Delaware Cottage Food Laws: How to Legally Sell Homemade Foods From Your Kitchen

Dream of turning your homemade breads, cookies, or jams into a side business in Delaware? Thanks to the state’s cottage food law, you can do just that—without a commercial kitchen or costly permits. But there are important details every home food entrepreneur should know before getting started. Here’s your easy-to-understand, up-to-date guide to Delaware cottage food laws, including what you can sell, where you can sell it, and how to stay legal and safe.

What Are Delaware’s Cottage Food Laws?

Delaware’s cottage food law allows residents to make and sell certain “non-potentially hazardous” foods from their home kitchens, directly to consumers. The rules are managed by the Delaware Department of Health and Social Services (DHSS), specifically the Division of Public Health. The law was updated in 2016 and is considered one of the friendlier cottage food programs in the Mid-Atlantic.

What Foods Can You Sell Under Delaware Cottage Food Law?

Only low-risk foods that do not require refrigeration for safety can be sold under the law. Here are some examples:

Baked goods (breads, cookies, cakes, muffins, scones, brownies, pies—no cream or custard pies)
Jams, jellies, fruit preserves (using high-acid fruits only)
Candies, toffee, fudge, nut brittles, caramels
Granola, trail mix, popcorn, roasted nuts, snack bars
Dried herbs and seasonings, spice blends
Honey, maple syrup

Not allowed: Anything requiring refrigeration for safety, including fresh salsas, dairy products, eggs (except as a baked-in ingredient), meat or fish, low-acid canned goods, pickles, or home-canned vegetables. If you have to keep it cold or hot to keep it safe, it’s not legal under Delaware’s cottage food law.

Who Can Become a Cottage Food Producer?

You must produce all foods in your home kitchen (not in a rented commercial space or shared-use kitchen).
You must be a resident of Delaware.
If you rent your home, you’ll need written permission from your landlord.
Your water source must be tested if you’re not on public water.

How to Get Started: Permits and Requirements

Food safety training: You must complete a state-approved food safety course, such as ServSafe or equivalent.
Apply to the Division of Public Health: Submit the application, include proof of training, and details on the foods you plan to make.
Annual permit fee: As of 2024, the fee is $30 per year.
Home kitchen inspection: Your kitchen will be inspected before approval. You must keep pets, children, and non-food items out during production. You may be reinspected if there are complaints.
Permit renewal: Cottage food permits are valid for one year and must be renewed annually.

Labeling Requirements

Every package or container must be clearly labeled with:

Name and address of the cottage food business
Name of the product
Ingredients in order by weight
Allergen information (wheat, milk, eggs, soy, peanuts, tree nuts, etc.)
Net weight or volume
The statement: “This food is made in a home kitchen and is not subject to routine government food safety inspection.”
Date of production

Where Can You Sell Cottage Foods?

Direct to consumers at your home (pickup by appointment), farmers markets, community events, roadside stands, fairs, or through direct delivery in Delaware.
Online for in-state customers only—no shipping out of state.

No wholesale or resale: You cannot sell your products to restaurants, grocery stores, or other retailers for resale.

Sales Limits

Delaware sets a gross sales limit of $25,000 per year for cottage food businesses. If your business grows beyond this, you’ll need to move into a commercial kitchen and obtain a full food establishment license.

Food Safety and Inspections

Keep your kitchen clean, free of pets and personal items during production.
Follow all safe food handling practices: wash hands, sanitize work surfaces, use clean utensils and storage.
Be prepared for spot inspections or complaint investigations by DHSS.

Taxes and Local Business Rules

You must report cottage food sales as income for tax purposes. Depending on your city or county, you may need a local business license and be required to collect and remit sales tax. Always check with your local government.

Common Mistakes to Avoid

Selling foods that require refrigeration or aren’t on the approved list
Missing or incorrect labeling (especially allergen info and the “not subject to inspection” statement)
Skipping the food safety training or failing to renew your permit
Selling to stores or restaurants, or shipping out of state
Letting pets or children in the kitchen during food production

Resources and Where to Learn More

Final Thoughts: Homegrown Business, Delaware Style

Delaware’s cottage food law is a great entry point for passionate home bakers and makers to test their products and grow a following, all while staying legal and safe. Just stick to the approved foods list, keep your kitchen clean, follow labeling rules, and remember—every big food business started small!