Tennessee Cottage Food Law 2026: No Permit, No Cap, and the 2025 Food Expansion

Yes, you can sell baked goods and a surprisingly wide range of other homemade foods in Tennessee — and the state has made it unusually easy to do so. Tennessee's Food Freedom Act (T.C.A. § 53-1-118) requires no permit, no registration, no inspection, and sets no cap on how much you can earn. As of July 1, 2025, the law was expanded by Public Chapter 431 (HB 130) to include pasteurized dairy products and cooked poultry alongside the traditional shelf-stable lineup.

The main compliance task is getting your label right. Tennessee's labeling rules are specific but short: four required elements, a verbatim disclaimer statement, and clear rules about where that information must appear depending on how you're selling. This guide walks through all of it.

This guide is current as of June 2026 and is built from T.C.A. § 53-1-118 (as amended) and the Tennessee Department of Agriculture's Food Freedom Act page. Regulations can change — check the TDA Food Freedom Act page before you print labels or expand into new product categories.

What You Can Sell Under the Tennessee Food Freedom Act

Tennessee takes a different approach from most states: instead of listing what you can sell, the statute specifies what you cannot sell. Everything else is permitted. That's an unusually generous framing, and it means the list of allowed foods is enormous.

In Tennessee, you can sell virtually every category of shelf-stable baked goods, confections, preserves, acidified foods, and — uniquely among most states — the pasteurized dairy and cooked poultry products added by Public Chapter 431 (2025); the prohibited list is limited to unpasteurized milk, alcohol, fish and shellfish, red meat and raw meat, meat byproducts, and canned poultry.

Poultry Products: What the Rules Actually Say

Cooked poultry is permitted, but the statute sets specific sourcing and volume conditions you need to know before you put a pot pie on your menu.

Under T.C.A. § 53-1-118 as amended by Public Chapter 431, your poultry products must come from one of two sources: (1) federally or state-inspected poultry bearing an official inspection mark, or (2) your own birds, where you raise them and fall within the federal 1,000-bird exemption under 9 CFR 381.10(d). The transaction cap is 75 pounds of poultry per sale — not per week or per year, but per individual transaction.

Canning poultry products is not permitted under the Tennessee Food Freedom Act, regardless of sourcing.

Acidified Foods: A Genuine Tennessee Advantage

Tennessee's permissive approach extends to acidified foods — pickles, fermented vegetables, hot sauces, and chutneys that many other states require special testing or commercial facilities to produce. If you've been making refrigerator pickles for the farmers market, you're in a favorable place here.

No State Permit, Registration, or Inspection Required in Tennessee

Tennessee cottage food producers are not required to apply for any state permit, license, or registration before selling. The Tennessee Department of Agriculture is explicit on its website: "we do not issue permits, licenses, or conduct inspections for products made under this law." This is baked into T.C.A. § 53-1-118(a), which exempts homemade food production and sales from "all licensing, permitting, inspecting, packaging, and labeling laws of this state."

There is no food handler certification requirement, no kitchen inspection, and no fee. You don't notify the state, you don't register with a county, and you don't submit your recipes for review. You start when your labels are ready.

The only time the exemption pauses is if the Tennessee Department of Health is investigating a reported foodborne illness involving your products — a reasonable carve-out that doesn't affect normal operations.

Revenue Cap and Sales Channels in Tennessee

Tennessee's Food Freedom Act sets no annual sales cap. You can generate $5,000 or $500,000 in gross revenue from homemade food sales within Tennessee — the statute imposes no income limit, production-volume limit, or transaction-count limit. This is one of the most permissive positions on revenue of any state in the country.

Sales Channels for Non-Perishable Foods

For shelf-stable, non-time/temperature-controlled (non-TCS) foods — your baked goods, jams, candies, granola, and similar items — Tennessee allows an unusually wide range of sales channels. Under T.C.A. § 53-1-118(b)(1) and (b)(2), non-perishable homemade foods may be:

• Sold by the producer directly to the consumer, whether in person or remotely — including by phone, internet, or through an agent or third-party vendor such as a retail shop or grocery store.
• Delivered by the producer, an agent of the producer, a third-party vendor, or a third-party carrier (e.g., UPS, FedEx, USPS) to the consumer.

In practical terms: you can sell your cookies from your home porch, at a farmers market, at a roadside stand, through an in-state retail shop, through your own website with in-state shipping, or via a third-party marketplace — all permitted for non-perishable items.

Sales Channels for Perishable Foods (TCS Foods)

Perishable and time/temperature-controlled foods — the pasteurized dairy and cooked poultry products added in 2025 — face a tighter channel rule. Under the TFFA as amended, perishable products may only be sold in person, directly to the consumer. You cannot:

• Sell perishable foods online or by phone for remote delivery
• Ship perishable foods via third-party carrier
• Sell perishable foods wholesale through a retail store or grocery
• Sell perishable foods through a restaurant

Someone acting as your agent — an employee, say — can sell perishable items in person on your behalf, but the sale must happen face-to-face with the end consumer, not through a store or third-party platform.

Interstate Sales Are Prohibited

T.C.A. § 53-1-118(c)(5) states that the exemption does not apply to "sales other than intrastate sales made within this state." Tennessee cottage food is for Tennessee consumers only. You cannot ship products to customers in neighboring states, sell at out-of-state markets, or fulfill online orders to addresses outside Tennessee.

Local Government Cannot Add Restrictions

One of Tennessee's most distinctive legal protections is § 53-1-118(d), which states that this section "preempts county, municipal, and other political jurisdictions from prohibiting and regulating the production and sale of homemade food items." This means Nashville, Memphis, Knoxville, and any other county or city in Tennessee cannot add cottage food rules on top of state law. You do not need a local permit, a zoning variance, or a municipal business license specifically for your cottage food operation. General business laws that apply to all businesses (like income tax) still apply, but local governments cannot regulate your homemade food sales specifically.

This is materially stronger than what most states offer — many states explicitly permit or even encourage local preemption of cottage food protections. Tennessee has reversed that default.

Tennessee Cottage Food Labeling Requirements

Every Tennessee cottage food product must provide four categories of information to the consumer, as required by T.C.A. § 53-1-118(b)(3). Despite the broad general exemption from state labeling laws, these four requirements are non-negotiable and apply to every sale.

The Four Required Elements

1. Your name, home address, and telephone number. All three components are required by § 53-1-118(b)(3)(A) — not just your business name, and not just an address. The statute specifically requires your home address (not a P.O. box or business address) and your telephone number.
2. The common or usual name of the homemade food item. Call it what it is: "Chocolate Chip Cookies," "Strawberry Jam," "Rotisserie Chicken." This is § 53-1-118(b)(3)(B).
3. The ingredients in descending order of predominance. List every ingredient from most to least by weight, per § 53-1-118(b)(3)(C). Federal guidelines on sub-ingredient listing and common allergen naming are good practice here.
4. The verbatim disclaimer statement. Required by § 53-1-118(b)(3)(D) — exact wording, no substitutions.

Tennessee fixes no font size for the disclaimer. The statute specifies the required text, not a point size — unlike states such as California, which mandate specific type sizes.

Verbatim Required Disclaimer

Your label must display this exact statement, as required by T.C.A. § 53-1-118(b)(3)(D), as amended by Public Chapter 431 (2025):

"This product was produced at a private residence that is exempt from state licensing and inspection. This product may contain allergens."

This wording is required by statute. Do not paraphrase it, abbreviate it, or substitute your own language. The allergen mention is built into the required statement, which is why a separate allergen panel is not a distinct statutory requirement — though listing specific allergens in your ingredient list is always good practice and may be required under federal food labeling rules.

Where the Required Information Must Appear

The statute specifies exactly where to put this information depending on how you're selling:

• Packaged items: on a label affixed to the package (§ 53-1-118(b)(4)(A)(i))
• Bulk container items: on a label affixed to the container (§ 53-1-118(b)(4)(A)(ii))
• Unpackaged, not-bulk items (like individual cookies on a tray at a market): on a placard displayed at the point of sale (§ 53-1-118(b)(4)(A)(iii))
• Online-only sales: on the webpage where the item is offered for sale (§ 53-1-118(b)(4)(A)(iv))
• Phone or custom orders: you must orally disclose that the item is from an exempt private residence and may contain allergens; all other information (name, address, phone, common name, ingredients) must be readily available and provided to the consumer on request (§ 53-1-118(b)(4)(B))

Required vs. Recommended Label Elements in Tennessee

Tennessee law requires four categories of information: the producer's name, home address, and telephone number together (§ 53-1-118(b)(3)(A)); the food's common or usual name; the ingredient list in descending order of predominance; and the verbatim disclaimer. Net weight and production date are not required by statute, though both are strongly recommended as best practices.

Common Labeling Mistakes in Tennessee

The most common errors Tennessee cottage food producers make:

• Paraphrasing the disclaimer. The disclaimer must appear verbatim. "Made in a home kitchen, not inspected" is not the same as the required statement and leaves you out of compliance.
• Omitting the phone number. Many bakers assume address is enough; Tennessee requires name, address, and phone together.
• Using a P.O. box or business address. The statute requires your home address, not a separate business mailing address.
• Not adjusting the disclosure format for unpackaged goods. If you're selling at a market and your cookies aren't individually packaged, you need a placard at your table — a label on nothing doesn't satisfy the statute.

For complete allergen labeling guidance and label layout best practices, see our Cottage Food Labeling Requirements guide.

Now That You Know the Rules — Here's How to Start Selling in Tennessee

Tennessee is genuinely one of the easiest states to launch a cottage food business in. There's no application to file, no fee to pay, no training to complete, and no waiting period. The practical startup sequence is short:

1. Confirm your products are covered. For shelf-stable foods, you're almost certainly in the clear — Tennessee's prohibited list is narrow. For poultry products, verify your sourcing complies with the federal 1,000-bird exemption or inspection requirements before your first batch. For pasteurized dairy, confirm your products are pasteurized (raw milk cheese and similar products don't qualify).
2. Design your labels. Your label needs your name, home address, and phone number; the food's common name; your ingredient list in descending order; and the verbatim disclaimer. Use MyPorch's labeling tool to build a compliant label — getting this part right matters more than anything else under Tennessee law.
3. Match your disclosure format to your sales channel. Packaged goods get a label; unpackaged market items get a placard; online listings need the required information on the product page. Set this up before your first sale, not after.
4. Set up your online storefront if you're selling non-perishables remotely. Tennessee allows in-state online sales and in-state shipping for shelf-stable foods. A simple storefront makes taking pre-orders and managing pickup windows much easier. See our guide on how to take pre-orders for your home bakery.
5. Price your products to reflect no overhead. Without permit fees, training costs, or commercial kitchen rent, your cost structure is uniquely favorable. Our how to price baked goods guide can help you set prices that reflect your actual value.
6. Start selling. That's it. No waiting for approval.

Frequently Asked Questions

Recent Law Changes (Changelog)

Tennessee's cottage food law has been meaningfully updated twice in the past four years. Here's the timeline:

• July 1, 2025 — Public Chapter 431 (HB 130): The Tennessee General Assembly significantly amended T.C.A. § 53-1-118 to expand the types of permitted homemade food items. The amendment added pasteurized dairy products (hard cheese, butter, yogurt, kefir) and cooked poultry products (rotisserie chicken, soups, pot pies) to the permitted list, with specific channel restrictions (in-person, direct-to-consumer only for perishable items) and sourcing requirements for poultry. The no-permit, no-cap framework and the verbatim labeling disclaimer were reaffirmed and carried forward.
• July 1, 2022 — HB 813 (Food Freedom Act): Tennessee replaced its previous, more limited cottage food structure with a comprehensive food freedom law. This established the current framework: broad food permissions, no permit requirement, no sales cap, full sales-channel flexibility for non-perishable items, and the four-element labeling disclosure requirement including the verbatim disclaimer.

What this means for you: if you were already selling shelf-stable foods before July 2025, nothing you do today is affected — your products and labels stay valid. The 2025 change only opened new doors, adding dairy and cooked poultry if you want to expand into them.

• Last materially reviewed: June 26, 2026, against T.C.A. § 53-1-118 (FindLaw codification), the TDA Food Freedom Act page, and Forrager's Tennessee entry (last updated 2025-09-16).