Tennessee Food Freedom Act excludes raw milk

The Tennessee Food Freedom Act went into effect July 1, 2025 allowing commerce of cottage industry food products without a permit or license.

This new intrastate legislation provides by-default exemption for small scale food sales, but it does not include the sale of unpasteurized milk or dairy products. Tennessee remains a cow-share state, ie the consumer must obtain ownership of the cow or herd of cows through a private membership association.

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Changes to Cottage Law

From the TN Dept of Agriculture: Tennessee Food Freedom Act

Generally speaking, 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, except when the Department of Health is investigating a reported foodborne illness.

Bill Text: TN General Assembly – House Bill 130 – Food and Food Products – As enacted, adds certain conditions in order to produce and sell homemade food items. – Amends TCA Title 53 and Title 68, Chapter 14, Part 7.

SECTION 4. Tennessee Code Annotated, Section 53-1-118(b), is amended by adding the following as a new subdivision (3) and renumbering existing subdivision (3) and subsequent subdivisions accordingly:

(3) Time/temperature control for safety food homemade food items must:

(A) Not include unpasteurized milk or foods that are, or that contain, alcoholic beverages, fish, shellfish products, meat, meat byproducts, or meat food products;

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