Tennessee Cottage Food Law
Tier: Good. Solid baseline with moderate restrictions — typically a high cap (often $50K+) and standard direct-to-consumer rules. Workable for most home bakers.
None
Any non-time/temperature control for safety (non-TCS) homemade food item produced at the producer's private residence is allowed, including baked goods, jams, jellies, candy, dried herbs, non-TCS beverages, and more. No prescribed list of allowed foods – the broad exemption covers all non-TCS homemade foods.
Registration: No. Food handler cert: No.
Tennessee Code Annotated, Title 53 – Food, Drugs and Cosmetics, Chapter 1 – General Provisions, Part 1, Section 53-1-125 (Tennessee Food Freedom Act, Public Chapter No. 862, SB 693)
Verbatim excerptBE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. This act is known and may be cited as the "Tennessee Food Freedom Act." ... SECTION 3. Tennessee Code Annotated, Title 53, Chapter 1, Part 1, is amended by adding the following as a new section: (a) Notwithstanding part 2 of this chapter, or another law to the contrary, except as provided in this section, the production and sale of homemade food items under this chapter 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. (b) The exemption under subsection (a) only applies if the following conditions are satisfied: Non-time/temperature control for safety food homemade food items must be sold either by: The producer to the consumer in person or remotely... county, municipal, and other political jurisdictions [may not restrict] production and sale of homemade food items.
Source: publications.tnsosfiles.com/acts/112/pub/pc0862.pdf →
Tennessee Cottage Food Law — Full PDF report
A comprehensive report covering the Tennessee statute, every county we've researched, and authoritative source URLs.
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Tennessee Cottage Food Law — Official Guidance Summary
Official agency guidance changes without notice. The text below is reproduced for reference only — always confirm current rules on the agency website before relying on it.
- Tennessee Department of Agriculturehttps://publications.tnsosfiles.com/acts/112/pub/pc0862.pdf
Tennessee's cottage food rules are set by Tenn. Code §53-1-125 (Food Freedom Act). The summary below is drawn from Crosodo's verified statute research and official agency guidance. Always confirm current requirements on the state agency website before you sell.
Program basics
- Tennessee Code Annotated, Title 53 – Food, Drugs and Cosmetics, Chapter 1 – General Provisions, Part 1, Section 53-1-125 (Tennessee Food Freedom Act, Public Chapter No. 862, SB 693)
- None
- No
- No
- No
Allowed products and sales channels
- Any non-time/temperature control for safety (non-TCS) homemade food item produced at the producer's private residence is allowed, including baked goods, jams, jellies, candy, dried herbs, non-TCS beverages, and more. No prescribed list of allowed foods – the broad exemption covers all non-TCS homemade foods.
- Foods that require time or temperature control for safety (TCS foods) to prevent pathogenic microorganism growth are not covered by the Food Freedom Act exemption. Meat, poultry, fish, dairy products requiring refrigeration, and other TCS foods require standard food establishment licensing.
- The Tennessee Food Freedom Act (Public Chapter 862, effective July 1, 2022) broadly exempts production and sale of non-TCS homemade food items from all licensing, permitting, inspecting, packaging, and labeling laws. Sales may be direct to consumer in person or remotely.
- Local government ordinances restricting homemade food sales are preempted.
- Note: Prior to the 2022 Food Freedom Act, the older domestic kitchen regulations (TDA Chapter 0080-4-11) required a permit, inspection, and food safety certification, and limited sales to 100 units/week; the Food Freedom Act supersedes these requirements for qualifying non-TCS homemade foods.
Labeling
- Under the Tennessee Food Freedom Act, homemade food items are exempt from state packaging and labeling laws (except during DOH foodborne illness investigation). No specific labeling requirements are imposed by the statute. Best practice is to include product name, ingredients, and producer contact information.
Statute excerpt
- BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE: SECTION 1. This act is known and may be cited as the "Tennessee Food Freedom Act." ... SECTION 3.
- Tennessee Code Annotated, Title 53, Chapter 1, Part 1, is amended by adding the following as a new section: (a) Notwithstanding part 2 of this chapter, or another law to the contrary, except as provided in this section, the production and sale of homemade food items under this chapter 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.
- (b) The exemption under subsection (a) only applies if the following conditions are satisfied: Non-time/temperature control for safety food homemade food items must be sold either by: The producer to the consumer in person or remotely... county, municipal, and other political jurisdictions [may not restrict] production and sale of homemade food items.
Official sources
- State agency cottage food page: https://www.tn.gov/agriculture/businesses/food/food-manufacturing/domestic-kitchen.html
- Statute: https://law.justia.com/codes/tennessee/2021/title-53/chapter-8/
Summarized from official Tennessee cottage food statute research and agency guidance. Agency rules change — verify on the official site before relying on this information.
Tennessee Counties
95 counties tracked. Pick yours for the local zoning + health department links.
View all 95 counties →City zoning rules in Tennessee
City zoning rules apply on top of the state cottage food law — home occupation, customer pickup, signage, and employees.
The Cottage Baker's Field Guide (PDF)
A 6-page reference covering all 51 jurisdictions with methodology and tier explainers — same data as this directory, ready to print and tape to your wall.
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Tennessee cottage food law — FAQ
Do I need a license or permit to sell homemade food in Tennessee?
Yes — No. Food handler certification: No.
What foods can I sell under the Tennessee cottage food law?
Any non-time/temperature control for safety (non-TCS) homemade food item produced at the producer's private residence is allowed, including baked goods, jams, jellies, candy, dried herbs, non-TCS beverages, and more. No prescribed list of allowed foods – the broad exemption covers all non-TCS homemade foods.
Is there a sales cap for cottage food in Tennessee?
None
How good is Tennessee's cottage food law?
Tennessee is a Good-tier cottage food state by Crosodo's rating criteria. Solid baseline with moderate restrictions — typically a high cap (often $50K+) and standard direct-to-consumer rules. Workable for most home bakers.
Cottage food laws are amended every year. This is a starting reference, not legal advice. Verify with Tennessee Department of Agriculture and your local health department before relying on this data.