This subchapter establishes the permitting, testing, and inspection requirements applicable to the sale and distribution of fresh milk, raw milk, and products derived from raw milk that are intended for human consumption. Raw milk sold or distributed by a raw milk permit holder in compliance with this subchapter is exempt from the Milk Code.

84 Del. Laws, c. 434, § 1; 

For purposes of this subchapter:

(1) “Consumer” means an individual who purchases or acquires fresh milk from a producer, or who purchases or acquires raw milk or a product derived from raw milk from a producer holding a permit issued under § 3178 of this title.

(2) “Department” means the Department of Agriculture.

(3) “Fresh milk” means milk offered for sale to the public that meets the requirements under § 3177(a) of this title.

(4) “Milk Code” means the State of Delaware Milk Code in 16 DE Admin. Code 4461.

(5) “Permit holder” means a producer holding a raw milk permit issued under § 3178 of this title.

(6) “Producer” means a dairy farmer who files an Internal Revenue Service Schedule F form with the United States Department of Agriculture and who owns or operates a dairy in this State.

(7) “Raw milk” means fresh milk that is unprocessed, unpasteurized, and unhomogenized, and that is derived from a cow, sheep, or goat.

76 Del. Laws, c. 333;  84 Del. Laws, c. 434, § 1; 

(a) A container of milk may be labeled as “fresh” only if the milk has not been dehydrated, rehydrated, or reconstituted in whole or in part and does not contain caseins, casein products, or caseinates other than those caseins, casein products, or caseinates which occur naturally.

(b) A container of raw milk or the packaging of a product derived from raw milk must include a prominent label stating that raw milk is unprocessed, unpasteurized, and unhomogenized and may contain harmful bacteria.

76 Del. Laws, c. 333;  84 Del. Laws, c. 434, § 1; 

(a) The Department shall establish a raw milk permit. A raw milk permit allows a raw milk permit holder to sell or distribute raw milk or products derived from raw milk directly to a consumer within this State under the conditions listed in § 3179 of this title.

(b) The Department shall issue a raw milk permit to an applicant after the Department has received, reviewed, and approved a permit application from the applicant. A raw milk permit is valid for 1 year, unless revoked or suspended by the Department, and may be renewed.

(c) The Department may revoke or suspend a permit for failure to comply with this subchapter. The process for suspending or revoking a permit must comply with the administrative procedures under subchapter III of Chapter 101 of Title 29.

84 Del. Laws, c. 434, § 1; 

(a) It is unlawful for raw milk or products derived from raw milk to be sold or distributed in this State other than by a raw milk permit holder or by an individual under the direct supervision of a raw milk permit holder, such as an employee.

(b) A permit holder or an individual under the direct supervision of the raw milk permit holder may sell, offer for sale, or distribute raw milk or products derived from raw milk if all of the following conditions are met:

(1) The sale or distribution is made directly to a consumer and not for resale.

(2) A sign issued by the Department is posted conspicuously at the point of sale or distribution stating that raw milk and products derived from raw milk do not provide the protection of pasteurization and may contain harmful bacteria.

(3) A prominent label stating that raw milk and products derived from raw milk are unprocessed, unpasteurized, and unhomogenized and may contain harmful bacteria is placed on the outside of the container or package in which the raw milk or product derived from raw milk is sold or distributed.

(c) A raw milk permit holder must do all of the following in order to sell or distribute raw milk or products derived from raw milk:

(1) Comply with all applicable laws and regulations of this State.

(2) Maintain the health and welfare of the herd and the safety procedures of the raw milk operation in compliance with the standards established by the Department.

(3) Submit to inspection under subsection (d) of this section to ensure compliance with this subchapter.

(4) Prepare a raw milk risk management plan that covers sanitation, handling, and testing methods.

(5) Comply with testing, temperature, training, and disposal requirements as determined by the Department.

(d) The Department shall conduct inspections to ensure a permit holder’s compliance with this subchapter.

84 Del. Laws, c. 434, § 1; 

Whoever violates this subchapter shall be assessed a civil penalty of $1,000 per instance.

76 Del. Laws, c. 333;  84 Del. Laws, c. 434, § 1; 

The Department, in consultation with the Department of Health and Social Services, shall adopt regulations to administer and enforce this subchapter. The Department will consider the size and scale of dairy operations in this State when developing regulations.

76 Del. Laws, c. 333;  84 Del. Laws, c. 434, § 1;