3 Del. Admin. Code § 303-13.0 - Raw Milk Packaging and Consumer Notification

13.1 The Department will consider a milk room facility as being adequate for bottling and capping, or the filling and closure of containers other than bottles. This activity shall be completed in a sanitary manner using easily cleanable equipment that has been cleaned and sanitized.

13.2 Bottles, containers, caps, and closures for raw milk must be sanitized before filling. Bottle and containers may not be filled by the customer.

13.3 Raw milk must be sold in containers owned by the permit holder and labeled according to this Section. Raw milk may not be sold in consumer-owned containers.

13.4 Labels for raw milk containers shall follow 6 Del.C. § 5118, 6 Del.C. § 5120, and the requirements in this regulation.

13.5 Labels for raw milk must include the following in a font size where a lowercase "a" is at least 1/16 inch in height, typically a 6-point font size, and in a contrasting color:

13.5.1 The words "Raw Milk;"

13.5.2 The fluid volume;

13.5.3 The name and address of the producer;

13.5.4 The words "Keep Refrigerated"; and

13.5.5 The words "Consumer Advisory Statement" followed by: "The raw milk in this container has not been processed to remove pathogens that can cause illness. The consumption of raw milk may significantly increase the risk of foodborne illness in persons who consume it, particularly with respect to certain highly-susceptible populations such as preschool-age children, older adults, pregnant women, persons experiencing illness, and other people with weakened immune systems."

13.6 Label requirement: Milk Dating

13.6.1 The cap of the raw milk container, or the container itself, must be conspicuously and legibly marked in a contrasting color with the designation of the "sell-by" date-the month and day of the month after which the raw milk may not be sold or offered for sale. The designation may be numerical, such as "8-15", or with the use of an abbreviation for the month, such as "AUG 15" or "AU 15." The words "Sell by" or "Not to be sold after" must precede the designation of the date, or the statement "Not to be sold after the date stamped above" must appear legibly on the container. This designation of the date may not exceed 17 days beginning after midnight on the day on which the raw milk was produced.

13.6.2 The sell-by date must be separate and distinct from any other number, letter, or intervening material on the cap or container.

13.7 Raw milk may not be sold or offered for sale for human consumption after the sell-by date designated on the container.

Notes

3 Del. Admin. Code § 303-13.0

28 DE Reg. 871 (6/1/2025) (Final)