Cottage food laws · Delaware
Selling homemade food in Delaware
Delaware keeps it to one path, run by the state: a Cottage Food Establishment permit from the Division of Public Health. You take a food-safety course, apply with your recipes and a kitchen floor plan, and the state inspects your home kitchen once before you open. The permit is $30 a year, there’s no cap on what you earn, and you can make shelf-stable baked goods, jams, and candy. Two things to know up front: it’s in-person, direct-to-neighbor sales inside Delaware only — no online orders, no shipping, no selling to stores — and it’s shelf-stable foods only (no cheesecake — that needs refrigeration). Here’s the whole picture, in plain English.
Verified against 16 DE Admin. Code 4458A and the DPH application form
Last checked June 13, 2026 — every section links its sources.
A friendly guide, not legal advice — we’re not lawyers. Always confirm the details with your own city and state before you sell.
The 2-minute version
Three cards, the whole story. Everything below is detail — with the official sources linked, so you never have to take our word for it.
One state permit
Delaware has exactly one homemade-food path — a Cottage Food Establishment permit from the Division of Public Health. Take an approved food-safety course, apply with your recipes, labels, and a kitchen floor plan, and you’re on your way. It’s $30 a year, with no limit on what you can earn.
Your kitchen gets inspected
Before you can sell, the state visits your home kitchen for a one-time, pre-operational inspection — and only after you pass it are you added to the state registry and allowed to start. There’s no routine schedule after that, but that first inspection is a real gate you have to clear.
In person, in Delaware only
This is the part that surprises people: a Delaware CFE sells in person, direct to consumers, inside Delaware only. No taking the sale through a website, no mailing orders, and no selling to shops or restaurants. You can advertise online — you just can’t sell or ship through it.
One way to sell — and the state runs it
In shortMost of what trips people up about Delaware is that there’s one path and the state runs it. Your county or town doesn’t issue this permit; the Division of Public Health’s Office of Food Protection does, under the Cottage Food Regulations (16 DE Admin. Code 4458A).
A Cottage Food Establishment, in the state’s words, is a place “where food items are made in a home-style kitchen for sale to and consumption by consumers” — and a home-style kitchen has to be in your permanent, primary residence.
The whole shape of the path
- Make shelf-stable (non-TCS) cottage food products — nothing that needs refrigeration to stay safe — in your own home kitchen
- Take a food-safety course approved by the Office of Food Protection and pass its test
- Apply to the Division of Public Health with your product and ingredient list, example labels, a floor plan of your kitchen, and the venues where you’ll sell
- Pass a pre-operational kitchen inspection — only after that on-site visit are you added to the state registry and allowed to start
- Pay the $30 permit (due at inspection/approval, and again at each annual renewal)
- Sell in person, direct to neighbors, inside Delaware — farmers markets, craft fairs, charitable events
Pick this path if: you’re making shelf-stable foods at home and selling them in person to neighbors inside Delaware.
The licensed-establishment path
Anything past the cottage line — refrigerated (TCS) foods like cheesecake, selling online or by mail, supplying shops or restaurants — moves you to a licensed food establishment under the Delaware Food Code, with commercial requirements. There’s no in-between tier: the CFE permit has no wholesale option and no compliant way to ship.
Pick this path if: you want refrigerated foods, online sales or shipping, grocery shelves, or restaurants.
One word changed in 2026: Delaware used to call this a “registration”; as of May 11, 2026 the rule calls it a “permit” throughout — same $30, same foods, same channels, same label. You’ll still see “registration” on the state’s 2016 application form and on some legal-reference sites that haven’t updated; it’s the same thing.
Sources: 16 DE Admin. Code 4458A · 29 DE Reg. 938 (2026 rename) · DPH application form
Where you can sell
In shortIn person, direct to consumers, inside Delaware — and the regulation draws the lines tightly. No online sales, no shipping, no wholesale. This is the part that surprises people, so it’s worth being clear.
In person, direct to your neighbors — at “farmers markets, craft fairs, charitable organizations, or other approved venues/functions where cottage foods are sold.” You list the venue types on your application, and the Division approves them.
Inside Delaware only. “Direct sales” is defined as moving products only within the State of Delaware directly to the consumer. Nothing crosses state lines.
No online sales. The rule is explicit: “Online sales are not permitted.” You can advertise and market online — you just can’t take the sale through a website.
No shipping. The rule doesn’t use the word “shipping,” but the combination — online sales banned, sales defined as in-state and direct, no intermediary — leaves no compliant way to mail orders. Treat Delaware as an in-person, hand-to-hand state, and confirm with the Office of Food Protection before you build anything around delivery.
No wholesale or reselling. “Wholesale or other sales to resellers or food establishments are not permitted by a CFE.” A shop or restaurant can’t carry your products under this permit.
Selling from your own porch. The rule names farmers markets, craft fairs, and charitable functions, and otherwise says “other approved venues” — it doesn’t spell out whether your own home or porch counts. Because venues are approved through your application, this is a question to put to the Office of Food Protection when you apply. We won’t tell you a porch pickup is automatically allowed when the rule doesn’t say so — ask, and list it on your application.
The permit doesn’t cover everything else. Holding a CFE permit “does not exempt producers or a CFE from other state, county or local codes” — so local zoning and any state business-licensing rules still apply on their own terms.
Sources: 16 DE Admin. Code 4458A §3.1.3
What you can sell
In shortThe rule behind the list: a cottage food product has to be non-TCS — shelf-stable, no refrigeration needed to stay safe — and on the approved list the Division maintains. Baked goods, jams, and candy are spelled out in the rule itself.
Allowed (shelf-stable)
The regulation names these by category — they’re spelled out in the rule itself and are safe:
- Cakes, breads, cookies & rolls
- Muffins & brownies
- Fruit pies & pastries
- Jams, jellies & fruit preserves
- Fudge & chocolates
- Lollipops
- Hard candy & rock candy
One honest gap — the “approved list.” The rule says products are “limited to those listed on the approved list maintained by Division,” but that list isn’t published anywhere we could find online. The categories above (baked goods, jams, candy) come straight from the rule and are safe. For anything outside them — granola, dry mixes, spice blends, roasted coffee, bottled drinks — ask the Office of Food Protection rather than assume; the rule defines “beverage” but never expressly allows or bans one.
Not allowed
- Anything needing refrigeration
- Cheesecake
- Cream-filled pastries & custards
- Bakery items with meat or cream fillings (TCS)
- Cannabis in any product
Cheesecake test: fail. Cheesecake is a TCS (refrigerated) food, so it can’t be made under a Delaware CFE permit — the same goes for cream-filled pastries and custards. The rule puts it plainly: “Bakery items which as a finished product contain components (such as cream filling, meat, etc.) which meet the definition of TCS are not allowed.” Refrigerated and cream-filled items mean the licensed-food-establishment route, not the cottage path.
Sources: 16 DE Admin. Code 4458A §3.2
The rules that actually matter
In shortA state permit, not a local one. Your kitchen is inspected once before you open — then there’s no routine schedule. You need food-safety training. $30 a year, no sales cap. Shelf-stable only, with home-kitchen conditions the inspection checks.
- It’s a state permit, not a local oneThe Office of Food Protection issues it; counties and towns don’t run a separate cottage process (though local zoning still applies).
- Your kitchen gets inspected before you openDelaware does a pre-operational on-site inspection — the Division checks that your kitchen is built and equipped to match your permit application and that your procedures are in place. Only after that on-site inspection are you added to the registry and allowed to start selling. After you’re open, the rule names follow-up inspections only for complaints or illness reports — there’s no fixed routine schedule, which is exactly why the label says “not subject to routine inspections.”
- You need food-safety trainingAt least one person who’s on-site during your hours of operation has to show proficiency in food safety by passing a test that’s part of a program approved by the Office of Food Protection — proof of completion goes in your application.
- $30 a year, no sales capThe permit fee is “$30 per CFE,” and there’s no revenue limit — Delaware removed its old $25,000 annual cap in December 2023.
- Home-kitchen conditions the inspection checksThe kitchen must be in your permanent, primary residence. No animals or pets in the establishment during the preparation, packaging, or handling of cottage food products. No carpet in food-prep or dry-storage areas. Open windows or doors for ventilation need 16-mesh screens. At least 50 foot-candles of light where you work with food. Any refrigeration must hold 41°F or below, and a restroom with running water, soap, and paper towels must be available. On a private well, you need passing chemical and bacteriological water tests (within 60 days of your application); private septic needs DNREC approval; public water and sewer need no further evaluation.
- Keep records and a recall planYou keep batch and distribution records for three years and maintain a written recall plan.
Sources: 16 DE Admin. Code 4458A §§3, 5, 7, 8 · 27 DE Reg. 432 (cap removed)
Getting set up
In shortThere’s one real permit, a course, an application, and a kitchen inspection. The sequence runs course → application → water/sewage → inspection → fee → registry.
- Take an approved food-safety course and pass the testDelaware’s listed providers include the University of Delaware Cooperative Extension, Delaware Technical & Community College, Delaware State University’s Center for Enterprise Development, and the Delaware Restaurant Association (ServSafe and similar) — the Office of Food Protection keeps the current list. Course pricing is set by the provider, not the state, so we don’t quote a figure.
- Fill out the CFE application for the Division of Public HealthIt asks who you are and your business-entity type; your products, ingredients, processes, and example labels; a floor plan of your home kitchen (appliances, food-contact surfaces, refrigeration and dry storage, restroom); the venue types where you’ll sell; and a signed attestation. Plan review is required for new construction or a conversion — there’s no fee for it.
- Sort out water and sewageOn a private well, get the chemical and bacteriological tests done (accepted if within 60 days of your application); private septic needs DNREC approval; public water and sewer are fine as-is.
- Get your kitchen ready and pass the pre-operational inspectionThe Division visits and checks your kitchen against the facility rules — no carpet in prep or storage, pets out during production, screens, lighting, refrigeration at 41°F or below, a proper restroom.
- Pay the $30 permit feeDue when you’re inspected and approved, payable to “State of Delaware,” and again at each annual renewal.
- Once you’re on the registry, start sellingDisplay your permit at every venue, make only the products listed on your permit, keep your batch and distribution records for three years, keep a written recall plan, and renew each year (a new application and fee).
That’s it. One note: the permit doesn’t exempt you from other state, county, or local codes — check local zoning for running a business from home, and confirm any state business-license requirement separately; the cottage rule doesn’t resolve that one.
Sources: 16 DE Admin. Code 4458A · DPH application form · CFE training providers · CFE plan-review info
Labels
In shortEvery product is labeled in at least 10-point type in a contrasting color: your CFE’s name, the product name, your town/city and Delaware (no street address), a phone or email, net weight or count, a production date or lot number — plus ingredients, allergens, and one exact sentence.
Delaware cottage food label
- Name of the Cottage Food Establishment — your operation’s name (not a bare individual’s name)
- The name of the product
- “town/city, Delaware” — your town or city and the state, not your full street address (Delaware dropped the full-address requirement in December 2023)
- A phone number or email of the CFE
- Net weight or unit count
- Date of production or lot number
- Ingredients in decreasing order by weight (if the label’s too small to fit them, the list has to be available on request)
- Major food allergens named — milk, eggs, fish, tree nuts, wheat, peanuts, soybeans, and sesame — unless the allergen is already part of the ingredient’s common name
- The exact required statement below, in at least 10-point type in a color that clearly contrasts with the background
About that required sentence: your kitchen is inspected once, before you open — so why does the label say “NOT subject to routine … inspections”? Because the disclaimer is about routine, ongoing inspection, which cottage products don’t get; the one-time pre-opening inspection is a separate gate. Both are true at once. Print the sentence exactly as the rule writes it — it’s fixed, not paraphrasable.
Sources: 16 DE Admin. Code 4458A §8.2 · 27 DE Reg. 432 (label change)
What changed recently
In shortDelaware’s cottage rule is regulation-driven — it changes through the Division of Public Health’s rulemaking, not the General Assembly. Two recent amendments set today’s shape: a 2023 expansion, and a 2026 rename.
- December 11, 2023 — the expansion that defines today’s regime27 DE Reg. 432 removed the $25,000 annual sales cap, added sesame as a major allergen, replaced the owner-name-and-full-home-address label line with just “town/city, Delaware” (a privacy win for home sellers), and banned cannabis in products.
- May 11, 2026 — a rename, nothing more29 DE Reg. 938 renamed “registration” to “permit” throughout 4458A, plus technical Style-Manual edits. The final order is explicit that no substantive changes were made — the $30 fee, the allowed foods, the channel limits, and the labels all stayed the same; no public comments were received. The only thing that changed is the word. If you see “registration” on the state’s 2016 application form or on a third-party legal site, it’s the same permit described here.
Sources: 27 DE Reg. 432 (Dec 2023) · 29 DE Reg. 938 (May 2026)
Common questions
- Who issues the permit — my county or the state?
- The state — Delaware’s Division of Public Health, Office of Food Protection, runs the one Cottage Food Establishment permit. There’s no separate county or town cottage process, though local zoning still applies.
- What does it cost?
- $30 a year for the permit (plan review is free), plus whatever your food-safety course provider charges. The state doesn’t set the course price.
- Do they really inspect my kitchen?
- Yes — Delaware does a pre-operational on-site inspection of your home kitchen, and you can’t start selling until you’ve passed it and been added to the state registry. After you open there’s no routine schedule, but that first inspection is a real gate.
- Can I sell cheesecake from home in Delaware?
- No — cheesecake is a refrigerated (TCS) food, and only shelf-stable (non-TCS) foods are allowed. Cream-filled pastries and custards are out for the same reason.
- Can I sell online or ship my products?
- No. “Online sales are not permitted,” and the permit covers in-person, in-state, direct-to-consumer sales only — there’s no compliant way to ship. You can advertise and market online; you just can’t take the sale or mail the order through it.
- Can a store or restaurant carry my baked goods?
- No — “wholesale or other sales to resellers or food establishments are not permitted” under the cottage permit. Selling to shops means a licensed food establishment instead.
- Is there a limit on how much I can earn?
- No — Delaware removed its $25,000 cap in December 2023, and the current rule sets no revenue limit.
- Is it a “registration” or a “permit”?
- A permit — Delaware renamed it from “registration” effective May 11, 2026. Older state forms and some legal sites still say “registration”; it’s the same thing.
- Do I need food-safety training?
- Yes — at least one person who’s on-site during your hours has to pass a test in a program approved by the Office of Food Protection; you submit proof with your application.
- What goes on the label?
- Your Cottage Food Establishment name, the product name, “town/city, Delaware,” a phone or email, net weight or unit count, a production date or lot number, ingredients by weight, allergens, and the required statement: “This food is made in a Cottage Food Establishment and is NOT subject to routine Government Food Safety Inspections.” No full street address needed — town/city and state is enough.
- Can my kid run a porch bakery?
- There’s no minor exemption, so an ongoing kid’s porch bakery runs under the same CFE permit as anyone’s. A school, church, or charity bake sale, though, is exempt — no permit needed — which is usually the easiest path for a kid’s fundraiser.
You won’t be doing this alone
7 home bakeries and porch shops are already selling across Delaware. Browse their pages and learn from people two steps ahead of you — what they sell, how they price, how they talk about their bread. Cottage bakers are famously generous with what they’ve learned, and most are a DM away on Instagram.
This page is educational, not legal advice — we’re not lawyers, just neighbors who read Delaware’s official sources and wrote down what they say (every claim above links to its source). A few details aren’t spelled out in the published rule — the Division’s “approved products” list isn’t posted online, and the rule doesn’t say whether your own porch counts as an approved venue or whether you need a separate state business license — so confirm those with the Office of Food Protection before you rely on them. Always double-check the details with your own city and state before you sell. When something here and the law disagree, the law wins; if you spot that happening, tell us and we’ll fix it.