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.
Are cottage baker labeling requirements different for selling from home vs farmers market?
No. The labeling requirements are the same for all cottage food sales regardless of where the sale occurs.
What can be sold at a Farmer’s Market?
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.
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.
What kind of license do you need to sell medicinal oils and beef tallow lotion?
These are not food, so a food permit is not needed. Info from FDA: Small Businesses & Homemade Cosmetics: Fact Sheet | FDA
Are farmer’s market coordinators responsible for enforcing cottage food laws at their market?
No.
Can you sell online to customers and ship to them through a personal website or platform like Etsy?
Yes.
We have a childcare center where we grow a garden. We want to sell dried herbs and refrigerator pickles at the local farmer’s market. Do we need a special license?
If the sale is for a fund raiser, these items could be made in the childcare center. A notification would still have to be posted stating “this food was prepared in a kitchen that is not subject to regulation and inspection by the regulatory authority.”
Can I sell my cottage food items at pop ups?
Pop up events are fine as long as your product is still prepared in a private home.
Can I dispense drinks prepared in my home for sale at farmer’s markets, craft fairs, etc.?
The Nebraska Department of Ag allows cottage food producers to dispense drinks that were prepared in the home if there is no additional preparation on-site. This includes the addition of ice.
Can I mail non-TCS cottage foods?
In the state of Nebraska, you can mail non-TCS foods to other addresses in Nebraska. According to Forrager: (https://forrager.com/starting-cottage-food-business-limitations) (2025)
Interstate Sales
Almost all states do not allow sales across state lines. This is because each state has their own food code which specifies how food can be sold, and their cottage food law only creates an allowance for homemade food from their own citizens.
In order for interstate sales to be allowed, both states must be agreeable: for instance, Pennsylvania allows interstate sales, but Illinois doesn’t allow sales of homemade food from nonresidents, so Pennsylvania CFOs can’t sell in Illinois.
In most cases, the only way to sell interstate (including online sales) is to go commercial. Learn more about Cottage Food limtations here.
Can I sell homemade lotions and other personal use items under cottage foods?
No—they fall under the FDA. Learn more about FDA cosmetics regulations at: https://www.fda.gov/cosmetics/resources-industry-cosmetics/small-businesses-homemade-cosmetics-fact-sheet.
What repercussions are there for NOT following Cottage Guidelines?
You will receive a warning first, then if it happens again, a fine.
TCS Foods, Shipping, Sampling, and Business-Related FAQs
Temperature-Controlled Foods & Safety
Temperature controlled items (such as Cream pies) can be sold from home. Can they be sold at other venues if they are kept properly cooled?
Yes. As long as they are held at 41°F or lower during transportation and sales.
Can temperature control foods that contain eggs or meat be sold from home? Sold at other events? (i e. Runza’s, pizza pockets)?
Items that contain cooked eggs can be sold, but nothing that contains meat. Cheese Runza’s, cheese pizza, and egg burritos are all fine as long as they are held at a safe temperature (hot, cold or frozen during transportation and sales).
Can temperature control foods that contain eggs, such as a burrito with scrambled eggs, be sold from home or at other events?
Yes, as long as they are held at a safe temperature (hot, cold or frozen during transportation and sales).
As a cottage food vendor, can I sell my special bean and cheese burritos warm (hot) at the craft show?
Yes, as long as you keep them above 135°F. No meat. Cheese only.
If selling meatless burritos, is there a minimum internal temperature they must have?
135°F or higher—so you will need to have a thermometer in whatever you are selling them from. Maybe you can keep them warm in their kitchen, if they have one.
Can I use time as a public health control for my burritos? What if an inspector says my burritos are not hot enough, can they embargo them or destroy them?
The cottage food law does not allow for time as a control. They must be transported and held at 135°F or higher. Yes—you would probably have to throw them out (or not sell them). Have you thought about selling them cold? Or frozen? With reheating information attached? It is much easier to keep them below 41°F. I have seen this and it seems to work well.
Business-Related FAQs
I see a lot of people posting about creating an LLC for their cottage food business. Are the laws still the same, meaning cottage food producers are personally liable and cannot be protected by an LLC?
Check out local information and the Nebraska Cottage Food business page for information. This website contains great information: https://farmersmarketlegaltoolkit.org/business-structures/sole-proprietorships/#topic-overview.
Can you be a cottage baker and a licensed baker for the same or similar business name? What needs to be true for that to happen?
- Yes.
- You can’t sell your cottage food products at your licensed location. For example, if you are selling bread from your licensed bakery at a farmer’s market, you can’t sell your cottage food products alongside it. Cottage food products would have to be at an entirely separate booth/table.
If I use MSG in my food, do I need to place it on the label?
If you are selling a TCS food, your ingredients need to be listed in descending order of contents, including MSG. For non-TCS foods, it may be a best practice to state it is used in the food in case someone has issues with it.
Shipping & Sampling
With the new laws would you be able to ship fruit kolaches to other states?
Yes.
I want to hand out samples at farmer’s markets. Is this allowed?
It is recommended to portion samples ahead of time and transport them in a sealed container. Using a clean utensil or container for each sample is a great way to minimize hand contact on site. If the food will be directly handled, you will need a handwashing station. Here is a diagram that shows how to set up a handwashing station (the “discard bucket” must be disposed in an approved sewer system, not on the ground).
And additional handwashing station diagram can be found at: https://www.douglascountyhealth.com/images/EHD/Food_Safety__Compliance/2022_Food_Safety_Permit_Forms/Farmers_Market_safety_diagram_FINAL_02.11.2021.pdf
Food-Specific FAQs
Animal-Derived & Dairy Products
“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.
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.
What milk products are not allowed?
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 sell ice cream and other items made with dairy?
Dairy is allowed as an ingredient, and ice cream is allowed as a cottage food but cannot be made with raw eggs. A cooked custard recipe must be used. Freeze dried ice cream and cottage cheese are allowed. No to making yogurt.
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 frozen yogurt or the like, out of a soft serve machine, as long as I mix up the liquid at home, and add an ingredient label to the cup or cone wrapper at point of sale?
Cottage food producers cannot sell milk products as defined in the PMO:
GG. MILK PRODUCTS: Grade “A” Milk and Milk Products include: 1. All milk and milk products with a standard of identity provided for in 21 CFR Part 131, excluding 21 CFR 131.120 Sweetened Condensed Milk.
Since yogurt is a milk product, cottage food producers may not sell frozen yogurt.
Ice cream is a food product exempt from the PMO/ Nebraska Milk Act, so ice cream may be sold by cottage producers in this manner *if* there is no preparation on site, and the ice cream is simply dispensed into the container for sale.
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 you sell farm fresh eggs?
Yes, you just need to apply for an egg number– https://nda.nebraska.gov/sites/default/files/fscp/foods/egg_number.pdf
Where do I find information on selling whole shell eggs?
https://nda.nebraska.gov/sites/default/files/fscp/foods/egg_number.pdf
Can I sell flavored pork rinds?
Yes, if they are purchased at a grocery store and you just add the flavoring.
Can I use bacon bits from the grocery store?
Yes, regular and soy bacon bits are fine.
Can I use chicken and beef bouillon powder in my items?
Yes.
Can I use lard in my baking?
Yes, but you cannot make your own beef tallow or lard.
Can we top cupcakes with fully-cooked bacon or add cured meat to charcuterie boards?
No. Meat of any type is not allowed. Shelf stable bacon bits from the grocery store is okay.
Baked Goods & Desserts
Can chocolate covered strawberries be sold as cottage food?
Yes, this would be allowed.
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.
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.
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.
Can I buy a product from another vendor under cottage law, such as jam, and use it in my baked goods?
No.
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.
Can I sell beer bread?
Yes.
Can we sell raw cookie dough for customers to bake at home?
No.
Can I sell warm cookies out of a warming oven as long as they are pre-packaged?
Yes.
Can I sell freshly made cookies from a trailer without pre-packaging them? Can I bag them individually as they’re ordered, and does this require a different license?
You can sell them out of a non-licensed trailer, but they need to be packaged before sales, in your home before transporting.
Beverages & Alcohol
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.
Can you make coffee such as lattes, frappes, black coffee, etc. & loaded teas out of your home or a mobile trailer that is not inspected?
You may make those items, but the law is now specific in that cottage food products must only be prepared in a private home. There must be no preparation after the food/drink leaves the home, even the addition of ice or milk.
So, yes, you could make and sell those items directly out of your home for pick up orders. You could also make them at home and deliver to customers, or transport them to a market (as long as they stay 41°F or below, or 135°F or above). They need to be pre-packaged/bottled before sales.
But a food truck type setup where you make drinks on site would require a food permit.
I have a coffee roaster in my garage where I roast for proper venting and space. Is that OK since it is not in my kitchen?
Roasting in your garage is acceptable if the area is effectively protected from contamination. You will also need to post your sign about it being prepared in a kitchen that is not regulated.
Can we use alcohol in our products? For example: Amaretto Cupcakes or Rum Balls.
Yes, if less than .5% ABV. Learn more about Nebraska Revised Statute 53-194.04.
Do I need a license or permit to run a mobile bar and to sell infusion kits we assemble using freeze-dried fruits from a commercial kitchen?
If alcohol is included with this, it will definitely need a permit and may not be allowed by the liquor commission. If it’s just the dried fruit, it should be fine!
Condiments, Sauces & Flavorings
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.
Can I sell homemade vanilla?
The .5% rule refers only to candy/food: Nebraska Legislature. Here is the standard of identity for vanilla extract, which must be met in order to label the product “vanilla extract”: eCFR :: 21 CFR 169.175 -- Vanilla extract. Guidance from TTB: Vanilla Extracts and Vanilla Flavors | TTB: Alcohol and Tobacco Tax and Trade Bureau.
At this time there is no restriction in the pure food act against using alcohol for extracts at home. (nebraskalegislature.gov/laws/display_html.php?begin_section=81-2,239&end_section=81-2,292)
I asked Mark Davis at Nebraska Liquor Commission about this a few months back, you may reach out to him for further clarification: Mark.Davis@nebraska.gov
Freeze Drying in general:
Cottage food producers may freeze dry foods that are not excluded from being sold as a cottage food in the law. They need to be safe before freeze drying, as it is not a kill step for bacteria. No raw eggs. Since freeze drying is considered a special process, TCS products that are freeze dried should be tested for pH and water activity for safety. The definition of TCS foods can be found below. Freeze dried tomatoes are fine.
Time/Temperature Control for Safety Food (formerly "potentially hazardous food" (PHF)).
- "Time/temperature control for safety food" means a FOOD that requries time/temperature control for safety (TCS) to limit pathogenic microorganism growth or toxin formation.
- "Time/temperature control for safety food" includes:
- An animal FOOD that is raw or heat-treated; a plant FOOD that is heat-treated or consists of raw seed sprouts, cut melons, cut leafy greens, cut tomatoes or mixtures of cut tomatoes that are not modified in a way so that they are unable to support pathogenic microorganism growth or toxin formation, or garlic-in-oil mixtures that are not modified in a way so that they are unable to support pathogenic microorganism growth or toxin formation; and
- Except as specified in Subparagraph (3)(d) of this definition, a FOOD that because of interaction of its Aw and pH values is designed as Product Assessment Required (PA) in Table A or B of this definition.
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.
Honey
Do I need a special license to sell honey?
It would depend on how you intend to sell the honey. It needs to be honey from your hives. You cannot sell someone else’s honey. If it is pure unaltered honey, then no permit or training would be required. The Douglas County Health Department. asks that you notify them when attending events within Douglas County.
If you are selling honey that is whipped, infused, etc., you would need both a permit with the Douglas County Health Department (or your local health department), and per State law, a Certified Food Protection Manager Certification. Information on the CFPM can be found here: https://www.douglascountyhealth.com/food-safety-compliance?view=article&id=711:food-safety-certifications&catid=70:food-safety-compliance
Jams, Jellies & Preserves
Can jams and jellies be sold as cottage food?
Traditional jams and jellies can be sold, as long as they are made using pectin.
Specialty Foods
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 pickles?
No canned (processed) pickles. Yes to fresh pickles that are refrigerated. It is a best practice to label them for use within a few weeks.
Can I sell pickled jalapeños?
Yes, but they need to be refrigerated.
What are the rules regarding fresh salsa?
You may not sell canned salsa under cottage food laws, but you can sell fresh salsa that is cold, with a best practice note stating it will only last a week or two in the fridge.
Can you sell refrigerated pesto under cottage foods?
Yes.
Can you sell egg noodles and regular homemade noodles?
Egg noodles are okay with cooking instructions, and regular noodles are also okay.
Can I sell kettle corn under my cottage food registration?
The exemption with kettle corn may be handled differently in Hall, Lancaster, and Douglas County, but it is entirely separate from cottage food. A cottage food registration is not required to pop kettle corn on site. An NDA permit is also not required. (It’s always important to remember food safety practices and that it is illegal to sell adulterated food).
Still have questions about Cottage Food?
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