Cottage Food Laws by State
Delaware Cottage Food Laws
Delaware runs its cottage food program through the Division of Public Health as a registration permit. You apply, pay $30 a year, show proof of food safety training, and can expect an on-site inspection of your home kitchen before you are added to the state registry. The regulation sets no sales cap.
Permit
Required
Training
Required
Home inspection
Yes
Online sales
Not allowed
Across state lines
Not allowed
Wholesale
Not allowed
Verified against official sources on 2026-10-21.
Where You Can Sell in Delaware
Sales must go straight from you to the consumer inside Delaware, typically at farmers markets, craft fairs, charity functions, or other venues the Division approves. Online sales, wholesale, and sales through resellers are not allowed, though you may advertise online. Display your registration where you sell and keep batch and sales records for three years.
| Channel | Status |
|---|---|
| Farmers markets |
Conditions apply
Direct sales to consumers within Delaware only; display your registration at the market. |
| Events & festivals |
Conditions apply
Craft fairs, charitable organization functions, or other venues approved by the Division; bake sales and members-only private events are outside the regulation. |
| Online orders |
Conditions apply
Online advertising and marketing are allowed, but online sales are not. |
| Retail stores | Not allowed |
| Wholesale | Not allowed |
| Restaurants | Not allowed |
What You Can Sell in Delaware
Only non-hazardous foods that appear on the Division's approved list and on your own registration are allowed. The regulation names baked goods like cakes, breads, cookies, and pies, jams and fruit preserves, and candy such as fudge and chocolates. Anything with cream, meat, or other time and temperature controlled components is out, as is anything containing cannabis.
Only non-TCS foods on the Division's approved list and your registration: baked goods, jams, jellies and fruit preserves, and candy.
Bread
Candy
Preserves
Allowed with conditions
- Candy — Final product must not be a time/temperature controlled for safety (TCS) food.
- All products — Must appear on the Division's approved list and on your registration.
Not allowed
Limits and Requirements
Annual sales cap
- Registration permit required each year; operating without one can lead to immediate closure
- Direct sales to consumers within Delaware only, with no independent retailer or intermediary
- Online sales are not permitted
- No wholesale or sales to resellers or food establishments
- Must be made in a home-style kitchen in your permanent, primary residence
- May only make the products listed on your registration
- Keep batch and sales records for 3 years
Local rules: Registration does not exempt you from other state, county, or local codes. Check zoning and local requirements.
How to Start Selling in Delaware
-
1
Complete food safety training
Pass a test in a food safety program approved by the Office of Food Protection; at least one person on site must have done so.
-
2
Prepare your application
Include contact and ownership details, products and ingredients, sample labels, a kitchen floor plan, proof of training, and intended venues, with a signed attestation.
-
3
Test private well water if applicable
Homes on a private well must provide a satisfactory water test.
-
4
Pay the $30 fee and pass inspection
Apply to the Division of Public Health; after the on-site inspection you are added to the state registry and may begin selling.
-
5
Label and sell at approved venues
Use the required label wording and display your registration at farmers markets and other venues.
-
6
Renew each year
Registrations expire March 31; submit a new application and fee annually.
What a Compliant Delaware Label Looks Like
Quickly Cottage builds your ingredient list, detects allergens, and adds the required disclosure automatically.
Product
Ingredients
Chocolate Cake Pops
Net Wt: 8 oz (227g)
Produced: October 23, 2026
Sunflower Home Bakery
Permit #CF-10293
Springfield, DE
(555) 010-0142
Ingredients:
Enriched Bleached Flour (Wheat Flour, Niacin, Iron, Thiamin Mononitrate, Riboflavin, Folic Acid), Sugar, Cocoa (Processed with Alkali), Leavening (Baking Soda, Sodium Aluminum Phosphate, Monocalcium Phosphate), Corn Starch, Salt, Soybean Oil; Sugar, Unsweetened Chocolate, Cocoa Butter, Milkfat, Soy Lecithin, Vanilla; Sugar, Corn Starch, Vegetable Oil (Palm), Confectioner's Glaze, Carnauba Wax, FD&C Colors; Water, Propylene Glycol, FD&C Red 40.
Contains:
This food is made in a Cottage Food Establishment and is NOT subject to routine Government Food Safety Inspections.
Label Requirements
Every cottage food product sold in Delaware must have a label that includes the following.
| Required field |
|---|
| All 9 FDA major allergens present |
| Complete ingredient list, in descending order by weight |
| Business name |
| Product name |
| Net weight |
| City name |
| Permit number |
| Date of production |
| Phone number |
| "Not inspected" disclosure statement |
Delaware Labeling Notes
- Type must be at least 10-point in a color that contrasts clearly with the label background.
- If the label is too small for ingredients, the list must be available to consumers on request.
- Packaging that touches food must be food grade.
Required Label Disclosure
This exact text must appear on every label you sell in Delaware.
This food is made in a Cottage Food Establishment and is NOT subject to routine Government Food Safety Inspections.
Quickly Cottage adds this to your label automatically.
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Ingredient lists, allergens, and the required disclosure — built in automatically.
Delaware Cottage Food — Common Questions
Register with the Division of Public Health as a Cottage Food Establishment; the permit costs $30 per year and runs April 1 to March 31.
The limit is in gross sales.
At least one person on site during operating hours must pass a food safety test from a program approved by the Office of Food Protection; proof is submitted with the application.
Online sales are not allowed. Online advertising and marketing are allowed, but online sales are not.
Not allowed: Bakery items with TCS components such as cream filling or meat; Any TCS food; Products containing cannabis.
Resources and Law History
Who to contact
Delaware Division of Public Health, Health Systems Protection
302-744-4951
Agency website2016
Cottage food regulation adopted (20 DE Reg. 176).
2019
Regulation amended (23 DE Reg. 52).
2023
Regulation amended (27 DE Reg. 432), effective December 1, 2023.
2026
Division proposed revisions on permit guidelines and style edits (February 2026 Register; comments closed March 3, 2026).
Law reference: Delaware Cottage Food Law (16 Del. Admin. Code 4458A Cottage Food Regulations) · Last updated 2026 · Always verify requirements with your state's department of agriculture before selling.
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