Tennessee cottage food law: what the Food Freedom Act allows, and how to sell online
Updated October 20, 2026
Under the Tennessee Food Freedom Act (T.C.A. §53-1-118), homemade food made at your private residence is exempt from the state's licensing, permitting, inspection, packaging and labeling laws, so you need no license and there's no sales cap. Shelf-stable foods can be sold in person, by phone or online, delivered by you, an agent, a store or a third-party carrier, and sold through shops and grocery stores. Since July 1, 2025, foods that need refrigeration, such as cheesecake, are allowed too, but only sold in person. Every sale must stay inside Tennessee and carry the producer's details and the Act's disclosure statement.
In short
- No license, permit or inspection. The Tennessee Department of Agriculture (TDA) doesn't issue any for homemade food.
- No sales cap in the law.
- Shelf-stable foods: sell online or by phone, deliver yourself or by courier, or sell through stores.
- Refrigerated (TCS) foods since July 1, 2025: allowed, but sold in person only, and never with meat, fish, shellfish, alcohol or raw milk.
- Intrastate only, and the disclosure goes on the label, a placard or your web page.
Tennessee cottage food rules at a glance (October 2026)
| Rule | What Tennessee requires |
|---|---|
| Law | Tennessee Food Freedom Act, T.C.A. §53-1-118 (first effective July 1, 2022; amended effective July 1, 2025), with definitions in §53-1-102 |
| Regulator | None issues permits. TDA acts only if products fall outside the exemption; the Department of Health investigates reported foodborne illness |
| License, permit, inspection | None for homemade food items that meet the Act's conditions |
| Where you make it | Your private residence |
| Sales cap | None in the Act |
| Shelf-stable (non-TCS) foods | Sold by you in person or remotely (phone, internet), or by an agent or third-party vendor such as a retail shop or grocery store |
| Shelf-stable delivery | By you, your agent, a third-party vendor or a third-party carrier |
| Refrigerated (TCS) foods | Allowed since July 1, 2025; no raw milk, alcohol, fish, shellfish or meat; poultry only under federal exemptions; sold only in person by you or your agent |
| Interstate sales | Not covered: the Act applies only to sales within Tennessee |
| Local rules | Counties and cities can't prohibit or regulate homemade food items |
| Disclosure statement | "This product was produced at a private residence that is exempt from state licensing and inspection. This product may contain allergens." |
| Tax | The Act doesn't exempt you from tax law |
This is general information, not legal advice. TDA itself encourages producers to read the law and ask a lawyer about specific products.
What can you sell under the Tennessee Food Freedom Act?
The Act covers a "homemade food item": a food, including a non-alcoholic drink, produced and packaged at your home. What changes is how you can sell it:
| Shelf-stable (non-TCS) | Needs refrigeration (TCS), since July 1, 2025 | |
|---|---|---|
| Examples | Breads, cookies, cakes without perishable fillings, candy, jams, granola, pickles and other properly processed shelf-stable foods | Cheesecake, cream pies, cream cheese frosting, custards |
| Not allowed | Foods outside the definition | Unpasteurized milk; anything that is or contains alcohol, fish, shellfish or meat. Poultry only under the federal 1,000-bird or retail exemptions |
| How you sell | In person, by phone or internet; through an agent or a store | In person only, by you or an agent, for example at a farm stand on your property |
| How it's delivered | By you, an agent, a store or a third-party carrier | Handed over in person |
Whether a food is TCS depends on its recipe. University of Tennessee Extension's food science team notes that pH and water activity testing is how the line is usually drawn.
Can you sell cottage food online in Tennessee?
Shelf-stable foods: yes. The Act lets you sell remotely, including by telephone or internet, and have the order delivered by you, an agent, a third-party vendor or a third-party carrier. A courier or delivery service is fine.
Refrigerated foods: not online. TCS homemade food must be sold in person, by you or your agent. Keep those items off any web page where customers buy and pay.
Out of state: no. The exemption only applies to intrastate sales made within Tennessee.
What disclosure does Tennessee require?
The Act calls it information the consumer must be given, rather than a formal label, but the contents are fixed:
- your name, home address and telephone number;
- the common or usual name of the food;
- the ingredients in descending order of predominance;
- the statement shown in the table above.
Where it goes:
- packaged food: a label on the package;
- bulk containers: a label on the container;
- unpackaged food: a placard at the point of sale;
- sold only online: on the web page where the item is offered;
- phone or custom orders: you may tell the customer verbally that the food was made in an exempt private residence and may contain allergens, and give the other details on request.
Make the label with the food label maker.
Worked example: a Nashville baker who sells cookies online and cheesecakes at the market
Prices are illustrative, as of October 2026. A home baker sells cookie boxes and sourdough on her ordering page for pickup or courier delivery, and sells cheesecakes in person at a Saturday market.
| Item | Amount |
|---|---|
| Online orders a month (cookies, sourdough) | 70, averaging US$22 |
| Online sales a year (70 × 12 × US$22) | US$18,480 |
| Cheesecakes sold in person a month | 30 at US$40 |
| Cheesecake sales a year | US$14,400 |
| Tennessee sales cap | None |
| Menuthere plan | Lite, US$17 a month: 70 orders a month is over the Free plan's 50, and Lite adds pre-orders and card payments |
| Stripe fee per US$22 online order (2.9% + 30¢) | about US$0.94 |
| Menuthere commission | US$0.00 |
The cheesecakes never appear on her ordering page, because TCS foods must be sold in person. Price each one in US dollars with the menu price calculator.
How to set up a Menuthere ordering page for Tennessee rules
- List only shelf-stable products online, with allergens ticked (allergens and nutrition, every plan).
- Put the disclosure on the page: add your name, home address, phone, ingredients and the statement to each product description, so it shows where the item is offered.
- Offer pickup and delivery in
Settings → Ordering → Order types(order types). Tennessee allows third-party carriers for shelf-stable foods, so you can also switch on the customer's own courier. - Take orders ahead with pre-orders on Lite and dishes that need notice, and connect Stripe to take cards.
Menuthere doesn't check Tennessee law for you; you choose the products and options. The Act doesn't exempt you from tax, so ask the Tennessee Department of Revenue about sales tax, and see our guide to sales tax on restaurant food.
Other states
Georgia uses almost the same disclosure model, Virginia bans sales to businesses, and Texas needs in-person delivery for online orders. Compare them all on the cottage food laws hub.
FAQs
Do I need a license to sell homemade food in Tennessee?
No. Under the Tennessee Food Freedom Act, homemade food items that meet the Act's conditions are exempt from state licensing, permitting and inspection, and the Tennessee Department of Agriculture doesn't issue permits or licenses for them.
What changed in Tennessee cottage food law in 2025?
From July 1, 2025, the Act also allows homemade foods that need time or temperature control, such as cheesecake. They can't contain raw milk, alcohol, fish, shellfish or meat, poultry is allowed only under federal exemptions, and they must be sold in person by you or your agent.
Can I sell cottage food online in Tennessee?
Yes, for shelf-stable foods. You can sell by phone or internet and deliver yourself or through an agent, a store or a third-party carrier, within Tennessee. Foods that need refrigeration must be sold in person.
What does a Tennessee cottage food label need?
Your name, home address and phone number, the food's common name, the ingredients in descending order, and the statement that the product was produced at a private residence exempt from state licensing and inspection and may contain allergens. Online-only items show this on the web page.
Can I sell homemade food to stores in Tennessee?
Yes, for shelf-stable foods. The Act allows an agent or a third-party vendor, such as a retail shop or grocery store, to sell them to consumers. Refrigerated homemade foods can only be sold in person by you or your agent.
Can I take Tennessee cottage food orders through Menuthere?
Yes. A free Menuthere ordering page takes up to 50 orders a month with 0% commission, and Lite (US$17 a month) adds pre-orders and card payments through your own Stripe account. List only shelf-stable items online and put the Act's disclosure in each description.
Sources (5)
- Tennessee Department of Agriculture, Tennessee Food Freedom Act (amended effective July 1, 2025 to allow certain TCS foods; exemption from licensing, permitting, inspecting, packaging and labeling laws; TDA issues no permits or licenses and conducts no inspections; enforcement under T.C.A. §53-1-201 if products fall outside the exemption): tn.gov/agriculture/consumers/food-safety/tennessee-food-freedom-act.html (accessed 20 Oct 2026)
- Tennessee General Assembly, Public Chapter No. 862 (2022), SB 693, the Tennessee Food Freedom Act as first enacted (definitions; sale and delivery conditions; disclosure contents and placement; phone and custom orders; intrastate only; tax law applies; local preemption; effective July 1, 2022): publications.tnsosfiles.com/acts/112/pub/pc0862.pdf (accessed 20 Oct 2026)
- Tenn. Code Ann. §53-1-118, current through the 2025 Regular Session (TCS conditions: no unpasteurized milk, alcohol, fish, shellfish or meat; poultry under 9 CFR 381.10(c) or (d); sold in person only), text as reproduced from the Tennessee Code by University of Tennessee Extension, Department of Food Science: foodscience.tennessee.edu/wp-content/uploads/sites/52/2025/12/TENN_53-1-118_FINAL.pdf (accessed 20 Oct 2026)
- University of Tennessee Extension, Tennessee Food Freedom Act 2025 (history; July 1, 2025 effective date; pH and water activity to separate TCS and non-TCS foods): foodscience.tennessee.edu/wp-content/uploads/sites/52/2026/03/Food-Freedom-Act-2025.pdf (accessed 20 Oct 2026)
- Stripe, US card pricing 2.9% + 30¢ per successful domestic card transaction (stripe.com geo-redirects to India from our location; figure taken from Stripe's US support pages): stripe.com/pricing (accessed 20 Oct 2026)