Cottage food laws in Shelby County, TN
Shelby County is a top-100 county by population in Tennessee (pop. 926,440). 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 Shelby County health and planning requirements. Local notes for Shelby County: home kitchen allowed; inspection not required; home occupation permit not required. Tennessee's 2022 Food Freedom Act broadly deregulated non-TCS homemade food production — no license, permit, inspection, labeling, or sales venue restrictions at the state level. Shelby County (Memphis) follows state baseline. No Shelby County-specific cottage food ordinance found restricting or modifying state law. The Memphis/Shelby County consolidated government structure means both city and county zoning may apply depending on location. Home occupation permits for the business aspect (separate from food safety regulation) likely required under local zoning — this varies by jurisdiction within the county. Download the free PDF reports below for a portable summary, and always re-check official sources before you sell.
Shelby County cottage food reports
Zoning, permits, health department rules, and local sources for Shelby 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 Shelby County
State baseline: Tenn. Code §53-1-125 (Food Freedom Act, eff. July 1, 2022)
- Home kitchen allowed
- Yes
- Restrictions
- State baseline applies: any non-TCS homemade food produced at producer's private residence. No license, permit, inspection, or labeling requirements under state law. Memphis/Shelby County may have local health department guidance.
- Separate dedicated kitchen
- No
- Pet restrictions
- Not specified in state Food Freedom Act
- Water supply
- State baseline: potable water implied; no specific state requirement
- Handwashing
- No specific state requirement under Food Freedom Act
- Food storage
- No specific state requirements under Food Freedom Act
- Inspection required
- Upon-complaint
- Inspection trigger
- State DOH may investigate suspected foodborne illness or immediate public health threat. No routine inspections.
- Home occupation permit
- Conditional
- Permit details
- Memphis and Shelby County have separate governments (consolidated to some extent). Check with the Shelby County Land Use Control Board and City of Memphis Division of Planning and Development for home occupation permit requirements. State law does not preempt local zoning for home-based businesses generally.
- Local business license
- Varies
- On-site customer pickup
- Yes
- On-site signage
- Conditional
- Delivery / pickup
- Tennessee Food Freedom Act: no restrictions on sales venues or methods for non-TCS foods. Direct-to-consumer at home, farmers markets, events, online, delivery all permitted. No wholesale or retail restrictions stated (2022 law broadly deregulated).
- Max employees in home
- unknown
- Relevant code section
- Tenn. Code §53-1-125; Shelby County/Memphis zoning code for home occupations
Tennessee's 2022 Food Freedom Act broadly deregulated non-TCS homemade food production — no license, permit, inspection, labeling, or sales venue restrictions at the state level. Shelby County (Memphis) follows state baseline. No Shelby County-specific cottage food ordinance found restricting or modifying state law. The Memphis/Shelby County consolidated government structure means both city and county zoning may apply depending on location. Home occupation permits for the business aspect (separate from food safety regulation) likely required under local zoning — this varies by jurisdiction within the county.
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 →
Shelby County cottage food — FAQ
Do I need a permit to sell cottage food in Shelby County, Tennessee?
Home occupation permit: Conditional. Memphis and Shelby County have separate governments (consolidated to some extent). Check with the Shelby County Land Use Control Board and City of Memphis Division of Planning and Development for home occupation permit requirements. State law does not preempt local zoning for home-based businesses generally. 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 Shelby County?
Inspection: Upon-complaint. Trigger: State DOH may investigate suspected foodborne illness or immediate public health threat. No routine inspections.. 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 Shelby 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 Shelby County?
Home occupation permit: Conditional. Memphis and Shelby County have separate governments (consolidated to some extent). Check with the Shelby County Land Use Control Board and City of Memphis Division of Planning and Development for home occupation permit requirements. State law does not preempt local zoning for home-based businesses generally.
Where to verify Shelby County rules
Shelby County vs. bordering counties
| Regulation | Shelby County This county | Tipton County | Fayette County |
|---|---|---|---|
| Home kitchen allowed | Yes | Yes | Yes |
| Separate dedicated kitchen | No | No | No |
| Pets allowed | Not specified in state Food Freedom Act | No specific pet restriction in state law. | No specific pet restriction in state law; standard food safety hygiene practices apply. |
| Inspection required | Upon-complaint | No | No |
| On-site customer pickup | Yes | Yes | Yes |
| On-site signage | Conditional | Conditional | Conditional |
| Delivery / pickup | Tennessee Food Freedom Act: no restrictions on sales venues or methods for non-TCS foods. Direct-to-consumer at home, farmers markets, even… | Broad — direct and indirect sales permitted under TN Food Freedom Act. Online, in-person, delivery, farmers markets, retail stores all allo… | Broad — direct and indirect sales permitted. Online, in-person, delivery, farmers markets, retail stores all allowed under Tennessee Food F… |
| Home occupation permit | Conditional | Varies | Varies |
| Local business license | Varies | Varies | Varies |
| Restrictions | State baseline applies: any non-TCS homemade food produced at producer's private residence. No license, permit, inspection, or labeling req… | Tennessee Food Freedom Act (effective July 1, 2022) broadly allows any non-TCS homemade food from a private residence. No license, permit, … | 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 | No specific state requirements under Food Freedom Act | Non-TCS foods must be stored appropriately. | No specific state cottage food storage requirement; non-TCS foods must be stored appropriately. |
| Population | 926,440 | 61,116 | 42,228 |
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