(a) Notwithstanding part 2 of this chapter, or another law to the contrary, except as provided in this section, the production and sale of homemade food items under this chapter 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.
Terms Used In Tennessee Code 53-1-118
Delivered: means transferred to the consumer, either immediately upon sale or at a time thereafter. See Tennessee Code 53-1-102
Food: means : (A) Articles used for food or drink for humans or other animals. See Tennessee Code 53-1-102
Homemade food item: means a food item, including a non-alcoholic beverage, which is produced and, if packaged, packaged at the private residence of the producer. See Tennessee Code 53-1-102
Label: means a display of written, printed, or graphic matters upon the immediate container of any article, and a requirement made by or under authority of this chapter, that any word, statement, or other information appearing on the label shall not be considered to be complied with unless the word, statement or other information also appears on the outside container. See Tennessee Code 53-1-102
Labeling: means all labels and other written, printed or graphic matter:(A) Upon any article or any of its containers or wrappers. See Tennessee Code 53-1-102
Person: includes an individual, partnership, corporation and association. See Tennessee Code 53-1-102
Seller: means a person who sells a homemade food item to a consumer. See Tennessee Code 53-1-102
State: means the state of Tennessee and its political subdivisions. See Tennessee Code 53-1-102
(b) The exemption under subsection (a) only applies if the following conditions are satisfied:
(1) Non-time/temperature control for safety food homemade food items must be sold either by:
(A) The producer to the consumer, whether in person or remotely, including, but not limited to, a sale by telephone or internet; or(B) An agent of the producer or a third-party vendor, such as a retail shop or grocery store, to the consumer;(2) Non-time/temperature control for safety food homemade food items must be delivered either by:
(A) The producer to the consumer; or(B) An agent of the producer, a third-party vendor, or a third-party carrier to the consumer;(3) The following information must be provided to the consumer, in the format required by subdivision (b)(4):
(A) The name, home address, and telephone number of the producer of the homemade food item;(B) The common or usual name of the homemade food item;(C) The ingredients of the homemade food item in descending order of predominance; and(D) The following statement: “This product was produced at a private residence that is exempt from state licensing and inspection. This product may contain allergens.”; and(4)(A) The information required by subdivision (b)(3) must be provided:
(i) On a label affixed to the package, if the homemade food item is packaged;(ii) On a label affixed to the container, if the homemade food item is offered for sale from a bulk container;(iii) On a placard displayed at the point of sale, if the homemade food item is neither packaged nor offered for sale from a bulk container; or(iv) On the webpage on which the homemade food item is offered for sale, if the homemade food item is offered only for sale on the internet; and(B) If the homemade food item is sold by telephone or custom order, the seller need not display the information required by subdivision (b)(3), but the seller shall disclose to the consumer that the homemade food item is produced at a private residence that is exempt from state licensing and inspection, and may contain allergens. The seller shall have the information required by subdivisions (b)(3)(A)-(C) readily available and provide it to the consumer upon request.(c) This section does not:
(1) Impede the department of health in an investigation of a reported foodborne illness;(2) Preclude the production or sale of food items otherwise authorized by law;(3) Change the regulation of other goods and services where homemade food items are also produced or sold;(4) Exempt producers or sellers of homemade food items from any applicable tax law; or(5) Apply to sales other than intrastate sales made within this state.(d) This section preempts county, municipal, and other political jurisdictions from prohibiting and regulating the production and sale of homemade food items.
