16 Del. Admin. Code § 4458A-2.0
"Adulterated" means as stated in the Federal Food, Drug, and Cosmetic Act, §402.
"Approved" means acceptable to the regulatory authority based on a determination of conformity with principles, practices, and generally recognized standards that protect public health.
"Beverage" means a liquid for drinking, including water.
"Cannabis" is a plant of the Cannabaceae family and contains more than 80 biologically active chemical compounds. The most commonly known compounds are delta-9-tetrahydrocannabinol (THC) and cannabidiol (CBD).
"Consumer" means a person who is a member of the public, takes possession of food, is not functioning in the capacity of an operator of a food establishment or food processing plant, and does not offer the food for resale.
"Cottage food establishment" or "CFE" refers to facilities/locations where food items are made in a home-style kitchen for sale to and consumption by consumers.
"Cottage food products" refers to a non-time/temperature controlled for safety food as specified in these regulations that is offered for sale directly to consumers and only at a farmer's market or other approved venue.
"Delaware Food Code" means the current State of Delaware Food Code.
"Delaware State Registry of Cottage Food Establishments" means a list of establishments approved by the Division to sell approved products in cottage food establishments.
"Direct sales" means sales by the cottage food establishment that moves the products only within the State of Delaware directly to the consumer without the use of an independent retailer or other intermediary.
"Division" means the Delaware Division of Public Health.
"Drinking water" means water that meets criteria as specified in 40 CFR 141 National Primary Drinking Water Regulations. "Drinking water" is traditionally known as "potable water." "Drinking water" includes the term "water" except where the term used connotes that the water is not potable, such as "boiler water," "mop water," "rainwater," "wastewater," and "nondrinking" water.
"Easily cleanable" means a characteristic of a surface that: allows effective removal of soil by normal cleaning methods; is dependent on the material, design, construction, and installation of the surface; and varies with the likelihood of the surface's role in introducing pathogenic or toxigenic agents or other contaminants into food based on the surface's approved placement, purpose, and use.
"Employee" means an individual having supervisory or management duties; an individual on the payroll; a volunteer; an individual performing work under contractual agreement; or any other individual working in a cottage food establishment.
"Equipment" means an article that is used in the operation of a food establishment such as a freezer, grinder, hood, ice maker, meat block, mixer, oven, reach-in refrigerator, scale, sink, slicer, stove, table, temperature measuring device for ambient air, vending machine, or ware washing machine. "Equipment" does not include apparatuses used for handling or storing large quantities of packaged foods that are received from a supplier in a cased or overwrapped lot, such as hand trucks, forklifts, dollies, pallets, racks, and skids.
"Food-contact surface" means a surface of equipment or a utensil with which food normally comes into contact; or a surface of equipment or a utensil from which food may drain, drip, or splash into a food or onto; or a surface normally in contact with food.
"Food establishment" means a State of Delaware food establishment where food or drink is prepared for sale or service on the premises or elsewhere; or an operation where food is served to or provided for the public with or without charge.
"Home-style kitchen" means a residential style kitchen. A residential style kitchen shall be in the permanent, primary residence of the producer.
"Imminent health hazard" means a significant threat or danger to health that is considered to exist when there is evidence sufficient to show that a product, practice, circumstance, or event creates a situation that requires immediate correction or cessation of operation to prevent injury based on: the number of potential injuries, and the nature, severity, and duration of the anticipated injury.
"Major food allergen" means milk, egg, fish (such as bass, flounder, cod and including crustacean shellfish such as crab, lobster, or shrimp), tree nuts (such as almonds, pecans, or walnuts), wheat, peanuts, soybeans, and sesame. This definition includes food ingredients that contain milk, eggs, fish, tree nuts, wheat, peanuts, soybeans, and sesame.
"Person" means an association, a corporation, individual, partnership, or other legal entity.
"pH" refers to the symbol for the negative logarithm of the hydrogen ion concentration in gram equivalents per liter of solution where: pH values from 0 to 7 indicate acidity; pH values from 7 to 14 indicate alkalinity; and the pH value for pure distilled water, regarded as neutral, is 7.
"Poisonous and toxic materials" means substances that are not intended for ingestion, including cleaners and sanitizers, pesticides, necessary maintenance substances, such as non-food grade lubricants, and personal care items, such as medicines, first aid supplies, cosmetics, and toiletries.
"Private event" means an event restricted to organization members or another event that restricts the general public from attending.
"Processing area" means the area of the cottage food establishment where food preparation and other food service activities occur.
"Producer" means the person that manufactures cottage food products in a home-style kitchen.
"Ready-to-eat food" means food in a form that is edible without washing, cooking, or additional preparation by the food service facility or the consumer.
"Registration holder" means the entity that is legally responsible for the operation of the cottage food establishment such as the owner, the owner's agent, or other person; and possesses a valid registration to operate a cottage food establishment.
"Regulatory authority" means the Secretary, Delaware Department of Health and Social Services (DHSS), or authorized designee such as the Division of Public Health.
"Sanitization" means a heat or chemical treatment on cleaned food contact surfaces that is sufficient to yield a 99.999 percent reduction of the number of representative disease microorganisms of public health significance.
"Single-service articles" means an article designed, fabricated, and intended for one-time consumer use.
"Single-use articles" means an article intended by the manufacturer for one-time use by the preparer of the food.
"Temperature measuring device" or "TMD" means a thermometer, thermocouple, thermistor, or other device that indicates the temperature of food, air or water.
"Time/temperature control for safety food" or "TCS" means a food that requires time/temperature control for safety (TCS) to limit pathogenic microorganism growth or toxin formation.
16 Del. Admin. Code § 4458A-2.0
27 DE Reg. 432( 12/1/2023) (Final)