United States · TN

Tennessee

Tennessee Food Freedom Act (homemade food items)

Informational only — not legal advice. Verify every requirement with the official agency cited below before producing or selling food.

At a glance

Administering agency

Tennessee Department of Agriculture (TDA)

TDA administers the law only to the extent it carves out an exception to the Food, Drug, and Cosmetic Act, and issues no permits or licenses for it. The Department of Health investigates reported foodborne illness.

Source: Tennessee Dept. of Agriculture — Tennessee Food Freedom Act · Verified Oct 5, 2026

Permit required

Production and sale of homemade food items are exempt from all state licensing, permitting, inspecting, packaging, and labeling laws, except when the Department of Health is investigating a reported foodborne illness. TDA: "We therefore do not issue permits, licenses, or conduct inspections for products made under this law."

Source: 2022 Tenn. Pub. Acts ch. 862 (SB 693, Tennessee Food Freedom Act), codified at T.C.A. § 53-1-118, § 3(a) · Verified Oct 5, 2026

License cost

None

TDA does not issue permits or licenses for products made under the Food Freedom Act, so there is no state fee.

Source: Tennessee Dept. of Agriculture — Tennessee Food Freedom Act · Verified Oct 5, 2026

Annual sales cap

No cap

No sales limit appears in the Food Freedom Act (2022 Pub. Ch. 862), its 2025 amendment (Pub. Ch. 431), or TDA's Food Freedom Act page.

Source: 2022 Tenn. Pub. Acts ch. 862 (SB 693, Tennessee Food Freedom Act), codified at T.C.A. § 53-1-118 · Verified Oct 5, 2026

Training required

Neither the Food Freedom Act nor its 2025 amendment contains a training requirement, and the exemption covers all state licensing and permitting laws.

Source: 2022 Tenn. Pub. Acts ch. 862 (SB 693, Tennessee Food Freedom Act), codified at T.C.A. § 53-1-118 · Verified Oct 5, 2026

Home inspection

Exempt from all state inspecting laws, except when the Department of Health is investigating a reported foodborne illness. TDA may take enforcement action against homemade food products in the marketplace that fall outside the law's exemptions.

Source: Tennessee Dept. of Agriculture — Tennessee Food Freedom Act · Verified Oct 5, 2026

Permit details

How it works

No license, permit, registration, or inspection. Food must be produced (and, if packaged, packaged) at the producer's private residence, sold within Tennessee, and carry the required consumer information and disclaimer. The law preempts counties, cities, and other local jurisdictions from prohibiting or regulating the production and sale of homemade food items.

"Homemade food item" means a food item, including a non-alcoholic beverage, produced and, if packaged, packaged at the producer's private residence. The exemption doesn't apply to sales other than intrastate sales and doesn't exempt producers or sellers from tax law.

Source: 2022 Tenn. Pub. Acts ch. 862 (SB 693, Tennessee Food Freedom Act), codified at T.C.A. § 53-1-118, §§ 2–3 · Verified Oct 5, 2026

Allowed foods

Allowed

Any homemade food item that does not require time/temperature control for safety (non-TCS), including non-alcoholic beverages, produced at the producer's private residence
Since July 1, 2025: time/temperature control for safety (TCS) homemade food items, sold only in person, unless they are or contain an item on the prohibited list

The law has no list of allowed foods: it covers any "homemade food item" (2022 Pub. Ch. 862, § 2), and "produce" includes cooking, baking, drying, mixing, cutting, fermenting, preserving, dehydrating, growing, and raising. TDA: the 2025 amendment allows "the production and sale of certain time/temperature controlled food items." TDA cannot advise on whether a specific product qualifies.

Source: 2025 Tenn. Pub. Acts ch. 431 (SB 484 / HB 130), amending T.C.A. § 53-1-118, § 4 (T.C.A. § 53-1-118(b)(3)) · Verified Oct 5, 2026

Prohibited

TCS homemade food items that include unpasteurized milk, or that are or contain alcoholic beverages, fish, shellfish products, meat, meat byproducts, or meat food products
TCS homemade food items with poultry, unless the producer qualifies for the federal 1,000-poultry exemption (9 CFR 381.10(c)) or uses only inspected and passed poultry under 9 CFR 381.10(d)
TCS homemade food items beyond what federal law permits

These limits apply to TCS foods. The statute lists no prohibited non-TCS foods.

Source: 2025 Tenn. Pub. Acts ch. 431 (SB 484 / HB 130), amending T.C.A. § 53-1-118, § 4 (T.C.A. § 53-1-118(b)(3)(A)–(B)) · Verified Oct 5, 2026

Labeling requirements

On every package

Name, home address, and telephone number of the producer
Common or usual name of the homemade food item
Ingredients in descending order of predominance
"This product was produced at a private residence that is exempt from state licensing and inspection. This product may contain allergens."

The information goes on a label on the package, on a label on the bulk container, on a placard at the point of sale if the item is neither packaged nor sold from a bulk container, or on the webpage if sold only online. For telephone or custom orders, the seller need not display it but must tell the consumer the item was produced at a private residence exempt from state licensing and inspection and may contain allergens, and must provide the name/address/phone, product name, and ingredients on request. 2025 Pub. Ch. 431 renumbered these subdivisions without changing them.

Source: 2022 Tenn. Pub. Acts ch. 862 (SB 693, Tennessee Food Freedom Act), codified at T.C.A. § 53-1-118, § 3(b)(3)–(4) (now T.C.A. § 53-1-118(b)(4)–(5)) · Verified Oct 5, 2026

Sales channels

Where you can sell: In person: Yes
Farmers market: Not addressed
Online (in-state): Yes
Online (out-of-state shipping): No — not authorized
Delivery (in-state): Yes
Retail / wholesale resale: Yes
Non-TCS foods may be sold by the producer to the consumer in person or remotely (e.g., by telephone or internet), or by an agent of the producer or a third-party vendor such as a retail shop or grocery store; they may be delivered by the producer, an agent, a third-party vendor, or a third-party carrier. TCS foods may be sold only in person, by the producer or by an agent of the producer (e.g., a farm stand on the property where the food was prepared) — no online, remote, or retail-store sales. The law doesn't name farmers markets; it sets no location limit on in-person sales. The exemption applies only to intrastate sales within Tennessee.
Source: 2022 Tenn. Pub. Acts ch. 862 (SB 693, Tennessee Food Freedom Act), codified at T.C.A. § 53-1-118, § 3(b)(1)–(2), (c)(5); TCS rules: 2025 Pub. Ch. 431, § 4 · Verified Oct 5, 2026

Caveats

TDA does not advise on whether a specific product qualifies; it refers questions to private legal counsel.
Perishable (TCS) foods have been allowed only since July 1, 2025, and only for in-person sales.
Producers and sellers are not exempt from tax law.
TCS foods may be sold only to the extent federal law permits (e.g., federal poultry exemptions).

Official sources

Page last reviewed: 2026-10-05

Tennessee

At a glance

Permit details

Allowed foods

Labeling requirements

Sales channels

Caveats

Official sources

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