3 Del. Admin. Code § 303-17.0 - Enforcement
17.1 Any person or
responsible office of that person who violates a provision of this regulation,
and any person or responsible officer of that person who is the holder of a
permit or who otherwise operates a dairy farm that does not comply with the
requirements of this regulation shall be subject to the penalties found in 3
Del.C.
§3179.
17.2 The Department may take administrative
action if it determines that a person is selling or distributing raw milk
without a valid permit, that 1 or more conditions exist which represent an
imminent health hazard, or that serious violations, repeat violations, or
general unsanitary conditions are found to exist.
17.2.1 Operation Without a Permit
17.2.1.1 If a person is found operating
without a valid permit as required by Section 4.0 of this regulation, the
Department shall immediately order the person to cease the sale of raw
milk.
17.2.1.2 The order shall be
effective upon receipt by the person selling or distributing raw
milk.
17.2.1.3 The order shall
remain in effect until a permit application and all requirements of Section 5.0
of this regulation have been received and approved by the Department.
17.2.2 Imminent Health Hazard
17.2.2.1 If a condition is determined to
exist which presents an imminent health hazard to the public, the Department
may suspend the raw milk permit without a prior hearing. The suspension shall
be effective upon receipt of written notice by the person selling or
distributing raw milk.
17.2.2.2 A
person whose license has been suspended pursuant to subsection 17.2.2.1 may
request, in writing, a hearing before the Department at any time during the
period of suspension, in order to demonstrate that the imminent health hazard
no longer exists. The request for hearing shall not stay the
suspension.
17.2.2.3 Whenever, in
the opinion of the department, a given supply of raw milk is considered an
imminent health hazard, the department may seize, condemn, denature or destroy
the milk, without compensation to the owner of the milk.
17.2.3 When conditions exist at a raw milk
dairy that represent serious violations, repeat violations or general
unsanitary conditions, the Department may suspend or revoke the raw milk
permit, initiate a corrective action plan, or schedule a hearing.
17.3 In response to an
administrative action by the Department, the producer may:
17.3.1 Take no action, in which case the
administrative decision shall remain in effect.
17.3.2 Take action to correct the unsafe and
unsanitary practices identified by the Department.
17.3.2.1 The producer may submit evidence
showing that the deficient practices identified during the investigation have
been addressed and corrected.
17.3.2.2 The Department retains sole
discretion to determine if the violations have been corrected.
17.3.2.3 Once violations have been corrected
the Department may conduct any follow-up inspections that it deems
necessary.
17.3.3
Request, in writing, an administrative hearing in accordance with Section 18.0
of this regulation to contest the administrative decision.
Notes
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