Start a home kitchen in Delaware
The steps, the costs, where to apply, and how to get inspection-ready — in Delaware's own program terms.
Cottage food law
Sales cap: No sales cap — the Cottage Food Regulations set no gross-sales limit (no cap provision found in 16 DE Admin. Code 4458A).
Allowed foods: Allowed: only non-time/temperature-controlled-for-safety (non-TCS) foods on the Division's approved list — traditional baked goods (cakes, breads, cookies, rolls, muffins, brownies, fruit pies, pastries); jams, jellies and other fruit preserves; candy products (fudge, lollipops, chocolates, tortes, hard candy, rock candy). Not allowed: anything TCS (foods needing refrigeration), bakery items with TCS components (cream, custard, meat fillings), fresh dairy, canned or pickled/acidified products, and any product containing cannabis.
🥧 Cottage track in Delaware
🥧 Cottage Food — Shelf-Stable Cottage food law — the shelf-stable track: preorder / pickup, never reservations.
Allowed foods: Allowed: only non-time/temperature-controlled-for-safety (non-TCS) foods on the Division's approved list — traditional baked goods (cakes, breads, cookies, rolls, muffins, brownies, fruit pies, pastries); jams, jellies and other fruit preserves; candy products (fudge, lollipops, chocolates, tortes, hard candy, rock candy).
Prohibited foods: anything TCS (foods needing refrigeration), bakery items with TCS components (cream, custard, meat fillings), fresh dairy, canned or pickled/acidified products, and any product containing cannabis.
Sales cap (cottage track): No sales cap — the Cottage Food Regulations set no gross-sales limit (no cap provision found in 16 DE Admin. Code 4458A).
Labeling (from the published steps):
- Assemble the application: owner info, product list with ingredients plus example labels, kitchen floor plan with appliances and storage areas, and venues where products will be sold
- Label every product: CFE name, product name, 'town/city, Delaware', phone or email, net weight or unit count, production date or lot number, ingredients by weight, allergens, and the statement 'This food is made in a Cottage Food Establishment and is NOT subject to routine Government Food Safety Inspections'
Where you may sell (from the published rules):
- Delaware direct sales only — no online sales, no wholesale, no out-of-state sales (early-2027 proposal would change this)
- Pass the pre-operational home-kitchen inspection, then sell direct to Delaware consumers at farmers markets and approved venues only — no online or wholesale sales (expansion coming in the proposed early-2027 update)
🌮 Street track in Delaware
🌮 Street Food — Sidewalk & Mobile
Street and mobile vendors do not cook from home kitchens — a different permit stack, and walk-up sales only.
No distinct street-vendor (sidewalk / mobile) regime is documented in Delaware's published data on this site yet — mobile food is permitted separately from home kitchens; check with the local health department.
The permit steps
- Complete an Office of Food Protection-approved food-safety course (e.g., ServSafe; course certificate required with application)
- Assemble the application: owner info, product list with ingredients plus example labels, kitchen floor plan with appliances and storage areas, and venues where products will be sold
- Private well? Attach satisfactory chemical/bacteriological water analysis (within 60 days) and DNREC sewage approval; public water and sewer need nothing further
- Submit application to the DHSS Division of Public Health (Office of Food Protection) with the $30 annual registration fee (registration year April 1–March 31)
- Pass the pre-operational home-kitchen inspection; the Division then adds you to the Delaware State Registry of Cottage Food Establishments
- Label every product: CFE name, product name, 'town/city, Delaware', phone or email, net weight or unit count, production date or lot number, ingredients by weight, allergens, and the statement 'This food is made in a Cottage Food Establishment and is NOT subject to routine Government Food Safety Inspections'
- Renew annually with a new application and fee; display the registration certificate at every venue; Delaware direct sales only — no online sales, no wholesale, no out-of-state sales (early-2027 proposal would change this)
How it works, start to finish
- Pick only shelf-stable, non-TCS products (baked goods, jams/jellies, candy) — no refrigerated, meat, dairy, canned/pickled, or cannabis items.
- Complete a food-safety course approved by the Office of Food Protection (ServSafe, Delaware DineSafe, or UD Cooperative Extension training).
- Prepare your application: business details, full product list with ingredients and sample labels, a kitchen floor plan, and the venues where you will sell.
- If you have a private well, get a satisfactory water test (within 60 days) and sewage approval; public water needs nothing further.
- Submit the application plus the $30 annual fee to the Division of Public Health, Office of Food Protection.
- Pass the pre-operational home-kitchen inspection, then sell direct to Delaware consumers at farmers markets and approved venues only — no online or wholesale sales (expansion coming in the proposed early-2027 update).
- Renew every year (April 1–March 31 cycle) and display your registration certificate at each sales venue.
Where to apply in Delaware
Official sources — start with the agency or department that runs Delaware's program:
- 16 DE Admin. Code 4458A – Delaware Cottage Food Regulations (Div. of Public Health)
- Delaware News: Gov. Meyer announces cottage-food regulatory review; updates proposed for early 2027 (9/21/2026)
- Executive Order 21 (2026): Small Business Access — directs DPH to modernize the cottage-food framework
- DHSS: Cottage Food Establishment Producer Training Information (approved training providers)
Inspection prep (general)
General prep that applies in most programs — your law guide and health department have the specifics for Delaware:
- Write your standard operating procedures: foods handled, prep methods, cleaning schedule, refuse disposal, and your time/temperature control plan.
- Complete the food safety training your program requires and keep the certificate where an inspector can see it.
- Have a calibrated food thermometer, proper cold storage, and labels that meet your program's rules.
- Keep pets out of the kitchen during production, and separate household and business ingredients.
Read the full Delaware law guide → · Check your eligibility → · Ask the guide about Delaware →
🎓 Training & money help in Delaware
- Executive Order 21 (2026): Small Business Access — directs DPH to modernize the cottage-food framework
- DHSS: Cottage Food Establishment Producer Training Information (approved training providers)
Links verified from the state's official sources and movement research — confirm current program details with the provider.