Nebraska Cottage Food Law 2026: No Sales Cap, TCS Foods, & No-Cost Online Registration

# Nebraska Cottage Food Law 2026: No Sales Cap, TCS Foods, & No-Cost Online Registration

Yes, you can legally sell baked goods and other foods from your home kitchen in Nebraska. And as of July 2024, Nebraska is one of the most baker-friendly states in the country.

If you only remember three things, make them these: Nebraska has no sales cap on cottage food sales, no-cost online registration with the Department of Agriculture, and—unusually for a cottage food law—you can sell certain refrigerated TCS foods like cheesecake and ice cream. The 2024 LB 262 amendment made Nebraska’s law one of the most progressive in the nation.

This guide breaks down exactly what you can sell, how to register, how to label your products, and how to start selling—all sourced directly from Nebraska statutes and official NDA guidance.

What You Can Sell Under Nebraska Cottage Food Law

Nebraska's cottage food law, updated by LB 262 in 2024, allows you to sell any food that is not adulterated and is not on a specific prohibited list. This includes many Time/Temperature Control for Safety (TCS) foods—items that require refrigeration or temperature control—which is a major expansion from the old law.

Here’s what that means for you: Nebraska’s list of allowed foods is broad. You can make and sell cheesecake, buttercream frosting, and ice cream—as long as you use approved-source dairy and eggs (no raw eggs) and keep them at 41°F or colder during transport. However, you cannot sell meat-based products, homemade yogurt, or anything in a sealed jar of pickles or salsa, as those fall under the "low-acid canned" prohibition.

No Annual Sales Cap

Nebraska has no annual sales cap for cottage food products. The previous $20,000 limit was removed by the LB 262 amendment effective July 19, 2024. You can sell as much as your home kitchen and your customers can handle.

Allowed Sales Channels

You can sell your cottage food products through several direct-to-consumer channels:

• In-person: At farmers markets, fairs, festivals, craft shows, and other public events.
• From your home: Customers can pick up orders at your private home.
• Delivery: You can deliver directly to customers from your home.
• Online sales: You can take orders online.
• Mail order for non-TCS food: You can ship shelf-stable food by USPS or commercial carriers. Nebraska mail delivery is the clean default; out-of-state mail only works if the destination state's law also allows it.

Permit, Registration, and Training Requirements

Nebraska requires no-cost, one-time online registration with the Nebraska Department of Agriculture (NDA) for most cottage food producers. Registration is not required if you only sell non-TCS food directly to consumers at farmers markets.

Food Safety Training

If you need to register (which most sellers do), you must complete an approved food safety course before you sell anything. The law accepts: A nationally accredited food safety course (like ServSafe or StateFoodSafety). A certified course from a culinary school or required by a local jurisdiction for a food handler permit. * A course approved by the NDA.

Registration Process

Registration has no cost and is done online at the NDA website. You'll provide: 1. Your name, address, and telephone number. 2. The type of food safety course you completed and its completion date. 3. Proof of private well water testing for nitrate or bacteria contamination if you use a private well for your production.

You only need to register once. If your information changes, email agr.foodsafety@nebraska.gov to update it.

Nebraska Cottage Food Labeling Requirements

Your labels need to be clear and compliant. Nebraska law requires specific elements on the package or container label.

Required vs. Recommended Label Elements

The Required Disclaimer

Per Nebraska Revised Statute § 81-2,280(5)(a), every cottage food sale must display a clearly visible notification informing the consumer that the food was prepared in an unregulated kitchen and may contain allergens. The Nebraska Department of Agriculture's official FAQ gives the following one-sentence rendering; use this version so your sign matches the regulator's own guidance:

This food was prepared in a kitchen that is not subject to regulation and inspection by the regulatory authority and may contain allergens.

The Nebraska Revised Statute structures this notification as two clauses — "(i) Was prepared in a kitchen that is not subject to regulation and inspection by a regulatory authority; and (ii) May contain allergens" — but the single-sentence rendering above is the one NDA itself uses in its official guidance. The statute uses the indefinite article "a regulatory authority"; the NDA/UNL-certified rendering uses the definite article "the regulatory authority." Both are acceptable — use the NDA-certified version above.

Where to display the disclaimer: At farmers markets, fairs, festivals, etc.: On a placard at your booth or sale location. For pickup from your home: Displayed at your private home. For delivery or online sales:* Displayed at your private home, on your website (if you have one), and in any advertisement for the sale.

How to Start Selling in Nebraska

Navigating the rules can feel like a lot, but starting is straightforward. MyPorch helps you turn compliance into a real, functioning business.

1. Confirm Your Products: Check your planned items against the allowed/prohibited lists above. If you're making TCS foods, commit to the temperature-control steps.
2. Get Your Training and Registration: Complete an approved food safety course, then register at no cost on the NDA website. Get your well water tested if needed.
3. Set Up Your Sales Channels: Decide if you'll sell at farmers markets, online, or from your home. For online sales, create your MyPorch storefront to manage orders and payments. Our How to Take Pre-Orders for Home Bakery guide walks you through the workflow.
4. Create Compliant Labels: Use MyPorch's label generator to ensure every required element—name, address, ingredient list for TCS foods, and the required consumer notice—is covered. For the broader context of cottage food labeling requirements across states, see our Cottage Food Labeling Requirements pillar.
5. Plan Your Pricing: Factor in your costs for ingredients, packaging, and your time. Our How to Price Baked Goods for a Home Bakery guide helps you set rates that are fair to you and attractive to customers.

Recent Law Changes (Changelog)

Nebraska's cottage food law has evolved significantly. Here’s a recent history to keep you current:

• 2019 (LB 304): Created the original cottage food framework, allowing only non-TCS foods to be sold at farmers markets, public events, and via pickup/delivery from home.
• 2024 (LB 262 - Nebraska Pure Food Act, effective July 19, 2024): This was a major overhaul. It expanded allowed foods to include certain TCS products, removed the $20,000 sales cap, permitted online sales and in-state shipping for non-TCS food, required food safety training for most producers, and strengthened local preemption, preventing cities or counties from adding extra permit or inspection requirements.
• 2025 (LB 245, effective April 30, 2025): Primarily updated the broader Nebraska Pure Food Act to align with the 2022 FDA Food Code. While mainly affecting commercial establishments, it refreshes the statewide food safety framework that cottage food operates within.

Laws can change. Always check the NDA Cottage Food Program page for the latest updates.

Frequently Asked Questions

Does Nebraska have a cottage food sales limit? No, Nebraska has no annual sales cap for cottage food products. The previous $20,000 limit was removed by the LB 262 amendment in 2024, allowing unlimited gross revenue.

Do you need a license or permit to sell food from home in Nebraska? You need no-cost online registration with the NDA if you sell anywhere other than exclusively non-TCS foods at farmers markets. This is not a traditional license requiring inspections.

Can you sell cheesecake or refrigerated foods in Nebraska? Yes. Nebraska uniquely allows the sale of certain TCS foods, including cheesecakes, buttercream frosting, and ice cream, provided they are made from approved sources (no raw eggs) and handled according to temperature rules.

Can you ship cottage food in Nebraska? You can ship non-TCS (shelf-stable) food within Nebraska via USPS or commercial carriers. Out-of-state shipping is only possible if the destination state's law also allows it, which is uncommon. Perishable TCS food cannot be shipped; it must be delivered in person by you to the consumer within two hours.

What label is required in Nebraska? Your package or container label must include the product name, your name, and your full street address. For TCS foods, you must also list ingredients in descending order of predominance by weight. A clearly visible consumer notice must also be displayed at the point of sale, at your home for pickup or delivery sales, and on your website and advertisements if you use them.

What is the required label disclaimer in Nebraska? Nebraska law requires you to inform consumers that the food was prepared in a kitchen not subject to regulatory inspection and may contain allergens. NDA's recommended one-sentence notice is: "This food was prepared in a kitchen that is not subject to regulation and inspection by the regulatory authority and may contain allergens." Display it on a sign at events, at your home for pickup, and on your website or advertisements for pickup/delivery sales.

Do you need food safety training in Nebraska? Yes, most sellers must complete an approved food safety course before selling. This applies if you sell anywhere other than exclusively non-TCS foods at farmers markets.

Is registration required in Nebraska? No-cost online registration with the NDA is required unless you sell only non-TCS foods directly to consumers at farmers markets.

Do you have to renew your registration? No, registration is one-time. You only need to update your information by emailing agr.foodsafety@nebraska.gov if your contact details change.

Can I sell online and offer pickup in Nebraska? Yes. Nebraska law explicitly allows cottage food producers to sell products online and offer pickup from their private home.

What exactly did LB 262 (2024) change in Nebraska? LB 262 was a major overhaul: it removed the sales cap, allowed TCS foods, permitted online sales and in-state shipping for non-TCS items, required food safety training for most sellers, and stopped local health departments from adding extra permits or inspections.

Are there any local permits or inspections required in Nebraska? No. Nebraska's law has strong "super-preemption," meaning local ordinances that are not in conformity with the state law are unenforceable. Local health departments cannot impose additional permitting or inspection requirements on compliant home bakers.

Can I sell homemade ice cream or cheese in Nebraska? Yes. Ice cream and cheese are allowed as cottage foods if made from approved-source ingredients (e.g., pasteurized dairy, no raw eggs) and handled as TCS foods requiring proper temperature control.

Do I need to test my well water if I use it for baking in Nebraska? Yes, if you use private well water for your cottage food production, you must provide proof of testing for nitrate or bacteria contamination when you register with the NDA.

Can I sell savory items like quiches or meat pies in Nebraska? You can sell quiches or cheese-based savory items as TCS foods if they don't contain meat. Meat-based pies are prohibited, as Nebraska law bans the sale of meat and animal by-products.

Can I sell shelf-stable items like jams and jellies in Nebraska? Yes, traditional jams, jellies, and preserves are allowed as long as they are made using pectin, which helps lower pH to safe levels.

What is a "Time/Temperature Control for Safety" (TCS) food in Nebraska? A TCS food is one that requires time and temperature control to prevent the growth of harmful bacteria—like cheesecakes, cream pies, ice cream, and pudding. These are now allowed under Nebraska law.

Do I need a separate business license for my home bakery in Nebraska? While you must register with the NDA, a general business license is typically not required at the state level. However, your city or county might have a general business license requirement, so check locally.

Can I hire employees to help with my Nebraska home bakery? Nebraska's cottage food law specifies food must be prepared in a "private home." While the law doesn't explicitly prohibit helpers, the intent is a small, family-based operation. For clarity, consult the NDA if you plan to hire help.

What happens if I move out of state? You will need to research and comply with the cottage food laws of your new state, as Nebraska's regulations will no longer apply to your operation.

Can I wholesale my cottage food products to restaurants or grocery stores in Nebraska? No. Cottage food is for direct-to-consumer sales only. Selling wholesale would require a commercial food establishment license and full regulatory compliance.

Do I need product liability insurance in Nebraska? While not required by cottage food law, product liability insurance is highly recommended to protect your business from claims related to foodborne illness or allergic reactions.

Can I use eggs from my backyard chickens for cottage food in Nebraska? You cannot use raw eggs that have not been cooked in a finished product. For selling whole shell eggs, you need a separate egg number from the NDA. For cottage food, using cooked eggs from approved sources is safest.

Where can I find the official Nebraska cottage food statutes? The primary statutes are NE Rev. Stat. § 81-2,280 and § 81-2,245.01.

Can I sell pet treats under Nebraska's cottage food law? No, cottage food law applies only to food for human consumption.

Can I dispense drinks prepared at my home for sale? Yes, you can dispense drinks that were prepared in your home if there is no additional preparation on-site. The addition of ice is permitted.

What about selling at pop-up events? Pop-up events are fine as long as your product is still prepared in your private home.