In 2019, Nebraska passed a bill (LB 304) allowing individuals to sell homemade foods already authorized for sale at farmers’ markets directly to consumers at the producer’s home, fairs, festivals, other public events or online for pick-up or delivery—all within the state of Nebraska. While this expansion to the cottage food law does not allow indirect sales (wholesale, retail stores, etc.), Nebraska producers can now sell non-potentially hazardous food outside of the farmers’ market season with no sales limit, as long as the following is kept in mind:
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Venues and Services
Those allowed under the cottage food law include:
- Farmers’ markets or roadside stands
- Public events, like fairs and festivals
- At the producer’s home
- Online or mail order in Nebraska or to states where is it legal to mail cottage foods.
- Deliverd in person by the producer
No matter the venue (including at home, online or in any print, radio or television advertising), the producer must visibly notify customers that the products were prepared in a kitchen not subject to regulation or inspection by the state regulatory authority. The customer must also be visibly notified that the food may contain allergens. Example: “This food was prepared in a kitchen not subject to regulation or inspection by the state regulatory authority and may contain allergens.”
Those prohibited under the cottage food law include:
- Restaurants
- Retail stores
- Catering
- Wholesale
Foods
Those allowed under the cottage food law include:
- Baked goods with no fillings or toppings that require refrigeration for food safety.
- Bagels, biscuits, breads, brownies, cakes, cones (both waffle and sugar), cookies, donuts, muffins, pastries, pies (without dairy-based filling), rolls, scones, sweet breads and tortillas
- Candies
- Baked candy, brittles, candies (such as toffees, caramels and hard candies), chocolate, cotton candy and fudge)
- Condiments
- Honey and syrups
- Dry goods
- Cereals, dry-roasted coffee beans, dried herbs, dry baking or soup mixes, dry pasta, spices, seasonings and dried tea leaves
- Snacks
- Caramel corn, chocolate covered goods (such as nuts and pretzels), crackers, pretzels, fruit leathers, granola, kettle corn, nuts and seeds, popcorn and popcorn balls
Those prohibited under the cottage food law include:
- Perishable baked goods (those requiring refrigeration for food safety)
- Vinegars infused with chemicals or preservatives
- Home canned goods
Business Requirements
- Completion of an accredited food safety training
- The producer must complete an accredited food safety course, which can be completed online or in-person in a few hours and generally costs $20-$25.
- Nebraska Extension offers both an in-person and online accredited training option for producers looking to comply with the current Nebraska cottage food law.
- Compliance with food safety guidelines required by the county, city or village for sale at public events.
- Private well testing, if applicable
- If the producer has a private well, it must be tested for nitrates and bacteria.
- Registration with the Department of Agriculture
- The producer must register their cottage food business. This is free and can be completed online in a few minutes. Registration must include:
- The producer’s contact information
- Food safety course name and completion date
- If applicable, private well testing date
- The producer must register their cottage food business. This is free and can be completed online in a few minutes. Registration must include:
Labeling
- Label must be legible and in English
- Label must include:
- The common name of the food
- The name and address of the cottage food operator
- The following statement: “The food was prepared in a kitchen that is not subject to regulation and inspection by the regulatory authority and may contain allergens.”