Selling food you made at home in Delaware
Checked against Delaware Department of Health and Social Services, Division of Public Health, Office of Food Protection on 2023-11-29.
Do you have to register?
Yes
With Delaware Department of Health and Social Services, Division of Public Health, Office of Food Protection.
Training required?
Yes
Complete it before you apply.
How much can you sell?
No stated sales limit. The old $25,000 cap was struck out and is not in the current regulation.
Fee: $30 a year per establishment. The registration year runs 1 April to 31 March.
Where you may sell
- Farmers markets
- Craft fairs
- Charitable events
- Other approved venues, with your certificate on display
- Customers collecting from your home
Posting it to customers: No. Online sales are not permitted at all, though advertising online is. Every sale is in person, inside Delaware.
Worth knowing
- You register with the Division before you sell, and again every year. Selling without being on the state register is a violation in itself.
- Delaware inspects. There is a preoperational visit to your home kitchen, you file a floor plan with the application, and if you are on a private well it has to pass coliform and nitrate testing first.
- The label must say, word for word: "This food is made in a Cottage Food Establishment and is NOT subject to routine Government Food Safety Inspections", in at least 10-point type against a contrasting background. Your address on it is only "town/city, Delaware", not your street, plus a phone number or email.
- At least one person on site during opening hours must have passed a food safety test from a programme the Office of Food Protection approves. The regulation names no renewal interval.
- Shelf-stable food only. A bake with a perishable component in the finished product, cream filling or meat, is out. So is anything containing cannabis.
- No wholesale and no selling to shops or restaurants to resell.
Where to actually sell it in Delaware
35 farmers markets and farm stands, which is one of the few places the rules above allow.
Every state
Source: Delaware Department of Health and Social Services, Division of Public Health, Office of Food Protection, read 2023-11-29.
This is a plain-English summary and not legal advice. Your city or county can add rules the state
does not, so check locally before you start.
Also read: DHSS Cottage Food Establishment programme · The approved training providers · The 2023 proposal that removed the cap and took the street address off labels · On-farm home processing, a separate route for farmers
Common questions
Do I need to register to sell food made at home in Delaware?
Yes. Delaware requires registration with Delaware Department of Health and Social Services, Division of Public Health, Office of Food Protection before you sell.
Is there a limit on what I can earn in Delaware?
No stated sales limit. The old $25,000 cap was struck out and is not in the current regulation.
Where can I sell in Delaware?
Farmers markets. Craft fairs. Charitable events. Other approved venues, with your certificate on display. Customers collecting from your home.
Can I post it to customers?
No. Online sales are not permitted at all, though advertising online is. Every sale is in person, inside Delaware.