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Can I sell food from home in Delaware?

AllowedNo online ordersShipping: unverifiedNo store sales
Yes. Delaware lets you make certain foods at home and sell them, under the Cottage Food Establishment (CFE) Program, DHSS Division of Public Health; separate On-Farm Home Processing license for farmers (Dept. of Agriculture). You must register before you sell. There is no state sales cap.
Not legal advice. 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.

Delaware cottage food law at a glance

Home food sales allowedyes Cottage Food Establishment (CFE) Program, DHSS Division of Public Health; separate On-Farm Home Processing license for farmers (Dept. of Agriculture)
Law16 Del. Admin. Code 4458A (Cottage Food Regulations); amended 23 DE Reg. 52 (2019) and 27 DE Reg. 432 (Dec 2023)
Sales capNo cap (per secondary source, the Dec 2023 amendment removed the former $25,000 annual limit; not confirmed on an official page)
Permit or registrationregistration. 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 personyes
Take online ordersno
Ship within the stateunverified
Ship to other statesno
Sell to shops and cafesno
Where you can sell, detailsVenues 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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Notes

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

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.

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