πŸ«™ Nebraska Β· Section 2 of 8

Shelf-Stable Food in Nebraska

Nebraska puts no cap on how much you can earn selling shelf-stable home-made food. Here's what qualifies as shelf-stable, where and how you can sell it, and what the rules look like in practice.

No Cap
Annual Sales Limit

Unlimited earning potential for Nebraska home food sellers

Nebraska has no annual revenue ceiling for cottage food producers. Unlike most states that cap sales at $25,000–$75,000 per year, Nebraska allows you to grow your business as far as your home kitchen and time will take you β€” with no requirement to ever move to a commercial facility based on revenue alone. As of 2023, Nebraska had more than 2,000 registered producers generating over $1 million combined, and that number has grown significantly since LB 262 expanded the law in July 2024.

What Counts as Shelf-Stable?

Shelf-stable foods are foods that are safe to store at room temperature without refrigeration or heating β€” they do not support the rapid growth of foodborne pathogens under normal storage conditions. The technical definitions involve water activity and pH, but the practical meaning is simpler: if your product can sit in a pantry or on a farmers market table without spoiling, it's almost certainly shelf-stable.

The Science Behind Shelf-Stable

Food safety regulators use two key measurements to determine whether a food requires refrigeration. Understanding these helps you make confident decisions about your own recipes:

Water Activity (aw): The amount of "free" water available in a food for microbial growth. Most shelf-stable foods have a water activity at or below 0.85 β€” meaning bacteria and mold don't have enough moisture to grow rapidly. Dry cookies, crackers, granola, spice blends, and hard candy all fall well below this threshold.

pH: A measure of acidity. Foods with a pH at or below 4.6 are generally too acidic to support growth of the most dangerous pathogens. Naturally acidic foods like lemon curd (if properly made) or some fruit preserves may be shelf-stable through acidity alone.

Important: Nebraska's cottage food law does not require you to lab-test your shelf-stable products. But if you plan to sell acidified foods like refrigerated pickles or fresh salsa, lab testing is strongly recommended to confirm pH and water activity. Labs at UNL, Midwest Labs, and Warren Labs (Greeley, CO) offer testing for $30–$100+ per product.

≀ 0.85
Water Activity (aw) β€” shelf-stable threshold
≀ 4.6 pH
pH β€” acidic enough to inhibit dangerous pathogens
$30–$100+
Lab testing cost per product (optional for shelf-stable)

Shelf-Stable Products You Can Sell

Nebraska's cottage food law allows a wide range of shelf-stable products. The following all qualify as non-TCS foods and can be sold, shipped, and delivered without refrigeration requirements:

Cookies & Brownies
Cakes (fully baked)
Breads & Rolls
Muffins & Scones
Pies (fruit & nut)
Jams & Jellies (pectin)
Fruit Butters
Preserves & Marmalades
Hard Candy
Fudge & Brittles
Granola & Trail Mix
Popcorn (all flavors)
Spice Blends & Rubs
Seasoning Salts
Herb Blends
Baking Mixes
Pancake & Waffle Mixes
Soup & Stew Mixes
Pasta & Grain Mixes
Dried Fruit & Nuts
Candied Nuts
Raw & Infused Honey
Biscotti
Marshmallows

Where You Can Sell Shelf-Stable Food

Nebraska's cottage food framework gives shelf-stable sellers significant flexibility in how and where they reach customers. The core requirement across all channels: all food must be prepared in a private home, and wholesale to restaurants, grocery stores, or retail chains is not permitted under any circumstances.

Sales Channel Allowed? Key Conditions
Farmers Markets βœ“ Yes No NDA registration or training required for non-TCS sellers at farmers markets only. Must post disclaimer and label with name/address.
Home Pickup & Delivery βœ“ Yes NDA registration and food safety training required. Disclaimer must be posted at your home and on your website.
Public Events (fairs, festivals, craft shows) βœ“ Yes NDA registration and training required. Must also comply with county/city event food safety requirements.
Online Sales (within Nebraska) βœ“ Yes NDA registration and training required. Disclaimer must appear on your website/listing. Non-TCS food can be shipped by mail within Nebraska.
Mail / Shipping (out of state) ⚠ Conditional Allowed if the receiving state permits receiving cottage food by mail. Non-TCS only β€” shelf-stable foods. Seller must verify legality in recipient's state. [VERIFY which states currently permit this]
Wholesale to Restaurants or Retail βœ— Not Allowed Nebraska cottage food law does not permit any indirect sales. All sales must be direct from producer to the end consumer.
Consignment / Third-Party Sellers βœ— Not Allowed Selling through another person, shop, or platform that resells to consumers is considered wholesale β€” not permitted.

Shipping Shelf-Stable Products

Nebraska is one of the few states that explicitly allows shelf-stable cottage food to be mailed β€” both within Nebraska and to other states where receiving cottage food by mail is legal. This opens up a real direct-to-consumer e-commerce channel for home food sellers.

Nebraska Shipping Rules

πŸ“¦
Non-TCS (shelf-stable) foods only Only shelf-stable products may be shipped. TCS foods must be hand-delivered by the producer and cannot be transported for more than 2 hours.
πŸ—ΊοΈ
Within Nebraska β€” freely allowed You can ship to any Nebraska customer by USPS or commercial carrier with no additional requirements beyond standard labeling.
✈️
Out of state β€” recipient state must permit it Nebraska allows you to send, but the receiving state determines whether their residents can legally receive cottage food by mail. Confirm legality in the recipient's state before shipping. [VERIFY]
🏷️
Label must travel with the product Producer name and address required on every package. The Nebraska disclaimer must be included β€” either on the label or as an insert in the package.
❄️
No cold-chain required for shelf-stable Standard packaging is fine for shelf-stable products. No ice packs, insulated mailers, or temperature monitoring required.

Storage & Handling Requirements

Nebraska does not inspect home kitchens, but the law still requires that all cottage food products be prepared and stored properly. Here's what good shelf-stable food handling looks like in practice:

1
Prepare in a private home only LB 262 clarified that all products must be made at your private home address β€” not in a mobile trailer, commercial kitchen, or other location. The address on your NDA registration is where you cook.
2
Use ingredients from approved sources All ingredients must be purchased from a permitted establishment β€” a grocery store, licensed distributor, or similar. You cannot use ingredients sourced directly from a farm unless that farm is a licensed food establishment.
3
Keep it clean and pest-free Standard good kitchen hygiene: clean surfaces, pest control, handwashing, no cross-contamination with raw meat or allergens during production.
4
Private well water β€” test before selling If your home uses a private well rather than municipal water, you must test the well for nitrates and coliform bacteria before registering with the NDA. Farmers market-only sellers of non-TCS food are exempt from this requirement.
5
Store properly before sale Keep shelf-stable products away from moisture, direct sunlight, and contamination. Package in food-grade containers. Products with lower water activity hold up well at room temperature in a cool, dry storage area.
6
Follow local event rules When selling at farmers markets, fairs, or festivals, you must also follow the specific food safety requirements of the county, city, or village where the event is held. Some counties (like Douglas and Lancaster) have additional registration requirements.

⚠️ Shelf-Stable Doesn't Always Mean Cottage Food

One important exception: foods that are made shelf-stable through acidification and hermetic sealing β€” such as canned salsas, shelf-stable hot sauces, canned pickles, and vinegar-based sauces in sealed jars β€” are not permitted under Nebraska's cottage food law, even though they can sit at room temperature.

These are regulated under the FDA Acidified Foods Regulations (21 CFR 114). Selling them requires a licensed commercial kitchen, a scheduled process from a process authority, and FDA facility registration. If you're interested in scaling to shelf-stable acidified products, see Special Categories for the full licensing path.

πŸ“Š

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