Cottage food rules
Tennessee Cottage Food Law: What Home Bakers Can Sell
The Tennessee rules in plain words, so you know what you can bake and who you can sell it to.
On this page
What to remember
- The law has three names: Tennessee Food Freedom Act, Tennessee Cottage Food Law, and Cottage Food Industry Act.
- It is an exemption from state food manufacturing rules for homemade food made and sold in Tennessee.
- Homemade items cannot contain dairy, meat, or poultry.
- You sell to the consumer yourself, in person or remotely.
- Tennessee sets no dollar limit on cottage food sales.
If you bake from your own kitchen in Tennessee and sell to people outside your family, this is the rule set that decides what goes in the box. Start with the plain version, then look at the two places home bakers get caught: what is in the bake, and who it is sold to. Our guide to Tennessee cottage food labels covers what needs to travel with each order.
What the Tennessee Food Freedom Act actually is
The state agriculture department is clear that the Tennessee Food Freedom Act is also called the Tennessee Cottage Food Law, and sometimes the Cottage Food Industry Act. Three names, one set of rules. It works as an exemption in the state’s food manufacturing regulations, so homemade food items produced and sold in Tennessee are handled under that exemption rather than as ordinary manufactured food.
The exemption is written into Tennessee Code Annotated section 53-1-118. That matters for one practical reason. When someone asks you a question you cannot answer, or a venue asks for something in writing, you can point to the section and the state page instead of repeating what a friend told you. Keep the link saved on your phone.
What you can sell, and who you sell it to
Under SB 484 and HB 130, the exemption covers homemade food items that do not contain dairy, meat, or poultry, and those items must be sold by the producer to the consumer, whether in person or remotely. In everyday words, you make it and the person eating it buys it from you. Remote sales count, so a pickup at your door and an order arranged ahead of time both fit the wording.
That gives you a two part test before any bake goes on your menu. First, does it contain dairy, meat, or poultry. Second, does it go straight from you to the person who eats it. A bake that clears one test and fails the other is not covered, so it is worth checking the recipe before you take the order rather than after.
There is no dollar cap on your sales
Tennessee sets no dollar limit on cottage food sales. You are not counting toward a yearly ceiling and you are not stopping at a set figure partway through the season. That changes how you plan. Without a number to bump into, your real limits are your calendar, your oven, and how many orders you can finish well in a week.
Because there is no cap, the number that decides whether this pays is your price, not your volume. Price each bake from what the batch actually costs you, then let the orders fill in behind that. If you are also deciding how to take orders, this roundup of home bakery apps compares the options fairly.
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Before your next market day
Write down two questions and run every bake through them: does this contain dairy, meat, or poultry, and does it go from me to the person eating it. Keep the state page and the code section where you can find them in seconds, because customers and venues do ask. Then get back to the part you are good at, which is the baking.
Rules like this one get read and reread, and the wording is what counts, not the summary. Confirm anything you are unsure about with the Tennessee Department of Agriculture before you take a paid order on it.
Common questions
Is the Tennessee Cottage Food Law the same as the Food Freedom Act?
Yes. The state agriculture department notes that the Tennessee Food Freedom Act is also commonly called the Tennessee Cottage Food Law, and it is sometimes called the Cottage Food Industry Act. All three names point to the same rules.
How much am I allowed to sell in Tennessee?
Tennessee sets no dollar limit on cottage food sales. There is no yearly ceiling to track and no figure at which you have to stop.
Can I sell remotely, or does it have to be face to face?
Under SB 484 and HB 130, homemade food items must be sold by the producer to the consumer, whether in person or remotely. Remote sales are part of the wording.
What ingredients are off limits?
The exemption covers homemade food items that do not contain dairy, meat, or poultry. Check your recipe against that list before you add a bake to your menu.
Where is the law written?
The exemption is written into Tennessee Code Annotated section 53-1-118, and the state agriculture department publishes a page explaining the Tennessee Food Freedom Act.
Sources
This is general information about the law, not legal advice. Rules can change, so confirm the current wording with the Tennessee Department of Agriculture before you rely on it for a paid order.