warebythe delaware cottage food law, in plain english
what you can sell from your home kitchen in delaware, who you register with, where you can sell, and what the label has to say. checked against the state’s own pages on october 14, 2026.
on this page
1at a glance2what you can sell3how to start4where you can sell5labels6what’s changed7good to know8questions9sourcesyes, you can bake at home and sell in delaware with a cottage food establishment permit from the division of public health. it costs $30 a year, you need a food safety course with a test (like servsafe), and the state checks your kitchen before you can start. there’s no sales cap, but you can only sell directly to customers inside delaware, at places like farmers markets and craft fairs. you can advertise online, but online sales, shipping and selling to stores aren’t allowed.
delaware cottage food rules at a glance
| the law | delaware cottage food regulation (16 delaware administrative code 4458a (cottage food regulation)) |
|---|---|
| who runs it | delaware division of public health, office of food protection |
| registration | yes cottage food establishment permit ($30 a year). renewed every year (permits run april 1 to march 31) |
| kitchen inspection | yes |
| training | yesa food safety course with a passing test from a program the office of food protection approves, like servsafe |
| yearly sales cap | no sales cap |
| selling from your home | unclearthe rules name farmers markets and other approved venues; list home pickup on your application and ask |
| selling at farmers markets and events | yesfarmers markets, craft fairs and charity events; show your permit |
| selling online orders | noyou can advertise online, but you can’t sell online |
| selling delivering it yourself | unclearthe rules don’t address delivery; every sale has to go straight to the buyer in delaware |
| selling shipping within the state | noonline sales aren’t allowed, and sales must go straight to the buyer with no middleman |
| selling shipping to other states | nosales have to stay inside delaware |
| selling to stores, cafes and restaurants | nono sales to stores, restaurants or other resellers |
what can you sell from home in delaware?
you can sell
- cakes, cookies and brownies
- breads, rolls and muffins
- fruit pies and pastries
- jams, jellies and fruit preserves
- fudge, chocolates and hard candy
- lollipops and rock candy
you can’t sell
- cream-filled baked goods
- baked goods with meat
- anything that needs refrigeration
- anything with cannabis, thc or cbd
- foods not on the division’s approved list
these are examples, not the full list. check the delaware division of public health, office of food protection before you sell something new.
how do you start a cottage food business in delaware?
- get your permit: a cottage food establishment permit from the delaware division of public health, office of food protection. it costs $30 a year. you renew it every year (permits run april 1 to march 31). start here.
- get your kitchen inspected.
- take the training: a food safety course with a passing test from a program the office of food protection approves, like servsafe.
- label everything the way the law asks (below).
- start selling in the ways delaware allows, and keep track of your sales if there’s a cap.
where and how can you sell in delaware?
| from your home | unclearthe rules name farmers markets and other approved venues; list home pickup on your application and ask |
|---|---|
| at farmers markets and events | yesfarmers markets, craft fairs and charity events; show your permit |
| online orders | noyou can advertise online, but you can’t sell online |
| delivering it yourself | unclearthe rules don’t address delivery; every sale has to go straight to the buyer in delaware |
| shipping within the state | noonline sales aren’t allowed, and sales must go straight to the buyer with no middleman |
| shipping to other states | nosales have to stay inside delaware |
| to stores, cafes and restaurants | nono sales to stores, restaurants or other resellers |
on wareby, food is always pickup or delivery by the shop, never a courier and never shipped, which fits the rules in every state. how to sell food online from home.
what goes on a cottage food label in delaware?
“This food is made in a Cottage Food Establishment and is NOT subject to routine Government Food Safety Inspections”
the statement delaware requires on your label
the label also needs:
- business name
- product name
- your town or city and “delaware” (not your full address)
- phone number or email
- net weight or count
- production date or lot number
- ingredients, in order by weight
- allergens, including sesame
- at least 10-point type
what’s changed in delaware, and what’s coming?
| when | what |
|---|---|
| may 11, 2026 | the registration was renamed a permit and the rule was cleaned up; the $30 fee and sales rules didn’t change |
| december 11, 2023 | the $25,000 yearly sales cap was removed, labels now show your town instead of your full address, and sesame was added as an allergen |
what else should you know in delaware?
- list every product and every place you’ll sell on your application: you can only make what’s on your permit, and you show the permit wherever you sell.
- keep records for each batch (product, date, lot number, where you sold it) for 3 years, plus a written recall plan.
- if you use a private well, you need a water test from within 60 days of applying.
- if you own a farm, the delaware department of agriculture has a separate on-farm home processing permit for $25 a year.
questions people ask
do i need a license to sell baked goods from home in delaware?
yes. delaware requires a cottage food establishment permit from the delaware division of public health, office of food protection, with a kitchen inspection.
can i sell cottage food online in delaware?
no. you can advertise online, but you can’t sell online.
can i ship cottage food in delaware?
not within delaware: online sales aren’t allowed, and sales must go straight to the buyer with no middleman. shipping to other states isn’t allowed either.
how much can i sell from home in delaware?
there’s no yearly sales cap.
can i sell to stores or coffee shops in delaware?
no. no sales to stores, restaurants or other resellers.
what can’t i sell from home in delaware?
the usual no’s: cream-filled baked goods, baked goods with meat, anything that needs refrigeration, anything with cannabis, thc or cbd, foods not on the division’s approved list. check with the delaware division of public health, office of food protection before you sell something new.
sources
- 16 delaware administrative code 4458a, cottage food regulation (current text)
- delaware division of public health: cottage food establishment program
- delaware register: final order, 29 de reg 938 (may 1, 2026)
- delaware register: proposed amendments to 4458a (february 1, 2026)
- delaware register: final order, 27 de reg 432 (december 1, 2023)
- delaware register: final order, 20 de reg 176 (september 1, 2016)
- dph: application for registration to operate a cottage food establishment
- dph: information sheet for cottage food establishments
- dph: cottage food establishment producer training information
- delaware department of agriculture: on-farm home processing permit application
- forrager: delaware cottage food law
this is general information to help you get started, not legal advice. we checked it against delaware’s own pages on october 14, 2026, and laws change, so confirm with the delaware division of public health, office of food protection (and your city or county) before you sell. spot something out of date? email hello@shopwareby.com.
we sold cinnamon rolls from home as minnesota cottage food producers before we opened a licensed kitchen and built wareby. our story