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Shelby County, TN Home Business: Cottage Food Operations (2026)

Few Restrictions
Compiled from the official code textEditor Martyn O'NeillLast verified September 2026

Key Facts

Governing law
TN Food Freedom Act 53-1-118
State license
Not required
Inspection
Exempt (except illness probe)
Sales cap
None
Agency
TN Dept. of Agriculture

Summary

Homemade food producers in Shelby County are governed by the Tennessee Food Freedom Act (T.C.A. 53-1-118). Foods produced in a home kitchen under the Act are exempt from state licensing, permitting, inspection, packaging, and labeling requirements.

These county ordinances apply to unincorporated areas of Shelby County. Incorporated cities within the county may have their own rules that take precedence over county-level regulations.

Foods produced in a home-based kitchen in accordance with TFFA are exempt from all licensing, permitting, inspecting, packaging, and labeling laws of this state.

Full Breakdown

The Tennessee Food Freedom Act, also called the Tennessee Cottage Food Law, was amended effective July 1, 2025 to allow sale of certain time/temperature-controlled foods. Foods made in a home-based kitchen under the Act are exempt from all state licensing, permitting, inspecting, packaging, and labeling laws, except when the Department of Health investigates a reported foodborne illness. The Tennessee Department of Agriculture (TDA) does not issue permits or inspect these products, and there is no state sales cap. If products fall outside the Act's exemptions, TDA may enforce under T.C.A. 53-1-201 et seq. Producers must still meet local zoning: under UDC 2.7.4, food handling using standard home kitchen equipment is an allowed home occupation, but a restaurant is not.

Violations & Fines

Selling food outside the Act's exemptions (for example prohibited products) can trigger TDA enforcement under T.C.A. 53-1-201 et seq. Operating a food business that exceeds home-occupation limits is separately a Shelby County zoning violation.

Frequently Asked Questions

Do I need a license to sell homemade food in Shelby County?
No state license, permit, or inspection is required for foods made under the Tennessee Food Freedom Act (T.C.A. 53-1-118), which governs cottage food statewide.
Are there sales limits?
No. The Tennessee Food Freedom Act imposes no state gross-sales cap on homemade food producers.
Does zoning still apply?
Yes. In unincorporated Shelby County, food handling using standard home kitchen equipment is allowed as a home occupation under UDC 2.7.4, but a restaurant is not.

Sources & Official References

Other rules in Shelby County

All Shelby County rules

Compare Shelby County to another location·View the Tennessee home business overview

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