Memphis Cottage Food Laws & State Requirements

Tennessee Cottage Food Exemptions & Allowed Foods

Tennessee's Department of Health allows certain non-potentially hazardous foods to be made in a home kitchen under its Homestead Food Operation exemption. Permitted items include jams, jellies, dried goods, baked goods (non-potentially hazardous), honey, and certain dried herbs—but NOT foods requiring refrigeration like salsa with fresh vegetables, cheesecake, or canned meats. The Tennessee Department of Agriculture and Regulatory Services (DARS) oversees these exemptions, and products must be labeled clearly with your name, address, product name, and date made. For specific approval of your product category, contact the Tennessee Department of Health directly, as some items require case-by-case evaluation.

Shelby County & Memphis-Specific Health Department Rules

Shelby County Health Department enforces additional local standards beyond state law. While Tennessee allows homestead food operations, Shelby County requires registration and inspection of home kitchens before you can legally sell any prepared food items. Producers must maintain separate cooking areas from family food preparation, have certified hand-washing stations, and follow HACCP (Hazard Analysis Critical Control Points) protocols. Direct-to-consumer sales (selling from your home or farmers market) are permitted for registered operations, but wholesale distribution to stores or restaurants requires a commercial kitchen license. Contact the Shelby County Health Department's Food Protection Division at (901) 222-9636 to begin the registration process.

Federal FDA Standards vs. State Exemptions

Federal FDA regulations (Food Safety Modernization Act) are stricter than Tennessee's homestead exemptions—the FDA does not recognize a blanket home kitchen exemption like some states do. However, Tennessee's state exemption effectively preempts federal rules for allowed categories under the Homestead Food Operation law, so registered Tennessee producers of approved items are legally protected. Foods like potentially hazardous items (sauces with fresh ingredients, dairy products, meat products) cannot be made at home under any exemption and must be produced in a licensed, inspected commercial kitchen. The FDA also requires proper labeling, allergen declarations, and traceability records for any interstate sales, even if intrastate sales seem exempt.

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