Home and Hearth BakerCottage food establishment (CFE)
16 DE Admin. Code 4458A (Cottage Food Regulations), adopted under 16 Del.C. §122(3)u.1. · 20 DE Reg. 176 (09/01/16); amended 23 DE Reg. 52 (07/01/19), 27 DE Reg. 432 (12/01/23), and a final order signed 2026-04-08 (proposed at 29 DE Reg. 675, 02/01/26; final in the May 1, 2026 Register)
Yearly sales limit
No state limit
No sales cap. The former $25,000 yearly limit was removed by 27 DE Reg. 432 (December 2023) per Forrager; the current regulation text has no dollar limit.
No sales cap. The former $25,000 yearly limit was removed by 27 DE Reg. 432 (December 2023) per Forrager; the current regulation text has no dollar limit.
Permit or registration
Yes
Cottage food establishment permit (called a registration before 2026-05-11)
Delaware Division of Public Health (DHSS), Health Systems Protection, Office of Food Protection
Fee: $30 per CFE per year (4458A 3.1.1), payable to 'State of Delaware' (application form). Plan review: no fee (application form, 2016).
Official page
Cottage food establishment permit (called a registration before 2026-05-11)
Delaware Division of Public Health (DHSS), Health Systems Protection, Office of Food Protection
Fee: $30 per CFE per year (4458A 3.1.1), payable to 'State of Delaware' (application form). Plan review: no fee (application form, 2016).
Official page
Food safety training
Yes
At least 1 employee on location during hours of operation must have passed a food safety test that is part of a program approved by the Office of Food Protection (4458A 5.0); training must include food allergy awareness (6.1.10). DPH lists providers such as University of Delaware Cooperative Extension, Delaware Tech, Delaware State University, and the Delaware Restaurant Association (ServSafe courses).
At least 1 employee on location during hours of operation must have passed a food safety test that is part of a program approved by the Office of Food Protection (4458A 5.0); training must include food allergy awareness (6.1.10). DPH lists providers such as University of Delaware Cooperative Extension, Delaware Tech, Delaware State University, and the Delaware Restaurant Association (ServSafe courses).
Where you make it
A home-style kitchen: a residential style kitchen in the permanent, primary residence of the producer (4458A 2.0). No animals or pets in the CFE during preparation, packaging, or handling (7.4). Private wells must meet State drinking water standards, with a satisfactory chemical and bacteriological test before the permit (tests within 60 days of the application accepted). Individual septic systems need DNREC approval. Homes on public water and sewer need no further evaluation (3.3).
Selling in person
Direct to consumers in Delaware 'only at a farmer's market or other approved venues' (4458A 2.0). The permit must be displayed at farmers markets, craft fairs, charitable organization functions, or other approved venues/functions (3.1.3.4). Sales from the home are not addressed (see open questions).
Phone and online orders
Online sales are not allowed. Online advertising and marketing are allowed (4458A 3.1.3.2). Phone orders are not addressed.
Delivery and shipping
Not addressed by the regulation (see open questions)
Selling out of state
No
Stores and wholesale
Not allowed: no wholesale or other sales to resellers or food establishments (4458A 3.1.3.3)
Examples you can sell
Only non-TCS (non-time/temperature control for safety) foods, and only products on the Division's approved list and on the producer's own permit (4458A 3.2.1, 3.2.2, 3.1.3.4)
- Baked goods: cakes, breads, cookies, rolls, muffins, brownies, fruit pies, and pastries (3.2.3)
- Jams, jellies, and other fruit preserves (3.2.4)
- Candy: fudge, lollipops, chocolates, tortes, hard candy, and rock candy, if the final product is non-TCS (3.2.5)
Not allowed
- TCS foods (foods that need time/temperature control for safety) (3.2.2)
- Bakery items that contain TCS components such as cream filling or meat (3.2.3)
- Products containing cannabis (3.2.6)
- Any product not on the Division's approved list or not listed on the producer's permit (3.2.1, 3.1.3.4)
The statement your labels must carry
This food is made in a Cottage Food Establishment and is NOT subject to routine Government Food Safety Inspections
In type at least 10 point.