๐Ÿท๏ธ Nebraska ยท Section 6 of 8

Label Requirements in Nebraska

Nebraska's labeling rules are clear and manageable. Every product needs your name, address, and the required disclaimer. TCS foods need a full ingredient list too. Here's exactly what goes on every label โ€” and the precise disclaimer text you must use.

Required Label Elements

Nebraska's labeling requirements vary slightly depending on whether your product is shelf-stable or TCS. All sellers share the first two requirements โ€” TCS food sellers have additional obligations. Labels do not need to be pre-approved by NDA.

1
Producer Name & Address All Products Your full legal name (or registered business name) and your home address โ€” specifically the address where you produce the food. A P.O. Box is not sufficient; it must be a physical address where you can be contacted. City plus P.O. Box is not acceptable. [VERIFY exact NDA guidance on P.O. Box vs. full address]
2
Required Disclaimer Statement All Products The exact required disclaimer must appear on the label or be posted clearly at the point of sale. See the full disclaimer text below โ€” this wording is required; do not paraphrase it.
3
Ingredients in Descending Order by Weight TCS Foods Only TCS foods must list every ingredient, from heaviest (most by weight) to lightest (least by weight). This is the standard FDA descending-weight convention. Shelf-stable cottage food products are not required to include an ingredient list by Nebraska law โ€” though including one is always a good practice and builds customer trust.
4
"Keep Refrigerated" Notice TCS Foods Any TCS product that must be stored cold โ€” cheesecakes, buttercream cakes, ice cream, refrigerated pickles, fresh sauces, dairy beverages โ€” must include a clearly visible "Keep Refrigerated" (or equivalent) notice on the label.
5
Expiration / Use-By Date TCS Foods TCS foods must include an expiration date or "use by" date on the label. This communicates to the buyer how long the product remains safe. [VERIFY exact statutory language โ€” "Use By" vs. "Best By" vs. "Expires" โ€” with NDA]
+
Net Weight or Volume Best Practice Nebraska's statute does not explicitly mandate net weight on cottage food labels, but including it is strongly recommended for consumer trust and alignment with standard food labeling practices. Use ounces and grams for solid foods; fluid ounces and milliliters for liquids.

Sample Label

This example shows a compliant TCS label for a cheesecake โ€” the most demanding label type in Nebraska because it requires the full ingredient list in addition to all standard elements.

๐Ÿท๏ธ Sample Nebraska Cottage Food Label

Classic New York Cheesecake
Homemade ยท Small Batch ยท Made in Nebraska

Producer
Jane Doe's Home Bakery
Address
1234 Prairie Lane, Lincoln, NE 68501
Net Weight
24 oz (680 g)

Ingredients (descending by weight โ€” required for TCS)
Cream Cheese (Pasteurized Milk, Cheese Culture, Salt, Carob Bean Gum), Graham Cracker Crust (Graham Crackers, Butter, Sugar), Sour Cream (Cultured Cream), Sugar, Eggs, Vanilla Extract, Lemon Juice.
Allergens
Contains: Milk, Eggs, Wheat. Made in a home kitchen that also processes tree nuts and soy.
Use By
05/01/2026
โ„๏ธ Keep Refrigerated โ€” Store below 41ยฐF

This food was prepared in a kitchen that is not subject to regulation and inspection by the regulatory authority and may contain allergens.

The Required Nebraska Disclaimer

This exact statement must be communicated to every customer at every point of sale. It must be visible โ€” not buried in fine print. On labels it should appear clearly on the package. At markets and events it must be posted as a sign. On your website or online shop it must appear on the product page or ordering page.

Required Disclaimer โ€” Exact Wording
"This food was prepared in a kitchen that is not subject to regulation and inspection by the regulatory authority and may contain allergens."
Source: Nebraska Revised Statute ยง 81-2,280 and Nebraska Department of Agriculture Cottage Food Program guidelines. This wording is required โ€” do not paraphrase, shorten, or substitute different language. The phrase "may contain allergens" is part of the required statement and must be included even if you believe your product is allergen-free.

Where the Disclaimer Must Appear

Nebraska requires you to "visibly notify" customers at every selling context. This means the disclaimer isn't just for your label โ€” it travels with your brand wherever you sell.

๐Ÿท๏ธ On the product label or container
๐Ÿ  Posted at your home (for pickup customers)
๐Ÿ’ป On your website or online shop page
๐Ÿ“ฃ In any print advertising
๐Ÿ“ป In radio advertising
๐Ÿ“บ In television advertising
๐Ÿช Visible sign at farmers market booth
๐ŸŽช Visible sign at events and craft shows

Allergen Labeling

Nebraska's required disclaimer already includes a general allergen notice ("may contain allergens"). But for TCS foods โ€” which require a full ingredient list โ€” you should also specifically identify the major allergens present in your product. This is standard food labeling practice and protects both your customers and your business.

The FDA recognizes nine major food allergens. If your product contains any of these, they should be clearly identified โ€” either in the ingredient list (using the common name) or in a separate "Contains:" statement immediately following the ingredient list.

๐Ÿฅ›
Milk
๐Ÿฅš
Eggs
๐ŸŸ
Fish
๐Ÿฆ
Shellfish
๐ŸŒณ
Tree Nuts
๐Ÿฅœ
Peanuts
๐ŸŒพ
Wheat
๐Ÿซ˜
Soybeans
๐ŸŒฟ
Sesame

Recommended format: After your ingredient list, add a bold "Contains:" line naming any of the nine allergens present โ€” e.g., "Contains: Milk, Eggs, Wheat." If your kitchen also handles other allergens not in the product, add: "Made in a home kitchen that also processes [allergen]." This protects customers with severe allergies and demonstrates care as a producer.

Ingredient Order โ€” How to List Correctly

For TCS foods, Nebraska requires ingredients to be listed in descending order of predominance by weight โ€” meaning the ingredient that weighs the most in the recipe goes first, and the ingredient that weighs the least goes last. This is the same standard used in commercial food labeling under FDA regulations.

Example: Buttercream Frosting Cake

โœ“ Correct โ€” Heaviest First
  • 1. All-Purpose Flour (most by weight)
  • 2. Butter
  • 3. Sugar
  • 4. Eggs
  • 5. Milk
  • 6. Powdered Sugar
  • 7. Vanilla Extract (least by weight)
โœ— Incorrect โ€” Alphabetical or Random
  • โœ— Butter
  • โœ— Eggs
  • โœ— Flour
  • โœ— Milk
  • โœ— Powdered Sugar
  • โœ— Sugar
  • โœ— Vanilla Extract
๐Ÿ’ก

Ingredient order only applies to TCS foods under Nebraska's cottage food law. Shelf-stable products (cookies, jams, spice blends, granola) are not required to include an ingredient list at all โ€” though adding one is strongly recommended as a best practice for customer transparency and allergen awareness.

Additional Label Elements for TCS Foods

Beyond the standard name, address, and disclaimer, TCS foods have extra labeling requirements that reflect their perishable nature and the need to guide customers on safe storage and consumption.

โ„๏ธ Keep Refrigerated

Required on all TCS products that must be stored cold โ€” cheesecakes, cream pies, buttercream cakes, ice cream, cheese, refrigerated pickles, fresh sauces, dairy-based beverages, and fresh juice. Must be clearly visible on the label or container.

๐Ÿ“… Use By / Expiration Date

Required on TCS foods to communicate safe consumption window. Nebraska law specifies this requirement; confirm exact wording ("Use By," "Best By," or "Expires") with NDA. [VERIFY] Refrigerated pickles and fresh sauces should use 7-day expiration dates.

๐ŸงŠ "Keep Frozen" (Ice Cream)

For frozen products like ice cream, "Keep Frozen" is the appropriate storage instruction in place of or in addition to "Keep Refrigerated." Customers need clear guidance to prevent thawing and refreezing, which degrades quality and safety.

โฑ๏ธ Refrigerated Pickles โ€” 7-Day Rule

Nebraska specifically allows refrigerated (non-hermetically sealed) pickles with a 7-day recommended shelf life on the label. The label must also note they must be kept cold and are not shelf-stable. This differentiates them from prohibited canned/shelf-stable pickles.

Net Weight & Measurement Guidelines

Nebraska's cottage food statute does not explicitly mandate net weight labeling, but it is standard practice and strongly recommended. Most consumers expect to see quantity on a food label, and net weight helps you price your products consistently. If you do include net weight, follow these standard conventions:

Product Type Measurement Format Example
Solid foods (baked goods, candy) Weight oz and g, or lb and kg Net Wt. 8 oz (227 g)
Liquid / pourable products Volume fl oz and mL Net 12 fl oz (355 mL)
Counted items (cookies, candies) Count + weight Count and net weight 12 cookies, Net Wt. 6 oz (170 g)
Spice blends / dry mixes Weight oz and g Net Wt. 2 oz (57 g)
Whole pies / cakes Weight lb and oz, or grams Net Wt. 2 lb 4 oz (1.02 kg)
๐Ÿท๏ธ

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