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 is the strictest of the ten on where she can sell: direct to a consumer in Delaware, at a farmers market, craft fair or another approved venue, and not online.

If she wants to take orders on a website she needs 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).

She registers with the Division of Public Health before her first sale, with proof of food safety training, and lists every product she intends 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

The regulation says it in one line: online sales are not permitted, online advertising and marketing are. Sales are direct to consumers in Delaware only, no wholesale, no reseller, at farmers markets, craft fairs, charitable events and other approved venues. The rule does not say anything about delivery or shipping inside the state; ask the Division before you rely on either.

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 her town or city and Delaware, deliberately not her street.

"This food is made in a Cottage Food Establishment and is NOT subject to routine Government Food Safety Inspections"

• The name of the Cottage Food Establishment
• The product name
• Her 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 she listed when she registered. Add a product later by updating the registration first.

• Allowed: Baked goods that are safe at room temperature, each one named on her 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; the $25,000 cap was removed in the December 2023 revision.

Work out how much room you have left this year 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 she will make and is displayed wherever she sells. The fee is $30. $30 a year.

Has the cottage food sales cap in Delaware changed over time?

no cap from December 1, 2023.

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

• 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