Nebraska passed a bill (LB 304) in 2019 which greatly expanded their cottage food law. Before that, homemade food could only be sold at farmers markets.

Producers can sell any type of non-perishable food at farmers markets, public events, from home, and online. For sales outside of farmers markets, producers must complete a food safety course, as well as online registration.

This law does not allow indirect sales (wholesale, retail stores, etc), but there is no sales limit and it is very easy and inexpensive to start using the law.

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Allowed Foods

Bread

Bagels Biscuits Breads Brownies Cakes Cookies Doughnuts Muffins Rolls Scones Sweet breads Tortillas

Candy

Baked candy Brittles Candies Chocolate Cotton candy Fudge

Condiments

Honey Oils Syrups Vinegars

Dry goods

Cereals Coffee beans Dried fruit Herbs Mixes Pasta noodles Spices & Seasonings Tea leaves

Pastries

Cones Other Pastries Pies

Preserves

Jams & jellies Marmalades

Snacks

Caramel corn Chocolate-covered items Crackers & Pretzels Fruit leathers Granola Kettle corn Nuts & seeds Popcorn Popcorn balls

Prohibited Foods

Perishable baked goods Low-acid canned foods

There are probably more prohibited foods, but the ones above have been confirmed

The law allows any non-potentially hazardous food, but the ag department has not specified whether some riskier non-PHFs, like acidified foods, are allowed.

Only "non-potentially hazardous" foods are allowed, but certain non-PHFs may not be allowed. Most foods that don't need to be refrigerated (foods without meat, cheese, etc.) are considered non-potentially hazardous. Learn more

Limitations

Limitations

Direct sales only Interstate sales prohibited

There may be more limitations, but the ones above have been confirmed

There is no sales limit

Business

Food safety training

If you sell at venues other than a farmers market, you must take an accredited food safety course, which can be completed online in a few hours and usually costs about $15.

Registration

If you sell at venues other than a farmers market, 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

Private well testing

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

Labeling

Label Requirements

Business address Business name

Sample Label

Forrager Cookie Company

123 Chewy Way, Cookietown, NE 73531

At all venues (including your website or other advertising venues), you must visibly notify the customer that your products were prepared in a kitchen that is not subject to regulation and inspection by the regulatory authority, and that the food may contain allergens.

Although the law only requires you to put your name and address on labels, farmers markets may have more requirements, such as product name, net weight, and ingredient list.

Resources

Nebraska Revised Statute 81-2,245.01(7)

Nebraska Revised Statute 81-2,280

Registration Requirements

Registration Form

Requirements for Farmers Markets & Craft Shows

Contacts

Food Safety & Consumer Protection

Department

Department of Agriculture

Telephone

402-471-3422

Law Dates

April 2003

LB 250

September 2019

LB 304