Tennessee cottage food law
Tennessee cottage food bakers: Sell legally under the Food Freedom Act
Tennessee's Food Freedom Act (codified at T.C.A. § 53-1-118) lets home-based food sellers operate without a commercial kitchen license — with no statutory revenue cap, but a defined non-TCS allowable-foods list and specific labeling requirements. CottageOps reads Tennessee rules and configures everything from labels to allergen enforcement automatically.
What Tennessee's Food Freedom Act actually says
Tennessee's home-baking framework lives in Tennessee Code Annotated § 53-1-118, with the most recent amendments under the Food Freedom Act (HB 130 amendment, effective July 1, 2025), administered by the Tennessee Department of Agriculture (TDA). Tennessee is unusual among cottage food states in that it does not impose a fixed dollar revenue cap — the regulatory line is drawn around food categories (TCS vs non-TCS) and sales channels (direct vs indirect) rather than around revenue.
Under the Food Freedom Act, Tennesseans can sell a wide range of non-TCS (non-time-temperature-controlled-for-safety) baked goods, candies, jams, jellies, herbs, dried mixes, and similar low-risk foods directly to consumers — at farmers markets, online to in-state customers, in-person, and via direct pickup or delivery. The state requires labeling, allergen disclosure, and an appropriate "domestic kitchen" or "home-based food" disclosure on every product per current TDA guidance.
Tennessee Food Freedom Act at a glance
- Revenue cap
- None statutorily. (But: if you cross thresholds that trigger TN sales tax permit requirements, you have additional filings.)
- License required
- No state license, no registration, no inspection (for non-TCS foods sold direct-to-consumer)
- Where you can sell
- Direct to consumers in Tennessee — farmers markets, your home, online to Tennessee customers, direct delivery
- Where you cannot sell
- Wholesale to retail stores, restaurants, or institutions (without a commercial kitchen license)
- Mandatory label disclosure
- Per current TDA guidance — typically a "made in a domestic kitchen" or equivalent statutory phrase. CottageOps places the current approved wording.
- Allowable foods
- Non-TCS only. Baked goods (no cream/custard), candies, jams, jellies, dried mixes, dried herbs, granola, popcorn, and similar low-risk categories. NO meat, dairy, fresh juice, or TCS foods.
What CottageOps does for Tennessee bakers
When you select Tennessee as your state during signup, CottageOps configures itself for the Food Freedom Act:
- Statutory label disclosure added automatically to every product label, using the current TDA-approved wording.
- TCS-flag awareness. When you create a product, the wizard asks about ingredients (cream, dairy, meat, fresh produce). If the answer is TCS, the product won't publish — because under Tennessee's Food Freedom Act, TCS foods are not allowed for direct home-based sale.
- Allergen disclosure required on every product before publish.
- Direct-sales-only sales channel. No wholesale module enabled.
- No statutory revenue cap, but tax tracking. Tennessee's no-cap rule is a freedom; the dashboard still totals your gross sales for sales-tax-permit and accountant purposes.
Watch out for
- TCS is the line, not revenue. Tennessee's freedom on revenue is balanced by strictness on food categories. If you want to sell anything with cream filling, custard, fresh meat, or similar, you need a commercial kitchen license — there is no Food Freedom Act path for it.
- The label disclosure is mandatory and statutory. Our generator uses current TDA-approved wording. If you design a custom label, copy our disclosure exactly.
- Sales tax permit may apply. Tennessee's no-revenue-cap design doesn't exempt you from state sales tax. Crossing the TN sales-tax-permit threshold requires registration with the TN Department of Revenue. CottageOps tracks the data; you (or your accountant) file the tax return.
- Out-of-state shipping crosses federal jurisdiction. Tennessee's law governs in-state direct sales. Shipping to a customer in Kentucky is interstate commerce and not covered. Our shipping flow defaults to in-state.
Ready to sell legally in Tennessee?
CottageOps configures itself for the Tennessee Food Freedom Act with the right disclosure, TCS-flag awareness, allergen enforcement, and direct-sales-only flow — no statutory revenue cap, but full tax-data tracking for your accountant. $19/month flat. No transaction fees. 30 days free.
Start your 30-day free trialTennessee cottage food FAQ
Is there really no revenue cap in Tennessee?
Correct — Tennessee's Food Freedom Act framework does not impose a statutory revenue cap on cottage food sales. The line is non-TCS food category and direct-to-consumer sales. Once you cross those lines (TCS food, wholesale sales), you need a commercial kitchen license regardless of revenue.
Do I need a license to sell cottage food in Tennessee?
No state license is required for non-TCS direct-to-consumer sales. A food handler training is recommended (some farmers markets require it as a vendor condition).
Can I sell at multiple Tennessee farmers markets?
Yes. The Food Freedom Act covers direct-to-consumer sales at farmers markets statewide. Some markets impose vendor requirements (insurance, food handler training); those are market-by-market.
Can I sell my Tennessee cottage food online?
Yes, to Tennessee customers, via direct online sales + in-state pickup/delivery. Interstate shipping is generally not covered by the Food Freedom Act.
What about cream cheese frosting on my carrot cake?
Cream cheese frosting is generally TCS and excluded from Tennessee cottage food. You'd either reformulate (a stable buttercream is fine) or transition to a commercial kitchen license.
Do I need to charge Tennessee sales tax?
Tennessee requires sales tax collection on most cottage food sales. Once you cross the sales-tax-permit threshold, you register with the TN Department of Revenue and file periodic returns. CottageOps tracks the gross sales data needed for the return.
Selling in another state? Read our state-specific guides:
Try CottageOps free for 30 days.
No revenue cap to track in Tennessee, but every other Food Freedom Act rule (TCS line, allergen disclosure, statutory label) handled. Cancel anytime; the most-recent month is refundable.
Start your 30-day free trialLast verified: 2026-05-09. Not legal advice — confirm cottage-food requirements with the Tennessee Department of Agriculture.