Statutes, codes, and regulations
Delaware Administrative Code
Title 16 - Health and SafetyDepartment of Health and Social ServicesDivision of Public HealthHealth Systems Protection (HSP)State of Delaware Food CodeChapter 3 - FoodPart 3-2 - SOURCES, SPECIFICATIONS, AND ORIGINAL CONTAINERS AND RECORDS
Subpart 3-201 - Sources
Section 3-201.11 - Compliance with Food Law

16 Del. Admin. Code § 3-201.11

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Current through Register Vol. 27, No. 12, June 1, 2024
Section 3-201.11 - Compliance with Food Law
(A) FOOD shall be obtained from sources that comply with LAW.p
(B) FOOD prepared in a private home may not be used or offered for human consumption in a FOOD ESTABLISHMENT. p
(C) PACKAGED FOOD shall be labeled as specified in LAW, including 21 CFR 101 FOOD Labeling, 9 CFR 317 Labeling, Marking Devices, and Containers, and 9 CFR 381 Subpart N Labeling and Containers, and as specified under §§ 3-202.17 and 3-202.18. Pf
(D) FISH, other than those specified in paragraph 3-402.11(B), that are intended for consumption in raw or undercooked form and allowed as specified in paragraph 3-401.11(D), may be offered for sale or service if they are obtained from a supplier that freezes the FISH as specified under § 3-402.11; or if they are frozen on the PREMISES as specified under § 3-402.11 and records are retained as specified under § 3-402.12.
(E) WHOLE-MUSCLE, INTACT BEEF steaks that are intended for consumption in an undercooked form without a CONSUMER advl isory as specified in ¶ 3-401.11(C) shall be:
(1) Obtained from a FOOD PROCESSING PLANT that, upon request by the purchaser, packages the steaks and labels them, to indicate that the steaks meet the definition of WHOLE-MUSCLE, INTACT BEEF, Pf Or
(2) Deemed acceptable by the REGULATORY AUTHORITY based on other evidence, such as written buyer specifications or invoices, that indicates that the steaks meet the definition of WHOLE-MUSCLE, INTACT BEEF, Pf and
(3) If individually cut in a FOOD ESTABLISHMENT:
(a) Cut from WHOLE-MUSCLE INTACT BEEF that is labeled by a FOOD PROCESSING PLANT as specified in Subparagraph (E)(1) of this section or identified as specified in Subparagraph (E)(2) of this section, Pf
(b) Prepared so they remain intact, Pf and
(c) If PACKAGED for undercooking in a FOOD ESTABLISHMENT, labeled as specified in Subparagraph (E)(1) of this section or identified as specified in (E)(2) of this section. Pf
(F) MEAT and POULTRY that is not a READY-TO-EAT FOOD and is in a PACKAGED form when it is offered for sale or otherwise offered for consumption, shall be labeled to include safe handling instructions as specified in LAW, including 9 CFR 317.2(1) and 9 CFR 381.125(b).
(G) EGGS that have not been specifically treated to destroy all viable Salmonellaeshall be labeled to include safe handling instructions as specified in LAW, including 21 CFR 101.17(h).

16 Del. Admin. Code § 3-201.11

17 DE Reg. 1084( 5/1/2014) (Final)