Tennessee Food Freedom Act Requirements: Complete Checklist for Home Food Sellers

What the Food Freedom Act Requires (and Doesn't)

Tennessee's Food Freedom Act (T.C.A. § 53-1-118) eliminated state-level licensing, permits, routine kitchen inspections, and mandatory food safety training for home food producers. But "no permit required" doesn't mean "no requirements." The TFFA trades traditional licensing for a set of compliance obligations that every home food seller must meet.

Here's the complete list — what you must do, what you can skip, and where the requirements come from.

Requirement 1: Produce in Your Private Residence

The TFFA exemption applies only to food produced in a private residential home kitchen. Not a church kitchen, not a shared commercial space, not a friend's house. Your personal residence where you live. Using any other facility — even temporarily — voids the exemption and places you under TDA commercial food manufacturing regulations.

Requirement 2: Stay Within Product Boundaries

Tennessee uses a "prohibited list" rather than an "allowed list." Anything not explicitly banned is legal to produce. The prohibited categories:

• Raw (unpasteurized) milk and raw dairy products
• Red meat (beef, pork, lamb)
• Fish and shellfish
• Wild game
• Alcohol above 0.5% ABV
• Cannabis or THC-infused products

Everything else — baked goods, candies, jams, pickles, hot sauces, dried herbs, granola, honey, pasteurized dairy, eggs, and cooked poultry — is legal under the TFFA, subject to classification rules (non-TCS vs TCS) that determine sales channels.

Requirement 3: Label Every Product

Every packaged food product needs a label with the required core information:

1. Your legal name — the person who produced the food
2. Your physical home address — street address of the production kitchen (PO Boxes are not allowed)
3. Your phone number — an active telephone number
4. Product name — the common or usual name of the food
5. Net quantity (Recommended) — listing the weight or volume in both imperial (ounces/pounds) and metric (grams) is a useful addition
6. Ingredient list — all ingredients in descending order by weight, with sub-ingredients of compound ingredients in parentheses
7. Allergen disclosures (Recommended) — clear identification of the nine major FDA-recognized allergens: milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat, soybeans, and sesame
8. The statutory disclaimer — exact wording, no modifications: "This product was produced at a private residence that is exempt from state licensing and inspection. This product may contain allergens."

For TCS (perishable) products, you must also include the exact date of production on the label.

For products sold unpackaged from a bulk container, display the required information on a placard at the point of sale. For phone/custom orders, disclose the information verbally and have printed details available on request.

Requirement 4: Follow Sales Channel Rules

Your sales channels depend on your product classification:

Non-TCS (shelf-stable):

• In-person sales ✓
• Online orders ✓
• Shipping within Tennessee (USPS, FedEx, UPS) ✓
• Wholesale to retail stores ✓
• Out-of-state shipping ✗
• Restaurant sales as ingredients ✗

TCS (perishable):

• In-person direct-to-consumer sales ✓
• Online/phone order acceptance (with in-person handoff) ✓
• Shipping via any carrier ✗
• Wholesale to stores ✗
• Third-party delivery services ✗
• Restaurant sales ✗

Requirement 5: Register for Sales Tax

The Food Freedom Act does not exempt you from state and local taxes. If your monthly gross sales average exceeds $400, you must register for a Tennessee Sales and Use Tax account through TNTAP (Tennessee Taxpayer Access Point). Registration is free.

Once registered, collect sales tax on every retail transaction at the rate for the county where the sale occurs (7% to 9.75% combined state and local). File your returns on TNTAP for every tax period — even zero-sales periods.

Requirement 6: Get a Local Business License (If Over $3,000)

Tennessee's business licensing thresholds:

• At or below $3,000 annual gross receipts: No license required; some jurisdictions may request an informational affidavit
• $3,001 to $99,999: Minimal Activity License from your county clerk — $15/year, no annual tax return required
• $100,000+: Standard Business License with annual business tax filing through TNTAP

The Minimal Activity License is a general business registration, not a food-specific permit. It's issued by your county clerk (and city clerk if you're within city limits). Some jurisdictions charge the fee to both offices separately.

What You Don't Need

The following are NOT required under the TFFA:

• ❌ State food permit or license from the TDA
• ❌ Kitchen inspections (routine or pre-operational)
• ❌ Food handler certificate or food safety training
• ❌ Recipe lab testing (recommended for borderline products, but not mandated)
• ❌ Product registration with any state agency
• ❌ Annual sales cap compliance (there is no cap)
• ❌ Local health department food permits (preempted by state law)

The Minimal Activity License: Quick Details

Since many cottage food producers hit the $3,000 threshold within their first year, the Minimal Activity License deserves a closer look. Apply through your county clerk's office — most counties now accept online applications. The $15 annual fee covers one calendar year, and renewal is a simple fee payment with no tax return required.

If you operate in a city (Nashville, Memphis, Knoxville, Chattanooga), you may need both a county and city license. Nashville requires a Home Occupation Permit on top of the business license. Check your specific jurisdiction's requirements.

Putting It Together

The TFFA's requirements are straightforward: produce at home, avoid prohibited ingredients, label everything properly, follow channel rules for your product type, collect sales tax, and get a local business license once you pass $3,000. No state food permit or routine kitchen inspection, with basic business and zoning formalities still applying.

The Tennessee Cottage Food & Home Food Business Guide consolidates all of these requirements into a step-by-step workflow with labeling templates, tax registration walkthroughs, and city-specific licensing guides.

See more Tennessee guides →