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Tennessee Food Freedom Act

Shelf-Stable Food in Tennessee

Non-perishable foods are the bread and butter of Tennessee cottage food — with the most sales channels and the fewest restrictions.

Definitions

What Counts as Shelf-Stable?

A shelf-stable food is one that does not require refrigeration or temperature control to remain safe for consumption. In regulatory terms, these are called non-TCS foods — meaning they are not "Time/Temperature Control for Safety" products. They can be safely stored at room temperature without risk of dangerous bacterial growth.

Two scientific measures determine whether a food qualifies as shelf-stable:

Water Activity (Aw)

Water activity measures how much moisture is available in a food for bacteria to use. The lower the water activity, the more shelf-stable the product. Most bacteria need a water activity above 0.85 to grow. Products like dried fruit, jerky-style snacks (non-meat), crackers, and candy naturally fall below this threshold. Adding sugar, salt, or dehydrating food reduces water activity.

pH Level

pH measures acidity on a scale from 0 (extremely acidic) to 14 (extremely alkaline). Foods with a pH below 4.6 are considered high-acid and are generally safe from the growth of Clostridium botulinum, the bacterium that causes botulism. Products like pickles, salsas, jams, and vinegar-based sauces typically fall into this range. If you're making acidified or canned foods, keeping your pH below 4.6 using tested recipes is essential.

Tennessee's approach: The Food Freedom Act does not specify numeric pH or water activity thresholds in the statute itself. Instead, it relies on the standard non-TCS definition from Tennessee Department of Agriculture Rule 0080-04-09-.01(116). In practice, this means your product must be safe at room temperature. When in doubt, use tested recipes from trusted sources like the UT Extension service or the USDA Complete Guide to Home Canning.

No Sales Cap
Annual Gross Sales Limit

Tennessee places no dollar limit on annual gross sales for cottage food producers. You can sell as much as your business can produce — there's no ceiling to hit and no tier to upgrade into.

This makes Tennessee one of the most permissive states in the country for home food sellers. Many states cap cottage food sales at $25,000, $50,000, or $75,000 per year. Tennessee has no such restriction. Whether you sell $500 or $500,000, the same rules apply.

Important: "No sales cap" doesn't mean "no taxes." All cottage food income must be reported on your federal tax return (Schedule C). Tennessee has no state income tax, but the state's Business Tax may apply if your gross receipts exceed $10,000 per year. See the Start Your Business page for details on tax obligations.

Sales Channels

Where You Can Sell Shelf-Stable Foods

Shelf-stable products enjoy the widest range of sales channels available under the Food Freedom Act. Here's a breakdown of every option and whether it's permitted for non-perishable items:

Allowed

Direct to Consumer — In Person

Sell from your home, at your door, or anywhere you meet the customer face-to-face. This is the most common starting point for cottage food sellers.

Allowed

Farmers Markets & Events

Set up a booth at any farmers market, fair, festival, or community event in Tennessee. No additional market-specific permits are required from the state.

Allowed

Online Orders

Take orders through your website, social media, or a platform like SellFood. Your labeling information must appear where products are listed online.

Allowed

In-State Shipping

Ship non-perishable products via mail or third-party carrier anywhere within Tennessee. Interstate shipping (out of state) is not permitted.

Allowed

Retail Stores

Place your shelf-stable products in grocery stores, specialty shops, and other retail outlets within Tennessee. The TFFA explicitly authorizes retail placement.

Allowed

Via Agent or Employee

Hire someone to sell on your behalf — at a market booth, pop-up, or delivery route. The TFFA permits sales through agents and employees.

Allowed

Delivery

Deliver orders yourself or through an employee within Tennessee. Combine with online ordering for a local delivery model.

Not Allowed

Interstate Shipping

All sales and deliveries must occur within Tennessee. You cannot ship cottage food products across state lines under the TFFA.

Not Allowed

Wholesale to Restaurants

Restaurants are specifically excluded as a permitted sales venue under the TFFA. You cannot sell cottage food products wholesale to restaurants.

Product Categories

Popular Shelf-Stable Categories

These are the most common non-perishable product categories that Tennessee home food sellers build their businesses around:

Baked Goods

Breads, cookies, cakes, brownies, muffins, scones, bagels, tortillas, donuts, macarons, wedding cakes, cake pops, and sweet breads. Tennessee's top-selling cottage food category.

Jams, Jellies & Preserves

Fruit jams, marmalades, fruit butters (like apple butter), and chutneys. Must be shelf-stable — follow tested recipes and maintain pH below 4.6 for canned products.

Candy & Confections

Fudge, brittles, truffles, chocolate confections, buttercream, cotton candy, and caramel. No alcohol-containing confections permitted.

Pickles & Acidified Foods

Shelf-stable pickles, pickled vegetables, salsas, hot sauces, and vinegar-based preserves. Must be high-acid (pH below 4.6) and follow tested recipes.

Dry Goods & Mixes

Spice blends, seasoning mixes, dried herbs, dried fruits and vegetables, baking mixes, pasta, granola, coffee beans, and tea leaves.

Snacks

Popcorn, kettle corn, caramel corn, crackers, pretzels, fruit leathers, vegetable chips, nuts, seeds, and marshmallows.

Condiments & Spreads

Nut butters, mustards, ketchup, flavored oils, syrups, and honey (up to 150 gallons per year under the cottage food exemption).

Fermented Foods

Sauerkraut, kimchi, fermented vegetables, and other shelf-stable fermented products. A growing category at Tennessee farmers markets.

Best Practices

Storage and Handling Requirements

The Food Freedom Act does not impose specific storage regulations on cottage food producers — your home kitchen is exempt from state inspection. However, safe handling practices are essential to protect your customers and your reputation. Here are the key principles every shelf-stable seller should follow:

Temperature and Environment

Store finished products in a cool, dry area away from direct sunlight. Ideal storage temperature for most shelf-stable foods is between 50°F and 70°F. Avoid storing products in garages, attics, or areas with temperature swings that can degrade quality and shelf life.

Packaging Integrity

Use food-grade packaging materials that protect against moisture, air, and contamination. Seal containers tightly. For canned goods, inspect jars for cracks, ensure lids seal properly, and test seal integrity before labeling. Vacuum sealing can extend the shelf life of dry goods significantly.

Lot Tracking

Tennessee requires a lot number or date on every label for traceability. Keep a simple log matching lot numbers to production dates, ingredients used, and quantities produced. If a customer reports an issue, you'll be able to identify and trace the specific batch quickly.

Ingredient Sourcing

Use fresh, quality ingredients from reputable sources. For acidified foods and preserves, always use tested recipes from trusted authorities like the UT Extension, USDA, or Ball/Kerr canning guides. Modifying acid levels, sugar ratios, or processing times in tested recipes can create food safety risks.

Kitchen rule: Remember that any production done outside your private residence — in a church kitchen, community center, restaurant, or commercial facility — requires a food manufacturing license from the Tennessee Department of Agriculture. The cottage food exemption applies only to your personal home kitchen.

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