2026 guide

Cottage food laws in Delaware (2026).

Sales caps, label requirements, shipping rules, and what you can sell from your home kitchen.

Annual cap

$40,000

Online orders

Allowed

Shipping

No

Permit

Registration

The short version

You can sell up to $40,000 per year in Delaware. Cross that and you'll need a commercial kitchen or a higher-tier license. Shipping is not allowed — in-state delivery or in-person only. Online orders are fine. Farmers markets, roadside stands, and direct delivery.

What you can sell in Delaware

Cottage food laws generally allow non-potentially-hazardous foods — items that don't require refrigeration for safety. Common allowed items include:

Items requiring refrigeration (cream pies, cheesecakes, meat) are typically prohibited. Confirm specifics with your state agency.

Every label in Delaware must include

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What if I exceed the $40,000 cap?

Crossing Delaware's annual cap typically means moving to a commercial kitchen, getting a wholesale food manufacturer license, or splitting your business. The state can audit — keep clean sales records. Siftii tracks your year-to-date total against the $40,000 cap and warns you before you cross it.

Frequently asked questions

+ What's the cottage food sales limit in Delaware for 2026?

In 2026, Delaware caps cottage food sales at $40,000 per year. Exceed it and you need a commercial kitchen or higher-tier license.

+ Do I need a permit to sell baked goods from home in Delaware?

Yes. Delaware requires registration with the state before selling.

+ Can I ship baked goods from Delaware?

No. Delaware prohibits shipping cottage food. In-state delivery or in-person sales only.

+ Can I take online orders in Delaware?

Yes. You can take orders online for in-person pickup or delivery (and shipping where allowed).

+ What has to be on my label?

Delaware requires: Producer name & address; Product name; Ingredients; Allergens; Net weight; Made in a home kitchen that is not subject to routine government food safety inspection..

+ Is this legal advice?

No. This page summarizes public guidance. Confirm details with the Delaware Department of Agriculture or Health before selling.

Nearby states

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Informational only — not legal advice. Last reviewed 2026. Verify with the Delaware Department of Agriculture or Health before selling.