Nebraska Cottage Food Law
Tier: Good. Solid baseline with moderate restrictions — typically a high cap (often $50K+) and standard direct-to-consumer rules. Workable for most home bakers.
None
Non-time/temperature-control-for-safety (non-TCS) foods prepared in a private home may be sold directly to consumers at farmers markets, fairs, festivals, craft shows, and other public events, or via home pickup and delivery. As of LB262 (effective July 19, 2024), some TCS foods are also permitted with additional handling requirements. There is no annual sales cap.
Registration: Yes. Food handler cert: Yes.
Nebraska Revised Statutes Chapter 81, Section 81-2,280 — Producer of Food at Private Home; Requirements; Registration; Contents (Nebraska Pure Food Act)
Verbatim excerpt81-2,280. Producer of food at private home; requirements; registration; contents. (1) A producer of food at a private home as described in subdivision (7) of section 81-2,245.01 shall meet the requirements of this section. (2) Such producer shall only provide food that is not adulterated and is not any of the following types of time/temperature control for safety food: (a) Any part of an animal, vertebrate or invertebrate, or animal by-product; (b) Fluid milk or milk products as defined in the Grade A Pasteurized Milk Ordinance adopted by reference in the Nebraska Milk Act; (c) Raw eggs; (d) Unpasteurized juice; (e) Infused oils or honey; (f) Sprouts; (g) Low-acid canned food and hermetically sealed acidified food; (h) Tofu, tempeh, or similar meat substitutes; or (i) Kimchi, kombucha, or similar fermented foods. (3) Prior to conducting any food sales, the producer, other than a producer selling food that is not time/temperature control for safety food directly to the consumer at a farmers market, shall successfully complete a nationally accredited food safety and handling education course. (4) The producer shall register with the department prior to conducting any sales of food. (5)(a) The producer shall inform the consumer by a clearly visible notification that the food was prepared in a kitchen that is not subject to regulation and inspection by a regulatory authority; and may contain allergens. (6) The producer shall label the food so that the name and address of the producer is provided to the consumer on the package or container label. (8) The provisions of this section supersede and preempt any ordinance, rule, regulation, or resolution regulating food safety and handling adopted or enacted by a political subdivision that is not in conformance with this section.
Source: nebraskalegislature.gov/laws/statutes.php?statute=81-2%2C280 →
Nebraska Cottage Food Law — Full PDF report
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Nebraska Cottage Food Law — Official Guidance Summary
Official agency guidance changes without notice. The text below is reproduced for reference only — always confirm current rules on the agency website before relying on it.
- Nebraska Department of Agriculturehttps://nda.nebraska.gov/foods/processed_food/cottage_foods.html
Nebraska's cottage food rules are set by Neb. Rev. Stat. §81-2,280 (producer of food at private home); §81-2,239 et seq. (Nebraska Pure Food Act). The summary below is drawn from Crosodo's verified statute research and official agency guidance. Always confirm current requirements on the state agency website before you sell.
Program basics
- Nebraska Revised Statutes Chapter 81, Section 81-2,280 — Producer of Food at Private Home; Requirements; Registration; Contents (Nebraska Pure Food Act)
- None
- Yes
- Yes
- No
Allowed products and sales channels
- Non-time/temperature-control-for-safety (non-TCS) foods prepared in a private home may be sold directly to consumers at farmers markets, fairs, festivals, craft shows, and other public events, or via home pickup and delivery.
- As of LB262 (effective July 19, 2024), some TCS foods are also permitted with additional handling requirements. There is no annual sales cap.
- TCS foods with the greatest risk are prohibited: animal parts, raw milk products, raw eggs, unpasteurized juice, infused oils or honey, sprouts, low-acid canned/hermetically sealed acidified foods, tofu/tempeh, and kimchi/kombucha. Wholesale to restaurants or grocery stores is not allowed under this framework.
- Sales must be direct-to-consumer. Wholesale to restaurants, grocery stores, or distributors is not permitted under the cottage food framework. Non-TCS foods may be mailed; TCS foods must be delivered in person by the producer within 2 hours.
Labeling
- Labels must include the producer's name and address on every package or container. TCS foods must additionally list ingredients in descending order of predominance.
- A clearly visible notification must inform consumers that the food was prepared in a kitchen not subject to regulation/inspection and may contain allergens.
Statute excerpt
- 81-2,280. Producer of food at private home; requirements; registration; contents. (1) A producer of food at a private home as described in subdivision (7) of section 81-2,245.01 shall meet the requirements of this section.
- (2) Such producer shall only provide food that is not adulterated and is not any of the following types of time/temperature control for safety food: (a) Any part of an animal, vertebrate or invertebrate, or animal by-product; (b) Fluid milk or milk products as defined in the Grade A Pasteurized Milk Ordinance adopted by reference in the Nebraska Milk Act; (c) Raw eggs; (d) Unpasteurized juice; (e) Infused oils or honey; (f) Sprouts; (g) Low-acid canned food and hermetically sealed acidified food; (h) Tofu, tempeh, or similar meat substitutes; or (i) Kimchi, kombucha, or similar fermented foods.
- (3) Prior to conducting any food sales, the producer, other than a producer selling food that is not time/temperature control for safety food directly to the consumer at a farmers market, shall successfully complete a nationally accredited food safety and handling education course. (4) The producer shall register with the department prior to conducting any sales of food.
- (5)(a) The producer shall inform the consumer by a clearly visible notification that the food was prepared in a kitchen that is not subject to regulation and inspection by a regulatory authority; and may contain allergens. (6) The producer shall label the food so that the name and address of the producer is provided to the consumer on the package or container label.
- (8) The provisions of this section supersede and preempt any ordinance, rule, regulation, or resolution regulating food safety and handling adopted or enacted by a political subdivision that is not in conformance with this section.
Official sources
- State agency cottage food page: https://nda.nebraska.gov/foods/processed_food/cottage_foods.html
- Statute: https://nebraskalegislature.gov/laws/statutes.php?statute=81-2,239.05
Summarized from official Nebraska cottage food statute research and agency guidance. Agency rules change — verify on the official site before relying on this information.
Nebraska Counties
93 counties tracked. Pick yours for the local zoning + health department links.
View all 93 counties →City zoning rules in Nebraska
City zoning rules apply on top of the state cottage food law — home occupation, customer pickup, signage, and employees.
The Cottage Baker's Field Guide (PDF)
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Nebraska cottage food law — FAQ
Do I need a license or permit to sell homemade food in Nebraska?
Yes — Yes. Food handler certification: Yes.
What foods can I sell under the Nebraska cottage food law?
Non-time/temperature-control-for-safety (non-TCS) foods prepared in a private home may be sold directly to consumers at farmers markets, fairs, festivals, craft shows, and other public events, or via home pickup and delivery. As of LB262 (effective July 19, 2024), some TCS foods are also permitted with additional handling requirements. There is no annual sales cap.
Is there a sales cap for cottage food in Nebraska?
None
How good is Nebraska's cottage food law?
Nebraska is a Good-tier cottage food state by Crosodo's rating criteria. Solid baseline with moderate restrictions — typically a high cap (often $50K+) and standard direct-to-consumer rules. Workable for most home bakers.
Cottage food laws are amended every year. This is a starting reference, not legal advice. Verify with Nebraska Department of Agriculture and your local health department before relying on this data.