Delaware cottage food law for home bakers

The short version

Delaware has no sales cap since December 2023, registration costs $30 a year, and the rule limits where you can sell: direct to a consumer in Delaware, at a farmers market, craft fair or another approved venue, and not online.

If you want to take orders on a website you need a different license than this one.

Registering

The rule is administered by Delaware Division of Public Health; the guide reads 16 Del. Admin. Code 4458A, revised 2023-12-01 (27 DE Reg. 432).

You register with the Division of Public Health before your first sale, with proof of food safety training, and list every product you intend to make; the registration certificate goes on the table at every market. The fee is $30 a year and the Division may inspect.

Where you can sell, and whether online counts

What goes on the label

The statement below goes on every label in at least 10-point type in a colour that contrasts with the background, and the address line is your town or city and Delaware, deliberately not your street.

• The name of the Cottage Food Establishment
• The product name
• Your town or city, followed by Delaware, never the street address
• A phone number or an email address
• Net weight or unit count
• The date of production or a lot number
• Ingredients in descending order by weight
• The food source of each major allergen, unless it is already in the ingredient's name

What you can bake and sell

Only foods that do not need refrigeration to stay safe, and only the ones you listed when you registered. Add a product later by updating the registration first.

• Allowed: Baked goods that are safe at room temperature, each one named on your registration
• Not allowed: Anything that needs time or temperature control for safety: cream or custard fillings, cheesecake

The sales cap

Delaware sets no cap on cottage food sales. It removed its $25,000 cap in the December 2023 revision.

See what your state allows, online orders included, with the cottage food sales cap checker.

What changed

December 1, 2023: Sales cap removed; the label carries town or city instead of a home address.

Questions people ask

Do I need to register to sell cottage food in Delaware?

Yes, Delaware requires registration before the first sale. Register as a Cottage Food Establishment before the first sale; the registration lists each product you will make and is displayed wherever you sell. The fee is $30 a year.

What is the cottage food sales cap in Delaware?

Delaware sets no cap on cottage food sales. It removed its $25,000 cap in the December 2023 revision.

Can I take orders online in Delaware?

No, online orders are not allowed. The handover has to happen in person.

Can I deliver or ship cottage food in Delaware?

The rule does not address delivery. The rule does not address shipping inside the state.

What does my Delaware cottage food label need to say?

The label must say: This food is made in a Cottage Food Establishment and is NOT subject to routine Government Food Safety Inspections

Sources

Laws change; check the linked source before you sell.

• Delaware Administrative Code 4458Aregulations.delaware.gov
• 4458A section 3.0, Registration (Cornell LII mirror)law.cornell.edu
• 4458A section 8.0, Product Requirements (Cornell LII mirror)law.cornell.edu
• Register of Regulations, proposed revision, October 2023archive.regulations.delaware.gov