The essentials
Delaware, at a glance
Yes, after obtaining a Cottage Food Establishment permit for approved non-TCS products made in your permanent primary residence.
Delaware removed its old annual gross-sales cap in December 2023. The current permit costs $30 annually, but products and sales channels remain restricted: sales must be direct to Delaware consumers at approved venues.
- Training
At least one employee onsite during operating hours must have passed a test in an Office of Food Protection-approved food-safety program.
View official sources (2)
- 4458A Cottage Food Regulation Delaware government
- Final order removing sales cap and full-address label requirement Delaware government
One step at a time
Your first 2 steps
Prepare a useful application packet
List the products, ingredients and processes you intend to use, with example labels and the types of venues where you plan to sell.
Add a kitchen plan showing appliances, food-contact materials, storage and restroom facilities. Include training evidence and the required application details rather than sending only a business name and menu.
Complete approval before selling
The Division reviews the operation and can conduct preoperational inspections.
Sales begin after the applicable requirements are met and the producer is added to the registry. Keep the permit and approved product list together. The label’s routine-inspection statement does not replace approval or prevent a later complaint investigation.
View official sources (1)
- 4458A Cottage Food Regulation Delaware government
Make what you love
Can you sell what you make?
These are examples. Check the complete recipe, preparation method and sales route before offering a product.
Baked goods and candy
Check the conditionsQualifying cakes, breads, cookies, rolls, muffins, brownies, fruit pies and pastries are recognized categories.
Candy examples include fudge, lollipops, chocolate, hard candy and rock candy. The finished product must be non-TCS and approved for the permit; a familiar product name does not settle the safety of its filling or topping.
Fillings and specialty ingredients
Check the conditionsA finished bakery item containing a component that requires temperature control for safety, such as a cream filling or meat, is outside this route.
Delaware also expressly excludes cannabis ingredients, including THC and CBD. Check the full finished recipe before ordering packaging or promising a new product to customers.
Preserves and requested testing
Check the conditionsJams, jellies and other fruit preserves can qualify when they meet the product requirements and Division approval.
If laboratory testing is required, arranging it is the producer’s responsibility. Do not assume every jarred food belongs to the preserve category, or that one tested recipe covers later ingredient and process changes.
View official sources (1)
- 4458A Cottage Food Regulation Delaware government
From your kitchen to your customers
Where and how you can sell
| Selling method | What matters |
|---|---|
| Farmers markets and approved venues | Direct consumer sales can take place at farmers markets and other approved venues, such as qualifying craft fairs or charitable functions. Describe your intended venues in the application and display the permit where required. An event invitation is useful commercially, but the sales arrangement still needs to fit your permit. |
| Websites and social media | Use your website or social accounts for advertising and marketing. Current Delaware rules prohibit online sales, so do not add a checkout merely because customers will later collect the product locally. Keep published information consistent with the approved in-person sales arrangements and confirm a new fulfillment model with DPH first. |
| Retail stores and resellers | The CFE route excludes wholesale, sales to food establishments and other reseller transactions. It also bars independent retailers or other intermediaries in the direct sale. A shop buying your packaged cookies for its customers is therefore a different business model from selling those cookies directly at an approved market. |
| Delivery and location changes | The core rules require direct Delaware consumer sales without an intermediary and at approved venues. Before offering home pickup, a delivery route or shipping, describe the exact arrangement to DPH and obtain the necessary venue clarification. This guide does not treat advertising permission as blanket permission for every way of delivering an order. |
View official sources (1)
- 4458A Cottage Food Regulation Delaware government
Your label, explained
Every field has a purpose.
Use the example to understand the structure. Follow the Delaware requirements below for your product and sales route.
Your product
name
Your product name and actual net quantity
Your complete recipe and supplier ingredients
CFE name; town or city, Delaware; phone or email
The statement for your state, product and sales route
Packaged cottage food · check product-specific additions
A guide to the fields, not a ready-to-print label. Use your actual product and business details.
Name it. Measure it.
Identify your product and its actual net quantity. Check the state’s formatting and unit requirements below.
Use your actual recipe.
Check every ingredient and supplier label. Use the applicable ingredient and allergen declarations for your product.
Identify your operation.
CFE name; town or city, Delaware; phone or email
Use the wording for your route.
Requirements can differ by product and sales channel. Keep the disclosure, placement and type-size conditions together.
Required cottage statement
Include: “This food is made in a Cottage Food Establishment and is NOT subject to routine Government Food Safety Inspections”.
Delaware’s rule requires the labels to be printed in at least 10-point type with clear contrast against their background. Apply that formatting rule to the label rather than only enlarging the disclaimer.
Business identity and traceability
List the CFE name, product name, town or city followed by Delaware, and a phone number or email.
Include net weight or unit count and either production date or lot number. The current cottage rule uses town/city identification; do not copy an old template that assumes the owner’s full home address is required.
Ingredients and allergens
List ingredients in decreasing order by weight and identify applicable major allergen sources, including sesame.
If the package label is too small for the ingredient list, the rule requires that list to be available on consumer request. Keep the ingredient version aligned with the product being sold and any substitutions made.
The wording for your label
Packaged cottage food · check product-specific additions
This food is made in a Cottage Food Establishment and is NOT subject to routine Government Food Safety Inspections
View official sources (1)
- 4458A Cottage Food Regulation Delaware government
A useful head start
Your Delaware label kit.
Editable template, example label and starting checklist.
Personalize it for your products and business.
Enter your email. Get the files immediately.
Before your first sale
A few details worth getting right.
An example
Planning the first permit year
Delaware’s permit year ends March 31.
A permit first issued partway through the year only covers the remaining portion; it does not automatically give twelve months from issuance. Budget the $30 annual fee and renewal paperwork around that fixed cycle, including any private-well analysis needed for renewal.
An example
Managing growth after the cap removal
The former $25,000 gross-sales ceiling is no longer the governing limit.
Growth still needs to stay within the approved foods, home-kitchen and direct-sales conditions. Expanding into restaurant supply, another production location or online checkout requires a separate review of the business model rather than simply a larger sales total.
Recall records are required
Maintain a current written recall contingency plan and enough product coding to identify affected lots.
Keep distribution records and a record for each batch showing product type, production date, lot number, and sales date and location for three years. These are explicit requirements, so build them into your order and batch records from the beginning.
View official sources (2)
- 4458A Cottage Food Regulation Delaware government
- Final order removing sales cap and full-address label requirement Delaware government
A few more answers
Common questions
Who needs food-safety training?
At least one employee onsite during operating hours must have passed the test in an Office of Food Protection-approved program. The operation also needs appropriate food-safety and allergy-awareness training for people involved. Keep proof with the application file and plan coverage if the usual trained person will be absent.
View sources for this answer (1)
- 4458A Cottage Food Regulation Delaware government
What if the kitchen uses a well?
The private supply needs satisfactory chemical and bacteriological analysis before permitting. Tests within sixty days of the initial or renewal application are accepted under the rule. Individual sewage disposal requires DNREC approval. Arrange these checks early; having cleanable counters alone does not resolve the water and wastewater conditions.
View sources for this answer (1)
- 4458A Cottage Food Regulation Delaware government
How should production be organized?
Keep only necessary people in preparation, storage and warewashing areas during operation, and exclude animals while preparing, packaging or handling food. Provide cleanable preparation and dry-storage areas without carpeting. Use proper handwashing, sanitizing and utensils to prevent bare-hand contamination of ready-to-eat products.
View sources for this answer (1)
- 4458A Cottage Food Regulation Delaware government
Keep it handy
Your first-sale checklist
Use this free checklist to keep track of your next steps. The conditions in this guide still apply.
0 of 2 completed · Restoring progress…
Official guidance
Sources, updates & your next step
Use the DPH cottage program page
Start with the current Cottage Food Establishment Program page for the application, rule and training materials. If your plan needs a variance, the rule directs written requests to the Office of Food Protection at 43 South DuPont Highway, Dover, DE 19901. Keep any approved variance with the operating documents.
Official sources 3 references
- 4458A Cottage Food Regulation →
Delaware government · Reviewed September 14, 2026
- Final order removing sales cap and full-address label requirement →
Delaware government · Reviewed September 14, 2026
- DPH Cottage Food Establishment Program →
Delaware government · Reviewed September 14, 2026
Guide updates September 14, 2026
Reviewed Delaware’s product eligibility, sales routes, starting requirements and label guidance against the official sources below. Current conditions and any dated changes are explained in the relevant sections of this guide.
View sources for this update (2)
- 4458A Cottage Food Regulation Delaware government
- Final order removing sales cap and full-address label requirement Delaware government
This guide is a starting point. Confirm requirements for your products and location with the relevant authority. Examples are illustrative and are not a compliance approval.