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Nebraska cottage food law

Selling home-baked goods in Nebraska

How home bakers in Nebraska can sell what they make: the sales limit, permits, training, where you can sell and the statement your labels must carry. Nebraska has 2 ways to operate; each is shown below.

At a glance: Producer of food at private home (cottage food, registered with NDA)

Sales limit
The state sets no yearly sales limit.
License or permit
Yes: Registration (one time).
Food safety training
Yes: Before any sales, one of: [a] a nationally accredited food safety and handling course; [b] a certified food safety course from a culinary school or one….
Online orders
Allowed: the law requires the notice on the producer's website and in any Internet advertisement for pickup or delivery sales.
Label statement
“This food was prepared in a kitchen that is not subject to regulation and inspection by the regulatory authority and may contain allergens.”

Nebraska also has 1 other way to sell, shown below.

About this information. Nebraska’s rules are summarized from the latest publicly available state laws, regulations and agency guidance, last checked November 3, 2026. Laws change, and county and city health departments may have their own requirements. This is not legal advice. Before you sell, confirm the rules with your state or local health department.

Producer of food at private home (cottage food, registered with NDA)

Neb. Rev. Stat. 81-2,280; 81-2,245.01(7) (Nebraska Pure Food Act) · LB 304 (2019) created 81-2,280; rewritten by LB 262 (2024), sec. 31 and 40 (LB 321 of 2023 was amended into LB 262); LB 245 (2025, sec. 3, approved 2025-04-29) amended 81-2,245.01(7), dropping 'or other area' so the food must be made in a private home

Yearly sales limit
No state limit
No sales limit in 81-2,280 or 81-2,245.01.
Permit or registration
Yes
Registration (one time)
Nebraska Department of Agriculture (NDA), Food Safety and Consumer Protection
Fee: No fee in the statute; NDA page and flyer list none; UNL Extension FAQ says registration is free
Official page
Food safety training
Yes
Before any sales, one of: (a) a nationally accredited food safety and handling course; (b) a certified food safety course from a culinary school or one required by a county, city, or village for a food handler permit; or (c) a course approved by NDA (81-2,280(3)). NDA examples: ServSafe, Lincoln-Lancaster County Health Department online training, StateFoodSafety, UNL Cottage Food Law online course. The statute requires the course once; UNL's FAQ suggests retaking it every three years as a best practice.
Where you make it
A private home (81-2,245.01(7); 81-2,280(1)). NDA: LB 262 of 2024 makes clear all cottage food must be made in a private home; mobile units such as a trailer do not qualify. If the home uses a private well, the water must be tested for nitrate and bacteria (81-2,280(4)(c)).
Selling in person
Allowed: directly to the consumer at a farmers market, fair, festival, craft show, or other public event, or for pickup at the private home (81-2,245.01(7))
Phone and online orders
Allowed: the law requires the notice on the producer's website and in any Internet advertisement for pickup or delivery sales (81-2,280(5)(c)); UNL Extension says online sales are allowed
Delivery and shipping
Allowed: delivery from the private home directly to the consumer (81-2,245.01(7)); UNL Extension: no third party may be involved
Selling out of state
Not addressed by the statute or NDA; UNL Extension says mail order only to states where that is legal (outside this app)
Stores and wholesale
Not allowed: sales must be direct to the consumer (81-2,245.01(7)); NDA: no wholesale to restaurants, grocery stores or other retail establishments

Examples you can sell

Any food that is not adulterated and is not one of the excluded types listed in 81-2,280(2). Refrigerated (TCS) foods are allowed by law but are outside this app.

  • Breads, cookies, cakes and other baked goods (CFRA guide; NDA: cooked items with eggs, like cakes, are allowed)
  • Jams and jellies made with pectin (NDA)
  • Homemade candies (CFRA guide)
  • Granola and dry mixes (CFRA guide)
  • Baked goods made with milk from an approved source, such as store-bought milk (NDA)
  • Freeze-dried foods, if not an excluded food (NDA)

Not allowed

  • Any part of an animal, vertebrate or invertebrate, or animal by-product (NDA: e.g. meat, lard, tallow, bone broth) (81-2,280(2)(a))
  • Fluid milk or milk products as defined in the Grade A Pasteurized Milk Ordinance (81-2,280(2)(b))
  • Raw eggs (81-2,280(2)(c))
  • Unpasteurized juice (81-2,280(2)(d))
  • Infused oils or honey (81-2,280(2)(e))
  • Sprouts (81-2,280(2)(f))
  • Low-acid canned food and hermetically sealed acidified food (e.g. BBQ sauce per NDA) (81-2,280(2)(g))
  • Tofu, tempeh, or similar meat substitutes (81-2,280(2)(h))
  • Kimchi, kombucha, or similar fermented foods (81-2,280(2)(i))
  • Adulterated food (81-2,280(2))

The statement your labels must carry

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

Farmers market exemption (non-TCS food sold directly to consumers at a farmers market)

Neb. Rev. Stat. 81-2,280(3) and (4); 81-2,245.01(7) · LB 304 (2019); limited to non-TCS food by LB 262 (2024)

Yearly sales limit
No state limit
No sales limit in the statute.
Permit or registration
Not required by the state
Food safety training
No
Where you make it
A private home (81-2,245.01(7)). Private well testing is part of registration, so it is not required here (81-2,280(4)).
Selling in person
Allowed: directly to the consumer at a farmers market only (81-2,280(3)-(4))
Phone and online orders
Not part of this route: online, pickup, delivery, fairs, festivals and craft shows need training and registration (use the cottage food route)
Delivery and shipping
Not part of this route
Selling out of state
No
Stores and wholesale
Not allowed (81-2,245.01(7): directly to the consumer)

Examples you can sell

Only food that is not time/temperature control for safety (TCS) food, and not one of the excluded foods in 81-2,280(2)

  • Breads, cookies, cakes and other shelf-stable baked goods (CFRA guide)
  • Jams and jellies made with pectin (NDA)
  • Homemade candies, granola, dry mixes (CFRA guide)

Not allowed

  • Any TCS (refrigerated or hot-held) food: that needs training and registration (81-2,280(3)-(4))
  • All foods excluded by 81-2,280(2): animal parts and by-products, Grade A fluid milk and milk products, raw eggs, unpasteurized juice, infused oils or honey, sprouts, low-acid canned and hermetically sealed acidified food, tofu/tempeh and similar meat substitutes, kimchi/kombucha and similar fermented foods

The statement your labels must carry

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

Common questions about Nebraska’s cottage food law

Can I sell baked goods from home in Nebraska?

Yes. Nebraska lets home bakers sell food made in their own kitchen in 2 ways: Producer of food at private home (cottage food, registered with NDA); Farmers market exemption (non-TCS food sold directly to consumers at a farmers market). Most baked goods that don’t need refrigeration qualify; see the examples on this page.

Do I need a license or permit to sell baked goods in Nebraska?

Producer of food at private home (cottage food, registered with NDA): Yes: Registration (one time). Farmers market exemption (non-TCS food sold directly to consumers at a farmers market): No state permit or registration is required.

How much can I sell from home in Nebraska?

Producer of food at private home (cottage food, registered with NDA): The state sets no yearly sales limit. Farmers market exemption (non-TCS food sold directly to consumers at a farmers market): The state sets no yearly sales limit.

Do I need food safety training in Nebraska?

Producer of food at private home (cottage food, registered with NDA): Yes: Before any sales, one of: [a] a nationally accredited food safety and handling course; [b] a certified food safety course from a culinary school or one…. Farmers market exemption (non-TCS food sold directly to consumers at a farmers market): No food safety training is required by the state.

Can I sell online or ship my baked goods in Nebraska?

Producer of food at private home (cottage food, registered with NDA): Online and phone orders: Allowed: the law requires the notice on the producer's website and in any Internet advertisement for pickup or delivery sales. Delivery and shipping: Allowed: delivery from the private home directly to the consumer. Farmers market exemption (non-TCS food sold directly to consumers at a farmers market): Online and phone orders: Not part of this route: online, pickup, delivery, fairs, festivals and craft shows need training and registration (use the cottage food route). Delivery and shipping: Not part of this route. Selling to other states is not allowed.

What must a cottage food label say in Nebraska?

Labels must carry this statement: “This food was prepared in a kitchen that is not subject to regulation and inspection by the regulatory authority and may contain allergens.”. Most states also require the product name, ingredients in order of weight, allergens, net weight, and your name and address.

Home and Hearth Baker knows Nebraska’s rules

The program puts Nebraska’s required wording on every label for you, tracks your sales against any yearly limit, and updates for free when the rules change.

Try it free for 30 daysSee what it does

Official sources

  1. Neb. Rev. Stat. 81-2,280 Producer of food at private home; requirements; registration; contents
  2. Nebraska Pure Food Act, 81-2,239 to 81-2,292 (incl. 81-2,245.01, 81-2,289, 81-2,290 and source notes)
  3. LB 262 (108th Legislature, 2nd Session, 2024), Final Reading text
  4. LB 321 (2023) introduced text
  5. AM 483 to LB 321 (Agriculture Committee, 2023-02-21)
  6. LB 245 (2025) slip law, approved 2025-04-29
  7. LB 245 (2025) Final Reading text
  8. LB 245 (2025) introduced text
  9. Unicameral Update: Agriculture session review 2025
  10. NDA: Nebraska Pure Food Act 81-2,280 Cottage Food Registration
  11. NDA: Cottage Food Producer online registration form
  12. NDA: Cottage Food Program flyer

Nearby states

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