Delaware cottage food laws
$30 a year, no sales cap after 2023, but in-person sales only and no shipping.
Delaware's Cottage Food Establishment (CFE) program is run by the Division of Public Health's Office of Food Protection. After a December 2023 update, there is no annual sales cap for non-farm CFEs, registration is $30 a year, and bakers can sell a wide range of shelf-stable foods. Sales must be direct, in-person, and within Delaware: no shipping or online checkout is allowed.
Delaware cottage food, quick facts.
How the Delaware cottage food law actually works.
Delaware's cottage food rules sit in 16 Del. Admin. Code 4458A and are administered by the Delaware Division of Public Health (DPH), Office of Food Protection. The program covers Cottage Food Establishments (CFEs) operating from a residential kitchen. There is also a separate, parallel On-Farm Home Processing track for farm-direct producers, which still keeps a $50,000 cap.
Delaware updated the CFE rule in December 2023 and eliminated the previous $25,000 annual gross-sales cap for non-farm cottage operations. Today, an approved CFE has no state-level sales cap. The trade-off is that Delaware retains some of the strictest sales-channel rules in the Northeast: no shipping by USPS, UPS, FedEx, or any common carrier; no online checkout; no wholesale; and no out-of-state sales. Producers may advertise online and take orders, but the actual transfer of product must be a direct, in-person, end-consumer sale at the producer's home or at an approved venue like a farmers market or special event.
Operators must register annually with DPH, pay a $30 fee per fiscal year (April 1 to March 31), complete an approved food safety training course, submit sample labels and a complete product list, and submit a floor plan showing prep areas, storage, and restroom facilities. DPH inspects the home kitchen before approval and may revisit. The registered CFE certificate must be displayed at any sales venue.
Delaware's allowed-foods list covers most non-TCS, shelf-stable foods (baked goods, candies, jams, jellies, dry mixes). Cream-cheese frostings, custards, fermented foods, and acidified products (other than basic high-acid jams) are not permitted. Labels must include a specific home-kitchen disclaimer, full ingredients, and allergen information.
Allowed and prohibited foods.
- Cookies, brownies, biscotti, bars
- Cakes and cupcakes (without cream or cream-cheese fillings)
- Breads, rolls, biscuits, muffins, scones
- Fruit pies and other non-TCS pies
- Candies, fudge, brittles, caramels, chocolate confections
- Jams, jellies, fruit butters, preserves (high-acid)
- Granola, snack mixes, dry mixes, popcorn
- Roasted coffee beans, dry tea blends, herbs and spice rubs
- Maple syrup and honey from your own production
- Vinegars, dehydrated fruits and vegetables
- Cheesecakes, custard pies, cream pies, meringue pies
- Cream cheese frostings and refrigerated fillings
- Pickles and acidified foods (require process authority approval)
- Fermented products like kimchi or sauerkraut
- Meat, poultry, fish, and shellfish products
- Low-acid canned foods (vegetables, soups)
- Fresh juices and refrigerated beverages
Delaware's CFE list focuses on non-TCS, shelf-stable foods. For acidified or fermented foods you need a separate license. The On-Farm Home Processing program is a different track with its own rules and a $50,000 cap.
Sales channels for Delaware cottage bakers.
- Sales must be direct, in-person, end-consumer transactions in Delaware.
- Online order-taking is fine, but online checkout and any form of carrier shipping is prohibited.
- Wholesale and out-of-state sales require a separate license and a licensed kitchen.
Label every product, exactly like this.
Made in a Cottage Food Establishment that is not subject to Delaware's food safety regulations.
- Sample labels must be submitted with the registration application; DPH reviews them as part of approval.
- Confirm exact disclaimer wording with the Office of Food Protection before printing in volume.
- The CFE certificate itself must be displayed at every in-person sales venue.
How much can you earn under Delaware cottage law?
After a December 2023 rule change, Delaware does not impose an annual gross-sales cap on non-farm Cottage Food Establishments. The previous $25,000 cap is gone. Note that the separate On-Farm Home Processing program retains a $50,000 cap for farm-direct producers, so check which track applies to you.
Food safety training in Delaware
Every CFE applicant must complete a state-approved food safety training course before applying. ServSafe Food Handler and StateFoodSafety food handler courses are commonly accepted. Save your certificate; you submit it with the application and on each renewal.
Registration, permits, and inspections in Delaware
Apply to DPH's Office of Food Protection by submitting the CFE registration application, $30 fee, sample labels, complete product list, floor plan of your kitchen, and your food safety training certificate. DPH inspects the kitchen before approval. Registration runs on a fiscal year (April 1 to March 31) and must be renewed annually. Display the CFE certificate at any sales venue.
How to start a cottage bakery in Delaware.
- 01Confirm your products are eligibleStick to non-TCS, shelf-stable foods on Delaware's allowed list. Acidified and fermented foods require different licensing.Delaware DHSS: Cottage Food Establishment Program →
- 02Complete a state-approved food safety courseTake an approved food safety training course (ServSafe Food Handler or equivalent). Save your certificate for the application.ServSafe Food Handler →
- 03Apply to DPH and pay the $30 feeSubmit the CFE registration application, food safety certificate, sample labels, complete product list, and floor plan. Pay the $30 annual fee.Delaware Administrative Code 4458A (Cottage Food Regulations) →
- 04Pass your kitchen inspectionDPH inspects your home kitchen against the CFE standards. Address any items they flag.
- 05Build a compliant label templateInclude the home-kitchen disclaimer plus all standard label elements. Use one reusable template per product.
- 06Set up your storefront and pickup workflowCakery gives you a free bakery page at cakerybakeries.com/your-bakery. Add menu, pricing, lead times, and pickup details. Remember Delaware requires the actual transfer of product to be in person.Create a free Cakery page →
A few things Delaware bakers should know.
- Delaware eliminated the $25,000 cottage food sales cap in December 2023. There is no cap on a non-farm CFE today.
- Delaware still does not allow shipping or online checkout for cottage food. Sales must be direct, in-person, in Delaware.
- Delaware runs registration on a fiscal year (April 1 to March 31). Plan your renewal around that calendar, not the calendar year.
- The On-Farm Home Processing program is a separate track with its own rules and a $50,000 cap. Check which one applies to you.
- Delaware sales tax: Delaware does not impose a state sales tax, but a gross receipts tax may apply to some businesses. Confirm with the Division of Revenue.
Bookmark these for Delaware baking.
Official agency resources
Statute and rules text
Helpful resources for bakers
Recent and upcoming changes in Delaware.
- December 1, 2023Delaware updated 16 Del. Admin. Code 4458A and eliminated the $25,000 annual gross-sales cap for non-farm Cottage Food Establishments. The On-Farm Home Processing program retains a $50,000 cap.
Delaware cottage food FAQ.
Do I need a license to bake from home in Delaware?
Is there still a sales cap?
Can I ship cottage food in Delaware?
Can I sell my cottage food to a Delaware coffee shop or grocery store?
Are decorated cakes and cupcakes allowed?
Do I need food safety training?
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