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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!

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.

Selling Where can you sell homemade food products?

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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?

Limitations
Sales are limited to $40,000 per year

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

On-Farm Home Processing License

The operator must submit their application ($25 per year) at least 30 days prior to when they want to start producing cottage foods.

Home inspection
Food safety course

Operators must take an 8-hour training course on food safety. The training course is provided at least once a year by the University of Delaware Cooperative Extension.

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 4/25/2024


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
Agriculture
Contacts

Andrea Jackson

Job Title
Food Safety Products Administrator
Organization
Delaware Department of Agriculture
Email
andrea.jackson@state.de.us
Telephone
302-698-4545
Law Dates
January 2006
Delaware Code

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