After having some in depth discussion with the Douglas county Health Dept and the Omaha Dept of Planning (permits and Licenses) over the past few weeks, I have some things for potential urban farmers in the area to consider and it may be useful information for folks in other areas as well.
1) Before planting, please, please please, make sure you have the soil in your yard tested for lead and other contaminants. Because of the history of some neighborhoods, there is a serious lead threat that could affect any fruits and vegetables you grow with intentions to eat or sell.
2) Options for avoiding this if your yard is found to have some type of contaminant are:
2a) Raised bed gardens in which using ties or other stacking products you lay a barrier on the ground and dump fresh, clean soil over that to a depth that will support new plant growth.
2b) Potted gardens. Using large pots and containers that are filled with clean soil that will support new plant growth.
3) Whole, un-cut, non-”prepared” food items meaning fruits and vegetables that come straight from the garden, not being heated, treated, cut, sliced or otherwise “prepared” may be sold without a permit from the health dept in terms of food preparation/handling permits. You do not need a commercial or otherwise licensed kitchen. This includes raw, unheated or otherwise treated honey.
4) Any and all “canned” items such as home made pickles or salsa or anything else that would require a stove/oven, cutting, preparing to make require a licensed kitchen permit. and a food vendor license from the health dept.
5) Be aware of zoning restrictions and other neighborhood ‘agreements or covenants that may restrict retail sales activities in your area. While the Health dept may not require any special permits or licensing to sell from a table in your driveway or front yard, being in areas zoned only as residential or having signed a housing covenant may prohibit those activities.
6) Don’t get mad or behave poorly to local inspectors, they are only doing their job. They don’t make the rules, that’s what those folks you vote into office do. If you have an issue with a law that is on the books, take it up with the elected reps office. Bee nice to the field inspectors.