Cottage food laws in Madison County, TN
Madison County is a county in Tennessee (pop. 98,644). Under Tennessee's Good-tier cottage food law (sales cap: None), home bakers must still clear local zoning and health rules in this county. Registration path: No. Start with Tennessee Department of Agriculture (state cottage food page linked below), then confirm Madison County health and planning requirements. Local notes for Madison County: home kitchen allowed; inspection not required; home occupation permit not required. No Madison County-specific cottage food rules found. Tennessee's Food Freedom Act is one of the most permissive in the country. The old §53-8-117 domestic kitchen statute was repealed in 2017; current law is §53-1-125 enacted 2022. No sales cap, no registration. City of Jackson (county seat) may have business license requirements. Operators should check local zoning for home occupation standards. Download the free PDF reports below for a portable summary, and always re-check official sources before you sell.
Madison County cottage food reports
Zoning, permits, health department rules, and local sources for Madison County.
Download county PDF
Full statute, all counties in Tennessee, and official source links.
Download state PDFTier: Good
Tennessee has a Good-tier cottage food law — solid baseline with moderate restrictions, typically a high sales cap (often $50K+) and standard direct-to-consumer rules. Workable for most home bakers with reasonable scale plans.
View state law →Health department
Many states delegate cottage food registration and inspection to the county health department. Contact theirs for the local process.
Home occupation rules
The county or city zoning code governs whether you can run a home-based food business — customer visits, signage, employees, floor area.
Home kitchen, inspection, and zoning rules for Madison County
State baseline: Tenn. Code §53-1-125 (Food Freedom Act)
- Home kitchen allowed
- Yes
- Restrictions
- Tennessee Food Freedom Act (§53-1-125, eff. July 1, 2022) broadly deregulates non-TCS homemade food production and sales. No license, permit, registration, or inspection required. Allowed: all non-TCS homemade foods including baked goods, jams, jellies, candy, dried herbs, non-TCS beverages. Prohibited: TCS foods requiring time/temperature control for safety.
- Separate dedicated kitchen
- No
- Pet restrictions
- No state restriction for Tennessee cottage food operations.
- Water supply
- No specific requirement under Tennessee Food Freedom Act.
- Handwashing
- No specific statutory requirement.
- Food storage
- Non-TCS homemade foods only; store to prevent contamination.
- Inspection required
- No
- Inspection trigger
- DOH may investigate foodborne illness complaints but has no general inspection authority over cottage food under §53-1-125.
- Home occupation permit
- Varies
- Permit details
- Madison County and the City of Jackson may have local home occupation zoning requirements. Tennessee state law does not preempt local zoning for home-based businesses; operators should verify with Madison County Planning or Jackson city zoning.
- Local business license
- Varies
- On-site customer pickup
- Yes
- On-site signage
- Conditional
- Delivery / pickup
- Direct and indirect sales allowed under Tennessee Food Freedom Act. Online sales, home pickup, farmers markets, and events all permitted. No express prohibition on retail/wholesale for non-TCS foods.
- Max employees in home
- No limit specified in Tennessee Food Freedom Act.
- Relevant code section
- No Madison County-specific cottage food code section identified.
No Madison County-specific cottage food rules found. Tennessee's Food Freedom Act is one of the most permissive in the country. The old §53-8-117 domestic kitchen statute was repealed in 2017; current law is §53-1-125 enacted 2022. No sales cap, no registration. City of Jackson (county seat) may have business license requirements. Operators should check local zoning for home occupation standards.
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)
Full Tennessee state report (with PDF download) →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 →
Madison County cottage food — FAQ
Do I need a permit to sell cottage food in Madison County, Tennessee?
Home occupation permit: Varies. Madison County and the City of Jackson may have local home occupation zoning requirements. Tennessee state law does not preempt local zoning for home-based businesses; operators should verify with Madison County Planning or Jackson city zoning. State cottage food registration may also apply — check the Tennessee guide at https://crosodo.com/states/tennessee.
Is a health inspection required for home bakers in Madison County?
Inspection: No. Trigger: DOH may investigate foodborne illness complaints but has no general inspection authority over cottage food under §53-1-125.. Non-TCS baked goods are often exempt from kitchen inspection under state cottage food law, but local rules can differ.
What foods can I sell under Tennessee cottage food law in Madison County?
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. County zoning does not expand the state product list — if a food is banned by Tennessee, it stays banned. Verify with the state agency before selling.
What is the sales cap for cottage food in Tennessee?
Tennessee state law lists cottage food sales at None. There is typically no separate county sales cap, but local permits or zoning can still limit operations.
Do I need a home occupation permit in Madison County?
Home occupation permit: Varies. Madison County and the City of Jackson may have local home occupation zoning requirements. Tennessee state law does not preempt local zoning for home-based businesses; operators should verify with Madison County Planning or Jackson city zoning.
Where to verify Madison County rules
Madison County vs. bordering counties
| Regulation | Madison County This county | Gibson County | Carroll County |
|---|---|---|---|
| Home kitchen allowed | Yes | Yes | Yes |
| Separate dedicated kitchen | No | No | No |
| Pets allowed | No state restriction for Tennessee cottage food operations. | Not specified in state cottage food law. | No specific pet restriction in state law; standard food safety hygiene practices apply. |
| Inspection required | No | No | No |
| On-site customer pickup | Yes | Yes | Yes |
| On-site signage | Conditional | Conditional | Conditional |
| Delivery / pickup | Direct and indirect sales allowed under Tennessee Food Freedom Act. Online sales, home pickup, farmers markets, and events all permitted. N… | No restrictions specified in state law. All non-TCS homemade food sales broadly permitted. | Broad — direct and indirect sales permitted. Online, in-person, delivery, farmers markets, retail stores all allowed under Tennessee Food F… |
| Home occupation permit | Varies | Conditional | Varies |
| Local business license | Varies | Varies | Varies |
| Restrictions | Tennessee Food Freedom Act (§53-1-125, eff. July 1, 2022) broadly deregulates non-TCS homemade food production and sales. No license, permi… | Any non-TCS homemade food produced at producer's private residence is allowed. No license, permit, inspection, or labeling requirements exc… | Tennessee Food Freedom Act (Tenn. Code §53-1-125, effective July 1, 2022) broadly allows any non-TCS homemade food from a private residence… |
| Food storage | Non-TCS homemade foods only; store to prevent contamination. | Products must be non-TCS. | No specific state cottage food storage requirement; non-TCS foods must be stored appropriately. |
| Population | 98,644 | 50,455 | 28,381 |
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