Cottage food laws in Delaware

The limits

Sales cap

None for standard Cottage Food Establishments (the state's separate On-Farm Home Processing program carries its own $50,000 cap, which is a distinct program)

You can sell

Non-time/temperature-control-for-safety (non-TCS) foods only, including traditional baked goods (cakes, breads, cookies, rolls, muffins, brownies, fruit pies, pastries) without cream fillings or meat components; jams, jellies, and other fruit preserves with an equilibrium pH of 4.6 or below or water activity of 0.85 or below; and candy products (fudge, lollipops, chocolates, caramel corn, nuts, hard candy)

You cannot sell

All Time/Temperature Control for Safety (TCS) foods, including anything requiring refrigeration; baked goods with cream fillings or meat components; products containing cannabis

Getting set up

Permit / registration

Yes — annual registration with the Division of Public Health, including floor plans, product details, proof of training, and a signed compliance statement; a preoperational kitchen inspection is required before beginning sales

Cost

$30.00 annual registration fee

Training

Yes — at least one person on-site during operating hours must have passed a food-safety proficiency test as part of a program approved by the Office of Food Protection

Kitchen inspection

Yes — a preoperational inspection is required before a CFE may begin selling, with additional inspections possible in response to complaints or suspected foodborne illness

Labeling

Establishment name, product name, location, contact information, net weight/unit count, production date/lot number, and full ingredient list; label must also state: "This food is made in a Cottage Food Establishment and is NOT subject to routine Government Food Safety Inspections"

Where you can sell

Permitted venues

Direct sales only, to consumers, at a farmers market or other approved venue

Online sales

No — online sales are not permitted, though online advertising and marketing are allowed

Delivery in state

Delaware cottage food establishments may only sell directly to the consumer within Delaware, in person, at approved venues (e.g., farmers markets, craft fairs, charitable-organization functions). Online/internet sales transactions are explicitly not permitted (though online advertising and marketing are allowed), and wholesale or reseller distribution is also prohibited. The regulation does not authorize mail delivery or shipping of any kind — all sales must be direct, in-person transactions within the state.

Shipping out of state

No — Cottage Food Establishments are only permitted to engage in direct sales with consumers within the State of Delaware

The fine print

Statute

16 Del. Admin. Code § 4458A ("Cottage Food Regulations"), adopted under 16 Del. C. § 122

Recent changes

Multiple secondary sources report that Delaware's prior $25,000 annual sales cap for standard Cottage Food Establishments was removed in regulatory revisions around 2023; this is consistent with the absence of any sales cap in the current regulation text reviewed. Confirm the exact amendment date directly with the Delaware Division of Public Health / Delaware Register of Regulations.

Notes

Delaware's main DHSS cottage food program page (dhss.delaware.gov) returned limited content to automated fetch; regulation-text details above come from the state's official Administrative Code archive. Delaware is notably restrictive on sales channel (no online sales, farmers-market/approved-venue-only, in-state only) despite having no revenue cap. No MEHKO-style program was identified for Delaware. ---