If you sell food to the public, you fall into one of several categories:
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Onsite consumption = concessions, which is regulated by the Hamilton County Health Department and requires mobile food permits (among other details). Nothing significant has changed here, and we have been tracking permits and compliance for several years now.
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Farms harvesting fresh produce fall under the TNDA, and generally do not require any permits provided there has been no modification/processing of the harvested product (ie, shucked peas = processing, requires additional permits).
The final two categories involve all other forms of packaged or processed food manufacturers.
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if you prepare your foods in a commercial kitchen, then you must have a TNDA Manufacturer’s Permit. This permit entities you to a broader range of eligible products, but also requires more inspections, costs, and compliance aspects. Many of our vendors have this, and it’s definitely the safest approach.
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if you do not have a TNDA Manufacturer’s Permit, then you are operating under the cottage laws which have been further updated as Food Freedom laws. These products can not be made in a commercial kitchen - they must be produced in a home kitchen. Further, the types and kinds of products produced are restricted, and require special labeling.
If you are operating under the Food Freedom guidelines, please review this document and verify that every aspect of it is being met. Online Link Here
I’m not going to read you the entire document, but a few things to point out, which I am certain some of our past participants would no longer be compliant towards (without some updating/changes to operations):
- Products shall not contain meat, poultry, fish, or whole eggs.
- Finished product shall not require refrigeration for safety.
- Foods prepared under Tennessee Food Freedom Act are not
approved to be used in a food service establishment - Intrastate sales only – products shall only be sold within Tennessee
Additionally, there are new labelling requirements under the Food Freedom Act:
- Producer name
- Home address and phone number
- Common name of food
- Ingredients in descending order of prominence
- Sub-ingredients must be declared for any ingredient
containing more than one ingredient itself. - Required Disclaimer:
- “This product was produced at a private residence that is
exempt from state licensing and inspection. This product may
contain allergens.”
If you plan to sell food products at any of our markets under the Food Freedom Act, make sure that your labels are current and that we know the entire list of products you will be selling (email us a list of those items). We will be inspecting all items moving forward, and all items not in compliance will be immediately pulled from sale.
It is your responsibility to maintain awareness and compliance with all laws in the State of Tennessee, as this is where you are conducting business. And please consider this post as a helpful reminder – I promise you that State Inspectors will also be onsite this season, and our bark is a lot kinder than their bite. Do the right thing, stay compliant with this very generous expansion of the cottage laws, and you will be in good shape.