Tennessee Cottage Food Law: What's Covered And What's Not

Tennessee's Cottage Food Laws and Regulations outline the rules and requirements for selling homemade food in the state. The laws were first enacted in 2007 and have since undergone several amendments, with the most recent changes taking place in 2022. These laws apply to individuals who want to produce and sell food from their home kitchens, also known as cottage food operations or domestic kitchens. The laws specify the types of food that can be sold, the venues where they can be sold, and the labelling and safety requirements that must be followed.

What foods are covered by the Tennessee Cottage Food Law?

The Tennessee Food Freedom Act, which came into effect on July 1, 2022, allows homemade food businesses to sell their products directly to consumers within the state. The Act covers non-Time and Temperature Control for Safety (non-TCS) food products, which do not contain meat, poultry, fish, or whole eggs and do not require refrigeration for safety.

Non-TCS food products that can be sold under the Tennessee Cottage Food Law include:

• Baked goods that do not require refrigeration, such as bread, cakes, cookies, and pastries.
• Jams, jellies, and preserves.
• Candy.
• Dried fruits and vegetables.
• Dried spices and herbs.
• Honey.
• Oils.
• Dried pasta and noodles.
• Coffee beans and tea leaves.
• Nuts and seeds.
• Granola.
• Fruit leathers.

It is important to note that prohibited foods under the Tennessee Cottage Food Law include any food that requires refrigeration, pickled items, foods containing meat or poultry, sauces, and perishable baked goods.

Where can you sell Tennessee Cottage Food?

Tennessee's cottage food laws allow for a wide range of sales options for homemade food producers. The state's Food Freedom Act, which came into effect in July 2022, has made it easier for small businesses to sell their products directly to consumers within Tennessee.

Cottage food producers in Tennessee can sell their goods in several places and through various means. They are allowed to sell directly to consumers by almost any means, including online sales, delivery or pickup services, and at farmers' markets or roadside stands. This direct-to-consumer model is a significant advantage for small businesses.

The 2022 reforms also expanded sales opportunities by allowing cottage food businesses to sell their products at retail outlets, including restaurants and supermarkets. This means that, in addition to direct sales, cottage food producers can now supply their products to wholesale and reach a wider customer base.

It is important to note that all sales and deliveries must be within the state of Tennessee. Additionally, while there is no sales limit, license, or inspection requirement for cottage food businesses, they must adhere to good manufacturing practices and product labelling requirements.

What are the labelling requirements?

Tennessee's cottage food law has specific labelling requirements that must be met for food items to be sold. All food items must be properly labelled before they are sold and must include the following:

• The name, street address, city, state, and ZIP code of the manufacturer, packer, or distributor.
• The name of the food product.
• The net amount of food in the package, in both Imperial and Metric units (grams and ounces).
• A list of ingredients in order of weight, with sub-ingredients listed for any ingredient that has more than one.
• Lot dates or numbers for traceability in the event of a market withdrawal.
• A statement declaring that the product was produced in a private residence that is exempt from state licensing and inspection and may contain allergens.

If items are sold from a bulk container, the label must be placed on the container. If the products are not packaged or sold from a bulk container, the label must be placed on a placard at the point of sale. For online sales, the labelling information must be displayed on the website. For phone or custom orders, customers must be informed that the product is homemade and may contain allergens, and other labelling information must be provided upon request.

How do you start a Tennessee Cottage Food business?

Starting a Tennessee cottage food business is a straightforward process, thanks to the state's Food Freedom Act, which came into effect in July 2022. This law allows homemade food businesses to sell their products directly to consumers within the state, without the need for a license or inspection. Here is a step-by-step guide on how to start your own Tennessee cottage food business:

• Contact your local city or county office to verify if a business license is required. You can do this by calling your city's main number and inquiring about the requirements for starting a cottage food business.
• Choose the food items you will offer from the list of "allowed" food types. Tennessee law permits the sale of non-potentially hazardous foods, which do not require time and temperature control for safety (TCS). Examples include baked goods, candies, jams, jellies, dried fruits and vegetables, and certain shelf-stable products.
• Check with your local city or county for any zoning restrictions that may apply to your business.
• Obtain a local business license from your city or county.
• Get labels made for your products. The labels must include specific information, such as the name and address of the producer, a list of ingredients, and a statement indicating that the product was produced in a private residence and may contain allergens.
• Start baking, cooking, marketing, and selling your products. You can sell your items directly to consumers through various means, including online, phone, delivery, farmers' markets, roadside stands, and retail stores.

It is important to note that Tennessee cottage food laws have specific requirements and restrictions. For example, food items must not require refrigeration for safety, and certain foods, such as meat, poultry, and products requiring refrigeration, are prohibited. Additionally, it is recommended to follow safe handling practices and obtain food safety certifications to protect yourself and your customers.

What foods are prohibited under the Tennessee Cottage Food Law?

The Tennessee Food Freedom Act, which came into effect on July 1, 2022, allows homemade food businesses to sell directly to consumers within the state. However, there are certain foods that are prohibited under the Tennessee Cottage Food Law.

Firstly, only "non-potentially hazardous" foods are allowed under the Tennessee Cottage Food Law. This means that foods that are prone to supporting the growth of harmful bacteria or require stringent controls to ensure a safe product are prohibited.

Examples of prohibited foods under this category include:

• Refrigerated baked goods, such as cream or custard-filled pastries, pumpkin pie, and flan.
• Time or Temperature Controlled Foods (TCS) that require refrigeration for safety, such as meat, poultry, fish, and eggs.
• Finished dairy products, including fluid milk, yogurt, butter, and soft cheese.

It is important to note that while eggs, milk, and dairy products are not allowed, they may be acceptable if used in other products. Additionally, many prohibited foods that are baked or cooked into allowed foods may be rendered harmless and therefore permitted.

Secondly, the Tennessee Cottage Food Law only applies to food produced and packaged in a private residence. If food is produced in a community kitchen, restaurant, church, or commercial facility, a food manufacturing license from the Tennessee Department of Agriculture is required, regardless of whether the food is TCS or non-TCS.

In summary, the Tennessee Cottage Food Law prohibits foods that are considered potentially hazardous, such as those that require refrigeration or can support the growth of harmful bacteria. It also specifies that only food produced in private residences is covered by the law.

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