Nebraska Statewide Rule
Nebraska Cottage Food Law and Home Sales
Key Facts
- Statute
- Neb. Rev. Stat. 81-2,280
- Refrigerated foods
- Allowed since LB262 (2024)
- Sales cap
- No statewide cap
- Registration
- Required with Dept. of Agriculture
- Label disclaimer
- Home-prepared, uninspected
Summary
Nebraska's Cottage Food Act lets home producers sell many foods directly to consumers without a license. LB262 (2024) expanded it to include some refrigerated foods. Producers must register with the Department of Agriculture and follow state labeling rules that cities cannot supersede.
(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;
Full Breakdown
Neb. Rev. Stat. 81-2,280 (the Cottage Food Act) lets individuals produce and sell foods such as baked goods, jams, jellies, dry mixes, and high-acid canned goods from home, at farmers markets, or at community events. LB262 (2024) expanded the law to allow certain refrigerated or temperature-controlled foods, such as cheesecakes, cream pies, hummus, and pesto, if delivered in person by the producer within limited transport times. Meat, poultry, and fish remain prohibited. Producers must register with the Department of Agriculture and label products with name, address, ingredients, allergens, and a home-prepared, uninspected disclaimer. Annual sales are not capped, but sales must be direct to the end consumer.
Violations & Penalties
Selling prohibited products, failing to label, or operating without registration may trigger Department of Agriculture enforcement, embargo of products, and civil fines.
Frequently Asked Questions
What foods can I sell from home in Nebraska?
Do I need a license for cottage food sales?
Can I ship cottage foods out of state?
Sources
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