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 / SB 693), 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, and acidified or low-acid canned goods) across the state. Perishable items must be sold in person and kept at or below 41°F.
At a glance
Tennessee cottage food, quick facts.
📋
Permit
Not required
💰
Sales cap
None
🌐
Online sales
Allowed for non-perishable foods. Perishable foods must be sold in person.
📦
Shipping in-state
Allowed for non-perishable foods. Perishable foods cannot be shipped.
✈️
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 / SB 693, 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, and inspection, 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 pasteurized dairy products and poultry, both birds raised under the federal 1,000-bird exemption and inspected poultry such as store-bought chicken used in perishable foods.
There is no sales cap. There is no required food safety training. Producers can hire employees, sell from home, ship non-perishable items within Tennessee, sell through retail stores (for non-perishable items), and sell online. Perishable items have their own rules: they must be sold in person by you or your agent, kept at or below 41°F, and cannot be shipped or sold 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 raised under the federal 1,000-bird exemption
- Inspected poultry (such as store-bought chicken) used as an ingredient in perishable foods
Prohibited
- Raw (unpasteurized) milk and raw dairy
- Red meat (beef, pork, lamb) and meat byproducts
- Fish and shellfish
- Alcoholic beverages
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 but must be sold in person by you or your agent, kept at or below 41°F, and cannot be shipped, sold online, or sold through retail stores.
Where you can sell
Sales channels for Tennessee cottage bakers.
🤝
In-person / pickup
Allowed statewide. Home pickup, delivery, farmers markets, festivals, fairs, pop-ups. Perishable items must be sold in person by you or your agent and kept at or below 41°F.
🌐
Online sales
Allowed for non-perishable foods. Take orders by website, social, email, phone, or text. Perishable foods cannot be sold online.
📦
Shipping in-state
Allowed for non-perishable foods by USPS, UPS, FedEx, or any carrier within Tennessee. Perishable foods cannot be shipped.
✈️
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. Keep perishable items at or below 41°F.
🏪
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.
- Perishable items must be sold in person by the producer or the producer's agent, kept at or below 41°F, and cannot be shipped or sold online.
- 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
Common or usual name of the food
e.g. "Sourdough Loaf".
02
Producer name
Your legal or business name.
03
Producer home address
Required by T.C.A. 53-1-118; no registration number exists to substitute.
04
Producer telephone number
A number where customers can reach you.
05
Ingredients in descending order of predominance
Include sub-ingredients of compound ingredients.
06
Required disclosure statement
The exact two-sentence wording below. It is a condition of the exemption, not just a recommendation.
Required disclaimer (copy verbatim)
This product was produced at a private residence that is exempt from state licensing and inspection. This product may contain allergens.
- The disclosure travels with every sale: on the label for packaged items, on a placard for unpackaged items, on the webpage for internet-only sales, and verbally for telephone or custom orders.
- No font size is mandated. Net weight, lot numbers, and a separate allergen list are good practice, not law. The second sentence of the disclosure covers allergens.
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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.
- 01Confirm your product is not on the prohibited listAnything outside the prohibited list is allowed. Watch out for raw dairy, red meat, fish and shellfish, and alcohol. If your product is perishable, plan for in-person sales and cold holding at or below 41°F.Tennessee Food Freedom Act (TDA page) →
- 02Build a label templateThe statute requires your name, home address, phone number, the product name, ingredients in descending order, and the two-sentence disclosure statement. Net weight, a lot number or date, and a separate allergen list are good practice but not required.
- 03Decide where you will sellNon-perishable items can go direct, online, by in-state shipping, through farmers markets, and to retail stores. Perishable items must be sold in person by you or your agent and cannot be shipped or sold online. Out-of-state shipping is not protected by Tennessee law.
- 04Set up your storefrontCakery gives you your own bakery page at cakerybakeries.com/your-bakery, free for your first 30 days. Add menu, prices, lead times, and pickup or delivery zones.Start your free 30-day trial →
- 05Register for a local business license and sales taxTennessee 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 →
- 06Stay current on amendmentsThe 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.
- Perishable items must be sold in person by you or your agent, kept at or below 41°F, and cannot be shipped or sold online.
- 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 pasteurized dairy products and poultry, including birds raised under the federal 1,000-bird exemption and inspected poultry used in perishable foods.
- July 1, 2022HB 813 / SB 693 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 non-perishable items 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. This product may contain allergens. Both sentences must appear on packaged products, and the same information must be disclosed verbally on phone or custom orders.
Can I sell perishable foods like cheesecake in Tennessee?
Yes, with conditions. Perishable items must be sold in person by you or your agent and kept at or below 41°F. They cannot be shipped, sold online, or sold through retail stores or wholesale.
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 (TDA) answers Food Freedom Act questions. Foodborne illness investigations are handled by the Department of Health.
What homemade foods can I sell in Tennessee?
The Food Freedom Act lists only prohibited foods, so anything not on that list is allowed. That includes cookies, cakes, breads and pastries, pies, candies and fudge, jams and jellies, pickles and salsas, dehydrated fruits and jerky, roasted coffee and dry mixes, and even acidified and low-acid canned foods. Pasteurized dairy used as an ingredient, poultry from the federal 1,000-bird exemption, and inspected poultry used in perishable foods are also allowed.
What foods are prohibited under the Tennessee Food Freedom Act?
Tennessee prohibits raw (unpasteurized) milk and raw dairy, red meat such as beef, pork, and lamb along with meat byproducts, fish and shellfish, and alcoholic beverages. Anything not on that prohibited list can be sold, although perishable items carry in-person sale and cold-holding rules.
Can I sell homemade food from my home kitchen in Tennessee?
Yes. The Food Freedom Act covers food prepared in a home kitchen at a private residence, and producers can sell from home. Shared commercial kitchens are not covered by the Act.
Is a home kitchen inspection required in Tennessee?
No. The Food Freedom Act does not require an inspection, except when the Department of Health is investigating a reported foodborne illness.
Can I sell homemade food online in Tennessee?
Yes for non-perishable foods. You can take orders by website, social media, email, phone, or text. Perishable foods cannot be sold online; they must be sold in person. If you sell over the phone or by custom order, you must tell the customer the product is homemade, exempt from state licensing and inspection, and may contain allergens.
Can I ship homemade food within Tennessee?
Yes for non-perishable foods, by USPS, UPS, FedEx, or any carrier. Perishable foods cannot be shipped. Out-of-state shipping falls outside the Act's protection.
Can I sell homemade food at farmers markets in Tennessee?
Yes. Farmers market sales are allowed and no special state permit is required. Keep perishable items at or below 41°F. Some markets may still ask vendors for a food handler certificate as a condition of selling.
Do I need a local business license to sell homemade food in Tennessee?
Possibly. The Food Freedom Act does not preempt local business licensing, so you may still need a local business license, sales tax permit, or zoning approval for a home-based business. Check with your county clerk.
Do I have to collect sales tax on homemade food in Tennessee?
The Food Freedom Act does not preempt state sales tax. You may need to register for a sales and use tax account and collect tax on taxable items. Confirm with the Tennessee Department of Revenue.
What has to be on a Tennessee homemade food label?
The statute requires your name, your home address, your phone number, the product name, ingredients in descending order of predominance, and the two-sentence disclosure statement. Net weight, a lot number or production date, and a separate allergen list are good practice but not required by law.
Can I sell acidified or low-acid canned foods in Tennessee?
Yes. 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.
Can I sell homemade poultry in Tennessee?
Yes, two ways. Poultry raised under the federal 1,000-bird exemption is allowed, and inspected poultry such as store-bought chicken can be used as an ingredient in perishable foods. Both were added by the 2025 amendment (HB 130). Perishable poultry products follow the in-person sale and 41°F rules.
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cakerybakeries.com/your-bakeryLast verified October 11, 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.