Tennessee Cottage Food Laws and Regulations: How to sell your homemade foods in Tennessee, updated for 2024

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Tennessee Cottage Food Laws and Regulations: How to sell your homemade foods in Tennessee, updated for 2024

Tennessee Cottage Food Laws, Regulations and Facts

Date of the enactment of the first Tennessee cottage food law: January, 2007

The law was updated, effective June 17, 2017,  and then again 2022, see this PB1909 fact sheet .

The changes in 2022 allow:

• Cottage food businesses can also hire full-time employees and sell at retail outlets.
• Farmers' markets: Poultry, rabbits, and eggs can be sold at farmer's markets or roadside stands if the vendor complies with certain requirements.
• Grocery stores : Homemade food products can be sold at grocery stores.
• Events : Homemade food products can be sold at events.

The law as changed in 2022 also:

• Bans municipalities from imposing additional regulations on cottage food businesses
• Allows homemade food businesses to accept orders online and ship within Tennessee

Which foods are subject to the Tennessee Cottage Food law?

Only foods considered non-potentially hazardous can be made in home kitchens. Homemade food: Non-TCS foods like baked goods, candy, jams, and jellies can be produced at home and sold in Tennessee without a food manufacturing license or permit from the Tennessee Department of Agriculture.  (TCS) : A food that requires time and temperature control for safety

Non-potentially hazardous foods are those foods that do not support the growth of harmful bacteria and the processing steps do not require stringent controls to assure a safe product. It should be understood that while these foods are inherently lower risk, it does not mean that they are without risk. They are still prone to cross-contamination from other foods in the kitchen or allergens.

Allowed foods

Examples of these foods are:

• Baked goods that do not require refrigeration.
• Jams, jellies and preserves .
• Candy.
• Dried baking or spice blends.

Prohibited foods

. Potentially hazardous food products that cannot be made in a home kitchen include:

• Pickled vegetables and eggs.
• Sauces and dressings.
• Products that contain meat or poultry.
• Any food that must be refrigerated.
• Some fermented foods like sauerkraut and kombucha (under 0.5% alcohol, and canned, see the table below)

This chart provides examples and reasons why some foods are allowed (non-TCS) and others are not allowed (TCS) 

Where may you produce and/or package the food

Products must be processed at a private residence.

Producers using a location other than a private residence such as a community kitchen, restaurant, church or commercial facility are required to obtain a food manufacturing license from the Tennessee Department of Agriculture regardless of whether the food is TCS or non-TCS.

If your food product does not meet the definition of a Cottage Food:

Don't give up. You may still be able to make and sell it commercially, through a startup approach.

First, you may be able to rent space in a local licensed commercial kitchen .

Second, if that doesn't work, you may be able to get a co-packer to make the food for you .

See this page for detailed information about selling foods that do not meet the Cottage Food definition

Definitions:

• "Domestic Kitchen" is a home based kitchen that meets the established requirements herein in order to process non-potentially hazardous foods for sale to the general public.
• "Non-potentially hazardous foods" are jam, jellies, candy and baked goods that do not meet the definition of potentially hazardous foods.
• pH: pH is a measure of the degree of acidity or alkalinity of a solution. Values between 0 and 7 indicate acidity and values between 7 and 14 indicate alkalinity. The value for pure distilled water is 7, which is considered neutral. Typically, “low” pH/acidic foods (pH < 4.6) are less likely to cause foodborne illness because they prevent the growth of many pathogenic microorganisms.
• "Potentially hazardous food" are those foods which consist of meat, poultry, liquid eggs and partially cooked egg products, fish, milk and milk products, shellfish, partially cooked bakery products and/or other ingredients capable of supporting rapid and progressive growth of infectious or toxigenic micro-organisms when stored at temperatures in excess of 45 degrees F, if a cold food or below 140 degrees F, if a hot food. Also included as potentially hazardous food, are low acid canned foods (vegetables, fish, meat, etc.) and acidified foods (pickled vegetables, fish, meat, eggs, etc.).
• Time and Temperature Control for Safety Food (TCS) : A food that requires time and temperature control for safety (TCS) to limit pathogenic microorganism growth or toxin formation.
• Non-Time and Temperature Control for Safety Food (non-TCS) : A food that does not require time and temperature control for safety to limit the rapid and progressive growth of infectious or toxigenic microorganisms. Most shelfstable foods, i.e., those adequately preserved and stored under non-refrigerated temperatures, are considered non-TCS. However, these definitions may vary slightly by state, especially when applied to cottage food production.
• "Unit of sale" is the form of packaging in which the product is normally offered for sale to the consumer (e.g., 1 loaf of bread, 1 dozen cookies, 1 pie [or piece thereof, as applicable], 1 container of jelly, etc.)
• Water Activity (Aw) : A measure of the availability of water for microbiological growth. Aw ranges from 0 (a completely dried product) to 1.0 (pure water). Water activity is related to the equilibrium relative humidity of air around the food product if sealed within a package. Aw values < 0.85 can be used to prevent the growth of most microorganisms.

Licensing

There is no Registration, Permit, or License Requirement . This changed with the 2017 amendments. The Tennessee cottage food laws are for those individuals who elect to forgo inspection and permitting - but must meet certain stipulations.

Labeling requirements

All food items packaged in a domestic kitchen must be properly labeled prior to sale.

See this page for the labeling requirements and sample labels you can download to customize.

Where and how may Cottage Food Production Operations sell the food products?

Products may be sold in person, remotely, by an agent of the producer or by/ through a third-party vendor. Example sale venues include internet, phone, farmers market, roadside stand grocery stores and other retail stores.

Allowed foods are limited to sales at

• the home: at the cottage food producer's residence,
• community social events,
• flea markets
• farmers markets
• Grocery stores : Homemade food products can be sold at grocery stores and other retail stores
• Events : Homemade food products can be sold at events.
• Online and shipped: homemade food businesses may accept orders online or by phone and shipped within Tennessee
• All sales/deliveries must be located within the state of Tennessee.
• Products must be delivered to the consumer .
  • by the producer, ,
  • an agent of the producer,
  • a third-party vendor or
  • a third-party carrier

Other requirements

 Other stipulations, such as adherence to good manufacturing practices and product labeling requirements, also must be adhered to:

• The producer must allow the Tennessee Department of Health to access the food processing facility (kitchen and storage areas, etc.), if necessary, to ensure public safety. This would likely occur if there were a foodborne illness that was possibly linked to the products.

Recommendations:

Beyond the requirements, common sense, good practices and reducing liability suggests you should do the following.

Training

Take the ServSafe® training classes for Manager and employees, the 7th Edition Book that accompanies this course should be purchased here .. 

Testing of pH

It's best to use a pH meter, properly calibrated on the day used. I use this one, which is reliable and inexpensive . And this pH meter is really good, but isn't always available .
Short-range paper pH test strips, commonly known as litmus paper , may be used instead, if the product normally has a pH of 4.0 or lower and the paper's range includes a pH of 4.6.

Record-keeping is suggested

Keep a written record of every batch of product made for sale, including:

• ​Recipe, including procedures and ingredients
• Amount canned and sold
• Canning date
• Sale dates and locations
• Gross sales receipts
• Results of any pH test

Sanitation

Although inspections are not required, you should consider doing the following:

• ​Use clean equipment that has been effectively sanitized prior to use
• Clean work surfaces and then sanitize with bleach water before and after use
• Keep ingredients separate from other unprocessed foods
• Keep household pets out of the work area
• Keep walls and floors clean
• Have adequate lighting
• Keep window and door screens in good repair to keep insects out
• Wash hands frequently while working
• Consider annual testing of water if using a private well

Best Practices

• Allergens:  Most state home baking acts require an "ingredient statement" and/or an "allergen listing" on the label of the bakery item for sale; but if your state does not, you should anyway. The eight major food allergens are
  • milk,
  • eggs,
  • fish,
  • crustacean shellfish,
  • tree nuts,
  • peanuts,
  • wheat and
  • soybean.
• Cross-allergenicity: There are also ingredients available, even flours, that can cause a cross-allergenicity. The American Academy of Allergy Asthma & Immunology explains cross-allergenicity as an allergic reaction when proteins in one substance are similar to the proteins found in another substance. For example, consumption of lupine flour may trigger an allergic reaction to peanuts, and cricket flour may trigger an allergic reaction to shellfish. Again, providing such information might be a beneficial marketing tool and help keep potential consumers safe.
• The 2 Hour/4 Hour Rule -   Anyone wishing to make and sell refrigerated bakery items should remember to follow the "2 Hour/4 Hour Rule." This is a system that can be implemented when potentially hazardous foods are out of temperature control (temperatures greater than 45 degrees Fahrenheit) during preparation, serving or display for sale. The rule guidelines are as follows:
  • If a potentially hazardous food has been out of temperature control for 2 hours or less, then it may continue to be used or be placed back in the refrigerator.
  • If a potentially hazardous food has been out of temperature control for more than 2 hours but less than 4 hours, it needs to be used quickly or discarded.
  • If a potentially hazardous food has been out of temperature control for more than 4 hours, it must be discarded.

More resources:

• UT Extension: Getting Started in a Food Manufacturing Business in Tennessee .
• UT Extension Center for Profitable Agriculture - 
• Tennessee Small Business Development Center
• 2009 Food Code - 
• State of Tennessee Public Chapter No. 862, Senate Bill No. 693 , By Niceley, Bowling, Crowe
• Click here for more information about the original 2012 Tennessee cottage food laws
• Nashville Health Department Food Protection Services
• Changes to the Domestic Kitchen Laws Regulating Tennessee's Cottage Food Industry
• Getting Started in a Food Manufacturing Business in Tennessee

Questions? Contact Information:

Tennessee Department of Agriculture Consumer and Industry Services,

Food Safety Section Ellington Agricultural Center

436 Hogan Road Nashville, TN 37220

Phone: 615-837-5193

Email: [email protected]

Website: https://www.tn.gov/agriculture