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Tennessee Cottage Food Law

Tennessee cottage food law is the Tennessee Food Freedom Act: food you make in your own home is exempt from state licensing, permits and inspection. There is no sales cap and nothing to register. Shelf-stable foods can be sold online, delivered by a carrier inside Tennessee and stocked by a grocery store. Refrigerated foods are sold in person only.

Tennessee cottage food law: map of the United States with Tennessee highlighted
Permit or licenseNoneThe Tennessee Department of Agriculture (TDA) issues no permits or licenses and does no inspections for food made under the Act.
Sales capNo capThe Act puts no dollar limit on homemade food sales.
Where it appliesTennessee onlyThe exemption covers intrastate sales. Sales to other states fall outside it.
Refrigerated foodsIn personSold face to face by you or your agent, like at a farm stand on the property where you made the food.
01

What the Tennessee cottage food law covers

TDA notes that people also call the Food Freedom Act the "Tennessee Cottage Food Law". It covers "homemade food items": food, including non-alcoholic drinks, that you produce, and package if you package it, at your own private residence.

T.C.A. § 53-1-118(a)The production and sale of homemade food items are exempt from all licensing, permitting, inspecting, packaging and labeling laws of this state, except when the department of health is investigating a reported foodborne illness.

Because the Act is about your residence, a rented commercial kitchen or a church kitchen is not covered. Make food there and the regular state licensing rules apply.

02

Which foods you can sell

The Act has no list of approved foods. Instead it splits homemade food into two groups. Shelf-stable foods, like breads, cookies, fudge, jams, granola and spice blends, follow the open rules. Foods that need time or temperature control for safety, like cheesecake, cream pies or chicken salad, follow stricter ones.

For refrigerated foods, the Act rules out:

  • Unpasteurized milk
  • Alcoholic beverages, or food that contains them
  • Fish and shellfish products
  • Meat, meat byproducts and meat food products

Poultry is allowed only to the extent federal law permits: either you raise and process your own birds under the federal 1,000-poultry exemption, or you use poultry that was federally or state inspected and passed and meet the retail exemption rules.

T.C.A. § 53-1-118(b)(3)Poultry products are permitted under 9 CFR 381.10(c) or 9 CFR 381.10(d), with only exempted or inspected and passed poultry.
03

Where and how you can sell

Tennessee is one of the few states that lets a grocery store put homemade food on its shelf. The catch: only shelf-stable food, and only inside Tennessee.

Way of sellingShelf-stable foodsRefrigerated foods
In person, by youYesYes
By phone or onlineYesNo
Through your agentYesYes, in person
Through a retail shop or grocery storeYesNo
Delivered by a third-party carrierYesNo, sold in person only
To customers in other statesNot covered by the ActNot covered by the Act

Counties, cities and other local governments can't ban or regulate homemade food production and sales under the Act. The Act also leaves the rules for other goods and services sold at the same place unchanged.

04

What still applies to you

  • Sales tax and other tax laws: the Act exempts you from none of them
  • Department of Health investigations of a reported foodborne illness
  • TDA enforcement if a product falls outside the exemption, under T.C.A. § 53-1-201
  • Federal law and the other state's rules once food leaves Tennessee

TDA can share general food safety information but does not advise on a specific product or business. For that, it points you to a private attorney.

05

When you outgrow the Food Freedom Act

Move production out of your home, sell refrigerated food online or ship to other states, and the exemption no longer covers you. You then need the state licensing the Act spared you, and federal labeling applies: net quantity, allergens and usually a Nutrition Facts panel.

FDA Food Labeling Requirements →
The label

What your Tennessee cottage food label must say

On a label for packaged food or bulk containers, on a placard for unpackaged food, or on the web page if you only sell online. For phone and custom orders, tell the buyer the statement and share the rest on request.

  1. 1
    Name, home address and phone number
    Of the person who produced the food.
  2. 2
    Common or usual name
    Like "Chess pie" or "Muscadine jelly".
  3. 3
    Ingredients
    In descending order of predominance.
  4. Required statement, word for wordCopy exactlyThis product was produced at a private residence that is exempt from state licensing and inspection. This product may contain allergens.
Questions

Tennessee Cottage Food Law: questions

No. TDA does not issue permits or licenses or inspect food made under the Food Freedom Act, and there is nothing to register.

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