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Can I sell food from home in Delaware?
Delaware cottage food law at a glance
| Home food sales allowed | yes Cottage Food Establishment (CFE) Program, DHSS Division of Public Health; separate On-Farm Home Processing license for farmers (Dept. of Agriculture) |
|---|---|
| Law | 16 Del. Admin. Code 4458A (Cottage Food Regulations); amended 23 DE Reg. 52 (2019) and 27 DE Reg. 432 (Dec 2023) |
| Sales cap | No cap (per secondary source, the Dec 2023 amendment removed the former $25,000 annual limit; not confirmed on an official page) |
| Permit or registration | registration. Registration with DPH Office of Food Protection; $30 annual fee, due after the home kitchen passes a pre-operation inspection (plan review free). Application package: product list, venues, water test (private wells), sewage approval, food safety training certificate (approved course/test), sample labels, packaging, recall plan, floor plan; keep records 3 years. |
| Sell in person | yes |
| Take online orders | no |
| Ship within the state | unverified |
| Ship to other states | no |
| Sell to shops and cafes | no |
| Where you can sell, details | Venues must be listed on the application. Per secondary sources: sales from home, farmers markets, and events, with delivery/pickup allowed; online sales, retail stores, restaurants, wholesale, and interstate sales not allowed. Registration certificate displayed at sales venues. Confirm venue rules with DPH Office of Food Protection. |
yes = allowed; limited = allowed with conditions; no = not allowed; unverified = we could not confirm it from an official source.
What foods can you sell from home in Delaware?
Allowed: Non-potentially hazardous foods approved by DPH: baked goods (breads, cookies, cakes, cupcakes, donuts, muffins, pies, pastries), candy (brittle, fudge, chocolate, cotton candy), jams/jellies/fruit preserves, caramel corn; other items case by case.
Not allowed: TCS/perishable foods; per secondary sources also acidified and low-acid canned foods, pickles, salsas, sauces, nut butters, oils, dried fruits/vegetables, spices, fermented foods, juices, meat jerky.
Label requirements in Delaware
Required statement: This food is made in a Cottage Food Establishment and is NOT subject to routine Government Food Safety Inspections. exact wording from an official source
Other label items: 16 Del. Admin. Code 4458A sec. 8.2: name of the CFE; name of the product; "town/city, Delaware"; phone number or email of the CFE; net weight or unit count; date of production or lot number; ingredients; allergen sources; and the statement above. Labels must be printed in at least 10-point type in a color that contrasts clearly with the label background (sec. 8.2.5).
Selling from home in Delaware? The Cottage Kitchen Toolkit prices your recipes for markets, pre-orders and shops. It scales batches and prints ingredient and allergen labels with Delaware's required statement filled in. It also has this guide for all 50 states and DC. One-time price, and it works offline.
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CFE program started 2016. Dec 2023 regulation amendment (27 DE Reg. 432) reportedly removed the sales cap and home-address label requirement (secondary source only). Official label wording found only in a 2016 DPH form ('This food is made in a CFE and is NOT subject to routine government food safety inspections.'); current regulation wording may spell out 'Cottage Food Establishment'. Farmers may instead use the Dept. of Agriculture On-Farm Home Processing license. Label check (2026-10-25): the exact statement and the 10-point rule were read in the final regulation published at 27 DE Reg. 432 (effective Dec 11, 2023); 23 DE Reg. 52 (2019) has the same wording. No later amendment was found.
Sources
- 27 DE Reg. 432 (Dec 2023), final Cottage Food regulation 4458A official
- Delaware DHSS - Cottage Food Establishment Program official
- Delaware DPH - Application for Registration to Operate a CFE (rev. 2016) official
- Delaware DPH - CFE Information Sheet / plan review (rev. 2016) official
- Forrager - Delaware Cottage Food Law secondary
Last checked: 2026-10-25 · confidence: medium (high = key facts confirmed on an official page; medium = partly confirmed or secondary sources agree; low = a single secondary or outdated source). Summaries are our own wording, not the text of the law.
This page is a research summary, not legal advice. Laws change, and cities and counties can add their own rules. Confirm with your state agency and local health department, using the official sources below, before you sell.