4447 Regulations Governing the Sanitation of Migratory Agricultural Labor Housing Camps and Field Sanitation (Hand Labor) Operations

Delaware General Assembly : Delaware Regulations : Administrative Code : Title 16 : Department of Health and Social Services : Division of Public Health : Health Systems Protection (HSP)

4447 Regulations Governing the Sanitation of Migratory Agricultural Labor Housing Camps and Field Sanitation (Hand Labor) Operations

1.0 General Provisions

1.1 Preamble

1.1.1 The Secretary of Delaware Health and Social Services adopts these Regulations pursuant to the authority vested by 16 Del.C. §122(3) a, b, c, e, g and j. These Regulations, as amended, provide a system of permitting, inspecting and enforcing migratory agricultural labor housing camps and field sanitation/hand labor operation.

1.1.2 These Regulations are adopted on (Month Day Year) and have an effective date of (Month Day Year).

1.2 Purpose and Scope

1.2.1 The purpose of these Regulations is to provide minimum standards for design, construction, maintenance and operation of migratory agricultural labor housing camps and field sanitation/hand labor operation in the State of Delaware, and to assure a clean, healthful, and safe environment for agricultural workers and their families using these camps and facilities.

1.2.2 These Regulations in no way preclude a facility from establishing additional rules and operating procedures that do not contradict those established herein.

1.3 Variance

1.3.1 The Division may grant a variance by modifying or waiving the requirements of these Regulations if, in the opinion of the Division, a health hazard or nuisance will not result from the variance.

1.3.2 A variance shall not be transferable from person to person, or from location to location.

1.3.3 If a variance is granted, the Division shall retain the information specified below in its records for the camp or field sanitation/hand labor operation:

1.3.3.1 A statement of the proposed variance of the requirement of these Regulations, citing the relevant section of these Regulations;

1.3.3.2 An analysis of the rationale for how the potential public health hazard or nuisance will be alternatively addressed by the proposal; and

1.3.3.3 Any other information requested by the Division that may be deemed necessary to render the judgment.

1.3.4 A variance, if granted, is rendered void upon occurrence one or more of the following: the physical facility is demolished; a remodeling project in the facility includes the area addressed in the variance; or the permit holder granted the variance ceases to operate the camp or field sanitation/hand labor operation for a period exceeding 30 consecutive days.

1.4 Severability

1.4.1 In the event any particular clause or section of the Regulations should be declared invalid or unconstitutional by a court of competent jurisdiction, the remaining portions shall remain in full force and effect.

2.0 Definitions

For the purposes of these Regulations the following definitions shall apply:

“Agricultural Employer” means any person, corporation, association, or other legal entity that: owns or operates an agricultural establishment; contracts with the owner or operator of an agricultural establishment in advance of production for the purchase of a crop and exercises substantial control over production; or recruits and supervises employees or is responsible for the management and condition of an agricultural establishment.

“Agricultural establishment” means a business operation that uses paid employees in the production or handling of food, fiber, or other materials such as seed, seedlings, plants, or parts of plants.

“Director” means the Director of the Delaware Division of Public Health or his/her designee.

“Division” means the Delaware Division of Public Health as the agency, and its authorized representative, having jurisdiction to promulgate, monitor, administer and enforce these Regulations.

“Field Sanitation Operation” means any agricultural establishment where 11 or more employees are engaged on any given day in hand-labor operations in the field for more than three (3) consecutive hours.

“Hand Labor Operation” means agricultural activities or agricultural operations performed by hand or with hand tools. Hand labor operations also include other activities or operations performed in conjunction with hand labor in the field. Some examples of hand labor operations are the hand-cultivation, hand-weeding, hand-planting and hand-harvesting of vegetables, nuts, fruits, seedlings or other crops, including mushrooms, and the hand packing of produce into containers, whether done on the ground, on a moving machine, or in a temporary packing shed located in the field. Hand-labor does not include such activities as logging operations, the care or feeding of livestock, or hand-labor operations in permanent structures (e.g., canning facilities or packing houses).

“Handler” means any person (except a common or contract carrier of produce owned by another person) who handles produce, including a producer who handles produce of his own production.

“Handwashing facility” means a facility providing a basin, container or outlet with an adequate supply of potable water, soap and single-use towels. Moist towelettes cannot be substituted for soap and water.

“Imminent Health Hazard” means a condition that presents a hazard to the health of a migrant agricultural worker or the worker’s family that includes but is not limited to any one of the following:

•	An ongoing outbreak of an infectious, pathogenic or toxic agent capable of being transmitted;

•	The absence of potable water, supplied under pressure,

•	in a quantity capable of meeting the needs of the facility;

•	The absence of adequate toilet facilities;

•	A backup of sewage into the facility or into equipment containing food or utensils;

•	A n infestation of vermin to the extent that food and food contact surfaces cannot be protected from contamination; or

•	The lack of equipment capable of maintaining the product temperature of all potentially hazardous foods within the camp.

“Migratory Agricultural Labor Housing and Camp” or “Camp” means one or more buildings, structures, trailers, or mobile homes, together with the tract of land pertaining thereto, established, operated or maintained, or used as living quarters for five (5) or more migrant agricultural workers. No tents shall be accepted as living quarters.

“Migratory Agricultural Labor Housing and Camp Operator” or “Camp Operator” means the person who has been granted a permit to operate a migratory agricultural labor camp or the person who arranges or provides housing for migratory agricultural workers.

“Migrant agricultural worker” means an individual who is employed in agricultural employment of a seasonal or temporary nature, and who is required to be absent overnight from his permanent place of residence.

“Permit” means written approval by the Division to operate a camp or field sanitation/hand labor operation. Approval is given in accordance with these Regulations and is separate from any other licensing requirement that may exist within communities or political subdivisions comprising the jurisdiction.

“Person” means an individual, corporation, business trust, estate trust, partnership, limited liability company, association, joint venture, or any other legal or commercial entity.

“Person in Charge” means the owner of the camp or field sanitation/hand labor operation. This individual shall represent the camp at any hearing scheduled pursuant to Section 7.0 of these Regulations. Every migratory agricultural labor housing camps and field sanitation/hand labor operation shall, upon request, provide the Division with the name of their person(s) in charge and how the person in charge can be contacted. A camp operator, hired by the camp owner, cannot be the person in charge.

“Potable Water” means water which is in compliance with all of the required applicable drinking water regulations.

“Shelter” means any building, structure, trailer or mobile home of one or more rooms used for sleeping or living quarters.

“Toilet Facility” means a fixed or portable facility designed for the purpose of adequate collection and containment of the products of both defecation and urination which is applied with toilet paper adequate to employee needs. Toilet facility includes biological, chemical, flush and combustion toilets.

3.0 Preoperational Requirements

3.1 Permits

3.1.1 No person shall operate a migratory agricultural labor housing camp or field sanitation/hand labor operation who does not have a valid permit issued by the Division. Only a person who complies with the requirements of these Regulations shall be entitled to receive or retain a permit.

3.1.2 A valid permit shall be posted in a location easily observed by workers and families.

3.1.3 A permit shall not be transferable from person to person or from location to location.

3.1.4 When a camp or field sanitation/hand labor operation changes ownership, management firm, or lessee, a new permit is required. Both the facility and its operation shall be brought into full compliance with these regulations and the Delaware Building Code prior to the issuance of a permit. A variance may be issued as provided by these Regulations.

3.1.5 When there is new construction or renovations after the adoption of these Regulations, both the facility and its operation shall be brought into full compliance with these Regulations and the Delaware Building Code prior to the issuance of a permit.

3.1.6 Camps that are lawfully in existence and operating at the time of adoption of these regulations shall be permitted to have their use and maintenance continued if the use, maintenance or repair of the physical facility and structure is in accordance with the original design and no hazard to life or health is created by the existing camp.

3.2 Classification of Operational Permits

3.2.1 Annual Permit – a permit issued to a camp or field sanitation/hand labor operation that is in compliance with these Regulations. An annual permit is valid for one calendar year.

3.2.2 Provisional Permit – a permit issued to a camp or field sanitation/hand labor operation that is not in complete compliance with these Regulations. When no health hazards are present in an existing camp or field sanitation/hand labor operation, as determined by the Division, and the owner or operator demonstrates proof of intention to correct, within a specified time period, those items which do not meet permit requirements, a provisional permit may be issued. Plans, as required, and a written statement delineating changes to be made and completion dates must be presented to the Division before a provisional permit shall be issued. A provisional permit is valid for a 30-day period, with possible extension to a maximum of 60 days, and shall be non-renewable. After satisfactory compliance with provisional permit requirements, an annual permit shall be issued.

3.3 Issuance of Permits