Selling Homemade Food in Tennessee - Institute for Justice

Selling homemade food in Tennessee got easier in 2012 with changes to the state’s Domestic Kitchen Laws. The reforms allowed home-based food producers to sell directly to consumers without inspection and permitting by the Tennessee Department of Agriculture Regulatory Services Division. The law was amended in 2017, which increased the types of venues in which homemade food could be sold. Then in 2022, Tennessee allowed cottage food businesses to hire full-time employees and sell at retail outlets. The 2022 law also banned municipalities from imposing additional regulations on cottage food businesses.

For more information about how the state was graded, see the Baking Bad report page.

Grades For Homemade Food Laws	Tennessee
Final Grade	B+
Food Varieties Grade	C-
Sales and Venue Restrictions Grade	A+
Regulatory Burdens Grade	A+

Tennessee cottage food types

Food Varieties	Tennessee
What Shelf-Stable Foods Can I Sell in Tennessee?	No restrictions
Can I Sell Refrigerated Baked Goods in Tennessee?	No
Can I Sell Meat in Tennessee?	No
Can I Sell Acidified or Pickled Foods in Tennessee?	No
Can I Sell Low-Acid Canned Goods in Tennessee?	No
Can I Sell Fermented Foods in Tennessee?	No

Many states regulate “cottage food,” meaning food made in a home kitchen for sale. Tennessee permits cottage food producers to sell any non-potentially hazardous food. Examples include baked goods that do not require refrigeration, jams, jellies, preserves, candy, and dried spices, fruits and vegetables. Prohibited foods include any food that requires refrigeration, pickled items, foods that contain meat or poultry, and sauces.

Tennessee cottage food venues

Sales and Venue Restrictions	Tennessee
Annual Sales Cap	No limit
Where Can I Sell Homemade Food Direct to Consumers in Tennessee?	No restrictions
Can I Sell Homemade Food to Retail Outlets Like Restaurants and Grocery Stores?	Yes
Online Orders	Yes
Mail Delivery	Yes

Cottage food producers may sell directly to the consumer by almost any means. They may sell over the internet, by delivery or pickup, at a farmers’ market or as roadside vendors. Thanks to a reform enacted in 2022, cottage food producers can also sell at retail stores, like restaurants and supermarkets.

Getting started in Tennessee

Regulatory Burdens	Tennessee
Inspections Required Before Starting	No
Are Local Ordinances Preempted or Overridden?	Yes
License, Permit or Registration Required	No
Recipe Approval or Lab Testing Required	No
Food Handler Training Required	No

Tennessee cottage food producers do not need to register with the state or obtain a permit or license to operate. To get started in Tennessee, a person only needs a kitchen and entrepreneurial spirit.

Tennessee cottage food labeling

Tennessee cottage food must be labeled with the name of the food, the name and street address of the cottage food producer, the amount of food in the package in Imperial and metric units (both grams and ounces), the ingredients in order of prominence by weight, and a lot number or date for the purposes of tracing the food in the event of an issue that requires market withdrawal. Tennessee also recommends that cottage food producers note any allergens that the food contains. The 2017 amendment eliminated the requirement that all cottage food be labeled with a statement declaring that the food was made in an environment that was not inspected by the state.

Tennessee cottage food facts

Myths about cottage food abound. Here are the facts:

Cottage food is safe. Critics who talk about the risk of food-borne illness give hypothetical examples of what could go wrong because real-world cases are rare or nonexistent.
Cottage food is local. When neighbors trade with neighbors, money stays in the local economy.
Cottage food is transparent. People who buy from a cottage food producer know what they get. If they have questions about ingredients, sourcing or safety, they can ask.
Cottage food creates jobs. Many homemade food producers use their income to provide for their families. Others seek a secondary or supplemental income.
Cottage food empowers women. IJ cottage food research shows that most cottage food producers are women, and many live in rural areas with limited economic opportunity.
Cottage food expands consumer choice. Some stores simply don’t sell what you want. This is especially true if you have a gluten-free, peanut-free, halal, kosher or vegan diet. Cottage food fills market gaps, giving consumers more options.

Tennessee cottage food resources

As part of its Food Freedom Initiative, the Institute for Justice provides a variety of resources for home bakers and other food entrepreneurs. These include:

Model Food Freedom Act from the Institute for Justice guides activism efforts at state capitols nationwide.
Flour Power: How Cottage Food Entrepreneurs Are Using Their Home Kitchens to Become Their Own Bosses surveys 775 cottage food producers in 22 states about what their businesses mean to them.
Ready to Roll highlights nine lessons from the Institute for Justice’s cottage food victory in Wisconsin.
The Attack on Food Freedom examines the impact of regulations on farmers, chefs, artisans, restaurateurs, food truck operators and others.

Support Tennessee legislation

Help expand cottage food laws in Tennessee by teaming with the Institute for Justice. Send an email with your name, background information and availability to get started…

Tell your Tennessee story

Is the government trying to crack down on your food business?

Do you own a food or drink-related business that is facing problems or is even under threat of shutdown because of burdensome laws and regulations?

Do you face excessive fines from the government if you don’t shut down your business, limit what you sell, or dig up your garden?

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If you want IJ to review your case, please share your situation through the following form.

The Institute for Justice is a nonprofit, public-interest law firm dedicated to the protection of constitutional rights, including the right of individuals to produce, procure, and consume homemade foods free from unnecessary and anti-competitive regulations.

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Defending homemade food freedom nationwide

People have a right to earn an honest living without arbitrary and excessive government interference. Since 2013, the Institute for Justice has defended home bakers and chefs as part of its Food Freedom Initiative. Read about IJ’s nationwide food freedom advocacy…

All information, content, and materials available on this site are for general informational purposes only and does not constitute legal advice. Statutes, regulations, and processes are subject to change at any time, and specific facts and circumstances could alter how they are applied. If you have questions about the regulation of cottage foods in your jurisdiction, we recommend consulting a lawyer who can help you navigate the process.