Delaware Can you legally sell food from home in Delaware?
Cottage Food Law
LAW UPDATE
Since this page was last updated, Delaware has changed their cottage food law. Please see the cottage food regulations to learn more.
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 many more people to start a “cottage food establishment” (CFE) from their home kitchen.
Although the cottage food law is much more expansive than it used to be, it is still restricted in many ways. For one, the setup process and initial requirements are quite complex and lengthy, but fortunately, registration with the health department only costs $30. Sales are limited to $25,000, and only direct (in-person) sales are allowed. The list of allowed foods is fairly extensive, but some types of food may need to be lab tested.
If you are a farmer (or grow the main ingredient in your products), it may be more advantageous to get an on-farm home processing license. With that license, you can sell up to $40,000 of goods per year (as opposed to $25,000), and the setup process is easier overall. However, the on-farm license requires a home inspection and an 8-hour food safety training course, and it does not allow pets to ever be in the home.
Selling Where can you sell homemade food products?
You need to have your registration on display at your sales venues.
Allowed Foods What food products can you sell from home?
The only foods that the law specifically allows are baked goods, candy, jams, jellies, and other fruit preserves. However, other non-PHFs (AKA non-TCS) may be allowed, and you should contact the health department to determine if a certain product can be produced. Some types of food products must be tested in a lab before they can be approved.
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.
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 approved food safety training course.
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
123 Chewy Way, Cookietown, DE 73531
Phone: (123) 456-7890
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)
Produced on 5/29/2023
NET WT 2 lb 4 oz (1.02 kg)
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
- January 2006
- Delaware Code
- September 2016
- 4458A Cottage Food Regulations
DoxLuvr 
Susan
Kerry Montgomery
Comments
Cammy Drummond
Hello!
I would like to get a license to sell baked goods. I live in a house, but I do not own it. Are there other options for people who are in my position? I’m assuming that I wouldn’t be able to have a business inside this home because I don’t own it. Any help with this would be great. Thank you!
Sonja Bochow
I see not much has changed. I still can’t sell apple pies and the list of requirements for a home kitchen is exhaustive and ridiculous. I don’t need a “food safety class”. I need the state to stay out of it. Question, do Amish families sell food out of their homes without meeting all these requirements? Does the state come inspect their homes and make them take a class? Mrs. Fields and Famous Amos would never have succeeded in this business climate.
David Crabill
I have no idea if the requirements are different in Amish communities.
ADS
According to Section 3.2.3 of the new cottage food regulations: The manufacturing of baked goods shall be allowed in a CFE. Traditional bakery items include, but are not limited to: cakes, breads, cookies, rolls, muffins, brownies, fruit pies and pastries. Bakery items which as a finished product contain components (such as cream filling, meat, etc.) which meet the definition of TCS are not allowed.
Sorrelle
Delaware has the laws in place but I am finding it difficult to get in touch with anyone who has information regarding the approved foods. When I called the office, they didn’t seem to know much at all about the law. I just need to know whether cheesecakes are included or if I need to talk to someone about allowing it.
David Crabill
I highly doubt that a cheesecake could qualify as a non-PHF. Instead, you would have to produce cheesecakes in a commercial kitchen. http://forrager.com/faq/#commercial
ADS
More details can be found at http://dhss.delaware.gov/dph/hsp/ofpcfe.html on what is and isn’t permitted under the new Delaware CFE program
erica smith
It looks like Delaware’s Health Department will be publishing new regulations next month that lift the farmer-only restriction. I confirmed with them on the phone.
David Crabill
Thanks so much for letting me know! I just updated this page. The new rules were enacted on September 11th, and new CFEs can start registering on October 1st.
Alicia
Here’s a more updated facebook page: https://www.facebook.com/groups/1432938716947054/ The previous link is mostly inactive and leads to a petition that’s closed now. GREAT new progress is being made, and we’re keeping followers updated over on the DE Cottage Food Bill Supporters page.
David Crabill
Thanks for opening up your group and letting us know about it! I’ve updated the page with the new link. Please let us know when you introduce your bill so I can link to it. Good luck!
Kimberly
A petition to enact a Cottage Food Law Bill for Delaware is located at: http://chn.ge/TbPXbc
Here is the facebook link: http://on.fb.me/UMGfsT
Twitter: twitter.com/cottagefoodlaw
David Crabill
Cool… looks great Kimberly! Thanks for getting it started.