March 21, 2026
Starting an ice cream business in Tennessee requires attention to both state and federal requirements. At the local level, new businesses pay a $15 registration fee to the county or city clerk, a process managed through the Tennessee Taxpayer Access Point (TNTAP) at tntap.tn.gov, the state’s central online tax and licensing platform. Tennessee taxes packaged ice cream sold as a grocery food item for home consumption at a reduced 4% state sales tax rate (Tennessee Code Annotated (TCA) § 67-6-228), with local option taxes adding up to 2.75%. Ice cream sold as prepared food for immediate consumption, such as scoops served at a counter, is taxed at the standard 7% state rate plus applicable local taxes. Understanding these baseline obligations from the outset helps entrepreneurs avoid compliance gaps before opening their doors. Whether you are launching a small scoop shop or a full-scale production facility, registering properly through TNTAP and securing your local business license are foundational steps in the process.
Farm-to-scoop creameries in East Tennessee and craft-focused shops in Nashville and Memphis give the state a distinctive ice cream retail landscape rooted in local dairy sourcing. Tennessee ice cream manufacturers must obtain an annual frozen dessert manufacturer’s license from the Tennessee Department of Agriculture (TDA) for each location where frozen dessert is produced, as required under Tennessee Code Annotated (TCA) § 53-3-106. The license application must be submitted on forms prescribed by the Commissioner of Agriculture, accompanied by the required fee, and the license is issued only after an inspection confirms that the facility meets sanitary standards. Distributors who purchase ice cream from a licensed manufacturer for the purpose of resale also need an annual distributor’s license, although license holders who distribute only their own products are exempt from this separate requirement. The TDA oversees compliance and conducts inspections to ensure consumer safety throughout the supply chain.
FDA standards of identity under 21 CFR 135.110 define exactly what qualifies as “ice cream” in Tennessee and every other state, setting minimum milkfat content at 10% and minimum weight at 4.5 pounds per gallon. At the federal level, the Food and Drug Administration (FDA) sets standards of identity for ice cream under 21 Code of Federal Regulations (CFR) § 135.110, which specifies that ice cream must contain not less than 10 percent milkfat and must weigh not less than 4.5 pounds per gallon to control the amount of air incorporated during manufacturing. These composition standards ensure that consumers receive a consistent, quality product regardless of brand. Frozen custard is held to an additional requirement: it must contain at least 1.4 percent egg yolk solids by weight. Labels must also comply with the Nutrition Labeling and Education Act (NLEA), including specific definitions for terms such as “light,” “reduced fat,” and “lowfat.” Tennessee is tracked as part of national foodborne illness surveillance through the Centers for Disease Control and Prevention’s (CDC) FoodNet program, which records an average of 2,614 reported foodborne illness cases in the state each year.
Tennessee’s ice cream landscape spans farm-connected creameries in East Tennessee to craft-focused shops in Nashville and Memphis, each offering different sourcing stories and production methods. Consumers across Tennessee have access to a growing range of ice cream establishments, from locally owned creameries sourcing milk from Tennessee farms to nationally recognized shops bringing premium flavors to urban neighborhoods. East Tennessee’s university town culture has fostered creameries connected to agricultural programs, while the Memphis and Nashville metro areas host both independent operators and franchise concepts serving dense urban populations. The craft ice cream movement has grown steadily across the state, with producers experimenting with seasonal, locally sourced ingredients and small-batch methods. For aspiring operators, the Tennessee Small Business Development Center (SBDC) network provides free consulting resources to help navigate licensing, financing, and food safety compliance requirements specific to the state. The ingredient label on ice cream packaging identifies allergens including milk, eggs, peanuts, tree nuts, soy, and wheat, and Tennessee creameries holding a current Tennessee Department of Agriculture Grade A dairy permit have passed the state’s dairy production inspection standards.
Top Ice Cream Providers in Tennessee
Mike’s Ice Cream
- Address: 129 2nd Ave N, Nashville, TN 37201
- Phone: (615) 742-6453
- Website: https://mikesicecream.com
- Description: Mike’s Ice Cream is a downtown Nashville scoop shop and coffee bar offering more than 30 handmade flavors alongside gourmet espresso drinks and seasonal hot chocolates. The shop has been featured in People Magazine and on the Rachel Ray show. Located on 2nd Avenue near the Broadway entertainment district, it operates seven days a week with extended evening hours.
Hattie Jane’s Creamery
- Address: 16 Public Square, Columbia, TN 38401
- Phone: (931) 490-0229
- Website: https://hattiejanescreamery.com
- Description: Hattie Jane’s Creamery is a Tennessee-based multi-location creamery that uses locally sourced milk from Tennessee cows and offers modern takes on Southern-inspired flavors such as Nana Puddin’ and Brown Butter Pecan. The Columbia flagship anchors a network of scoop shops spread across Middle Tennessee, including locations in Murfreesboro and Nashville. Dairy-free options are available at all locations.
Irvey’s Ice Cream
- Address: 3000 Tazewell Pike, Unit A, Knoxville, TN 37918
- Phone: (865) 226-9434
- Website: https://irveys.com
- Description: Irvey’s Ice Cream is a craft ice cream shop born and raised in Knoxville, operating under the motto “Everyone, Everywhere Deserves Ice Cream.” The shop offers hand-packed pints and scoop service and also runs a food truck program for events and private bookings. Franchise opportunities are available for entrepreneurs interested in expanding the Irvey’s concept.
Stella’s Ice Cream
- Address: 2197 Central Ave, Memphis, TN 38104
- Phone: (901) 412-1455
- Website: https://www.stellasicecream.com/location/memphis-tn/
- Description: Stella’s Ice Cream opened its Memphis location in September 2025 as a locally owned and operated gathering spot in the Cooper-Young neighborhood. The shop offers handcrafted ice cream scoops and pints available for takeout, with online ordering available through the Stella’s platform. Hours run Sunday through Thursday from 12 p.m. to 9 p.m. and Friday through Saturday from 12 p.m. to 10 p.m.
Frequently Asked Questions
What registration steps does a new ice cream shop in Tennessee need to complete before opening?
New ice cream shops must register for business tax and sales tax through the Tennessee Taxpayer Access Point (TNTAP), then pay the $15 registration fee to the county or city clerk. Shops that manufacture ice cream on-site must also obtain a frozen dessert manufacturer’s license from the Tennessee Department of Agriculture. The TDA’s Food Safety program page outlines each step of the licensing process at https://www.tn.gov/agriculture/consumers/food-safety/ag-farms-food-manufacturing-and-warehousing.html
What is the FDA standard of identity for ice cream, and why does it matter for Tennessee producers?
The FDA’s standard of identity, codified at 21 CFR § 135.110, requires that ice cream contain at least 10 percent milkfat and weigh no less than 4.5 pounds per gallon. These thresholds ensure product consistency and prevent misleading labeling. Tennessee manufacturers who sell products labeled as “ice cream” must comply with these federal composition rules in addition to state dairy licensing requirements. Producers with questions about FDA compliance can contact the FDA’s Southeast Regional Office at (404) 253-1170.
What Tennessee statute governs frozen dessert manufacturer licensing?
The licensing of frozen dessert manufacturers in Tennessee is governed by the Tennessee Dairy Law. Any person or facility that makes frozen desserts for commercial sale must obtain an annual license from the Tennessee Commissioner of Agriculture, and that license is issued only after a sanitary inspection of the facility. The licensing requirements are established under TCA § 53-3-106.
What organization sets national standards and tracks sales data for the U.S. ice cream industry?
The International Dairy Foods Association (IDFA) is the primary national trade organization representing ice cream manufacturers, processors, and distributors. IDFA publishes annual Ice Cream Sales and Trends reports and advocates for the industry on regulatory and legislative matters. Tennessee producers can access industry benchmarking data, labeling guidance, and federal advocacy resources through the International Dairy Foods Association.
Where can Tennessee consumers and producers find information about food safety inspections for ice cream shops?
The Tennessee Department of Health and local county health departments conduct unannounced inspections of food service establishments, typically one to four times annually depending on risk classification. Inspection records for many establishments are searchable through the state’s online resources. For general food safety guidance and to find inspection reports, visit https://www.tn.gov/health/cedep/reportable-diseases.html
Who should a Tennessee ice cream manufacturer contact to ask about their frozen dessert license application?
The Tennessee Department of Agriculture’s Food Safety division manages the frozen dessert manufacturer licensing program. Applications are submitted on TDA-prescribed forms and must be accompanied by the applicable fee before an inspection can be scheduled. Manufacturers can reach the TDA’s Manufacturing Outreach Coordinator directly at (615) 837-5193.
Can I return ice cream purchased in Tennessee, and what applies if it is defective?
Ice cream is a perishable frozen product that cannot be returned to Tennessee retailers once purchased, as the cold chain is broken once the product leaves the store’s freezer. If ice cream is found to be freezer-burned beyond reasonable expectation, previously melted and refrozen, or contaminated at the time of purchase, most Tennessee grocery stores will offer a replacement or store credit with the receipt. Manufacturer warranties do not apply to ice cream, but many premium ice cream brands offer satisfaction guarantees that provide a replacement or refund coupon when the buyer contacts customer service with the UPC code, lot number, and best-by date. Ice cream subject to an FDA recall must be disposed of per recall instructions, with the manufacturer providing a refund. Tennessee’s implied warranty of merchantability under TCA § 47-2-314 requires ice cream to be fit for consumption at the time of sale. Report food safety concerns to the Tennessee Department of Agriculture at (615) 837-5100.