Product Status at a Glance
Delaware organizes cottage food products around one core rule: only foods that do not require time or temperature control for safety (non-TCS) are allowed. Below is the three-tier breakdown.
Clearly Permitted Foods
- Breads & Rolls Includes bagels, biscuits, rolls, sweet breads, scones
- Cakes & Cupcakes Layer cakes, cupcakes, cake pops, tortes — no cream fillings
- Cookies & Brownies All varieties including macarons
- Muffins & Donuts Standard baked varieties without cream or custard
- Fruit Pies & Pastries No cream, custard, or meat fillings
- Crepes Shelf-stable varieties without perishable fillings
- Candies & Confections Fudge, lollipops, hard candies, rock candies, brittles
- Chocolates Non-TCS chocolate confections
- Jams, Jellies & Preserves Fruit-based preserves meeting pH/aw thresholds
- Popcorn & Caramel Corn Shelf-stable snack varieties
- Roasted Nuts Must declare allergens on label
- Wedding Cakes Non-cream decorated cakes are permitted
- Dry Goods Granola, trail mix, spice blends, baking mixes
- Non-TCS Condiments Must meet shelf-stable thresholds
Allowed with Conditions
- Products Not on the Standard List May be approved case-by-case — contact the Division of Public Health before producing
- Items Requiring pH Testing The Division may require pH testing if acidity level is unknown. Must be pH ≤ 4.6 or aw ≤ 0.85
- Variance Products Products outside standard categories can be approved through a formal variance request to DHSS
- On-Farm Products (Farmers Only) Honey, dried fruits/vegetables, spices, herbs, maple syrup, fruit butters — requires separate On-Farm Home Processing license from Dept of Agriculture ($25/yr, $50K cap)
- New Product Additions Any change to your product line requires updating your CFE registration and submitting new labels for approval
- Eggs as Ingredients Eggs, milk, and dairy may be used as ingredients in allowed baked goods — but cannot be sold as standalone products
Not Permitted Under Cottage Food
- Cream/Custard-Filled Baked Goods Cream pies, custard pastries, cheesecakes — TCS risk
- Meat-Filled Baked Goods Meat pies, sausage rolls — USDA jurisdiction
- Meat, Poultry & Seafood All forms — requires USDA/state meat inspection
- Dairy Products Cheese, yogurt, butter, milk — requires dairy license
- Low-Acid Canned Foods Home canning of vegetables, soups, sauces — botulism risk
- Fermented & Cured Foods Kimchi, sauerkraut, cured meats, fermented vegetables
- Pickled Products Pickles, pickled vegetables — not allowed even if acidified
- Juices & Apple Cider All juice products — pasteurization requirements
- Kombucha Fermented, potential alcohol content, TCS concerns
- Any TCS/Refrigerated Food If it needs refrigeration to stay safe, it's not allowed
- Cannabis-Infused Products Explicitly excluded from cottage food protections by recent amendment
Understanding the Rules
Delaware's cottage food regulations are built around one central concept: non-potentially hazardous foods. A food is considered non-potentially hazardous (and therefore eligible for cottage food production) if it has a water activity (aw) of 0.85 or less, or a pH level of 4.6 or below at 75°F. These thresholds prevent the growth of harmful bacteria like Clostridium botulinum and Salmonella without requiring refrigeration.
In practical terms, this means most baked goods, candies, and sugar-preserved items like jams and jellies are safe for cottage food production because their low moisture content or high sugar/acid levels naturally inhibit bacterial growth. Conversely, foods that are moist, protein-rich, or low in acid — like dairy products, meats, and most prepared meals — must be kept under temperature control and are therefore prohibited.
Delaware can require pH or water activity testing if the safety classification of your product is uncertain. If you're producing jams, fruit preserves, or any product where the acidity level could vary, be prepared to have your product tested. Contact the Division of Public Health at (302) 744-4546 before investing in production if you're unsure whether your product qualifies.
Delaware also explicitly separates its cottage food program (open to any resident) from the On-Farm Home Processing program (farmers only, administered by the Department of Agriculture). Farmers can sell a broader range of products — including honey, dried fruits and vegetables, spices, herbs, and maple syrup — but are subject to a $50,000 annual sales cap and must sell only at farmers markets, on their farm, or at roadside stands.
Variance Process
If you want to sell a product that isn't on the standard allowed list, you can apply for a variance from the Delaware Division of Public Health (16 Del. Admin. Code § 4458A, Section 1.5). This is a formal request where you demonstrate that your product and process will not create a public health hazard. Contact the Office of Food Protection to discuss your product before applying.
Product Compliance Checker
Check if your specific product is allowed under Delaware's cottage food regulations — with conditions and next steps.
Create Free Account to Use This Tool →