Nebraska cottage food law

The rules at a glance

Cottage Food Program

• Unattended honesty stand?

  Not addressed

  The law doesn't mention unattended, self-serve or honor-system stands.

• Sign up with the state?

  Yes

  Register before selling, except non-TCS foods sold directly at a farmers market.

  Source

  • The producer shall register with the department prior to conducting any sales of foodNebraska Revised Statute 81-2,280, Producer of food at private home
  • This subsection shall not apply to a producer of food that is not time/temperature control for safety food selling directly to the consumer at a farmers marketNebraska Revised Statute 81-2,280, Producer of food at private home

• Food safety class?

  Sometimes

  Required before selling, except non-TCS foods sold directly at a farmers market.

  Source

  • Prior to conducting any food sales, the producer, other than a producer selling food that is not time/temperature control for safety food directly to the consumer at a farmers market, shall successfully completeNebraska Revised Statute 81-2,280, Producer of food at private home
  • A nationally accredited food safety and handling education course that covers topics such as food safety issues, regulations, and techniques to maintain a food-safe environmentNebraska Revised Statute 81-2,280, Producer of food at private home

• Kitchen inspection?

  No

  State law says the home kitchen is not subject to regulation or inspection.

  Source

  • Was prepared in a kitchen that is not subject to regulation and inspection by a regulatory authorityNebraska Revised Statute 81-2,280, Producer of food at private home

• Yearly sales limit

  No limit

  The statute sets no yearly sales cap.

  Source

  • The producer shall register with the department prior to conducting any sales of foodNebraska Revised Statute 81-2,280, Producer of food at private home

• Foods that need a fridge?

  Sometimes

  Allowed with limits: no meat, fluid milk, raw eggs, sprouts or kimchi.

  Source

  • You can sell ice cream, cheese, cheesecake, pudding, and other items using approved sourcesNebraska Department of Agriculture: Nebraska Cottage Food Registration
  • These products are considered time temperature for safety and would require refrigeration or freezingNebraska Department of Agriculture: Nebraska Cottage Food Registration
  • Such producer shall only provide food that is not adulterated and is not any of the following types of time/temperature control for safety foodNebraska Revised Statute 81-2,280, Producer of food at private home
  • Any part of an animal, vertebrate or invertebrate, or animal by-productNebraska Revised Statute 81-2,280, Producer of food at private home
  • The food being sold cannot contain meat ingredientsNebraska Department of Agriculture: Nebraska Cottage Food Registration
  • Fluid milk or milk products as defined in the Grade A Pasteurized Milk Ordinance adopted by reference in the Nebraska Milk ActNebraska Revised Statute 81-2,280, Producer of food at private home
  • Raw eggs; (d) Unpasteurized juice; (e) Infused oils or honey; (f) SproutsNebraska Revised Statute 81-2,280, Producer of food at private home
  • Kimchi, kombucha, or similar fermented foodsNebraska Revised Statute 81-2,280, Producer of food at private home

• Take orders online?

  Yes

  Online sales are allowed; cold foods are picked up or delivered in person.

  Source

  • it is required they post a notification wherever items are sold (online or in person)Nebraska Department of Agriculture: Navigating food regulations as a Cottage Food Producer (PDF)
  • For sales conducted for pickup or delivery, such notification shall be provided at the producer's private home, on the producer's website, if such website exists, and in any print, radio, television, or Internet advertisement for such salesNebraska Revised Statute 81-2,280, Producer of food at private home
  • Food that is time/temperature control for safety food shall be delivered only by the producer to the consumer in personNebraska Revised Statute 81-2,280, Producer of food at private home
  • If the food is TCS it shall be delivered only by the producer to the consumer in person or picked up at the producer's homeNebraska Department of Agriculture: Navigating food regulations as a Cottage Food Producer (PDF)

• Ship or mail orders?

  Sometimes

  Only non-TCS foods can be mailed; cold foods must be handed over in person.

  Source

  • Food that is not time/temperature control for safety food may be delivered by United States mail or a commercial mail delivery serviceNebraska Revised Statute 81-2,280, Producer of food at private home
  • Food that is time/temperature control for safety food shall be delivered only by the producer to the consumer in personNebraska Revised Statute 81-2,280, Producer of food at private home

• Sell through shops?

  No

  No wholesale to restaurants, grocery stores or other retail.

  Source

  • Cottage food is not permitted for wholesale to restaurants, grocery stores or other retail establishmentsNebraska Department of Agriculture: Navigating food regulations as a Cottage Food Producer (PDF)
  • Cottage food must be sold directly to the customerNebraska Department of Agriculture: Nebraska Cottage Food Registration

What goes on the label