Nebraska's LB 262 (2024) opened the door to perishable foods that most states prohibit under cottage food — including cheesecakes, cream-filled pastries, ice cream, and fresh sauces. Here's how to do it correctly.
TCS stands for Time/Temperature Control for Safety. These are foods that require either refrigeration or heat to remain safe — because harmful bacteria can multiply rapidly when these foods spend too long in the temperature range between 40°F and 135°F, known as the "danger zone."
Cookies, breads, jams, spice blends, hard candy, granola — these foods do not support rapid bacterial growth at room temperature. They can sit on a table at a farmers market or in a pantry without becoming unsafe. Most cottage food programs cover only these foods.
Cheesecakes, cream pies, ice cream, soft cheese, buttercream, custards, fresh sauces — these foods contain dairy, eggs, or other ingredients that support bacterial growth if left at room temperature. Nebraska now allows these under cottage food, with specific handling requirements.
Nebraska's LB 262 expanded the allowed list to include a range of TCS foods made from store-purchased, licensed-source ingredients. Each category below has specific conditions that must be met to sell legally.
Even with LB 262's broad expansion, Nebraska's cottage food law still has meaningful limits. The following categories remain prohibited regardless of how they are prepared or packaged:
Nebraska does not require TCS food sellers to rent or use a licensed commercial kitchen. Your private home kitchen is the legally required and only permitted production space. LB 262 was explicit on this point — mobile trailers, commercial kitchen rentals, and pop-up food prep spaces all disqualify you from cottage food status.
If you want to sell products that require a licensed facility — such as shelf-stable canned goods, full prepared meals, or meat products — see Special Categories for the licensing paths that apply.
Nebraska's TCS food rules mirror standard commercial food safety protocols for cold foods. Here are the core temperature thresholds and transport rules you need to follow whenever you sell TCS products:
Cheesecakes, ice cream, cream pies, buttercream cakes, fresh sauces, refrigerated pickles, and chocolate-covered strawberries must be kept at or below 41°F at all times — in your refrigerator, during transport, and at your market booth. Use a food thermometer to verify.
If you sell any hot prepared item, it must be maintained at or above 135°F. Note: full prepared meals (soups, casseroles, entrees) are not permitted under Nebraska cottage food regardless of temperature controls.
Nebraska's statute is specific: all milk and milk products used as ingredients in TCS cottage food must come from an approved, licensed source — meaning a grocery store, licensed dairy, or other permitted food establishment. You cannot use raw milk from your own cows or goats, milk from a neighbor's farm, or cream that hasn't been pasteurized. Fluid milk, cream, sour cream, and yogurt cannot be sold as cottage food products themselves — only used as ingredients in finished products like cheesecake or ice cream.
Describe your product and find out whether it qualifies as TCS in Nebraska — with specific handling conditions, labeling requirements, and next steps.
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