Selling Homemade Food in Delaware

People love fresh-baked cookies and cake right out of the oven. Yet only farmers could sell homemade food in Delaware until 2016. That’s when health department rules took effect that allow direct, in-person sales of nonperishable homemade foods that do not require refrigeration. Now, any food entrepreneur can sell home-baked items at a variety of venues in Delaware. 

Delaware cottage food laws

Many states regulate “cottage food,” meaning food made in a home kitchen for sale. Cottage food producers in Delaware may sell directly to customers, including from their homes. Allowable items include breads, candies, condiments, dry goods, pastries, jams, jellies and various snacks. Delaware caps cottage food revenue at $25,000 annually. Delaware farmers can get a separate “on-farm home processing” license that allows annual sales of up to $40,000Read more from the Forrager Cottage Food Community about Delaware cottage food rules… 

Delaware cottage food facts

Myths about cottage food abound. Here are the facts: 

  • Cottage food is safe. Critics who talk about the risk of food-borne illness give hypothetical examples of what could go wrong because real-world cases are rare or nonexistent. 
  • Cottage food is local. When neighbors trade with neighbors, money stays in the local economy. 
  • Cottage food is transparent. People who buy from a cottage food producer know what they get. If they have questions about ingredients, sourcing or safety, they can ask.
  • Cottage food creates jobs. Many homemade food producers use their income to provide for their families. Others seek a secondary or supplemental income. 
  • Cottage food empowers women. IJ cottage food research shows that most cottage food producers are women, and many live in rural areas with limited economic opportunity.
  • Cottage food expands consumer choice. Some stores simply don’t sell what you want. This is especially true if you have a gluten-free, peanut-free, halal, kosher or vegan diet. Cottage food fills market gaps, giving consumers more options.

Delaware cottage food resources 

As part of its Food Freedom Initiative, the Institute for Justice provides a variety of resources for home bakers and other food entrepreneurs. These include: 

Tell your Delaware story

Is government violating your homemade food freedom in Delaware? Do you have a potential case for IJ? Get started here… 

Support Delaware legislation

Help expand cottage food laws in Delaware by teaming with the Institute for Justice. Send an email with your name, background information and availability to get started… 

Defending homemade food freedom nationwide 

People have a right to earn an honest living without arbitrary and excessive government interference. Since 2013, the Institute for Justice has defended home bakers and chefs as part of its Food Freedom Initiative. Read about IJ’s nationwide food freedom advocacy…

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All information, content, and materials available on this site are for general informational purposes only and does not constitute legal advice. Statutes, regulations, and processes are subject to change at any time, and specific facts and circumstances could alter how they are applied. If you have questions about the regulation of cottage foods in your jurisdiction, we recommend consulting a lawyer who can help you navigate the process. 

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