16 Del. Admin. Code § 4461 – State of Delaware Milk Code

Department of Health and Social Services

Division of Public Health

4400 Health Systems Protection

4461 State of Delaware Milk Code

1.0 State of Delaware Milk Code

1.1 This regulation shall hereby be known as the “State of Delaware Milk Code”.
1.2 The regulatory agency may grant a variance by modifying or waiving the requirements of this regulation if in the opinion of the regulatory agency a health hazard or nuisance will not result from the variance or waiver.
1.3 A copy of the complete State of Delaware Milk Code is available for public view at the following location: Office of Food Protection, 43 S. DuPont Hwy., Suite C, Dover, DE 19901. A copy is also available online at:
https://www.fda.gov/media/180975/download?attachment

2.1 The State of Delaware Milk Code adopts, as if fully set forth herein, the United States Department of Health and Human Services’ Grade “A” Pasteurized Milk Ordinance 2023 Revision as amended in Section 2.0 of this regulation. This regulation shall apply to dairy plants, dairy farms, processing plants, receiving stations and other facilities or establishments handling, transporting, or selling any Grade "A" milk or milk products for human consumption.
2.2 Insert as footnote 2 the phrase “State of Delaware”.
2.3 Amend Section 16 by deleting the section in its entirety and substituting in lieu thereof the following: "Any person who shall violate any of the provisions of this regulation shall be penalized in accordance with this regulation and Title 16 of the Delaware Code.”
2.4 Amend Section 17 by deleting the section in its entirety and substituting in lieu thereof the following, "All current or previous regulations or parts of regulations in conflict with this regulation, as proposed in theDelaware Register of Regulationson March 1, 2025, are hereby repealed and this regulation shall be in effect 10 days after publication of the final regulation in theDelaware Register of Regulations, whichever is later.”