Delaware Cottage Food Laws

Delaware Cottage Food Law: Comprehensive Guide for Home-Based Food Entrepreneurs

This guide offers a thorough overview of Delaware’s cottage food regulations, covering registration, allowed products, labeling, inspections, and practical steps to launch your home-based food business under state law.

Quick Facts

1. Overview / Introduction

Delaware’s Cottage Food Establishment (CFE) Program is overseen by the Division of Public Health within the Department of Health and Social Services, under 16 Del. Admin. Code Chapter 4458A. The regulations were most recently updated effective December 1, 2023 (27 DE Reg. 432), modifying labeling and sales requirements.(archive.regulations.delaware.gov)

2. Sales Limits

• No gross annual sales cap for cottage food operations in current law—the $25,000 cap has been removed as of December 2023.(archive.regulations.delaware.gov) • Direct, in-state sales only: Sales must be made directly to consumers within Delaware; online sales, shipping, wholesale, and out-of-state sales are prohibited.(archive.regulations.delaware.gov)

3. Licensing & Registration

• Registration required with the Division of Public Health before beginning operations; includes an application detailing owner and location, product list, ingredients, labels, processes, kitchen floor plan, and sales venues.(archive.regulations.delaware.gov) • Registration cost: approximately $30 annually (fiscal year ends March 31).(ij.org)

4. Training Requirements

• State-approved food safety training is mandatory and proof must be submitted with the registration application.(archive.regulations.delaware.gov)

5. Home Kitchen Inspection

• Pre-operational inspection required: Ensures kitchen matches your registration application, has SOPs in place, and meets sanitary and facility standards.(archive.regulations.delaware.gov) • Inspections may be conducted as needed thereafter.(archive.regulations.delaware.gov)

6. Allowed Foods

Delaware allows only non–time/temperature control for safety (non‑TCS) foods listed on an approved list. Specifically:

• Baked goods: cakes, breads, cookies, rolls, muffins, brownies, fruit pies, pastries (without cream, custard, meat).(archive.regulations.delaware.gov) • Jams, jellies, fruit preserves: allowed if compliant.(archive.regulations.delaware.gov) • Candy/confections: fudge, lollipops, chocolates, tortes, hard candy, rock candy (non‑TCS).(archive.regulations.delaware.gov)

7. Prohibited Foods

Prohibited items include: • Bakery goods with cream, custard, or meat fillings; dairy-based products; meats; fermented, pickled, acidified, or low-acid canned goods; refrigerated or perishable items; beverages; pet foods.(thecottagelawkitchen.com)

8. Labeling Requirements

Labels must include (per 16 DE Admin. Code § 4458A‑8.2):

• Name of the Cottage Food Establishment and product name
• Town/city, Delaware; phone number or email of CFE; net weight or unit count; date of production or lot number(law.cornell.edu)
• Ingredient list in descending order by weight (or available upon request if space limited)(law.cornell.edu)
• Allergen disclosure: name the food source of major allergens unless already part of ingredient name(law.cornell.edu)
• Statement: "This food is made in a Cottage Food Establishment and is NOT subject to routine Government Food Safety Inspections"(law.cornell.edu)
• Fonts: at least 10-point type, high contrast color(law.cornell.edu)
• Food-grade packaging; maintain recall plan and records (batch, lot, sales) for 3 years(law.cornell.edu)

9. Where You Can Sell

Allowed venues include direct in‑person sales within Delaware, such as farmers markets, craft fairs, charitable events, and special functions. Sellers must display their registration at the venue.(archive.regulations.delaware.gov) Prohibited: online sales, mail orders, shipping, wholesale, or sales to resellers or food establishments.(archive.regulations.delaware.gov)

10. Sales Tax

Sources indicate that Delaware imposes sales and use tax on most purchases, including cottage food products. Delaware’s general sales tax is currently 6.6%, though this is unusual since Delaware typically has no state sales tax—this may need verification.(foodhandlersguide.com)

11. Special Exemptions & Variances

• Exemptions: Establishments already registered as food establishments are exempt from cottage food rules, and bake sales or private events as defined in the Food Code are not subject to these regulations.(archive.regulations.delaware.gov) • Variances: You can request a variance from specific requirements if no health hazard will result; certain actions (renovation, change of ownership, relocation, or cessation >1 year) void a granted variance.(archive.regulations.delaware.gov)

12. Getting Started: Practical Steps

1. Complete a state-approved food safety training course and get your certificate.(archive.regulations.delaware.gov)
2. Prepare documentation: product list with ingredients, sample labels, kitchen floor plan, sales venues.(archive.regulations.delaware.gov)
3. Submit registration application to Division of Public Health with fee (~$30).(ij.org)
4. Undergo kitchen inspection and correct any deficiencies.(archive.regulations.delaware.gov)
5. Begin selling at approved venues once registered and inspected. Ensure you comply with labeling, records, and maintain recall plan.(law.cornell.edu)

13. Official Resources

• Division of Public Health – Office of Food Protection (CFE Program): forms, application PDFs and training info.(dhss.delaware.gov) • 16 Del. Admin. Code Chapter 4458A: full regulation text; Justia provides accessible version.(archive.regulations.delaware.gov)

Official Sources

This guide was compiled from the following official sources:

• regulations.delaware.gov
• archive.regulations.delaware.gov
• thecottagelawkitchen.com
• ij.org
• regulations.delaware.gov
• standscout.com
• regulations.justia.com
• www.dhss.delaware.gov
• www.foodhandlersguide.com

Important Notes

⚠️ Sales tax information seems inconsistent—Delaware generally does not impose a sales tax; verify current tax obligations with Division of Revenue.

⚠️ Some secondary sources (The Cottage Law Kitchen, StandScout) summarize or interpret regulations; always cross-check with official DPH texts.