Yes, Nebraska permits the sale of certain homemade foods under the Nebraska Homemade Food Act (LB 384, effective 2017), but strict limitations apply. Cottage food operations may sell non-perishable items directly to consumers without a permit, though local health departments may impose additional rules. Perishable foods require commercial licensing, and sales beyond Nebraska trigger federal compliance.
Key Regulations for Selling Homemade Food in Nebraska
- Cottage Food Exemption: Non-potentially hazardous foods (e.g., baked goods, jams, granola) may be sold without a permit if labeled with ingredients, allergens, and the producer’s name/address. Total annual sales must not exceed $50,000.
- Permit Requirements for Perishables: Foods requiring refrigeration (e.g., custards, meat pies) necessitate a Food Establishment Permit from the Nebraska Department of Agriculture (NDA), with inspections mandated for compliance.
- Sales Restrictions: Direct-to-consumer sales (farmers markets, online, or home) are permitted, but wholesale distribution or retail store sales require additional NDA certification. Local ordinances may further restrict zoning or venue-specific rules.
The NDA’s 2026 draft guidance proposes stricter labeling for cottage foods, including allergen disclosures in 12pt font, aligning with FDA Food Code updates. Violations risk fines up to $1,000 per offense. Consult the NDA’s Cottage Food Operations Guide for annual recertification deadlines and prohibited items (e.g., canned fruits/vegetables).