3 Del. Admin. Code § 101-13.0

Current through Register Vol. 28, No. 5, November 1, 2024

Section 101-13.0 - Program administration

13.1 Permit required. A person may not conduct an on-farm food processing operation without a valid permit issued by the DDA. DDA may establish and collect a fee for this permit.

13.2 Application procedure. An applicant shall submit a written application for permit using forms provided by DDA authority at least 30 days before the date planned to begin an on-farm food processing operation.

13.3 Application review. DDA will review the application and may set forth specific conditions or stipulations under which a permit will be issued to the applicant. DDA may establish and collect a fee for this review.

13.4 Inspection and approval. No food processing by the applicant or on the premises may begin without an initial approval for permit issue of DDA; such approval may be contingent upon an inspection of the premises to assess compliance with this regulatory foundation. The operator shall allow the DDA access to the premises, equipment and records of the processing operation at reasonable times to inspect and assess compliance, as required.

13.5 Variance. The applicant may request in writing a modification or waiver of any provision of this regulatory foundation, according to procedures established by DDA.

13.6 Permit retention. The permit is not transferable. The permit holder shall renew the permit when required. The permit holder shall surrender the permit and cease operations, if so ordered by DDA. By acceptance of the permit, the permit holder shall be subject to regulatory, administrative, civil, injunctive and criminal remedies authorized by law for failure to comply with this and other directives issued by competent authority.

3 Del. Admin. Code § 101-13.0