General FAQs
Who needs to register to sell Cottage Foods?
All individuals who want to make and sell foods described in LB304 need to register with the Nebraska Department of Agriculture (NDA) before selling food. For sales which are not at a Farmers Market, as of September 1, 2019, a person may prepare and sell food that is NOT Time/Temperature Control for Safety 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 regulations.
Do I need to register if I am only selling at a Farmer’s Market?
State law does not require that a producer (under LB 304) 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,
- Following food safety and handling guidelines required by the county, city, or village where the food is sold.
Is there a cost to registration?
No.
How often do you have to re-take the food safety training?
Current LB304 regulations state once. A best practice is to re-take the food safety course every three years, as things change.
Does a producer have to re-register with the Nebraska Department of Agriculture periodically?
Currently a producer just has to register once. Stay abreast of any LB304 changes.
What is a TCS food?
A TCS food is on that requires time and temperature control for safety—a food that requires either refrigeration or heat. A non-TCS food is shelf stable.
The law states that my TCS food must have a label that includes ingredients in descending order of predominance. What does that mean?
Listing ingredients in descending order of predominance is by weight and means that the ingredient that weighs the most is listed first, and the ingredient that weighs the least, is listed last. This reflects what dominant ingredients are in your product.
What address needs to be on my labels? Is just the city or PO Box fine?
It needs to be the specific address where you can be contacted.
What does the sign need to read at an event?
This food was prepared in a kitchen that is not subject to regulation and inspection by the regulatory authority and may contain allergens.
What labs test food in the state of Nebraska besides UNL and Midwest labs (especially for pH and water activity)? Any idea on the cost? Are there labs in western Nebraska?
Warren Labs in Greeley, CO may be closer to western Neb, but the list you have in the training is acceptable. The labs would need to be contacted for the costs. Costs can range from $30-$100 depending on how many tests they want and will increase with the number of products tested.
Warren Analytical Laboratory (warrenlab.com)
How can you determine a product is dry enough?
Guidelines for checking dried products can be found here. When in doubt, have your food tested.
Food-Specific FAQs
Can jams and jellies be sold as cottage food?
Traditional jams and jellies can be sold, as long as they are made using pectin.
Are dehydrated and freeze-dried fruits and vegetables acceptable under Cottage Foods?
If they are properly dehydrated/freeze-dried they should not be a problem. The National Center for Home Food Preservation has information on drying plus tested recipes that can be viewed. If there is a question about a product that is a non-tested recipe, it should be tested for water activity.
Sliced tomatoes, leafy greens and cut melons are not allowed.
Can I sell pet treats under Cottage Foods?
No, only human food. If you are interested in selling pet items, you need to contact Steve Gramlich.
Steve Gramlich
Program Manager, Animal & Plant Health Protection
Nebraska Department of Agriculture
Office: 402-471-6845 | Fax: 402-471-6892
steve.gramlich@nebraska.gov
PO Box 94787, Lincoln, NE 68509-4787
A $15 license will make it legal to get started, if there are only plant based ingredients. Inspection fees are $25 per product. Any meat products in the treat and they fall under the Pet Food Manufacturing law. These we need to visit with before they start.
Can chocolate covered strawberries be sold as cottage food?
Yes, this would be allowed.
Can I sell vanilla extract?
Vanilla Extract (or other extracts)
- If the alcohol content of the extract is less than 1\2 of 1% it’s exempt from the liquor commissions regulations, it falls under Cottage Foods.
- When making extract, many people would be using a 35% alcohol solution to add to their vanilla beans, and that would be over the LCC threshold.
- IF it falls under this percentage, there is no wholesaling of the product.
- It would need to be tested by a lab for alcohol content.
- If the content is higher than recommended, you would need a liquor license to sell it, and you would need to check with your local health department for other licenses.
Can I sell my bottled BBQ sauce as a cottage food?
No. It is typically a TCS hermetically sealed acidified food. However, you can sell it if you do not hermetically seal it, keep it cold (41°F) or lower, and label with an expiration date of 7 days.
We have a snow cone cottage food business out of a mobile trailer. Can we still operate?
If products are not pre-made at a private home, you cannot operate under the cottage food exemption. LB 262 of 2024 now clearly provides that all cottage food products must be prepared in a private home.
“Any part of an animal, vertebrate or invertebrate, or animal byproduct;” Does this mean that it can’t be made from any animal products, like eggs or milk?
No. This is referring to meat, lard, tallow, bone broth, bone meal, etc. The food being sold cannot contain meat ingredients.
If I want to sell my cheesecake at the farmers market, is there anything special I need?
You will need to follow any requirements that the farmers market operation has for its vendors. Additionally, cheesecake is a time/temperature for safety food (TCS). This means that you will need a way to keep your cheesecake 41°F or colder while there and labeled properly.
I have a dairy cow and sell raw milk, can things like yogurt, mozzarella, and butter using raw milk be sold as cottage food?
Raw milk can only be sold on the farm directly to the end user and CANNOT be sold in any other manner without violating the Nebraska Milk Act. So raw milk could not be used to make cheese, ice cream, etc. to sell.
It says no raw eggs. Does this mean I can’t sell eggs anymore?
The sale of eggs does not fall under cottage food. However, they can still be sold exactly as they have been sold. If you want to sell eggs you have produced and have less than 3,000 hens, contact the Nebraska Department of Agriculture and ask for an egg number. It’s free and you will be provided with additional guidance. It can also be found here.
Can I make a cake that uses raw eggs as cottage food?
Yes. As long as the cake has been cooked fully and eggs are no longer raw.
What are the milk products that are not allowed to be sold as cottage food?
Raw milk products and milk products as defined in the Grade A 12 Pasteurized Milk Ordinance adopted by reference in the Nebraska Milk Act CANNOT be sold as cottage food. Common items on the excluded list include milk, cream, sour cream and yogurt.
Does this mean I cannot add whipped cream to the cakes I want to sell as cottage food?
Products can contain milk and milk products as ingredients as long as the milk products you use in your finished product are from an approved source (purchased from a licensed entity such as a grocery store).
I don’t see ice cream or cheese on this list. Does that mean I can make and sell those as cottage food?
Yes. You can sell ice cream, cheese, cheesecake, pudding, and other items using approved sources. These products are considered time temperature for safety and would require refrigeration or freezing.
Can I make and sell homemade ice cream using farm fresh eggs from my chicken coop as cottage food?
You can make and sell homemade ice cream but you CANNOT use raw eggs that have not been cooked.
Can I sell home made vanilla?
Here are the requirements for vanilla extract:
CFR - Code of Federal Regulations Title 21 (fda.gov)
If it does not meet these guidelines, it would be considered an alcoholic beverage and needs to be regulated by the liquor commission. I would suggest contacting the liquor commission and sharing the exact recipe to confirm whether it meets the requirements of an extract or not.
Nebraska Liquor Control Commission
301 Centennial Mall South - 1st Floor
PO Box 95046
Lincoln, Nebraska 68509-5046
Phone: (402) 471-2571
Fax: (402) 471-2814
lcc.frontdesk@nebraska.gov
Still have questions about Cottage Food?
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