Nebraska's LB 262 created one of the broadest allowed-food lists in the country. Here's exactly what's open, what's restricted, and what's off the table — with real examples for every category.
Prior to 2019, Nebraska home food sellers could only sell at farmers markets. LB 304 in 2019 opened online sales and home delivery for shelf-stable products. LB 262 in 2024 went further — adding Time/Temperature Control for Safety (TCS) foods to the allowed list for the first time.
This makes Nebraska one of only a handful of states where home producers can legally sell cheesecakes, cream-filled pastries, ice cream, and fresh refrigerated sauces under a cottage food exemption. The expansion was driven by recognition that rural entrepreneurs needed more flexibility, and that food safety practices — rather than blanket bans — were the right approach.
TCS stands for Time/Temperature Control for Safety. These are foods that require refrigeration or heat to stay safe — because pathogens can grow rapidly if they spend too long in the "danger zone" between 40°F and 135°F. Cheesecakes, cream fillings, dairy-based products, and fresh sauces are examples. Nebraska allows TCS foods under cottage food, but requires proper handling and labeling. See Prepared Meals & TCS Foods for the full rules.
One of the most important distinctions for Nebraska sellers is the difference between refrigerated and shelf-stable acidified foods. Fresh salsa in a plastic container, kept cold with a 7-day expiration, is allowed. But the same salsa canned in a mason jar and made shelf-stable — that's a hermetically sealed acidified food subject to FDA 21 CFR 114, and it is explicitly prohibited under cottage food law.
The same rule applies to pickles, hot sauce, BBQ sauce, and other acidified products. Refrigerated and fresh = potentially OK. Shelf-stable and hermetically sealed = requires a licensed commercial kitchen and FDA process filing. When in doubt, keep it cold and label the expiration date.
Nebraska's statute explicitly names kimchi, kombucha, and "similar fermented foods" in the prohibited list — even though Nebraska allows many TCS dairy products. This is a specific carve-out, not a general fermentation ban. If you make kombucha or other fermented beverages, you'll need a separate license. See Beverages and Special Categories for more.
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