Delaware Can you legally sell food from home in Delaware?
Cottage Food Law
Delaware’s cottage food law began in 2016 and allows producers to sell certain types of non-perishable foods from home.
Unfortunately, the law is relatively restrictive, and the process for setting up a business is very complex.
Producers can only sell directly from home or at farmers markets or events, but there is no sales limit.
To start a business, producers need to get registered, which includes a very lengthy application, home kitchen inspection, and comprehensive food safety training.
Farmers can also consider getting an on-farm home processing license.
Selling Where can you sell homemade food products?
You need to have your registration on display at sales venues.
If you are a farmer, you sell at a roadside stand on or near your farm if you get licensed as an on-farm home food processing operation.
Allowed Foods What food products can you sell from home?
The only foods that the law specifically allows are certain types of baked goods, candy, jams, jellies, and other fruit preserves. However, other non-perishable foods may be allowed, and you should contact the health department to determine if a certain product can be produced.
If you are a farmer, you can sell other types of products if you get licensed as an on-farm home food processing operation.
Limitations How will your home food business be restricted?
Business What do you need to do to sell food from home?
When you register, you will need to fill out an application. The registration fee will be $30 and the registration must be renewed annually on April 1st.
The registration needs to be displayed at sales venues.
When you first register, you will need to submit a plan review, which includes:
- Personal and business information
- List of foods and ingredients used/produced
- List of sales venues
- Proof of training
- Product tests (if needed)
- Sample label
- Water source and sewage system info
- Kitchen facility and CFE checklist
- Kitchen floor plan
- Recall plan (see below)
If you remodel, add to, or change your home kitchen, you will need to submit a new plan review, which is free.
The health department will conduct a kitchen inspection before you start your business.
You must take an 8-hour food safety training course.
- Training costs $175 for full-day training and exam.
You need to maintain records for production and sales, and the records must be kept for at least three years.
You need to write a contingency plan for how you will recall products in the event of a public health hazard.
If you have a private water supply, you need to get it tested to ensure its safety. Tests must occur within 60 days of the date on your registration application.
If you have a private sewage system, you need to get it tested to ensure its safety. You can get a test by contacting the Department of Natural Resources and Environmental Control. Tests must occur within 60 days of the date on your registration application.
Labeling How do you label cottage food products?
Chocolate Chip Cookies
"This food is made in a Cottage Food Establishment and is NOT subject to routine Government Food Safety Inspections" (10-point type)
Forrager Cookie Company
Email: cookies@forrager.com
Ingredients: enriched flour (wheat flour, malted barley flour, niacin, iron, thiamin mononitrate, riboflavin, folic acid), butter (cream, salt), semi-sweet chocolate (sugar, chocolate, cocoa butter, milkfat, soy lecithin, natural flavors), brown sugar, granulated sugar, eggs, vanilla extract (vanilla bean extract, alcohol, sugar), baking soda, salt (salt, calcium silicate)
Contains: milk, eggs, wheat, soy
Produced on 11/21/2024
NET WT 2 lb 4 oz (1.02 kg)
You must include your town or city on your labels in this format: “Town/City, Delaware”
You must include either your email address OR phone number on your labels.
You must include either the date produced OR lot number on your labels.
Workplace Are there any home kitchen requirements?
If some of you ingredients need to be stored in the refrigerator (like eggs), you must keep a thermometer in the fridge.
The health department has created guides for safe handwashing and warewashing.
There are many workplace requirements listed in the regulations.
Resources Where can you find more information about this law?
- Department
- Division of Public Health, DHSS
- Telephone
- 302-744-4546
- Fax
- 302-739-3839
- Address
- 417 Federal Street
Dover, DE 19901
Office of Food Protection
- September 2016
- 20 DE Reg. 176
- April 2019
- 23 DE Reg. 52
- December 2023
- 27 DE Reg. 432
For over a decade, Delaware’s cottage food law was only available to farmers.
In September 2016, the health department created and enacted some new rules that allow any resident to start a “cottage food establishment” (CFE) from their home kitchen.
In December 2023, the health department improved the cottage food law by removing the sales limit (at the time it was tied for lowest in the nation, at $25k/year) and removing the home address requirement on labels.
Delaware requires one of the most difficult registration processes of any state, especially considering the limitations they place on cottage food businesses.
DoxLuvr 
Susan
Kerry Montgomery