Is Unpasteurized Cheese Legal in Tennessee After the 2026 Framework Overhaul?

No, unpasteurized cheese is illegal in Tennessee unless it meets narrow federal exceptions, as the state enforces the FDA’s pasteurization mandate under 21 CFR § 133.182. Tennessee’s Department of Agriculture aligns with these federal standards, banning raw-milk cheeses aged less than 60 days. Retail sales of non-compliant cheeses are prohibited, though limited direct-to-consumer sales may occur under strict federal exemptions.

Key Regulations for Unpasteurized Cheese in Tennessee

  • Federal Pasteurization Mandate: Tennessee enforces FDA regulations requiring all cheeses sold at retail to be made from pasteurized milk, with 60-day aging as the sole exception for raw-milk varieties (21 CFR § 133.182).
  • State Enforcement: The Tennessee Department of Agriculture (TDA) conducts routine inspections of dairy processors and retailers, seizing non-compliant unpasteurized cheeses under the Tennessee Food, Drug, and Cosmetic Act.
  • Limited Exemptions: Direct-to-consumer sales of raw-milk cheese aged ≥60 days are permitted under federal law (21 CFR § 133.182), but Tennessee imposes additional labeling and record-keeping requirements enforced by the TDA.

Recent 2026 compliance shifts include stricter third-party testing protocols for imported raw-milk cheeses, aligning Tennessee with FDA’s updated Model Food Code provisions. Violations may result in civil penalties or criminal misdemeanor charges under Tennessee Code Annotated § 44-1-401.