Cottage food rules
Cottage Food License in Nebraska: What Home Bakers Need
A clear look at Nebraska cottage food registration, direct sales, and the wholesale line you cannot cross.
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What to remember
- Register with the Nebraska Department of Agriculture before you sell food covered by LB 304.
- LB 304 covers homemade foods already authorized for sale at Nebraska farmers markets.
- Sell direct to customers from your home, fairs, festivals, and other venues.
- No wholesale sales to restaurants or grocery stores.
- The NDA Cottage Food Program answers questions about safety guidelines and requirements.
The word license is the one most of us type into a search bar, but Nebraska’s rules use registration. The Nebraska Cottage Food Program sits inside the Nebraska Department of Agriculture and is there to help producers understand safety guidelines and requirements. If you are still mapping out what your state allows, start with where to check cottage food laws.
What the law covers
LB 304 passed in 2019 and lets individuals sell homemade foods that are already authorized for sale at farmers markets. The sales have to be direct to consumers. The law names the producer’s home, fairs, festivals, and other venues as places where those sales can happen. The Nebraska Revised Statute 81-2,280.5 holds the detailed rules and requirements for individuals selling homemade foods direct to consumers.
Register before you sell
All individuals who want to make and sell the foods described in LB304 must register with the Nebraska Department of Agriculture before selling food. Nebraska Revised Statute 81-2,280 sets out requirements and registration contents for a producer of food at a private home. The NDA Cottage Food Program is the office to contact with questions about safety guidelines and requirements.
What to check before you take an order
Because the statute sets out the registration contents, the safest path is to check the NDA Cottage Food Program before you fill anything in. The program exists to answer producer questions about safety guidelines and requirements. If you are also getting your shop ready to take orders, this roundup of home bakery apps can help you compare what you need without overbuying.
A simple way to keep it straight
Write your sales plan around the words in the law: homemade foods already authorized for sale at Nebraska farmers markets, sold direct to consumers, from your home, fairs, festivals, and other venues. Keep restaurant and grocery store orders out of that plan because cottage food is not permitted for wholesale sale. When you have a question about safety guidelines or requirements, ask the NDA Cottage Food Program rather than guessing.
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Common questions
Do I need a cottage food license in Nebraska?
Nebraska requires individuals who make and sell foods described in LB 304 to register with the Nebraska Department of Agriculture before selling food. The NDA Cottage Food Program is the office to contact with questions about safety guidelines and requirements.
Where can I sell cottage food in Nebraska?
LB 304 allows direct sales to consumers from the producer's home, fairs, festivals, and other venues. The foods must already be authorized for sale at Nebraska farmers markets.
Can I sell my bakes to a restaurant or grocery store?
No. Cottage food is not permitted for wholesale sale to restaurants or grocery stores.
What foods does LB 304 cover?
Homemade foods that are already authorized for sale at Nebraska farmers markets.
Who do I register with?
The Nebraska Department of Agriculture. Registration must happen before you sell food described in LB 304.
What is the NDA Cottage Food Program for?
It supports cottage food producers and answers questions about safety guidelines and requirements.
Sources
This is general information, not legal or tax advice. Confirm your situation with the Nebraska Department of Agriculture before you sell.