How much can a cottage food business make in Delaware?

Delaware limits cottage food operations to $40,000/yr in gross annual sales.

Can you sell homemade baked goods online in Delaware?

Online sales: Not allowed. Shipping: Not allowed. Approved venues include Farmers markets, Direct to consumer, On-farm stands.

Delaware Cottage Food Laws

Q: Do you need a permit to sell baked goods from home in Delaware?

Permit required; kitchen inspection possible. 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.

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.

Fast facts

Permit: Permit required; kitchen inspection possible
Annual sales cap: $40,000/yr
Online sales: Not allowed
Shipping: Not allowed

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

Delaware follows the standard cottage food logic: shelf-stable items are in, anything needing refrigeration is out. Check the Delaware Department of Health & Social Services product list for state-specific exceptions.

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

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

Official source for Delaware

Delaware Department of Health & Social Services administers cottage food rules in Delaware.

Last verified: July 25, 2026

Visit Delaware Department of Health & Social Services

Not legal advice. This summary is for general education. Confirm with Delaware Department of Health & Social Services before you start selling.