Last verified 16 Sep 2026 · Sources
Nebraska’s cottage food exemption lets you sell non-TCS (non-time/temperature-control-for-safety) foods directly to consumers once you register with the Nebraska Department of Agriculture (NDA) and complete a food safety course, with no state revenue cap and no listed registration fee. The label rule to get right is the kitchen-disclosure statement in Neb. Rev. Stat. § 81-2,280, worded exactly as the statute states it. A full Nutrition Facts panel isn’t required for a plain cottage food sale, but that exemption ends the moment a label or ad makes a nutrient or health claim, or your product moves into retail or wholesale channels.
| Quick facts | Nebraska |
|---|---|
| Revenue cap | None |
| Permit or registration | Registration required, free |
| Sales channels | Direct, farmers markets, mail/delivery (no retail) |
| Online sales | With permit |
| Required label statement | “The food: (i) Was prepared in a kitchen that is not subject to regulation and inspection by a regulatory authority; and (ii) May contain allergens.” |
| Nutrition Facts panel | Not required unless you make a nutrient claim |
| Administered by | Nebraska Department of Agriculture (NDA) |
| Governing law | Neb. Rev. Stat. § 81-2,280 (Cottage Food Exemption) |
What Nebraska lets you sell from home
Nebraska’s exemption, part of the Nebraska Pure Food Act (Neb. Rev. Stat. § 81-2,245.01 et seq.), covers foods that aren’t “time/temperature control for safety food” (TCS), Nebraska’s term for what other states call potentially hazardous. Baked goods, jams and jellies, candy, and other shelf-stable items generally qualify.
Section 81-2,280(2) excludes several categories regardless of recipe: any part of an animal or animal by-product, fluid milk or milk products, raw eggs, unpasteurized juice, infused oils or honey, sprouts, low-acid canned or hermetically sealed acidified food, tofu/tempeh or similar meat substitutes, and kimchi, kombucha, or similar fermented foods (nebraskalegislature.gov). Dairy or eggs can still appear as ingredients from an approved commercial source in a finished product like cheesecake.
Since LB262 took effect in July 2024, food sold under the exemption must be prepared in your own private home, closing off mobile units and outside kitchens (cottagefoodlaw.unl.edu).
Permits, registration, and the revenue cap
There’s no license or kitchen inspection. You register with the NDA before your first sale, providing your name, address, phone number, the food safety training completed and its date, and (if you’re on a private well) proof the water has been tested for nitrates and bacteria (nebraskalegislature.gov). Neither the statute nor the NDA’s registration page lists a dollar fee.
Food safety training is required before the first sale: a nationally accredited course, a certified course through a culinary school, or one the department approves (ServSafe and UNL’s Cottage Food Law training are common choices). The statute requires it once, not on a recurring basis.
Nebraska sets no revenue cap: gross sales don’t disqualify you, unlike in many cottage food states. That’s been true since LB304 (2019) expanded the exemption from farmers-market-only sales to also cover direct home sales, pickup, delivery, and other public events, adding the registration and training requirements now in place (update.legislature.ne.gov). LB262 (2024) later tightened the preparation-location rule and added the well-water documentation, without adding a cap.
Where you can sell
The exemption covers direct-to-consumer sales only, through a specific list of channels: your private home, a farmers market, fair, festival, craft show or other public event, or pickup or delivery arranged directly with the consumer (Neb. Rev. Stat. § 81-2,280).
Delivery depends on the food. A non-TCS product can go out by U.S. mail or a commercial delivery service. A TCS product must go from you to the consumer in person, held at the required temperature, and can’t be in transit longer than 2 hours. The statute doesn’t cap mail delivery to Nebraska addresses, but shipping across state lines still puts you under the destination state’s own cottage food rules.
What isn’t allowed: selling through a retail store, wholesaling to another business, or having a third party resell the product. The exemption runs on a direct relationship between you and the consumer. Once a retailer or distributor enters the chain, standard commercial licensing applies instead.
What has to be on the label
Every package needs:
- Your name and mailing address (a P.O. box is acceptable)
- Ingredients in descending order of predominance, where listed as a requirement
- The required kitchen-disclosure statement, worded exactly as the statute states it, posted at the point of sale for a farmers market or public event, or given at your home, on your website, and in any advertisement for pickup/delivery sales
Nebraska’s disclaimer isn’t one sentence in the statute. It’s two required elements to communicate by “clearly visible notification”:
The food: (i) Was prepared in a kitchen that is not subject to regulation and inspection by a regulatory authority; and (ii) May contain allergens.
(Neb. Rev. Stat. § 81-2,280(5)). The statute sets no minimum type size; “clearly visible” is the standard, so keep it readable at normal size, not buried in fine print.
When you need a Nutrition Facts panel
Nebraska’s cottage food exemption is a state food-safety carve-out; it doesn’t change federal nutrition labeling rules. A product sold under the exemption is generally exempt from the FDA’s Nutrition Facts requirement under 21 CFR 101.9. That exemption doesn’t survive three things: a nutrient content or health claim on the package or in advertising (a phrase like “low sugar” or “high protein” triggers full nutrition labeling the moment it appears, even in a farmers-market sign or an Instagram caption), a move into wholesale or retail distribution, or interstate sale as a general packaged food. Nebraska’s statute doesn’t layer a state-level nutrition rule on top of the federal one.
A panel built from your own recipe before your first wholesale order ships means the buyer’s spec sheet already has its answer. Enter your recipe, then see your label: free with no card required, you see your calories, the claims you qualify for, your allergen line and the nutrient to watch, and every other value and %DV stays hidden until you unlock it. $29 unlocks every other nutrient value and %DV, every FDA format your product qualifies for, plus the ingredient statement and allergen declaration, ready to print. Start your label, or see how Nebraska’s neighbors handle it on the cottage food laws hub.
Sources
Nebraska cottage food FAQ
Does Nebraska cap how much a cottage food producer can earn?
No. Nebraska's statute sets no gross-sales or revenue limit for registered cottage food producers, unlike many other states.
Is there a fee to register as a Nebraska cottage food producer?
The Nebraska Department of Agriculture's registration process carries no listed fee. You file the required information (name, address, training proof) before your first sale, at no cost.
Can I sell my home-baked goods online in Nebraska?
Yes, for foods that aren't time/temperature control for safety (non-TCS): the statute allows delivery by U.S. mail or commercial carrier. Foods that do need temperature control must be handed over in person within 2 hours.
Can a Nebraska cottage food producer sell through a store?
No. Nebraska's exemption only covers direct-to-consumer sales: at your home, at farmers markets and public events, or by mail/delivery. Selling through a retail store or wholesale account isn't part of the exemption.
What has to be on a Nebraska cottage food label?
Your name and address, and a clearly visible statement that the food was made in an uninspected home kitchen and may contain allergens (Neb. Rev. Stat. § 81-2,280).
Do I need a Nutrition Facts panel to sell cottage food in Nebraska?
Not for a plain cottage food product sold under the exemption. A panel becomes necessary the moment you make a nutrient content claim or move the product into wholesale or retail distribution.
Nearby states
Selling into a neighboring state means that state’s rules apply there: Iowa, Kansas, Colorado, South Dakota, Missouri, Wyoming. See the full state-by-state table.