Cottage Food Laws in Delaware
Last verified against official sources on by Amrit. How we verify
Yes, but you must register first. Delaware lets you make baked goods, jams, jellies and candy that don't need to be kept cold or hot, in the kitchen of the home where you live. Before you start, someone who will be on site while you operate must pass a food safety test, your kitchen must pass an inspection, and you pay a $30 yearly fee to the Division of Public Health. You can only sell directly to customers in Delaware, at places like farmers markets and craft fairs. There is no sales limit, but online sales and selling to stores or restaurants are not allowed.[1][2]
At a glance
| Permit needed | Yes. Register as a Cottage Food Establishment with the Division of Public Health, after a kitchen inspection.[1] |
|---|---|
| Fee | $30 a year[1] |
| Sales cap | None (the old $25,000 limit was removed in December 2023)[2] |
| Training | Someone who has passed a food safety test from a program the Office of Food Protection approves must be on site during your hours of operation[1] |
| Foods allowed | Only foods on the Division's approved list, and only foods that don't need to be kept cold or hot. The rules name baked goods, jams, jellies and fruit preserves, and candy.[1] |
| Label statement | "This food is made in a Cottage Food Establishment and is NOT subject to routine Government Food Safety Inspections"[1] |
| Where you can sell | Directly to customers in Delaware, at farmers markets, craft fairs, charity events or other approved venues. Not to stores, restaurants or anyone who resells.[1] |
| Online and shipping | No online sales. You can advertise online.[1] |
| Agency | Delaware Division of Public Health, Office of Food Protection[1] |
Step by step
Do these in order. Each step links to the official form or page.
Check that your food is allowed
You can only make foods that don't need to be kept cold or hot to stay safe (the rules call them non-TCS foods, short for "time/temperature control for safety"), and only items on the Division's approved list. The rules name baked goods (listing cakes, breads, cookies, rolls, muffins, brownies, fruit pies and pastries); jams, jellies and other fruit preserves; and candy such as fudge, lollipops, chocolates and hard candy. Baked goods with fillings that need to be kept cold, such as cream filling or meat, are not allowed, and nothing may contain cannabis. The kitchen must be in your permanent, primary home.[1]
Pass a food safety test
At least one person who has passed a food safety test from a program approved by the Office of Food Protection must be on site during your hours of operation. Proof of the training goes with your application.[1]
Get your kitchen ready
Food prep and dry storage areas need smooth, easy-to-clean surfaces and no carpet. Keep pets out while you make, pack or handle food, and any fridge you use must keep food at 41°F or below. You need a bathroom with running water, soap and paper towels. If your water comes from a private well, you need a satisfactory water test before you can be registered (a test within 60 days of applying is accepted). If your home is on a septic system, the Department of Natural Resources and Environmental Control (DNREC) must approve it before you start.[1]
Apply to the Division of Public Health
The application lists every product you will make with its ingredients, sample labels, a floor plan of your kitchen showing appliances, work surfaces, storage and the bathroom, your training certificate, and where you plan to sell. You can only make the products listed on your registration.[1]
Pass the kitchen inspection and pay the fee
The Division inspects your kitchen. Once everything is approved, including the inspection, you are added to the state's registry of cottage food establishments and can start selling. The fee is $30 a year. Your first registration lasts from the day it is issued until March 31; after that each registration runs April 1 to March 31. To renew, you send a new application and the $30 fee each year.[1]
Label every item
Each label needs your business name, the product name, your town or city followed by "Delaware", a phone number or email, the net weight or count, the date made or a lot number, the ingredients from most to least by weight, the food source of any major allergen (milk, egg, fish or shellfish, tree nuts, wheat, peanuts, soybeans or sesame), and the required statement. If the label is too small for the ingredients, you must give the list to any customer who asks. Print it in at least 10-point type in a color that stands out from the background.[1]
Sell directly and keep records
Sell straight to customers in Delaware, with no store or other middleman in between, and display your registration certificate wherever you sell. Keep a record of each batch (product, date made, lot number, and when and where you sold it) for 3 years, and keep a written recall plan.[1]
What you can and can't sell[1]
Allowed
- Baked goods (the rules list cakes, breads, cookies, rolls, muffins, brownies, fruit pies and pastries)
- Jams, jellies and other fruit preserves
- Candy such as fudge, lollipops, chocolates and hard candy
- Only items on the Division's approved list, and only the ones on your registration
Not allowed
- Anything that needs to be kept cold or hot to stay safe
- Baked goods with fillings that need to be kept cold, such as cream filling or meat
- Products containing cannabis
Local rules
These places add their own requirements on top of the state rules.
- All Delaware counties and towns: State registration does not exempt you from other state, county or local codes, such as local plumbing codes. Check with your town or county before you start.[1]
What it costs
| Step | Fee |
|---|---|
| Pass the kitchen inspection and pay the fee | $30 (per year) |
| Total if every fee applies to you | $30 |
Recent changes
- : Amendments to the cottage food regulations took effect. They removed the $25,000 yearly sales cap, dropped the owner's name and full home address from labels (the label now shows the town or city in Delaware), and added sesame to the major food allergens.[2]
Frequently asked questions
Can I sell my baked goods online or ship them?
No online sales. You can advertise online, but every sale must be made directly to a customer in Delaware, so you cannot ship out of state.[1]
Can I sell to a coffee shop, store or restaurant?
No. Selling wholesale or to anyone who resells the food is not allowed. You must sell to customers yourself.[1]
Is there a limit on how much I can earn?
No. Delaware removed its $25,000 yearly sales cap in December 2023.[2]
Do I have to put my home address on the label?
No. Since December 2023 the label shows your town or city and "Delaware", plus a phone number or email.[2][1]
Can I sell cheesecake or cream pies?
No. Cottage food must not need to be kept cold or hot, and baked goods with fillings that need refrigeration, such as cream filling, are specifically not allowed.[1]
Do I need to register for a bake sale?
Usually not. The rules exempt food offered at "bake sales" and at private events as the Delaware Food Code describes them. A private event is one limited to members of an organization or otherwise closed to the general public. Other sales to the public need a registration.[1]
Will someone inspect my kitchen?
Yes. The Division inspects your kitchen before you can start selling, and can inspect again after a complaint or a report of foodborne illness.[1]
I live on a farm. Is there a different program?
Yes. The Delaware Department of Agriculture runs a separate On-Farm Home Processing permit for farm owners who make foods that are not potentially hazardous in their farm kitchen. Those foods can only be sold at farmers markets the Department recognizes, on the farm, or at a roadside stand on or near the farm. Before the permit, you take the University of Delaware On-Farm Food Safety Training or ServSafe training and pass the written test, and pass a kitchen inspection. You apply and pay every year.[4][5]
Sources
- 16 DE Admin. Code 4458A, Cottage Food Regulations, Delaware Registrar of Regulations. Checked October 25, 2026. Read on the archive.regulations.delaware.gov copy of the Administrative Code (last updated November 29, 2023). Delaware moved to a new regulations system in May 2025; check the live code before verifying.
- 27 DE Reg. 432 (12/01/23): Final order amending 4458A Cottage Food Regulations, Delaware Department of Health and Social Services, Division of Public Health. Checked October 25, 2026. Read on the archive.regulations.delaware.gov copy of the Register of Regulations.
- 16 Del. C. § 122: Powers and duties of the Department (Title 16, Chapter 1, Subchapter II), Delaware General Assembly. Checked October 25, 2026.
- On-Farm Kitchens, Delaware Department of Agriculture. Checked October 25, 2026.
- 3 DE Admin. Code 101, On-Farm Home Processing of Non-Potentially Hazardous Foods, Delaware Registrar of Regulations. Checked October 25, 2026. Read on the archive.regulations.delaware.gov copy (last updated December 12, 2018); check the live code before verifying.
Related
- Cottage Food Laws in Maryland
- Cottage Food Laws in New Jersey
- Cottage Food Laws in Pennsylvania
- Cottage Food Laws by State
This page is general information, not legal advice. Rules and fees change. Before you apply or start selling, confirm the details with Delaware Division of Public Health, Office of Food Protection or your local health department. Spotted something wrong or out of date?Report it and we will check it.