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Nebraska cottage food laws

Rules change, so always confirm with the official Nebraska source.

The law: Nebraska Pure Food Act cottage food exemption, sections 81-2,245.01 and 81-2,280

What you can sell

Shelf-stable baked goods and qualifying refrigerated foods including cheesecake, pudding, and ice cream are allowed using approved ingredients. Traditional pectin jams and jellies also qualify.

What you can't sell

Excluded items include meat and animal byproducts, raw eggs, specified milk products, unpasteurized juice, infused oils/honey, sprouts, low-acid canned or hermetically sealed acidified foods, tofu, and fermented foods. Approved milk or cooked eggs may be ingredients in otherwise permitted finished products.

Do you need a license or permit?

Register with NDA and complete approved food-safety training before selling; private-well users must provide water testing. Non-TCS foods sold only directly at farmers markets are exempt from registration/training; the retrieved page does not specify a registration fee.

Sales limits

No dollar cap is stated on the agency guidance page.

Where you can sell

Direct consumer sales include events, home pickup, and delivery; non-TCS foods may be mailed or delivered commercially. TCS foods must be delivered personally by the producer at safe temperatures within two hours; interstate authority was not confirmed.

Label requirements

Label with producer name and address; TCS foods also require ingredients in descending order. Clearly notify buyers that food was prepared in a kitchen not subject to regulatory inspection and may contain allergens, including required website/advertising and sale-location notices.

Good to know

NDA expressly allows cheesecake kept at 41°F or colder and approved-source dairy ingredients. Finished products must be prepared at the private home. Some details on this page could not be fully confirmed from official sources, so check with the state agency before you sell.

Pricing your products

Knowing your real cost per item matters as much as following the law.

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Source: https://nda.nebraska.gov/fscp/foods/cottagefood

General summary, not legal advice.

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