{"data":{"id":"us-ne/neb.-rev.-stat.-81-2-245.01","jurisdiction":"us-ne","citation":"Neb. Rev. Stat. § 81-2,245.01","heading":"Food establishment, defined.","body":"Food establishment shall mean an operation that stores, prepares, packages, serves, sells, vends, or otherwise provides food for human consumption. The term does not include:\n(1) An establishment or vending machine operation that offers only prepackaged soft drinks, carbonated or noncarbonated; canned or bottled fruit and vegetable juices; prepackaged ice; candy; chewing gum; potato or corn chips; pretzels; cheese puffs and curls; crackers; popped popcorn; nuts and edible seeds; and cookies, cakes, pies, and other pastries, that are not time/temperature control for safety foods;\n(2) A produce stand that only offers whole, uncut fresh fruits and vegetables;\n(3) A food processing plant;\n(4) A salvage operation;\n(5) A private home where food is prepared or served for personal use, a small day care in the home, or a hunting lodge, guest ranch, or other operation where no more than ten paying guests eat meals in the home;\n(6) A private home or other area where food that is not time/temperature control for safety food is prepared for sale or service at a religious, charitable, or fraternal organization's bake sale or similar function;\n(7) A private home where a producer of food that meets the requirements of section 81-2,280 is prepared for sale directly to the consumer including, but not limited to, at a farmers market, fair, festival, craft show, or other public event or for pick up at or delivery from such private home;\n(8) A private home or other area where food is prepared for distribution at a fundraising event for a charitable purpose if the consumer is informed by a clearly visible placard at the serving location that the food was prepared in a kitchen that is not subject to regulation and inspection by the regulatory authority. This subdivision does not apply to a caterer or other establishment providing food for the event if the caterer or establishment receives compensation for providing the food;\n(9) The location where food prepared by a caterer is served so long as the caterer only minimally handles the food at the serving location;\n(10) Educational institutions, health care facilities, nursing homes, and governmental organizations which are inspected by a state agency or a political subdivision other than the regulatory authority for sanitation in the food preparation areas;\n(11) A pharmacy as defined in section 71-425 or a similar facility if the pharmacy or the similar facility only sells pharmaceutical, medicinal, or health supplement foods that are not time/temperature control for safety or foods described in subdivision (1) of this section; and\n(12) An establishment which is not a commercial food establishment and which sells only commercially packaged foods that are not time/temperature control for safety foods.","path":["Chapter 81 - STATE ADMINISTRATIVE DEPARTMENTS"],"source_url":"https://nebraskalegislature.gov/laws/statutes.php?statute=81-2,245.01","current_through":"Laws 2026","vintage":"","retrieved_at":"2026-09-17T21:01:11Z","sha256":"322a3501ddb43f087a7afff54ea2d223d33167d7d5aba46f7ed9082735812a35","source_id":"us-ne","stale":true,"prev":"us-ne/neb.-rev.-stat.-81-2-245","next":"us-ne/neb.-rev.-stat.-81-2-245.02"},"notice":"GroundRules: Original legal text. Not legal advice."}