Cottage Food Laws in Delaware (2026)
Complete guide to Delaware's cottage food laws: No cap (unlimited, removed December 2023) annual limit, registration required, and in-person sales only.
Delaware is one of the more restrictive states. Mandatory health department kitchen inspection before operations begin. Requires an 8-hour food safety course ($175). Must maintain product records for 3 years. Must have a recall contingency plan. Private well/sewer testing required within 60 days of registration. All sales must be direct, face-to-face, within Delaware.
Quick Facts for Delaware
Annual Sales Limit
No cap (unlimited, removed December 2023)
Registration/Permit
Required — Must register with the Delaware Division of Public Health, Office of Food Protection. Annual fee of $30, renewed April 1st. Registration must be displayed at sales venues.
Kitchen Inspection
Yes — inspection required
Food Handler Certification
Yes — food safety course required
Online Sales
No — in-person sales only
Legislation: 16 Del. Admin. Code 4458A (initial September 2016; amended April 2019; sales limit removed December 2023)
What You Can Sell in Delaware
Allowed Products
- Breads and rolls
- Cakes, cookies, and cupcakes
- Pastries and donuts
- Candy, brittles, and fudge
- Chocolate confections
- Jams, jellies, and marmalades
Not Allowed
- Perishable baked goods requiring refrigeration
- Low-acid canned foods
- Nut butters
- Pickles, salsas, and sauces
- Dried fruits and vegetables
- Meat jerkies
- Fermented foods
- Juices
Where You Can Sell in Delaware
Labeling Requirements in Delaware
Every product you sell must include these on the label:
How to Start a Cottage Food Business in Delaware
Verify your products are allowed
Delaware allows specific non-potentially-hazardous foods. See the allowed products list above. If your product isn't listed, check with Delaware Department of Health and Social Services, Division of Public Health, Office of Food Protection.
Complete required food safety training
Delaware requires a food handler certification or food safety course. These are typically available online for $10-$30.
Register with your state
Must register with the Delaware Division of Public Health, Office of Food Protection. Annual fee of $30, renewed April 1st. Registration must be displayed at sales venues.
Set up proper labeling
Delaware requires specific label elements on every product. See the labeling requirements section above for the exact list.
Start selling
Begin selling at approved venues in Delaware. Track your sales to stay within the No cap (unlimited, removed December 2023) annual limit.
Need more help?
Ask our AI assistant about Delaware's specific cottage food requirements, labeling rules, and selling venues.
Chat with AI AssistantCottage food laws change frequently. This guide is for informational purposes only. Always verify current requirements with Delaware's department of agriculture or health department before starting a cottage food business.