Credit: Keelworks Legal Research
https://keelworks.org
Delaware Cottage Food Laws

1. Overview
   Delaware Cottage Food Laws allow individuals to prepare and sell non-potentially hazardous
   (non-TCS) foods from their home kitchens. These foods do not require refrigeration for safety.
   The law supports small-scale food entrepreneurs while ensuring food safety, labeling, and
   recordkeeping requirements are followed.
2. Licensing and Registration Requirements
    Operators must apply for a Cottage Food Establishment (CFE) registration and pay
   a $30 application fee.
    Completion of an approved food safety training program is mandatory.
    If using a private water supply (well), water testing is required to confirm safety.
    Local business license requirements must also be verified.
3. Allowed Cottage Food Products
   Permitted foods include non-hazardous, shelf-stable items, such as:
    Breads, rolls, biscuits, muffins, cookies
    Non-cream pastries and cakes
    Candies and confections
    Jams, jellies, and preserves
    Dried fruits, herbs, seasonings
    Granola, trail mix, popcorn, nuts, and vinegar
   These foods must not require refrigeration for safety.
4. Prohibited Foods
   Foods that are potentially hazardous or require temperature control (TCS) are prohibited.
   Examples include:
    Dairy-based products requiring refrigeration

 Meat, poultry, seafood products
 Low-acid canned foods
 Cream-filled pastries or cheesecakes
These foods present higher microbial risks and require licensed commercial facilities.

5. Income Limitations
   Cottage food operators in Delaware are limited to $25,000 in annual sales, encouraging growth
   into licensed commercial operations once this limit is exceeded.
6. pH and Food Safety Requirements
    Food acidity is measured by pH level.
    Foods with pH below 4.6 are considered safe and less likely to support bacterial growth.
    Testing may be required if acidity levels are unknown.
    Acidic foods such as fruit-based products are generally allowed.
7. Labeling Requirements
   All cottage food products must be properly labeled with:
    Name of cottage food establishment
    Product name
    Producer’s name, address, phone, and email
    Net weight or quantity
    Ingredient list (in descending weight order)
    Allergen declaration (milk, eggs, wheat, soy, nuts, etc.)
    Production date or lot number
    Required statement:
   “This food is made in a Cottage Food Establishment and is NOT subject to routine
   Government Food Safety Inspections.”
8. Sales and Distribution Restrictions
    Products must be sold directly to consumers (direct-to-consumer sales only).
    Wholesale and retail resale are not permitted.

 Online sales are allowed, but products must be delivered directly to customers within
Delaware.

9. Food Safety Training and Best Practices
   Operators must complete food safety training covering food handling, processing, and
   packaging. Key safety practices include:
    Maintaining clean and sanitized work areas
    Preventing cross-contamination
    Practicing good personal hygiene
    Proper ingredient storage and handling
    Preventing pest contamination
10. Recordkeeping Requirements
    Maintaining accurate records helps with traceability and safety. Important records include:
     Recipes and preparation procedures
     Production dates and batch codes
     Sales records and locations
     Ingredient tracking and batch identification
    This helps identify and respond to any food safety concerns.
11. Liability Insurance
    Although not mandatory, liability insurance is strongly recommended to protect against
    potential legal claims related to food safety or customer illness.
12. Business Growth Opportunity
    The cottage food law provides an opportunity for entrepreneurs to start small. Once production
    or income increases, operators can transition to licensed commercial food production facilities.
    Link: https://cottagefoodlaws.com/delaware-cottage-food-laws/

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