Nebraska Cottage Food Law 2026
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⚠️ Important Disclaimer
CottageFoodLicense.com is an informational platform, not a law firm. The information provided by our AI Checker, templates, and guides does not constitute legal advice. Cottage food laws change frequently. You must verify all information with your local health department before selling products.
Allowed
- ✓Non-TCS baked goods (breads, cookies, cakes, brownies, muffins, pastries)
- ✓Refrigerated/TCS baked goods added by LB 262 (2024) (e.g., cheesecakes, cream pies, cream-filled pastries, cheese danishes)
- ✓Candies and confections
- ✓Popcorn, kettle corn, caramel corn
- ✓Granola, trail mix, dry mixes
- ✓Roasted coffee beans, dried tea blends
- ✓Jams, jellies, and fruit butters made with pectin and sugar (traditional, full-sugar recipes)
- ✓Fresh (refrigerated, non-canned) pickles, salsas, and sauces
- ✓Non-meat TCS sauces and dips added by LB 262 (hummus, pesto)
- ✓Dried herbs, herb mixes, dehydrated fruits and vegetables
Prohibited
- ✕Any part of an animal or animal by-product (meat, poultry, fish)
- ✕Home-made yogurt, whipped cream, or fluid dairy products
- ✕Home-canned/processed pickles, salsas, sauces, or other canned acidified foods (must follow 21 CFR 114 in a licensed facility)
- ✕Low-sugar/sugar-free or low-acid fruit/vegetable butters and spreads
- ✕Wholesale to restaurants, grocery stores, or other retailers
- ✕Out-of-state interstate sales (federal FDA jurisdiction)
Labeling Protocols
01Common name of the food (in English)
02Name and address of the cottage food producer (specific contact address)
03Ingredients in descending order of predominance by weight (required for TCS foods, recommended for all)
04Allergen declaration
05Net quantity (recommended)
06Required disclaimer: 'This food was prepared in a kitchen that is not subject to regulation and inspection by the regulatory authority and may contain allergens.' This notice must also appear in any online listing, print, radio, or television advertising.
FAQs
Who regulates cottage food in Nebraska?
The Nebraska Department of Agriculture (NDA), Food Safety & Consumer Protection division, administers the cottage food registration under the Nebraska Pure Food Act. DHHS does not run this program.
Is there a sales cap?
No. Nebraska's cottage food law has no annual gross-sales limit; producers may earn an unlimited amount, provided sales remain direct to the end consumer and within Nebraska.
How much does registration cost and how often must I renew?
Registration with NDA is free and is completed online. It is a one-time registration that does not expire — no annual renewal is required. Email agr.foodsafety@nebraska.gov to update your information.
Can I sell online and ship within Nebraska?
Yes. Under LB 304 (2019), cottage food producers may take orders online and deliver or ship within Nebraska. Non-TCS (shelf-stable) cottage foods may be sent via U.S. Mail or a commercial mail-delivery service to addresses inside Nebraska. TCS foods (e.g., cheesecakes, cream pies, hummus, pesto) added by LB 262 (2024) must be delivered by the producer in person and may not be transported for more than two hours, kept at safe temperatures.
Can I ship out of state?
No. Nebraska's cottage food exemption only covers intrastate sales. Shipping cottage food across state lines is interstate commerce and falls under FDA jurisdiction, which requires a licensed/inspected facility.
What did LB 262 (2024) change?
Effective July 19, 2024, LB 262 (which absorbed LB 321) expanded Nebraska's cottage food list to include certain refrigerated and TCS items such as cheesecakes, cream-filled pastries, cheese danishes, hummus, and pesto sauces. These TCS items must be sold direct in person, transported under proper temperature control, and held no longer than two hours during transport.
What is the required label disclaimer?
Every cottage food label — and any advertising in any medium — must state: 'This food was prepared in a kitchen that is not subject to regulation and inspection by the regulatory authority and may contain allergens.' Labels must also include the food's common name, the producer's name and address, and (for TCS foods) the ingredients in descending order of predominance by weight.
Can I sell to restaurants, grocers, or other retailers?
No. All sales must be direct from the producer to the informed end consumer. Wholesale, consignment, and resale through retailers are not permitted under the cottage food exemption.
What Comes Next
After You Verify Compliance: Your Next 4 Steps
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- 01
Liability Shield
Form an LLC
Separating your personal finances from your cottage food business protects your home and savings if a customer ever brings a claim. Both providers below file in all 50 states and handle registered agent service for Nebraska.
- 02
Protect Your Kitchen
Get Product Liability Insurance
A single allergy incident or contamination claim can erase years of profit. FLIP (Food Liability Insurance Program) is built specifically for cottage food operators — flat-rate annual policies with farmers market and online sales coverage included.
- 03
Recommended in Nebraska
Complete Food Safety Training
Nebraska does not mandate food safety training, but completing one builds buyer trust and protects you if a labeling or handling question ever arises. Learn2Serve's online course takes a few hours.
- 04
Production Ready
Set Up Your Kitchen and Labels
The right thermometers, storage containers, scale, and label printer turn a home kitchen into a compliant production space. Our Week 11 equipment guide walks through what we use and the Nebraska-specific labeling fields you'll need.
Official Sources
Verify current requirements directly with the state:
At a Glance
Permit Fee
$0
Free, one-time online registration with NDA. Registration does not expire and has no renewal requirement; producers email agr.foodsafety@nebraska.gov to update their information.
Renewal
None — one-time registration; does not expire
Shipping