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Tennessee Food Freedom Act 2026: No License, No Cap

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By StandScout
Published
Read time
12 min read
Verified against state statute β€” Updated February 2026
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TL;DR: Tennessee Cottage Food Laws Quick Answer

Last verified against the Tennessee Food Freedom Act on January 9, 2026

Quick Reference

Requirement Tennessee
Permit Required No β€” zero paperwork
Revenue Cap None β€” unlimited sales
Training Not required
Inspection Not required
Where to Sell Direct, farmers markets, online, in-state shipping, retail stores (non-perishable only)
Key Rule Must include exact Food Freedom disclaimer on labels

What You Can Sell

Always allowed: Breads, cookies, cakes, pies (including cream pies), cheesecakes, cream-filled pastries, jams, jellies, dried fruits, candy, fudge, granola, roasted nuts, nut butters, honey, maple syrup, hot sauces, spice mixes, coffee, tea blends.

Not allowed: Red meat (beef, pork, lamb), fish and shellfish, unpasteurized (raw) dairy, alcoholic beverages, cannabis-infused products.

Where You Can Sell

Tennessee distinguishes between perishable and non-perishable products for sales channels.

All products (perishable and non-perishable): Farmers markets, roadside stands, community events, home pickup, direct delivery, your own website, social media, Etsy, and in-state shipping.

Non-perishable products only: Wholesale to grocery stores, co-ops, specialty food shops, gift shops, and farm stores.

Not allowed (any product type): Sales to restaurants, caterers, or institutional food service (schools, hospitals). Interstate shipping is not permitted.

What Are the Labeling Requirements in Tennessee?

Every product must include these six elements:

  1. Product common name (e.g., "Chicken Pot Pie")
  2. Ingredients in descending order by weight
  3. Allergen statement ("Contains: Wheat, Milk, Eggs")
  4. Net weight or volume
  5. Your name and address
  6. Exact Food Freedom disclaimer:

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

For perishable products, also include "Keep Refrigerated," a "Use By" date, and cooking or reheating instructions if applicable.

How to Start Today

  1. Choose your products from the allowed list. If using poultry or dairy, learn safe handling practices β€” cook poultry to 165 degrees F, use only pasteurized dairy, and keep perishables below 40 degrees F.
  2. Create compliant labels with all six required elements, including the exact Food Freedom disclaimer.
  3. Register for a sales tax license with the Tennessee Department of Revenue (free). Tennessee sales tax ranges from 7% to 9.75% depending on your county. Check with your city or county clerk about local business license requirements ($15-$100/year).
  4. Make your first batch following food safety best practices β€” clean surfaces, proper handwashing, no pets in kitchen during production.
  5. Start selling at a farmers market, from home, online, or through retail stores (non-perishable products).

Common Questions

Do I need a license or permit to sell food from home in Tennessee?

Is there a revenue cap?

Can I sell food containing chicken or dairy?

Can I sell to grocery stores?

Yes, but only non-perishable products like jams, cookies, granola, and dried goods. Perishable products (cream pies, chicken pot pies, anything requiring refrigeration) must be sold direct to consumer only.

Can I sell to restaurants?

No. The Food Freedom Act prohibits selling products to restaurants for use in their dishes. This applies to all product types, perishable and non-perishable. Selling to restaurants requires separate commercial licensing.

Can I sell online and ship within Tennessee?

Yes. Online sales through your website, social media, Etsy, and other platforms are permitted. In-state shipping is allowed. Interstate shipping (out of Tennessee) is not permitted.

Do I need to collect sales tax?

Yes. Food sales are subject to Tennessee sales tax, which ranges from 7% to 9.75% depending on your county. Register for a free sales tax license with the Tennessee Department of Revenue, collect tax from all customers, and file returns on the schedule they assign.


Sources:

Disclaimer: This guide is for informational purposes only and does not constitute legal advice. Cottage food laws vary by state and change frequently. Always verify current requirements with your state's agriculture department or health department before starting a cottage food business.


Sources

Written by

StandScout Team

Editorial Team

We help cottage food producers and roadside stand owners navigate regulations, grow their businesses, and connect with local customers.

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