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 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.

Table of Contents

Selling Allowed Foods Limitations Labeling Resources Forum

Selling Where can you sell homemade food products?

Allowed Venues

Events Farmers markets Home Online Restaurants Retail stores Roadside stands

Allowed Services

Delivery Home Pickup Mail order Wholesale

Allowed Foods What food products can you sell from home?

Bread

Bagels Breads Brownies Cake pops Cakes Cookies Cupcakes Donuts Macarons Muffins & Biscuits Pizzelles Rolls Scones Sweet breads Tortillas Wedding cakes

Candy

Brittles Buttercream frosting Candies Chocolate Cotton candy Fudge Lollipops Truffles

Condiments

Honey Nut butters Oils Pickles Salsas Sauces Syrups Vinegars

Dry goods

Cereals Coffee beans Dried fruit Dried vegetables Herbs Mixes Pasta noodles Spices & Seasonings Tea leaves

Other

Carbonated drinks Fermented foods Juices

Pastries

Churros Cones Danish Empanadas & Tamales Other Pastries Pies

Preserves

Fruit butters Jams & jellies Low-acid canned foods Marmalades Other Preserves

Snacks

Candied apples Caramel corn Chocolate-covered fruit Chocolate-covered items Crackers & Pretzels Fruit leathers Granola Kettle corn Marshmallows Nuts & seeds Popcorn Vegetable chips

Prohibited Foods

Perishable baked goods Hardboiled whole eggs Meat jerkies Whole eggs Frozen produce

There are probably more prohibited foods, but the ones above have been confirmed

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”).

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

Interstate sales prohibited

There may be more limitations, but the ones above have been confirmed

There is no sales limit

Labeling How do you label cottage food products?

Label Requirements

Business address Business name Ingredients Phone number Product name Statement

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?

Links

Food Freedom Law (HB 813)

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.