Delaware Cottage Laws

Delaware's comprehensive cottage food laws: what you need to know to start your home-based food business

Delaware's journey to cottage food laws has been unique – and recently, much more entrepreneur-friendly! While the state was initially restrictive, allowing only farmers to sell homemade foods, significant changes in 2016 opened the door for all residents. Even better, major improvements in December 2023 removed the sales limit and simplified labeling requirements. This guide will walk you through everything you need to know to start your legal cottage food business in the First State.

Delaware's Cottage Food Evolution

Delaware's cottage food story is one of gradual expansion and recent breakthrough improvements. For over a decade, only farmers could sell homemade foods under the state's On-Farm Home Processing regulations (which still exists as a separate program). In September 2016, Delaware expanded opportunities with new regulations that allowed any resident to start a “Cottage Food Establishment” (CFE) from their home kitchen.

The most exciting development came in December 2023, when Delaware made two game-changing improvements:

1. Removed the $25,000 sales limit (which was tied for the lowest in the nation)
2. Eliminated the requirement to include your home address on labels

These changes transformed Delaware from one of the most restrictive cottage food states to a much more business-friendly environment.

What Are Cottage Food Laws?

Delaware's Cottage Food Establishment (CFE) Program allows you to prepare and sell certain non-potentially hazardous foods directly from your home kitchen. These laws are designed to protect public health while providing opportunities for small food entrepreneurs to start businesses without the massive expense of commercial kitchens.

The key concept is “non-potentially hazardous” – foods that don't require time or temperature controls for safety and are unlikely to spoil quickly or harbor dangerous bacteria at room temperature.

What Foods Can You Make and Sell?

Delaware allows a good variety of shelf-stable foods that don't require refrigeration. Here's what you can typically make:

Baked Goods

• Breads, rolls, and bagels
• Cookies, brownies, and bars
• Cakes and cupcakes (without cream or custard fillings)
• Muffins, biscuits, and scones
• Sweet breads and pastries
• Fruit pies (but not cream or pumpkin pies)
• Wedding cakes
• Donuts and cake pops
• Crepes (if shelf-stable)

Confections and Sweets

• Hard candies and lollipops
• Fudge and chocolates
• Rock candy and toffee
• Macarons (if properly made)
• Tortes (without cream fillings)

Preserved Foods

• Jams, jellies, and preserves
• Fruit butters
• Certain condiments and sauces (shelf-stable only)
• Granola and trail mix

What You CAN'T Make

Delaware prohibits potentially hazardous foods, including:

• Bakery items with cream, custard, or meat fillings
• Fresh salsas or cut vegetables
• Dairy products (unless used as ingredients in approved baked goods)
• Beverages
• Foods requiring refrigeration
• Pet foods

Important Note

Delaware doesn't maintain a comprehensive “approved” list, and you can apply for a variance to sell additional items not specifically mentioned. If you're unsure about a product, contact the Delaware Department of Health and Social Services before investing time and money.

Step-by-Step: How to Get Started

Delaware requires one of the most comprehensive registration processes of any state, but don't let that discourage you – the thorough approach helps ensure food safety and protects both you and your customers.

Step 1: Complete Food Safety Training

Delaware requires completion of an approved food safety course before you can register. Options include:

• ANAB-accredited food handler courses (like FoodSafePal) – typically available online for $10-15
• ServSafe Food Handler certification
• Other state-approved food safety training programs

Step 2: Gather Required Documentation

Before applying, you'll need to prepare extensive documentation:

Product Information:

• Complete list of all products you plan to sell
• Complete ingredient lists for each product
• Sample labels for every product
• Information about where you plan to sell (farmers markets, events, etc.)

Kitchen Plans:

• Detailed floor plans of your kitchen and processing areas
• Identification of all appliances you'll use
• Location of food contact surfaces
• Areas designated for refrigeration and dry goods storage
• Restroom facility locations

Water Testing (if applicable):

• If you have well water, submit a recent water test from an approved lab
• Must demonstrate water is safe to drink

Step 3: Apply for Registration

Submit your application to the Delaware Department of Health and Social Services with:

• Completed application form
• $30 registration fee
• All required documentation
• Proof of food safety training completion

Important: Registration must be renewed annually on April 1st, regardless of when you initially registered.

Step 4: Pass Home Kitchen Inspection

Delaware requires a state inspection of your home kitchen before you can start selling. The inspector will verify:

• Your kitchen meets sanitary conditions
• Equipment is properly maintained
• Storage areas are appropriate
• Your setup matches your submitted floor plans
• You understand food safety practices

Step 5: Additional Business Setup

While waiting for approval:

• Check with your municipality about business licenses
• Register for Delaware business taxes
• Consider getting liability insurance (highly recommended)
• Create your required disclaimer signage

Labeling Requirements: What Must Be on Every Product

Delaware has detailed labeling requirements. Every product must include:

Required Information:

• Name of your Cottage Food Establishment
• Product name
• Your name, phone number, and email
• Net weight or unit count
• Date of production/lot number
• Complete ingredient list in descending order by weight
• Allergen information as required by federal law
• Required disclaimer: “Made in a home kitchen not inspected by the Department of Agriculture or Department of Health and Social Services”

Special Labeling Notes:

• If your label is too small for all ingredients, the list must be available upon request
• You no longer need to include your home address (removed in 2023!)
• Hand-written labels are acceptable if clearly legible

Where and How Can You Sell?

Delaware allows several sales methods but with important restrictions:

Where You CAN Sell:

• From your home
• At farmers markets
• At special events and fairs
• At community events
• Direct sales to consumers

Sales and Marketing Rules:

• Online advertising is allowed – you can promote your products on websites and social media
• No online sales – all transactions must be in-person
• Direct sales only – cannot sell to stores, restaurants, or other businesses for resale
• Must display your registration at all sales venues
• In-state sales only – no interstate commerce

Major 2023 Improvement: No Sales Limit!

The biggest game-changer: Delaware removed the $25,000 annual sales limit in December 2023. You can now earn unlimited income from your cottage food business!

Special Considerations for Delaware

Kitchen Requirements

• Home kitchen only – cannot use commercial kitchens, outbuildings, or shared spaces
• No domestic activities during food production – cannot prepare family meals, do dishes, or laundry while making cottage foods
• Pets restricted – no pets allowed in kitchen during food production
• Primary residence only – kitchen must be in your main home

Record Keeping

Delaware likely requires detailed record keeping for:

• Production dates and batch information
• Sales records and customer information
• Ingredient sources and suppliers

Recall Contingency Plan

Delaware may require you to have a written plan for handling potential food recalls, including:

• How you'll contact customers
• Steps for retrieving products
• Documentation procedures

The Registration Process: What to Expect

Delaware's comprehensive registration process might seem daunting, but it's designed to set you up for success:

Application Review

The state will thoroughly review your:

• Product recipes and ingredients
• Kitchen layout and equipment
• Labeling plans
• Food safety knowledge

Inspection Process

The home inspection will verify:

• Sanitary conditions
• Proper equipment maintenance
• Adequate storage
• Understanding of food safety practices

Ongoing Compliance

• Annual registration renewal (April 1st)
• Maintain food safety training currency
• Keep detailed production records
• Display registration at sales venues

Farmers Have Additional Options

If you're a farmer in Delaware, you have two pathways:

Regular Cottage Food Establishment

• Same rules as non-farmers
• No sales limit (as of 2023)
• Home or farmers market sales

On-Farm Home Processing License

• Available only to farmers
• Allows broader range of products (including maple syrup, dried fruits, herbs, honey, popcorn)
• $50,000 annual sales limit
• Can sell at farm, farmers markets, or roadside stands on/near farm
• May be easier to set up than regular cottage food registration

Common Beginner Mistakes to Avoid

1. Starting without registration – Delaware requires registration and inspection before any sales
2. Incomplete application – missing documentation will delay approval
3. Inadequate kitchen preparation – ensure your kitchen meets all sanitary requirements before inspection
4. Selling online – advertising online is allowed, but actual sales must be in-person
5. Using wrong kitchen – must use your primary residence kitchen only
6. Forgetting annual renewal – registration expires April 1st every year

Recent Improvements Make Delaware More Attractive

The December 2023 changes transformed Delaware's cottage food landscape:

Before 2023:

• $25,000 annual sales limit (tied for lowest in nation)
• Home address required on all labels
• Very restrictive program

After 2023:

• No sales limit – unlimited earning potential!
• No home address requirement – better privacy protection
• Much more entrepreneur-friendly environment

Getting Help and Resources

State Contacts:

• Delaware Department of Health and Social Services
• Office of Food Protection: (302) 744-4546
• Address: 417 Federal Street, Dover, DE 19901

For Questions:

• Call (302) 744-4546 before applying
• Contact your local Health Department for additional guidance
• Remember: your taxes pay their salaries – they work for you!

Ready to Start Your Delaware Cottage Food Business?

Delaware's cottage food laws now offer real opportunities for food entrepreneurs. While the registration process is thorough, the recent removal of sales limits and address requirements makes Delaware much more attractive for serious cottage food businesses.

Key Takeaways:

• $30 annual registration fee (renewable April 1st)
• No sales limit since December 2023
• Comprehensive registration process with home inspection
• Direct sales only within Delaware
• No online sales, but online advertising allowed
• Food safety training required

Your Next Steps:

1. Take an approved food safety course
2. Prepare detailed documentation and floor plans
3. Apply for registration with $30 fee
4. Schedule and pass home kitchen inspection
5. Start selling legally with proper labeling

Delaware's cottage food community is growing, and with the recent improvements, there's never been a better time to turn your culinary passion into profit in the First State!

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Disclaimer: This information is for general guidance only. Cottage food laws can change and individual situations vary. Always verify current requirements with the Delaware Department of Health and Social Services before starting your cottage food business. Contact them at (302) 744-4546 for the most up-to-date information.