Checklist for a Small, Food-Based Business Startup in Nebraska

Checklist for a Small, Food-Based Business Startup in Nebraska

LB 232 of 2024 amended the Nebraska Pure Food Act which is administered by the Nebraska Department of Agriculture (NDA). The types of foods a producer can sell have changed. It is recommended to review the final list of foods that are and are not allowed. For sales which are not at a Farmers Market, as of July 19, 2024, a person may prepare and sell food directly to the consumer at a public event or for pick up or delivery without obtaining a food establishment permit so long as the person preparing and selling the food (producer) complies with the following:

1. The producer has completed an accredited food safety course:
   • Food Safety Course Examples 
     • ServSafe 
     • Lincoln-Lancaster County Health Department Online Food Safety Training
     • StateFoodSafety
     • UNL Cottage Food Law Training - Online Course  
2. The producer registers with NDA and includes all required information; https://appengine.egov.com/apps/ne/cottage_food_producer
   • About Registration:
     • Registration can only be completed if a food safety course is shown; 
     • Confirmation of your registration is not automated, however; 
     • You can confirm registration by viewing the list of registered cottage food producers online – please note it can take up to 10 days for your registration to be added.  
3. If you are participating in temporary events or farmers' markets in Douglas County, you will also need to fill out this Cottage Food Vendor Packet (fillable PDF) and provide the completed registration form (page 2) to the coordinator of the event/market. The coordinator is responsible for turning in all food vendor applications to the health department prior to the event/market, and fill out the NDA registration. 
4. Cottage Food Producers in the Lincoln-Lancaster area and three miles out need to fill out a Cottage Food Operation Application and an NDA registration.  https://app.lincoln.ne.gov/city/health/environ/Food/pdf/CFOApplication.pdf 
   • In all Nebraska Counties, the Cottage Food Producer must follow all food safety and handling guidelines required by the county, city, or village where the food is sold.  
5. Once you have become a registered Cottage Food Producer, you must consider the following guidelines: 
   • Know what foods you can and cannot sell. 
   • The consumer must be visibly notified that the food was prepared in a kitchen that is NOT subject to regulation and inspection and the food may contain allergens; 
   • The name and address of the producer is on the package or container label; 
   • The food is delivered in person or by direct delivery to the actual consumer (the food cannot be sold at wholesale (i.e. grocery stores, restaurants, or other commercial food establishments); 
   • The producer complies with food safety guidelines required by the county, city or village for sale at public events;  
   • If the producer is using private well water, the well water must be tested for nitrates and coliform bacteria. For more information on water well testing, visit the Nebraska Public Health Environmental Lab's website. 
   • State law does not require that a producer (under LB 232) register with the NDA if the producer is only selling at Farmers Markets. However, to sell at a farmers market, the producer is still required to comply with: 
   • Notifying the customer in a clear and visible way that the food was prepared in a kitchen that is not subject to regulation and inspection by the regulatory authority, and may contain allergens;  
   • Providing the name and address of the producer to the consumer on the package or container label.