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Tennessee Cottage Food Laws and Regulations: How to sell your homemade foods in Tennessee, updated for 2024
Tennessee Cottage Food Laws, Regulations and Facts
Date of the enactment of the first Tennessee cottage food law:
January, 2007
The law was updated, effective June 17, 2017, and then again 2022,
see this PB1909 fact sheet.
The changes in 2022 allow:
- Cottage food businesses can also hire full-time employees and sell at retail outlets.
- Farmers' markets: Poultry, rabbits, and eggs can be sold at farmer's markets or roadside stands if the vendor complies with certain
requirements.
- Grocery stores: Homemade food products can be sold at grocery stores.
- Events: Homemade food products can be sold at events.
The law as changed in 2022 also:
- Bans municipalities from imposing additional regulations on cottage food businesses
- Allows homemade food businesses to accept orders online and ship within Tennessee
Which foods are subject to the Tennessee Cottage Food law?
Only foods considered non-potentially hazardous can be made in
home kitchens. Homemade food: Non-TCS foods like baked goods, candy, jams, and jellies can be produced at home and sold in Tennessee without a food
manufacturing license or permit from the Tennessee Department of Agriculture. (TCS): A food that requires time and temperature control
for safety
Non-potentially hazardous foods are those foods that do not support the
growth of harmful bacteria and the processing steps do not require
stringent controls to assure a safe product. It should be understood
that while these foods are inherently lower risk, it does not mean
that they are without risk. They are still prone to
cross-contamination from other foods in the kitchen or
allergens.
Allowed foods
Examples of these foods are:
Prohibited foods
. Potentially hazardous food products that cannot be made in a
home kitchen include:
- Pickled vegetables and eggs.
- Sauces and dressings.
- Products that contain meat or poultry.
- Any food that must be refrigerated.
- Some fermented foods like sauerkraut and kombucha (under
0.5% alcohol, and canned, see the table below)
This chart provides examples and reasons why some foods are allowed (non-TCS) and others are not allowed (TCS)
Where may you produce and/or package the food
Products must be processed at a private residence.
Producers using a location other than a private residence such as a community kitchen, restaurant, church or commercial facility are required to
obtain a food manufacturing license from the Tennessee Department of Agriculture regardless of whether the food is TCS or non-TCS.
If your food product does not meet the definition of a Cottage
Food:
Don't give up. You may still be able to make and sell it commercially,
through a startup approach.
First, you may be able to rent space in a local licensed commercial kitchen.
Second, if that doesn't work, you may be able to get a co-packer to make the food for you.
See this page for detailed information about selling foods that do
not meet the Cottage Food definition
Definitions:
- "Domestic Kitchen" is a home based kitchen
that meets the established requirements herein in order to
process non-potentially hazardous foods for sale to the general
public.
- "Non-potentially hazardous foods" are jam,
jellies, candy and baked goods that do not meet the definition
of potentially hazardous foods.
- pH: pH is a measure of the degree of acidity or alkalinity of a solution. Values between 0 and 7 indicate acidity and values between
7 and 14 indicate alkalinity. The value for pure distilled water is 7, which is considered neutral. Typically, “low” pH/acidic foods (pH < 4.6)
are less likely to cause foodborne illness because they prevent the growth of many pathogenic microorganisms.
- "Potentially hazardous food" are those
foods which consist of meat, poultry, liquid eggs and partially
cooked egg products, fish, milk and milk products, shellfish,
partially cooked bakery products and/or other ingredients
capable of supporting rapid and progressive growth of infectious
or toxigenic micro-organisms when stored at temperatures in
excess of 45 degrees F, if a cold food or below 140 degrees F,
if a hot food. Also included as potentially hazardous food, are
low acid canned foods (vegetables, fish, meat, etc.) and
acidified foods (pickled vegetables, fish, meat, eggs, etc.).
- Time and Temperature Control for Safety Food (TCS): A food that requires time and temperature control for safety (TCS) to limit
pathogenic microorganism growth or toxin formation.
- Non-Time and Temperature Control for Safety Food (non-TCS): A food that does not require time and temperature control for safety to
limit the rapid and progressive growth of infectious or toxigenic microorganisms. Most shelfstable foods, i.e., those adequately preserved and
stored under non-refrigerated temperatures, are considered non-TCS. However, these definitions may vary slightly by state, especially when
applied to cottage food production.
- "Unit of sale" is the form of
packaging in which the product is normally offered for sale to
the consumer (e.g., 1 loaf of bread, 1 dozen cookies, 1 pie [or
piece thereof, as applicable], 1 container of jelly, etc.)
- Water Activity (Aw): A measure of the availability of water for microbiological growth. Aw ranges from 0 (a completely dried product)
to 1.0 (pure water). Water activity is related to the equilibrium relative humidity of air around the food product if sealed within a package.
Aw values < 0.85 can be used to prevent the growth of most microorganisms.
Licensing
There is no Registration, Permit, or License Requirement . This
changed with the 2017 amendments. The Tennessee cottage food laws are for
those individuals who elect to forgo inspection and permitting - but must
meet certain stipulations.
Labeling requirements
All food items packaged in a domestic kitchen must be properly
labeled prior to sale.
See this page for the labeling requirements and sample labels you can download to customize.
Where and how may Cottage Food Production Operations sell the food products?
Products may be sold in person, remotely, by an agent of the producer or by/ through a third-party vendor. Example sale venues include internet,
phone, farmers market, roadside stand grocery stores and other retail stores.
Allowed foods are limited to
sales at
- the home: at the cottage food producer's residence,
- community social events,
- flea markets
- farmers markets
- Grocery stores: Homemade food products can be sold at grocery stores and other retail stores
- Events: Homemade food products can be sold at events.
- Online and shipped: homemade food businesses may accept orders online or by phone and shipped within
Tennessee
- All sales/deliveries must be located within the state of Tennessee.
- Products must be delivered to the consumer.
- by the producer, ,
- an agent of the producer,
- a third-party vendor or
- a third-party carrier
Other requirements
Other stipulations, such as adherence to good manufacturing
practices and product labeling requirements, also must be adhered to:
- The producer must allow the Tennessee Department of Health to access the food processing facility (kitchen and storage areas, etc.), if
necessary, to ensure public safety. This would likely occur if there were a foodborne illness that was possibly linked to the products.
Recommendations:
Beyond the requirements, common sense, good practices and
reducing liability suggests you should do the following.
Training
Take the
ServSafe® training classes for Manager and employees, the 7th Edition Book that accompanies this course should be purchased here..
Testing of pH
It's best to use a pH meter, properly calibrated on the day
used. I use this one, which is reliable and inexpensive.
And this pH meter is really good, but isn't always available.
Short-range paper
pH test strips, commonly known as litmus paper, may be used
instead, if the product normally has a pH of 4.0 or lower and the
paper's range includes a pH of 4.6.
Record-keeping is suggested
Keep a written record of every batch of product made for sale,
including:
- Recipe, including procedures and ingredients
- Amount canned and sold
- Canning date
- Sale dates and locations
- Gross sales receipts
- Results of any pH test
Sanitation
Although inspections are not required, you should consider doing
the following:
- Use clean equipment that has been effectively sanitized
prior to use
- Clean work surfaces and then sanitize with bleach water
before and after use
- Keep ingredients separate from other unprocessed foods
- Keep household pets out of the work area
- Keep walls and floors clean
- Have adequate lighting
- Keep window and door screens in good repair to keep insects
out
- Wash hands frequently while working
- Consider annual testing of water if using a private well
Best Practices
- Allergens: Most state home baking
acts require an "ingredient statement" and/or an "allergen
listing" on the label of the bakery item for sale; but if your
state does not, you should anyway. The eight major food
allergens are
- milk,
- eggs,
- fish,
- crustacean shellfish,
- tree nuts,
- peanuts,
- wheat and
- soybean.
- Cross-allergenicity: There are also
ingredients available, even flours, that can cause a
cross-allergenicity. The American Academy of Allergy Asthma &
Immunology explains cross-allergenicity as an allergic reaction
when proteins in one substance are similar to the proteins found
in another substance. For example, consumption of lupine flour
may trigger an allergic reaction to peanuts, and cricket flour
may trigger an allergic reaction to shellfish. Again, providing
such information might be a beneficial marketing tool and help
keep potential consumers safe.
- The 2 Hour/4 Hour Rule - Anyone
wishing to make and sell refrigerated bakery items should
remember to follow the "2 Hour/4 Hour Rule." This is a system
that can be implemented when potentially hazardous foods are out
of temperature control (temperatures greater than 45 degrees
Fahrenheit) during preparation, serving or display for sale. The
rule guidelines are as follows:
- If a potentially hazardous food has been out of
temperature control for 2 hours or less, then it may
continue to be used or be placed back in the refrigerator.
- If a potentially hazardous food has been out of
temperature control for more than 2 hours but less than 4
hours, it needs to be used quickly or discarded.
- If a potentially hazardous food has been out of
temperature control for more than 4 hours, it must be
discarded.
More resources:
Questions? Contact Information:
Tennessee Department of Agriculture Consumer and Industry Services,
Food Safety Section Ellington Agricultural Center
436 Hogan Road Nashville, TN 37220
Phone: 615-837-5193
Email: NewFood.Business@TN.gov
Website: https://www.tn.gov/agriculture