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Nebraska Can you legally sell food from home in Nebraska?

Cottage Food Law

Nebraska has a very good cottage food law.

Unlike most states, producers can sell most types of homemade foods, including many types of perishable foods.

Producers can sell directly to consumers at farmers markets, events, from home, and online. Non-perishable products can also be shipped.

Indirect sales (wholesale, retail stores, etc) are not allowed, but there is no sales limit, and it is very easy and inexpensive to get registered.

Selling Where can you sell homemade food products?

Whenever and wherever you are selling (including your website, advertisements, your home, etc.), you must inform the customer with a sign or notification that says: “This food was prepared in a kitchen that is not subject to regulation and inspection by the regulatory authority and may contain allergens”

You can only ship non-perishable products. Perishable products must be delivered to the customer in-person, and cannot be transported for longer than two hours.

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Allowed Foods What food products can you sell from home?

Prohibited Foods

A few clarifications to the “allowed” items above:

  • Acidified foods cannot be placed in hermetically sealed containers
  • Juices must be pasteurized
  • Oils and honey cannot be infused with anything

All types of food are allowed, except for the following perishable foods:

  • Items containing meat or meat byproducts
    • Meat, lard, tallow, bone broth, bone meal, etc.
  • Milk products
    • Milk, cream, sour cream, yogurt, etc. is not allowed
    • Using commercially-produced milk products in items is allowed (e.g. ice cream, whipped cream, cheese, cheesecakes, pudding, etc.)
  • Raw eggs
    • If you sell products containing eggs, the eggs must be cooked
    • You can sell whole eggs by getting an egg number from the ag department
  • Unpasteurized juice
  • Infused oils or honey
  • Sprouts
  • Low-acid canned food (e.g. canned green beans)
  • Hermetically-sealed acidified food
    • Canned pickles, salsas, sauces, etc. are not allowed, but other acidified foods are allowed as long as they are stored at a proper temperature and are not canned
  • Meat substitutes (e.g. tofu)
  • Fermented foods (e.g. kimchi)

Limitations How will your home food business be restricted?

There is no sales limit

Business What do you need to do to sell food from home?

Food Safety Training

You must take an accredited food safety course, such as Learn2Serve’s Food Handler course, which costs $10 and can be completed online in a couple hours.

If you only sell at farmers markets and only sell non-perishable foods, you are exempt from this requirement.

Registration

You must register your business. Registration is free and can be completed online in a few minutes. You must provide:

  • Your contact information
  • Food safety course name & completion date
  • If applicable, private well testing date

If you only sell at farmers markets and only sell non-perishable foods, you are exempt from this requirement.

Private well testing

If you have a private well, you must get your water tested for nitrates and bacteria.

If you only sell at farmers markets and only sell non-perishable foods, you are exempt from this requirement.

Labeling How do you label cottage food products?

Sample Label

Forrager Cookie Company

123 Chewy Way, Cookietown, NE 73531

Perishable foods must also have every ingredient listed on the label, from highest weight to lowest.

Whenever and wherever you are selling (including your website, advertisements, your home, etc.), you must inform the customer with a sign or notification that says: “This food was prepared in a kitchen that is not subject to regulation and inspection by the regulatory authority and may contain allergens”

Resources Where can you find more information about this law?

Department
Nebraska Department of Agriculture
Contacts
Department
Department of Agriculture
Email
agr.foodsafety@nebraska.gov
Telephone
402-471-3422
Address
PO Box 94947
Lincoln, NE 68509
Law Dates
April 2003
LB 250
September 2019
LB 304
March 2021
Lincoln Ordinance & Lawsuit
July 2024
LB 262

Before 2019, Nebraska had one of the most restrictive cottage food laws in the nation, since homemade food could only be sold at farmers markets. In 2019, a bill (LB 304) greatly expanded their cottage food law, and in 2024, another bill (LB 262) greatly expanded it again.

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