Cottage food laws in Nebraska

The limits

Sales cap

None

You can sell

Non-TCS baked goods (breads, cookies, cakes, brownies, muffins, pastries); traditional jams/jellies made with pectin; candies and confections; popcorn, kettle corn, caramel corn; granola/trail mix. Since LB262 (2024), Nebraska also permits certain TCS items: cheesecakes, cream pies, cream-filled pastries, cheese danishes, chocolate-covered strawberries, fully cooked items containing cooked eggs, and finished goods (ice cream, cheese, cheesecake) using approved-source milk.

You cannot sell

Raw milk and non-Grade-A dairy, raw eggs, unpasteurized juice, infused oils/honey, sprouts, low-acid canned/hermetically sealed acidified foods, tofu/tempeh/meat substitutes, kimchi/kombucha/other fermented foods, and most animal/animal-byproduct items outside the approved TCS list above.

Getting set up

Permit / registration

Yes — free, one-time online registration through NDA's AccessGov portal; does not expire and has no renewal requirement. Applicant must provide name/address/phone, proof of food safety training, and (if on a private well) water-test results. NDA states up to 10 days to process.

Cost

None

Training

Yes — before conducting any food sales, a home food producer must successfully complete a nationally accredited food safety and handling education/training course (e.g., ServSafe, StateFoodSafety, or the University of Nebraska–Lincoln's Cottage Food Law Training) and document the course type and completion date to the Department. The statute is silent on any renewal or expiration interval for this training — it does not require periodic retaking of the course, so on the statute's face this is a one-time (not recurring) requirement. Producers selling only non-TCS food directly to consumers at a farmers market are statutorily exempt from the registration/training requirement.

Kitchen inspection

No — home kitchens are "not subject to regulation and inspection by a regulatory authority."

Labeling

Producer name and address; for TCS items, ingredients listed in descending order of predominance; and the required disclosure: "This food was prepared in a kitchen that is not subject to regulation and inspection by the regulatory authority and may contain allergens."

Where you can sell

Permitted venues

Direct to consumer at farmers markets, fairs, festivals, craft shows, and other public events, plus pickup or delivery from the producer's private home. Resale through third parties (e.g., coffee shops) is not permitted.

Online sales

Yes

Delivery in state

Yes for non-TCS items via USPS or commercial mail carrier. TCS items must be hand-delivered by the producer in person within two hours, maintained at compliant temperatures — mail/carrier delivery of TCS items is not permitted.

Shipping out of state

Not confirmedUnverified — Nebraska's cottage food statute (Neb. Rev. Stat. § 81-2,280) and NDA's program page address only in-state delivery methods (direct sale, home pickup/delivery, farmers markets, and delivery by U.S. mail or commercial mail carrier for non-TCS food), and do not address sales to out-of-state customers or interstate shipping specifically. Silence here should not be read as either permission or prohibition; federal rules govern interstate commerce regardless. Confirm directly with NDA.

The fine print

Statute

Nebraska's cottage food (home-based food producer) provisions are codified at Neb. Rev. Stat. § 81-2,280, titled 'Producer of food at a private home; requirements; registration; contents,' enacted within the Nebraska Pure Food Act framework. The provision was substantially created/expanded by LB 304 (2019) and further expanded by LB 262 (2024, effective July 19, 2024).

Recent changes

LB262, effective July 19, 2024 — expanded the allowed-foods list to include select TCS items (see above) and reaffirmed that production must occur in a private home (not mobile trailers or commercial locations).

Notes

Nebraska is unusually permissive for a state that still requires registration and training, since LB262 (2024) allows a limited set of TCS ("time/temperature control for safety") products that most other cottage food states prohibit outright. No county-level variation or MEHKO-style home-restaurant law was identified in the sources reviewed.