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Tennessee Cottage Food Laws (2026): The Food Freedom Act

Tennessee cottage food laws: the Food Freedom Act, no license, stores and online for shelf-stable food, refrigerated food in person since 2025, and the label.

By Koa Sterling. Product specialist at TaroStack and small business owner. Yes, I am a real human, and I actually sit in front of a computer and write these articles. Reviewed October 16, 2026 · 6 min read

Tennessee's cottage food law is the Tennessee Food Freedom Act, section 53-1-118, in effect since July 1, 2022. Homemade food made at your residence is exempt from the state's licensing, permits, inspections, packaging and labeling laws; the Department of Agriculture issues no permit and doesn't inspect. Shelf-stable food can be sold in person, by phone or online, delivered by mail or carrier, and sold through grocery stores and shops. Since July 1, 2025, food that needs refrigeration is allowed too, sold only in person, with no meat, fish or raw milk. There's no sales limit, and all sales stay within Tennessee. In place of the usual label rules, the buyer gets your name, address and phone, the product's name and ingredients, and a two-sentence statement. In the example below, a Maury County baker sorts six products. Below are the rules, the label, refrigerated food, the example, and a free checklist.

The short version

  • No license, permit or inspection; the Department of Health steps in only to investigate a foodborne illness.
  • Shelf-stable food: sell in person, by phone or online, through an agent or a store; deliver yourself, by carrier, or through the store.
  • Food needing refrigeration: since 2025, sold only in person, by you or an agent such as a farm stand where it's made.
  • No meat, fish, shellfish, raw milk or alcohol in refrigerated homemade food; poultry only under federal exemptions.
  • Sales within Tennessee only; no sales limit.
  • Cities and counties can't ban or regulate homemade food.
  • Disclose: name, home address, phone, product name, ingredients, and "This product was produced at a private residence that is exempt from state licensing and inspection. This product may contain allergens."
  • TaroStack keeps each batch's lot and which stores it went to. More below.

The rules

Rule What section 53-1-118 says
What it covers Food, including non-alcoholic drinks, produced and packaged at the producer's private residence
Exemption From all state licensing, permitting, inspecting, packaging and labeling laws, except a Department of Health illness investigation
Shelf-stable food: selling By the producer, in person or remotely, by phone or internet; or by an agent or a third-party vendor such as a retail shop or grocery store
Shelf-stable food: delivery By the producer, an agent, a third-party vendor or a third-party carrier
Refrigerated food No raw milk, alcohol, fish, shellfish or meat; poultry only under 9 CFR 381.10(c) or (d); sold in person by the producer or an agent, such as a farm stand on the property
Where Intrastate sales within Tennessee only
Local rules Counties and cities can't prohibit or regulate homemade food
Taxes Still apply

The Act is Public Chapter 862 (2022), and the refrigerated food rules came in Public Chapter 431 (2025). The Department of Agriculture's Food Freedom Act page says it issues no permits or licenses and conducts no inspections under the Act, and can take action on homemade food sold outside it. This is general information, not legal advice.

The label

Line What it says
Producer Your name, home address and telephone number
Product The common or usual name
Ingredients In descending order of predominance
Statement "This product was produced at a private residence that is exempt from state licensing and inspection. This product may contain allergens."

The information goes on a label on the package, on the container for food sold from bulk, on a placard where unpackaged food is sold, or on the webpage for food sold only online. For phone and custom orders, tell the buyer the food is made at an exempt private residence and may contain allergens, and have the rest ready if they ask. The Act doesn't require a net weight or a Contains line, but naming the allergens the food has is a kindness the statement alone doesn't do; how to work them out is in allergen matrix template.

Refrigerated food since 2025

Public Chapter 431 opened homemade food that needs time or temperature control for safety: banana pudding, cream pies, cheesecake, and the like. Three limits come with it. No meat, fish, shellfish, raw milk or alcohol. Poultry only under the federal exemptions, from a small producer's own birds or from inspected and passed poultry. And it's sold in person, by you or your agent, for example at a farm stand on the property where it's made; not online, and not through a store. Which foods count as needing refrigeration is in TCS foods list.

An example: a Maury County baker

Duck River Bakery, a made-up home baker in Columbia, Tennessee, I use in these examples, sells at a farmers market, ships bread around the state, and stocks a grocery in town:

Product Allowed? How
Sourdough bread Yes Shelf-stable: online, shipped in Tennessee, or through the grocery
Chow-chow Yes Shelf-stable, if the recipe makes it so
Banana pudding Yes, in person Needs refrigeration: sold only face to face
Chicken salad Ask first Poultry only under the federal exemptions
Country ham biscuits No Meat isn't allowed
Catfish dip No Fish isn't allowed

The banana pudding sells from a cooler at the market and never goes to the grocery; the bread does both. With the grocery, the market and shipped loaves, Duck River sold $35,400 by September, and Tennessee sets no limit. How a home food business starts is in how to start a cottage food business.

Get the checklist

Download the Tennessee homemade food checklist. Three sheets: the disclosure, each line with a column for yours; products, each with whether it's allowed and how; and sales by month, with no cap set. It's an ordinary Excel file with no macros, and it works in Google Sheets, LibreOffice and Numbers.

Where this stops working

No inspection means no inspector asking questions, until a customer gets sick and the Department of Health does. Then the questions are which batch, made when, and who else bought it, across a grocery, a market and shipped boxes.

How TaroStack does it

TaroStack keeps each batch's lot and which stores it went to.

Each batch dated. A batch of sourdough gets a lot with its production and best-before dates, and lot labels print with it.

Stores as customers. The grocery is a customer with its own orders, and each order records the lots it got, so one recall report shows every store and customer a batch reached.

Market sales too. TaroStack connects to Square for market sales, so the grocery, the market and online sit together.

The job Notebook In TaroStack
A batch's date Written on the bag The batch's lot and dates
Who got a batch Not recorded One recall report
The grocery's invoices Written by hand From its orders

Lots, batches, orders and lot labels are on every plan, from $49 a month. The first 30 days are free, with no credit card. If you'd like a hand setting up, ask, and we'll do it with you.

Questions people also ask

Do I need a license to sell homemade food in Tennessee?

No. Under the Tennessee Food Freedom Act, homemade food is exempt from state licensing, permits and inspection.

Can I sell homemade food to stores in Tennessee?

Yes, for food that doesn't need refrigeration. Food that needs refrigeration is sold only in person.

What is the Tennessee cottage food label statement?

"This product was produced at a private residence that is exempt from state licensing and inspection. This product may contain allergens." with your name, home address, phone, the product name and ingredients.

Can I ship homemade food in Tennessee?

Shelf-stable food, yes, within Tennessee, by a carrier. Food that needs refrigeration is sold only in person.

Sources

  1. Tennessee Public Chapter 862 (2022): the Tennessee Food Freedom Act, T.C.A. 53-1-118 · read October 16, 2026
  2. Tennessee Public Chapter 431 (2025): time/temperature control for safety homemade food items · read October 16, 2026
  3. Tennessee Department of Agriculture: Tennessee Food Freedom Act · read October 16, 2026

We use AI to help with the research for these articles. Every one is read, checked against its sources and edited by Koa before it's published. Spot a mistake? Tell us and we'll fix it and say so. How we write these.

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