Tennessee cottage food law

The rules at a glance

Tennessee Food Freedom Act

• Unattended honesty stand?

  Not addressed

  The law doesn't mention self-serve or honor-system stands.

• Sign up with the state?

  No

  No license or permit. State law overrides county and city rules.

  Source

  • We therefore do not issue permits, licenses, or conduct inspections for products made under this lawTennessee Department of Agriculture: Tennessee Food Freedom Act
  • the production and sale of homemade food items under this chapter are exempt from all licensing, permitting, inspecting, packaging, and labeling laws of this stateTennessee Public Chapter 862 (2022): Tennessee Food Freedom Act (PDF)
  • This section preempts county, municipal, and other political jurisdictions from prohibiting and regulating the production and sale of homemade food itemsTennessee Public Chapter 862 (2022): Tennessee Food Freedom Act (PDF)

• Food safety class?

  No
  Source

  • the production and sale of homemade food items under this chapter are exempt from all licensing, permitting, inspecting, packaging, and labeling laws of this stateTennessee Public Chapter 862 (2022): Tennessee Food Freedom Act (PDF)

• Kitchen inspection?

  Sometimes

  No routine checks. The health department can investigate a reported illness.

  Source

  • We therefore do not issue permits, licenses, or conduct inspections for products made under this lawTennessee Department of Agriculture: Tennessee Food Freedom Act
  • except when the department of health is investigating a reported foodborne illnessTennessee Public Chapter 862 (2022): Tennessee Food Freedom Act (PDF)

• Yearly sales limit

  No limit

  The act sets no yearly sales cap.

  Source

  • the production and sale of homemade food items under this chapter are exempt from all licensing, permitting, inspecting, packaging, and labeling laws of this stateTennessee Public Chapter 862 (2022): Tennessee Food Freedom Act (PDF)

• Foods that need a fridge?

  Sometimes

  Sold in person only, and not made with meat, fish, alcohol or unpasteurized milk.

  Source

  • to allow for the production and sale of certain time/temperature controlled food itemsTennessee Department of Agriculture: Tennessee Food Freedom Act
  • Time/temperature control for safety food homemade food items must: (A) Not include unpasteurized milk or foods that are, or that contain, alcoholic beverages, fish, shellfish products, meat, meat byproducts, or meat food productsTennessee Public Chapter 431 (2025): homemade food items (PDF)
  • Be sold either by: (i) The producer to the consumer, in person; or (ii) An agent of the producer, in person, such as a farm stand located on the property where the food was preparedTennessee Public Chapter 431 (2025): homemade food items (PDF)

• Take orders online?

  Sometimes

  Shelf-stable foods can be ordered by phone or internet; cold or hot foods must be in person.

  Source

  • The producer to the consumer, whether in person or remotely, including, but not limited to, a sale by telephone or internetTennessee Public Chapter 862 (2022): Tennessee Food Freedom Act (PDF)
  • Be sold either by: (i) The producer to the consumer, in person; or (ii) An agent of the producer, in person, such as a farm stand located on the property where the food was preparedTennessee Public Chapter 431 (2025): homemade food items (PDF)

• Ship or mail orders?

  Sometimes

  Shelf-stable foods can be delivered by a carrier; cold or hot foods must be sold in person.

  Source

  • Non-time/temperature control for safety food homemade food items must be delivered either byTennessee Public Chapter 862 (2022): Tennessee Food Freedom Act (PDF)
  • An agent of the producer, a third-party vendor, or a third-party carrier to the consumerTennessee Public Chapter 862 (2022): Tennessee Food Freedom Act (PDF)
  • Be sold either by: (i) The producer to the consumer, in person; or (ii) An agent of the producer, in person, such as a farm stand located on the property where the food was preparedTennessee Public Chapter 431 (2025): homemade food items (PDF)

• Sell through shops?

  Sometimes

  Shelf-stable foods can be sold through a shop or grocery; cold or hot foods in person only.

  Source

  • An agent of the producer or a third-party vendor, such as a retail shop or grocery store, to the consumerTennessee Public Chapter 862 (2022): Tennessee Food Freedom Act (PDF)
  • Be sold either by: (i) The producer to the consumer, in person; or (ii) An agent of the producer, in person, such as a farm stand located on the property where the food was preparedTennessee Public Chapter 431 (2025): homemade food items (PDF)

What goes on the label