16 Del. Admin. Code § 4447-2.0
For the purposes of these Regulations the following definitions shall apply:
"Agricultural Employer" means any person, corporation, association, or other legal entity that: owns or operates an agricultural establishment; contracts with the owner or operator of an agricultural establishment in advance of production for the purchase of a crop and exercises substantial control over production; or recruits and supervises employees or is responsible for the management and condition of an agricultural establishment.
"Agricultural establishment" means a business operation that uses paid employees in the production or handling of food, fiber, or other materials such as seed, seedlings, plants, or parts of plants.
"Director" means the Director of the Delaware Division of Public Health or his/her designee.
"Division" means the Delaware Division of Public Health as the agency, and its authorized representative, having jurisdiction to promulgate, monitor, administer and enforce these Regulations.
"Field Sanitation Operation" means any agricultural establishment where 11 or more employees are engaged on any given day in hand-labor operations in the field for more than three (3) consecutive hours.
"Hand Labor Operation" means agricultural activities or agricultural operations performed by hand or with hand tools. Hand labor operations also include other activities or operations performed in conjunction with hand labor in the field. Some examples of hand labor operations are the hand-cultivation, hand-weeding, hand-planting and hand-harvesting of vegetables, nuts, fruits, seedlings or other crops, including mushrooms, and the hand packing of produce into containers, whether done on the ground, on a moving machine, or in a temporary packing shed located in the field. Hand-labor does not include such activities as logging operations, the care or feeding of livestock, or hand-labor operations in permanent structures (e.g., canning facilities or packing houses).
"Handler" means any person (except a common or contract carrier of produce owned by another person) who handles produce, including a producer who handles produce of his own production.
"Handwashing facility" means a facility providing a basin, container or outlet with an adequate supply of potable water, soap and single-use towels. Moist towelettes cannot be substituted for soap and water.
"Imminent Health Hazard" means a condition that presents a hazard to the health of a migrant agricultural worker or the worker's family that includes but is not limited to any one of the following:
| . | An ongoing outbreak of an infectious, pathogenic or toxic agent capable of being transmitted; |
| . | The absence of potable water, supplied under pressure, |
| . | in a quantity capable of meeting the needs of the facility; |
| . | The absence of adequate toilet facilities; |
| . | A backup of sewage into the facility or into equipment containing food or utensils; |
| . | A n infestation of vermin to the extent that food and food contact surfaces cannot be protected from contamination; or |
| . | The lack of equipment capable of maintaining the product temperature of all potentially hazardous foods within the camp. |
"Migratory Agricultural Labor Housing and Camp" or "Camp" means one or more buildings, structures, trailers, or mobile homes, together with the tract of land pertaining thereto, established, operated or maintained, or used as living quarters for five (5) or more migrant agricultural workers. No tents shall be accepted as living quarters.
"Migratory Agricultural Labor Housing and Camp Operator" or "Camp Operator" means the person who has been granted a permit to operate a migratory agricultural labor camp or the person who arranges or provides housing for migratory agricultural workers.
"Migrant agricultural worker" means an individual who is employed in agricultural employment of a seasonal or temporary nature, and who is required to be absent overnight from his permanent place of residence.
"Permit" means written approval by the Division to operate a camp or field sanitation/hand labor operation. Approval is given in accordance with these Regulations and is separate from any other licensing requirement that may exist within communities or political subdivisions comprising the jurisdiction.
"Person" means an individual, corporation, business trust, estate trust, partnership, limited liability company, association, joint venture, or any other legal or commercial entity.
"Person in Charge" means the owner of the camp or field sanitation/hand labor operation. This individual shall represent the camp at any hearing scheduled pursuant to Section 7.0 of these Regulations. Every migratory agricultural labor housing camps and field sanitation/hand labor operation shall, upon request, provide the Division with the name of their person(s) in charge and how the person in charge can be contacted. A camp operator, hired by the camp owner, cannot be the person in charge.
"Potable Water" means water which is in compliance with all of the required applicable drinking water regulations.
"Shelter" means any building, structure, trailer or mobile home of one or more rooms used for sleeping or living quarters.
"Toilet Facility" means a fixed or portable facility designed for the purpose of adequate collection and containment of the products of both defecation and urination which is applied with toilet paper adequate to employee needs. Toilet facility includes biological, chemical, flush and combustion toilets.
16 Del. Admin. Code § 4447-2.0