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Nebraska Can you legally sell food from home in Nebraska?

Cottage Food Law

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.

Selling Where can you sell homemade food products?

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.

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Allowed Foods What food products can you sell from home?

Prohibited Foods

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 How will your home food business be restricted?

Limitations
There is no sales limit

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

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 How do you label cottage food products?

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 Where can you find more information about this law?

Department
Agriculture
Contacts
Department
Department of Agriculture
Telephone
402-471-3422
Law Dates
April 2003
LB 250
September 2019
LB 304

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Starting a cottage food business?

TAKE THE FREE MINI COURSE

How To Start A Cottage Food Business

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