In 2022, Tennessee passed a food freedom law (HB 813) which entirely replaced their old law.
The food freedom law changed non-potentially hazardous to non- time/temperature control for safety (TCS) food. Non-TCS products do not contain meat, poultry, fish, or whole eggs and do not require refrigeration for safety.
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.
If it requires refrigeration, it’s TCS and not allowed under Food Freedom Law.
You can sell up to 150 gallons per year of honey from home (see TCA 53-1-102 “Selling”).
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.
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.