LB304, also known as the “Cottage Food” law

LB 304 of 2019 amended the Nebraska Pure Food Act which is administered by the Nebraska Department of Agriculture (NDA). 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 the following:

1. The producer registers with NDA on this site (link to register below) and includes all required information;
2. The producer has completed an accredited food safety course; (see list of possible courses below) and
3. 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;
4. The name and address of the producer is on the package or container label;
5. 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);
6. The producer complies with food safety guidelines required by the county, city or village for sale at public events;
7. 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.
8. Foods subject to FDA Acidified Foods Regulations (21 CFR 114) such as shelf stable salsas, sauces, or pickles may not be sold under the cottage food law. Also, charcuterie boards may not be sold under the cottage food law.

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.

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.

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List of registered cottage food producers (March 20, 2023)

Food Safety Course Examples

• ServSafe
• Lincoln-Lancaster County Health Department Online Food Safety Training
• StateFoodSafety
• UNL Cottage Food Law Training - Online Course

Water Well Testing (Nebraska Public Health Environmental Lab)