If you’re looking to start a small food business in Delaware, understanding the state’s cottage food laws is essential. These laws allow individuals to produce and sell certain low-risk foods from their home kitchen without needing a commercial kitchen or full-scale food license. Knowing what is cottage food law and how to navigate it can help you get your business up and running quickly and legally.
1. What is Cottage Food Law in Delaware?
In Delaware, the cottage food law allows the sale of non-potentially hazardous foods, which are items that do not require refrigeration for safety. These products can be sold directly to consumers without the need for a commercial kitchen or a Delaware food license. Examples of foods you can sell under Delaware’s cottage food law include:
- Baked goods such as cookies, bread, and cakes
- Jams, jellies, and preserves
- Candy and confections
- Granola, popcorn, and trail mix
These foods can be sold at farmers markets, roadside stands, and from your home. However, they must be labeled with specific information, including the name of the product, ingredients, producer’s name and address, and a statement indicating that the food was made in a home kitchen that is not inspected by the health department.
2. Do You Need a Food License in Delaware?
The great thing about Delaware’s cottage food law is that you do not need a Delaware food license to sell low-risk homemade foods. However, there are several rules you must follow:
- Direct-to-Consumer Sales: You can only sell your products directly to consumers. You cannot sell them in stores or to third-party vendors.
- Sales Limits: Delaware imposes a cap on annual sales. Be sure to check with the Delaware Department of Agriculture for the most current sales limit.
- Labeling Requirements: Proper labeling is crucial. Every product must include a disclaimer that it was made in a home kitchen that is not inspected by the health department.
If you wish to sell potentially hazardous foods (such as meat, dairy, or items requiring refrigeration), you will need to produce them in a licensed commercial kitchen and obtain a Delaware food license. This includes submitting your kitchen for inspection by the Delaware Division of Public Health.
3. Steps to Start a Food Business in Delaware
A. Understand Cottage Food Laws
The first step in starting a food business is to familiarize yourself with Delaware’s cottage food law. You can visit the Delaware Department of Agriculture for comprehensive details on what is allowed under the law.
B. Business Registration
Even if you’re operating under the cottage food law, you’ll need to register your business with the state. You may also need to check with your local government for any additional requirements, such as zoning laws and business licenses. Depending on where you sell, you may also need a sales tax permit.
C. Food Safety Training
While Delaware does not require formal food safety certification for cottage food producers, it’s a good idea to take a food safety course. This helps ensure your food is prepared and handled properly, protecting both you and your customers.
4. Expanding Beyond Cottage Foods
If your products do not qualify under Delaware’s cottage food laws, or if you want to sell to restaurants or retailers, you will need to use a commercial kitchen. This will also require you to obtain a Delaware food license. Commercial kitchens must be inspected and approved by the Delaware Division of Public Health.
5. Tips for Starting a Food Business in Delaware
- Start with Low-Risk Foods: Begin by selling non-potentially hazardous foods under Delaware’s cottage food law. This allows you to test your products without significant upfront costs for a commercial kitchen or inspections.
- Connect with Your Community: Selling at local farmers markets, craft fairs, and community events can help build your customer base. The Delaware food market values locally produced items, making this a great opportunity to introduce your products.
- Plan for Growth: If you want to expand your offerings to include higher-risk items, plan ahead for the additional costs and regulations involved in using a commercial kitchen and obtaining a Delaware food license.
*Disclaimer: This article or any content hereof is not a substitute for professional legal advice, does not create an attorney-client relationship, nor is it a solicitation to offer legal advice.