Delaware Cottage Food Law
A complete guide to cottage food regulations in Delaware (DE) — revenue limits, allowed products, labeling, and permitting requirements.
Requirements & Restrictions
Permitting & Registration
- Food Handler Certification
- Not required
- Business License
- Not required
- State Registration
- Required — Delaware Division of Public Health
Where You Can Sell
- farmer's market
- other approved venue
Allowed Products
- non-time/temperature controlled for safety food
Prohibited Products
- cannabis products
- time/temperature controlled for safety food
Labeling Requirements
The following information must appear on every cottage food product label sold in Delaware:
Additional Notes
1) The gross annual sales cap was REMOVED effective December 11, 2023 (per Final Order published 27 DE Reg. 432, 12-01-23); there is no longer a revenue limit. 2) Labeling requires the cottage food establishment's town/city in Delaware (not the full home address — that requirement was removed effective December 11, 2023). 3) Sesame was added to the list of major food allergens in the same December 2023 amendment, aligning with FDA BIG9. 4) Cannabis products are explicitly excluded/prohibited. 5) Sales must be direct to consumer within Delaware only; no sales through independent retailers or other intermediaries. 6) Registration is required with the Delaware Division of Public Health; annual renewal required; $30 annual fee. 7) Products offered at bake sales or private events (as defined in the Delaware Food Code) are exempt from these regulations. 8) The regulation identifies allowed products only by the functional category 'non-time/temperature controlled for safety food' — no specific product list is enumerated in the text reviewed. 9) Source is 16 DE Admin. Code 4458A, current through Register Vol. 28, No. 6, December 1, 2024 (National Ag Law Center compilation) and the official December 2023 Final Order from archive.regulations.delaware.gov. 10) Inspections may be required. 11) Variance from regulations may be requested through the Delaware Division of Public Health.
Frequently Asked Questions
- What is the annual revenue limit for cottage food businesses in Delaware?
- Delaware does not impose a stated annual revenue limit on cottage food producers.
- Do I need a food handler certification to sell cottage food in Delaware?
- No. Delaware does not require a food handler certification for cottage food producers.
- Is a business license required for cottage food sales in Delaware?
- No. Delaware does not require a business license to operate a cottage food business.
- Does Delaware require cottage food producers to register with the state?
- Yes. Delaware requires cottage food businesses to register with Delaware Division of Public Health.
- Where can I legally sell cottage food products in Delaware?
- In Delaware, cottage food products may be sold at: farmer's market, other approved venue.
- What allergen labeling standard applies to cottage food in Delaware?
- Delaware follows the FDA Big Nine allergen standard for cottage food labeling.
- What products are allowed under Delaware cottage food law?
- The following product categories are permitted for cottage food production in Delaware: non-time/temperature controlled for safety food.
- What products are prohibited under Delaware cottage food law?
- The following products may not be sold under Delaware's cottage food exemption: cannabis products, time/temperature controlled for safety food.