Do you need a license to sell food in Delaware

Posted by Damian Roberti on

Do you need a license to sell food in Delaware


 Over the course of more than a decade, the Delaware cottage food law was unavailable to anybody but farmers. New regulations were drafted and put into effect by the health department in September of 2016, making it possible for a substantially larger number of people to launch a "cottage food establishment" (CFE) from within their own homes. Do you need a license to sell food in Delaware

Although there have been significant expansions made to the cottage food regulation in recent years, it is still regulated in many different ways. To begin, the procedure for setting a shop and the first prerequisites are both fairly involved and time-consuming; nevertheless, registering with the health department is only thirty dollars' worth of work. The maximum amount that can be sold is $25,000, and only direct (person-to-person) transactions are permitted. The list of permitted foods is quite large; nonetheless, there are some kinds of food that would need to be checked in a laboratory.

Do you need a license to sell food in Delaware

If you are a farmer or raise the primary ingredient that goes into your products, it may be more beneficial for you to obtain a home processing license that allows you to do the processing on your farm. If you have this license, you can sell up to $40,000 worth of items annually as opposed to only $25,000, and the procedure of setting up shop is simpler all around. The on-farm license, on the other hand, necessitates a home inspection in addition to an eight-hour food safety training course, and it under no circumstances permits the presence of pets in the dwelling.

Listing of Contents (Table of)
Restrictions on the Foods That Can Be Sold
BusinessLabelingWorkplaceResourcesForum\sSelling Where else can you sell the food that you've cooked at home?
Allowed Locations for Events Venues Farmers' market roadside stands
Services That Are Allowed
Delivery Home Pickup
Locations that are Blocked Off
OnlineRestaurantsRetail shops
Services Which Are Not Permitted



Do you need a license to sell food in Delaware

You are required to put a copy of your registration in a visible location at each of your sales locations.


Foods that are all right to eat What kinds of edible items do you have in your home that you could sell?
Breads Brownies Cakes Cookies Muffins Rolls Scone Toffee bread and candy
Other Chocolate-Fudge Preserves as well as Other Preserves
Jellies and Conserves
Caramel corn
Nuts & seeds
Foods That Cannot Be Consumed Popcorn
Products of the baking industry that are perishable
It's possible that there are even more foods on the banned list, but the ones up top have been verified.

Do you need a license to sell food in Delaware

Baked products, candies, jams, jellies, and other types of fruit preserves are the only kinds of food that are expressly permitted under the law. On the other hand, various non-PHFs, also known as non-TCS, might be permitted; therefore, you should get in touch with the health authority to find out whether or not a certain product can be manufactured. Before being given the go-ahead to be sold, certain categories of food items are required to pass inspection in a laboratory.

Only "non-potentially hazardous" food are permitted, but even then, some "non-PHF" foods might not be permitted. The vast majority of foods that do not require refrigeration (items that do not contain meat, dairy, etc.) are not thought to pose a significant health risk. Discover more.
Limitations In what ways will your homemade food company be limited?
There is a strict prohibition against operating commercial kitchens.
Only direct sales are allowed. It is against the law to sell over state lines. Activity that is only allowed at home with pets Home base or primary house Sales limit
There may be further restrictions, but only those listed above have been verified.

Do you need a license to sell food in Delaware

There is a $25,000 annual cap placed on sales.
business What steps are required to start a food business from your own home?


At the time of registration, you will be required to fill out an application. There will be a $30 charge to register, and registration will need to be renewed on an annual basis.

At all points of sale, the registration must be prominently displayed.

Plan Review

At the time of your initial registration, you will be required to submit a plan review, which should include the following items:

Details about individuals and their businesses
A list of the foods and components that are produced and used
List of sales venues
Tests of products as evidence of training (if needed)
information about the sewage and water supply systems presented on labels as examples
Facility inspection for the kitchen as well as the CFE
The floor plan of the room is being recalled (see below)

You are required to submit a new design for evaluation if you make changes to your home kitchen, whether those changes involve remodeling, adding on to the kitchen, or changing the layout.

Do you need a license to sell food in Delaware

The Kitchen Is Being Inspected

Before you can begin operating your business, the local health agency will come and evaluate your kitchen.

Education Regarding Food Safety

You are required to complete a training program that is recognized in the field of food safety.

Records of Products

You are required to keep records for manufacturing as well as sales, and you have at least three years to keep these documents.

Plan for Callback

In the event that there is a risk to the general population's health, you need to devise a backup strategy for how you will go about recalling products.

Testing Done on Private Wells

If you have a private water supply, you are responsible for having it tested to ensure that it is safe to drink. The tests have to be taken within sixty days of the date listed on the registration application.

Do you need a license to sell food in Delaware

Tests Conducted on Private Sewers

If you have a personal sewer system, you need to get it inspected often to ensure that it is in good working order. Trying to contact the Department of Natural Resources and Environmental Control in order to obtain a test is a possibility. The tests have to be taken within sixty days of the date listed on the registration application.

How are items made from cottage food labelled?
Label Requirements
location of a business Date of production: Statement including the following information: business nameingredientsnet quantityemail addressphone numberproduct name
Cookies with Sample Labels Containing Chocolate Chips

""Since this food was prepared in a home kitchen, it was NOT submitted to the routine food safety inspections that are required by the government" (10-point type)

enriched flour (wheat flour, malted barley flour, niacin, iron, thiamin mononitrate, riboflavin, folic acid), butter (cream, salt), semi-sweet chocolate (sugar, chocolate, cocoa butter, milkfat, soy lecithin, natural flavors), brown sugar, granulated sugar, eggs, vanilla extract (vanilla bean extract, alcohol, sugar), baking soda, and salt (salt, calcium silicate)

Workplace Do we need to meet any regulations for our house kitchen?

Do you need a license to sell food in Delaware

You are required to keep a thermometers in the refrigerator at all times if any of the components of your dish require cold storage (for example, eggs).

The department of health has developed instructions for properly washing dishes and hands to prevent the spread of disease.

The regulations detail many of the standards that must be followed in the workplace.


Do you need a license to sell food in Delaware