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Permits: Delaware

Selling at and running markets in Delaware.

Delaware has no state sales tax, but any business operating there needs a Division of Revenue business license and pays a gross receipts tax; temporary sellers are licensed as transient retailers. Home bakers need a Cottage Food permit from the Division of Public Health, and temporary event food permits come from the Division of Public Health's Environmental Health Field Services.

Updated

State rules

Sales tax.

No state sales tax; business license and gross receipts tax instead

The Division of Revenue says Delaware imposes no state sales tax, so vendors do not collect sales tax from buyers. Instead the business holds a Delaware business license and pays a gross receipts tax on its receipts; the Division gives rates from .0945% to 1.9914% depending on business activity.

Who
Vendors
From
Delaware Division of Revenue
When
Any person or business selling goods in Delaware, including at markets and events
Official page

Transient retailer license, bond and gross receipts tax

Transient retailers must hold a business license, register the merchandise they will sell and a registered agent in Delaware, and post a bond. Gross receipts tax for retail sales is .7543% after a $100,000 monthly exclusion, and sales of handmade or craft objects by the maker of less than $1,000 per year are not counted as gross receipts. The Division notes some retailers in listed categories are exempt from these provisions.

Who
Vendors
From
Delaware Division of Revenue
When
A retailer who transacts a temporary or transient business for less than four months during the year or less than 90 actual days of business, such as at a craft fair or flea market
Fee
$90 for the first place of business and $40 for each additional location; $1,000 bond
Official page
State rules

Selling homemade food (cottage food).

At a glance: license or permit, a $30 state fee. Compare all 50 states.

Cottage Food Establishment permit

Delaware's Cottage Food Regulation allows non-time/temperature-controlled foods from the Division's approved list, made in the producer's primary-residence kitchen, with a permit displayed at the sales venue. Sales must be direct to consumers in Delaware; online sales, wholesale sales and sales through resellers are not permitted, and bake sales restricted to members are exempt.

Who
Vendors
From
Delaware Department of Health and Social Services, Division of Public Health, Office of Food Protection
When
Home bakers and makers of jams, jellies and candy who sell to consumers at farmers markets, craft fairs and other approved venues
Fee
Annual permit fees will be in the amount of $30 per CFE.
Official page
State rules

Temporary food permits.

Temporary food establishment permit

The State's Business First Steps listing says Environmental Health Field Services issues temporary food establishment permits, with county offices for New Castle, Kent and Sussex. The Division's requirements page repeats the 10-day application deadline and requires food to be prepared on-site or at a permitted food establishment.

Who
Vendors
From
Delaware Division of Public Health, Environmental Health Field Services (New Castle, Kent and Sussex county offices)
When
Food vendors at a temporary event, for up to 14 days of operation per year
Fee
None
Timing
Applications for a temporary food establishment must be submitted a minimum of 10 days prior to the date of the event.
Official page
State rules

Farmers markets and produce.

Legal-for-trade scales and weights and measures

All businesses selling to the public by weight, measure or count with a commercial device must use a legal-for-trade device and notify Delaware Weights and Measures. The page lists a contact email for instructions.

Who
Vendors
From
Delaware Department of Agriculture, Weights and Measures
When
Vendors selling products by weight, measure or count with a commercial device, such as produce sold on a scale
Official page
State rules

Business registration.

Delaware business license

The Division of Revenue says any person or entity conducting a trade or business in the State must have a Delaware business license, and that a city or county license may also be required locally. Licenses expire each December 31, and a temporary license can be printed after online registration.

Who
Organizer and vendors
From
Delaware Division of Revenue (One Stop Business Licensing and Registration Service)
When
Any person or entity conducting a trade or business in Delaware, from the time business starts
Fee
Fees for a general business license are dependent on the type of business and category.
Official page
Local rules

City and county permits in Delaware.

Event permits, vendor licenses and food permits are mostly local. Pick your city or county:

On bzar

Collect the paperwork with each application.

Ask vendors for their sales tax registration, cottage food registration or food permit and insurance certificate as required documents on your application form, and check them before you approve anyone.

Check with the agency

Where the sources are unclear.

  • No official Delaware page was found stating a duty for market or flea market organizers about vendors' licenses, so no promoter duty is listed. Ask the Division of Revenue business license desk, (302) 577-8778 or bustax@delaware.gov.
  • The transient retailer fee and rate figures come from a Division of Revenue Tax Tips sheet that is undated; confirm with the Division before quoting them to vendors.
Questions

Common questions.

Do I need a sales tax permit to sell at a craft fair in Delaware?

No state sales tax; business license and gross receipts tax instead (Delaware Division of Revenue): The Division of Revenue says Delaware imposes no state sales tax, so vendors do not collect sales tax from buyers. Instead the business holds a Delaware business license and pays a gross receipts tax on its receipts; the Division gives rates from .0945% to 1.9914% depending on business activity. Transient retailer license, bond and gross receipts tax (Delaware Division of Revenue): Transient retailers must hold a business license, register the merchandise they will sell and a registered agent in Delaware, and post a bond. Gross receipts tax for retail sales is .7543% after a $100,000 monthly exclusion, and sales of handmade or craft objects by the maker of less than $1,000 per year are not counted as gross receipts. The Division notes some retailers in listed categories are exempt from these provisions.

Can I sell homemade food at a farmers market in Delaware?

Cottage Food Establishment permit (Delaware Department of Health and Social Services, Division of Public Health, Office of Food Protection): Delaware's Cottage Food Regulation allows non-time/temperature-controlled foods from the Division's approved list, made in the producer's primary-residence kitchen, with a permit displayed at the sales venue. Sales must be direct to consumers in Delaware; online sales, wholesale sales and sales through resellers are not permitted, and bake sales restricted to members are exempt.

Who issues temporary food permits for events in Delaware?

Temporary food establishment permit (Delaware Division of Public Health, Environmental Health Field Services (New Castle, Kent and Sussex county offices)): The State's Business First Steps listing says Environmental Health Field Services issues temporary food establishment permits, with county offices for New Castle, Kent and Sussex. The Division's requirements page repeats the 10-day application deadline and requires food to be prepared on-site or at a permitted food establishment.

Do I need a state business license to be a vendor in Delaware?

Delaware business license (Delaware Division of Revenue (One Stop Business Licensing and Registration Service)): The Division of Revenue says any person or entity conducting a trade or business in the State must have a Delaware business license, and that a city or county license may also be required locally. Licenses expire each December 31, and a temporary license can be printed after online registration.

Sources

Sources.

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