warebythe tennessee food freedom law, in plain english
what you can sell from your home kitchen in tennessee, who you register with, where you can sell, and what the label has to say. checked against the state’s own pages on october 14, 2026.
on this page
1at a glance2what you can sell3how to start4where you can sell5labels6what’s changed7good to know8questions9sourcesyes, you can sell food from your home kitchen in tennessee with no license, inspection or sales cap under the tennessee food freedom act. shelf-stable foods like bread, cookies and jam can be sold in person or online, shipped within tennessee, or sold through local shops. since july 1, 2025, foods that need refrigeration, like cheesecake, are allowed too, but you have to sell them in person. label everything with your name, address, phone number, ingredients and the required statement.
tennessee cottage food rules at a glance
| the law | tennessee food freedom act (tennessee code annotated, section 53-1-118) |
|---|---|
| who runs it | tennessee department of agriculture (tda) |
| registration | no no state registration |
| kitchen inspection | no |
| training | no |
| yearly sales cap | no sales cap |
| selling from your home | yes |
| selling at farmers markets and events | yes |
| selling online orders | yesshelf-stable foods only; foods that need refrigeration must be sold in person |
| selling delivering it yourself | yesshelf-stable foods can be delivered by you, an agent, a shop or a courier; refrigerated foods are sold in person |
| selling shipping within the state | yesshelf-stable foods only, by a third-party carrier |
| selling shipping to other states | nothe law only covers sales made within tennessee |
| selling to stores, cafes and restaurants | limitedshelf-stable foods can be sold through shops and grocery stores; restaurants, food trucks and caterers can’t use them |
what can you sell from home in tennessee?
you can sell
- bread, cookies and cakes
- candy and fudge
- jams, jellies and canned pickles
- granola, dry mixes and roasted coffee
- non-alcoholic drinks like lemonade
- cheesecake, cream pies and pimento cheese, sold in person
you can’t sell
- beef, pork and other red meat products
- fish and shellfish
- raw (unpasteurized) milk products
- alcoholic drinks
- sales to buyers in other states
these are examples, not the full list. check the tennessee department of agriculture (tda) before you sell something new.
how do you start a cottage food business in tennessee?
- no state registration. tennessee doesn’t ask cottage food sellers to register with the state. check your city or county for local rules, like zoning or a business license.
- label everything the way the law asks (below).
- start selling in the ways tennessee allows, and keep track of your sales if there’s a cap.
where and how can you sell in tennessee?
| from your home | yes |
|---|---|
| at farmers markets and events | yes |
| online orders | yesshelf-stable foods only; foods that need refrigeration must be sold in person |
| delivering it yourself | yesshelf-stable foods can be delivered by you, an agent, a shop or a courier; refrigerated foods are sold in person |
| shipping within the state | yesshelf-stable foods only, by a third-party carrier |
| shipping to other states | nothe law only covers sales made within tennessee |
| to stores, cafes and restaurants | limitedshelf-stable foods can be sold through shops and grocery stores; restaurants, food trucks and caterers can’t use them |
on wareby, food is always pickup or delivery by the shop, never a courier and never shipped, which fits the rules in every state. how to sell food online from home.
what goes on a cottage food label in tennessee?
“This product was produced at a private residence that is exempt from state licensing and inspection. This product may contain allergens.”
the statement tennessee requires on your label
the label also needs:
- your name, home address and phone number
- the product’s common name
- ingredients, from most to least by weight
what’s changed in tennessee, and what’s coming?
| when | what |
|---|---|
| july 1, 2025 | foods that need refrigeration, like cheesecake and cream pies, became allowed if you sell them in person; they can’t contain meat, fish, shellfish, raw milk or alcohol, and poultry is allowed only under federal exemptions |
| july 1, 2022 | the tennessee food freedom act took effect: shelf-stable homemade foods need no license or inspection, have no sales cap, and can be sold online, shipped within tennessee or sold through shops |
what else should you know in tennessee?
- the food has to be made, and packaged if it’s packaged, in your own home; a rented or shared kitchen needs a food manufacturing license from tda.
- if you take an order by phone or as a custom order, tell the buyer the food was made in a private home that’s exempt from state licensing and inspection and may contain allergens, and give them the label details if they ask.
- the law doesn’t exempt you from taxes, so check with the tennessee department of revenue about sales tax.
- cities and counties can’t ban or regulate homemade food sales that follow this law.
questions people ask
do i need a license to sell baked goods from home in tennessee?
no state registration is needed for cottage food in tennessee. check your city or county for local rules, like zoning or a business license.
can i sell cottage food online in tennessee?
yes. shelf-stable foods only; foods that need refrigeration must be sold in person.
can i ship cottage food in tennessee?
yes, within tennessee: shelf-stable foods only, by a third-party carrier. you can’t ship to other states. the law only covers sales made within tennessee.
how much can i sell from home in tennessee?
there’s no yearly sales cap.
can i sell to stores or coffee shops in tennessee?
with limits: shelf-stable foods can be sold through shops and grocery stores; restaurants, food trucks and caterers can’t use them.
what can’t i sell from home in tennessee?
the usual no’s: beef, pork and other red meat products, fish and shellfish, raw (unpasteurized) milk products, alcoholic drinks, sales to buyers in other states. check with the tennessee department of agriculture (tda) before you sell something new.
sources
- tennessee department of agriculture: tennessee food freedom act
- tennessee secretary of state: public chapter 862 (2022), tennessee food freedom act
- tennessee general assembly: sb 484 / hb 130 (2025), public chapter 431
- tennessee general assembly: senate amendment 1 (sa0263) to sb 484, enacted text
- university of tennessee extension: tenn. code ann. 53-1-118, current text
- university of tennessee extension: tennessee food freedom act 2025
this is general information to help you get started, not legal advice. we checked it against tennessee’s own pages on october 14, 2026, and laws change, so confirm with the tennessee department of agriculture (tda) (and your city or county) before you sell. spot something out of date? email hello@shopwareby.com.
we sold cinnamon rolls from home as minnesota cottage food producers before we opened a licensed kitchen and built wareby. our story