4 l Starting a Food Manufacturing Business in Tennessee: Summary of Food Manufacturing Regulations and Resources
Summary of Food
Manufacturing Regulations in
Tennessee by Category of Food
Producers may use the table below
to help identify which category of
food they plan to manufacture and
learn basic information about the
regulations involved in manufacturing
each type of product.
Characteristics
and Regulations
Class/Type of Food
Non-potentially Hazardous Foods
— Cottage Food Law
Potentially Hazardous Foods, Time/
Temperature Control for Safety (TCS)
Foods and Non-potentially Hazardous
Foods Not Covered by Cottage Food
Law
Formulated Acid Foods Acidied Foods
Common
Examples
Baked goods that have a water
activity level of less than
0.85; fruit jams, jellies and
preserves; fruit butters (apple,
peach, etc.); canned fruit
(naturally acidic fruits only),
candy, dry spices (oregano,
thyme, rosemary, sage).
Note that recipe modications
such as “low sugar” or adding
vegetables (squash, carrots,
onions, peppers) may turn a
non-potentially hazardous
food into a potentially
hazardous product.
Baked goods requiring refrigeration
(cheesecake, custard or cream
pies, etc.); fresh salsas, soups or
dips requiring refrigeration; frozen
fruit or vegetables; processed or
cut fruits and vegetables such as
salads; juices; cooked rice and
pasta; sandwiches; etc.
Non-potentially hazardous
products not meeting the
limitations of the cottage food law
must adhere to this category of
regulations as well.
Many shelf-stable sauces and
dressings (barbecue sauce, hot
sauces, mayonnaise, marinades);
canned tomatoes (pH < 4.7);
fermented products (kombucha,
sauerkraut); sugar-free jams/
jellies/apple butters; etc.
Shelf-stable elderberry
syrup, salsas, chow-chows,
corn relishes, pickles,
pickled eggs or vegetables,
and some barbecue
sauces and hot sauces
containing a signicant
amount of low-acid foods
such as peppers. Typically
vinegar (acetic acid) or
citric acid is used to lower
the pH of the product.
Denition/
Description
Non-potentially hazardous foods
do not support the growth of
bacteria, and the processing
steps do not require stringent
time and/or temperature controls
to assure a safe product. Non-
potentially hazardous foods
are typically naturally acidic
(typically pH < 4.2), have a low
water activity (Aw < 0.85), or a
combination of both that limits
pathogen growth.
Things high in sugar or salt
content, baked, or dried typically
have low water activity, but it
depends on the actual ingredients
and process conditions.
Potentially hazardous food
containing ingredients capable of
supporting rapid and progressive
growth of infectious or toxigenic
microorganisms when stored
at temperatures in excess of 45
degrees F, if a cold food, or below
140 degrees F, if a hot food.
Time/temperature control for
safety food means a food that
requires time or temperature
control for safety (TCS) to limit
pathogenic microorganism growth
or toxin formation.
These foods require time and/or
temperature control because they
create risks for foodborne illness
if not processed, prepared, or
handled correctly.
Regulations in this column also
apply to non-potentially hazardous
foods sold wholesale (to a retail
store, restaurant, distributor,
etc.), sold across state lines, with
full-time employees or with health
claims on the label.
Acidic foods are lower risk,
potentially hazardous foods
because most harmful bacterial
will not survive or grow under the
acidic conditions. Formulated
acid foods are normally acid
foods (or a mixture of acidic
ingredients) but may have a
“small amount” of low-acid
ingredients added. Regulations
require formulated acid foods
to have a nal equilibrium pH of
4.6 or below. The foods should
not contain greater than 10
percent by weight of low-acid
ingredients. Also, the low-acid
ingredients cannot signicantly
raise the equilibrium pH of
the predominant acid or acidic
ingredient(s).
pH is a measurement taken with
a pH meter that describes how
alkaline or acidic a substance
is. The pH scale ranges from 0
(the most acid) to 14 (the most
alkaline), with 7 considered
neutral. Most foods have
pH values in the acid range
between 2 to 6.5. Whole foods
or ingredients are categorized as
acid (pH < 4.6) or low-acid (pH
between 4.6 and 7.0) based on
the natural acidity of the product.
Acidied foods are
low-acid foods to which
acid(s) or acid food(s)
are added to produce
a product that has a
nished equilibrium pH of
4.6 or below and a water
activity greater than 0.85.
Equilibrium pH is the
condition achieved when
all components of the
food, both liquid and solid,
reach the same pH.
For acidied foods, pH
control is critical to
prevent botulism from
the microorganism,
clostridium botulinum.
Photo Credit: Tennessee Department of Agriculture