In 2019, Nebraska passed a bill (LB 304) allowing individuals to sell homemade foods already authorized for sale at farmers’ markets directly to consumers from the producer’s home, fairs, festivals, other public events or online for pick-up or delivery—all within the state of Nebraska.
On July 19, 2024, Nebraska updated the cottage food law with LB262. This expanded the types of foods cottage food producers could sell, including some that are considered TCS foods. This expansion still does not allow wholesaling to restaurants, grocery stores, etc. Nebraska producers can sell food outside of the farmers’ market season with no sales limit, as long as the following is kept in mind:
Cottage Foods Sales Venues
Sales venues allowed under the cottage food law include:
- Farmers’ markets or roadside stands
- Public events, like fairs and festivals
- At the producer’s home
- Online or mail order in Nebraska or to states where is it legal to mail cottage foods.
- Delivered in person by the producer
No matter the venue (including at home, online or in any print, radio or television advertising), the producer must visibly notify customers that the products were prepared in a kitchen not subject to regulation or inspection by the state regulatory authority. The customer must also be visibly notified that the food may contain allergens. Example: “This food was prepared in a kitchen not subject to regulation or inspection by the state regulatory authority and may contain allergens.”
Questions?
Need answers to your Cottage Foods questions? Check out our Frequently Asked Questions. Or contact one of our Cottage Food experts.
