Cottage food laws in Montgomery County, TN
Montgomery County is a county in Tennessee (pop. 222,305). 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 Montgomery County health and planning requirements. Local notes for Montgomery County: home kitchen allowed; inspection not required; home occupation permit not required. Tennessee Food Freedom Act (2022) is one of the most permissive frameworks nationally: no registration, no inspection, no labeling, no sales cap for non-TCS foods. Montgomery County (county seat: Clarksville) has large military population (Fort Campbell). No county-specific URLs provided. No county-level overrides found. State law preempts most local restrictions on cottage food. General home occupation zoning may still apply for business registration/licensing purposes. Download the free PDF reports below for a portable summary, and always re-check official sources before you sell.
Montgomery County cottage food reports
Zoning, permits, health department rules, and local sources for Montgomery 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 Montgomery County
State baseline: Tenn. Code §53-1-125 (Food Freedom Act)
- Home kitchen allowed
- Yes
- Restrictions
- Tennessee Food Freedom Act (§53-1-125, effective July 1, 2022) broadly deregulates non-TCS homemade food. No license, permit, inspection, registration, or labeling requirements except for standard DOH foodborne illness investigation authority. No sales cap. Producers may sell any non-TCS food from their private residence.
- Separate dedicated kitchen
- No
- Pet restrictions
- No explicit pet restrictions under Tennessee Food Freedom Act for cottage food operations.
- Water supply
- No water testing requirement under Tennessee Food Freedom Act.
- Handwashing
- No specific statutory handwashing requirement for cottage food under the Food Freedom Act.
- Food storage
- No specific statutory food storage requirement under the Food Freedom Act for non-TCS foods.
- Inspection required
- No
- Inspection trigger
- Tennessee DOH may investigate for foodborne illness complaints. No routine inspections or pre-sale inspections required under Food Freedom Act.
- Home occupation permit
- Conditional
- Permit details
- Tennessee preempts local government restrictions on cottage food under the Food Freedom Act. However, Montgomery County and City of Clarksville may have general home occupation zoning requirements for business operations from residences that may apply to higher-volume or visible operations. Contact Montgomery County Planning or Clarksville Planning Department for current home occupation permit requirements.
- Local business license
- Varies
- On-site customer pickup
- Yes
- On-site signage
- Conditional
- Delivery / pickup
- Tennessee Food Freedom Act imposes no restrictions on sales channels. Home pickup, delivery, farmers markets, online, and event sales all permitted for non-TCS foods. No sales cap.
- Max employees in home
- No employee restrictions in Tennessee Food Freedom Act. Home occupation zoning may apply restrictions on non-resident employees.
- Relevant code section
- Tenn. Code §53-1-125 (Food Freedom Act); Montgomery County/City of Clarksville zoning ordinances (contact for home occupation details)
Tennessee Food Freedom Act (2022) is one of the most permissive frameworks nationally: no registration, no inspection, no labeling, no sales cap for non-TCS foods. Montgomery County (county seat: Clarksville) has large military population (Fort Campbell). No county-specific URLs provided. No county-level overrides found. State law preempts most local restrictions on cottage food. General home occupation zoning may still apply for business registration/licensing purposes.
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 →
Montgomery County cottage food — FAQ
Do I need a permit to sell cottage food in Montgomery County, Tennessee?
Home occupation permit: Conditional. Tennessee preempts local government restrictions on cottage food under the Food Freedom Act. However, Montgomery County and City of Clarksville may have general home occupation zoning requirements for business operations from residences that may apply to higher-volume or visible operations. Contact Montgomery County Planning or Clarksville Planning Department for current home occupation permit requirements. 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 Montgomery County?
Inspection: No. Trigger: Tennessee DOH may investigate for foodborne illness complaints. No routine inspections or pre-sale inspections required under Food Freedom Act.. 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 Montgomery 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 Montgomery County?
Home occupation permit: Conditional. Tennessee preempts local government restrictions on cottage food under the Food Freedom Act. However, Montgomery County and City of Clarksville may have general home occupation zoning requirements for business operations from residences that may apply to higher-volume or visible operations. Contact Montgomery County Planning or Clarksville Planning Department for current home occupation permit requirements.
Where to verify Montgomery County rules
Montgomery County vs. bordering counties
| Regulation | Montgomery County This county | Robertson County | Dickson County |
|---|---|---|---|
| Home kitchen allowed | Yes | Yes | Yes |
| Separate dedicated kitchen | No | No | No |
| Pets allowed | No explicit pet restrictions under Tennessee Food Freedom Act for cottage food operations. | Not specified in state law. | No specific TN state or Dickson County rule. |
| Inspection required | No | Upon-complaint | No |
| On-site customer pickup | Yes | Yes | Yes |
| On-site signage | Conditional | Conditional | Conditional |
| Delivery / pickup | Tennessee Food Freedom Act imposes no restrictions on sales channels. Home pickup, delivery, farmers markets, online, and event sales all p… | Sales at farmers markets, grocery stores, roadside stands, events, online with in-state shipping. TCS foods in-person direct sales only. Sa… | No channel restrictions; direct, online, retail, delivery all permitted. |
| Home occupation permit | Conditional | Varies | Varies |
| Local business license | Varies | Varies | Varies |
| Restrictions | Tennessee Food Freedom Act (§53-1-125, effective July 1, 2022) broadly deregulates non-TCS homemade food. No license, permit, inspection, r… | Must be produced at a private residence. Non-TCS foods allowed without license or permit. 2025 amendment allows most TCS foods but must be … | All non-TCS homemade foods from producer's private residence. No license, permit, inspection, or sales cap. |
| Food storage | No specific statutory food storage requirement under the Food Freedom Act for non-TCS foods. | TCS foods require appropriate temperature controls. | Products must be non-TCS. |
| Population | 222,305 | 73,297 | 54,563 |
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