Tennessee’s Food Freedom Act – 2022 Homemade Foods Allowed under the “Cottage Food Laws” A
PB1909
Kyla Adkins
Extension Assistant
Department of Food Science
Mark Morgan
Professor
Department of Food Science
Megan Leffew
Marketing Specialist
Center for Protable Agriculture
Tennessee’s Food
Freedom Act – 2022
Homemade Foods
Allowed under the
“Cottage Food Laws”
B Tennessee’s Food Freedom Act – 2022 Homemade Foods Allowed under the “Cottage Food Laws”
Table of Contents
Background 1
Section 1
Denitions
Section 2
Regulatory Requirements
Section 3
Non-TCS versus TCS Foods
Section 4
Information Requirements
Section 5
Additional Considerations
Section 6
Summary
Section 7
Additional Information and
References
Notice or Disclaimer:
This publication is for educational purposes only and does not constitute
legal advice nor is it intended to be a substitute for the services of
a competent legal professional or regulatory oversight.
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Tennessee’s Food Freedom Act – 2022 Homemade Foods Allowed under the “Cottage Food Laws” 1
BACKGROUND
Foods manufactured for sale may be regulated by a state agency, such as
the Tennessee Department of Agriculture (TDA), the United States Food and
Drug Administration (FDA) and/or the United States Department of Agriculture
(USDA). State regulations can have more inuence over requirements for many
food products only sold within state lines. Some states have laws allowing
homemade food producers to process products with limited or no regulatory
oversight, provided the products are only sold within the individual state, i.e.
intrastate commerce. These laws are typically referred to as cottage food laws.
Most food products sold across state lines, i.e., interstate commerce,
fall under federal laws giving the Food and Drug Administration (FDA), or
USDA more jurisdiction. FDA regulations are in place to be sure products in
interstate commerce meet the same requirements for food safety and are
not adulterated when sold across the U.S. Meat, poultry and egg products
are regulated by the USDA and must be processed in licensed facilities.
Tennessee’s cottage food laws have gone through several changes over
the years, with the most signicant changes occurring July 1, 2022 with the
implementation of the Tennessee Food Freedom Act (FFA). This change to
the Tennessee cottage food laws allows essentially any food product that is
considered non-TCS (not Time/Temperature Controlled for Safety), or commonly
referred to as shelf-stable, to be produced at a private residence without a
license, inspection or permit and sold within the state. Meat, poultry, sh, dairy
and egg products
1
as well as TCS foods are excluded from this law and require
a commercial facility and food manufacturing permit for production and sale.
This publication describes the components of the Tennessee Food Freedom
Act, explains TCS and non-TCS foods, and gives some examples of products
and the properties or processes that make them non-TCS and shelf-stable.
1
Find regulatory requirements for Tennessee producers raising, packing and selling eggs from their own ocks of
fewer than 3,000 laying hens as well as suggested practices for cleaning, sanitizing, packaging and storing shell
eggs to reduce food safety risks in this publication: Egg Sales in Tennessee: Requirements and Suggested Practices
for Producers with Small Flocks - https://extension.tennessee.edu/publications/Documents/PB1898.pdf
2 Tennessee’s Food Freedom Act – 2022 Homemade Foods Allowed under the “Cottage Food Laws”
SECTION 1 — DEFINITIONS
Denitions of key terms used in this fact sheet are provided below:
Adulteration: The contamination of a food product with any poisonous,
deleterious or contaminated substance that may be injurious to health or has
been produced, prepared or packaged in unsanitary conditions that could result
in contamination with lth. No laws allow the sale of adulterated foods.
Allergens: Eight major allergenic foods according to the FDA are considered
chemical hazards if not properly listed on any product’s packaging: milk,
eggs, sh, crustacean shellsh, tree nuts, peanuts, wheat and soybean.
These ingredients must be included in the ingredient list using these names
(and for sh and tree nuts must include the species of sh or type of nut).
Common ingredients missed are whey, which is considered milk and lecithin,
which may be from either egg or soy. Improperly labeled products containing
allergens can be life-threatening to those with a severe allergy. Most food
product recalls are due to improper listing or omission of allergens on the
label. A ninth allergen requiring labeling starting in 2023 is sesame.
Canning Process (or Canning): A method of food preservation that seals food
in an airtight container (can, jar, or plastic container) and heat processing to
produce a product free of microorganisms capable of growing under normal, non-
refrigerated conditions of storage and distribution. Low acid canned foods (pH
> 4.6) are typically heated to 250 F (121 C) to eliminate spore-forming bacteria
like Clostridium botulinum using a pressure canner. High acid canned foods
(pH < 4.6) are typically heated to 212 F (100 C) or less to kill only vegetative
microorganisms using a hot-ll-invert-hold process or water bath canner.
Code of Federal Regulations (CFR): includes the laws enforced for
food safety by the FDA (Title 21), USDA (Title 9), or EPA (Title 40).
Cross Contamination: The transfer of microorganisms or allergens from
one surface or food to another. Many food recalls can be attributed
to cross contamination, either between raw and processed products
or from residue on equipment surfaces to a food product.
Current Good Manufacturing Practices (cGMP): 21 CFR part 117, subpart
B; describes in detail regulatory requirements for personnel, production
facilities, sanitary operations, equipment, processes and warehousing for
producing safe foods. All food manufacturers must comply with these cGMP
laws. These are the minimum sanitary standards and practices typically
required to make unadulterated foods. Find the cGMP at www.ecfr.gov.
Food and Drug Administration (FDA): The federal government agency that
regulates most processed/manufactured foods and non-meat products in the
United States. FDA has jurisdiction over foods in interstate commerce. FDA now
has the ability to seize foods, force a product recall or stop production by a food
manufacturer when it considers the product to be hazardous to public health.
Hazards: Any microbiological, chemical, or physical contaminant that may
cause injury or illness. All food manufacturers must identify and try to prevent
hazards which are reasonably likely to occur in their products/processes.
Homemade Food Item: Homemade food item means a food,
including a non-alcoholic beverage, which is produced and (if)
packaged at the private residence of the producer.
Pathogenic Microorganism: As related to food safety, includes any
bacteria, virus, fungi or protozoa that causes disease/illness in humans.
Major Food Allergens requiring
labeling in the U.S.
ρ milk
ρ eggs
ρ sh
ρ crustacean shellsh
ρ tree nuts
ρ peanuts
ρ wheat
ρ soybean
ρ sesame (beginning 2023)
Section 1: Denitions
Tennessee’s Food Freedom Act – 2022 Homemade Foods Allowed under the “Cottage Food Laws” 3
Section 1: Denitions
pH: pH is a measure of the degree of acidity or alkalinity of a solution. Values
between 0 and 7 indicate acidity and values between 7 and 14 indicate alkalinity.
The value for pure distilled water is 7, which is considered neutral. Typically,
“low” pH/acidic foods (pH < 4.6) are less likely to cause foodborne illness
because they prevent the growth of many pathogenic microorganisms.
Time and Temperature Control for Safety Food (TCS): A food
that requires time and temperature control for safety (TCS) to
limit pathogenic microorganism growth or toxin formation.
Non-Time and Temperature Control for Safety Food (non-TCS): A food that
does not require time and temperature control for safety to limit the rapid and
progressive growth of infectious or toxigenic microorganisms. Most shelf-
stable foods, i.e., those adequately preserved and stored under non-refrigerated
temperatures, are considered non-TCS. However, these denitions may vary
slightly by state, especially when applied to cottage food production.
United States Department of Agriculture (USDA): The USDA
is a federal government agency that regulates red meat,
poultry, egg products and products containing meat.
Water Activity (Aw): A measure of the availability of water for microbiological
growth. Aw ranges from 0 (a completely dried product) to 1.0 (pure
water). Water activity is related to the equilibrium relative humidity of
air around the food product if sealed within a package. Aw values <
0.85 can be used to prevent the growth of most microorganisms.
4 Tennessee’s Food Freedom Act – 2022 Homemade Foods Allowed under the “Cottage Food Laws”
Section 3 — TCS vs Non-TCS
SECTION 2 — REGULATORY REQUIREMENTS
The 2022 Tennessee Food Freedom Act changed the cottage food
laws allowing homemade, non-TCS food products to be produced at a
private residence and sold within the state without a food manufacturing
license or permit from the Tennessee Department of Agriculture.
The FFA includes the following allowances and restrictions:
1. Products must be processed at a private residence. Producers using a location
other than a private residence such as a community kitchen, restaurant, church
or commercial facility are required to obtain a food manufacturing license from
the Tennessee Department of Agriculture regardless of whether the food is TCS
or non-TCS.
2. Products may be sold only within the state of Tennessee. No sales are
allowed across state lines. Products sold across state lines are required to be
manufactured in a commercial facility under a food manufacturing license and
follow all applicable state and federal regulations.
3. Products may be sold in person, remotely, by an agent of the producer or by/
through a third-party vendor. Example sale venues include internet, phone,
farmers market, roadside stand grocery stores and other retail stores.
4. Products must be delivered by the producer to the consumer, an agent of the
producer, third-party vendor or third-party carrier to the consumer.
5. Products must be non-TCS foods. (Refer to section 3 for more information.)
6. The producer must allow the Tennessee Department of Health to access the
food processing facility (kitchen and storage areas, etc.), if necessary, to
ensure public safety. This would likely occur if there were a foodborne illness
that was possibly linked to the products.
7. Specic labeling requirements are included as part of the new FFA which
applies to all homemade food items for sale in Tennessee. Products allowed
to be produced and sold prior to the 2022 FFA, i.e., non-potentially hazardous
foods, now must include these new labeling requirements. Specic information
must be provided to the consumer as described in Section 4.
SECTION 3 — TCS versus Non-TCS
Some foods allow bacteria to grow (and multiply) more easily and
quickly than others when held at specic temperatures and times. These
foods are referred to as time and temperature control for safety (TCS)
foods. By controlling the time and temperature at which TCS foods are
held, pathogenic microorganism growth and/or toxin formation can
be slowed or limited. Some foods considered to be TCS include:
• animal-based products that are raw or heat-treated (e.g., meat, poultry, sh, egg
and dairy products);
• plant-based product that have been heat-treated (and not canned) or consist of
raw seed sprouts; cut melons, cut leafy greens or cut tomatoes
• fresh garlic-in-oil mixtures
• products in Tables A and B below designated as Product Assessment Required
(PA) due to pH and Aw
• foods requiring temperature control (refrigerated or frozen products)
Tennessee’s Food Freedom Act – 2022 Homemade Foods Allowed under the “Cottage Food Laws” 5
Table A. Interaction of pH and Aw for control of spores in food heat-
treated to destroy vegetative cells and subsequently packaged.
Aw values pH: 4.6 or less pH: > 4.6-5.6 pH: > 5.6
≤ 0.92 non-TCS food
*
non-TCS food non-TCS food
> 0.92-0.95 non-TCS food non-TCS food PA
**
> 0.95 non-TCS food PA PA
*
TCS Food means Time/Temperature Control for Safety Food
**
PA means Product Assessment required
Table B. Interaction of pH and Aw for control of vegetative cells and
spores in food not heat-treated or heat-treated but not packaged.
Aw pH: < 4.2 pH: 4.2-4.6 pH: > 4.6-5.0 pH: > 5.0
< 0.88 non-TCS food
*
non-TCS food non-TCS food non-TCS food
0.88-0.90 non-TCS food non-TCS food non-TCS food PA
**
> 0.90-0.92 non-TCS food non-TCS food PA PA
> 0.92 non-TCS food PA PA PA
*
TCS Food means Time/Temperature Control for Safety Food
**
PA means Product Assessment required
Section 3 — TCS vs Non-TCS
Bacteria that are capable of growing in foods are referred to as vegetative
cells and many foods are heat treated, or cooked, prior to packaging to kill
these vegetative cells. Since very few foods are sterile, if the conditions are
conducive to bacterial growth, the bacteria can double in a food every 20-
30 minutes. This rapid growth of bacteria will certainly spoil the food. If
pathogenic bacteria are present and grow, they will cause a foodborne illness.
Some bacteria species can produce spores that protect them from heat
(spores can survive up to 10 hours in boiling water) and allow them to
start growing (as vegetative cells) after the heat is removed. These spore-
forming bacteria are one of the main concerns in TCS foods that were
previously heated to kill only vegetative cells whether packaged or not. Other
TCS foods may not even be heated or packaged so time and temperature
control (usually continuous refrigeration) is used to prevent rapid growth
of any bacteria that are in the raw ingredients or nal food product.
As shown in the tables below, the interaction of water activity (Aw) and pH in
many foods can be used to categorize them as non-TCS. Certain values, or
combinations, of pH and water activity will limit the growth of spores and/or
vegetative cells in a food product. These products are suitable for homemade
products under the FFA. However, those that have a pH and Aw combination
that is listed as PA must be evaluated by a Process Authority (expert on safe
food manufacturing) to determine if they require time and temperature control
for safety to prevent growth or toxin formation of pathogenic microorganisms.
6 Tennessee’s Food Freedom Act – 2022 Homemade Foods Allowed under the “Cottage Food Laws”
Non-TCS examples/
products allowed
Why these are non-TCS TCS Examples/ products
not allowed without
product assessment
Why these are TCS/
not allowed
Dry goods: pastas,
spice blends, rice,
roasted coffee, etc.
Low Aw Cooked rice, pasta,
vegetables and other
foods ready to eat
High Aw after cooking
Canned fruit, jams, jellies,
and preserves, etc. pH < 4.6
Low pH and canning process
required to make shelf-stable
Fresh cut fruits High Aw
Baked Goods: breads,
cookies, pastries, mufns,
cakes, brownies, etc.
without custard or cream
lling or frosting
Low Aw Cakes or other baked
goods with cream lling
or buttercream frosting
Recommend Aw testing
High Aw
Aw may be lowered
by formulation
*
Candy, chocolate, fudge,
hard candy, caramels, peanut
brittle, praline and gummies
Caution: Placing sticks in
apples can create a potentially
hazardous product.
Low Aw
Listeria has been found to grow
around sticks in caramel apples.
Acidied canned foods:
salsas, pickles, pickled
vegetables, chow chow,
relish, etc. with pH < 4.6
Low pH and canning process
required to make shelf-stable
Pickled, canned or
preserved eggs
Excluded from FFA
Low Acid canned foods:
canned vegetables, beans,
vegetable broth, pepper
jelly, etc. with pH > 4.6
Pressure canning
required to kill spores
and make shelf-stable
Refrigerated slaw, fresh
salsa, freshly cut vegetables;
fresh salads such as
bean, pasta, chicken,
pimento cheese, egg
High pH and/or high Aw
Neither parameter controls
growth of pathogens
Bottled Condiments:
mayonnaise, ketchup,
mustard, BBQ sauce, hot
sauce, marinade, etc.
Low Aw and/or low pH and
canning process required
to make shelf-stable
Freshly made condiments pH or Aw may allow
bacteria to survive if
not heat processed
Dried foods: air- or freeze-dried
fruits, vegetables, candy, etc.
Low Aw and proper
drying process required
to make shelf-stable
No dried meats including
jerky allowed
All meat and meat
products are excluded
from FFA
Canned, fermented
foods: sauerkraut, kimchi,
kombucha, etc.
Low pH achieved by
proper fermentation and
canning process
Alcoholic beverages and
food products containing
more than 0.5% alcohol
These are regulated
by the TN Alcoholic
Beverage Commission
No Dairy products allowed Milk, cheese, ice cream,
cottage cheese, butter
Can support the rapid
growth of pathogens
if not refrigerated
Beverages acidied and
canned with pH < 4.6
Low pH and canning process,
required to make shelf-stable
Pasteurized beverages:
lemonade, fruit drink, teas,
etc. stored refrigerated
Drinks cold lled
into bottles require
refrigeration to slow
growth of pathogens
*
increasing sugar content of frostings and llings can lower water activity to make
products non-TCS. UT Department of Food Science can test products for Aw.
The table below includes some examples of commonly accepted
non-TCS and TCS products along with explanations why they are
categorized either non-TCS or TCS. This list is not exhaustive and some
products in the non-TCS category may have pH and water activity that
require product assessment as designated in the tables above.
Section 3 — TCS vs Non-TCS
Tennessee’s Food Freedom Act – 2022 Homemade Foods Allowed under the “Cottage Food Laws” 7
SECTION 4 — LABELING REQUIREMENTS
The 2022 FFA requires specic information to be provided to the consumer.
In most cases, the information must be on the label attached to the product
packaging, although there are other options for bulk packaging as described
later in this section. All homemade food products sold under the cottage
food laws must include the following information as directed in the FFA:
1. Producer contact information including:
― Producer’s name
― Home address
― Telephone number
2. Common/usual name of the homemade food product
3. Ingredients of the food item in descending order of predominance by weight
4. The following statement: “This product was produced at a private residence
that is exempt from state licensing and inspection. This product may contain
allergens.”
The information required must be provided in the following
forms/formats depending on packaging and sale:
ρ On a label attached to the product packaging. Any product that is packaged,
regardless of the method of sale, must include the above information on the
packaging label.
ρ On a label attached to the bulk container if the product is being sold out of a
bulk container.
ρ On a placard or sign displayed at the point of sale if the product is not
packaged or sold from a bulk container.
ρ On the website where the product is sold if the item is sold on the internet.
If packaged, the product’s package must also include the required label
information.
ρ If the product is sold by telephone or custom order, the seller does not need
to display the information required above, but the seller has to disclose to the
consumer that the product is produced at a private residence that is exempt
from state licensing and inspection, and may contain allergens. If packaged,
the product’s package must also include the required label information.
Section 4 — Labeling Requirements
8 Tennessee’s Food Freedom Act – 2022 Homemade Foods Allowed under the “Cottage Food Laws”
SECTION 5 — ADDITIONAL
CONSIDERATIONS
Homemade food producers should note that the Tennessee Food Freedom
Act does not exempt them from providing a safe, unadulterated product
to consumers; food safety liability; or following other business regulations.
Homemade food producers should take care to process, store and transport
foods safely and develop a comprehensive risk management plan that
includes food safety education, familiarity with GMPs, good production/
process recordkeeping, development of a recall plan, and choice of a
business structure with product liability insurance. Producers should
determine how other business regulations such as those for business
licenses, business taxes and sales tax apply to their specic situation.
Homemade food producers should also recognize that some markets or retailers
may not allow or purchase products produced in unlicensed facilities due to
regulatory limitations or as part of their own risk management strategies. For
instance, the Tennessee Department of Health does not allow restaurants or
other food service establishments to use homemade products in their menu
items. This prevents restaurants from using homemade products such as sauces,
condiments or ingredients in products served to customers by their establishment.
Producers who choose to make homemade food products at their
private residence and sell them must comply with all requirements
of the law. There are no exemptions for TCS products or the labeling
requirements, including the requirement to list the manufacturer’s
name, home address and telephone number on the label attached
to each packaged product (regardless of how it is sold).
SECTION 6 — SUMMARY
The Tennessee Food Freedom Act allows homemade food producers to
process many non-TCS foods at their private residence for sale to the public
within Tennessee. This law signicantly expanded the types of food products
allowed to be produced, including three notable types: low acid canned foods,
acidied canned foods and dehydrated foods. Producing these three types
of foods comes with a signicantly higher risk than previously allowed foods.
Also, labeling requirements now apply to all homemade foods sold under the
cottage food laws including producer information and a disclosure statement.
The FFA limits homemade food producers without a license or permit to
operate only at a private residence. Those operating under the previous
law in community kitchens will need to decide whether to switch their
operations to their own private residence or obtain a food manufacturing
permit from the Tennessee Department of Agriculture (TDA).
Finally, this document outlines only the minimum requirements needed
to legally produce and sell non-TCS foods in Tennessee without a license
or inspection by the TDA. Many of the products allowed under the FFA
require carefully controlled processing procedures and sanitary practices
to make them shelf-stable and safe for consumers. Future guidelines will
cover some of the standard practices for these higher risk products.
Section 5 — Additional Considerations
Tennessee’s Food Freedom Act – 2022 Homemade Foods Allowed under the “Cottage Food Laws” 9
SECTION 7 — ADDITIONAL
RESOURCES AND REFERENCES
For more information on processing, producing or testing
any homemade food products, contact:
University of Tennessee
Department of Food Science
2510 River Drive
Knoxville, TN 37996
Phone: 865-974-7331
Email: [email protected]
Website: foodscience.tennessee.edu
Section 7 — Additional Resources and References
Tennessee Department of Agriculture
Consumer and Industry Services, Food Safety Section
Ellington Agricultural Center
436 Hogan Road
Nashville, TN 37220
Phone: 615-837-5193
Email: [email protected]
Website: www.tn.gov/agriculture
Kyla Adkins
Extension Assistant
Phone: 865-974-4052
Email: [email protected]
Mark Morgan
Extension Specialist and Process Authority
Phone: 865-974-7499
Email: [email protected]
More information about business regulations, marketing and risk
management may be found from the following sources:
UT Extension Center for Protable Agriculture - cpa.tennessee.edu
Tennessee Small Business Development Center -tsbdc.org
References for information given in this document:
2009 Food Code - https://www.fda.gov/food/fda-food-code/food-code-2009
State of Tennessee Public Chapter No. 862, Senate Bill No. 693, By Niceley,
Bowling, Crowe - https://publications.tnsosles.com/acts/112/pub/pc0862.pdf
10 Tennessee’s Food Freedom Act – 2022 Homemade Foods Allowed under the “Cottage Food Laws”
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