Nebraska Cottage Food Law
A complete guide to cottage food regulations in Nebraska (NE) — revenue limits, allowed products, labeling, and permitting requirements.
Requirements & Restrictions
Permitting & Registration
- Food Handler Certification
- Required
- Business License
- Not required
- State Registration
- Required — Nebraska Department of Agriculture
Where You Can Sell
- Farmers market
- Fair
- Festival
- Craft show
- Other public event
- Pickup at producer's private home
- Delivery from producer's private home
- United States mail (non-TCS foods only)
- Commercial mail delivery service (non-TCS foods only)
Prohibited Products
- Any part of an animal, vertebrate or invertebrate, or animal byproduct
- Fluid milk or milk products as defined in the Grade A Pasteurized Milk Ordinance (see Nebraska Milk Act)
- Raw eggs
- Unpasteurized juice
- Infused oils or infused honey
- Sprouts
- Low-acid canned food and hermetically sealed acidified food
- Tofu, tempeh, or similar meat substitutes
- Kimchi, kombucha, or similar fermented foods
Labeling Requirements
The following information must appear on every cottage food product label sold in Nebraska:
Required Disclaimer
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
Additional Notes
Nebraska cottage food is defined by exclusion: all non-TCS (time/temperature control for safety) foods are permitted unless explicitly prohibited. No annual revenue cap is stated in the law. Ingredients must be listed in descending order of predominance only for TCS (time/temperature control for safety) foods. The disclaimer notification is required at the point of sale (at the sales location for in-person sales; on the producer's website, advertisements, and at the producer's home for pickup/delivery sales) — it is a posted notice, not a package label. Package label must include producer name and address. Food safety course exemption: producers selling ONLY non-TCS food directly to consumers at a farmers market are exempt from both the food safety course requirement and the registration requirement. TCS foods may only be delivered in person by the producer; non-TCS foods may be shipped via USPS or commercial carrier. Cottage food cannot be wholesaled to restaurants, grocery stores, or other retail establishments. Cottage food can only be prepared in a private home kitchen. Producers using private well water must provide proof of well water testing for nitrate/bacteria contamination at registration. The disclaimer allergen standard is 'CUSTOM' — the law requires a general 'may contain allergens' notice rather than listing specific allergens per FDA Big 9 or another standard. Statute reference: Nebraska Revised Statute 81-2,280.
Frequently Asked Questions
- What is the annual revenue limit for cottage food businesses in Nebraska?
- Nebraska does not impose a stated annual revenue limit on cottage food producers.
- Do I need a food handler certification to sell cottage food in Nebraska?
- Yes. Nebraska requires cottage food producers to hold a valid food handler certification.
- Is a business license required for cottage food sales in Nebraska?
- No. Nebraska does not require a business license to operate a cottage food business.
- Does Nebraska require cottage food producers to register with the state?
- Yes. Nebraska requires cottage food businesses to register with Nebraska Department of Agriculture.
- Where can I legally sell cottage food products in Nebraska?
- In Nebraska, cottage food products may be sold at: Farmers market, Fair, Festival, Craft show, Other public event, Pickup at producer's private home, Delivery from producer's private home, United States mail (non-TCS foods only), Commercial mail delivery service (non-TCS foods only).
- What allergen labeling standard applies to cottage food in Nebraska?
- Nebraska follows the CUSTOM for cottage food labeling.
- What products are prohibited under Nebraska cottage food law?
- The following products may not be sold under Nebraska's cottage food exemption: Any part of an animal, vertebrate or invertebrate, or animal byproduct, Fluid milk or milk products as defined in the Grade A Pasteurized Milk Ordinance (see Nebraska Milk Act), Raw eggs, Unpasteurized juice, Infused oils or infused honey, Sprouts, Low-acid canned food and hermetically sealed acidified food, Tofu, tempeh, or similar meat substitutes, Kimchi, kombucha, or similar fermented foods.