Delaware Cottage Food Law: Labels, Limits & When You Need Nutrition Facts

Last verified 16 Sep 2026 · Sources

Once you register, Delaware lets you sell non-perishable foods made in your own kitchen directly to consumers, with no dollar cap on annual sales since the state dropped its old $25,000 ceiling in a rule change that took effect at the end of 2023. Registration costs $30 a year and requires an on-site inspection before approval. Delaware is stricter than states that allow self-certification. Every label needs the state’s own disclaimer sentence, quoted exactly, and sales stay limited to in-person, in-state transactions: no online orders, no shipping, no wholesale. A Nutrition Facts panel only becomes necessary if you add a nutrient or health claim, or move product beyond what the cottage food rule covers.

Quick facts	Delaware
Revenue cap	None (cap removed 2023)
Permit or registration	Registration + on-site inspection, $30/yr
Sales channels	Direct to consumer only, in-state
Online sales	No
Required label statement	“This food is made in a Cottage Food Establishment and is NOT subject to routine Government Food Safety Inspections.”
Nutrition Facts panel	Not required unless you make a nutrient claim
Administered by	Delaware Division of Public Health (DPH), Health Systems Protection, Office of Food Protection, Cottage Food Establishment Program
Governing law	16 Del. Admin. Code § 4458A (Cottage Food Establishment)

What Delaware lets you sell from home

Delaware’s Cottage Food Establishment (CFE) regulation, 16 Del. Admin. Code § 4458A, defines a cottage food product as a food that is not time/temperature control for safety (non-TCS), meaning it doesn’t need refrigeration to stay safe from pathogen growth (§ 4458A-2.0). In practice that covers baked goods without cream or custard fillings (cakes, breads, cookies, rolls, muffins, brownies, fruit pies, pastries), jams, jellies and fruit preserves, and non-chocolate-dipped candy such as fudge, hard candy, and rock candy, along with shelf-stable staples like dried herbs, roasted nuts, and popcorn. A recipe that uses a TCS ingredient, like raw eggs, is fine as long as the finished product is shelf-stable. Cannabis and any cannabis-derived ingredient are explicitly off-limits. Only foods on the Division’s approved cottage food list may be made in a registered CFE. Check with the Office of Food Protection before committing to a recipe that isn’t clearly non-TCS.

Permits, registration, and the revenue cap

You register with DPH’s Cottage Food Establishment Program before selling anything. The application asks for the establishment’s address, contact information, and the specific foods you plan to produce, and DPH requires an on-site inspection of the home kitchen before approving the registration (§ 4458A-3.0). The fee is $30 a year, payable to the State of Delaware, and registrations run on a fixed cycle (April 1 through March 31), with a new application and fee required annually, even for a mid-year start. The rule also sets a food safety training requirement (§ 4458A-5.0) and, once you’re operating, calls for your registration certificate on display at every sales venue, immediate reports of certain employee illnesses to the Division, and a written recall plan on file (§ 4458A-4.0).

The revenue cap is gone. Through 2023, § 4458A capped gross annual sales at $25,000. A final regulatory order published December 1, 2023 (27 DE Reg 432) removed that ceiling entirely, following a proposal published two months earlier (27 DE Reg 238, October 1, 2023) that also added sesame to the mandatory allergen list and dropped the requirement to print an owner’s full home address on labels. As of this writing, Delaware’s rule sets no dollar limit on how much a registered CFE can sell in a year.

Where you can sell

Delaware’s cottage food exemption is built around direct, in-person sales. The regulation’s own definition limits a cottage food product to one “offered for sale directly to consumers and only at a farmer’s market or other approved venue” (§ 4458A-2.0): farmers markets, craft fairs, charitable-organization functions, and other venues the Division signs off on, with the registration certificate displayed at each one. Not covered: online ordering, mail or shipped orders, wholesale accounts, consignment at a retail store, or any sale crossing into another state. You can advertise online, but the transaction and handoff have to happen in person, in Delaware, at an approved venue.

What has to be on the label

Every package needs a label with, per 16 Del. Admin. Code § 4458A-8.0:

The name of the cottage food establishment
The name of the product
The town or city in Delaware where the CFE is located
A phone number and/or email address for the CFE
Net weight or unit count
The production date, or a lot number tied to production
Ingredients listed in descending order by weight (or made available to the consumer on request if label space is limited)
The common or usual name of each major food allergen present, including sesame, unless it’s already part of an ingredient’s name
The required disclaimer, quoted exactly

“This food is made in a Cottage Food Establishment and is NOT subject to routine Government Food Safety Inspections.”

(16 Del. Admin. Code § 4458A-8.0)

The regulation sets a specific type-size floor: all label text, including the disclaimer, must appear in type at least 10 points high, in a color that provides clear contrast against the label’s background.

When you need a Nutrition Facts panel

Cottage food sold under Delaware’s registration is exempt from FDA nutrition labeling until one of two things happens. First, a nutrient content or health claim: the moment a label, a farmers-market sign, or a social caption says something like “low sugar” or “high protein,” that claim needs numbers behind it in a compliant 21 CFR 101.9 format. The exemption doesn’t travel with the claim, wherever it’s made. Second, the sales channel: since Delaware’s rule only covers direct, in-person, in-state sales, anything moving into wholesale, retail, shipping, or an out-of-state buyer sits outside § 4458A and needs standard commercial food labeling, Nutrition Facts included.

If a “low sugar” sign at your market table brings the panel into play, building it from your own recipe means the numbers match what’s in the package. Enter your recipe, then see your label: the calorie count, the nutrient content claims you qualify for and your allergen line show free, no card required, while every other value and %DV stays hidden until you unlock it. $29 unlocks every other nutrient value and %DV, every FDA format your product qualifies for, the ingredient statement and the allergen declaration, ready to print, or send us the recipe and we build it (done-for-you, $249, within 5 business days). Start your label, or compare Delaware with other states on the cottage food laws hub.

Delaware cottage food FAQ

Do I need a permit to sell homemade food in Delaware?

Yes. Delaware calls it registration, not a license, but it works like a permit: you file an application with the Division of Public Health, pay $30 a year, and pass an on-site inspection of your home kitchen before you're approved (16 Del. Admin. Code § 4458A-3.0).

Is there a revenue cap for Delaware cottage food sales?

No. Delaware removed its $25,000 annual gross sales cap in a final regulatory order that took effect in late 2023 (27 DE Reg 432, Dec. 1, 2023). There's currently no dollar limit on cottage food sales in the rule.

Can I sell my Delaware cottage food online or ship it?

No. The regulation defines a cottage food product as one sold directly to consumers, in person, at a farmers market, craft fair, or other Division-approved venue (16 Del. Admin. Code § 4458A-2.0). Online sales, mail order, and wholesale or retail placement aren't part of the exemption.

What exact wording does my Delaware cottage food label need?

The rule requires this sentence, word for word: "This food is made in a Cottage Food Establishment and is NOT subject to routine Government Food Safety Inspections" (16 Del. Admin. Code § 4458A-8.0), in type at least 10 points high with a color that contrasts clearly against the label background.

Can I make cheesecake, quiche, or other refrigerated foods under Delaware's cottage food rule?

No. Delaware's cottage food product is defined as a food that doesn't require time/temperature control for safety (non-TCS). Anything that needs refrigeration to stay safe (most dairy fillings, meat, and cut produce) falls outside the exemption.

Does my Delaware cottage food label need my home address?

Not anymore. The December 2023 rule change dropped the requirement to list your name and full home address; your label now only needs to show the cottage food establishment's town or city in Delaware, along with a phone number or email.

Nearby states

Selling into a neighboring state means that state’s rules apply there: Maryland, New Jersey, Pennsylvania. See the full state-by-state table.

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