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Local permits & fees

New Castle County, DE Food Facility Permits & Fees

Restaurants, commercial kitchens, and food trucks.

Delaware DHSS, Division of Public Health - Office of Food Protection (Health Systems Protection) · department site →
Fees change often — always confirm the current amount with the department before you budget.

New Castle County food-facility health permits run about $100 annually. Plan review runs about $50–$250. Confirm the exact amount with Delaware DHSS, Division of Public Health - Office of Food Protection (Health Systems Protection) before you budget.

Confirm the authority for your exact address. Some cities run their own health division, and building, planning, fire, sewer/grease and business-license approvals are separate even when Delaware DHSS, Division of Public Health - Office of Food Protection (Health Systems Protection) issues the health permit.

The restaurant market in New Castle County

What the local foodservice landscape looks like — useful whether you’re opening here or sizing up the competition.

1,264
food & drink establishments
23,482
industry jobs
$543M
annual payroll
$23,144
avg wage / worker
  • 448 full-service restaurants
  • 513 limited-service & fast food
  • 50 bars & drinking places
  • 130 snack & coffee bars
  • 25 mobile food & trucks

▲ 2.5% change in establishments since 2022 (1,233 → 1,264).

The average foodservice wage here is $2,076 below the Delaware average ($25,220); Delaware has about 2,229 food & drink establishments statewide.

Source: U.S. Census Bureau, County Business Patterns 2023 (NAICS 722, food services & drinking places) — establishments with paid employees. Some small-county payroll figures are withheld by Census for confidentiality.

Last verified: 2026-08-17 — we re-confirmed the serving authority, its contact, and that the fees below match the current published schedule. Fee schedules may carry an earlier effective date (shown per fee); local ordinances & amendments aren’t individually reviewed, so confirm current rules with the authority having jurisdiction.See something out of date? Report an update →

Restaurant / food-facility permit

Food Establishment Operating Permit (Public Eating Place)
$100/yr

State-administered: Delaware has no county health departments; the DPH Office of Food Protection issues permits statewide, including all of New Castle County (Wilmington); Annual, non-refundable fee is due only after the facility is approved for an operating permit; Churches, schools, fire companies and other non-profits are exempt from fees; (Delaware DPH page blocked automated re-fetch 2026-08-10; figures carried from official DPH schedule.)

Plan review — required

  • $50 (1,000 sq ft or less)
  • $100 (1,001-5,000)
  • $150 (5,001-10,000)
  • $200 (10,001-15,000)
  • $250 (15,001 sq ft and above)

Turnaround: Plans reviewed within 60 working days, in order received

Plan-review details & forms →

Reach the department

Office258 Chapman Rd, Suite 105, Newark, DE 19702

Inspection grading

Routine inspection — no public letter grade

Division of Public Health Office of Food Protection inspects to the FDA Food Code; searchable online report listing shows critical/priority violations, no letter grade.

Food truck / mobile permit

Mobile Food Facility / Mobile Food Unit permit
  • DPH Office of Food Protection issues a Mobile Food Unit permit and requires plan review (the $50-$250 by-sq-ft plan-review schedule applies)
  • The annual mobile operating-permit amount is not published on an official flat schedule
  • confirm current amount with the Office of Food Protection (302-744-4546)

Mobile units must undergo plan review and typically operate from an approved commissary; a separate DE business license and any municipal vendor permit also apply

How to apply

Fees/payment and forms are on the department site; application steps vary by concept — see the checklist below.

What it costs in permit fees to open here

The government permit & plan-review fees below total roughly $200–$600 for New Castle County:

  • $100 — food-facility permit
  • $50–$250 — plan review
  • $50–$250 — food-truck permit

That’s the paperwork only. Add buildout, equipment, deposits and licenses with the cost-to-open calculator. Fees change — confirm current amounts with the department.

Look up a restaurant’s inspection score

Check the health-inspection history and violation scores for any food establishment in New Castle County and Delaware. Delaware DHSS Office of Food Protection runs a statewide Food Establishment Inspection Report lookup.

Delaware inspection lookup →

How New Castle County’s permit cost compares

At about $100/year, New Castle County’s restaurant health permit is about the Delaware median ($100) and below the U.S. median ($125) — higher than about 45% of U.S. counties.
Ranked 1st-lowest of 1 Delaware counties by permit cost.

Comparison uses the lowest published annual restaurant-permit figure in each county; confirm your exact tier with the department.

Local food-service market

About 1,233 food & drinking establishments serve ~578,592 residents in New Castle County — one per ~469 residents, about the Delaware average (one per ~469).

U.S. Census 2023 population; County Business Patterns 2022 (NAICS 722).

Budget the permit stack

Start with ~$100 annual health permit + $50 plan review.

Plus building, fire, and business-license fees that vary locally — use the cost calculators and the checklist below to budget the full stack.

Grease trap & FOG requirements

Under Delaware Regulations Governing a Detailed Plumbing Code (IPC-based), food establishments here must control fats, oils & grease (FOG) with a grease interceptor or trap, and typically register with the local sewer/wastewater authority. Grease interceptors are required for food establishments under Delaware's state plumbing code, with FOG discharge permits from the local sewer authority.

Size the interceptor with our grease-trap sizing calculator, compare units in the grease-trap catalog, and confirm the local FOG permit with Delaware DHSS, Division of Public Health - Office of Food Protection (Health Systems Protection) (contact above).

Fire suppression & backflow

Hood fire suppression (Delaware State Fire Prevention Regulations (NFPA 1 / NFPA 101, 2021)): commercial cooking under a Type I hood needs a wet-chemical suppression system to NFPA 96, permitted and inspected by the local fire marshal. Commercial kitchen hood suppression follows NFPA 96 under the Delaware State Fire Prevention Regulations, enforced by the State Fire Marshal. See do I need a hood? and the hood CFM calculator.

Backflow prevention: Annual RPZ backflow assembly testing is required through the local water utility's cross-connection control program. A certified backflow assembly (often an RPZ) on the water service, tested annually, is standard — confirm with your water utility.

Watch out for

  • State-administered; no county or Wilmington city health department issues food permits; DPH Office of Food Protection covers the entire state
  • Annual permit fees are flat by facility type: Public Eating Place $100, Retail Food Store $100, Commercial Food Processors $30, Ice Manufacturers $30, Vending Machine Location $30
  • Temporary Food Establishment permits carry no fee; Cottage Food Establishment permit is $30
  • Churches, schools, fire companies and other non-profit organizations are exempt from permit and plan-review fees

Other food-service permits in this jurisdiction

CategoryAnnual feeNotes
Caterer$100/yr (Public Eating Place permit)Delaware permits a caterer as a Public Eating Place at the flat $100 annual fee; 'Caterer Without Premises' has its own plan-review track before the operating permit is issued
Commissary / central preparation kitchennot a separately priced category; a commissary is permitted as a Public Eating Place ($100/yr) or Commercial Food Processor ($30/yr) depending on activity; Confirm with the Office of Food ProtectionNo distinct commissary fee line on the DE schedule
Bakery / food processing$30/yr (Commercial Food Processors); a retail bakery serving the public is a Public Eating Place ($100/yr) or Retail Food Store ($100/yr)Delaware's flat schedule prices commercial food processors at $30; retail bakeries fall under eating-place/retail-store at $100
Bar / limited food service$100/yr (Public Eating Place permit)A bar serving food is permitted as a Public Eating Place at the flat $100 fee; not a separate category
Grocery / market with deli$100/yr (Retail Food Store permit)Grocery/market is a Retail Food Store ($100/yr); an in-store deli/food-prep area is covered under the same or a Public Eating Place permit
Temporary / seasonal event$0 (Temporary Food Establishment permit; no fee)DE Temporary Food Establishment permits carry no fee; non-profits are exempt from fees generally
Pushcart / mobile vendingMobile Food Unit permit requires plan review ($50-$250 by sq ft); Confirm with the Office of Food Protection (302-744-4546)Mobile units undergo plan review and generally require an approved commissary

Equipment your New Castle County plan review will check

Health-department plan review looks for specific, code-compliant fixtures. Compare spec-filtered options, then confirm counts and sizes with your local requirements. See the full list in what equipment a commercial kitchen requires.

Nearby counties

Permit costs and rules change at the county line — compare New Castle County with its neighbors.

How to open: typical permitting sequence

This is a typical sequence — confirm the exact sequence with your authority having jurisdiction.

  1. Confirm whether New Castle County or another local jurisdiction (city/district) handles your exact address.
  2. Confirm zoning and permitted use.
  3. Prepare your menu and scaled plans.
  4. Include an equipment schedule with ANSI/NSF spec sheets.
  5. Submit water-heater and hood documentation.
  6. Pay plan-review fees.
  7. Respond to plan-check corrections.
  8. Obtain Environmental Health plan approval.
  9. Obtain building, plumbing, mechanical and fire approvals.
  10. Schedule rough-plumbing, pre-final and final health inspections.
  11. Pay the operating-permit / application fees.
  12. Receive approval before storing or preparing food.

Official plan-check requirements: plan-check guide →

Frequently asked questions

How much is a food permit in New Castle County?

$100/yr These are annual health-permit fees, usually tiered by seating or size; confirm your exact category with the department.

Is plan review required in New Castle County?

Yes — plan review is required before you build or remodel a food facility. Typical fees: $50 (1,000 sq ft or less); $100 (1,001-5,000); $150 (5,001-10,000); $200 (10,001-15,000); $250 (15,001 sq ft and above)

Do I need a commissary for a food truck in New Castle County?

In most cases, yes — most mobile units must operate from an approved commissary; confirm exemptions with the department. Mobile units must undergo plan review and typically operate from an approved commissary; a separate DE business license and any municipal vendor permit also apply

Who issues food permits in New Castle County?

Food permits here are issued by Delaware DHSS, Division of Public Health - Office of Food Protection (Health Systems Protection). See the department site for current details.

Are city building and fire approvals separate?

Yes — building, plumbing, mechanical and fire approvals are always separate from the health permit and are often handled by different offices.
Sources: www.dhss.delaware.gov · dhss.delaware.gov · www.dhss.delaware.gov · observed 2026-08-10