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Tennessee Can you legally sell food from home in Tennessee?

Cottage Food Law

In 2022, Tennessee passed a food freedom law (HB 813) which entirely replaced their old law.

The food freedom law removes almost all restrictions from the sale of nonperishable homemade foods.

These food items can be sold anywhere in the state, including in-state shipping and indirect sales through retail stores.

There is no sales limit, license, or inspection needed, and the law prohibits local governments from adding these things and/or prohibiting homemade food sales.

Although almost all types of nonperishable foods are allowed, this law doesn’t allow producers to sell acidified foods (e.g. pickles, salsas, sauces).

Selling Where can you sell homemade food products?

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Allowed Foods What food products can you sell from home?

Except for acidified canned goods (pickles, salsas, sauces, etc), all nonperishable foods are allowed.

You can sell up to 150 gallons per year of honey from home (see TCA 53-1-102 “Selling”).

Only "non-potentially hazardous" foods are allowed, but certain non-PHFs may not be allowed. Most foods that don't need to be refrigerated (foods without meat, cheese, etc.) are considered non-potentially hazardous. Learn more

Limitations How will your home food business be restricted?

Limitations
There is no sales limit

Labeling How do you label cottage food products?

Sample Label

Chocolate Chip Cookies

"This product was produced at a private residence that is exempt from state licensing and inspection. This product may contain allergens."


Forrager Cookie Company

123 Chewy Way, Cookietown, TN 73531


Phone: (123) 456-7890


Ingredients: enriched flour (wheat flour, malted barley flour, niacin, iron, thiamin mononitrate, riboflavin, folic acid), butter (cream, salt), semi-sweet chocolate (sugar, chocolate, cocoa butter, milkfat, soy lecithin, natural flavors), brown sugar, granulated sugar, eggs, vanilla extract (vanilla bean extract, alcohol, sugar), baking soda, salt (salt, calcium silicate)


If you sell items from a bulk container, you must put the label on the container.

If your products are neither packaged nor sold from a bulk container, you must put the label on a placard at the point of sale.

If you sell online, you must put the labeling information where your products are being sold online.

If you sell over the phone or through a custom order, you must inform the customer that the product is homemade and is exempt from state licensing and inspection, and that it may contain allergens. You must provide any other labeling information to the customer upon request.

Resources Where can you find more information about this law?

Department
Agriculture
Law Dates
January 2007
TN Rules & Regulations 0080-04-11-.04
May 2012
SB 3547
April 2017
SB 1187
July 2022
HB 813

Prior to 2017, Tennessee had two laws: one for “home-based kitchens”, which allowed direct sales of certain nonperishable foods, and the other for “domestic kitchens”, which allowed indirect sales, but required an extensive application process.

In 2022, Tennessee entirely replaced their law with an updated food freedom law.

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Comments

Can someone tell me if freeze dried foods are allowed to be sold at Farmers Markets and events? Fruits, veggies, Baked items and freeze dried candy.

I would like to start a coffee and tea subscription box/service. All of the products in the box would be white/private label so I would not be preparing any foods in my home, just assembling the boxes to be shipped. I have yet to find any information on business requirements for this kind of operation. All orders would be placed/sold online. Can you provide any insight or point me in the right direction? Thank you.

    It looks like that would not be allowed… anything with meat or cheese or cooked pasta would not be allowed according to this list. But I would contact Nancy Austin (listed above) to be sure of the answer.

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