§ 3179 — Actions authorized and required by a raw milk permit [For application of this section, see 84 Del. Laws, c. 434, § 4]

(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.

Legislative History

84 Del. Laws, c. 434, § 1