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Cottage food laws · DE
Selling homemade food in Delaware
Delaware requires an application, plan review, home-kitchen inspection, and an 8-hour food safety course before you can sell non-perishable foods like baked goods and preserves. There's no statewide sales cap, but all sales must happen in person inside Delaware — online/mail-order sales are not allowed.
Program
Delaware Cottage Food Law
Registration
Application + plan review with the Delaware Division of Public Health ($30 fee, renewed annually each April 1); requires a passing home-kitchen inspection and an 8-hour food safety training course; private well/septic testing if applicable
Annual sales cap
No statewide sales cap for Cottage Food Establishments (the prior $25,000 cap was repealed in Dec. 2023); Delaware's separate On-Farm Home Processing program still caps at $50,000
Online sales
Restricted
You can sell
- Baked goods without cream/custard fillings
- Candy & confections (brittles, fudge, chocolate)
- Jams, jellies & marmalades (preserves)
- Other limited non-perishable, shelf-stable items
You can't sell
- Low-acid canned goods and vinegar-brined vegetables, salsas & sauces
- Nut butters, oils & dried produce/herbs/spices/tea
- Fermented foods & juices
- Meat, poultry, meat jerky & dairy-based products
Where you can sell
- Direct in-person sales from home
- Farmers markets & events
- Home pickup and delivery
Selling online
Online advertising is allowed, but online/mail-order sales and shipping (including across state lines) are banned; all sales must be completed in person within Delaware
What your labels must include
- Business name & address
- Ingredient list
- Allergen declaration
- Net weight
- "This food is made in a Cottage Food Establishment and is NOT subject to routine Government Food Safety Inspections" statement (min. 10-point type)