16 Del. Admin. Code § 4470-17.0
Current through Register Vol. 28, No. 7, January 1, 2025
Section 4470-17.0 - Compliance and Enforcement Procedures17.1 A person may not operate a Marijuana Infused Food Establishment without a valid endorsement to operate issued by the Division.17.2 If the Division determines that a Marijuana Infused Food Establishment is operating without a valid endorsement; that one or more conditions exist which represent an imminent health hazard; or that serious violations, repeat violations, or general unsanitary conditions are found to exist, administrative action may occur. 17.2.1 Administrative action on the Marijuana Infused Food Establishment will be conducted in accordance with the following:17.2.1.1 Operation without an endorsement 17.2.1.1.1 Immediate Closure Order 17.2.1.1.1.1 If a Marijuana Infused Food Establishment is found operating without an endorsement as required by subsection 7.1 of this regulation, the Division shall order the establishment immediately closed.17.2.1.1.2 Notice of Closure 17.2.1.1.2.1 The closure shall be effective upon receipt of a written notice by the producer or employee of the Marijuana Infused Food Establishment. A closure notice statement recorded on the inspection report by a representative of the Division constitutes written notice.17.2.1.1.3 Duration of Closure17.2.1.1.3.1 The Marijuana Infused Food Establishment shall remain closed until an endorsement application; applicable fees and any required plans have been received and approved by the Division.17.2.1.2 Imminent Health Hazards 17.2.1.2.1 Endorsement suspension without hearing 17.2.1.2.1.1 If some condition is determined to exist in a Marijuana Infused Food Establishment which presents an imminent health hazard to the public, or for any violation of an applicable law or regulation, the Division may suspend the endorsement of the Marijuana Infused Food Establishment without a prior hearing. The suspension shall be effective upon receipt of written notice by the producer or employee of the marijuana establishment. A suspension statement recorded on an inspection report by the Division constitutes written notice.17.2.1.3 Serious Violations, Repeat Violations and General Unsanitary Conditions 17.2.1.3.1 When conditions exist in a marijuana establishment that represent serious violations, repeat violations or general unsanitary conditions, the Division may initiate a corrective action plan.17.2.2 In response to the order to close, the facility may: 17.2.2.1 Take no action, in which case the order to close shall remain in effect. 17.2.2.1.1 Take action to correct the unsafe and unsanitary practices identified during the survey. 17.2.2.1.1.1 The facility may submit evidence through a written plan of correction showing that the deficient practices, identified during the investigation, have been addressed and corrected.17.2.2.1.1.2 A change of location for the facility does not nullify an order to close and an acceptable plan of correction must still be submitted.17.2.2.1.1.3 The Department shall determine if the plan of correction is acceptable.17.2.2.1.1.4 Once accepted, the Department shall schedule a revisit as soon as possible.17.2.2.2 Request, in writing, an administrative hearing with the Department to contest the order to close. 17.2.2.2.1 Such request must be received within 10 calendar days from the date on which the order to close was issued. 17.2.2.2.1.1 As soon as possible, but in no event later than 60 calendar days after the issuance of the closure order, the Department shall convene a hearing on the reasons for closure.17.2.2.2.1.2 The Department shall make a determination based upon the evidence presented. 17.2.2.2.1.2.1 A written copy of the determination and the reasons upon which it is based shall be sent to the facility within 30 calendar days of the hearing.17.2.2.2.2 During an administrative hearing: 17.2.2.2.2.1 The facility has the right to be represented by counsel;17.2.2.2.2.2 All statements made shall be under oath;17.2.2.2.2.3 The facility has the right to examine and cross-examine witnesses and present evidence;17.2.2.2.2.4 A stenographic record will be made by a qualified court reporter. At the request and expense of any party, such record shall be transcribed with a copy to the other party; and17.2.2.2.2.5 The decision of the Department shall be based upon sufficient legal evidence. If the charges are supported by such evidence, the Department may continue, modify or revoke the closure order.17.2.2.2.3 Upon reaching its conclusion of law and determining an appropriate disciplinary action, the Department shall issue a written decision and order in accordance with § 10128 of Title 29.17.2.2.2.4 All decisions of the Department shall be final and conclusive. Where the facility is in disagreement with the action of the Department, the facility may appeal the Department's decision to the Superior Court within 30 days of service or of the postmarked date of the copy of the decision mailed to the facility. The appeal shall be on the record to the Superior Court and shall be as provided in §§10142 - 10145 of Title 29.17.2.3 Examination of Food 17.2.3.1 Food may be examined or tested by the Division contract lab as often as necessary for enforcement of this regulation.17.2.3.2 All food shall be wholesome and free from spoilage. Food that is spoiled or unfit for human consumption shall not be kept on the premises.17.3 Penalties 17.3.1 Operation in Violation of Regulation 17.3.1.1 Any person who violates a provision of this regulation, and any person who is the holder of a permit or who otherwise operates a food establishment that does not comply with the requirements of this regulation shall be subject to the penalties found in 16 Del.C. § 4914 and these regulations.17.4 Injunction 17.4.1 The Division may seek to enjoin violations of the regulation.16 Del. Admin. Code § 4470-17.0
23 DE Reg. 667(2/1/2020)
24 DE Reg. 485( 11/1/2020) (Final)