Delaware's Cottage Food Law

Delaware permits cottage food production under its cottage food law, allowing individuals to prepare and sell certain low-risk foods made in a residential kitchen. The law applies to home-based producers selling directly to end consumers. Covered products are generally non-potentially hazardous foods, meaning items that don't require refrigeration to stay safe, such as baked goods, jams, and candy.

You can sell your cottage food products through direct-to-consumer channels, including farmers markets, roadside stands, farm stands, and your home. Online orders are permitted, which means you can take orders through a website or social media. However, shipping is not allowed, so every transaction must result in an in-person pickup or local delivery directly to the buyer.

Your annual gross sales are capped at $25,000, and you're required to obtain a permit before you start selling. Delaware's permit requirement sets it apart from more permissive states, so budget time for that application process before launch. On the positive side, the allowance for online ordering gives your business a real reach within your local area. Getting your permit in place early puts you on solid footing from day one.