Delaware — the rules
Selling Food From Home in Delaware: Cottage Food Rules (2026)
Yes — you can legally sell food made in your home kitchen in Delaware, under the Cottage Food Establishment (CFE) Program (16 DE Admin Code 4458A). There is no state sales cap on the books. Here is exactly what that means.
Delaware at a glance
| Home food sales | Allowed |
| Program | Cottage Food Establishment (CFE) Program (16 DE Admin Code 4458A) |
| Annual sales cap | None specified |
| Sales channels | Direct to consumers (see details — many direct-only states still allow online orders with delivery) |
| Approximate fee | $30 |
What foods are covered
Non-potentially-hazardous foods: traditional bakery items (cakes, breads, cookies, fruit pies - no cream or meat fillings), jams/jellies, candies, condiments, dry goods and snacks. Direct sales only within Delaware (farmers markets, craft fairs, events); online sales are explicitly not permitted (online advertising is allowed); no wholesale or sales to resellers/food establishments. The former $25,000 annual sales cap was removed in the December 2023 amendment - no cap in the current regulation. A separate On-Farm Home Processing permit (for farmers) has its own $50,000 cap.
Permits and registration
Annual registration with the Division of Public Health, Office of Food Protection: $30/year fee (registration year April 1 - March 31), product list and labels approved at registration, and one or more preoperational home-kitchen inspections by the Division; complaint-based inspections thereafter. Batch/sales records must be kept.
Going legal in Delaware: the plate-seller checklist
- Read the primary source (linked below) — caps and food lists are specific and they change.
- Label honestly — most programs require your name, address or registration, and a made-in-a-home-kitchen disclosure on packaging.
- Get your free EIN at irs.gov and open a separate account for food money.
- Take payment at order time — prepaid orders with a weekly cutoff are how home sellers stay profitable AND within caps.
- Build the storefront — a menu page, order-ahead with cutoffs, your own business line. Our free guide covers the whole playbook.
Sources and verification
Verified 2026-07 against: regulations.delaware.gov · dhss.delaware.gov. Rules change — confirm with the primary source before acting; this guide is information, not legal advice.
Questions people ask
Is it legal to sell food from home in Delaware?
Yes — under Cottage Food Establishment (CFE) Program (16 DE Admin Code 4458A). Allowed foods and channels are specific; check the primary source.
How much can you sell under Delaware's cottage food law?
Delaware does not specify a state sales cap in the current rules.
Do you need a permit to sell food from home in Delaware?
Annual registration with the Division of Public Health, Office of Food Protection: $30/year fee (registration year April 1 - March 31), product list and labels approved at registration, and one or more preoperational home-kitchen inspections by the Division; complaint-based inspe