The Tennessee Food Freedom Act (TCA § 53-1-118), enacted by SB 693 in 2022 and expanded by HB 130 in 2025, lets a homemade-food producer sell directly to consumers with NO sales cap, NO license, NO permit, NO inspection, and NO state training requirement. It expressly preempts local regulation of homemade food producers, so Hendersonville cannot require a cottage-food-specific permit or impose food-safety rules. Local zoning restrictions in Chapter 10.4.10 (on-site customer ban, commercial delivery ban) still apply to the related business activity.
The Tennessee Food Freedom Act, codified at TCA § 53-1-118 (enacted by SB 693 / Public Chapter 1015 of 2022, expanded by HB 130 in 2025 to include certain time/temperature controlled foods including pasteurized dairy and eggs effective July 1, 2025), is one of the most permissive cottage food laws in the United States. The statute imposes: no gross-sales cap, no income limit, no production volume limit, no required state license, no permit, no inspection, and no mandatory food-safety training. It expressly preempts local jurisdictions from regulating homemade-food producers — a local government may not require licensing, permitting, or inspection of a producer selling under TFFA. Allowed products include baked goods, candies, jams and jellies, acidified and low-acid canned foods, dried fruits, granola, roasted nuts, nut butters, honey, maple syrup, and (after July 1, 2025) pasteurized dairy items such as butter, yogurt, hard cheese, and kefir, plus eggs. Required label elements: producer name and contact info, product name, ingredients in descending order by weight, allergen disclosure, and the required disclaimer that the product is homemade and sold under the Tennessee Food Freedom Act and is not subject to state food-safety regulations. Sales may be direct-to-consumer in person, online, by mail, or at events; wholesale/resale through a retail food establishment is generally not authorized. Important: TFFA preempts only the regulation of the homemade food producer itself — it does not override Hendersonville's general zoning at Chapter 10.4.10. So a cottage-food operator running the activity from home must still comply with Ch. 10.4.10's no-on-site-customers rule (sales must occur off-site or by shipping) and no-commercial-deliveries rule. Selling at a farmers' market, pop-up event, or by online shipping is the practical path.
TCA § 53-1-118 preempts local enforcement of food-safety or licensing rules against a TFFA-compliant cottage food operator — Hendersonville cannot fine you for the sale itself. Selling foods outside the TFFA list (raw milk, meat, time/temperature-controlled foods not added in the 2025 amendments) is enforceable by the Tennessee Department of Agriculture under TCA Title 53. Local zoning violations of Ch. 10.4.10 (on-site customer visits, commercial deliveries) remain enforceable by the city.
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