16 Del. Admin. Code § 4458A-7.0

Current through Register Vol. 28, No. 7, January 1, 2025

Section 4458A-7.0 - Facility Requirements

7.1 Outdoor Areas

7.1.1 Only durable, cleanable, vermin-proof refuse containers that are leak-proof and non-absorbent may be used and a means of cleaning these containers are provided. Covered or closed lids on all outdoor refuse containers are required, including dumpsters; if containers are fitted with a drainage port, a drain plug shall be used.

7.1.2 Outer Openings, Doors, and Windows. All holes and gaps along floors, walls and roof lines shall be filled or closed.

7.1.3 Windows shall be tight-fitting. If windows will be opened for ventilation, inserts with 16 mesh to the inch screening shall be used.

7.1.4 If doors are kept open for ventilation, self-closing screened doors with 16 mesh screening shall be used.

7.2 Indoor Areas

7.2.1 Materials that are smooth, durable, and easily cleanable shall be installed in the following areas:

7.2.1.1 Food preparation; and

7.2.1.2 Dry food storage.

7.2.2 Carpeting of any kind shall not be used in the following areas:

7.2.2.1 Food preparation; and

7.2.2.2 Dry food storage.

7.2.3 Utility lines shall be installed inside walls, above ceiling, or below floors, where possible.

7.2.4 Insect control devices shall not be installed over food preparation surfaces.

7.3 Artificial Interior Lighting

7.3.1 Provide minimum illumination intensities.

7.3.1.1 At least 50 foot-candles at a surface where a producer or employee is working with food or working with utensils or equipment such as knives, slicers, grinders, or where the producer or employee safety is a factor.

7.4 No animals or pets shall be permitted in the CFE during the preparation, packaging, or handling of any cottage food products.

7.5 Poisonous and Toxic Materials

7.5.1 Toxic substances shall be stored so they cannot contaminate food preparation or cooking equipment in home-style kitchen areas.

7.5.2 Rodent bait shall be contained in covered, tamper-resistant bait stations. Toxic tracking powders shall not be used as a pesticide and nontoxic tracking powders shall not contaminate food, equipment, or utensils.

7.5.3 All medicines and first aid supplies shall be labeled and stored in a kit or container out of food preparation areas.

7.6 Plumbing in a Cottage Food Establishment.

7.6.1 The plumbing shall meet the requirements of all municipal, county, or state codes. Where there are no local codes the State of Delaware Regulations Governing a Detailed Plumbing Code applies.

7.6.2 The CFE shall have convenient access to permanent restroom facilities equipped with running potable water, paper towels, and soap.

7.7 Individual sewage disposal systems require the approval of the Department of Natural Resources and Environmental Control prior to operating the establishment.

7.8 Temperature Measuring Devices (TMD)

7.8.1 In mechanically refrigerated food storage units, TMD shall be located to measure the air temperature in the warmest part of the unit.

7.8.2 TMD shall be readily accessible for use in ensuring attainment and maintenance of required food temperatures.

7.8.3 TMD shall be accurate to ±1o Celsius or ±2o Fahrenheit to measure food temperatures.

7.8.4 TMD shall not have sensors constructed of glass, except if encased in shatterproof coating.

7.9 Refrigeration and Cold Holding Equipment

7.9.1 Freezer units shall be capable of maintaining stored food solidly frozen.

7.9.2 Refrigeration and cold holding units shall be capable of maintaining stored foods at 41o Fahrenheit or below.

16 Del. Admin. Code § 4458A-7.0

23 DE Reg. 52 (7/1/2019)
27 DE Reg. 432 (12/1/2023) (Final)