Yes, Delaware permits limited home-based food sales under specific statutes, but strict compliance with state and county health codes is mandatory. The Delaware Cottage Food Law (Title 16, Chapter 30, §3008) allows non-perishable items like baked goods and jams to be sold without a commercial kitchen, provided labeling meets FDA requirements. Local jurisdictions, such as New Castle County’s 2024 health ordinance amendments, may impose additional permitting fees or inspections for high-volume operations. Sellers must register annually with the Delaware Division of Public Health (DPH) and adhere to labeling mandates, including allergen declarations and net weight statements.
Key Regulations for Selling Homemade Food in Delaware
- Permitted Foods: Only low-risk, non-perishable items (e.g., bread, honey, dried herbs) are exempt from commercial kitchen requirements under the Cottage Food Law. Perishable goods (e.g., cream pies, meat-based products) require a licensed kitchen.
- Labeling Requirements: All packages must include the seller’s name/address, product name, ingredients (with allergens bolded), net weight, and the disclaimer: “This product is home-produced and not subject to state inspection.”
- Local Oversight: Counties like Kent and Sussex enforce additional zoning restrictions; New Castle County’s 2026 draft ordinance proposes mandatory annual inspections for sellers exceeding $10,000 in annual revenue.