Cottage Food Laws in Delaware

moderate

Complete guide to cottage food and bakery regulations in Delaware. Updated for 2026.

General information, not legal advice. Cottage food laws change frequently — verify with the official source before launching your business. Report an error. Last verified: August 2026.

Annual Sales LimitNo statewide sales cap (the $25,000 cap was removed in December 2023)
License RequiredYes — Must obtain a home-based food processing license from the Delaware Division of Public Health.
Kitchen InspectionAn initial kitchen inspection may be required as part of licensing.
Online SalesNot allowed — Online sales are not explicitly authorized under Delaware cottage food law.

Allowed Products

  • Baked goods
  • Candy
  • Jams and jellies
  • Dry herbs
  • Popcorn

Prohibited Products

  • Cream-filled pastries
  • Meat products
  • Dairy products
  • Canned low-acid foods

Labeling Requirements

  • Name and address of the producer
  • Name of the product
  • Ingredients list
  • "This product was made in a home kitchen"

Where You Can Sell

  • Farmers markets
  • Direct from home
  • Community events

How Delaware Compares

StateSales LimitLicenseOnlineLevel
DelawareNo statewide sales cap (the $25,000 cap was removed in December 2023)YesNomoderate
Maryland$50,000 per year (rises to $100,000 on October 1, 2026 — HB 535)NoNomoderate
PennsylvaniaNo statutory annual cap (Limited Food Establishment program)YesYesmoderate
New Jersey$50,000 per year (gross)YesNorestrictive

Frequently Asked Questions

Do I need a license to sell baked goods from home in Delaware?▾

Yes. Delaware requires a home-based food processing license from the Division of Public Health.

Will my kitchen be inspected in Delaware?▾

Possibly. An initial kitchen inspection may be part of the licensing process.

Official source: Delaware DPH — Cottage Food Establishment Program

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