Food permits
- Restaurants, food trucks, caterers, and food processors: food establishment permit from the Division of Public Health.
- Cottage food: register with the Division of Public Health's Cottage Food Establishment program. It requires a food safety course and a kitchen inspection.
- Delaware removed its cottage food sales cap in December 2023. Updated cottage food rules took effect May 11, 2026.
- Farmers making certain home-processed foods can use the Department of Agriculture's On-Farm Home Processing program.
- Alcohol requires a license from the Office of the Alcoholic Beverage Control Commissioner.
- Every business also needs a Delaware business license.
Local health department requirements
- The Division of Public Health inspects food establishments across the state under the Delaware Food Code.
- Establishments need a certified food protection manager.
- Events and farmers markets need a temporary food permit.
Facility permits
- New or remodeled food establishments need Division of Public Health plan review.
- Building and zoning permits come from the county or municipality.
- The State Fire Marshal reviews plans for fire safety, including hoods and suppression systems.
These are Delaware state and federal requirements. Cities and counties often add their own. Requirements and fees change — confirm with the agency before you apply. This is general information, not legal or tax advice.
Other Delaware Business Types
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