TCS vs Non-TCS Foods in Tennessee: How to Classify Your Cottage Food Products

Why Classification Matters

Every product you sell under the Tennessee Food Freedom Act falls into one of two categories: non-TCS (shelf-stable) or TCS (requires temperature control). This classification is the single most important determination in your cottage food business because it controls everything downstream — which sales channels you can use, whether you can ship, and whether retail stores can stock your products.

Get it wrong, and you might be shipping a perishable product that should only be sold in person, or refrigerating a shelf-stable product that doesn't need it (wasting money on cold chain logistics you don't need).

Non-TCS: The Broad Category

Non-TCS foods don't support rapid growth of dangerous pathogens at room temperature. They're shelf-stable — safe to store, transport, and display without refrigeration. Under the TFFA, non-TCS products get the full range of sales channels:

• In-person sales (markets, events, home)
• Online orders
• Shipping within Tennessee via USPS, FedEx, UPS
• Wholesale to retail stores, grocery shops, boutiques
• Third-party retail resale

Common non-TCS cottage food products:

• Baked goods without perishable fillings (bread, cookies, brownies, muffins, fruit pies)
• Jams, jellies, and fruit preserves
• Pickles, relishes, and hot sauces (pH ≤ 4.6, with applicable Aw criteria)
• Candies, chocolates, and confections
• Dried herbs, spice blends, and tea mixes
• Roasted coffee and granola
• Honey
• Dry mixes and seasoning packets

TCS: The Restricted Category

TCS foods can support pathogen growth if held at unsafe temperatures. Under the TFFA (expanded by HB 130 in 2025), you can produce and sell TCS foods from your home kitchen — but only through direct, in-person sales to the end consumer. No shipping, no wholesale, no retail store placement.

Common TCS cottage food products:

• Cheesecakes and cream-filled pastries
• Custard pies and meringue-topped desserts
• Pasteurized dairy (butter, yogurt, kefir, hard cheese)
• Shell eggs (from flocks under 3,000 hens)
• Cooked poultry products (pot pies, rotisserie chicken, soups)

TCS products must be held at or below 41°F (cold) or at or above 135°F (hot) at all times. Anything in the danger zone (41°F to 135°F) for more than two hours gets discarded.

How Classification Is Determined

The classification hinges on two measurable properties of the finished product: water activity (Aw) and pH. These metrics indicate whether the food can support pathogen growth at room temperature.

The University of Tennessee Extension Service publishes the classification framework, based on the 2022 Food Code:

For heat-treated and packaged products (most baked and canned goods):

For non-heat-treated or unpackaged products (raw items, cold-assembled):

If your product falls in the "process authority required" zone, a food scientist must evaluate your recipe and process to determine whether it's truly TCS or can be demonstrated safe at room temperature.

Products That Surprise People

Frosted cupcakes: Usually non-TCS. Buttercream frosting (butter, sugar, vanilla) has low enough water activity to be shelf-stable. But cream cheese frosting may push the product into TCS territory depending on the ratio of cream cheese to sugar.

Fruit pies: Non-TCS if the filling is fruit-based with enough sugar and acid. Pumpkin pie or custard pie is TCS.

Chocolate truffles: Most are non-TCS due to low water activity. Truffles with fresh cream fillings may be TCS — the cream raises water activity.

Pickles and hot sauces: Non-TCS if properly acidified to pH ≤ 4.6 and within the applicable Aw criteria. Improperly acidified products (not enough vinegar, too many low-acid vegetables) can fall outside the applicable Aw/pH ranges and require process authority testing.

When to Get Testing

If you're unsure about your product's classification — especially for recipes with multiple ingredients, varying moisture levels, or borderline acidity — invest in formal testing. The UT Institute of Agriculture's Food Science Extension can measure your product's water activity and pH and issue a written determination.

That documentation isn't required by law, but it's invaluable in two scenarios: if a health department investigates a complaint about your product, and if a retail buyer asks for proof that your product is shelf-stable.

What This Means for Your Business

The TCS/non-TCS split effectively creates two tiers within your cottage food operation. Non-TCS products are your scalable revenue stream — they can reach customers through every channel, including wholesale and e-commerce. TCS products are your premium, high-touch offerings — sold face-to-face at markets and through direct orders, often at higher per-unit margins.

The Tennessee Cottage Food & Home Food Business Guide includes a Product Classification Worksheet that walks you through the determination for every item in your product line, with decision trees matched to UT Extension's published thresholds.

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