3 Del. Admin. Code § 303-5.0 - Requirements for Issuance of a New Raw Milk Permit

5.1 For purposes of this regulation, permits are considered new if the dairy has not previously been permitted or if the previous permit has been expired, suspended, or revoked for more than 90 days.

5.2 Before issuing a new raw milk permit, the Department will inspect the dairy farm that is the subject of a new raw milk permit application. The dairy farm must be in substantial compliance with the applicable provisions of the Milk Choice Act, this regulation, and the dairy farm risk management plan to be eligible for a raw milk permit.

5.3 An applicant for a new raw milk permit must provide the Department confirmation that the animal or herd from which the raw milk for human consumption is to be produced has been determined to be free from brucellosis and free from tuberculosis in accordance with the process in Section 9.0 of this regulation. This confirmation shall be provided in writing as part of the application submission for a new raw milk permit.

5.4 An applicant for a new raw milk permit must have a licensed veterinarian examine the animal or herd and provide the Department a written report of this examination. The report must reflect that, upon physical examination, the subject animals are in apparent good health and free from evidence of communicable disease. This shall be done in accordance with Section 9.0 of this regulation.

5.5 Water Testing Requirements

5.5.1 An applicant for a new raw milk permit must have the dairy farm water supply tested to determine compliance with Section 10.0 of this regulation. Satisfactory water results must be provided as part of the application submission.

5.5.2 The testing requirement in subsection 5.5.1 does not apply if the water supply is through a public or municipal water system, but confirmation of the connection to a public or municipal system must be provided in writing as part of the application submission.

5.5.3 The testing requirement in subsection 5.5.1 applies to recirculated cooling water if the dairy farm uses a recirculated cooling water system for milk cooling.

5.6 Milk Testing Requirements

5.6.1 The applicant must have an approved sampler draw 3 separate samples of commingled milk from the bulk tank. The samples must be drawn at least 7 days apart and be taken on an unannounced basis.

5.6.2 The applicant must submit each of the 3 samples described in subsection 5.6.1 to a laboratory approved by the Department for analysis to determine whether the samples meet the standards in Section 11.0 of this regulation.

5.6.3 If any of the 3 analyzed samples described in subsection 5.6.1 violates or exceeds a standard in Section 11.0 of this regulation, with the exception of pathogenic bacteria testing as described in subsection 5.6.4, then the applicant must repeat the 3-sample process until 3 successive samples are in compliance with the referenced standards.

5.6.4 If the first of the 3 required samples concludes that no pathogenic bacteria are present, then the second and third samples need not be tested for the presence of pathogenic bacteria. If a sample test concludes that pathogenic bacteria are present, a raw milk permit will not be issued until 2 separate consecutive tests, from samples drawn at least 7 days apart, conclude that no pathogenic bacteria are present.

5.7 Before the issuance of a new raw milk permit, the Department must complete a plan review as part of the initial application package. The plan review requirements include submission of:

5.7.1 Equipment list.

5.7.2 Floor plan including dimensions of place, equipment layout, and flooring material.

5.7.3 Process flow diagram that shows sanitation, storage, handling, and other activities from milking through sales or distribution.

5.7.4 Testing and sampling plan.

Notes

3 Del. Admin. Code § 303-5.0

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