The sale of food is regulated by the federal government and most state governments. Sellers who list food and food-related products should familiarize themselves with these laws before joining GROW Nebraska®. Prior to becoming a food member of GROW Nebraska® and you have any question if your products qualifies, please contact GROW Nebraska’s Food/Beverage Mentor, GROW Nebraska® & Fabulous Brews at member@grownebraska.org.
Prohibited Food Items: For the safety of GROW Nebraska® members, sellers may not list the following food and food-related items on the GROW Nebraska® website or any printed/marketing opportunities:
• Listings containing drug claims-that is, a claim that the item is intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in humans and/or animals (for example, pharmaceutical drugs, contact lenses, misbranded dietary supplements).
• Non-pasteurized dairy products.
• Fruit and vegetable juice products that have not been heat pasteurized.
• Wild mushrooms.
• Expired military MREs (meals ready-to-eat), unless the MRE is considered a collectible item and is not intended for consumption (and the listing states the MRE is not intended for consumption).
• Perishable items: Sellers who list perishable items should clearly identify in the item description the steps that they will take to ensure that the goods are delivered to the buyer safely. For example, sellers of perishable goods should offer overnight delivery and ensure that the goods are properly packaged.
• Sealed Containers: All food and related products sold by GROW Nebraska® should be packaged or sealed to ensure that the buyer can identify evidence of possible tampering.
• Expiration dates: All items must be clearly marked expiration, “use by” date or born-on date.
There are many federal and state laws that sellers must comply with when selling food through GROW Nebraska®. Some examples are:
• Ingredients: There are federal and state laws that require labels to state, among other things, the food’s ingredients, nutrition information, and place of manufacture.
• Food Licenses: Nebraska Food Processing Permit from the State Department of Ag, Bureau of Dairies and Foods and Nebraska State Sales Tax Permit.
• Insurance: At least $1,000,000 (one Million) of liability insurance.
• Import/Export: There are restrictions on the import and export of many food products.
• FDA Bioterrorism Registration: If you are producing your food yourself, you must be registered with the FDA in regards to bioterrorism. To submit the forms needed please visit www.access.fda.gov. If you have issues you can call 800-216-7331 from 7:30am to 11pm Monday through Friday and they will walk you through the whole process. You will be able to print out your registration right away. If you are utilizing a co-packer you will need to have you co-packer’s registration on file. Please contact your co-packer for more information.