Tennessee
PermissiveTennessee Food Freedom Act · Tennessee Department of Agriculture (TDA), Consumer & Industry Services
The limits
- Sales cap
- None
- You can sell
- Broad — most homemade foods, expanded effective July 1, 2025 to include certain time/temperature-controlled (TCS) items, poultry produced under the federal 1,000-bird exemption, and pasteurized dairy products (added by the 2025 amendment); acidified foods and low-acid canned goods (pickles, sauerkraut, canned vegetables, hot sauces) are also permitted — Tennessee is reported as one of only a few states allowing both acidified and low-acid canned goods under this type of law.
- You cannot sell
- Not confirmedUnverified — TDA's own Food Freedom Act page does not enumerate a prohibited list; it frames the Act as a broad exemption from licensing/permitting/inspection/packaging/labeling laws and directs complaints to the Tennessee Department of Health. Secondary sources consistently describe the statute (T.C.A. § 53-1-118) as excluding unpasteurized milk, alcoholic beverages, fish, shellfish, meat and meat byproducts, with a 2025 amendment (HB 130, enacted as Public Chapter 431, effective July 1, 2025) adding limited allowances for 1,000-bird-exempt/inspected poultry and pasteurized dairy — but this could not be confirmed against readable primary statutory text. Confirm with TDA or consult T.C.A. § 53-1-118 directly.
Getting set up
- Permit / registration
- No — TDA states it does not issue permits, conduct inspections, or provide business-specific advice under this Act.
- Cost
- None
- Training
- No
- Kitchen inspection
- No, except when the Department of Health is investigating a reported foodborne illness.
- Labeling
- Exempt from the state's standard food labeling laws under the Act; TDA's page does not specify any minimum required disclosure text — confirm with TDA whether any baseline label content is still expected for consumer safety even though formal labeling law does not apply.
Where you can sell
- Permitted venues
- Direct sales from home, farmers markets, roadside stands, community events, home pickup, direct delivery, producer's own website/social media/online marketplaces (e.g., Etsy), and in-state shipping; non-perishable products only may be wholesaled to grocery stores, co-ops, specialty food shops, gift shops, and farm stores. Sales through restaurants are prohibited, and perishable/TCS products cannot be wholesaled or moved through third-party delivery platforms (e.g., DoorDash).
- Online sales
- Yes
- Delivery in state
- Yes, including in-state shipping.
- Shipping out of state
- No — out-of-state shipping is not permitted under the Act.
The fine print
- Statute
- Tenn. Code Ann. § 53-1-118 (Tennessee Food Freedom Act); originally enacted via HB 813 (2022); amended effective July 1, 2025 (HB 130 / referenced secondarily as Public Chapter 431) to add TCS items, 1,000-bird-exemption poultry, and pasteurized dairy.
- Recent changes
- July 1, 2025 amendment (HB 130) expanded allowed products to include certain TCS foods, poultry under the federal 1,000-bird exemption, and pasteurized dairy products.
- Notes
- Tennessee is one of the most permissive jurisdictions in this batch — no sales cap, no permit, no inspection (absent a foodborne-illness complaint), and no mandatory food handler training. The specific bill-chapter number for the 2025 amendment (referenced as "Public Chapter 431" in secondary material) was not independently confirmed against the Tennessee General Assembly's bill-status page during our research and should be verified with TDA or capitol.tn.gov if the exact chapter number is needed for citation purposes.
