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Food Freedom (no cap) Last reviewed 2026-09-15

2026 reference

Delaware Cottage Food Law

Delaware's cottage food law sets no statewide revenue cap and a permit (Delaware Cottage Food Establishment registration) is required before the first sale. Direct sales to consumers within Delaware only, without a retailer or other intermediary, at venues such as farmers markets, craft fairs, and charitable organization functions (16 Del. Admin. Code 4458A §§ 2.0, 3.1.3.1, 4.1.1.1). Online sales are not permitted, although online advertising and marketing are (§ 3.1.3.2). Wholesale and other sales to resellers or food establishments are not permitted (§ 3.1.3.3).

Watch for: Delaware deleted its $25,000 sales cap in the December 2023 amendment, but the program is still in-person and in-state only: no online sales, no wholesale or sales to stores or restaurants, and only non-TCS products on the Division's approved list and your own registration.

Key facts

Annual revenue cap
No cap (with inspection)
Permit / registration
Delaware Cottage Food Establishment registration
$30/year
Kitchen inspection
Required
Food handler training
Required
Acidified foods
Excluded
Interstate shipping
In-state only

Where you can sell

Direct sales to consumers within Delaware only, without a retailer or other intermediary, at venues such as farmers markets, craft fairs, and charitable organization functions (16 Del. Admin. Code 4458A §§ 2.0, 3.1.3.1, 4.1.1.1). Online sales are not permitted, although online advertising and marketing are (§ 3.1.3.2). Wholesale and other sales to resellers or food establishments are not permitted (§ 3.1.3.3).

  • Direct (in-person)
  • Farmers markets

What's required before your first sale

Annual registration with the Division of Public Health: $30 per establishment, for a registration year running April 1 to March 31 (16 Del. Admin. Code 4458A §§ 3.1.1, 3.1.2, 3.4). The application includes the products and ingredients, example labels, a floor plan of the processing area, the sales venues, and proof of training; at least one person who has passed a test in a food safety program approved by the Office of Food Protection must be on site during operation (§§ 3.3.1, 5.0). The Division adds a producer to the registry only after the requirements are met, up to and including the on-site inspection (§ 3.3.3), and a private well needs a satisfactory water analysis (§ 3.3.7). Only the products listed on the registration may be made, and the registration certificate must be displayed wherever products are sold (§§ 3.1.3.4, 4.1.1.1).

Allowed and excluded foods

Permitted under cottage food

  • Baked goods without TCS components, such as cakes, breads, cookies, rolls, muffins, brownies, fruit pies, and pastries (16 Del. Admin. Code 4458A § 3.2.3)
  • Jams, jellies, and other fruit preserves (§ 3.2.4)
  • Non-TCS candy, such as fudge, lollipops, chocolates, hard candy, and rock candy (§ 3.2.5)
  • Only products on the Division's approved list and listed on your registration (§§ 3.1.3.4, 3.2.1)

Excluded from cottage food

  • Time/temperature control for safety (TCS) foods, including baked goods with cream fillings, meat, or other TCS components (§§ 3.2.2, 3.2.3)
  • Products containing cannabis (§ 3.2.6)

Label requirements

  • Name of the Cottage Food Establishment
  • Name of the product
  • The establishment's town or city followed by "Delaware" (as of the December 2023 amendment, a full home street address is no longer required)
  • Phone number OR email of the establishment
  • Net weight or unit count
  • Date of production OR a lot number
  • Ingredients in descending order by weight (may be furnished on request if the label is too small)
  • The food source of each major food allergen (unless already in the ingredient name)
  • Verbatim disclosure required by 16 Del. Admin. Code § 4458A-8.2.4, in at least 10-point type in a color that contrasts with the background: "This food is made in a Cottage Food Establishment and is NOT subject to routine Government Food Safety Inspections" (the codified text carries no trailing period)
How Ardent Seller helps

Generate your Delaware disclosure label in one click

Ardent Seller assembles a print-ready cottage food label for Delaware from data you already track — the state's required disclosure statement rendered verbatim (and sized to meet the state's minimum type size where one applies), your operator info, ingredients in descending order by weight, the federal "Contains:" allergen line, net weight, and lot code. A validation checklist flags anything Delaware requires that's missing before you print. Included on every plan.

Adjacent programs

On-Farm Home Processing License (Delaware Department of Agriculture)

A separate program for farm families who process non-potentially hazardous foods in their on-farm home kitchens for sale at farmers markets, roadside produce stands, or the farm. It requires training and an on-farm kitchen inspection and uses its own label statement, "This product is home-produced and processed".

Sources

Reference content only — not legal advice. State laws change frequently. Verify against the official source before launching.

Tools that work with Delaware

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Run your Delaware cottage food business in one place

Ardent Seller tracks ingredients, batches, labels, and revenue against your state's cap — built for cottage food producers.