Tennessee cottage food law: the Food Freedom Act

Tennessee calls it a "homemade food item." Under T.C.A. 53-1-102, as changed by Public Chapter 431, it is food produced by you, or under your direct supervision, at your private residence. It can be either a non-TCS food or a time and temperature control for safety (TCS) food, as the Department of Agriculture defines them by rule.

That is wider than most states, which only allow shelf-stable foods. The legislature's summary of the bill, as amended in the Senate, adds a condition for TCS foods. They must be sold in person, by you or by an agent, such as a farm stand on the property where the food was prepared.

The definition excludes these, except to the extent federal law allows the sale:

• Alcoholic beverages and foods that are or contain alcohol
• Unpasteurized milk
• Fish and shellfish products
• Meat and meat by-products, unless from an inspected source
• Poultry and poultry by-products, unless you raised the poultry under the 1,000-bird exemption or the poultry is from an inspected source

The law exempts the production and sale of homemade food items from all state licensing, permitting, inspecting, packaging and labeling laws. The exception is when the Department of Health is investigating a reported foodborne illness. The exemption only applies if you meet the sale, delivery, information and temperature conditions below.

The bill text we read sets no registration, no fee, no training requirement and no sales cap. Check your city and county for zoning rules, which the law does not address.

Foods without dairy, meat or poultry can be sold by you to the consumer, in person or remotely, including by telephone or internet. They can also be sold by an agent or a third-party vendor such as a retail shop or grocery store. They can be delivered by you, an agent, a third-party vendor or a third-party carrier.

Foods that contain dairy, meat or poultry must be sold by you to the consumer, in person or remotely including by telephone or internet, and delivered by you. Many baked goods contain butter or milk, so most bakers will fall under the stricter rule. If you are unsure how an item is treated, ask the Department of Agriculture.

If a TCS food is transported before final delivery, it must be kept at an appropriate temperature.

You must give the buyer your name, home address and telephone number. Add the common name of the food and its ingredients in descending order of predominance. For TCS foods only, add the date it was produced. You must also give this statement: "This product was produced at a private residence that is exempt from state licensing and inspection. This product may contain allergens."

Where the information goes depends on how you sell. Use a label if the food is packaged. Use a label on the container if it is sold from a bulk container. Use a placard at the point of sale if it is neither. Use the webpage where the food is offered if you only sell on the internet. For phone or custom orders, you can disclose the exempt-residence statement and keep the rest ready on request.

• Decide whether each item contains dairy, meat or poultry. That sets who can sell and deliver it.
• Confirm none of your products is alcohol, raw milk, fish, shellfish, or uninspected meat or poultry.
• Write the information block with your name, address, phone, food name, ingredients and the exact statement.
• Post that block on your menu page if you only sell online.
• Add a production date for any TCS food.
• Keep TCS foods at a safe temperature in transit and plan to sell them in person.
• Check your city or county for zoning and home-business rules.

Tennessee names sales by telephone and internet, and lets you post the required information on the webpage when you sell only online. pickup.kitchen gives you yourname.pickup.kitchen with a menu, checkout and payments to your own Stripe account. Paste the statement, ingredients and contact details into each dish description.

For dairy items, delivery must be by you. The delivery tools plan your route and send it to your own phone, with a photo at the door. Pickup windows suit door pickup and weekly drops, and slots close when full.

If you sell TCS foods, the Senate-amended bill says in person, so use pickup windows rather than delivery for those items and confirm with the Department of Agriculture. Your customer list keeps every buyer. Free onboarding, pay as you use.

Checked November 2026 against the official Tennessee sources linked below. Laws change, so open the official page before you print labels or take your first order.

We could not open the enrolled Public Chapter 431 PDF directly, so the Tennessee details come from the bill text, the Senate amendment and the legislature's bill summary. Read the enrolled version before you rely on a fine point.

This is a plain-language summary, not legal advice. Check with your state and county before you sell.