Cottage Food Laws in Tennessee
Last verified against official sources on by Amrit. How we verify
Yes. Under the Tennessee Food Freedom Act you can make food in your home kitchen and sell it to customers in Tennessee with no state license, permit or inspection. You must give buyers your name, home address and phone number, the name of the food, its ingredients and a required statement, on a label, a sign or your web page. For foods that do not need to be kept hot or cold, you can sell in person, by phone or online, and stores can resell your food. Since July 1, 2025 the law also covers some foods that need to be kept hot or cold.[1][2]
At a glance
| Permit needed | No. No state license, permit or inspection, and cities and counties cannot ban or regulate homemade food sales.[1][2] |
|---|---|
| Fee | None. There is nothing to apply for.[2] |
| Where the food is made | At your own home, and packaged there if you package it[1] |
| Required statement | "This product was produced at a private residence that is exempt from state licensing and inspection. This product may contain allergens."[1] |
| Where you can sell | For foods that do not need to be kept hot or cold: directly to customers in person, by phone or online, or through an agent or a store that resells your food[1] |
| Online and shipping | Online sales and delivery by a carrier are allowed for sales within Tennessee. The law does not cover sales to other states.[1] |
| Agency | Tennessee Department of Agriculture (TDA). It does not license or inspect home food businesses.[2] |
Step by step
Do these in order. Each step links to the official form or page.
Check that your food is covered
The law covers food and non-alcoholic drinks you make at your own home, by cooking, baking, drying, mixing, fermenting, preserving or similar. Foods that do not need to be kept hot or cold are covered. Since July 1, 2025 some foods that do need temperature control are covered too, but the law sets conditions for them; read the current law (T.C.A. § 53-1-118) before selling those.[1][2]
Prepare the buyer information
Every buyer must get four things: your name, home address and phone number; the common name of the food; the ingredients, listed from the largest amount to the smallest; and the required statement: "This product was produced at a private residence that is exempt from state licensing and inspection. This product may contain allergens."[1]
Put the information where buyers will see it
Put it on a label on the package, on a label on a bulk container, on a sign at the point of sale if the food is unpackaged, or on the web page if you only sell online. For phone or custom orders, tell the buyer the food was made in a private home that is exempt from state licensing and inspection and may contain allergens, and keep your name, address, phone number, the food's name and its ingredients ready to give them if they ask.[1]
Sell and deliver inside Tennessee
For foods that do not need to be kept hot or cold, sell in person, by phone or online, or through an agent or a store. You, an agent, the store or a delivery carrier can get the food to the customer. Sales must stay inside Tennessee. The law does not exempt you from taxes, so check sales tax and any business tax that applies to you.[1]
What you can and can't sell[1][2]
Allowed
- Foods that do not need to be kept hot or cold for safety, made at your home by cooking, baking, drying, mixing, fermenting, preserving or a similar process
- Non-alcoholic drinks made at home
- Since July 1, 2025, certain foods that need to be kept hot or cold, under conditions set in the law
Not allowed
- Food made anywhere other than your own home
- Sales to buyers outside Tennessee (the law covers only sales within the state)
Local rules
These places add their own requirements on top of the state rules.
- All Tennessee cities and counties: Cities, counties and other local governments cannot ban or regulate making and selling homemade food under the Food Freedom Act.[1]
What it costs
| Step | Fee |
|---|---|
| Check that your food is covered | Free |
| Total if every fee applies to you | $0 |
Recent changes
- : The legislature amended the Food Freedom Act to allow certain foods that need to be kept hot or cold (time/temperature control for safety foods) to be made and sold from home.[2]
- : The Tennessee Food Freedom Act (Public Chapter 862, SB 693) took effect. It exempted homemade foods that do not need temperature control from state licensing, permits and inspection, allowed online sales, resale through stores and delivery by carrier within Tennessee, and stopped cities and counties from regulating them.[1]
Frequently asked questions
Can I ship homemade food to customers?
Inside Tennessee, yes: the law lets a third-party carrier deliver to the customer. The law does not cover sales to other states.[1]
Can a coffee shop or grocery store sell my baked goods?
Yes, for foods that do not need temperature control. The law lets a third-party vendor, such as a retail shop or grocery store, sell your food to customers. The buyer information must still be on the label, container or a sign.[1]
Do I have to put my home address on the label?
Yes. The required information includes your name, home address and telephone number, and it goes on the label (or on the sign or web page where the food is sold). For phone or custom orders you do not have to display it, but you must give it to the buyer if they ask.[1]
Will the health department inspect my kitchen?
No routine inspections. The Department of Agriculture does not license or inspect home food businesses under this law. The Department of Health can still investigate a reported foodborne illness, and the Department of Agriculture can act against homemade food that does not fit the law's exemption.[2][1]
Can the Department of Agriculture tell me whether my product is allowed?
Not for a specific product or business. TDA says it can discuss general food safety, but questions about a particular product are for your own lawyer.[2]
Do I still have to pay taxes?
Yes. The Food Freedom Act does not exempt home food sellers from any tax law.[1]
Sources
- Public Chapter No. 862 (Senate Bill 693), 112th General Assembly: the Tennessee Food Freedom Act, Tennessee Secretary of State. Checked October 25, 2026. Internet Archive copy (captured 2026-05-14) of https://publications.tnsosfiles.com/acts/112/pub/pc0862.pdf; the live site returned HTTP 403 to automated reading. This is the 2022 Act as enacted, before the 2025 amendment; check the current T.C.A. § 53-1-118 before verifying.
- Tennessee Food Freedom Act, Tennessee Department of Agriculture. Checked October 25, 2026. Internet Archive copy (captured 2026-10-01) of https://www.tn.gov/agriculture/consumers/food-safety/tennessee-food-freedom-act.html; www.tn.gov returned HTTP 403 to automated reading. Check the live page before verifying.
Related
- Cottage Food Laws in Alabama
- Cottage Food Laws in Arkansas
- Cottage Food Laws in Georgia
- Cottage Food Laws in Kentucky
- Cottage Food Laws in Mississippi
- Cottage Food Laws in Missouri
- Cottage Food Laws in North Carolina
- Cottage Food Laws in Virginia
- Cottage Food Laws by State
This page is general information, not legal advice. Rules and fees change. Before you apply or start selling, confirm the details with Tennessee Department of Agriculture (TDA) or your local health department. Spotted something wrong or out of date?Report it and we will check it.