Delaware cottage food law

The rules at a glance

Cottage Food Establishment Program

• Unattended honesty stand?

  Not addressed

  The regulation doesn't mention unattended, self-serve or honor-system stands.

• Sign up with the state?

  Yes

  Annual $30 permit. The permit must be displayed at sales venues.

  Source

  • Producers seeking a CFE permit must apply to the Division demonstrating that they meet the requirements set forth in this regulation16 Del. Admin. Code 4458A, Cottage Food Regulation (PDF)
  • A person may not operate a CFE without a valid permit to operate issued by the Division16 Del. Admin. Code 4458A, Cottage Food Regulation (PDF)
  • Annual permit fees will be in the amount of $30 per CFE16 Del. Admin. Code 4458A, Cottage Food Regulation (PDF)
  • Display the permit at the farmers markets, craft fairs, charitable organization functions, or any other approved venue where cottage foods are sold16 Del. Admin. Code 4458A, Cottage Food Regulation (PDF)

• Food safety class?

  Yes

  At least one person on site must pass an approved food safety test.

  Source

  • At least 1 employee during hours of operation shall be on location and have shown proficiency in food safety through passing a test that is part of a program approved by the Office of Food Protection16 Del. Admin. Code 4458A, Cottage Food Regulation (PDF)
  • Proof of completion of training that satisfies Section 5.0 of this regulation16 Del. Admin. Code 4458A, Cottage Food Regulation (PDF)

• Kitchen inspection?

  Yes

  Before a permit is issued, and again after complaints or illness.

  Source

  • up to and including the on-site inspection, the Division shall add the producer to the Delaware State Registry of Cottage Food Establishments16 Del. Admin. Code 4458A, Cottage Food Regulation (PDF)
  • Additional inspections may be conducted in response to complaints, reports of food-borne illness, or other situations as deemed necessary by the Division16 Del. Admin. Code 4458A, Cottage Food Regulation (PDF)

• Yearly sales limit

  No limit

  The regulation sets no yearly sales cap.

  Source

  • CFE are only permitted to engage in direct sales with consumers in the State of Delaware without the use of an independent retailer or other intermediary16 Del. Admin. Code 4458A, Cottage Food Regulation (PDF)

• Foods that need a fridge?

  No

  Only non-TCS foods. Baked goods with TCS components such as cream filling or meat are not allowed.

  Source

  • Production of food in a CFE is limited to foods that are non-TCS16 Del. Admin. Code 4458A, Cottage Food Regulation (PDF)
  • "Cottage food products" means a non-time/temperature controlled for safety food as specified in this regulation that is offered for sale directly to consumers and only at a farmer's market or other approved venues16 Del. Admin. Code 4458A, Cottage Food Regulation (PDF)
  • Bakery items which as a finished product contain components (such as cream filling, meat, etc.) which meet the definition of TCS are not allowed16 Del. Admin. Code 4458A, Cottage Food Regulation (PDF)

• Take orders online?

  No

  Online sales are not permitted. Advertising and marketing online are allowed.

  Source

  • Online sales are not permitted. Online advertising and marketing are permitted16 Del. Admin. Code 4458A, Cottage Food Regulation (PDF)

• Ship or mail orders?

  No

  Direct sales only, without an independent retailer or other intermediary.

  Source

  • CFE are only permitted to engage in direct sales with consumers in the State of Delaware without the use of an independent retailer or other intermediary16 Del. Admin. Code 4458A, Cottage Food Regulation (PDF)
  • that is offered for sale directly to consumers and only at a farmer's market or other approved venues16 Del. Admin. Code 4458A, Cottage Food Regulation (PDF)

• Sell through shops?

  No

  No retail stores, resellers or wholesale. Direct sales only.

  Source

  • Wholesale or other sales to resellers or food establishments are not permitted by a CFE16 Del. Admin. Code 4458A, Cottage Food Regulation (PDF)
  • CFE are only permitted to engage in direct sales with consumers in the State of Delaware without the use of an independent retailer or other intermediary16 Del. Admin. Code 4458A, Cottage Food Regulation (PDF)

What goes on the label