Local permits & fees

New Castle County, DE — Commercial Kitchen Permits

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.

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 →

Food truck / mobile permit

Mobile Food Facility / Mobile Food Unit permit
null - 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 (a ~$143/yr figure appears only in secondary sources); 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.

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 kitchennull - not 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 Protection.No 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 vendingnull - Mobile Food Unit permit requires plan review ($50-$250 by sq ft); the annual mobile operating-permit amount is not on an official flat schedule (~$143/yr appears only in secondary sources). Confirm with the Office of Food Protection (302-744-4546).Mobile units undergo plan review and generally require an approved commissary.
Sources: www.dhss.delaware.gov · dhss.delaware.gov · www.dhss.delaware.gov · observed 2026-08-10