Delaware Cottage Food Laws

Delaware is the tightest cottage food environment in the country. If you want to build an order-based business, confirm current rules with DHSS before investing.

Important information: Cottage food laws vary by state and may change. This guide is provided for general educational purposes and is not legal advice. Always confirm current requirements with your state's official regulatory agency before selling homemade food.

Checked against official Delaware sources on November 2, 2026: permit and online sales. One item needs confirmation (marked below). Anything not marked as checked is our summary — check with the Delaware Department of Health & Social Services.

Needs confirmation

  • Unresolved: We show $40,000. Delaware's 2019 rules said $25,000, and we didn't find a cap in the rules effective May 11, 2026. Confirm with the Division of Public Health.

Fast facts

Permit
Permit required; kitchen inspection possible (checked)
Annual sales cap
$40,000/yr (unresolved)
Online sales
Not allowed (checked)
Shipping
Not allowed (summary)

What makes Delaware different

  • Historically the most restrictive state — sales were limited to farmers markets and on-farm stands
  • A permit application and possible home kitchen inspection are required
  • Online ordering and shipping are not permitted

Where you can sell in Delaware

  • Farmers markets
  • Direct to consumer
  • On-farm stands

What you can and can't make

These lists describe what most cottage food laws allow and prohibit. They aren't Delaware's official product list: check the Delaware Department of Health & Social Services for the foods Delaware actually allows.

Generally allowed

  • Breads, rolls, biscuits and buns
  • Cakes, cupcakes and brownies (without cream-cheese or custard fillings)
  • Cookies, bars and biscotti
  • Fruit pies and fruit-filled pastries
  • Candy, brittle, fudge and chocolate-covered items
  • Dry mixes, granola, popcorn and roasted nuts
  • Jams, jellies and preserves made from high-acid fruit

Generally prohibited

  • Cheesecake and cream-cheese frostings or fillings
  • Custard, meringue, pudding and Bavarian-cream pies
  • Anything containing meat, poultry or seafood
  • Fresh-dairy items, ice cream and buttercream that requires refrigeration
  • Canned vegetables, salsas and other low-acid canned goods
  • Garlic-in-oil, pickled goods and fermented foods (in most states)
  • Kombucha, juices and other beverages requiring a process authority

Delaware labeling requirements

Most states require the elements below. Delaware's exact list may differ, so confirm it with the Delaware Department of Health & Social Services.

  1. The name and physical address of your home kitchen business
  2. The common name of the product
  3. A full ingredient list in descending order by weight
  4. Allergen declaration for the major allergens (milk, eggs, wheat, soy, peanuts, tree nuts, fish, shellfish, sesame)
  5. Net weight or volume
  6. A cottage food disclosure such as "Made in a home kitchen that is not subject to routine state inspection"

Official source for Delaware

The Delaware Department of Health & Social Services administers cottage food rules in Delaware. Their page is the authoritative, current version of everything summarized here.

Visit the Delaware Department of Health & Social Services

Sources we checked on November 2, 2026:

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Cottage food laws in other states