3 Del. Admin. Code § 101-8.0

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

Section 101-8.0 - Operator qualifications

The below framework provides for the operator to possess the knowledge and demonstrate the abilities needed to safely perform production under the on-farm home food processing program.

8.1 Education and training.

8.1.1 Persons responsible for identifying sanitation failures or food contamination should have a background of education or experience, or a combination thereof, to provide a level of competency necessary for production of clean and safe food. Food handlers should receive appropriate training in proper food handling techniques and food protection principles, and should be informed of the dangers of poor personal hygiene and unsanitary practices.

8.1.2 An individual who wishes to process non-potentially hazardous foods in a domestic kitchen shall have adequate knowledge of safe food handling practices and shall have successfully completed a course offered through the Cooperative Extension Program prior to applying for a permit. The course shall be approved by DDA and provide a minimum of 8 hours of training in:

8.1.2.1 Sanitation;

8.1.2.2 Cross-contamination controls; and

8.1.2.3 Food security/defense.

8.2 Disease control:

8.2.1 Any person who, by medical examination or supervisory observation, is shown to have, or appears to have, an illness, open lesion, including boils, sores, or infected wounds, or any other abnormal source of microbial contamination by which there is a reasonable possibility of food, food-contact surfaces, or food-packaging materials becoming contaminated, shall be excluded from any operations which may be expected to result in such contamination until the condition is corrected. Personnel shall be instructed to report such health conditions to the regulatory authority.

8.3 Cleanliness:

8.3.1 All persons working in direct contact with food, food-contact surfaces, and food-packaging materials shall conform to hygienic practices while on duty to the extent necessary to protect against contamination of food. The methods for maintaining cleanliness include, but are not limited to:

*	Wearing outer garments suitable to the operation in a manner that protects against the contamination of food, food-contact surfaces, or food-packaging materials;

*	Maintaining adequate personal cleanliness;

*	Washing hands thoroughly (and sanitizing if necessary to protect against contamination with undesirable microorganisms) in an adequate hand washing facility before starting work, after each absence from the work station, and at any other time when the hands may have become soiled or contaminated.

*

Removing all unsecured jewelry and other objects that might fall into food, equipment, or containers, and removing hand jewelry that cannot be adequately sanitized during periods in which food is manipulated by hand. If such hand jewelry cannot be removed, it may be covered by material which can be maintained in an intact, clean, and sanitary condition and which effectively protects against the contamination by these objects of the food, food-contact surfaces, or food-packaging materials;

*	Maintaining gloves, if they are used in food handling, in an intact, clean, and sanitary condition. The gloves should be of an impermeable material;

*	Wearing, where appropriate, in an effective manner, hair nets, headbands, caps, beard covers, or other effective hair restraints;

*	Storing clothing or other personal belongings in areas other than where food is exposed or where equipment or utensils are washed;

*	Confining the following to areas other than where food may be exposed or where equipment or utensils are washed: eating food, chewing gum, drinking beverages, or using tobacco.

*	Taking any other necessary precautions to protect against contamination of food, food-contact surfaces, or food-packaging materials with microorganisms or foreign substances including, but not limited to, perspiration, hair, cosmetics, tobacco, chemicals, and medicines applied to the skin.

*	No animals or fowls shall be kept in or permitted to enter the premises of any on-farm food operations.

8.4 While operating with a license issued in accordance with this regulation, the person-in-charge shall manufacture and process only non-potentially hazardous foods such as:

*	Baked breads, cakes, muffins, or cookies with a water activity of .85 or less

*	Candy (non-chocolate)

*	Containerized fruit preparations consisting of jellies, jams, preserves, marmalades, and fruit butters with an equilibrated pH of 4.6 or less or a water activity of 0.85 or less;

*	Fruit pies with an equilibrated pH of 4.6 or less or a water activity of 0.85 or less;

*	Herbs in vinegar with an equilibrated pH of 4.6 or less;

*	Honey and herb mixtures; and

*	Dried fruit and vegetables;

*	Spices or herbs

*	Maple syrup and sorghum

*	Snack items such as popcorn, caramel corn, and peanut brittle

*	Roasted nuts

8.5 While operating with a license issued in accordance with this regulation, the person-in-charge shall not process potentially hazardous foods for commercial sale such as:

*	Low-acid canned foods, such as home-canned or jarred fruits, vegetables, pickled products, sauces, relishes.

*	Cream, custard, pumpkin, meat, or other single-crust pies or cream or cheese-filled baked goods

*	Cured or fermented foods;

*

Seafood;

*	Apple cider or other juices;

8.6 While operating with a license issued in accordance with this regulation, the person-in-charge shall limit processed food production to:

8.6.1 An amount of food that can safely be produced in the domestic kitchen as evidenced by sanitation and process and cross-contamination control;

8.6.2 $50,000 of sales of on-farm home processed foods.

8.7 While operating with a license issued in accordance with this regulation, the person-in-charge shall process commercially only during times when the kitchen is not being used for domestic purposes;

8.8 While operating with a license issued in accordance with this regulation immediately before and after processing commercially, the person-in-charge shall clean and sanitize all food contact surfaces, equipment, and utensils;

8.9 While operating with a license issued in accordance with this regulation while processing commercially, the person-in-charge shall:

8.9.1 Use only building areas, equipment, and utensils that DDA has reviewed or inspected and approved;

8.9.2 Shall store ingredients for commercial manufacturing and finished manufactured food in a separate area from foods used domestically.

3 Del. Admin. Code § 101-8.0

17 DE Reg. 316 (9/1/2013) (Final)