Tennessee takes a freedom-first approach — instead of listing what's allowed, the Food Freedom Act defines what's not allowed. Everything else is fair game.
Under the Tennessee Food Freedom Act (Tenn. Code Ann. § 53-1-118), most homemade foods are permitted for sale. The state uses a "negative list" approach — only specific categories are prohibited. Products fall into one of three tiers: open (clearly allowed with no conditions), restricted (allowed with specific conditions), or prohibited (not permitted under cottage food rules).
Tennessee's approach is deliberately broad. Rather than telling you exactly which foods are allowed, the Food Freedom Act (passed in 2022 as HB 813 and expanded in 2025 by HB 130) defines a short list of prohibited categories — primarily meat, seafood, raw milk, and alcohol — and permits everything else. This is a major advantage for home food sellers, because it means you don't need to guess whether your specific recipe qualifies.
The most important distinction to understand is between shelf-stable (non-TCS) foods and perishable (TCS) foods. TCS stands for "Time/Temperature Control for Safety" — foods that need refrigeration or careful temperature management to prevent bacterial growth. In Tennessee, you can sell both types from your home kitchen. The difference is how you sell them:
Shelf-stable foods (breads, cookies, jams, candy, dried goods) can be sold in person, online, at farmers markets, through retail stores, and shipped anywhere within Tennessee.
Perishable / TCS foods (anything requiring refrigeration) can only be sold in person — directly to the consumer or through an agent/employee. No online sales, no shipping, no retail store placement for perishable items.
The 2025 expansion (HB 130) is also significant: it opened the door for poultry and pasteurized dairy — two categories that were previously off-limits. These come with their own conditions, particularly around federal poultry inspection exemptions and pasteurization requirements. If you're interested in selling poultry or dairy, see the Special Categories page for a detailed breakdown.
One more critical rule: if you produce food in any facility other than your private home kitchen — a church kitchen, community kitchen, restaurant, or commercial space — you'll need a food manufacturing license from the Tennessee Department of Agriculture. The cottage food exemption applies exclusively to your personal residence.
Check if your specific product is allowed for home sale in Tennessee — and see what conditions may apply.
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