
In Delaware, you can sell homemade non-perishable foods with no revenue cap — but you must register as a Cottage Food Establishment, complete a food-safety course, pay a $30 annual fee, and pass a home-kitchen inspection first. This guide covers exactly what you can sell, how to register, how to label it, and how to start.
The short version: Delaware's non-farm cottage food program has no sales cap, but it's a registration-and-inspection model. You complete a state-approved food-safety course, submit a product list, sample labels, and a kitchen floor plan, pay $30/year, and pass a state home-kitchen inspection before selling. You can sell traditional bakery items, jams, dry goods, and candies — but nothing with cream or meat fillings. Every label needs the "Cottage Food Establishment... NOT subject to routine Government Food Safety Inspections" statement.
No revenue cap for non-farm cottage operations under 16 Del. Code §4458A. (Delaware's separate On-Farm Home Processing program does have a $50,000 cap.)
| Delaware rule | Detail |
|---|---|
| Annual sales cap | None (non-farm); $50,000 for On-Farm program |
| Registration | Required (Cottage Food Establishment) |
| Fee | $30/year (fiscal year ends March 31) |
| Training | State-approved food-safety course required |
| Inspection | Required (state home-kitchen inspection) |
| Allowed foods | Non-perishable bakery, jams, dry goods, candy; no cream/meat fillings |
| Label statement | "This food is made in a Cottage Food Establishment and is NOT subject to routine Government Food Safety Inspections." |
Yes. To operate a Cottage Food Establishment you must complete a state-approved food-safety course, then register with the state — submitting a complete product list with ingredients, sample labels, and a floor plan showing appliances, prep areas, storage, and restroom facilities. Delaware then conducts a home-kitchen inspection before you begin sales. The annual fee is $30 (the fiscal year ends March 31).
Delaware allows a range of non-perishable foods. Commonly sold items include:
Not allowed:
Confirm specifics with Delaware DHSS.
Delaware labels must include:
A simple compliant label might read: *"First State Fudge — [Your Name], [Phone], [Email]. Made [date]. Ingredients: sugar, butter, chocolate, milk (contains milk). Net wt. 8 oz. This food is made in a Cottage Food Establishment and is NOT subject to routine Government Food Safety Inspections."* See our cottage food labeling guide for templates.
Registered Delaware cottage food establishments sell directly to consumers. Allowed channels include:
Because Delaware allows direct and online in-state sales with no cap, a real storefront helps you take orders and manage pickup without living in your DMs. Homegrown gives Delaware sellers an online storefront with built-in payments and pickup scheduling for $10/month at 0% commission — you keep every dollar except standard card processing. Start a free trial and have a Delaware-ready storefront live in about 15 minutes.
The non-farm program has no cap, so once you're registered and inspected, your income is limited by demand and capacity, not the law. Most successful Delaware sellers treat the registration and inspection as a one-time setup, then build a base of repeat customers. A few ways to get the most out of it:
Delaware's no-cap registration rewards treating the $30 setup as a one-time cost and then scaling on repeat custom and retail-adjacent orders.
Cottage food rules cover food safety, not the business side, and the specifics differ by state. For Delaware: Delaware has no state sales tax, but it does levy a gross-receipts/business-license fee on many businesses — check whether your operation needs one. A few more steps worth handling before you grow:
None of these are part of the cottage food registration itself, but handling them early keeps your business clean as it scales.
Always confirm current fees, the allowed-foods list, and label wording with Delaware DHSS before you start.
No revenue cap for non-farm cottage operations. The separate On-Farm Home Processing program has a $50,000 cap.
Yes. You must complete a food-safety course, register as a Cottage Food Establishment (with a product list, sample labels, and floor plan), pay $30/year, and pass a home-kitchen inspection.
Traditional bakery items, jams, jellies, dry goods, condiments, and candies. Items with cream or meat fillings and anything requiring refrigeration are not allowed.
Yes, directly to consumers within the state for pickup or local delivery, once you're registered and inspected.
Your name, phone, and email; product name; net weight; production date; allergens; ingredients in descending order; and the statement "This food is made in a Cottage Food Establishment and is NOT subject to routine Government Food Safety Inspections."
The annual fee is $30 (the fiscal year ends March 31), plus the time and cost of the required food-safety course and the home-kitchen inspection.
The non-farm Cottage Food Establishment program has no sales cap; the separate On-Farm Home Processing program has a $50,000 cap. Choose the path that matches where you produce.
Delaware asks for registration, a course, and an inspection up front, but rewards you with no sales cap. Once you're approved and your labels carry the required statement, the next step is making it easy for customers to order and pay. Set up a Homegrown storefront for Delaware cottage food orders with pickup, then compare the rules in nearby states like Maryland, Pennsylvania, New Jersey, and Virginia, or see the full cottage food laws by state hub.
*This guide is general information, not legal advice. Cottage food rules change — verify current requirements with Delaware DHSS before selling. Last verified: June 2026.*
