This is general information, not legal or tax advice. Permit and tax rules change, and your situation may differ. Always confirm current requirements with the official state agency linked in this guide, and consult a licensed attorney or tax professional for advice about your specific business.Last verified against official state sources: 2026-06-12
Yes: register your home kitchen as a Cottage Food Establishment with DPH before selling. The application includes your product list, sample labels, processes, a kitchen floor plan, proof of food safety training, and planned venues, followed by a preoperational home inspection, with the $30 fee due at approval and annual renewal. Display the registration certificate everywhere you sell.
Yes: at least one person who has passed an Office of Food Protection-approved food safety test must be on location during operations, with proof submitted at registration.
Non-TCS foods on the Division's approved list: cakes, breads, cookies, muffins, pastries, fruit pies without cream fillings, jams, jellies, fruit preserves, and candies including fudge, chocolates, and hard candy. The on-farm program adds dried produce, herbs, honey mixtures, and roasted nuts.
Anything TCS, baked goods with cream fillings or meat, products not on the approved list, and anything containing cannabis.
Direct to consumers within Delaware only, at farmers markets, craft fairs, charitable functions, and other Division-approved venues. Online marketing is allowed but online sales and shipping are prohibited, as are wholesale, restaurant, retail, and out-of-state sales.
Annual sales cap: none for cottage establishments (the $25,000 cap was repealed effective December 11, 2023, which most older guides still cite); the on-farm permit carries a $50,000 cap.
Labels need: the establishment name, product name, your town or city plus Delaware (the full home address requirement was dropped in December 2023), phone or email, net weight or count, production date or lot number, ingredients by weight, allergens including sesame, and in at least 10-point contrasting type: 'This food is made in a Cottage Food Establishment and is NOT subject to routine Government Food Safety Inspections.'
Delaware has no sales tax, so nothing is collected at the booth, but food sellers still need the Delaware general business license and are subject to gross receipts tax (the monthly exclusion means most small sellers owe little, but licensing and filing still apply; the handmade-crafts carve-out does not extend to food).
The program is uniform statewide through DPH; venues must be Division-approved, and local zoning or HOA rules can affect home businesses.
Operating without registration can trigger an immediate closure order; DPH can suspend a registration for imminent hazards, with fines of $25 to $150 per offense.
Selling non-food crafts too? See the Delaware craft fair permit and sales tax guide.
Yes, under Delaware Cottage Food Regulations (16 Del. Admin. Code 4458A, current version effective December 11, 2023); a separate On-Farm Home Processing permit exists for farmers. Yes: register your home kitchen as a Cottage Food Establishment with DPH before selling. The application includes your product list, sample labels, processes, a kitchen floor plan, proof of food safety training, and planned venues, followed by a preoperational home inspection, with the $30 fee due at approval and annual renewal. Display the registration certificate everywhere you sell.
Non-TCS foods on the Division's approved list: cakes, breads, cookies, muffins, pastries, fruit pies without cream fillings, jams, jellies, fruit preserves, and candies including fudge, chocolates, and hard candy. The on-farm program adds dried produce, herbs, honey mixtures, and roasted nuts. Anything TCS, baked goods with cream fillings or meat, products not on the approved list, and anything containing cannabis.
Yes: none for cottage establishments (the $25,000 cap was repealed effective December 11, 2023, which most older guides still cite); the on-farm permit carries a $50,000 cap.
Direct to consumers within Delaware only, at farmers markets, craft fairs, charitable functions, and other Division-approved venues. Online marketing is allowed but online sales and shipping are prohibited, as are wholesale, restaurant, retail, and out-of-state sales.
Labels need: the establishment name, product name, your town or city plus Delaware (the full home address requirement was dropped in December 2023), phone or email, net weight or count, production date or lot number, ingredients by weight, allergens including sesame, and in at least 10-point contrasting type: 'This food is made in a Cottage Food Establishment and is NOT subject to routine Government Food Safety Inspections.'
Delaware has no sales tax, so nothing is collected at the booth, but food sellers still need the Delaware general business license and are subject to gross receipts tax (the monthly exclusion means most small sellers owe little, but licensing and filing still apply; the handmade-crafts carve-out does not extend to food).
Browse upcoming craft fairs and markets in Delaware with booth fees and application deadlines, and use the booth ROI calculator to plan a profitable season.
Last verified: 2026-06-12. Spotted something out of date? Let us know.