Delaware Cottage Food Law 2026
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Limit: Unlimited / Year
⚠️ Important Disclaimer
CottageFoodLicense.com is an informational platform, not a law firm. The information provided by our AI Checker, templates, and guides does not constitute legal advice. Cottage food laws change frequently. You must verify all information with your local health department before selling products.
Allowed
- ✓Baked goods (cakes, breads, cookies, rolls, muffins, brownies, fruit pies, pastries)
- ✓Jams, jellies, and other fruit preserves
- ✓Candy (fudge, lollipops, chocolates, tortes, hard candy, rock candy) — non-TCS only
- ✓Condiments and dry goods
- ✓Certain snacks (non-TCS)
Prohibited
- ✕Any time/temperature-control-for-safety (TCS) food
- ✕Bakery items with cream, custard, meat, or other TCS fillings
- ✕Cheesecake and dairy products requiring refrigeration
- ✕Meat, poultry, and fish products
- ✕Low-acid canned goods and acidified foods without process authority
- ✕Cannabis-infused foods (explicitly excluded)
Labeling Protocols
01Producer's name, phone number, and email (home street address no longer required as of Dec 2023)
02Common or usual name of the product
03Complete ingredient list in descending order of predominance
04Allergen disclosure (Big 9)
05Net weight or unit count
06Date of production
07Statement (10-pt min, contrasting color): 'This food is made in a Cottage Food Establishment and is NOT subject to routine Government Food Safety Inspections'
FAQs
Is there a sales cap?
No. Delaware eliminated the $25,000 annual gross-receipts cap when 16 DE Admin. Code 4458A was amended on December 1, 2023 (27 DE Reg. 432). There is no longer a revenue limit on CFE sales.
Do I need a license and a kitchen inspection?
Yes. You must register as a Cottage Food Establishment with the DPH Office of Food Protection, pay the $30 annual fee, complete a state-approved food safety course, and pass a pre-operational home kitchen inspection before you can sell. Inspections are not optional.
Can I sell online or ship products?
No. You may advertise online, but the actual sale transaction must occur in person. All shipping is prohibited — both in-state and out-of-state — and you cannot sell through e-commerce checkouts. Sales are limited to direct, face-to-face transactions at your home, farmers' markets, and special events inside Delaware.
Are pets allowed in the kitchen?
No animals or pets may be present in the cottage food establishment during preparation, packaging, or handling of any cottage food product (16 DE Admin. Code § 4458A).
What exact disclaimer must appear on every label?
Every product label must carry, in at least 10-point type with clear contrast: 'This food is made in a Cottage Food Establishment and is NOT subject to routine Government Food Safety Inspections.' As of December 2023, your home street address is no longer required on the label, but your name, phone, and email are.
What Comes Next
After You Verify Compliance: Your Next 4 Steps
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- 01
Liability Shield
Form an LLC
Separating your personal finances from your cottage food business protects your home and savings if a customer ever brings a claim. Both providers below file in all 50 states and handle registered agent service for Delaware.
- 02
Protect Your Kitchen
Get Product Liability Insurance
A single allergy incident or contamination claim can erase years of profit. FLIP (Food Liability Insurance Program) is built specifically for cottage food operators — flat-rate annual policies with farmers market and online sales coverage included.
- 03
Required in Delaware
Complete Food Safety Training
Delaware requires a recognized food safety certification before you can sell. Learn2Serve offers an ANSI-accredited course you can complete online in a few hours.
- 04
Production Ready
Set Up Your Kitchen and Labels
The right thermometers, storage containers, scale, and label printer turn a home kitchen into a compliant production space. Our Week 11 equipment guide walks through what we use and the Delaware-specific labeling fields you'll need.
Official Sources
Verify current requirements directly with the state:
At a Glance
Permit Fee
$30
$30 annual registration fee per state fiscal year (April 1 – March 31). Pre-operational home kitchen inspection and a state-approved food safety course are also required at no separate state fee.
Renewal
Annual (state fiscal year ending March 31)
Shipping