Delaware’s cottage food law allows individuals to sell many homemade products, but the setup process is fairly complicated, and sales are limited to $25,000 per year.
This page explains Delaware’s separate law for on-farm home processing, which is more limited in some ways, but for those who meet the requirements, it allows more sales and may be easier to setup.
There are many restrictions in this law. Most notably, it is only available to farmers — a farmer is considered someone who grows produce for commercial purposes. Goods may only be sold at farmers markets, produce stands, or on the farm, and sales are limited to $40,000 per year. A $25 license, a home inspection, and an 8-hour training course are required. Also, pets are never allowed in the home, and there are many other kitchen requirements.
The operator must submit their application ($25 per year) at least 30 days prior to when they want to start producing cottage foods.
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 5/25/2022
NET WT 2 lb 4 oz (1.02 kg)
If applicable, the net weight can be replaced by unit count.
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.
- Job Title
- Food Safety Products Administrator
- Delaware Department of Agriculture
- January 2006
- Delaware Code