Nebraska cottage food laws
No cap, free registration, and TCS foods now allowed after the 2024 expansion.
Nebraska's cottage food law was dramatically expanded by LB 262, which took effect July 19, 2024. Producers can now sell baked goods, jams, jellies, candies, dried herbs, and many TCS foods (including cheesecakes, cream pies, custards, and puddings) directly to consumers, with no sales cap and free state registration. In-state shipping is allowed for non-TCS items; TCS items must be hand-delivered.
Nebraska cottage food, quick facts.
How the Nebraska cottage food law actually works.
Nebraska's cottage food law was rewritten by LB 262 in 2024 and is one of the most permissive programs in the Midwest. The law lets you produce a wide range of foods in a private home kitchen and sell them directly to consumers with no annual sales cap, no licensing fee, and free registration with the Nebraska Department of Agriculture (NDA).
Before LB 262, cottage food was mostly limited to non-potentially-hazardous baked goods and a small list of canned items. The 2024 expansion added TCS (time and temperature control for safety) foods like cheesecakes, cream pies, custards, and puddings, as long as the producer follows the extra labeling and delivery rules.
Non-TCS cottage foods can be shipped or delivered within Nebraska by mail or carrier. TCS cottage foods must be delivered directly by the producer to the consumer in person, kept at the right temperature in transit, and not transported for longer than two hours. TCS foods cannot be shipped or sold through a third party.
Sales must be direct from producer to end consumer. Sales to grocery stores, restaurants, or other retailers for resale are not authorized under cottage food. Sales out of state are only allowed when the destination state's law permits the receipt of homemade food.
Allowed and prohibited foods.
- Cookies, brownies, biscotti, bars
- Cakes and cupcakes (including cheesecakes under TCS rules)
- Breads, rolls, pastries, scones, muffins
- Fruit pies, pecan pies, and other shelf-stable pies
- Cheesecakes, cream pies, custard pies (TCS, with hand-delivery)
- Puddings and custards (TCS, with hand-delivery)
- Cream cheese frostings and dairy-based icings (TCS, with hand-delivery)
- Candies, fudge, caramels, chocolates, brittles
- Jams, jellies, fruit preserves, fruit butters
- Granola, cereal, popcorn, snack mixes
- Dehydrated fruits, vegetables, herbs, jerky
- Dry mixes, roasted coffee, tea blends
- Raw, unpasteurized milk products
- Federally regulated meat or poultry products
- Foods sold through retail establishments or restaurants for resale
- Beverages requiring refrigeration that fall outside TCS handling rules
TCS foods are allowed but must be hand-delivered by the producer, kept at the right temperature in transit (cold below 41 degrees F or hot above 135 degrees F), and not transported for longer than two hours.
Sales channels for Nebraska cottage bakers.
- TCS foods cannot be sold through a third party or shipped.
- Sales must be direct from producer to end consumer.
- All cottage food producers must complete a free one-time registration with the Nebraska Department of Agriculture before selling.
Label every product, exactly like this.
This food is prepared in a home kitchen that is not subject to inspection by a regulatory authority.
- Labels must be in English. Other languages are welcome in addition.
- TCS foods must include safe-handling and temperature instructions in addition to the home-kitchen disclaimer.
- If you sell unpackaged items at a farmers market, the disclaimer must be displayed at the point of sale.
How much can you earn under Nebraska cottage law?
Nebraska does not impose any annual sales cap on cottage food operations. The 2024 expansion (LB 262) made Nebraska one of the few states with no revenue limit, no licensing fee, and a TCS-foods pathway.
Food safety training in Nebraska
Nebraska does not require state food safety training for cottage operators. The University of Nebraska-Lincoln Extension publishes a free Cottage Food Law course and reference materials that cover labeling, TCS handling, and safe production. Many bakers complete it because it builds customer trust and is a useful checklist.
Registration, permits, and inspections in Nebraska
Every cottage food producer must complete a free one-time registration with the Nebraska Department of Agriculture before selling. The registration does not require an inspection or fee, but it puts you on the state's list and is the gateway to TCS-foods authorization. Registration is renewed at NDA's discretion if the law or your products change significantly.
How to start a cottage bakery in Nebraska.
- 01Register with the Nebraska Department of AgricultureComplete the free one-time cottage food registration form on the NDA website. There is no fee and no inspection. The registration is required before you sell any cottage food.NDA: Cottage Food Registration →
- 02Decide whether you want the TCS pathIf you only want to sell shelf-stable items, you can stop after step one. If you want to sell cheesecakes, cream pies, or other TCS foods, plan how you will hand-deliver, keep temperature, and transport for less than two hours.
- 03Build your label templateInclude producer name and address, common product name, ingredients in descending order, net quantity, allergens, the home-kitchen disclaimer, and (for TCS items) safe-handling and temperature instructions.
- 04Plan your sales channelsNon-TCS items can ship in state and out of state where the destination law allows. TCS items must be hand-delivered and not transported for more than two hours.
- 05Set up your storefront on CakeryCakery gives you a free bakery page at cakerybakeries.com/your-bakery. Add your menu, prices, lead times, and pickup or delivery zones so Nebraska customers can request quotes in one place.Create a free Cakery page →
- 06Handle business and tax basicsRegister a business name with the Secretary of State if you operate under a name that is not your own. Register with the Nebraska Department of Revenue for sales tax if your products are taxable, and check zoning and HOA rules.
A few things Nebraska bakers should know.
- LB 262 (effective July 19, 2024) expanded the law to allow TCS foods like cheesecakes, cream pies, custards, and puddings, with hand-delivery and temperature rules.
- Free one-time registration with the Nebraska Department of Agriculture is required before selling.
- TCS foods cannot be shipped, sold through a third party, or transported for more than two hours during delivery.
- Out-of-state shipping is allowed for non-TCS foods only where the destination state's law permits receipt of homemade food.
- Local jurisdictions may add zoning, business registration, or event rules but cannot license you as a food establishment for cottage products.
Bookmark these for Nebraska baking.
Official agency resources
Statute and rules text
Helpful resources for bakers
Recent and upcoming changes in Nebraska.
- July 19, 2024LB 262 took effect, expanding Nebraska cottage food to include TCS items like cheesecakes, cream pies, custards, and puddings, with free one-time registration and hand-delivery rules.
Nebraska cottage food FAQ.
Do Nebraska cottage bakers need a permit or license?
Is there a sales cap on Nebraska cottage food?
Can I sell cheesecakes or cream pies in Nebraska?
Can I ship Nebraska cottage food?
What disclaimer must appear on the label?
Can I sell to a coffee shop or grocery store?
Do I need food handler training?
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