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Tennessee · Cottage food

Tennessee Cottage Food Law (2026): The Food Freedom Act Explained

Last reviewed: October 2026. Cottage food laws change. This page summarizes the state's own published rules as of the review date. It is not legal advice. Confirm with § 53-1-118 (Justia) before you sell.

Homemade jams and baked goods for a Tennessee cottage food label

Tennessee rewrote its home food law in 2025. The Food Freedom Act amended Tenn. Code § 53-1-118 (2025 Tenn. Pub. Acts ch. 431). If you meet its conditions, your home-produced food is exempt from all state licensing, permitting, inspection, packaging, and labeling laws. Instead, you must give buyers one specific set of information.

Who is covered

A "qualifying producer" making food or drink at their private residence and selling it directly to an informed consumer in Tennessee. The act sorts foods by risk.

Non-TCS foods: the widest freedom

Shelf-stable foods, such as baked goods without perishable fillings, candy, jams, dried mixes, and roasted coffee, can be:

  • Sold by you in person, by phone, or online, or through an agent or a third-party vendor, including a retail store or grocery
  • Delivered by you, your agent, the third-party vendor, or a third-party carrier

TCS foods: allowed, but in person only

Tennessee also allows many foods that need refrigeration, with limits.

Not allowed under the act: - Unpasteurized milk - Alcoholic beverages - Fish and shellfish - Meat

Poultry is allowed only under the federal poultry exemptions.

TCS foods must be sold in person by you or your agent, for example at a farm stand or farmers' market. No shipping.

Where it doesn't apply

The exemption is intrastate. Sales must happen in Tennessee. Under the act, local governments can't require licenses, permits, or inspections for these producers. General business and zoning rules still apply.

What you must tell buyers

The act requires this information for every sale:

1. Your name, home address, and phone number 2. The product's common name 3. The ingredients 4. This statement: "This product was produced at a private residence that is exempt from state licensing and inspection. This product may contain allergens."

Where it goes depends on how you sell:

  • Packaged goods: on a label
  • Bulk goods: on the bulk container label
  • Unpackaged items at a booth: on a placard
  • Online-only sales: on the webpage
  • Phone and custom orders: tell the buyer verbally, and provide the written information on request

Is there a sales cap?

We didn't find a dollar or volume cap in § 53-1-118 as amended. One widely shared chart lists "100 units per week" for some products. We couldn't find that limit in the statute, so treat it as unconfirmed.

Practical label tips

The exemption is generous, so most people over-label in a good way. Add a net weight and a "Contains" allergen line. Retailers acting as third-party vendors will likely expect both, and so will federal allergen rules.

Nutrition Facts

The act exempts you from state labeling laws, but not from federal rules. Once you make a nutrient or health claim, such as "keto", "sugar-free", or "high protein", federal nutrition labeling comes back into play. If your treats are sold in single-serve sleeves, the linear format saves space.

Official source

Tennessee Code § 53-1-118 (Justia). Questions: Tennessee Department of Agriculture, Food and Dairy Division.

Label formats for Tennessee

Tennessee home food questions

What is Tennessee's Food Freedom Act?

A 2025 amendment to Tenn. Code § 53-1-118. It exempts qualifying home producers from state licensing, permitting, inspection, packaging, and labeling laws when they sell directly to informed Tennessee consumers.

Can I sell cookies to a grocery store in Tennessee?

Yes, if they're non-TCS foods. Third-party vendors, including retail stores, can sell them.

Can I ship TCS foods in Tennessee?

No. TCS foods must be sold in person by you or your agent.

What statement must Tennessee home food carry?

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

Sources

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