Cottage food rules
Nebraska Cottage Food Law: What the 2024 Amendment Changed
A plain look at the 2024 Nebraska cottage food amendment and what it means for your kitchen.
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What to remember
- LB262 took effect on July 19, 2024 and expanded what Nebraska cottage food producers may sell.
- Some foods that need temperature control are now included.
- All cottage food products must be prepared in a private home.
- Transport is capped at two hours, at a temperature that follows the Nebraska Pure Food Act.
- Nebraska sets no dollar limit on cottage food sales.
Nebraska’s cottage food rules sit in Nebraska Revised Statute 81-2,280, and they have been rewritten twice in recent years. First in 2019, then again in 2024. If you sell bakes from your kitchen in Nebraska, the 2024 change is the one that decides what you can put on your table this weekend. For the wording you print on a package, see cottage food law label requirements.
What the 2024 amendment changed
On July 19, 2024, Nebraska updated its cottage food law with LB262. The amendment expanded the types of foods cottage food producers could sell, including some foods considered TCS foods, which are foods that need temperature control to stay safe. The same update is described as a Nebraska Pure Food Act change that widened the list of items home producers may sell, including some that require temperature control.
For you, the practical effect is a longer list of things you can legally sell from your kitchen. It does not mean every bake is covered. The test is still whether the product is a cottage food product prepared in a private home, and whether you can hold it at the right temperature while it travels to your customer.
What still has to be true for every bake you sell
Two rules sit under everything else. The first is the private home rule. LB262 clearly provides that all cottage food products must be prepared in a private home, so a product that was not made in a private home cannot operate under the cottage food exemption. Your kitchen at home is the kitchen the law has in mind.
The second is about the road. When you move cottage food, it has to be kept at a temperature in line with the Nebraska Pure Food Act, and it cannot be transported for longer than two hours. That shapes how you plan a market morning or a delivery run, and it matters most for anything on the new list that needs temperature control.
What the amendment means for your income
Nebraska sets no dollar limit on cottage food sales. There is no statutory cap to bump into, so the ceiling on growth is your own kitchen and your own time rather than a number written into the law. That is good news if you want to take on more custom cakes or a standing weekly order. It also means your prices have to carry the work, because nothing else is going to.
A bigger order book is easier when the small things are handled. When every order goes out with the right label and the right date, and when you know what a recipe costs before you quote a price, taking on more stops feeling like a risk. If you bake near a state line or you are comparing nearby rules, our guides to Kansas and Illinois walk through how each one treats home bakers. When you are ready to print, cottage food law label template shows what to put on yours.
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Common questions
When did the Nebraska cottage food law change?
Nebraska updated its cottage food law on July 19, 2024, with LB262. An earlier change came in 2019 with LB 304.
Can I sell foods that need refrigeration now?
The 2024 amendment expanded the types of foods cottage food producers could sell, including some foods considered TCS foods, which need temperature control. Check the current Nebraska Department of Agriculture guidance for the exact item you want to sell before you take orders.
Do I have to make everything in my own home?
Yes. LB262 clearly provides that all cottage food products must be prepared in a private home. A product that was not made in a private home cannot operate under the cottage food exemption.
Is there a cap on how much I can sell?
Nebraska sets no dollar limit on cottage food sales. The real limit on growth is your own kitchen and your own time.
How long can I transport cottage food?
Cottage food must be maintained at a temperature in accordance with the Nebraska Pure Food Act, and it cannot be transported for longer than two hours.
Where is the law written?
Nebraska Revised Statute 81-2,280. The 2019 change came through LB 304, which amended sections 81-2,239 and 81-2,245.01.
Sources
General information, not legal advice. Cottage food rules can change, so confirm the details with the Nebraska Department of Agriculture and the statute before you sell.