How to Start a Food Truck in Delaware (2026)

Last updated: February 26, 2026

Starting a food truck in Delaware requires working through the Delaware Division of Public Health’s Office of Food Protection, which issues the statewide Food Establishment Operating Permit required for all mobile food operations. You will also need the Delaware Business License, food handler certifications for your team, a Certified Food Protection Manager on staff, and any local vendor permits if operating in incorporated cities like Wilmington or Dover. Delaware has no sales tax, which simplifies pricing. This guide covers every step using official Delaware sources.

Food Truck Requirements in Delaware at a Glance

Requirement	Agency	Cost	Timeline
Food Establishment Operating Permit (mobile)	DE Division of Public Health, Office of Food Protection	Varies by county/risk category (call for current fee)	Pre-operational inspection required before permit issued
Plan Review (new mobile unit build/conversion)	Office of Food Protection	Based on unit square footage	Before construction/conversion; required
Food Handler Certificate (per employee)	ANAB-accredited provider	$6.95-$15 per person (capped by state law)	Within 30 days of hire
Certified Food Protection Manager (CFPM)	ANSI-accredited exam provider	$100-$200 (exam fee)	Required per food establishment
Delaware Business License	Division of Revenue	$75/year	Immediate (temp) / 10 days (permanent)
LLC Formation (optional but recommended)	Division of Corporations	$90	Varies; expedited same-day available
City of Wilmington Vendor Spot (if applicable)	City of Wilmington	$22/day	Reserve via Best Food Trucks platform
Workers’ Compensation Insurance	Private Insurer (required at 1+ employee)	Varies	Before hiring

How to Start a Food Truck in Delaware (Step by Step)

Step 1: Contact the Office of Food Protection Before Building or Buying

The most important first step for a Delaware food truck is to contact the Delaware Division of Public Health, Office of Food Protection as early as possible – ideally before purchasing or modifying your vehicle. Plan review is required for new mobile food unit builds and conversions. Starting this process early prevents expensive rework if your unit does not meet requirements. Phone: (302) 744-4546. Website: dhss.delaware.gov/dhss/dph/hsp/ofp.

Step 2: Submit a Plan Review Application

Submit a plan review application to the Office of Food Protection. Fees are based on the total square footage of the food unit. The plan review evaluates your layout, equipment, food handling procedures, and sanitation setup to ensure compliance with Delaware’s food safety regulations before construction begins.

Step 3: Pass the Pre-Operational Inspection

Once your food truck is built or converted and fully equipped, schedule a pre-operational inspection with the Office of Food Protection. An inspector will verify that your unit meets all physical requirements. The Food Establishment Operating Permit is not issued until you pass this inspection. If you fail, you will be given a list of corrections before re-inspection.

Step 4: Obtain Your Food Establishment Operating Permit

After passing inspection, you will receive your annual Food Establishment Operating Permit. This is the central operating permit for your food truck in Delaware. Display it on your truck and renew it annually. Fee information: specific fees are not posted publicly online – they vary by county and risk category. Call (302) 744-4546 for the current fee schedule in your operating county. The general range is $100-$1,000+ annually depending on the operation.

Step 5: Food Handler Certifications and CFPM

Delaware has two food safety certification requirements for food businesses:

• Food Handler Certificate: Required for all food handlers within 30 days of hire. Delaware state law caps the cost at $15. Available from ANAB-accredited online providers for as low as $6.95-$10. Not the same as ServSafe.
• Certified Food Protection Manager (CFPM): At least one person per food establishment must hold a CFPM certificate from an ANSI-accredited exam program (such as ServSafe Manager, Prometric, or others). Exam cost: approximately $100-$200. CFPMs must be present (or reachable) during operations. More info: dhss.delaware.gov/dph/hsp/ofpcfpm.html.

Step 6: Register Your Business and Get Your Delaware Business License

Form an LLC with the Division of Corporations ($90) or operate as a sole proprietor. Then obtain a Delaware Business License from the Division of Revenue ($75/year) at onestop.delaware.gov. The Business License is required for all Delaware businesses and is separate from the food operating permit.

Step 7: Get Local Vendor Permits If Operating in Municipalities

Beyond the state food permit, many Delaware cities have their own requirements:

• City of Wilmington: Operates a formal Mobile Food Truck Program with designated vending spots. Daily spot fee: $22/day, managed through the Best Food Trucks platform. Contact: wilmingtonde.gov/business/foodtrucks.
• Other municipalities: Dover, Newark, and other cities may have local vendor ordinances or permit requirements. Contact your city’s business office before operating there.
• Private property / events: No additional city permit required for operating on private property with owner permission, or at permitted private events. Always confirm with the property owner and event organizer.

Step 8: Register for Gross Receipts Tax and Get Insurance

Register for the Delaware Gross Receipts Tax (GRT) at grossreceiptstax.delaware.gov. The GRT rate for food businesses may differ from service businesses – contact the Division of Revenue at (302) 577-8780 to confirm your applicable rate and monthly exclusion amount. Delaware has no sales tax, so you do not collect sales tax from customers.

Essential insurance for a food truck:

• Commercial auto insurance: Required – your personal auto policy does not cover a commercial food vehicle.
• General liability insurance: $1 million per occurrence recommended. Required for most event permits and location agreements.
• Product liability insurance: Covers claims from foodborne illness or contamination. Often included in food truck-specific policies.
• Workers’ comp: Required as soon as you hire one employee.

Cost to Start a Food Truck in Delaware

Item	Cost	Notes
Food truck purchase or conversion	$20,000-$100,000+	Used trucks start lower; new custom builds are more
Food Establishment Operating Permit (plan review + permit)	$100-$1,000+/year	Varies by county/risk; call (302) 744-4546 for current fee
Certified Food Protection Manager exam	$100-$200	One per establishment; ANSI-accredited provider
Food handler certificates (per employee)	$6.95-$15 each	State-capped at $15; required within 30 days of hire
Delaware Business License	$75/year	Division of Revenue
LLC Formation	$90	One-time; Division of Corporations
LLC Annual Franchise Tax	$300/year	Due June 1
Commercial auto insurance	$2,000-$5,000+/year	Required for the truck; commercial vehicle policy
General liability + product liability insurance	$800-$2,000/year	Food truck-specific policies available
Commissary kitchen (if required)	$200-$600/month	Some counties require a licensed commissary for prep/storage
Wilmington vendor spot (if applicable)	$22/day	City-managed program

Estimated total first-year startup cost: $25,000-$120,000+ (vehicle cost dominates; regulatory costs are modest)

Related Delaware Business Guides

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• How to Start a Daycare in Delaware
• How to Start an HVAC Business in Delaware
• How to Start a Hair Salon in Delaware
• How to Start a Landscaping Business in Delaware
• How to Become a Private Investigator in Delaware

← Back to all Delaware business guides

Frequently Asked Questions

What permit do I need to operate a food truck in Delaware?

You need a Food Establishment Operating Permit from the Delaware Division of Public Health, Office of Food Protection. This is required statewide for all mobile food operations. A plan review must be approved before you build or convert your truck, and a pre-operational inspection must be passed before the permit is issued. Contact the Office of Food Protection at (302) 744-4546 as your first step.

Does a food truck in Delaware need to collect sales tax?

No. Delaware has no state or local sales tax. You do not collect sales tax from customers on food sales. Your revenues may be subject to the Gross Receipts Tax (GRT), but check with the Division of Revenue at (302) 577-8780 for the exact rate and monthly exclusion that applies to your food business type. Register at grossreceiptstax.delaware.gov.

Do I need a commissary kitchen for a Delaware food truck?

Delaware does not have a universal statewide commissary requirement for food trucks, but your county health office or the Office of Food Protection may require one depending on your food preparation needs and storage requirements. If your truck lacks adequate cold storage or prep space, a licensed commissary arrangement may be required. Discuss this with the Office of Food Protection during your plan review stage.

How do I get a vending spot in Wilmington, Delaware?

The City of Wilmington operates a formal Mobile Food Truck Program with designated spots. Daily fee: $22/day. The program is managed through the Best Food Trucks platform. Visit wilmingtonde.gov/business/foodtrucks to register your truck and view available spots. You still need your state Food Establishment Operating Permit before vending in Wilmington.

What food safety certifications are required in Delaware?

Two requirements apply: (1) All food handlers must obtain a food handler certificate within 30 days of hire from an ANAB-accredited provider (state-capped at $15). (2) At least one Certified Food Protection Manager (CFPM) per food establishment is required – this involves passing an ANSI-accredited exam such as ServSafe Manager (cost approximately $100-$200). Display both certifications at your operation.