Tennessee Code §43-28 authorizes cottage food production of non-hazardous foods in home kitchens for direct sale to consumers. Memphis producers must follow labeling rules, stay within annual sales limits, and cannot sell to restaurants or through resellers. Sales to end consumers are allowed in person and online within Tennessee.
The Tennessee Domestic Kitchen Rule under TCA §43-28 (updated and commonly referenced with the AB 3-F framework) permits home kitchens to produce shelf-stable non-hazardous foods (baked goods, jams, jellies, granola, candies, dry mixes, roasted coffee) and sell direct to consumers. Sales caps and product lists are set by the Tennessee Department of Agriculture. Producers must complete a food-handler course, use proper labeling (name, address, ingredients, allergens, home-produced disclaimer), and keep production separate from household food. Hazardous foods requiring refrigeration (cream fillings, meat products, acidified vegetables beyond recognized recipes) are prohibited. Memphis adds a local business license requirement for any home occupation with sales. Sales may occur in person (farmers markets, on-site pickup, Memphis Farmers Market Downtown), online with in-state shipping, and through some direct-to-consumer platforms. Sales to restaurants, wholesalers, grocery stores, and out-of-state customers require a licensed commercial kitchen. Shelby County Health Department does not inspect cottage food kitchens but may respond to foodborne illness complaints.
Specific penalty amounts for this ordinance are not published in a publicly accessible fine schedule. Contact Memphis code enforcement directly for current fines, enforcement procedures, and hearing options.
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