Delaware's Cottage Food Law (16 Del. C. §134) allows home-baked goods, jams, and shelf-stable foods to be sold up to $40,000 annually. Registration with Delaware Department of Health required. Labeling with home kitchen disclaimer mandatory.
Delaware's Cottage Food Law at 16 Del. C. §134 and implementing regulations under the Department of Health and Social Services authorize cottage food operations in home kitchens. Permitted products include baked goods without dairy fillings, jams and jellies, honey, dried herbs and spices, roasted coffee, granola, and shelf-stable candies. Potentially hazardous foods (meat, fish, cream-filled items, refrigerated sauces) are excluded. Annual gross sales are capped at $40,000. Operators must register annually with DHSS, complete a food safety course, and label products with business name, address, ingredients (in descending order), allergen statements, net weight, and the disclaimer 'Made in a home kitchen not subject to inspection by the Delaware Division of Public Health.' Sales are limited to direct-to-consumer channels — farmers markets, roadside stands, direct delivery — not wholesale to retailers. New Castle County zoning permits cottage food as a home occupation in residential zones without special approval.
Selling non-permitted foods: cease and desist from DHSS, potential $100 to $1,000 fine per incident. Exceeding $40,000 cap: required to license as commercial operation. Labeling violations: warning then fines $50 to $250.
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