Nebraska Cottage Laws

Ready to turn your home kitchen into a small business? Nebraska has some of the most welcoming cottage food laws in the country! Here's everything you need to know to get started.

The Big News: Nebraska's 2024 Update

Nebraska just got even better for home food entrepreneurs! In July 2024, the state passed LB262, which greatly expanded what you can make and sell. Unlike most states, Nebraska now allows producers to sell most types of homemade foods, including many types of perishable foods.

What Can You Make and Sell?

Nebraska is now one of the most generous states when it comes to cottage foods. You can make two main categories:

Non-TCS Foods (Shelf-Stable Items)

These don't need refrigeration and include:

• Baked goods: cookies, cakes, breads, muffins, pastries, pies
• Jams and jellies (made with pectin)
• Granola and cereal products
• Roasted coffee beans
• Dried herbs and spices
• Certain candies and confections

TCS Foods (Temperature Control for Safety)

This is the big news! Since 2024, you can now sell foods that need refrigeration, including:

• Ice cream and frozen desserts (with cooked custard base)
• Cheesecakes and cream-filled pastries
• Fresh salsas (in plastic containers with 7-day shelf life)
• Pesto, hummus, and other dips
• Cheese danishes
• Chocolate-covered strawberries

Important note: TCS foods must be kept at proper temperatures (below 41°F for cold foods, above 135°F for hot foods) and can only be transported for up to 2 hours.

What You CAN'T Make

Even with Nebraska's generous laws, there are still some restrictions:

• No meat, poultry, or fish products
• No home-made yogurt or whipped cream as standalone products
• No fermented foods like kimchi or kombucha
• No raw cookie dough in ice cream
• No ice cream made with uncooked raw eggs
• No canned low-acid foods like pickles or canned salsa

The Money Side: No Limits!

Here's fantastic news: Nebraska has no sales limit! You can make as much money as your skills and time allow. There's no cap that forces you to stop or upgrade to a commercial kitchen.

Where Can You Sell?

Nebraska allows you to sell directly to consumers at farmers markets, events, from home, and online:

From Your Home

• Direct sales to customers who pick up
• Online sales for pickup or delivery within Nebraska

At Events

• Farmers markets
• Craft fairs and festivals
• Roadside stands
• Any public event

Online and Delivery

• Non-perishable products can be shipped within Nebraska
• TCS foods can only be delivered in person by you, the producer

What you CAN'T do: You cannot wholesale to restaurants or grocery stores – all sales must be direct to consumers.

Requirements to Get Started

1. Food Safety Training

You must take an accredited food safety course (like Learn2Serve's Food Handler course, which costs about $10 and takes a couple hours online).

Exception: If you only sell at farmers markets and only sell non-perishable foods, you're exempt from this requirement.

2. Registration

You must register your business with the state. Registration is free and can be completed online in just a few minutes. You'll need to provide:

• Your contact information
• Types of foods you plan to sell
• Where you plan to sell them

3. Water Testing (If Applicable)

If you have a private well, you must get your water tested for nitrates and bacteria. Again, if you only sell at farmers markets with non-perishables, you're exempt.

Labeling Requirements

Every item you sell must have proper labeling:

For Non-TCS Foods:

• Your name and specific mailing address
• Product name
• Net weight

For TCS Foods (the refrigerated ones): All ingredients listed in descending order by weight (heaviest ingredient first)

Required Warning Statement: You must display this exact statement wherever you sell: “This food was prepared in a kitchen that is not subject to regulation and inspection by the regulatory authority and may contain allergens”

Special Rules for TCS Foods

If you're selling the new refrigerated items, pay attention to these rules:

• Cold foods must stay below 41°F during transport
• Transportation time cannot exceed 2 hours
• You must deliver TCS foods in person – no mailing
• All ingredients must be purchased from licensed establishments (grocery stores, not local farms)

Getting Started: Your Action Plan

Step 1: Decide what foods you want to make – remember, everything must be prepared in your private home

Step 2: Take the required food safety course online

Step 3: Register your cottage food business (free!) at the Nebraska Department of Agriculture website

Step 4: If you have a private well, get your water tested

Step 5: Create proper labels with all required information

Step 6: Start small and build your customer base

Step 7: Check with your local city/county about any business license requirements

Why Nebraska Is Special

Over 1,000 people have registered cottage food businesses in Nebraska, representing 83 of the state's 93 counties! Nebraska has a very good cottage food law compared to most states, especially with the 2024 expansion that allows refrigerated foods.

The state genuinely wants to support small food entrepreneurs, and the laws reflect that commitment.

Food Safety: Your Responsibility

Even though you don't need inspections, food safety is crucial:

• Clean: Wash hands and surfaces frequently
• Separate: Avoid cross-contamination
• Cook: Use proper temperatures
• Chill: Keep cold foods cold, especially those TCS items

For TCS foods, invest in good thermometers and coolers to maintain proper temperatures.

The Bottom Line

Nebraska's cottage food law has “lowered barriers to entry to explore the idea of starting a food business” and the 2024 updates make it even better. Whether you're dreaming of selling grandma's cookies or gourmet cheesecakes, Nebraska gives you the freedom to start small, test the market, and grow your business.

With no sales limits, the ability to sell online, and now permission to make refrigerated foods, Nebraska is truly one of the most entrepreneur-friendly states for cottage food producers.

Ready to get started? The main requirements are simple: take a food safety course, register (for free), label properly, and start baking! Your entrepreneurial dreams are just a kitchen away.

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Questions about Nebraska's cottage food laws? Visit cottagefoodlaw.unl.edu or contact the Nebraska Department of Agriculture. Happy baking!