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Selling pesto in Tennessee

Sources last read Oct 8, 2026

What Tennessee's own pages say about making pesto at home, each line linked, and the path to a store when you want one to stock it.

Run the free rules check for it: no account, no AI.

A sketch of Pesto in its tub.
General information, not advice. This is written for small food makers and cites its sources, but it is not legal, regulatory or food-safety advice, and it cannot account for your product, your state or your facility. Rules change and thresholds are adjusted yearly. Confirm anything you are about to act on with your state agency, a Process Authority, or the FDA.

Can I make pesto at home in Tennessee?

Tennessee's own pages name pesto, or foods like it, in both of Tennessee's lists: what a home kitchen may make and what it may not. ShelfStep found these lines by the words they use; whether they cover your product is for the Tennessee Department of Agriculture to say. Those lines, as the state writes them:

  • Tennessee's Tennessee Food Freedom Act rules: what may be made at homeTennessee Department of Agriculture, Tennessee Food Freedom Act says:“Effective July 1, 2025, the Tennessee legislature amended the Tennessee Food Freedom Act (T.C.A. § 53-1-118 ) to allow for the production and sale of certain time/temperature controlled food items.”Tennessee Department of Agriculture, Tennessee Food Freedom Act · Read Oct 8, 2026
  • Tennessee's Tennessee Food Freedom Act rules: what may be made at homeTennessee General Assembly, 2026 Tennessee Code Bill, Volume 2, §53-1-118 (PDF p.58) says:“(3) Time/temperature control for safety food homemade food items must: ... (B) Be sold only to the extent permissible by federal law, including, but not limited to, poultry, poultry byproducts, or poultry food products, which are permitted if: (i) The home-based food business operates as a poultry producer in compliance with the 1,000-poultry exemption under 9 CFR 381.10(c) and uses only exempted poultry products, byproducts, or food products; or (ii) The home-based food business complies with 9 CFR 381.10(d), uses only federally or state-inspected and passed poultry products bearing the official mark of inspection, and meets all other applicable exemption requirements under 9 CFR 381.10(d); and”Tennessee General Assembly, 2026 Tennessee Code Bill, Volume 2, §53-1-118 (PDF p.58) · Read Oct 8, 2026
  • Tennessee's Tennessee Food Freedom Act rules: what may not be made at homeTennessee General Assembly, 2026 Tennessee Code Bill, Volume 2, §53-1-118 (PDF p.58) says:“(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;”Tennessee General Assembly, 2026 Tennessee Code Bill, Volume 2, §53-1-118 (PDF p.58) · Read Oct 8, 2026

What rules does pesto come under beyond Tennessee's?

Outside a home kitchen, ShelfStep's plan reads pesto as a refrigerated or frozen food. The plan's own line for it, a default and not a law:

ShelfStep’s plan default, not a lawFrozen or refrigerated (non-meat): cold chain, shelf-life / challenge study, "keep frozen/refrigerated" labeling.21 CFR 114.3

What the rules behind it say, in their own words, with the page and the day ShelfStep read each. ShelfStep does not decide which of them apply to your product.

Source to check: the rules behind ShelfStep's plan for pesto
  • Acidified foods kept under refrigeration21 CFR 114.3(b) says:“and foods that are stored, distributed, and retailed under refrigeration are excluded from the coverage of this part.”21 CFR 114.3(b) · Read Oct 8, 2026
Source to check: FDA food facility registration
  • FDA's definition of a food facility21 CFR 1.227 says:“Facility means any establishment, structure, or structures under one ownership at one general physical location, or, in the case of a mobile facility, traveling to multiple locations, that manufactures/processes, packs, or holds food for consumption in the United States. ... The private residence of an individual is not a facility.”21 CFR 1.227 · Read Oct 8, 2026

Where may food made at home be sold in Tennessee?

  • Tennessee's Tennessee Food Freedom Act rules: where it may be soldTennessee General Assembly, 2026 Tennessee Code Bill, Volume 2, §53-1-118 (PDF p.58) says:“(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;”Tennessee General Assembly, 2026 Tennessee Code Bill, Volume 2, §53-1-118 (PDF p.58) · Read Oct 8, 2026
  • Tennessee's Tennessee Food Freedom Act rules: where it may be soldTennessee General Assembly, 2026 Tennessee Code Bill, Volume 2, §53-1-118 (PDF p.58) says:“(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;”Tennessee General Assembly, 2026 Tennessee Code Bill, Volume 2, §53-1-118 (PDF p.58) · Read Oct 8, 2026
  • Tennessee's Tennessee Food Freedom Act rules: where it may be soldTennessee General Assembly, 2026 Tennessee Code Bill, Volume 2, §53-1-118 (PDF p.58) says:“(3) Time/temperature control for safety food homemade food items must: ... (C) Be sold either by: (i) The producer to the consumer, in person; or (ii) An agent of the producer, in person, such as a farm stand located on the property where the food was prepared;”Tennessee General Assembly, 2026 Tennessee Code Bill, Volume 2, §53-1-118 (PDF p.58) · Read Oct 8, 2026
  • Tennessee's Tennessee Food Freedom Act rules: where it may be soldTennessee General Assembly, 2026 Tennessee Code Bill, Volume 2, §53-1-118 (PDF pp.58–59) says:“(c) This section does not: ... (5) Apply to sales other than intrastate sales made within this state.”Tennessee General Assembly, 2026 Tennessee Code Bill, Volume 2, §53-1-118 (PDF pp.58–59) · Read Oct 8, 2026

What does Tennessee say a home-made label must carry?

  • Tennessee's Tennessee Food Freedom Act rules: the home-made labelTennessee General Assembly, 2026 Tennessee Code Bill, Volume 2, §53-1-118 (PDF pp.58–59) says:“(4) The following information must be provided to the consumer, in the format required by subdivision (b)(5): ... (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”Tennessee General Assembly, 2026 Tennessee Code Bill, Volume 2, §53-1-118 (PDF pp.58–59) · Read Oct 8, 2026
  • Tennessee's Tennessee Food Freedom Act rules: the home-made labelTennessee General Assembly, 2026 Tennessee Code Bill, Volume 2, §53-1-118 (PDF pp.58–59) says:“(4) The following information must be provided to the consumer, in the format required by subdivision (b)(5): ... (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”Tennessee General Assembly, 2026 Tennessee Code Bill, Volume 2, §53-1-118 (PDF pp.58–59) · Read Oct 8, 2026
  • Tennessee's Tennessee Food Freedom Act rules: the home-made labelTennessee General Assembly, 2026 Tennessee Code Bill, Volume 2, §53-1-118 (PDF pp.58–59) says:“(5)(A) The information required by subdivision (b)(4) 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”Tennessee General Assembly, 2026 Tennessee Code Bill, Volume 2, §53-1-118 (PDF pp.58–59) · Read Oct 8, 2026
  • Tennessee's Tennessee Food Freedom Act rules: the home-made labelTennessee General Assembly, 2026 Tennessee Code Bill, Volume 2, §53-1-118 (PDF pp.58–59) says:“(B) If the homemade food item is sold by telephone or custom order, the seller need not display the information required by subdivision (b)(4), 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)(4)(A)-(C) readily available and provide it to the consumer upon request.”Tennessee General Assembly, 2026 Tennessee Code Bill, Volume 2, §53-1-118 (PDF pp.58–59) · Read Oct 8, 2026

How do I get pesto into a store in Tennessee?

  • Tennessee's Tennessee Food Freedom Act rules: what applies beyond the home-kitchen rulesTennessee General Assembly, 2026 Tennessee Code Bill, Volume 2, §53-1-204 (PDF p.60) says:“(a)(1) Except as provided in § 53-1-118, a person shall not manufacture, process, pack, or hold food for introduction into commerce unless the person holds a valid license issued by the commissioner.”Tennessee General Assembly, 2026 Tennessee Code Bill, Volume 2, §53-1-204 (PDF p.60) · Read Oct 8, 2026

From there, ShelfStep's standard plan for a refrigerated or frozen food has 20 steps. The first 6 help you find out where and how pesto can be made at all, so they come first:

  1. 1.

    Write the recipe down with exact amounts

    Cost, price, nutrition and the label are all worked out from this. Write it in the units you actually use; ShelfStep converts for the label. What matters is that someone else could make the same batch from what is written.

  2. 2.

    Decide how it is kept: on a shelf, in the fridge or frozen

    The planned storage helps the reviewer assess the process, shelf life and packaging.

    In the plan: It decides which rules you follow.

  3. 3.

    Work out how it stays cold from your kitchen to the shop

    If your product needs refrigeration or freezing, plan how to keep it cold at every hand-off. Who keeps it cold at each hand-off, and how you would know if they did not, is what a buyer asks first.

  4. 4.

    Find out where you are allowed to make it for sale

    This finds out whether the state’s rules allow making this in a home kitchen or point to a commercial one — and that changes the cost and the timeline of everything after it. It is much cheaper to find out now than after buying packaging.

    In the plan: Your state's home-kitchen rules, in its own words. Whether they cover your product is for your state's agency to say.

  5. 5.

    Have the pH and water activity of a finished batch measured

    These measurements give your reviewer information about the batch; they do not establish safety or storage conditions on their own.

    In the plan: The two numbers the acidified-food rules name. Measured on the finished product, once it has settled.

  6. 6.

    Get a Process Authority's letter on how it is made safe

    Ask a qualified reviewer which process and storage conditions your product needs. This is where you ask someone qualified, a Process Authority, to put in writing how the product is made safe. Buyers, insurers and inspectors may ask for that document, and it cannot be obtained after the fact for product you have already sold.

    In the plan: Needs the pH first. Their letter sets out the process they ask you to hold to, and the storage line for your label.

Every step, with its reason and what it typically costs, is on the pesto page:

1. Write the recipe down with exact amounts2. Decide how it is kept: on a shelf, in the fridge or frozen3. Work out how it stays cold from your kitchen to the shop4. Find out where you are allowed to make it for sale5. Have the pH and water activity of a finished batch measured6. Get a Process Authority's letter on how it is made safe7. Look into FDA registration8. Choose the container and what seals it9. Shortlist three co-packers or commercial kitchens10. Work out what one batch, and one unit, costs to make11. Set up lot codes and a recall plan12. Make a first full-size batch13. Find out how long it keeps14. Get barcodes15. Draft the label with everything it has to say16. Set the wholesale and shelf price from the cost17. Sell it at a market before you scale18. Get product liability insurance19. Make the one-page sheet a buyer reads20. Name your first three stores

Where do I go from here?

How to sell pesto to storesEvery step, its reason and its typical costSelling food made at home in TennesseeAll of Tennessee's lines, what you may make, register and outgrow
How do I find and choose a co-packer?5 min readHow do I work out my shelf life and best-by date?4 min readDo I need to register with the FDA to sell my food product?4 min read

Check the rules for yours, then keep it

The rules check runs the same deterministic engine ShelfStep uses inside the app, on your answers, and quotes the sentences each rule rests on, with their links and the day ShelfStep read them. It does not decide which apply. It is free, needs no account and uses no AI. A ShelfStep workspace then keeps your plan, your records and the dates, free for one product.

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Something here out of date, or a state we should write up next? Email hello@shelfstep.com.