Cottage Food Law in Delaware

Overview: Delaware's Cottage Food Law

Delaware allows residents to make and sell certain homemade food products directly to consumers without obtaining a commercial food processing license. This is called a "cottage food" operation, and it covers a specific set of lower-risk foods — primarily baked goods, jams, candies, and similar shelf-stable products.

Delaware's cottage food law is a Tier 2 state — meaning registration required. You must register with the state before selling. Registration is typically free or low-cost and does not require an inspection of your home kitchen.

Annual Sales Limit

Your gross annual sales from cottage food cannot exceed $7,500. Track your sales records carefully — exceeding the cap typically requires obtaining a commercial food processor license.

Note: The sales cap applies to gross revenue — your total income from cottage food sales before any expenses. It is not net profit.

License and Registration

License status: Registration Required

You must register with the state before selling. Registration is typically free or low-cost and does not require an inspection of your home kitchen.

You must contact your state agriculture department to obtain the required license or registration before making your first sale.

What You Can Sell

Delaware's cottage food law permits sales of non-TCS (non-Temperature Control for Safety) foods. These are foods that do not require refrigeration to stay safe. Common examples include:

• Baked goods (non-TCS)
• Jams & jellies
• Candy
• Granola
• Dried herbs
• Roasted nuts

What you cannot sell: Anything requiring refrigeration — custard pies, cream-filled pastries, cheesecakes, meat products, most dairy items, and home-canned low-acid vegetables are not permitted under cottage food exemptions in most states.

Labeling Requirements

Every cottage food product sold in Delaware must be properly labeled. At minimum, your label must include:

• Your full name and home address
• The name of the food product
• A complete list of ingredients in descending order by weight
• Net weight or volume
• A disclosure that the food was made in an uninspected home kitchen
• Allergen statement per FDA requirements

The exact wording of the required disclosure statement varies by state. Check with the Delaware Department of Agriculture for the required language. Using incorrect or incomplete wording can result in fines or being asked to stop selling.

See our complete guide: Federal Cottage Food Labeling Requirements

Where You Can Sell

In Delaware, cottage food may be sold:

• Farmers markets — most markets welcome cottage food vendors
• Direct to consumer — at your home, at community events, or by arrangement
• Craft fairs and pop-up markets — generally permitted as direct sales
• Not online — internet sales and shipping are not permitted in Delaware under the cottage food law

How to Get Started in Delaware

Here is the step-by-step process for legally starting a cottage food operation in Delaware:

1. Register with the state — contact the Delaware Department of Agriculture to complete registration
2. Identify your products — confirm they are non-TCS and permitted under Delaware's law
3. Create compliant labels — include all required fields and the required disclosure statement
4. Track your sales — maintain records of gross sales to stay under the cap
5. Find your venues — apply to farmers markets and community events in your area

Frequently Asked Questions

• Do I need a license to sell baked goods from home in Delaware? +
  You need to register with the state before selling. Registration is free or low-cost.
• Can I sell homemade food at a farmers market in Delaware? +
  Yes — farmers markets are a permitted sales channel under Delaware's cottage food law. Confirm with your specific market that they allow cottage food vendors, as individual market rules may vary.
• Can I sell cottage food online and ship it in Delaware? +
  Delaware does not currently permit online or internet sales of cottage food. Sales must be direct to the consumer, in person. This includes sales through websites, apps, or social media that result in shipping the product to the buyer.
• What foods are NOT allowed under Delaware's cottage food law? +
  Foods that require time/temperature control for safety (TCS foods) are generally not permitted. This includes anything that must be refrigerated: custard pies, cream-filled pastries, cheesecakes, meat products, most dairy products, home-canned low-acid vegetables, and fermented foods that require refrigeration. When in doubt, check with the Delaware Department of Agriculture.
• What must be on my label in Delaware? +
  At minimum, your label must include: your full name and home address, the name of the food product, a complete list of ingredients in descending order by weight, the net weight or volume, and a disclosure statement indicating the food was made in an uninspected home kitchen. Some states require specific exact language — check with Delaware's agriculture department for the required wording.

Official Source

All cottage food operations in Delaware are governed by Del. Code tit. 3, § 7901. The administering agency is the Delaware Department of Agriculture (or equivalent).

Visit Delaware Agriculture Department ↗