Home food business guide · Last reviewed October 2026
Cottage Food Laws in Delaware
Delaware has no annual sales cap on most home food sales (No cap (removed 2023)). Getting started: DPH registration ($30/yr), inspection, 8-hour course. Foods that need refrigeration have to be made in a commercial kitchen. Of the 40 common products in our finder, 8 can be made in a home kitchen in Delaware, many with conditions.
Limited sources. The detailed rules for Delaware rely on a secondary summary (Forrager) of the state regulations. They may be out of date or incomplete, so confirm with the state agency before relying on them.
Quick facts are summarized from 50-state trackers (Ardent Seller, reviewed October 1, 2026, cross-checked with PermitDeck and Food Business Pros). Where the details below differ, follow the state sources listed at the bottom of this page and confirm with the agency.
How 40 common products are treated in Delaware, with the condition or reason for each. Items marked "general rule" weren't specifically addressed in the state's guidance.
Allowed from a home kitchen
Sourdough bread. Breads, cakes, cookies, donuts, and similar baked goods are allowed.
Cookies & brownies. Breads, cakes, cookies, donuts, and similar baked goods are allowed.
Home-cooked meals. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Prepared meals need refrigeration, so they're made in a permitted commercial kitchen.
Kombucha. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Fermented beverages need a commercial kitchen, and producers monitor alcohol, since at 0.5% ABV or more it is treated as an alcoholic beverage.
Needs a canning license
Pepper jelly. Acidified canned foods are excluded.
Cheese & yogurt. General rule, not specifically addressed in this state's guidance; ask the agency to confirm. Dairy products are licensed separately, through the state's dairy program.
Roasted coffee. Not clearly addressed in the state's guidance; ask the agency.
Marshmallows. Not clearly addressed in the state's guidance; ask the agency.
Pure honey. Not clearly addressed in the state's guidance; ask the agency.
Infused honey. Not clearly addressed in the state's guidance; ask the agency.
Vanilla extract. Not clearly addressed in the state's guidance; ask the agency.
Fruit-infused vinegar. Not clearly addressed in the state's guidance; ask the agency.
How to start selling from home
Check that the product is a non-potentially hazardous food on DPH's approved list.
Complete an 8-hour food safety course.
Register with DPH ($30 a year, renews April 1), pass a plan review and kitchen inspection, and test private water within 60 days of applying.
Sell directly to consumers at events, farmers markets, home pickup, or delivery in Delaware. No online sales, stores, or restaurants.
Keep production and sales records for three years and label every product (see the checklist below).
Legal paths
Cottage food establishment
Where
Your home kitchen, inspected by DPH
Sell
Directly at events, farmers markets, home pickup, and delivery in Delaware. No online sales, stores, or restaurants.
Sales cap
None (removed Dec 2023)
Paperwork
DPH registration ($30 a year); 8-hour food safety course
On-farm home processing
Where
Your farm home
Sell
Roadside stands and additional products
Sales cap
As set by license
Paperwork
Delaware Department of Agriculture license
Commercial kitchen
Where
A permitted commercial kitchen
Sell
Stores, restaurants, and excluded foods
Sales cap
None
Paperwork
DPH permit; usually FDA registration
Commercial canning
Where
Licensed commercial facility
Sell
Pickles, salsas, sauces, and canned foods
Sales cap
None
Paperwork
Process authority review, FDA scheduled-process filing
Label requirements
Required by Delaware's Cottage Food Regulations.
“This food is made in a Cottage Food Establishment and is NOT subject to routine Government Food Safety Inspections”. At least 10-point type.
Product name and business name
City as “Town/City, Delaware”
Email or phone number
Ingredients and allergens
Net amount
Date produced or lot number
Turning a recipe into a product?
Mendocino Food Consulting helps food entrepreneurs with food science, formulation, and process questions. We are food scientists, not attorneys, and we don't provide legal advice.