Delaware Cottage Food Label Requirements
Cottage Food Establishment (CFE) permit — 16 DE Admin. Code 4458A Cottage Food Regulation (DPH Office of Food Protection), as amended 29 DE Reg. 938 (eff. May 2026)
Registration
Required
Mandatory CFE permit from DPH Office of Food Protection before any sale (4458A §3.3.4, §9.1): $30 annual permit fee, permit year April 1–March 31, renewed annually (§3.1.1, §3.1.2, §3.4). Application includes products, ingredients and example labels, a kitchen floor plan, venues, proof of approved food-safety training (§3.3.1.1, §5.0); the Division conducts a preoperational on-site inspection and may inspect on complaint (§1.6, §3.3.2). Private wells need a passing water test (§3.3.6). Only products on the Division's approved list and listed on the permit may be made (§3.1.3.4, §3.2.1). Until the May 2026 amendment the permit was called a "registration" — older forms still use that word.
Annual sales limit
none — no annual dollar cap appears in 16 DE Admin. Code 4458A or on the DPH CFE program page (argument from silence)
Where you can sell
Direct sales to consumers within Delaware only, without any retailer or intermediary, at farmers markets, craft fairs, charitable-organization functions or other approved venues listed on the permit (4458A §3.1.3.1, §3.1.3.4). Online sales are NOT permitted (online advertising/marketing is allowed) (§3.1.3.2). No wholesale and no sales to resellers or food establishments (§3.1.3.3).
The required label statement
This food is made in a Cottage Food Establishment and is NOT subject to routine Government Food Safety Inspections
Exact sentence from 16 DE Admin. Code 4458A §8.2.4 (the regulation prints it without a closing period; "NOT" is in capitals). §8.2.5 requires every label to be printed in at least 10-point type in a color that provides a clear contrast to the background — the rule applies to the whole label, not only the statement. No placement rule.
What must be on your label
- Name of the cottage food establishment (CFE) (4458A §8.2.1)
- Name of the product (§8.2.1)
- "town/city, Delaware" — the town or city and the word Delaware; a street address is not required (§8.2.1)
- Phone number or email of the CFE (§8.2.1)
- Net weight or unit count (§8.2.1)
- Date of production or lot number (§8.2.1) — required on every product
- List of ingredients in decreasing order by weight; if the label is too small the list must be available at the consumer's request (§8.2.2)
- Name of the food source of each major food allergen (milk, eggs, fish, tree nuts, wheat, peanuts, soybeans, sesame) unless already part of the ingredient's common or usual name (§8.2.3)
- The statement "This food is made in a Cottage Food Establishment and is NOT subject to routine Government Food Safety Inspections" (§8.2.4)
- All label text in at least 10-point type with clear contrast to the background (§8.2.5)
- Additional information required by the Division must be available to the consumer on request (§8.2.6)
- Not a label item: the CFE permit itself must be displayed at farmers markets, craft fairs and other approved venues where the food is sold (§3.1.3.4, §4.1.1.1)
Example: a Delaware label for a bag of butter cookies
An illustrative worksheet with the lines Delaware requires, and placeholders for your own details. It is not an approved product label or a tested recipe. Replace the ingredients and the measured package quantity with your actual product information.
Butter cookies
[Your business name]
[Your address, city, DE, ZIP]
[Phone number or email address]
Ingredients: Wheat flour [supplier sub-ingredients], sugar, butter [supplier sub-ingredients], eggs, salt.
Contains: Wheat, Milk, Eggs.
Net Wt. [measured ounces] oz ([metric equivalent] g)
Date of production (or lot number): [date of this batch]
This food is made in a Cottage Food Establishment and is NOT subject to routine Government Food Safety Inspections
The example ingredient order follows the input weights in our butter-cookie recipe. It does not establish the weight of a finished bag. Any additions or supplier sub-ingredients must be reflected in your own label. The statement's size on this web page is not a print-size check; compare the printed label with the rule above.
Before you print
- Match every ingredient and sub-ingredient to your actual recipe and supplier labels.
- Check the allergen declaration, the filled package's net quantity, and producer details.
- Include the Delaware statement and check its size on the final printed label.
- Review the whole package, including any required information placed outside the Nutrition Facts panel.
Delaware cottage food label questions
- Does a Delaware cottage food label need a home-kitchen statement?
- Yes. The label must say "This food is made in a Cottage Food Establishment and is NOT subject to routine Government Food Safety Inspections" in at least 10-point type. Exact sentence from 16 DE Admin. Code 4458A §8.2.4 (the regulation prints it without a closing period; "NOT" is in capitals). §8.2.5 requires every label to be printed in at least 10-point type in a color that provides a clear contrast to the background — the rule applies to the whole label, not only the statement. No placement rule.
- Do I need a license or registration to sell cottage food in Delaware?
- Yes. Mandatory CFE permit from DPH Office of Food Protection before any sale (4458A §3.3.4, §9.1): $30 annual permit fee, permit year April 1–March 31, renewed annually (§3.1.1, §3.1.2, §3.4). Application includes products, ingredients and example labels, a kitchen floor plan, venues, proof of approved food-safety training (§3.3.1.1, §5.0); the Division conducts a preoperational on-site inspection and may inspect on complaint (§1.6, §3.3.2). Private wells need a passing water test (§3.3.6). Only products on the Division's approved list and listed on the permit may be made (§3.1.3.4, §3.2.1). Until the May 2026 amendment the permit was called a "registration" — older forms still use that word.
- Is there a sales limit for Delaware cottage food?
- No annual cap is set: none — no annual dollar cap appears in 16 DE Admin. Code 4458A or on the DPH CFE program page (argument from silence).
- Where can I sell cottage food in Delaware?
- Direct sales to consumers within Delaware only, without any retailer or intermediary, at farmers markets, craft fairs, charitable-organization functions or other approved venues listed on the permit (4458A §3.1.3.1, §3.1.3.4). Online sales are NOT permitted (online advertising/marketing is allowed) (§3.1.3.2). No wholesale and no sales to resellers or food establishments (§3.1.3.3).
- Does a Delaware cottage food label need a date?
- Yes. Delaware prints the date of production (or lot number) on every package, so the label changes with each batch.
- Does a Delaware cottage food label need a Nutrition Facts panel?
- Not by state cottage-food law unless a nutrient content or health claim is made; the federal small-business exemption usually applies. If you choose to print a panel, it has to be complete and correctly formatted.
Worth knowing
- Amended 2026: the Feb 1, 2026 proposal (comments closed Mar 3, 2026) was adopted as 29 DE Reg. 938 (05/01/26). It renamed "registration" to "permit" and made style edits; the label list (§8.2) and the statement wording did not change.
- Every label needs a date of production OR a lot number (§8.2.1); the builder's date field can be satisfied by either — enter a lot number if you do not want to print a date.
- The label needs only "town/city, Delaware" plus a phone number or email — a street address is not required (§8.2.1).
- Only non-TCS foods on the Division's approved list (baked goods without TCS fillings, jams/jellies, candy, etc.) may be made; products may not contain cannabis (§3.2).
- Online sales are prohibited for CFEs; sales are in-person at approved venues only (§3.1.3.2).
- Sourcing caveat: dhss.delaware.gov blocks automated fetches; the DPH Cottage Food Establishment program page was verified via an archived capture dated 2026-06-15 (it lists the application, information sheet and training documents; the posted application form is an older "registration" version). The regulation text itself was read live on regulations.delaware.gov.
Verified against official Delaware sources on 2026-10-19. Official source. This page is not legal advice — confirm requirements with your state.
Turn the requirements into your label
- Put ingredients and sub-ingredients in order
- Review the allergen declaration
- Declare the net contents of one package
- Check Nutrition Facts exemptions and their limits
Labelara offers free nutrition calculation and preview, with paid print-ready exports. Read the calculation methodology before using the results. Creating a label does not approve your product or business for sale.