Expanded cottage food sales considered

The Agriculture Committee heard testimony March 5 on a bill that would allow Nebraskans to sell foods already authorized for sale at farmers’ markets to customers from their homes and at certain other events.

Current law authorizes the sale of foods such as baked goods and uncut fruits and vegetables directly to a consumer at a farmers’ market if the consumer is informed by a sign at the sale location that the food was prepared in a kitchen that was not subject to regulation and inspection.

LB304, introduced by Bellevue Sen. Sue Crawford, would expand that provision to direct consumer sales at a fair, festival, craft show or other public event or for pickup or delivery at the seller’s private home.

The bill would require the name and address of the producer to be included on the package or container label.

Crawford said LB304 would help cottage food producers supplement their incomes and start their own businesses.

State and national data show no outbreaks of foodborne illnesses related to farmers’ markets or cottage foods, she said. Consumers should be allowed to buy those same foods made in the same conditions at any time of the year, Crawford said, not only when farmers’ markets occur.

“Cottage foods are simply not risky foods,” she said. “This bill is simply allowing another avenue through which local producers can sell their goods.”

Nicole Fox, director of government relations for the Platte Institute, testified in support of the bill, saying it would reduce barriers for entrepreneurs. She said LB304 would benefit those who cannot work outside the home, such as stay-at-home parents, and those in rural Nebraska where it can be difficult to earn a second income, especially for women.

Matt Gregory testified in support of the bill on behalf of the Nebraska Farmers Union. He said farmers across the state are looking for ways to diversify their operations and earn additional income to offset low commodity prices.

“We have a growing number of entrepreneurs who are trying to supplement their incomes with in-home business,” Gregory said, “and this bill is a way to reduce some of those regulatory barriers and red tape that stands in the way.”

Cindy Harper, a home baker who sells customized sugar cookies to earn extra income, also testified in support. She said she is busiest during graduation season and around holidays such as Valentine’s Day and Easter.

“Without a farmers’ market at that time of year, I’m limited in the capacity to fulfill orders,” Harper said. “Having [the] ability to have an Etsy store online or something else really would expand my horizons.”

Adi Pour, director of the Douglas County Health Department, testified in opposition to the bill on behalf of an association of local health directors in Nebraska. She said food prepared in an uninspected home kitchen by a person who has not received food handling training poses a risk to public health.

“The risk is not so much the ingredients in prepared food,” Pour said, “but it is the environment of the home kitchen.”

Kathy Siefken testified in opposition to LB304 on behalf of the Nebraska Grocery Industry Association, the Nebraska Restaurant Association and the Nebraska Retail Federation. She said the bill does not require cottage food producers to follow basic food safety procedures or complete food safety training.

“[Our opposition] is not about profits, and it is not about competition,” Siefken said. “What it is about is food safety.”

The committee took no immediate action on the bill.