Nebraska Cottage Food Laws

Nebraska Cottage Food Law: A Comprehensive Guide for Home-Based Entrepreneurs

Nebraska's cottage food law, significantly expanded by LB 262 effective July 19, 2024, allows home-based producers to sell a broad range of products—including time/temperature control for safety (TCS) foods—directly to consumers. Registration is free and only required if selling beyond farmers’ markets, with minimal oversight and no revenue cap, making it one of the most entrepreneur-friendly cottage food regimes in the U.S.

Quick Facts

Overview / Introduction

Nebraska’s Cottage Food Law originated with LB 304 in 2019, enabling home-based producers to sell non-hazardous, shelf-stable foods at farmers markets, from home, or at public events and via online pickup or delivery within the state (cottagefoodlaw.unl.edu). On July 19, 2024, LB 262 further expanded the law to include time/temperature control for safety (TCS) foods—such as cheesecakes, cream‑filled pastries, refrigerated pickles, and ice cream—while maintaining direct‑to‑consumer sales only and preserving the cottage food exemption (cottagefoodlaw.unl.edu).

Sales Limits

Nebraska imposes no annual or revenue cap on cottage food sales—producers can sell unlimited amounts after LB 262 expanded the law (cottagecms.com).

Licensing & Registration

• Registration is required for most sales (excluding non‑TCS foods sold exclusively at farmers markets) and is free, submitted via forms prescribed by Nebraska Department of Agriculture (NDA) (nda.nebraska.gov).
• Only one-time registration is required; updates can be made by emailing agr.foodsafety@nebraska.gov (cottagefoodlaw.unl.edu).
• Approved courses must be completed and proof included in the registration (nda.nebraska.gov).

Training Requirements

• Producers must complete a nationally accredited food safety and handling education course, a certified culinary school/food handler permit course, or other NDA‑approved training before selling—unless selling only non‑TCS foods at farmers markets (nda.nebraska.gov).
• Courses are typically available online for about $20–$25 (cottagefoodlaw.unl.edu).

Home Kitchen Inspection

There is no requirement for inspection of the home kitchen under Nebraska’s cottage food law (cottagecms.com).

Allowed Foods

Nebraska allows a wide array of cottage foods including:

• Non‑TCS shelf‑stable foods: baked goods (bread, cookies, cakes, bars), jams, jellies (pectin‑based), dried goods (dehydrated fruits/vegetables, pasta), confections (candies, chocolates), granola, nuts, honey, spices, etc. (cottagecms.com).

• TCS foods (allowed since July 19, 2024): cheesecakes, cream‑filled pastries, puddings, ice cream (custard‑based, no raw eggs), refrigerated pickles, fresh salsa (7‑day shelf life), buttercream frosting, pesto, hummus, etc.—all prepared at home and sold directly (cottagecms.com).

Products may include milk products or eggs only if sourced commercially (e.g., store‑bought), not raw or homemade—raw eggs or dairy products under Nebraska Milk Act are excluded (nda.nebraska.gov).

Prohibited Foods

Cottage foods may not include:

• Any meat or animal product such as meat, poultry, fish, lard, tallow, bone broth (nda.nebraska.gov).
• Raw eggs (unless fully cooked in product) (nda.nebraska.gov).
• Raw/unpasteurized milk products (e.g., yogurt, cream, butter) as defined in the Grade A Pasteurized Milk Ordinance/Nebraska Milk Act (nda.nebraska.gov).
• Unpasteurized juice, infused oils/honey, sprouts, low‑acid home‑canned or hermetically sealed acidified foods, tofu, tempeh, fermented products like kimchi or kombucha (nda.nebraska.gov).
• Home‑made BBQ sauce (if acidified or hermetically sealed), pet treats, wholesale, or sale via mobile units prepared off‑site (cottagefoodlaw.unl.edu).

Labeling Requirements

Labels must include:

• Producer’s name and mailing address (a PO Box is acceptable, but must be mailing‑accessible) (cottagefoodlaw.unl.edu).
• For TCS foods, a list of ingredients in descending order of predominance by weight (cottagefoodlaw.unl.edu).
• A clearly visible notification stating: “This food was prepared in a kitchen that is not subject to regulation and inspection by a regulatory authority and may contain allergens.” For public event sales, display at point of sale; for pickup/delivery, include on home premises, website, or any advertising (nda.nebraska.gov).

Where You Can Sell

Allowed direct‑to‑consumer venues include:

• Farmers markets, fairs, festivals, craft shows, roadside stands, and other public events
• At the producer’s private home (sales or pickup)
• Online sales, mail order within Nebraska (only for non‑TCS foods) (cottagefoodlaw.unl.edu).

Delivery rules:

• Non‑TCS foods may be delivered via USPS or commercial carrier (nda.nebraska.gov).
• TCS foods must be delivered in person by the producer, maintained at 41 °F or below or 135 °F or above, and transported no longer than two hours (cottagefoodlaw.unl.edu).

Prohibited venues include restaurants, retail stores, wholesale operations, or mobile preparation units (cottagefoodlaw.unl.edu).

Sales Tax

State law does not address sales tax in these sources. Entrepreneurs should verify with Nebraska Department of Revenue regarding state and local sales tax obligations, as cottage food sales are likely taxable.

Special Exemptions

• Farmers market exemption: Producers selling only non‑TCS foods at farmers markets do not need to register or complete training (cottagefoodlaw.unl.edu).
• Home‑preparation requirement: LB 262 clarifies that all cottage food products must be prepared in a private home; mobile or off‑site preparation is not allowed (e.g., snow cone trailer is disqualified) (cottagefoodlaw.unl.edu).
• Private well water: If using private well water, producers must include proof of testing for nitrate and bacterial contamination in registration (nda.nebraska.gov).

Getting Started

Step‑by‑step guidance for new producers:

1. Identify intended products and verify they are allowed (see lists above).
2. Determine if registration is needed: If selling only non‑TCS foods at farmers markets, you may be exempt; otherwise, registration is required (cottagefoodlaw.unl.edu).
3. Complete required food safety training, if applicable (outside farmers market non‑TCS only sales) (nda.nebraska.gov).
4. Register with NDA via their prescribed form including contact details, training proof, and private well test if applicable; registration is free and one‑time only (nda.nebraska.gov).
5. Prepare product labels with required producer address, ingredient list (for TCS), and allergen/kitchen disclaimer (cottagefoodlaw.unl.edu).
6. Decide sales venues—farmers markets, home pickup, online non‑TCS shipping, or in‑person delivery for TCS items—and ensure proper temperature control and transport times (cottagecms.com).
7. Maintain records for training, registration, sales, and food safety.
8. Contact resources for support: Nebraska Extension educators or NDA Food Safety office as needed (cottagefoodlaw.unl.edu).

Official Resources

• Nebraska Department of Agriculture – Cottage Food Registration page: nda.nebraska.gov/fscp/foods/cottagefood (nda.nebraska.gov)
• University of Nebraska–Lincoln Cottage Food Law site (overview, FAQs, updates): cottagefoodlaw.unl.edu (cottagefoodlaw.unl.edu)
• Nebraska Legislature – Pure Food Act for statutory language (Sections 81‑2,239 to 81‑2,292): nebraskalegislature.gov/laws/display_html.php?begin_section=81‑2,239&end_section=81‑2,292 (nebraskalegislature.gov)
• Contact list of Extension Educators and NDA Food Safety staff: cottagefoodlaw.unl.edu/contact-us (cottagefoodlaw.unl.edu)

Official Sources

This guide was compiled from the following official sources:

• nda.nebraska.gov
• cottagefoodlaw.unl.edu
• cottagefoodlaw.unl.edu
• cottagecms.com
• standscout.com
• www.cfra.org
• cottagefoodlaw.unl.edu
• cottagefoodlaw.unl.edu
• nebraskalegislature.gov
• www.foodhandlersguide.com

Important Notes

⚠️ Sales tax rules are not covered here—verify with Nebraska Department of Revenue.

⚠️ Interstate shipping or sales require conformity with other states’ laws and are likely prohibited.