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Ex. DUT-DE-008 Standing duty Primary source read

16 DE Admin. Code 4458, State of Delaware Food Code (effective Aug. 11, 2020; adopting the U.S. Public Health Service 2017 Food Code with Delaware amendments)

16 DE Admin. Code 4458: State of Delaware Food Code Regulations

Department of Health and Social Services, Division of Public Health, Office of Food Protection (regulation) · Delaware (State)

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The record

Jurisdiction
Delaware
Level
State
Authority
16 Del. C. §§ 122(3)f. and 134 (as recited in the Food Code); 16 Del. C. ch. 33
Issued
2020-08-11 Aug. 11, 2020
Effective
2020-08-11 (prior issue in force before that date) (read as 2020-08-11)
End
standing (read as 2021-09-30)
In force
Standing since Aug. 11, 2020 (a statutory duty; in force throughout the six quarters)
Quarters
2020 Q22020 Q32020 Q42021 Q12021 Q22021 Q3
Limitation types
Workplace rulesStanding dutyOperating condition
Addressees
  • specified businesses (food establishments, restaurants, retail food operations and their permit holders and persons in charge)
Character
sanitary code duty
Collection
Standing duties: Delaware DUT-DE

Operative words

The State of Delaware Food Code shall be effective August 11, 2020.... 2.1 The State of Delaware Food Code adopts, as if fully set forth herein, the United States Public Health Service 2017 Food Code

Penalty

permit suspension and closure under the adopted Food Code; 16 Del. C. § 107(a) fine of $100 to $1,000 per violation (Ex. DUT-DE-006)

What it required

Every Delaware food establishment operated under a permit conditioned on compliance with the adopted FDA Food Code, including the permit holder's duty to require food employees to report illness and to exclude or restrict ill employees (Food Code § 2-201, as amended by § 2.2 of the Delaware regulation), sanitation and hand-hygiene duties, and the regulatory authority's power to order cessation of operations for an imminent health hazard.

Retrieval note

The exhibit is the State's static archive mirror of the Aug. 11, 2020 issue; the adopted FDA 2017 Food Code text is incorporated by reference and is not reproduced in the exhibit. DPH's Phase 2 Requirements for Food Establishments (Ex. DUT-DE-017) invoke this regulation: '13. Must adhere to all Food Code regulations.' The file-name date (2020-04-01) was assigned at retrieval; the instrument's own effective date is Aug. 11, 2020 as recorded above.