This is general information, not legal or tax advice. Permit and tax rules change, and your situation may differ. Always confirm current requirements with the official state agency linked in this guide, and consult a licensed attorney or tax professional for advice about your specific business.Last verified against official state sources: 2026-06-11
No: the statute exempts homemade food production and sales from all state licensing, permitting, inspecting, packaging, and labeling laws (except foodborne illness investigations). TDA issues no permits and conducts no inspections; there is no registration of any kind. Tennessee is the loosest framework in the country.
None.
Very broad: any food including non-alcoholic beverages produced at your private residence. All shelf-stable foods qualify (baked goods, jams, candy, dried goods, shelf-stable hot sauces and pickles), and since July 1, 2025 even refrigerated TCS foods are allowed, though TCS items cannot contain meat, fish, shellfish, unpasteurized milk, or alcohol, and may only be sold in person.
Alcoholic beverages are excluded entirely, and TCS foods cannot include meat, fish, shellfish, or unpasteurized milk (poultry only within federal small-flock exemptions). Meat products remain federally regulated regardless.
Intrastate only, but otherwise nearly anywhere: in person or remotely by phone or internet, through an agent or even a third-party retail shop or grocery store, delivered by you, an agent, or a carrier (so in-state shipping is fine). Tennessee is one of the few states allowing third-party retail sales of unlicensed homemade food. The 2025-authorized TCS foods are in-person sales only.
The consumer must receive: producer's name, home address, and phone; the food's common name; ingredients in descending order; and this exact statement: 'This product was produced at a private residence that is exempt from state licensing and inspection. This product may contain allergens.' Delivered via package label, bulk container label, point-of-sale placard, or the webpage for internet sales.
The Act expressly does not exempt producers from tax law. Grocery-type items are taxed at Tennessee's reduced 4 percent state rate plus local; candy and prepared food are taxed at the full 7 percent plus local, which catches fudge, brittle, and similar fair staples. Register with the Department of Revenue and collect at the rate matching your product type.
The Act preempts counties and municipalities from prohibiting or regulating homemade food production and sales; local permits cannot be required for the food itself.
Products falling outside the Act's exemptions face standard Food, Drug and Cosmetic Act enforcement: embargo, condemnation, and Class C misdemeanor liability for adulterated or misbranded food.
Selling non-food crafts too? See the Tennessee craft fair permit and sales tax guide.
Yes, under Tennessee Food Freedom Act (Tenn. Code Ann. 53-1-118, enacted 2022, expanded July 1, 2025 to allow TCS foods). No: the statute exempts homemade food production and sales from all state licensing, permitting, inspecting, packaging, and labeling laws (except foodborne illness investigations). TDA issues no permits and conducts no inspections; there is no registration of any kind. Tennessee is the loosest framework in the country.
Very broad: any food including non-alcoholic beverages produced at your private residence. All shelf-stable foods qualify (baked goods, jams, candy, dried goods, shelf-stable hot sauces and pickles), and since July 1, 2025 even refrigerated TCS foods are allowed, though TCS items cannot contain meat, fish, shellfish, unpasteurized milk, or alcohol, and may only be sold in person. Alcoholic beverages are excluded entirely, and TCS foods cannot include meat, fish, shellfish, or unpasteurized milk (poultry only within federal small-flock exemptions). Meat products remain federally regulated regardless.
No. Tennessee places no annual cap on cottage food sales.
Intrastate only, but otherwise nearly anywhere: in person or remotely by phone or internet, through an agent or even a third-party retail shop or grocery store, delivered by you, an agent, or a carrier (so in-state shipping is fine). Tennessee is one of the few states allowing third-party retail sales of unlicensed homemade food. The 2025-authorized TCS foods are in-person sales only.
The consumer must receive: producer's name, home address, and phone; the food's common name; ingredients in descending order; and this exact statement: 'This product was produced at a private residence that is exempt from state licensing and inspection. This product may contain allergens.' Delivered via package label, bulk container label, point-of-sale placard, or the webpage for internet sales.
The Act expressly does not exempt producers from tax law. Grocery-type items are taxed at Tennessee's reduced 4 percent state rate plus local; candy and prepared food are taxed at the full 7 percent plus local, which catches fudge, brittle, and similar fair staples. Register with the Department of Revenue and collect at the rate matching your product type.
Browse upcoming craft fairs and markets in Tennessee with booth fees and application deadlines, and use the booth ROI calculator to plan a profitable season.
Last verified: 2026-06-11. Spotted something out of date? Let us know.