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
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
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.
Limitations
Business
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.
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
If you have a private well, you must get your water tested for nitrates and bacteria.
Labeling
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
- Department
- Department of Agriculture
- Telephone
- 402-471-3422
Comments
Laurel
Does elderberry and aronia berry syrup fall under the “syrup” category for what can be made and sold from home without a permit?
Kathi Siebrandt
How long does it take to receive your permit from the state. I submitted my training and filled out the online form.
Mariam Shehata
Can I prepare food at my home and sell it to my neighbors and friends or sell it from my garage??
David Crabill
With the new law, yes, you can now do that! You probably wouldn’t be able to keep your garage open as a storefront (due to zoning laws), but you could make sales elsewhere (like online) and have people pick the items up at your garage.
Kaye Rhodes
Does the cottage law cover craft shows?
Erica Smith
It does not, but we are currently working to change that. My name is Erica Smith and I work at the nonprofit, the Institute for Justice. Last year, we expanded cottage food law in five different states, and this year we are focusing on Nebraska. A bill will be introduced to expand where sales can occur. If you are interested in knowing more or getting involved, please email me at esmith@ij.org!
David Crabill
As of September 2019, yes, it now covers craft shows!
Tiffinie
If I teach small group cooking classes in my home, or a customer’s home, do I need a special license or permit?
David Crabill
I actually think you might be able to do that without a special permit, but I’m not 100% sure. I’d check with the ag dept first.
Letty Arenillas
I do have a grocery store could I make salsas or veggies and fruit juices for sale at my store? Do I need special permit for that?
David Crabill
You would need to use a commercial kitchen and a permit to prepare those.
Cynthia
Hello, I do own a restaurant and can I make sauce from the restaurant kitchen and sell on Amazon? Thank you!