Cottage Food Laws in Tennessee

Can You Sell Food and Beverage out of Your Home in Tennessee?

Yes, it is possible to sell food and beverage out of a home in Tennessee. According to the Tennessee Department of Agriculture, individuals may obtain a cottage food permit from the Division of Food Safety to sell certain non-hazardous foods from their home. Eligible foods include baked goods without cream, custards, or meat fillings, candy, jams and jellies, popcorn, and dehydrated fruits and vegetables. For a complete list of approved products and to apply for a cottage food permit, visit the Division of Food Safety website.

What is the Cottage Food Law in Tennessee?

The Cottage Food Law in Tennessee allows individuals to prepare and sell certain non-potentially hazardous food and beverages directly to consumers from a home kitchen. The types of foods that can be sold under the law include baked goods, jams, jellies, pepper sauces, candies, coffee and tea blends, dried herbs and spices, popcorn, trail mix, honey, and other non-potentially hazardous food items. There are specific regulations that must be followed in order to be in compliance with the Cottage Food Law. These regulations include obtaining a license from the county health department, labeling products correctly, and adhering to food safety and sanitation guidelines.

What is Required on a Cottage Food Label in Tennessee?

In Tennessee, cottage food labels must include the following information:

1. The name and physical address of the cottage food operation.
2. A list of ingredients in descending order of predominance by weight.
3. The net weight of the product.
4. An allergen statement, which must include whether the product contains any of the following eight allergens: milk, eggs, fish, crustacean shellfish, tree nuts, peanuts, wheat and soybeans.
5. The name of the product.
6. The statement “Made in a Cottage Food Operation that is not Subject to Tennessee Department of Health Regulation” or “Made in a Home Kitchen that is not Subject to Tennessee Department of Health Regulation” as appropriate.
7. The name and address of the cottage food operator or home kitchen in which the product was made.

Are Cottage Foods Taxable in Tennessee?

Yes, cottage foods are taxable in Tennessee. According to the Tennessee Department of Revenue, “Sales of cottage foods are taxable under the sales and use tax laws.” To properly collect and report taxes for your cottage food business, you must obtain a sales tax certificate from the Tennessee Department of Revenue. For more information, please visit the Tennessee Department of Revenue website.

Do You Need to Establish a Business Entity to Sell Cottage Foods in Tennessee?

Yes. In Tennessee, cottage food producers must register with their local county health department and obtain a cottage food permit prior to selling products. In addition, it is recommended that cottage food producers establish a business entity, such as a limited liability company (LLC), to gain certain legal protections from personal liability and other benefits.

What Permits do You Need to Sell Food out of Your Home in Tennessee?

In the state of Tennessee, anyone who wants to sell food out of their home must obtain a Food Service Establishment (FSE) license from the Tennessee Department of Agriculture. This license is necessary for selling any type of food, including baked goods, canned or preserved foods, or even prepared meals. The application process for the license includes submitting a plan review application with a $100 fee, and then completing an on-site inspection by the Department of Agriculture. In addition, there may be local regulations that need to be adhered to, including obtaining any necessary permits from the local health department and obtaining a business tax permit.

Does a Cottage Food Business Need a Food Handlers License in Tennessee?

No, a cottage food business does not need a food handlers license in Tennessee. However, there are regulations and guidelines that must be met, such as completing an allergen awareness training program, properly labeling products, obtaining a Certificate of Registration from the Department of Agriculture, and following food safety guidelines.

How Much does it Cost to Obtain a Food Safety License or Certification in Tennessee?

The cost to obtain a Food Safety License or Certification in Tennessee depends on the type of certification needed. Generally, the costs range from $50 for a Food Handler’s Certificate to $175 for a Certified Food Protection Manager Certification. The cost also includes the examination fee.

Who Regulates Food Safety in Tennessee?

Food safety in Tennessee is regulated by the Tennessee Department of Agriculture (TDA). The TDA’s Food Safety Division is responsible for the inspection and enforcement of food safety regulations in the state.

How Long Does a Food Handlers License Last in Tennessee?

A food handler’s license in Tennessee does not expire and is valid indefinitely.

What Permits do You Need for a Food Truck in Tennessee?

In Tennessee, food trucks must obtain a Mobile Food Unit license from the health department. This requires an application, a plan review, and payment of a fee. The food truck must also obtain Tennessee business licenses, a Tennessee sales and use tax permit, and a Tennessee license plate. Additionally, some cities may require additional permits or licenses.

What Permits do You Need for a Food Booth in Tennessee?

The exact permits needed for a food booth in Tennessee will depend on the type of food and the location of the booth. Generally, food service operators in Tennessee must obtain a food service permit from the county health department and a business license from the county clerk. Depending on the specific location, additional permits or licenses may be required.

What Permits do You Need for a Cottage Food Business in Tennessee?

In Tennessee, cottage food businesses need to obtain a Food Service Establishment permit from the State Department of Agriculture. Additionally, cottage food businesses must have a basic food safety certification from a recognized food safety provider. The permits may be obtained in person or online through the State’s Department of Agriculture website.

What are the Penalties for Selling Food without a Permit in Tennessee?

The penalties for selling food without a permit in Tennessee vary depending on the county. In Davidson County, for example, the penalty for operating without a permit is a Class C Misdemeanor, punishable by up to 30 days in jail and/or up to a $50 fine. Other counties may have similar or even stricter penalties. Additionally, the Tennessee Department of Agriculture can issue fines of up to $1,000 for each violation of the Tennessee Food Establishment Rules.