Who needs a food establishment permit in Delaware?

Issued by Delaware Division of Public Health, Office of Food Protection, at step 4 of 6 in the opening sequence: get the permits for your kind of business.

9 of the 20 kinds of business in Delaware

Delaware permits food at the state level, not through county health departments. Mail the plan review application with the menu, floor plan and equipment list to the Office in Dover before building out; reviews run about 30 working days, and the permit issues after the pre-operational inspection. Restaurants, bars, coffee shops, bakeries and ice cream shops are all food establishments under the Food Code. A second re-inspection costs $50, a third $100 and later ones $150. Ask the Office of Food Protection (302-744-4546) which permit class and fee apply to your menu.

Checked Oct 21, 2026 against the agency’s page.

Step 4 of 6: Get the permits for your kind of business

  1. Set up the business
  2. Register for tax
  3. Approve the space
  4. Get the permits for your kind of business
  5. Alcohol permits
  6. Before the first hire

Issued by Delaware Division of Public Health, Office of Food Protection.

Sources and dates

Office of Food Protection plan review requirements; 16 Del. C. 134 as amended in 2020; State of Delaware Food Code (16 DE Admin. Code 4458). Checked against the agency’s page on the date shown; cities add their own fees.

Questions about opening here.