Nebraska Cottage Food Laws

Nebraska lets producers sell food made in a private home directly to consumers under Neb. Rev. Stat. 81-2,280. Most producers must complete a food safety course and register with the Nebraska Department of Agriculture, or NDA, before selling. Nebraska allows many time/temperature control for safety foods, but not meat, raw milk products, raw eggs and other listed items. Shelf-stable foods may be mailed. No sales cap was found in the statute. This guide covers what you can sell, how you can sell, labeling and when you need a permit instead.

Disclaimer: This page is general information, not legal advice. Laws change, and local zoning, HOA and tax rules vary. Confirm current requirements with the Nebraska Department of Agriculture Food Safety and Consumer Protection division, or with an attorney, before you start selling.

Quick facts

• Producers must register with NDA before selling. Producers selling only non-TCS foods directly to consumers at a farmers market are exempt from registration. Neb. Rev. Stat. 81-2,280(4)
• A food safety course is required before selling, with the same farmers market exception. Neb. Rev. Stat. 81-2,280(3)
• Food is sold directly to the consumer at farmers markets, fairs, festivals, craft shows and other public events, or for pickup or delivery from the home. NDA Cottage Food Registration page
• Shelf-stable food may be delivered by U.S. mail or a commercial mail service. TCS food must be delivered in person. Neb. Rev. Stat. 81-2,280(7)
• No sales cap or registration fee appears in the statute. Neb. Rev. Stat. 81-2,280

What the law calls it

• The statute describes a "producer of food at a private home." NDA calls its program Nebraska Cottage Food Registration. Neb. Rev. Stat. 81-2,280(1); NDA Cottage Food Registration page

Foods you can sell

• Food that is not adulterated and is not one of the banned TCS foods listed in the statute. That allows both shelf-stable foods and many TCS foods, such as baked goods with dairy or eggs. Neb. Rev. Stat. 81-2,280(2); NDA Cottage Food Registration page
• NDA says traditional jams and jellies made with pectin may be sold. NDA Cottage Food Registration page

Foods you cannot sell

• Any part of an animal or animal by-product; fluid milk or milk products under the Grade A Pasteurized Milk Ordinance; raw eggs; unpasteurized juice; infused oils or honey; sprouts; low-acid canned food and hermetically sealed acidified food; tofu, tempeh or similar meat substitutes; and kimchi, kombucha or similar fermented foods. Neb. Rev. Stat. 81-2,280(2)
• NDA says the animal ban means meat ingredients such as lard, tallow, bone broth and bone meal, not eggs or milk used as ingredients. NDA Cottage Food Registration page

Sales limit

• No sales cap appears in the statute. Neb. Rev. Stat. 81-2,280

Where and how you can sell

• Directly to the consumer at a farmers market, fair, festival, craft show or other public event, or for pickup at or delivery from the private home. NDA Cottage Food Registration page
• Mail: shelf-stable food may be sent by U.S. mail or a commercial mail delivery service. Neb. Rev. Stat. 81-2,280(7)
• TCS food must be delivered by the producer in person, kept at safe temperatures and not transported longer than two hours. Neb. Rev. Stat. 81-2,280(7)
• Online: for pickup or delivery sales, the required notice must appear on the producer's website and in internet ads. Neb. Rev. Stat. 81-2,280(5)
• Out of state: the statute does not address out-of-state sales. Ask NDA, and check the receiving state's rules and federal law.
• Wholesale: the program covers sales directly to the consumer. NDA Cottage Food Registration page

Labeling and notice rules

• Labels must show the producer's name and address. TCS foods also need ingredients in descending order. Neb. Rev. Stat. 81-2,280(6)
• Producers must clearly tell consumers the food was prepared in a kitchen that is not regulated or inspected and may contain allergens, at the sale location, at the home, on any website and in ads. Neb. Rev. Stat. 81-2,280(5)

Registration and training

• Registration requires the producer's name, address and phone, the food safety course and completion date and, for private wells, nitrate or bacteria test results. Neb. Rev. Stat. 81-2,280(4)
• Accepted courses include a nationally accredited food safety course, a certified course from a culinary school or local food handler program or an NDA-approved course. Neb. Rev. Stat. 81-2,280(3)
• NDA says registration can take up to 10 days to appear on its online list. NDA Cottage Food Registration page

Zoning, HOAs and local rules

• The statute preempts local food safety and handling rules that conflict with it. It does not address zoning, so check local zoning rules. Neb. Rev. Stat. 81-2,280(8)
• Check your HOA documents, since NDA does not review private covenants.

Inspections

• Producers must tell buyers the kitchen is not subject to regulation and inspection by a regulatory authority. Neb. Rev. Stat. 81-2,280(5)

When you need a permit instead

• Banned foods, wholesale and sales outside the statute's channels require an NDA food establishment or food processing permit. NDA Cottage Food Registration page

Timeline

• 2019: LB 304 enacted the home food producer law. Neb. Rev. Stat. 81-2,280 history
• 2024: LB 262 amended it. Neb. Rev. Stat. 81-2,280 history
• Oct. 13, 2026: this page was last reviewed against Nebraska statutes.

Frequently asked questions

Do I need a license to sell cottage food in Nebraska?

No license, but most producers must register with NDA and take a food safety course. Sources: Neb. Rev. Stat. 81-2,280(3); Neb. Rev. Stat. 81-2,280(4).

Do I need to register to sell at a farmers market?

Not if you sell only shelf-stable foods directly to consumers at a farmers market. Source: Neb. Rev. Stat. 81-2,280(4).

Is there a sales cap in Nebraska?

No cap appears in the statute. Source: Neb. Rev. Stat. 81-2,280.

Can I mail cottage food in Nebraska?

Yes, for shelf-stable foods. TCS foods must be delivered in person. Source: Neb. Rev. Stat. 81-2,280(7).

Can I sell cottage food online in Nebraska?

Yes, for pickup or delivery, with the required notice on your website. Source: Neb. Rev. Stat. 81-2,280(5).

Can I sell cheesecake or cream pies?

They aren't on the banned list, but they must be delivered in person and labeled with ingredients. Sources: Neb. Rev. Stat. 81-2,280(2); Neb. Rev. Stat. 81-2,280(7).

Can I sell kombucha or canned salsa?

No. Fermented foods such as kombucha and hermetically sealed acidified foods are banned. Source: Neb. Rev. Stat. 81-2,280(2).

What must my Nebraska label say?

Your name and address, plus ingredients for TCS foods. Source: Neb. Rev. Stat. 81-2,280(6).

Can my city ban cottage food?

The statute preempts conflicting local food safety rules. Source: Neb. Rev. Stat. 81-2,280(8).

Official sources

• Neb. Rev. Stat. 81-2,280
• NDA: Nebraska Cottage Food Registration

This page is general information, not legal advice. Laws change, and local zoning, HOA and tax rules vary. Confirm current requirements with the Nebraska Department of Agriculture Food Safety and Consumer Protection division, or with an attorney, before you start selling.