The Tennessee Food Freedom Act can create new ways to sell certain foods made at home, but it is a conditional exemption—not blanket approval for every farm product or sales channel. Since July 1, 2025, the law has covered certain time/temperature-controlled foods as well as non-time/temperature-controlled foods, subject to exclusions, federal limits, sales-route rules, consumer disclosures, and temperature handling for transported items.
What the Tennessee Food Freedom Act does
The Tennessee Department of Agriculture (TDA) also refers to the law as the Tennessee Cottage Food Law or Cottage Food Industry Act. Qualifying homemade foods produced under the act are generally exempt from state licensing, permitting, inspection, packaging, and labeling requirements. The exemption has conditions, and the Department of Health may investigate a reported foodborne illness. TDA says, “We therefore do not issue permits, licenses, or conduct inspections for products made under this law.” (TDA guidance.)
Public Chapter 431, enacted as SB0484, took effect July 1, 2025. It expanded the definition to include certain time/temperature-controlled foods made at a producer’s private residence. It did not remove the law’s exclusions or other conditions. (General Assembly bill summary; TDA guidance.)
What foods can I sell under the act?
The key distinction is whether the food is time/temperature-controlled. The law’s rules differ by category, and the label alone does not settle whether a particular recipe qualifies. TDA does not determine whether an individual product or business is covered; it recommends that operators seek private legal counsel for product-specific questions.
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Non-time/temperature-controlled foods
The original act allows qualifying foods to be sold directly by the producer to consumers in person or remotely, including by telephone or internet. An agent or third-party vendor, such as a retail shop or grocery store, may also sell the food to consumers. Delivery may be handled by the producer, an agent, a third-party vendor, or a third-party carrier. Apply these provisions alongside the current act, including the 2025 amendment. (Original act text; 2025 amendment.)
Time/temperature-controlled foods
The 2025 amendment permits certain foods in this category, but excludes unpasteurized milk and foods that are, or contain, alcoholic beverages, fish, shellfish products, meat, meat byproducts, or meat food products. Poultry products are allowed only to the extent federal law permits, including under the specific federal poultry exemptions identified in the amendment. (2025 amendment.)
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- 【Multi-function operation】: Supports unit conversion between KG and LB, with LB as the default unit. It offers functions such as pricing, counting, accumulation, and change calculation, catering to different commercial needs.
- 【Battery and charger】: The product has a built-in battery and a charger (US plug). The input voltage ranges from 100 to 240 volts for convenient charging. Fully charge the scale before first use and every 3 months when not in use to protect the battery（If the product is beeping to alert you that it is out of power, please charge it promptly.）
For these foods, the specified sales routes are in person: the producer may sell directly to the consumer, or the producer’s agent may do so—for example, at a farm stand on the property where the food was prepared. The amendment also requires appropriate temperature maintenance when a covered item is transported before final delivery. Do not assume that a refrigerated food, a particular poultry product, or an online marketplace sale is automatically permitted. Product classification, federal rules, and the exact transaction matter. (2025 amendment.)
How sales channels differ
The table summarizes the routes described in the act’s original text and the 2025 amendment. Eligibility still depends on the food and the law’s other requirements.
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| Question | Non-time/temperature-controlled food | Time/temperature-controlled food |
|---|---|---|
| Who may sell? | Producer, agent, or third-party vendor | Producer or the producer’s agent |
| Where or how may it be sold? | In person or remotely, including by telephone or internet | In person |
| Who may deliver? | Producer, agent, third-party vendor, or third-party carrier | The amendment specifies in-person sales and appropriate temperature handling during transport before final delivery; do not assume the broader delivery options apply. |
| Important limits | Must qualify under the act and meet applicable consumer-information requirements | Excluded foods and federal restrictions apply; production date and temperature handling requirements also apply |
(Original act text; 2025 amendment.)
What information must consumers receive?
The General Assembly’s summary of the 2025 change describes consumer information that includes the producer’s name, home address, and telephone number; the food’s common or usual name; and ingredients listed in descending order of predominance. It also specifies the statement: “This product was produced at a private residence that is exempt from state licensing and inspection. This product may contain allergens.” For time/temperature-controlled homemade food, the summary describes providing the production date. The exact way this information must be provided can depend on the food’s presentation and sales channel, so check the enacted text. (General Assembly bill summary; 2025 amendment.)
How to assess a product and sales plan
- Identify the production setting. Confirm where the food is made and whether it is produced at the producer’s private residence, as the act requires.
- Classify the food. Determine whether it is time/temperature-controlled; do not rely on a broad product name or assumption.
- Screen for exclusions and federal limits. Check ingredients and product type, especially for dairy, meat, seafood, alcohol, and poultry.
- Match the sales route to the category. Check whether the intended seller, location, and ordering method are permitted for that food.
- Prepare disclosures and handling procedures. Provide the required consumer information, and plan for appropriate temperature maintenance during applicable transport.
- Get product-specific advice before committing money. TDA does not issue individual approvals. Obtain qualified legal advice before investing in packaging, equipment, or expansion based on an uncertain eligibility question.
This is a practical way to organize the statutory conditions, not a legal determination. (TDA guidance; 2025 amendment; Original act text.)
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Does the Produce Safety Rule apply to a small farm?
Possibly, but it is a separate compliance question from whether a homemade food qualifies under the Food Freedom Act. The Produce Safety Rule concerns covered produce-growing, harvesting, packing, or holding activities; coverage and exemptions depend on produce type, sales, and qualified-end-user criteria. TDA describes covered-farm status using produce sales over $25,000 averaged over the previous three years and adjusted for inflation. It also describes a qualified exemption for a farm with less than $500,000 in average annual food sales over the previous three years when qualified-end-user sales exceed sales to all others combined. Qualified end users include consumers or qualifying restaurants and retail food establishments in the same state or reservation, or no more than 275 miles away. These thresholds and criteria concern the Produce Safety Rule, not eligibility under the Food Freedom Act. Check TDA’s current overview for details. (TDA Produce Safety Rule overview.)
What the opportunity does—and does not—establish
The act may make a viable sales route possible for an operator whose food and transaction meet its requirements. It does not itself establish that a particular product is eligible, that every channel is open, or that a farm will earn additional revenue. The cited official materials provide no estimate of newly eligible farms or expected economic gains. TDA’s guidance is a description of the exemption, not a permit or individualized product approval.
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