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Cottage food laws

Delaware Cottage Food Law

Can you sell homemade food from your home kitchen in Delaware? Here are the sales cap, allowed foods, where you can sell, and the point where you must move into a licensed commercial kitchen.
Educational summary, not legal advice — cottage food rules change; confirm with the state before you sell.
Program
Cottage Food Operation
Annual sales cap
No cap
Where you can sell
Direct/in-personFarmers marketsHome pickupEvents
Registration / to start
Register with Division of Public Health; $30 annual fee (fiscal year ending March 31)
Allowed foods
Non-TCS bakery items (cakes, breads, cookies, muffins, brownies, fruit pies, pastries), condiments, dry goods, jams/jellies, fudge, chocolates, hard candies
Not allowed
TCS/refrigerated foods, meat, low-acid canned goods; cannabis explicitly excluded
When you need a commercial / commissary kitchen
Selling TCS foods, wholesale, or interstate requires a licensed kitchen
Administered by
Delaware Division of Public Health (DHSS) · 16 Del. Admin. Code 4458A

Source: Delaware Division of Public Health (DHSS). Cottage food laws change often — confirm current rules before selling.

Good to know

Sales cap ($25,000) removed in December 2023; cannabis explicitly excluded from protections.

Outgrowing cottage food? When you need a licensed kitchen, see Delaware food-business requirements, estimate the build with the cost-to-open calculator, and check whether you need a hood.

Frequently asked

Can I sell homemade food in Delaware?
Yes. Delaware has a cottage food framework (Cottage Food Operation) that lets individuals make and sell certain non-hazardous foods from a home kitchen. There is no sales cap. You still must follow the state's rules on allowed foods, labeling, and where you can sell. Administered by Delaware Division of Public Health (DHSS).
What foods can I sell under Delaware's cottage food law?
Non-TCS bakery items (cakes, breads, cookies, muffins, brownies, fruit pies, pastries), condiments, dry goods, jams/jellies, fudge, chocolates, hard candies Not allowed: TCS/refrigerated foods, meat, low-acid canned goods; cannabis explicitly excluded
When do I need a commercial or commissary kitchen in Delaware?
Selling TCS foods, wholesale, or interstate requires a licensed kitchen At that point, see the requirements and permit fees for your area.
Do I need a license or registration for cottage food in Delaware?
Register with Division of Public Health; $30 annual fee (fiscal year ending March 31)
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