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Can I sell food from home in Nebraska?
Nebraska cottage food law at a glance
| Home food sales allowed | yes Cottage Food Registration (private home food producer, Nebraska Pure Food Act) |
|---|---|
| Law | Neb. Rev. Stat. 81-2,280 and 81-2,245.01(7) (LB 304, 2019; amended LB 262, 2024) |
| Sales cap | No cap |
| Permit or registration | registration. Register with the Nebraska Department of Agriculture before selling (free, one-time per UNL Extension; online form). Must first complete an approved food safety course (e.g., ServSafe, StateFoodSafety, UNL Cottage Food Law Training) and provide private well water test if applicable. Exception: non-TCS foods sold directly at farmers markets need no registration or course. No routine kitchen inspection. |
| Sell in person | yes |
| Take online orders | yes |
| Ship within the state | yes |
| Ship to other states | unverified |
| Sell to shops and cafes | no |
| Where you can sell, details | Direct to consumers at farmers markets, fairs, festivals, craft shows, other public events, or pickup at/delivery from the home. Non-TCS food may be sent by US mail or commercial carrier; TCS food must be delivered in person by the producer, kept at safe temps, max 2 hours in transit. No resale by shops/cafes. UNL Extension says mail within Nebraska; out-of-state guidance is inconsistent - confirm with NDA. |
yes = allowed; limited = allowed with conditions; no = not allowed; unverified = we could not confirm it from an official source.
What foods can you sell from home in Nebraska?
Allowed: Any non-adulterated food not on the prohibited list, including TCS foods since LB 262 (2024), e.g., baked goods, cakes with fully cooked eggs, cheesecake, ice cream, pudding (with approved-source dairy), chocolate-covered strawberries, pectin jams/jellies.
Not allowed: Meat or any animal part/by-product, fluid milk products (Grade A PMO), raw eggs, unpasteurized juice, infused oils or honey, sprouts, low-acid canned and hermetically sealed acidified foods (e.g., sealed BBQ sauce), tofu/tempeh/meat substitutes, kimchi/kombucha/similar fermented foods, raw milk products, pet treats (separate NDA rules).
Label requirements in Nebraska
Home-kitchen statement: No statement is required on the package itself. Instead, a notice that the food "Was prepared in a kitchen that is not subject to regulation and inspection by a regulatory authority" and "May contain allergens" must be given at the sale location (markets, fairs, events), or for pickup and delivery sales at the home, on the producer's website and in any print, radio, TV or internet ads (Neb. Rev. Stat. 81-2,280(5)(a)). no statement required
Optional line: This food was prepared in a kitchen that is not subject to regulation and inspection by a regulatory authority. May contain allergens.
Other label items: Package label: the producer's name and address (Neb. Rev. Stat. 81-2,280(6)); TCS foods must also list ingredients in descending order of predominance. The not-inspected notice is required off the package: at the sale location for markets, fairs and events, and for pickup or delivery sales at the home, on the producer's website and in any print, radio, TV or internet ads (81-2,280(5)(b)-(c)). Printing it on the package too is optional.
Selling from home in Nebraska? The Cottage Kitchen Toolkit prices your recipes for markets, pre-orders and shops. It scales batches and prints ingredient and allergen labels and tells you that Nebraska needs no home-kitchen statement on the package. It also has this guide for all 50 states and DC. One-time price, and it works offline.
Get the toolkit Try the free cookie price checkNotes
LB 262 (2024) expanded the law to TCS foods and requires preparation in a private home; NDA cites a July 19, 2024 effective date (not re-confirmed on the statute page). LB 245 (2025) amended 81-2,245.01 for unrelated food-establishment updates. State law preempts nonconforming local food-safety ordinances. Eggs are not cottage foods (separate egg number). Buyer test (2026-10-25): re-read 81-2,280(5)(a) on nebraskalegislature.gov. The notice is a point-of-sale, website and advertising notice, not package-label wording, so the record no longer marks it as exact label text (labels had printed the description). Label check (2026-10-25): 81-2,280(5) and (6) re-read. The optional line the toolkit pre-fills follows the statute's notice wording; the sign, website and ad notice is still required.
Sources
- NDA Nebraska Pure Food Act 81-2,280 Cottage Food Registration official
- Neb. Rev. Stat. 81-2,280 official
- Neb. Rev. Stat. 81-2,245.01 official
- UNL Extension Cottage Food Law FAQ secondary
Last checked: 2026-10-25 · confidence: high (high = key facts confirmed on an official page; medium = partly confirmed or secondary sources agree; low = a single secondary or outdated source). Summaries are our own wording, not the text of the law.
This page is a research summary, not legal advice. Laws change, and cities and counties can add their own rules. Confirm with your state agency and local health department, using the official sources below, before you sell.