Sell Homemade Food in Memphis, Tennessee: Licenses, Zoning, and What You Need

The Food Freedom Act in Memphis and Shelby County

The Tennessee Food Freedom Act (T.C.A. § 53-1-118) applies statewide — including Memphis, Shelby County, and the surrounding municipalities. No local food permit, routine kitchen inspection, or health department certification is required to sell homemade food from your Memphis-area home. Local governments are preempted from adding food-specific regulations on top of the state exemption.

What Memphis and Shelby County can and do require are general business registrations and zoning compliance. Here's what that looks like on the ground.

Memphis and Shelby County Business Licenses

Memphis operates a dual-license system. If your business is physically located in Memphis and its annual gross receipts exceed $3,000, you need both a City of Memphis business license and a Shelby County business license. If you're in unincorporated Shelby County (outside Memphis city limits), you only need the county license when your receipts exceed $3,000.

Registration process:

Register through the Accela Citizen Access online portal at aca-prod.accela.com/SHELBYCO. You'll apply for combined city and county business licenses through this single portal.

Fees:

• City of Memphis registration: $15
• Shelby County registration: $15
• Total for a Memphis address: $30

These are Minimal Activity License fees for businesses with annual gross receipts between $3,001 and $99,999. At or below $3,000, you're exempt from business license requirements. At $100,000 or more, you transition to a Standard Business License with annual business tax filings through TNTAP.

Zoning Rules in Shelby County

The Shelby County Unified Development Code governs home occupations in the Memphis metro area. The rules are typical for Tennessee cities:

• Your food business must remain incidental to the residential use of the property
• No more than 25% of total floor area can be used for business operations
• No non-resident employees are permitted
• No on-site customer traffic — this means no walk-up sales from your home
• No exterior signage or visible commercial activity

If you're remodeling or adding equipment that changes your home's structure (dedicated ventilation, upgraded electrical for commercial ovens), you'll need to go through the Memphis and Shelby County Office of Construction Code Enforcement for a Certificate of Occupancy. This is a building code requirement, not a food regulation.

Where Memphis Sellers Go to Market

The no-customer-traffic rule pushes Memphis home food sellers toward the same channels Nashville producers use:

• Memphis farmers markets — multiple markets operate across the metro, each with their own vendor application and insurance requirements
• Community events and craft fairs — pop-up markets throughout Shelby County
• Online ordering with delivery or neutral pickup locations
• Wholesale to retail stores — for non-TCS shelf-stable products, local boutiques and specialty shops can resell your packaged goods

For TCS products (anything requiring refrigeration), you're restricted to in-person direct-to-consumer sales at farmers markets, roadside stands located on the property where the food was prepared, or by direct home pickup.

Knoxville and Chattanooga: Quick Comparison

If you're reading this from elsewhere in Tennessee, here's how the other major cities handle it:

Knoxville (Knox County): Business license through the Knox County Clerk ($15), with a separate City of Knoxville registration if you're within city limits. Knoxville's zoning ordinance limits home businesses to 25% of floor area, prohibits non-resident employees and walk-in traffic. No municipal food permits beyond the TFFA.

Chattanooga (Hamilton County): City of Chattanooga business license ($15) plus Hamilton County business license ($20). Both are general business requirements, not food-specific. Adjacent municipalities like Lakesite may require an additional Codes Compliance Form reviewed by the local building official.

What Memphis Cannot Require

The TFFA's preemption applies fully in Memphis and Shelby County. Local authorities cannot:

• Require a local food safety permit or cottage food license
• Mandate routine Shelby County Health Department kitchen inspections for home food producers
• Add ingredient restrictions or product category limits beyond state law
• Require food handler cards or safety training certifications

The TFFA does not eliminate the Tennessee Department of Health's authority to investigate reported foodborne illnesses.

Next Steps

Memphis has slightly more paperwork than smaller Tennessee cities (the dual city-county license system), but the process is straightforward. If your receipts exceed $3,000, register through Accela and pay the combined $30 fee, confirm your zoning allows home occupations, and you're compliant on the local side.

For the complete Memphis and Shelby County workflow — including the Accela registration steps, zoning verification, and labeling requirements — the Tennessee Cottage Food & Home Food Business Guide covers every step with city-specific details.

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