Neb. Rev. Stat. §§ 81-2,280

Current with changes through the 2024 First Special Legislative Session

Section 81-2,280 - Producer of food at private home; requirements; registration; contents

(1) A producer of food at a private home as described in subdivision (7) of section 81-2,245.01 shall meet the requirements of this section.

(2) Such producer shall only provide food that is not adulterated and is not any of the following types of time/temperature control for safety food:

(a) Any part of an animal, vertebrate or invertebrate, or animal by-product;

(b) Fluid milk or milk products as defined in the Grade A Pasteurized Milk Ordinance adopted by reference in the Nebraska Milk Act;

(c) Raw eggs;

(d) Unpasteurized juice;

(e) Infused oils or honey;

(f) Sprouts;

(g) Low-acid canned food and hermetically sealed acidified food;

(h) Tofu, tempeh, or similar meat substitutes; or

(i) Kimchi, kombucha, or similar fermented foods.

(3) Prior to conducting any food sales, the producer, other than a producer selling food that is not time/temperature control for safety food directly to the consumer at a farmers market, shall successfully complete:

(a) A nationally accredited food safety and handling education course that covers topics such as food safety issues, regulations, and techniques to maintain a food-safe environment;

(b) A certified food safety and handling training course offered at a culinary school or as required by a county, city, or village to obtain a food handler permit; or

(c) A food safety and handling education course approved by the department.

(4) The producer shall register with the department prior to conducting any sales of food. The registration shall be made on forms prescribed by the department and include (a) the name, address, and telephone number of the producer, (b) the type of food safety and handling education or training course taken pursuant to subsection (3) of this section and the date of its successful completion, and (c) proof of private well water testing for contamination by nitrate or bacteria if the producer uses private well water. This subsection shall not apply to a producer of food that is not time/temperature control for safety food selling directly to the consumer at a farmers market.

(5)

(a) The producer shall inform the consumer by a clearly visible notification that the food:

(i) Was prepared in a kitchen that is not subject to regulation and inspection by a regulatory authority; and

(ii) May contain allergens.

(b) For sales conducted at a farmers market, fair, festival, craft show, or other public event, such notification shall be provided at the sale location.

(c) For sales conducted for pickup or delivery, such notification shall be provided at the producer's private home, on the producer's website, if such website exists, and in any print, radio, television, or Internet advertisement for such sales.

(6) The producer shall label the food so that the name and address of the producer is provided to the consumer on the package or container label. Food that is time/temperature control for safety food shall also have labeling that includes ingredients in descending order of predominance.

(7)

(a) Food that is not time/temperature control for safety food may be delivered by United States mail or a commercial mail delivery service.

(b) Food that is time/temperature control for safety food shall be delivered only by the producer to the consumer in person. When transported, such food shall be maintained at a temperature in accordance with the Nebraska Pure Food Act and not be transported for longer than two hours.

(8) The provisions of this section supersede and preempt any ordinance, rule, regulation, or resolution regulating food safety and handling adopted or enacted by a political subdivision that is not in conformance with this section.

Neb. Rev. Stat. §§ 81-2,280

Laws 2019, LB 304, § 3; Laws 2024, LB 262, § 40.

Amended by Laws 2024, LB 262,§ 40, eff. 7/19/2024.

Added by Laws 2019, LB 304,§ 3, eff. 9/1/2019.