Cottage Food Laws in Delaware

Delaware removed its sales cap in December 2023. A state permit, home kitchen inspection, and an 8-hour food safety course are required; online sales are not allowed.

Overview

Delaware removed its sales cap in December 2023. A state permit, home kitchen inspection, and an 8-hour food safety course are required; online sales are not allowed.

Last verified: July 30, 2026 Official source: Delaware Division of Public Health ↗

What Foods Can I Sell?

Allowed

  • Cookies, brownies, and bars
  • Cakes and cupcakes (no cream, custard, or perishable fillings)
  • Quick breads and yeast breads
  • Pies and pastries (fruit-based, not cream or custard)
  • Candy, fudge, and confections
  • Granola, cereals, and dry snack mixes
  • Dry baking mixes and dry herb/spice blends
  • Jams, jellies, and fruit butters
  • Honey and roasted coffee or dry tea

Not Allowed

  • Foods that require refrigeration to be safe (cream pies, cheesecakes, custards)
  • Meat, poultry, or seafood products
  • Most dairy products, including soft cheeses
  • Canned low-acid vegetables
  • Alcohol-infused products
  • Any food that needs time/temperature control for safety (TCS foods)

Where Can I Sell?

✓ Direct to Consumers
✓ Farmers Markets
✕ Online Orders
✓ Pickup
✕ Delivery
✓ Events

Revenue Limits

Annual Sales Limit
No statewide sales limit

Permits and Licensing

Required Permits

A Delaware cottage food permit (about $30/year) is required.

Food Handler Requirements

An 8-hour food safety course is required.

Business License

A local business license may be required.

Kitchen Inspection

A home kitchen inspection is required.

Labeling Requirements

  1. Product name
  2. Ingredient list, in descending order by weight
  3. Major allergens
  4. Business name and address
  5. Net weight
  6. Required disclosure statement: "This food is made in a cottage food establishment not subject to routine inspection."

Not legal advice — label wording and requirements can change. Do your own research with Delaware Division of Public Health before printing labels.

Starting Your Bakery Checklist

Legal disclaimer: This information is provided for educational purposes only and should not be considered legal advice. Cottage food laws change frequently. Always verify requirements with your state's official government resources.

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Frequently Asked Questions

Can I sell baked goods from home in Delaware?

Yes. Delaware allows home bakers to sell approved homemade goods directly to consumers under its cottage food rules. Delaware removed its sales cap in December 2023. A state permit, home kitchen inspection, and an 8-hour food safety course are required; online sales are not allowed.

What foods can I sell under cottage food laws in Delaware?

Typically allowed items include Cookies, brownies, and bars, Cakes and cupcakes (no cream, custard, or perishable fillings), Quick breads and yeast breads, Pies and pastries (fruit-based, not cream or custard), Candy, fudge, and confections, and similar non-perishable homemade goods. Foods that require refrigeration, such as cream pies and cheesecakes, are generally not allowed. Always confirm the current list with Delaware Division of Public Health.

Do I need a permit to sell homemade cakes in Delaware?

A Delaware cottage food permit (about $30/year) is required.

How much can a home bakery make in Delaware?

Delaware's cottage food annual sales limit is: No statewide sales limit.

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