Tennessee 2025-2026 Regular Session

Tennessee House Bill HB0130 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1	1
2		-	SENATE BILL 484
3		-	By Bowling
	2	+	<BillNo> <Sponsor>
4	3
5	4		HOUSE BILL 130
6	5		By Reneau
7	6
8	7
9	8		HB0130
10	9		001058
11	10		- 1 -
12	11
13	12		AN ACT to amend Tennessee Code Annotated, Title 53
14	13		and Title 68, Chapter 14, Part 7, relative to
15	14		homemade food items.
16	15
17	16		BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
18	17		SECTION 1. Tennessee Code Annotated, Section 53-1-102, is amended by deleting
19	18		subdivision (19) and substituting:
20	19		(19) "Homemade food item":
21	20		(A) Means a food item that is:
22	21		(i) Produced by or under the direct supervision of the producer at
23	22		the producer's private residence; and
24	23		(ii) Either, as defined by the department in rules promulgated
25	24		pursuant to the Uniform Administrative Procedures Act, compiled in title 4,
26	25		chapter 5:
27	26		(a) Non-time/temperature control for safety food; or
28	27		(b) Time/temperature control for safety food; and
29	28		(B) Does not include alcoholic beverages, unpasteurized milk or foods
30	29		that are, or that contain, alcoholic beverages, fish and shellfish products, meat,
31	30		meat by-products, poultry, or poultry by-products, except to the extent that the
32	31		sale of those items is permissible under federal law, including the following:
33	32		(i) Poultry, poultry by-products, or poultry food products, if the
34	33		food preparer raised the poultry pursuant to the one thousand (1,000) bird
35	34		exemption in 9 C.F.R., § 381.10(c);
36	35
37	36
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39	38
40	39		(ii) Poultry, poultry by-products, or poultry food products, if the
41	40		poultry is from an inspected source pursuant to 9 C.F.R., § 381.10(d); and
42	41		(iii) Meat, meat by-products, or meat food products, if the meat is
43	42		from an inspected source pursuant to 9 C.F.R., § 303.1(d).
44	43		SECTION 2. Tennessee Code Annotated, Section 53-1-118, is amended by deleting
45	44		subsections (a) and (b) and substituting:
46	45		(a)
47	46		(1) Notwithstanding part 2 of this chapter, or another law to the contrary,
48	47		except as provided in this section, the production and sale of homemade food
49	48		items under this chapter are exempt from all licensing, permitting, inspecting,
50	49		packaging, and labeling laws of this state, except when the department of health
51	50		is investigating a reported foodborne illness.
52	51		(2) Except as provided in this section, a producer may sell homemade
53	52		food items in this state to the extent permitted by federal law.
54	53		(b) The exemption under subsection (a) only applies if the following conditions
55	54		are satisfied:
56	55		(1)
57	56		(A) Homemade food items that do not contain dairy, meat, or
58	57		poultry must be sold either by:
59	58		(i) The producer to the consumer, whether in person or
60	59		remotely, including, but not limited to, a sale by telephone or
61	60		internet; or
62	61		(ii) An agent of the producer or a third-party vendor, such
63	62		as a retail shop or grocery store, to the consumer; and
64	63
65	64
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67	66
68	67		(B) Homemade food items that contain dairy, meat, or poultry
69	68		must be sold by the producer to the consumer, whether in person or
70	69		remotely, including, but not limited to, a sale by telephone or internet;
71	70		(2)
72	71		(A) Homemade food items that do not contain dairy, meat, or
73	72		poultry must be delivered either by:
74	73		(i) The producer to the consumer; or
75	74		(ii) An agent of the producer, a third-party vendor, or a
76	75		third-party carrier to the consumer; and
77	76		(B) Homemade food items that contain dairy, meat, or poultry
78	77		must be delivered by the producer to the consumer;
79	78		(3) The following information must be provided to the consumer, in the
80	79		format required by subdivision (b)(4):
81	80		(A) The name, home address, and telephone number of the
82	81		producer of the homemade food item;
83	82		(B) The common or usual name of the homemade food item;
84	83		(C) The ingredients of the homemade food item in descending
85	84		order of predominance;
86	85		(D) The date that the homemade food item was produced;
87	86		provided, that this subdivision (b)(3)(D) only applies to homemade food
88	87		items that are potentially hazardous or time/temperature control for safety
89	88		foods; and
90	89		(E) The following statement: "This product was produced at a
91	90		private residence that is exempt from state licensing and inspection. This
92	91		product may contain allergens.";
93	92
94	93
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96	95
97	96		(4)
98	97		(A) The information required by subdivision (b)(3) must be
99	98		provided:
100	99		(i) On a label affixed to the package, if the homemade
101	100		food item is packaged;
102	101		(ii) On a label affixed to the container, if the homemade
103	102		food item is offered for sale from a bulk container;
104	103		(iii) On a placard displayed at the point of sale, if the
105	104		homemade food item is neither packaged nor offered for sale from
106	105		a bulk container; or
107	106		(iv) On the webpage on which the homemade food item is
108	107		offered for sale, if the homemade food item is offered only for sale
109	108		on the internet; and
110	109		(B) If the homemade food item is sold by telephone or custom
111	110		order, the seller need not display the information required by subdivision
112	111		(b)(3), but the seller shall disclose to the consumer that the homemade
113	112		food item is produced at a private residence that is exempt from state
114	113		licensing and inspection, and may contain allergens. The seller shall
115	114		have the information required by subdivisions (b)(3)(A)-(D) readily
116	115		available and provide it to the consumer upon request; and
117	116		(5) If a homemade food item is potentially hazardous or time/temperature
118	117		control for safety food and is transported before final delivery to consumers, the
119	118		homemade food item must be maintained at an appropriate temperature.
120	119		SECTION 3. This act takes effect July 1, 2025, the public welfare requiring it.