Delaware Cottage Food Laws

Delaware regulates home kitchens that sell shelf-stable foods as cottage food establishments, or CFEs, under the Division of Public Health's Cottage Food Regulation, 16 DE Admin. Code 4458A. A CFE needs a $30 annual permit, food safety training and an on-site inspection. Sales must be made directly to consumers in Delaware, and online sales, wholesale and resale are not allowed. Farm owners have a second option through the Delaware Department of Agriculture. This guide covers what you can sell, how you can sell, labeling and when you need a license instead.

Disclaimer: This page is general information, not legal advice. Laws change, and local zoning, HOA and tax rules vary. Confirm current requirements with the Delaware Division of Public Health Office of Food Protection, or with an attorney, before you start selling.

Quick facts

• A CFE permit from the Division of Public Health is required. 16 DE Admin. Code 4458A, 9.1
• The permit costs $30 a year and runs April 1 to March 31. 16 DE Admin. Code 4458A, 3.1.1-3.1.2
• An on-site inspection is required before the CFE is added to the state registry. 16 DE Admin. Code 4458A, 3.3.2
• Only direct sales to consumers in Delaware are allowed, without a retailer or other intermediary. 16 DE Admin. Code 4458A, 3.1.3.1
• Online sales are not permitted, but online advertising and marketing are. 16 DE Admin. Code 4458A, 3.1.3.2
• Wholesale and sales to resellers or food establishments are not permitted. 16 DE Admin. Code 4458A, 3.1.3.3
• No sales cap was found in the regulation. 16 DE Admin. Code 4458A, 3.1

What the law calls it

• Delaware uses "cottage food establishment," or CFE, and "cottage food products," meaning non-time/temperature controlled for safety foods sold directly to consumers "only at a farmer's market or other approved venues." A CFE must be in the producer's permanent, primary residence. 16 DE Admin. Code 4458A, 2.0

Foods you can sell

• Only foods on the approved list the Division of Public Health maintains, and only foods that are not time/temperature controlled for safety. DPH does not publish the list separately, so ask DPH for it before you apply. 16 DE Admin. Code 4458A, 3.2.1-3.2.2; DPH Cottage Food Establishments page
• Baked goods such as cakes, breads, cookies, rolls, muffins, brownies, fruit pies and pastries; jams, jellies and fruit preserves; and candy such as fudge, lollipops, chocolates, tortes, hard candy and rock candy. 16 DE Admin. Code 4458A, 3.2.3-3.2.5

Foods you cannot sell

• Baked goods with components that need time/temperature control, such as cream fillings or meat. 16 DE Admin. Code 4458A, 3.2.3
• Products containing cannabis, including THC or CBD. 16 DE Admin. Code 4458A, 3.2.6
• Any product not listed on your permit. 16 DE Admin. Code 4458A, 3.1.3.4

Sales limit

• No sales cap was found in the Cottage Food Regulation. 16 DE Admin. Code 4458A, 3.1
• The separate On-Farm Home Food Processing program has its own rules, and a proposal exists to amend them. 3 DE Admin. Code 101 (On-Farm Home Food Processing); Proposed On-Farm Home Food Processing amendment, Sept. 2026 Register

Where and how you can sell

• Direct to consumers in Delaware at farmers markets, craft fairs, charitable organization functions and other approved venues. 16 DE Admin. Code 4458A, 3.1.3.4; 16 DE Admin. Code 4458A, 4.1.1.1
• Online: online sales are not permitted. Online advertising and marketing are permitted. 16 DE Admin. Code 4458A, 3.1.3.2
• Shipping: direct sales must move products only within Delaware directly to the consumer, without an intermediary. 16 DE Admin. Code 4458A, 2.0; 16 DE Admin. Code 4458A, 3.1.3.1
• Wholesale: not permitted. 16 DE Admin. Code 4458A, 3.1.3.3

Labeling rules

• Labels must show the CFE name, product name, "town/city, Delaware," the CFE's phone number or email, net weight or unit count and the date of production or lot number. 16 DE Admin. Code 4458A, 8.2.1
• Labels need ingredients by weight, allergen sources and the statement "This food is made in a Cottage Food Establishment and is NOT subject to routine Government Food Safety Inspections" in at least 10-point type. 16 DE Admin. Code 4458A, 8.2.2-8.2.5

Permit and kitchen rules

• The application includes products, ingredients, example labels, a kitchen floor plan, training proof and sales venues. 16 DE Admin. Code 4458A, 3.3.1
• At least one person on site during operation must have passed an approved food safety test. 16 DE Admin. Code 4458A, 5.0
• Private wells need a satisfactory analysis within 60 days of applying. 16 DE Admin. Code 4458A, 3.3.6
• No animals or pets are allowed in the CFE during preparation, packaging or handling. 16 DE Admin. Code 4458A, 7.4
• Batch and sales records must be kept for 3 years. 16 DE Admin. Code 4458A, 8.5
• Display the permit at every venue where you sell. 16 DE Admin. Code 4458A, 4.1.1.1

Zoning, HOAs and local rules

• A CFE permit does not exempt producers from other state, county or local codes. 16 DE Admin. Code 4458A, 3.3.5
• Check your HOA documents, since the Division does not review private covenants.

Inspections

• The Division may conduct preoperational inspections and additional inspections after complaints or illness reports. 16 DE Admin. Code 4458A, 1.6

On-Farm Home Food Processing

• Farm owners may instead get a Delaware Department of Agriculture On-Farm Home Food Processing license for non-potentially hazardous foods made in a home kitchen on the farm. The rule requires an 8-hour Cooperative Extension course and allows sales only at farmers markets, roadside stands or the processor's farm. 3 DE Admin. Code 101 (On-Farm Home Food Processing)
• A proposal exists to amend this program. Proposed On-Farm Home Food Processing amendment, Sept. 2026 Register

When you need a license instead

• Foods that need time/temperature control, online sales, wholesale and sales outside Delaware require a licensed food establishment under the Delaware Food Code. 16 DE Admin. Code 4458A, 1.4; 16 DE Admin. Code 4458A, 3.1.3

Timeline

• July 1, 2019: the current Cottage Food Regulation was published (23 DE Reg. 52). 16 DE Admin. Code 4458A, history
• December 2023: amendments published (27 DE Reg. 432). 16 DE Admin. Code 4458A, history
• May 11, 2026: amendments took effect, changing "registration" to "permit." 16 DE Admin. Code 4458A, order
• Oct. 13, 2026: this page was last reviewed against Delaware regulations.

Frequently asked questions

Do I need a permit to sell cottage food in Delaware?

Yes. You need a CFE permit from the Division of Public Health. Source: 16 DE Admin. Code 4458A, 9.1.

How much does a Delaware cottage food permit cost?

$30 a year. Permits run April 1 to March 31. Source: 16 DE Admin. Code 4458A, 3.1.

Is there a cottage food sales cap in Delaware?

No cap was found in the Cottage Food Regulation. Source: 16 DE Admin. Code 4458A, 3.1.

Can I sell cottage food online in Delaware?

No. Online sales are not permitted, but online advertising is. Source: 16 DE Admin. Code 4458A, 3.1.3.2.

Can I ship cottage food from Delaware?

No. Direct sales must move products only within Delaware directly to the consumer. Source: 16 DE Admin. Code 4458A, 2.0.

Can I sell to stores or restaurants?

No. Wholesale and sales to resellers or food establishments are not permitted. Source: 16 DE Admin. Code 4458A, 3.1.3.3.

Will my kitchen be inspected?

Yes. An on-site inspection is required before you can sell. Source: 16 DE Admin. Code 4458A, 3.3.2.

Can I have pets?

Pets are not allowed in the CFE during preparation, packaging or handling. Source: 16 DE Admin. Code 4458A, 7.4.

What must a Delaware cottage food label say?

Your CFE name, product, town, contact, net weight, date or lot, ingredients, allergens and the required statement. Source: 16 DE Admin. Code 4458A, 8.2.

Do I need food safety training?

Yes. Someone on site must have passed an approved food safety test. Source: 16 DE Admin. Code 4458A, 5.0.

Official sources

• DPH: Cottage Food Establishments
• 16 DE Admin. Code 4458A Cottage Food Regulation (29 DE Reg. 938)
• 3 DE Admin. Code 101 On-Farm Home Food Processing
• Proposed On-Farm Home Food Processing amendment, Sept. 2026

This page is general information, not legal advice. Laws change, and local zoning, HOA and tax rules vary. Confirm current requirements with the Delaware Division of Public Health Office of Food Protection, or with an attorney, before you start selling.