Sell Baked Goods from Home in Tennessee: No Permit Required

There's no such thing as a "home bakery license" in Tennessee. The state doesn't issue one, doesn't require one, and doesn't inspect your kitchen before you start selling. Under the Food Freedom Act (T.C.A. § 53-1-118), baked goods from a home kitchen are exempt from all state food licensing.

That said, not every baked good follows the same rules. The dividing line is whether your product needs refrigeration.

Shelf-Stable Baked Goods — Sell Anywhere

Baked goods that are safe at room temperature fall under the non-TCS category and get the broadest sales access:

• Breads, rolls, and biscuits
• Cookies and brownies
• Muffins and scones
• Fruit pies (no custard filling)
• Low-moisture frosted cupcakes
• Dry pastries and biscotti

You can sell these in person at farmers markets and craft fairs, ship them to customers anywhere in Tennessee, take online and phone orders, and wholesale them to grocery stores, boutiques, and co-ops.

The key factor is water activity. If a baked good has low enough moisture content (Aw ≤ 0.92 for heat-treated and packaged items), it qualifies as shelf-stable. Standard cookies, breads, and dry pastries easily clear this threshold.

Refrigerated Baked Goods — In-Person Only

Baked goods that need refrigeration — cheesecakes, cream-filled pastries, custard pies, meringue-topped items — fall under the TCS category added by HB 130 in July 2025. These are legal to sell from your home kitchen, but only through in-person, direct-to-consumer transactions.

That means no shipping, no wholesale to retailers, and no third-party delivery services. You hand the product directly to the buyer at a farmers market, your front door, or a roadside stand located on the property where the food was prepared. Cold items must stay at 41°F or below from the moment they leave your kitchen until the customer takes them.

The Gray Area: Frosted and Filled Items

The trickiest classification for home bakers is frosted and filled items. Whether a frosting or filling needs refrigeration depends on its specific formulation:

• Buttercream made with high sugar content: Usually non-TCS if the water activity stays below 0.92
• Cream cheese frosting: Typically TCS — needs refrigeration
• Custard or pastry cream fillings: Almost always TCS
• Royal icing and fondant: Usually non-TCS due to high sugar content

If you're uncertain, the University of Tennessee Extension publishes specific guidance on icings, frostings, and fillings (Publication W1367) that maps common formulations to their TCS status. For anything borderline, a process authority can test your specific recipe.

What You Need Before Your First Sale

No food permit, but you still need:

A compliant label on every packaged product with your name, home address, phone number, product name, ingredient list in descending order of predominance, and the exact statutory disclaimer. Net quantity and allergen disclosure are recommended additions; TCS products also need the production date.

Tax registration on TNTAP if you average more than $400/month in gross sales. Tennessee charges sales tax on food, and you're responsible for collecting and remitting it.

A local business license from your county clerk if you gross more than $3,000/year — a Minimal Activity License costs $15 annually.

Your homeowner's insurance policy almost certainly doesn't cover food business liability. Combined general and product liability coverage commonly runs $400–$800/year and is usually required by farmers market managers before they'll give you a vendor spot.

From Home Kitchen to Full Business

The advantage Tennessee offers home bakers is room to grow. There's no annual revenue cap — you can scale as high as your home kitchen allows without upgrading to a commercial facility, as long as your products and sales channels stay within the TFFA framework.

Our Tennessee Cottage Food & Home Food Business Guide covers the full setup sequence, product classification worksheets, and the specific triggers that require a commercial kitchen transition — so you know exactly where the lines are as your home bakery grows.

See more Tennessee guides →