As used in this subchapter, the following definitions shall apply:

(1) “Buyer” means both the actual and prospective purchaser of a home food service plan, but does not include persons purchasing for resale.

(2) “Contract” means all of the collective written or oral agreements between a seller and a buyer relating to the purchase of a home food service plan, except promissory notes or other financing agreements.

(3) “Food item” means each edible product sold as part of a home food service plan, including, but not limited to, each constituent part or kind of meat cut from a primal source, each kind of whole poultry or poultry part, seafood products and other like products.

(4) “Home food service plan” means a plan of food items or food items in combination with non-food items and/or service offered by the seller for profit and for sale in the consumer’s home, whether or not a membership fee or similar charge is involved. Sales of immediately consumable food items, “Meals on Wheels” or similar programs, “fund-raising efforts” and meals prepared in the consumer’s home by another are not within the definition of a “home food service plan.”

(5) “Item price” means the price of a food or non-food item sold as part of a home food service plan, computed to the nearest tenth of 1 cent when less than $1.00 and to the nearest cent when $1.00 or more. The item price, exclusive of any service charge(s), shall be expressed in terms of the price per unit of weight, measure or count set forth in “Uniform Unit Pricing Regulation” in the current edition of National Institute of Standards and Technology Handbook 130.

(6) “Non-food item” means each inedible product sold as part of a home food service plan, including, but not limited to, paper products, health and beauty products, detergents, cleaners and disinfectants, rolls of wrapping and like products. The term does not include food items and durable consumer goods such as appliances.

(7) “Primal source” means the following cuts:

a. For beef, the primal sources are the round, flank, loin, rib, plate, brisket, chuck and shank;

b. For veal and lamb or mutton, the primal sources are the leg, flank, loin, rack (rib) and shoulder; and

c. For pork, the primal sources are the belly, loin, ham, spareribs, shoulder and jowl.

(8) “Seller” means any person, partnership, corporation or association, however organized, engaged in the sale of a home food service plan.

(9) “Service charge” means the total price for any additional features, services and processing associated with the purchase of a home food service plan, whether stated in terms of membership fees or otherwise.

70 Del. Laws, c. 450, § 1.