Tennessee Cottage Food Law 2026: Food Freedom Act Rules

Tennessee's Food Freedom Act lets people make homemade food at their private residence and sell it inside Tennessee without a state license, permit or inspection. Shelf-stable foods may be sold online and through stores. Since July 1, 2025, some foods that need refrigeration may also be sold, but only in person. This guide covers what you can sell, where you can sell, labeling and when you need a license instead.

Disclaimer: This page is general information, not legal advice. Laws change, and local business, zoning, HOA and tax rules vary. The Tennessee Department of Agriculture does not give advice on specific products and suggests talking with an attorney. Confirm current requirements before you start selling.

Quick facts

Homemade food items made under the law are exempt from state licensing, permitting, inspection, packaging and labeling laws, except when the Tennessee Department of Health investigates a reported foodborne illness. Tenn. Code Ann. 53-1-118(a)
Sellers must still give buyers the information in 53-1-118(b)(4). Tenn. Code Ann. 53-1-118(b)(4)
There is no sales cap in the law. Tenn. Code Ann. 53-1-118
Shelf-stable homemade foods may be sold in person or remotely, including by phone or online, and through agents or third-party vendors such as retail shops and grocery stores. Tenn. Code Ann. 53-1-118(b)(1)
The law applies only to intrastate sales made in Tennessee. Tenn. Code Ann. 53-1-118(c)(5)
Since July 1, 2025, some time/temperature control for safety, or TCS, foods may be sold, but only in person by the producer or an agent. Tenn. Code Ann. 53-1-118(b)(3); SB 484 (2025)
Cities and counties may not prohibit or regulate the production and sale of homemade food items. Tenn. Code Ann. 53-1-118(d)

What the law calls it

Tennessee uses the term "homemade food item," meaning a food, including a nonalcoholic beverage, produced and, if packaged, packaged at the producer's private residence. The law is the Tennessee Food Freedom Act. TDA says it is also called the Tennessee Cottage Food Law. Tenn. Code Ann. 53-1-102; TDA Tennessee Food Freedom Act
People also search for "home bakery," "cottage food" and "homemade food." These all fall under the Food Freedom Act in Tennessee.

Foods you can sell

Non-time/temperature control for safety foods, meaning shelf-stable foods, such as baked goods, candy, jams and many other homemade foods. Tenn. Code Ann. 53-1-118(b)(1)
Since July 1, 2025, TCS foods, those that need refrigeration for safety, may be sold in person if they do not include unpasteurized milk, alcohol, fish, shellfish or meat. Tenn. Code Ann. 53-1-118(b)(3)(A)
Poultry products are allowed only if the producer meets a federal exemption under 9 CFR 381.10(c) or (d). Tenn. Code Ann. 53-1-118(b)(3)(B)

Foods you cannot sell

TCS homemade foods may not include unpasteurized milk, alcoholic beverages, fish, shellfish products, meat, meat byproducts or meat food products. Tenn. Code Ann. 53-1-118(b)(3)(A)
Poultry that does not meet the federal exemptions in 9 CFR 381.10 is not allowed. Tenn. Code Ann. 53-1-118(b)(3)(B)

Sales limit

The Food Freedom Act sets no limit on sales. Tenn. Code Ann. 53-1-118

Where and how you can sell

Shelf-stable foods: by the producer to the consumer in person or remotely, including by phone or online, or by an agent or a third-party vendor, such as a retail shop or grocery store. Tenn. Code Ann. 53-1-118(b)(1)
Shelf-stable foods may be delivered by the producer, an agent, a third-party vendor or a third-party carrier. Tenn. Code Ann. 53-1-118(b)(2)
TCS foods: in person only, by the producer or by an agent in person, such as at a farm stand on the property where the food was made. Tenn. Code Ann. 53-1-118(b)(3)(C)
Shipping out of state: the law does not apply to sales other than intrastate sales made in Tennessee. Tenn. Code Ann. 53-1-118(c)(5)

Labeling rules

Buyers must receive: the producer's name, home address and phone number; the common or usual name of the food; the ingredients in descending order of predominance; and this statement: "This product was produced at a private residence that is exempt from state licensing and inspection. This product may contain allergens." Tenn. Code Ann. 53-1-118(b)(4)
Where the information goes: on a label on the package; on a label on the bulk container; on a placard at the point of sale if the food is neither packaged nor sold from a bulk container; or on the webpage if the food is sold only online. Tenn. Code Ann. 53-1-118(b)(5)(A)
For phone or custom orders, the seller must tell the buyer the food was made at a private residence exempt from state licensing and inspection and may contain allergens, and must give the other information on request. Tenn. Code Ann. 53-1-118(b)(5)(B)

Zoning, HOAs and local rules

Counties, cities and other local governments may not prohibit or regulate the production and sale of homemade food items. Tenn. Code Ann. 53-1-118(d)
The law does not change the regulation of other goods and services where homemade foods are made or sold, and it does not exempt sellers from tax laws. Tenn. Code Ann. 53-1-118(c)
Tennessee's law does not address HOA covenants or leases. Review yours before starting a home food business.

Inspections and complaints

TDA does not issue permits or licenses or inspect operations under the law. The Department of Health may investigate a reported foodborne illness. TDA Tennessee Food Freedom Act; Tenn. Code Ann. 53-1-118(a)
TDA may take enforcement action against homemade products that fall outside the exemption. TDA Tennessee Food Freedom Act

When you need a license instead

Food made somewhere other than a private residence, such as a rented commercial kitchen, needs a food manufacturing license from TDA. Food that falls outside the law's limits, including meat products and sales to other states, also needs a license or permit. TDA Tennessee Food Freedom Act; Tenn. Code Ann. 53-1-118

Recent changes and effective dates

July 1, 2022: The Tennessee Food Freedom Act takes effect, replacing earlier home food exemptions and allowing third-party and online sales. Tenn. Code Ann. 53-1-118
July 1, 2025: SB 484 (2025) takes effect. It allows certain TCS homemade foods sold in person and sets the poultry conditions. SB 484 (2025) bill page; SB 484 text; TDA Tennessee Food Freedom Act

Frequently asked questions

Do I need a license to sell baked goods from home in Tennessee?

No. Homemade food items made at a private residence under the Food Freedom Act are exempt from state licensing, permitting and inspection. Source: Tenn. Code Ann. 53-1-118(a).

Is there a sales limit for cottage food in Tennessee?

No. The Food Freedom Act does not set a sales limit. Source: Tenn. Code Ann. 53-1-118.

Can I sell homemade food online in Tennessee?

Yes, for shelf-stable foods. They may be sold by phone or online and delivered by the producer, an agent or a third-party carrier to buyers in Tennessee. Source: Tenn. Code Ann. 53-1-118(b)(1)-(2).

Can I ship homemade food to other states from Tennessee?

Not under this law. Its exemption covers only sales within Tennessee, so out-of-state sales fall under federal law and the receiving state's rules. Source: Tenn. Code Ann. 53-1-118(c)(5).

Can I sell homemade food in stores in Tennessee?

Yes, for shelf-stable foods. A third-party vendor, such as a retail shop or grocery store, may sell them to consumers. Source: Tenn. Code Ann. 53-1-118(b)(1)(B).

Can I sell cheesecake or other refrigerated foods in Tennessee?

Since July 1, 2025, yes, if sold in person by you or your agent and the food contains no meat, fish, shellfish, alcohol or unpasteurized milk. Source: Tenn. Code Ann. 53-1-118(b)(3).

Can I sell chicken or other meat dishes?

Meat, fish and shellfish are not allowed. Poultry is allowed only under the federal exemptions in 9 CFR 381.10. Source: Tenn. Code Ann. 53-1-118(b)(3).

What must be on a Tennessee homemade food label?

Your name, home address and phone number, the food's name, the ingredients in order and the required private residence and allergen statement. Source: Tenn. Code Ann. 53-1-118(b)(4).

Can my city or county ban my homemade food business?

No. The law preempts local governments from prohibiting or regulating the production and sale of homemade food items. Source: Tenn. Code Ann. 53-1-118(d).

Will the state inspect my kitchen?

No. TDA does not inspect under the law. The Department of Health may investigate a reported foodborne illness. Sources: TDA Tennessee Food Freedom Act; Tenn. Code Ann. 53-1-118(a).

Official sources

This page is general information, not legal advice. Laws change, and local business, zoning, HOA and tax rules vary. The Tennessee Department of Agriculture does not give advice on specific products and suggests talking with an attorney. Confirm current requirements before you start selling.

Tennessee Cottage Food Laws