SB 167 — AN ACT TO AMEND TITLE 16 OF THE DELAWARE CODE RELATING TO INSPECTIONS OF FOOD ESTABLISHMENTS.

Walsh &DELAWARE Rep.STATE SENATE 150th GENERAL ASSEMBLY SENATE AMENDMENT NO.

K.1 TO SENATE BILL NO.

Williams167 DELAWAREAMEND STATESenate SENATEBill 150thNo. GENERAL ASSEMBLY SENATE BILL NO.

167 ANbetween ACTlines TO43 AMENDand TITLE44 16by OFinserting THEthe DELAWAREfollowing: CODE RELATING TO INSPECTIONS OF FOOD ESTABLISHMENTS.

BE"(9) ITThe ENACTEDExecutive BYDirector THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE (Three-fifths of allthe membersDelaware electedFood toIndustry eachCouncil.". house thereof concurring therein):

SectionSYNOPSIS 1.This Amendment adds the Executive Director of the Delaware Food Industry Council to the stakeholder panel.

Amend § 122, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 122.

Powers and duties of the Department of Health and Social Services.

The Department shall have the following general powers and duties:

(3) Adopt, promulgate, amend, and repeal regulations consistent with law, which regulations shall not extend, modify, or conflict with any law of this State or the reasonable implications thereof, and which shall be enforced by all state State and local public health officials, to:

to do all of the following:

u.1.A.

Promulgate and enforce standards to regulate food establishments which may include, but are not limited to, establishments.

For purposes of this paragraph (3)u.1.

of this section, “food establishment” includes restaurants, caterers, temporary food vendors, grocery stores, food vending machines, ice manufacturers manufacturers, and cottage industries that prepare or handle food for human consumption whenever it is determined that said food represents a hazard to the public health.

B.

The standards under paragraph (3)u.1.A.

of this section must include a system for grading and classifying inspection results for food establishments.

The system must include a mechanism that identifies and represents a food establishment’s degree of compliance with the standards.

Section 2.

Amend § 122, Title 16 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 122.

Powers and duties of the Department of Health and Social Services.

The Department shall have the following general powers and duties:

(3) Adopt, promulgate, amend, and repeal regulations consistent with law, which regulations shall not extend, modify, or conflict with any law of this State or the reasonable implications thereof, and which shall be enforced by all state State and local public health officials, to:

to do all of the following:

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DIG :

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06/18/2019 04:54 PM u.3.

For The fee for each facility required by regulations to hold a permit, the following fee shall be assessed:

permit under this paragraph (3)u.

of this section is assessed as follows:

FOOD ESTABLISHMENT PERMIT Type of Establishment Fee Public Eating Place $100 $150 Section 3.

The Department shall form a stakeholder panel for the sole purpose of advising the Department on the content of the system for grading and classifying inspection results for food establishments promulgated under § 122(3)u.1.B.

of Title 16.

The stakeholder panel must complete work on the initial regulations by February 1, 2020.

The stakeholder panel is composed of the following members or a designee appointed by a member serving by virtue of position:

(1) A State Representative from the majority caucus, appointed by the Speaker of the House of Representatives.