Cottage Food Laws by State
Delaware Cottage Food Laws
Delaware removed its annual cap in 2023 but still requires a mandatory kitchen inspection. Despite no revenue cap, it is one of the more restrictive programs due to the inspection requirement.
Annual cap
No cap
Permit required
Yes
Venues
3
Last updated
2026
What You Can Sell
The following product types are permitted under the Delaware cottage food law.
Baked Goods
Permitted- Cakes and cupcakes
- Cookies and brownies
- Muffins and quick breads
- Yeast breads and rolls
- Fruit pies (cream and custard pies require refrigeration and are not permitted)
- Cake pops and dipped treats
- Donuts and pastries
Candies and Confections
Permitted- Chocolates and fudge
- Hard candies and lollipops
- Toffee and caramel (shelf-stable)
- Cake truffles
Preserved and Dry Goods
Permitted- Jams, jellies, and preserves
- Honey and honeycomb
- Dried herbs and spices
- Roasted nuts and trail mix
- Granola and cereal
- Popcorn and flavored popcorn
- Dried pasta (no egg)
Beverages
Permitted- Coffee (roasted or ground, not brewed)
- Dry tea blends
What You Cannot Sell
These product types are not covered by the Delaware cottage food law and require a commercial kitchen license.
- Meat, poultry, and seafood products
- Dairy products (milk, cheese, butter)
- Items requiring refrigeration (cream pies, cheesecakes)
- Alcoholic beverages
- Fruit and vegetable juices
- Canned low-acid vegetables
Where You Can Sell
Delaware permits cottage food sales at the following venues.
Direct from your home
Farmers markets
Community events
Direct consumer sales at community events are permitted.
Annual Sales Cap
No cap
No annual revenue cap. Cap removed 2023. Kitchen inspection still required.
Permit and Registration
A permit or registration is required
Requires a mandatory kitchen inspection. One of the most restrictive programs in the country despite having no revenue cap.
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: August 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 |
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.
Generate your Delaware label in minutes
Ingredient lists, allergens, and the required disclosure — built in automatically.
Delaware Cottage Food — Common Questions
No. Delaware does not require any permit or license for cottage food producers.
Delaware's annual cap is $25,000 in gross revenue.
Yes. Farmers markets are a permitted venue for Delaware cottage food sellers.
You can take orders online, but all sales must be completed in person. Carrier shipping is not permitted.
Law reference: Delaware Cottage Food Law (Delaware Code, Title 16, Section 3301) · Last updated 2026 · Always verify requirements with your state's department of agriculture before selling.
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