Bakery Permits & Licenses in Memphis, TN

Not mandated by Tennessee law, but highly recommended for bakeries selling edible goods. Covers claims related to food contamination, foreign objects, or allergic reactions. Required by many event venues, farmers markets, and wholesale buyers. Enforced through private contracts rather than state statute.

Required for all LLCs; annual report required separately (see below)

Applies to all LLCs; filed online via SOSDirect

Required if using trade name/DBA; renew every 4 years ($20); county-specific filings

Required for bakeries preparing/selling food; local health dept issues under state authority; HACCP plan may be required

All retailers must register; file returns monthly/quarterly based on revenue; state sales tax 7% + local

Bakery classified under Retail Sales; issued by county/municipal clerk; state privilege tax may also apply

Required for all businesses selling tangible personal property or taxable services. Bakeries selling prepared goods are subject to sales tax. Registration is done via the Tennessee Taxpayer Access Point (TNTAP).

All Tennessee LLCs are subject to franchise and excise tax unless exempt. Excise tax is a flat 6.5% on net earnings. Franchise tax is based on the greater of $2.50 per $100 of net worth or $0.25 per $100 of real and tangible property in Tennessee. Annual return due by the 15th day of the 4th month after the close of the taxable year (e.g., May 15 for calendar-year filers).

Required for employers who withhold state income tax from employee wages. Tennessee does not have a state income tax on wages, but employers must still register if they are subject to federal withholding or if they operate in jurisdictions with local income taxes (e.g., Nashville). However, this registration is primarily for reporting purposes. Registration via TNTAP.

All employers with one or more employees must register. New employers pay 2.7% on first $7,000 of each employee’s wages annually. Registration is completed through the Tennessee Workforce Connection Employer Portal.

Not legally required in Tennessee. May be advisable for bakeries offering custom-designed cakes or consulting services where errors in design or delivery could lead to client disputes. Not regulated by state law; considered a risk management best practice.

Only required if the bakery holds a liquor license (e.g., for a coffee shop or event space serving wine). Most bakeries do not serve alcohol and thus are not subject to this requirement. If applicable, coverage must be maintained continuously while license is active.

Even single-member LLCs without employees may need an EIN if they elect corporate taxation or open a business bank account. Application can be completed online at no cost.

Single-member LLCs are disregarded entities by default and report income on Schedule C. Multi-member LLCs are treated as partnerships and must file Form 1065. Profits subject to self-employment tax unless structured as S-corp.

Required to maintain safe workplace, provide hazard communication training, post OSHA poster (Form 2203), and report work-related fatalities within 8 hours or hospitalizations within 24 hours. Bakeries may have specific risks related to ovens, mixers, and slip hazards.

Must ensure accessible entrances, counters, restrooms (if provided), and service access. Applies regardless of number of employees. Title III of ADA covers public accommodations.

Tennessee bakeries that sell across state lines or source ingredients through interstate commerce must register. Registration must be renewed every even-numbered year between October 1 and December 31. Failure to renew results in automatic cancellation.

Nashville imposes a Business Tax on gross receipts. For bakeries (retail), the tax applies if gross receipts exceed $10,000 annually. Rate is 1.75% for retail sales. Other Tennessee cities (e.g., Memphis, Knoxville) may have similar taxes. Check local government websites for jurisdiction-specific rules.

While not a tax per se, this permit is mandatory for bakeries and often tied to local business licensing and tax compliance. Administered by local health departments but overseen by TDH. Required for sales tax nexus and local privilege tax registration in most jurisdictions.

Tennessee taxes prepared food, including most bakery items sold for immediate consumption (e.g., cakes, cookies, sandwiches). Raw, uncooked ingredients sold as groceries may be exempt. Businesses must determine taxability per item. Registration via TNTAP is required.

Required for ALL bakeries selling food to public. Local health dept (53 counties) inspects plan review, then issues permit. See county list: https://www.tn.gov/health/cedep/environmental/food-safety/local-health-depts.html

REQUIRED in most cities/counties. Bakery classification typically "retail food." Use TN Comptroller tool for your locality: https://comptroller.tn.gov/office-functions/pa/local-government/financial-indicators/business-tax-free-zone-map.html

Bakery must be in approved commercial/food zone. Home occupation permit if home-based (rare for retail bakery). Check specific code via municode search.

Bakery under Group 4 (food stores). https://library.municode.com/tn/nashville_and_davidson_county/codes/code_of_ordinances?nodeId=TIT11BU_CH11.04BU.html

https://www.nashville.gov/sites/default/files/2024-01/Food_Establishment_Permit_App_2024.pdf

Required for ovens, hood suppression. Code: NFPA 1/IFC. https://library.municode.com/tn/nashville_and_davidson_county/codes/fire_prevention_and_protection

https://library.municode.com/tn/memphis/codes/code_of_ordinances?nodeId=TIT16BU_CH16-56BUPLI

Required for all food prep/sale.

https://library.municode.com/tn/knoxville/codes/code_of_ordinances?nodeId=PTIISBU_CH17BU

Bakery kitchen fit-outs typically require.

Size/location regulated.

IFC/NFPA standards.

Confirms zoning/building/fire compliance.

Mandatory for all employers with 5 or more employees in Tennessee. Agricultural and domestic workers may be exempt. Sole proprietors without employees are not required to carry coverage but may elect to do so. Bakeries typically fall under NAICS 311811 (Bread and Bakery Products Manufacturing) for classification.

Not mandated by Tennessee state law for all businesses, but often required by landlords, lenders, or local health departments. Strongly recommended for bakeries due to slip-and-fall and food-related risks. Enforced indirectly through local regulations or contractual obligations.

Must comply with Nutrition Facts labeling, ingredient lists, allergen declarations (e.g., wheat, eggs, dairy), and net quantity statements. Exemptions may apply under the Food Labeling Guide for very small producers or direct sales.

Requires a written Food Safety Plan including hazard analysis, preventive controls, monitoring, verification, and recordkeeping. Small businesses (less than $1M in sales) may qualify for modified requirements under Subpart C.

Bakery advertising (online, packaging, menus) must be truthful, not misleading, and substantiated. Includes claims about ingredients, sourcing (e.g., "organic"), and health benefits. Applies to social media and influencer promotions.

Employers must verify identity and work authorization using Form I-9. Employers must retain forms for 3 years after hire or 1 year after employment ends, whichever is later. No e-verify requirement unless federal contractor.

Applies to nearly all bakeries due to interstate commerce. Requires payment of federal minimum wage ($7.25/hour) and overtime (1.5x regular rate for hours over 40/week). Recordkeeping of wages, hours, and employee data required.

Requires posting of FMLA notice and providing eligible employees (worked 1,250 hours in past 12 months) up to 12 weeks of unpaid, job-protected leave annually for qualifying reasons.

Required for any vehicle used for business purposes, including delivery vans or trucks. Minimum liability limits: $25,000 bodily injury per person, $50,000 per accident, and $15,000 for property damage (25/50/15). Applies regardless of business type if vehicle is registered commercially.

Not required statewide. Some cities (e.g., Nashville, Memphis) may require a $1,000–$5,000 surety bond as part of the local business license process. This is not a performance or contractor bond but a financial responsibility bond. Check with local clerk’s office for specific requirements.

While no federal license, bakeries must comply with local pretreatment programs under Clean Water Act. Improper disposal of fats, oils, and grease (FOG) can lead to sewer blockages and federal enforcement. Voluntary food recovery encouraged.

HARPC is part of the Preventive Controls rule. Requires facility to have a written plan identifying biological, chemical, and physical hazards, implementing preventive controls, and monitoring effectiveness. Small and very small businesses may be exempt.