Current Law Details
Ranked dead last nationally (F grade) despite removing $25,000 sales cap in Dec 2023. No income limit now but still highly restrictive: mandatory kitchen inspection, expensive 8-hour training ($175), complex application, and direct sales only (home, farmers markets, events). Online advertising allowed but e-commerce prohibited.
Registration & Training
📋Registration
- Required
- Yes
- Type
- registration
- Cost
- $30/year
- Renewal Period
- Annual (fiscal year ends March 31)
- Inspection Required
- Yes
🎓Training
- Required
- Yes
- Type
- 8-hour food safety training course
- Cost
- $175
Labeling Requirements
Required Statement
"This food is made in a Cottage Food Establishment and is NOT subject to routine Government Food Safety Inspections"
Additional Label Elements
- ✓Business name (not personal name)
- ✓City/town (NOT full home address)
- ✓Email or phone number
- ✓Ingredients list (in descending order of predominance)
- ✓Allergen information (must identify major food allergens)
- ✓Date produced
Allowed Sales Venues
Direct sales only. Person-to-person transaction required. All sales must be within Delaware state borders. No shipping allowed. No third-party platforms.
Shipping & Delivery
Shipping Options
- In-State
- In-Person Only
- Out-of-State
- Not Allowed
Delivery Methods
- Commercial Carriers
- Not Allowed
- Third-Party Delivery
- Not Allowed
Producers may advertise and take orders online, but actual transaction and delivery MUST occur in person. No shipping of any kind allowed.
Allowed Foods
Only non-potentially hazardous foods (non-PHF) with pH level of 4.6 or below OR water activity of 0.85 or below. Allowed: breads, biscuits, cakes, rolls, cookies, scones, brownies, candies, jams/jellies, caramel corn, nuts. Prohibited: meat products, dairy products, low-acid canned foods, perishable foods requiring refrigeration.
Recent Legislative Updates
Delaware Register of Regulations (27 DE Reg 432)
Effective: December 11, 2023
Removed $25,000 annual sales cap (now unlimited) and removed home address labeling requirement (now only city/town required)
Important Warnings & Notes
- ⚠️Only state to receive F grade in Institute for Justice 'Baking Bad' survey - ranked dead last nationally
- ⚠️Complex application requires floor plans, equipment lists, product list with ingredients, sample labels, venue list, water/sewer documentation
- ⚠️Mandatory pre-operational kitchen inspection required before starting business
- ⚠️Expensive training requirement ($175 for 8-hour course) - one of the most expensive nationally
- ⚠️No online sales permitted - advertising allowed but no e-commerce transactions
- ⚠️Must maintain production and sales records for at least 3 years
- ⚠️Required to create written contingency plan for product recalls
- ⚠️Private well users must provide water testing results; private septic users must provide system verification
Research Sources
This information was compiled from the following sources (Last updated: 2025-10-06):
- •Delaware Code Title 16, Section 4458A
- •Delaware Register of Regulations, December 1, 2023, Volume 27, Issue 6
- •Delaware Division of Public Health - Office of Food Protection
- •Forrager.com - Delaware Cottage Food Law
- •Institute for Justice - Selling Homemade Food in Delaware
- •Food Safety News - Baking Bad Survey (February 2023)
Important Legal Disclaimer
This information is for educational purposes only and should not be considered legal advice. Cottage food laws change frequently and vary by local jurisdiction. Always verify current regulations with your state and local health departments before starting your business.
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