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Delaware On-Farm Home Processing Can you legally sell food from home in Delaware?

Cottage Food Law

This state's cottage food law is restricted, so it is not available to everyone!

This law is only for farmers in Delaware. If you are not a farmer, you can use Delaware’s cottage food law to sell homemade foods.

This law for on-farm home processing operations is a better option for many farmers than using the cottage food law, both because it allows more types of products, and because it is much easier to setup this kind of business.

However, it comes with many restrictions. Farmers can only sell at farmers markets, on their farm, or at a roadside stand on or near their farm. Sales are limited to $50,000 per year, and pets are never allowed in their home.

Selling Where can you sell homemade food products?

You can only sell at a roadside stand if it is on or near your farm.

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Allowed Foods What food products can you sell from home?

Only "non-potentially hazardous" foods are allowed, but certain non-PHFs may not be allowed. Most foods that don't need to be refrigerated (foods without meat, cheese, etc.) are considered non-potentially hazardous. Learn more

Limitations How will your home food business be restricted?

Sales are limited to $50,000 per year

Business What do you need to do to sell food from home?

On-Farm Home Processing License

You must submit your application ($25 per year) at least 30 days prior to when you want to start selling.

Kitchen Inspection
Food Safety Course

You must take an 8-hour training course on food safety.

Labeling How do you label cottage food products?

Sample Label

Chocolate Chip Cookies

"This product is home-produced and processed" (10-point type)


Forrager Cookie Company

123 Chewy Way, Cookietown, DE 73531


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)


Produced on 11/21/2024


NET WT 2 lb 4 oz (1.02 kg)


If applicable, the net weight can be replaced by unit count.

Workplace Are there any home kitchen requirements?

The kitchen must have a two-compartment sink at the minimum. In addition, there needs to be a service sink for mop water. Exterior doors need to be self-closing.

Food and equipment items for the business need to be stored separately from those intended for domestic use.

There are many other workplace regulations that are listed in the regulations.

Resources Where can you find more information about this law?

Department
Delaware Department of Agriculture
Contacts
Job Title
Food Products Inspection Administrator
Organization
Delaware Department of Agriculture
Email
andrea.jackson@delaware.gov
Telephone
(302) 698-4545
Law Dates
January 2006
9 DE Reg. 1057
September 2013
17 DE Reg. 316

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Starting a cottage food business?

TAKE THE FREE MINI COURSE

How To Start A Cottage Food Business

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