16 Del. Admin. Code § 4470-15.0

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

Section 4470-15.0 - Facility Requirements

15.1 Indoor Areas

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

15.1.1.1 Food preparation

15.1.1.1.1 Each facility for the production of edible marijuana products or marijuana-infused products shall ensure that:

15.1.1.1.1.1 The surfaces of equipment and utensils that have direct contact with marijuana products are clean to sight and touch;

15.1.1.1.1.2 The surfaces of cooking equipment and pans that have direct contact with marijuana products are kept free of encrusted grease deposits and other soil accumulations;

15.1.1.1.1.3 The surfaces of equipment that do not have direct contact with marijuana products are kept free of an accumulation of dust, dirt, residue and other debris.

15.1.1.2 Food preparation area surfaces

15.1.1.2.1 Each facility for the production of edible marijuana products or marijuana-infused products shall ensure that the surfaces of equipment and utensils that have direct contact with marijuana products are cleaned:

15.1.1.2.1.1 Each time there is a change from working with raw marijuana products to working with finished marijuana products;

15.1.1.2.1.2 Between uses with potentially hazardous marijuana products and ingredients, using the appropriate time and temperature controls to ensure the safety of the marijuana products;

15.1.1.2.1.3 At any time during operation when contamination may have occurred;

15.1.1.2.1.4 If they come into contact with potentially hazardous marijuana products or ingredients, surfaces and utensils are cleaned throughout the day at least once every 4 hours.

15.1.1.2.1.5 The surfaces of utensils and equipment that have direct contact with marijuana products or ingredients that are not potentially hazardous are cleaned:

15.1.1.2.1.5.1 At any time when contamination may have occurred;

15.1.1.2.1.5.2 At a frequency specified by the manufacturer; or

15.1.1.2.1.5.3 If the manufacturer does not specify a frequency, at a frequency necessary to prevent the accumulation of soil or mold.

15.1.1.3 Dry food storage

15.1.1.3.1 All elements involved in the production of marijuana infused products will be stored at least 12 inches off the floor on shelving or other generally recognized food storage container.

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

15.1.2.1 Food preparation; or

15.1.2.2 Dry food storage.

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

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

15.2 Artificial Interior Lighting

15.2.1 Provide minimum illumination intensities

15.2.1.1 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, and grinders or where the producer or employee safety is a factor.

15.3 Animals

15.3.1 No animals/pets shall be permitted in the kitchen area of a Marijuana Infused Food Establishment during the preparation, packaging, or handling of any marijuana infused food products. Employees with service animals, as defined by the Americans with Disabilities Act, must comply with state and federal food codes regarding the presence of service animals in food establishments.

15.4 Poisonous and Toxic Materials

15.4.1 Toxic substances shall be stored so they cannot contaminate food preparation or cooking equipment in kitchen areas.

15.4.2 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.

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

15.5 Plumbing in a Marijuana Business

15.5.1 The plumbing shall meet the requirements of all municipal, county or state codes.

15.5.2 Marijuana Infused Food Establishments shall have convenient access to permanent restroom facilities equipped with running potable water, paper towels and soap.

15.6 Sewage Disposal

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

15.7 Temperature Measuring Devices (TMD)

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

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

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

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

15.8 Refrigeration and Cold Holding Equipment

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

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

16 Del. Admin. Code § 4470-15.0

23 DE Reg. 667(2/1/2020)
24 DE Reg. 485( 11/1/2020) (Final)