Cottage food laws/Tennessee
Very permissive

Tennessee cottage food laws

One of the most permissive food freedom laws in the country.

Tennessee scrapped its old cottage food law in 2022 and replaced it with the Food Freedom Act (HB 813), then expanded it again in 2025 (HB 130). There is no sales cap, no permit, no inspection, and no required food handler card. Producers can sell most foods (including many perishable items, poultry from the 1,000-bird exemption, and acidified or low-acid canned goods) directly to consumers across the state.

Last verified May 2, 2026•Tennessee Food Freedom Act (T.C.A. § 53-1-118)
At a glance

Tennessee cottage food, quick facts.

📋
Permit
Not required
💰
Sales cap
None
🌐
Online sales
Allowed
📦
Shipping in-state
Allowed
✈️
Shipping out-of-state
Not protected by state law (federal interstate commerce rules apply)
🎓
Training
Not required by state law
🏠
Inspection
Not required (except during a foodborne illness investigation)
How it works

How the Tennessee cottage food law actually works.

Tennessee is a food freedom state. The Tennessee Food Freedom Act (HB 813, 2022, codified at T.C.A. § 53-1-118 and amended by HB 130 in 2025) replaced the older cottage food rules with a regime that exempts homemade food producers from state licensing, permitting, inspection, packaging, and labeling laws, except when the Department of Health is investigating a reported foodborne illness.

Unlike most cottage food laws that list which foods are allowed, the Food Freedom Act lists only what is prohibited. Anything outside that prohibited list is fair game. The 2025 amendment broadened things further by adding poultry produced under the federal 1,000-bird exemption and pasteurized dairy products.

There is no sales cap. There is no required food safety training. Producers can hire employees, sell from home, ship within Tennessee, sell through retail stores (for non-perishable items), and sell online. Restaurants are the one major channel where Food Freedom products may not be served as menu items.

Out-of-state shipping is not protected by the Tennessee Food Freedom Act. Once a package crosses state lines it becomes interstate commerce and falls under FDA rules, which require an inspected commercial kitchen. Stay in-state and the law gives you a wide runway.

What you can sell

Allowed and prohibited foods.

✓Allowed
  • Cookies, brownies, bars, biscotti
  • Cakes, cupcakes, muffins, breads, rolls, pastries
  • Pies (fruit, cream, custard, meringue, sweet potato, pecan)
  • Candies, chocolates, fudge, caramels, toffee
  • Jams, jellies, preserves, fruit butters
  • Acidified and low-acid canned foods (Tennessee is one of only a few states allowing this)
  • Pickles, salsas, sauces, hot sauces
  • Dehydrated fruits, vegetables, jerky, granola, snack mixes
  • Roasted coffee, dry mixes, dry herbs and spices
  • Pasteurized dairy used as an ingredient in baked goods or candies
  • Poultry products from a producer operating under the federal 1,000-bird exemption
✕Prohibited
  • Raw (unpasteurized) milk and raw dairy
  • Red meat (beef, pork, lamb) and meat byproducts
  • Fish and shellfish
  • Alcoholic beverages
  • Cannabis-infused products

The Food Freedom Act flips the usual cottage food framework. It lists only what you cannot sell. If your product is not on the prohibited list, you can sell it. Perishable items are allowed in many cases, with extra restrictions on retail and restaurant sales.

Where you can sell

Sales channels for Tennessee cottage bakers.

🤝
In-person / pickup
Allowed statewide. Home pickup, delivery, farmers markets, festivals, fairs, pop-ups.
🌐
Online sales
Allowed. Take orders by website, social, email, phone, or text.
📦
Shipping in-state
Allowed by USPS, UPS, FedEx, or any carrier within Tennessee.
✈️
Shipping out-of-state
Not protected by state law. If you ship out of state, federal interstate commerce rules apply and you typically need an inspected commercial kitchen.
🥕
Farmers markets
Allowed. No special state permit required.
🏪
Retail stores
Allowed for non-perishable products. Perishable items cannot be sold via retail stores or wholesale.
🍽️
Restaurants
Restaurants cannot use Food Freedom products as ingredients in menu items. Direct retail sale of a packaged product to a diner is a different question and falls under retail rules.
  • Local governments cannot prohibit homemade food sales or layer extra licensing on top of the Food Freedom Act.
  • If you sell over the phone or by custom order, you must inform the customer that the product is homemade, exempt from state licensing and inspection, and may contain allergens.
Labels

Label every product, exactly like this.

01
Name of the food product
02
Producer name and street address
03
Net weight or volume
In both Imperial (oz/lb) and metric (g) units.
04
Ingredients in descending order of prominence by weight
05
Lot number or production date
Used to trace product in the event of a market withdrawal.
06
Allergen statement
Recommended by the Department of Agriculture. Identify the major allergens present.
07
Required disclaimer
Verbatim text below.
Required disclaimer (copy verbatim)
This product was produced at a private residence that is exempt from state licensing and inspection.
  • For phone or custom orders where the customer does not see a label first, you must verbally disclose the same information: that the product is homemade, exempt from state inspection, and may contain allergens.
  • Although the Food Freedom Act technically exempts producers from state labeling laws, the Department of Agriculture publishes the labeling elements above as the recommended industry standard. Use them.
Sales cap

How much can you earn under Tennessee cottage law?

Tennessee imposes no annual sales cap on Food Freedom producers. You can scale a Tennessee homemade food business as far as you can grow it without losing the exemption, and you may hire full-time employees.

Training

Food safety training in Tennessee

No food safety training is required by the Food Freedom Act. Many bakers still complete a low-cost ServSafe Food Handler course (around $7 to $15) for personal credibility and as a market or event vendor requirement.

Registration

Registration, permits, and inspections in Tennessee

There is no state registration. Local governments are preempted from imposing additional permits, inspections, or registration on Food Freedom producers, although you may still need a local business license, sales tax permit, or zoning approval for a home-based business.

Step-by-step

How to start a cottage bakery in Tennessee.

  1. 01
    Confirm your product is not on the prohibited list
    Anything outside the prohibited list is allowed. Watch out for raw dairy, red meat, fish and shellfish, alcohol, and cannabis-infused products.
    Tennessee Food Freedom Act (TDA page) →
  2. 02
    Build a label template
    Include product name, producer name and address, net weight in both ounces and grams, ingredients by weight, a lot number or production date, an allergen statement, and the required disclaimer.
  3. 03
    Decide where you will sell
    Direct sales, online, in-state shipping, farmers markets, and retail stores are all allowed. Out-of-state shipping is not protected by Tennessee law.
  4. 04
    Set up your storefront
    Cakery gives you a free bakery page at cakerybakeries.com/your-bakery. Add menu, prices, lead times, and pickup or delivery zones.
    Create a free Cakery page →
  5. 05
    Register for a local business license and sales tax
    Tennessee Food Freedom does not preempt local business licensing or state sales tax. Confirm with your county clerk and the Tennessee Department of Revenue.
    Tennessee Department of Revenue: Sales and Use Tax →
  6. 06
    Stay current on amendments
    The law was amended in 2025 (HB 130). The Department of Agriculture publishes updates to the prohibited list and the recommended labeling format on the Food Freedom Act page.
Worth knowing

A few things Tennessee bakers should know.

  • The Food Freedom Act covers food prepared in a home kitchen at a private residence. Shared commercial kitchens are not covered.
  • Out-of-state shipping is not protected. If your customer base extends beyond Tennessee, plan to use a licensed commercial kitchen for those orders.
  • Restaurants cannot use Food Freedom products as ingredients in menu items. They can resell properly labeled, packaged products as retail.
  • Acidified and low-acid canned foods are allowed in Tennessee, which is unusual nationally. Follow safe canning practices and check the TDA guidance before producing them at scale.
  • Local governments are preempted from blocking homemade food sales, but they can still require a basic business license, zoning approval, or HOA compliance.
Resources

Bookmark these for Tennessee baking.

Official agency resources

Tennessee Department of Agriculture: Food Freedom Act
Official TDA hub for Food Freedom Act guidance, prohibited foods list, and recommended labeling.
→
TDA Food Safety home
Broader food safety information including domestic kitchen and food manufacturer programs.
→
Tennessee Department of Health: Food Safety Program
Where foodborne illness investigations originate. Bookmark for emergency contact information.
→
Tennessee Department of Revenue: Sales and Use Tax
Register for a sales and use tax account so you can collect and remit tax on taxable items.
→

Statute and rules text

T.C.A. § 53-1-118 (Tennessee Food Freedom Act, current text)
→
Tennessee Food Freedom Act program page (Department of Agriculture)
→

Helpful resources for bakers

Forrager: Tennessee guide
Plain-English summary of the Food Freedom Act with regular updates.
→
Institute for Justice: Selling Homemade Food in Tennessee
Advocacy organization breakdown of Tennessee homemade food rules.
→
UT Extension: Food Freedom Act explainer
University of Tennessee food science presentation on the Act and label expectations.
→
Tennessee Cottage Food Producers (Facebook group)
Active community of Tennessee homemade food sellers swapping vendor and label tips.
→
Cakery Pricing Guide for Cottage Bakers
How Cakery handles your storefront, orders, and customer leads.
→
Recent changes

Recent and upcoming changes in Tennessee.

  • July 1, 2025HB 130 amended the Food Freedom Act to add poultry produced under the federal 1,000-bird exemption and pasteurized dairy products to the allowed list.
  • July 1, 2022HB 813 took effect, replacing Tennessee's old cottage food rules with the Food Freedom Act. No sales cap, no permit, no inspection, no required training.
FAQ

Tennessee cottage food FAQ.

Do Tennessee home bakers need a permit or license?
No. The Food Freedom Act exempts homemade food producers from state licensing, permitting, and inspection. Local governments cannot impose extra food permits either, although a basic business license or sales tax registration may still apply.
Is there a sales cap?
No. Tennessee has no sales cap on Food Freedom producers. You can scale as far as you can grow, and you may hire employees.
Can I ship Tennessee homemade food across state lines?
The Food Freedom Act only protects in-state sales. Out-of-state shipping triggers federal interstate commerce rules, which require an inspected commercial kitchen. You can ship anywhere in Tennessee.
What is the required label disclaimer?
This product was produced at a private residence that is exempt from state licensing and inspection. It must appear on packaged products, and the same information must be disclosed verbally on phone or custom orders.
Can I sell to grocery stores or coffee shops?
Yes for non-perishable products. Perishable products under the Food Freedom Act cannot be sold through retail or wholesale. Restaurants cannot use Food Freedom products as ingredients in menu items.
Do I need a food handler certification?
Not under state law. Some farmers markets or events still require it as a vendor condition, so bring a current ServSafe or equivalent certificate if you plan to sell at large markets.
Can I sell raw milk or raw dairy?
No. Raw (unpasteurized) milk and raw dairy products are on the prohibited list. Pasteurized dairy used as an ingredient in baked goods or candies is allowed under the 2025 amendment.
Where do I report a problem or ask the regulator a question?
The Tennessee Department of Agriculture Food and Dairy Section answers Food Freedom Act questions. Foodborne illness investigations are handled by the Department of Health.
Run your Tennessee bakery on Cakery

You bake. We handle the tech.

Get your own bakery link, take custom orders without the DM chaos, and get found by customers in Tennessee searching for local bakers.

Create your free bakery pageSee pricing
Your link will look like cakerybakeries.com/your-bakery
Last verified May 2, 2026. This page is a plain-English summary of Tennessee cottage food laws and is not legal advice. Cottage food rules change, and local health departments often add their own requirements. Always confirm the current rules with the Tennessee agency listed in the official resources above before you sell, ship, or label a product.