Chapter 1
Department of Agriculture

Part 1
Commissioner—Duties—General Provisions

43-1-101. Qualifications of commissioner.

The commissioner of agriculture, who is in control of the department of agriculture, shall be a practical farmer, actively identified with the agricultural interests of the state.

Acts 1923, ch. 7, § 30; Shan. Supp., § 373a73; Code 1932, §§ 296, 424; modified; T.C.A. (orig. ed.), § 43-102.

Compiler's Notes. For transfer of the division of forestry in the department of environment and conservation and its related functions and the administration of the Tennessee Forestry Act from the department of environment and conservation to the department of agriculture, effective July 1, 1991, see Executive Order No. 41 (February 4, 1991).

Cross-References. Animals and animal husbandry, title 44.

Chief executive officers of administrative departments, § 4-3-111.

Commissioner as head of department of agriculture, § 4-3-202.

Department of agriculture, creation, organization and powers of administrative

Department of environment and conservation, title 4, ch. 3, part 5.

Departments and divisions, title 4, ch. 3, part 2.

Farmers' extension work, § 5-9-104.

Food, drugs and cosmetics, title 53.

Natural areas preservation, title 11, ch. 14.

Powers of department of agriculture, § 4-3-203.

Revocation; denial or suspension of professional, driver and other licenses, to enforce child support obligations, title 36, ch. 5, part 7.

Salaries of Class 1 and Class 2 officers, § 8-23-101.

State forests, title 11, ch. 4.

Tennessee heritage conservation trust fund, title 11, ch. 7.

Textbooks. Tennessee Jurisprudence, 1 Tenn. Juris., Agriculture, § 3.

Law Reviews.

Disqualification of Administrative Officials for Bias (Robert N. Covington), 13 Vand. L. Rev. 712.

Comparative Legislation. Department and commissioner of agriculture:

Ala.  Code, § 2-2-1 et seq.

Ga. O.C.G.A. § 2-2-1 et seq.

Ky. Rev. Stat. Ann. § 246.010 et seq.

Miss.  Code Ann. § 69-1-1 et seq.

Mo. Rev. Stat. § 261.010 et seq.

N.C. Gen. Stat. § 106-1 et seq.

Va. Code § 3.1-8 et seq.

Collateral References. 3 Am. Jur. 2d Agriculture § 19 et seq.

3 C.J.S. Agriculture §§ 2, 6.

Agriculture 2.

43-1-102 — 43-1-105. [Repealed.]

Compiler's Notes. Former §§ 43-1-10243-1-105 (Acts 1883, ch. 173, § 4; 1899, ch. 6, §§ 1, 2; Code 1932, §§ 425, 427-429; Acts 1949, ch. 38, § 1; C. Supp. 1950, § 425; Shan., §§ 315a1, 315a2, 317; T.C.A. (orig. ed.), §§ 43-103 — 43-106), concerning commissioner's salary, fees paid to state treasury, disbursements, and commercial fertilizers, were repealed by Acts 1988, ch. 878, §§ 9-12.

43-1-106. Duties of commissioner.

It is the duty of the commissioner of agriculture to determine, on the commissioner's own initiative, or upon request by the county legislative body of any county in this state, agricultural areas adjacent to state highways that are:

  1. Row crop areas devoted primarily for the growth of corn, cotton, soy beans, vegetables, and other similar seasonal agricultural commodities; and
  2. Grassland areas maintained and used primarily for grazing of livestock.

Acts 1875, ch. 13, § 4; Shan., § 318; Code 1932, § 430; modified; Acts 1961, ch. 22, § 1; impl. am. Acts 1965, ch. 82, § 8; impl. am. Acts 1971, ch. 90, § 1; impl. am. Acts 1971, ch. 131, § 1; Acts 1972, ch. 801, § 2; impl. am. Acts 1973, ch. 341, § 3; 1977, ch. 112, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 43-107; Acts 1988, ch. 878, § 13.

Compiler's Notes. For transfer of the division of forestry in the department of environment and conservation and its related functions and the administration of the Tennessee Forestry Act from the department of environment and conservation to the department of agriculture, effective July 1, 1991, see Executive Order No. 41 (February 4, 1991).

Cross-References. Aerial application of pesticides, § 43-8-302.

Anhydrous Ammonia Storage and Equipment Law, administering and enforcing, § 43-11-302.

Apiaries, rules and regulations regarding, § 44-15-121.

Baby chicks, powers and duties of commissioner, title 44, ch. 16.

Commercial feed law, administration, § 44-6-102.

Community gardening, powers and duties of commissioner, title 43, ch. 24.

Dairy law, powers and duties of commissioner, § 53-3-104.

Fertilizers and liming materials, administration of provisions, § 43-11-102.

Garbage feeding law, administration, § 44-2-403.

Insecticides, fungicides and rodenticides law, commissioner's powers and duties, §§ 43-8-104, 43-8-106, 43-8-109, 43-8-110, 43-8-112.

Inspector of apiaries, appointment, § 44-15-203.

Liming materials, rules and regulations, § 43-11-410.

Livestock dealers act, duties, title 44, ch. 10, part 2.

Pesticides, commercial aerial application of, powers and duties of commissioner, § 43-8-302.

Plant, animal life or virus, declaring to be pest, § 43-8-106.

Registration of pesticides, § 43-8-104.

Seed law, administration of, title 43, ch. 10, part 1.

Soybean promotion, powers and duties of commissioner, title 43, ch. 20.

Tennessee garbage feeding law, duties, title 44, ch. 2, part 4.

Tobacco regulations, commissioner's duties to promulgate and enforce, § 43-19-301.

Weighmasters, powers and duties of commissioner, title 47, ch. 26, part 10.

Weights and measures, commissioner's powers and duties, title 47, ch. 26, part 9.

Wetlands, title 11, ch. 14, part 4.

43-1-107. Annual planting and harvest seasons.

Except as provided in § 70-8-203, the recognized annual planting and harvest seasons for the state extend from January 1 to December 31 of each year.

Acts 2015, ch. 135, § 1.

Compiler's Notes. Former §§ 43-1-10743-1-110 (Acts 1875, ch. 13, § 6; 1919, ch. 174, §§ 1, 2; 1921, ch. 176, § 1; Code 1932, §§ 431, 432, 442; Acts 1933, ch. 123, § 1; C. Supp. 1950, §§ 442, 442.1; Shan., § 325; Shan. Supp., §§ 318a1, 318a2; T.C.A. (orig. ed.), §§ 43-108 — 43-111), concerning collection of farm data, compensation of assessor, payment of appropriations, expenditure of funds, were repealed by Acts 1988, ch. 878, §§ 14-17.

Effective Dates. Acts 2015, ch. 135, § 2. April 16, 2015.

43-1-108. Audiovisual recordation of animal inspection permitted.

Unless otherwise prohibited by federal law, the owner of any animal that is subject to an inspection in this state for the purpose of determining compliance with any statutory or regulatory requirement shall be permitted to personally record such inspection by audiovisual means or designate an agent to record such inspection by audiovisual means.

Acts 2016, ch. 628, § 1.

Code Commission Notes.

Acts 2016, ch. 628, § 1 enacted this as a new § 43-1-102 but the section has been redesignated as § 43-1-108 by authority of the Code Commission.

Compiler's Notes. Former §§ 43-1-10743-1-110 (Acts 1875, ch. 13, § 6; 1919, ch. 174, §§ 1, 2; 1921, ch. 176, § 1; Code 1932, §§ 431, 432, 442; Acts 1933, ch. 123, § 1; C. Supp. 1950, §§ 442, 442.1; Shan., § 325; Shan. Supp., §§ 318a1, 318a2; T.C.A. (orig. ed.), §§ 43-108 — 43-111), concerning collection of farm data, compensation of assessor, payment of appropriations, expenditure of funds, were repealed by Acts 1988, ch. 878, §§ 14-17.

Effective Dates. Acts 2016, ch. 628, § 2. March 22, 2016.

43-1-109. Primary inspection agency for grist mills.

The department of agriculture, in its role as the primary food manufacturing inspection agency for this state, shall be the primary inspection agency for grist mills that are located in this state.

Acts 2016, ch. 764, § 1.

Effective Dates. Acts 2016, ch. 764, § 2. April 19, 2016.

43-1-110. [Reserved.]

Compiler's Notes. Former §§ 43-1-10743-1-110 (Acts 1875, ch. 13, § 6; 1919, ch. 174, §§ 1, 2; 1921, ch. 176, § 1; Code 1932, §§ 431, 432, 442; Acts 1933, ch. 123, § 1; C. Supp. 1950, §§ 442, 442.1; Shan., § 325; Shan. Supp., §§ 318a1, 318a2; T.C.A. (orig. ed.), §§ 43-108 — 43-111), concerning collection of farm data, compensation of assessor, payment of appropriations, expenditure of funds, were repealed by Acts 1988, ch. 878, §§ 14-17.

43-1-111. Promotion and enhancement of equine industry.

The commissioner of agriculture shall employ at least one (1) agricultural marketing specialist whose primary duty shall be the provision and coordination of such technical assistance, support, and encouragement as may be needed to promote and enhance development of Tennessee's equine industry. The commissioner shall collect, publish, and distribute statistics relating to equine production and marketing activities and opportunities within the state. The commissioner shall provide such other informational services as may be needed to notify the state's equine industry concerning the financial, managerial, marketing, regulatory, and administrative aspects of the horse industry in Tennessee and in other states.

Acts 1988, ch. 796, § 1.

43-1-112. Nursery stock production, sales and marketing.

  1. The commissioner of agriculture shall employ at least one (1) production and marketing specialist whose primary duty shall be the provision and coordination of technical assistance, support, and encouragement needed to promote and enhance the statewide development of nursery stock production and sales. At least once each year, the commissioner shall collect, publish, and distribute statistics relating to nursery stock production, marketing activities, and opportunities across the state. The commissioner shall provide other information to notify Tennesseans of the financial, managerial, marketing, regulatory, and administrative aspects of nursery stock production.
  2. As used in this section, “nursery stock production” means growing or propagating ornamental trees, shrubs, and other perennial plants or parts of ornamental trees, shrubs, or plants for sale on a commercial basis.
  3. To the extent feasible within existing budgetary resources, the University of Tennessee extension shall assist and cooperate with the department of agriculture in the provision and coordination of technical assistance, statistical, marketing and other information, support and encouragement necessary to promote and enhance the statewide development of nursery stock production.

Acts 1993, ch. 166, §§ 1, 2; 2004, ch. 517, § 3.

Compiler's Notes. Acts 2004, ch. 517, § 15 provided that the University of Tennessee extension service shall spend no funds beyond those currently budgeted to accelerate the replacement of signs, letterhead, and business cards on account of the provisions of the act.

43-1-113. Definition of agriculture.

  1. The definition of agriculture as set forth in subsection (b) shall be applicable to the term wherever it appears in the code, unless a different definition is specifically made applicable to the part, chapter, or section in which the term appears.
    1. “Agriculture” means:
      1. The land, buildings and machinery used in the commercial production of farm products and nursery stock;
      2. The activity carried on in connection with the commercial production of farm products and nursery stock;
      3. Recreational and educational activities on land used for the commercial production of farm products and nursery stock; and.
      4. Entertainment activities conducted in conjunction with, but secondary to, commercial production of farm products and nursery stock, when such activities occur on land used for the commercial production of farm products and nursery stock.
    2. As used in this definition of agriculture, the term “farm products” means forage and sod crops; grains and feed crops; dairy and dairy products; poultry and poultry products; livestock, including breeding and grazing; fruits; vegetables; flowers; seeds; grasses; forestry products; fish and other aquatic animals used for food; bees; equine; and all other plants and animals that produce food, feed, fiber or fur.
    3. As used in this definition of agriculture, the term “nursery stock” means all trees, shrubs, or other plants, or parts of trees, shrubs or other plants, grown or kept for, or capable of, propagation, distribution or sale on a commercial basis.

Acts 2005, ch. 19, § 2; 2014, ch. 581, § 2.

Amendments. The 2014 amendment added (b)(1)(D).

Effective Dates. Acts 2014, ch. 581, § 5. March 28, 2014.

Cross-References. Definition of terms used in code, § 1-3-105.

Attorney General Opinions. County zoning of buildings used as residences by farmers and farm workers. OAG 14-79, 2014 Tenn. AG LEXIS 82 (9/4/14).

The definition for “agriculture” at T.C.A. §§ 1-3-105(2)(A) and 43-1-113(b)(1) is applicable to the word “agriculture” as used in the definition of “Farm Property” in T.C.A. § 67-5-501(3).  OAG 17-30, 2017 Tenn. AG LEXIS 29 (4/17/2017).

The definition of “agriculture” in T.C. A. §§ 1-3-105(a)(2)(A) and 43-1-113(b)(1) applies  in determining the meaning of “agricultural” as used in T.C.A. § 5-1-118(b), T.C.A. § 5-1-122, and T.C.A. § 13-7-114. AG LEXIS 35 (7/26/2017).

NOTES TO DECISIONS

1. Agriculture.

Owners and operators of a farm, who operated a pumpkin patch and corn maze and conducted concerts on their property, were protected from the application of the local zoning laws by the Tennessee Right-to-Farm Act, T.C.A. § 43-26-101 et seq., because their farm activities were sufficient to meet the definition of agritourism. Shore v. Maple Lane Farms, LLC, — S.W.3d —, 2012 Tenn. App. LEXIS 229 (Tenn. Ct. App. Apr. 11, 2012), rev'd, 411 S.W.3d 405, 2013 Tenn. LEXIS 644 (Tenn. Aug. 19, 2013).

While the statutory definitions of “agriculture” include recreational and educational activities, they do not include entertainment activities; therefore, entertainment activities occurring on a farm are not an agricultural use that exempts the related land, buildings, or other structures from local zoning regulation. Shore v. Maple Lane Farms, LLC, 411 S.W.3d 405, 2013 Tenn. LEXIS 644 (Tenn. Aug. 19, 2013).

Music concerts a neighbor hosted on his farm could not claim the benefit of the exemption contained in T.C.A. § 13-7-114 from compliance with a county's zoning resolution because they did not fall within the rubric of “agriculture”; without the exemption, a homeowner's evidence established that the neighbor violated both the county zoning resolution and the order of the county board of zoning appeals limiting the concerts to one per year. Shore v. Maple Lane Farms, LLC, 411 S.W.3d 405, 2013 Tenn. LEXIS 644 (Tenn. Aug. 19, 2013).

43-1-114. Definition of livestock — Applicability.

  1. The definition of livestock as set forth in subsection (b) shall be applicable to the term wherever it appears in the code, unless a different definition is specifically made applicable to the part, chapter, or section in which the term appears or unless the context otherwise requires.
  2. “Livestock” means all equine as well as animals that are being raised primarily for use as food or fiber for human utilization or consumption including, but not limited to, cattle, sheep, swine, goats, and poultry.

Acts 2014, ch. 568, § 2.

Effective Dates. Acts 2014, ch. 568, § 6. March 21, 2014.

Part 2
Divisions of Department [Repealed or Transferred]

43-1-201. [Repealed.]

Compiler's Notes. Former § 43-1-201 (Acts 1923, ch. 7, § 30; Code 1932, § 295; C. Supp. 1950, § 295; Shan. Supp., § 373a72; T.C.A. (orig. ed.), § 43-101), concerning organization of department into three divisions, was repealed by Acts 1988, ch. 878, § 18.

43-1-202, 43-1-203. [Transferred.]

Compiler's Notes. Former §§ 43-1-202 and 43-1-203 (Acts 1973, ch. 83, §§ 1, 2; T.C.A. § 43-114, 43-115), concerning the division of consumer affairs, were transferred to title 47, ch. 18, part 50, effective August 1, 1988.

Part 3
State Veterinarian [Repealed]

43-1-301 — 43-1-305. [Repealed.]

Compiler's Notes. Former §§ 43-1-30143-1-305 (Acts 1901, ch. 12, § 1; 1901, ch. 132, § 2; 1913, ch. 16, § 1; 1923, ch. 7, § 30; Code 1932, §§ 298, 5055-5058; Shan.; §§ 2789a23-2789a26; Shan. Supp., § 373a75; T.C.A. (orig. ed.), §§ 44-301 — 44-305, 43-3-10143-3-105, 44-1-10144-1-105), concerning the state veterinarian, were repealed by Acts 1988, ch. 878, § 19.

Part 4
State Chemical Laboratory [Repealed]

43-1-401 — 43-1-406. [Repealed.]

Compiler's Notes. Former §§ 43-1-40143-1-406 (Acts 1913, ch. 22, §§ 1-5, 7; Code 1932, §§ 520-525; Shan., §§ 325a82-325a86, 325a88; T.C.A. (orig. ed.), §§ 43-401 — 43-406, 43-4-10143-4-106), concerning the state chemical laboratory, were repealed by Acts 1988, ch. 878, § 20.

Part 5
Tennessee Agricultural Museum

43-1-501. Created — Objects preserved and displayed.

There is created and established the Tennessee agricultural museum, to be located in suitable quarters at Brentwood Hall, near Nashville, for the purpose of housing and preserving such early-American agricultural tools, implements, home furnishings, and other contrivances, and also, agricultural literature, as may be donated to the museum.

Acts 1959, ch. 294, § 1; T.C.A., §§ 43-2601, 43-5-101.

Cross-References. Animals and animal husbandry, title 44.

Chief executive officers of administrative departments, § 4-3-111.

Department of agriculture, creation, organization and powers of administrative

Department of environment and conservation, title 4, ch. 3, part 5.

Departments and divisions, title 4, ch. 3, part 2.

Farmers' extension work, § 5-9-104.

Food, drugs and cosmetics, title 53.

Natural areas preservation, title 11, ch. 14.

Salaries of Class 1 and Class 2 officers, § 8-23-101.

State forests, title 11, ch. 4.

Tennessee heritage conservation trust fund, title 11, ch. 7.

43-1-502. Administration of museum.

The museum shall be under the jurisdiction of and administered by the department of agriculture.

Acts 1959, ch. 294, § 2; T.C.A., § 43-2602; Acts 1980, ch. 737, § 4; T.C.A., § 43-5-102.

Cross-References. Exhibits in possession of state administered by the state museum, § 4-12-105.

43-1-503. Operation of museum — Annual reports.

The department of agriculture shall transact all necessary and proper business connected with the operation of the museum, which shall include drafting a report on the number and kind of exhibits donated during the preceding year, maintaining a register of visitors, and preparing a suitable report covering the activities of the board during the preceding year, which shall be submitted to the governor for approval.

Acts 1959, ch. 294, § 3; T.C.A., § 43-2603; Acts 1980, ch. 737, § 5; T.C.A., § 43-5-103.

Part 6
Tennessee Agricultural Hall of Fame

43-1-601. Creation.

There is created and established the Tennessee agricultural hall of fame, to be created, established, and governed as provided by this part.

Acts 1937, ch. 43, § 1.

Cross-References. Animals and animal husbandry, title 44.

Chief executive officers of administrative departments, § 4-3-111.

Department of agriculture, creation, organization and powers of administrative, title 4, ch. 3, part 2.

Department of environment and conservation, title 4, ch. 3, part 5.

Departments and divisions, title 4, ch. 3, part 2.

Farmers' extension work, § 5-9-104.

Food, drugs and cosmetics, title 53.

Natural areas preservation, title 11, ch. 14.

Salaries of Class 1 and Class 2 officers, § 8-23-101.

State forests, title 11, ch. 4.

Tennessee heritage conservation trust fund, title 11, ch. 7.

43-1-602. Board — Members.

  1. The Tennessee agricultural hall of fame is placed under the general supervision of a board consisting of nine (9) members composed of the following:
    1. Commissioner of agriculture;
    2. Dean of the college of agricultural sciences and natural resources of the University of Tennessee;
    3. Dean of the University of Tennessee extension;
    4. President of the Tennessee Farm Bureau Federation;
    5. State master of the Grange;
    6. State supervisor of vocational agriculture; and
    7. Three (3) members to be appointed by the governor.
  2. All members shall serve without compensation.

Acts 1937, ch. 43, § 2; 2004, ch. 517, § 4.

Compiler's Notes. Acts 2004, ch. 517, § 15 provided that the University of Tennessee extension service shall spend no funds beyond those currently budgeted to accelerate the replacement of signs, letterhead, and business cards on account of the provisions of the act.

The Tennessee agricultural hall of fame board, created by this section, terminates June 30, 2027. See §§ 4-29-112, 4-29-248.

43-1-603. Terms of members.

The term of office of each appointive member shall be two (2), four (4), and six (6) years, respectively, the tenure of office to be designated by the governor at the time of the original 1937 appointments.

Acts 1937, ch. 43, § 3.

43-1-604. Acceptance, admission and induction to hall of fame — Rules and regulations.

  1. The board is empowered to formulate rules and regulations governing the acceptance and admission of candidates to the Tennessee agricultural hall of fame; provided, that no name shall be accepted until an authentic and written record of the achievements of the person in agricultural activities has been presented to and accepted by a majority vote of the board.
  2. The board shall promulgate rules and regulations to prescribe procedures to be used for the induction of nominees; provided, that any nominee who is deceased shall be eligible for induction five (5) years from the date of such nominee's death.

Acts 1937, ch. 43, § 4; 1991, ch. 106, § 3.

43-1-605. Gifts, bequests and awards.

The board is empowered to accept and receive gifts, bequests and awards, which are to become the sole property of the Tennessee agricultural hall of fame, and which are to be kept in a proper manner in a suitable and available room or hall in some state-owned building at Nashville; provided, that duplicates of gifts, bequests and awards may be displayed in a suitable room in the college of agricultural sciences and natural resources at the University of Tennessee.

Acts 1937, ch. 43, § 5.

43-1-606. Travel expenses.

All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.

Acts 1976, ch. 806, § 1.

43-1-607. Biennial report.

The board shall prepare a report to be delivered to the chair of the agriculture and natural resources committee of the house of representatives and the chair of the energy, agriculture and natural resources committee of the senate by February 15 of each odd-numbered year. The report shall provide information regarding the activities of the board for the previous two (2) years.

Acts 1991, ch. 106, § 4; 2013, ch. 236, § 1.

Amendments. The 2013 amendment substituted “the chair of the agriculture and natural resources committee of the house of representatives and the chair of the energy, agriculture and natural resources committee of the senate” for “the chair of the house agriculture committee and the chair of the senate labor, commerce and agriculture committee” in the first sentence.

Effective Dates. Acts 2013, ch. 236, § 94. April 19, 2013.

Part 7
Agricultural Regulatory Fund

43-1-701. Establishment — Source of fund — Accounting — Interest — Investment — Expenditures.

  1. There is established within the general fund a special agency account to be known as the Tennessee agricultural regulatory fund, referred to in this part as “the fund.”
  2. Notwithstanding any law to the contrary, there shall be deposited in the fund all moneys collected pursuant to the following:
    1. The Tennessee Plant Pest Act, compiled in chapter 6, part 1, of this title;
    2. The Tennessee Insecticide, Fungicide, and Rodenticide Act, compiled in chapter 8, parts 1 and 2 of this title;
    3. Chapter 8, part 3, of this title, relative to the aerial application of pesticides;
    4. The Tennessee Seed Law of 1986, compiled in chapter 10 of this title;
    5. The Tennessee Commercial Fertilizer Law of 1969, compiled in chapter 11, part 1 of this title;
    6. The Tennessee Agricultural Liming Materials Act, compiled in chapter 11, part 4 of this title;
    7. Section 43-27-104, relative to hemp;
    8. The Tennessee Commercial Feed Law of 1972, compiled in title 44, chapter 6;
    9. Title 44, chapter 7, relative to marks, brands, registration, and certification;
    10. The Tennessee Livestock Dealer Act, compiled in title 44, chapter 10, part 2;
    11. Title 44, chapter 11, relative to livestock sales;
    12. Title 44, chapter 16, relative to baby chicks;
    13. Title 47, chapter 26, relative to weights and measures;
    14. The Tennessee Food, Drug and Cosmetic Act, compiled in title 53, chapter 1;
    15. The Tennessee Egg Law, compiled in title 53, chapter 2;
    16. The Dairy Law of the State of Tennessee, compiled in title 53, chapter 3;
    17. Title 53, chapter 7, relative to meat and poultry inspections;
    18. The Tennessee Retail Food Safety Act, compiled in title 53, chapter 8, part 2;
    19. Title 53, chapter 12 [repealed], relative to vending machines; and
    20. Tennessee Application of Pesticides Act of 1978, compiled in title 62, chapter 21.
  3. Any unencumbered moneys and any unexpended balance of the fund remaining at the end of any fiscal year shall not revert to the general fund, but shall be carried forward and maintained until expended in accordance with this part.
  4. Moneys in the fund shall be invested by the state treasurer for the benefit of the fund pursuant to § 9-4-603. Interest accruing on investments and deposits of the fund shall be returned to the fund and remain a part of the fund. The fund shall be administered by the commissioner.
  5. Moneys in the fund may be expended only in accordance with annual appropriations approved by the general assembly. Subject to the foregoing requirement, moneys in the fund shall be expended at the direction of the commissioner only to defray the costs associated with implementing and effectuating the purposes of the statutes specified in subsection (b).

Acts 1994, ch. 960, § 2; 2002, ch. 640, §§ 1-5; 2015, ch. 485, § 1; 2016, ch. 728, § 3; 2019, ch. 87, § 4.

Compiler's Notes. Title 53, chapter 12, relative to vending machines, which is referred to in this section, was repealed by Acts 2017, ch. 150, § 7, effective April 17, 2017.

Amendments. The 2015 amendment rewrote the section which read: “(a) There is established within the general fund a special agency account to be known as the Tennessee agricultural regulatory fund, referred to in this part as "the fund.".“(b)(1) Notwithstanding any law to the contrary, there shall be deposited in the fund all fees, civil penalties, and damages collected pursuant to the following:“(A) Chapter 8, part 2 of this title, relative to pesticide dealers;“(B) The Tennessee Plant Pest Act of 1955, compiled in chapter 6, part 1 of this title;“(C) The Tennessee Insecticide, Fungicide, and Rodenticide Act, compiled in chapter 8, parts 1 and 2 of this title;“(D) Chapter 8, part 3 of this title, relative to the aerial application of pesticides;“(E) Tennessee Application of Pesticides Act of 1978, compiled in title 62, chapter 21; and“(F) Title 44, chapter 7, part 4 relative to the animal diagnostic laboratory.“(2) The commissioner of agriculture shall maintain separate accounting for the moneys collected and expended under each of the foregoing statutes.“(c) Any unencumbered moneys and any unexpended balance of the fund remaining at the end of any fiscal year shall not revert to the general fund, but shall be carried forward and maintained in separate accounts until expended in accordance with this part.“(d) Interest accruing on investments and deposits of the fund shall be returned to the fund and remain a part of the fund, allocated proportionately to each separate program.“(e) Moneys in the fund shall be invested by the state treasurer for the benefit of the fund pursuant to § 9-4-603. The fund shall be administered by the commissioner.“(f) Moneys in the fund may be expended only in accordance with annual appropriations approved by the general assembly. Subject to the foregoing requirement, moneys in the fund shall be expended at the direction of the commissioner only to defray the costs associated with implementing and effectuating the purposes of the statutes specified in subsection (b). Moneys deposited in the fund shall not revert at the end of any fiscal year; and all interest accruing on investments and deposits of the fund not otherwise expended shall be returned to and made a part of the fund. With respect to expenditures from the annual appropriations, the commissioner shall consult with a committee made up of the following: a nurseryman, actively engaged in the nursery business and designated by the Tennessee nurserymen's association; a greenhouse plant producer actively engaged in the business and designated by the plant production business; a representative designated by the Tennessee farm bureau; a licensed pest control operator actively engaged in the pest control business and designated by the Tennessee pest control association; and other representatives of organizations that may be affected by the regulatory provisions of those programs and services specified in subsection (b).”

The 2016 amendment, in (b)(7), substituted “§ 43-26-103(b)” for “§ 43-26-103(e)”.

The 2019 amendment substituted “43-27-104, relative to hemp” for “43-26-103(b), relative to industrial hemp” in (b)(7).

Effective Dates. Acts 2015, ch. 485, § 41. July 1, 2015; May 20, 2015, for the purpose of promulgating rules.

Acts 2016, ch. 728, § 4, April 7, 2016.

Acts 2019, ch. 87, § 13. April 4, 2019.

Cross-References. Animals and animal husbandry, title 44.

Chief executive officers of administrative departments, § 4-3-111.

Department of agriculture, creation, organization and powers of administrative

Department of environment and conservation, title 4, ch. 3, part 5.

Departments and divisions, title 4, ch. 3, part 2.

Farmers' extension work, § 5-9-104.

Food, drugs and cosmetics, title 53.

Natural areas preservation, title 11, ch. 14.

Salaries of Class 1 and Class 2 officers, § 8-23-101.

State forests, title 11, ch. 4.

Tennessee heritage conservation trust fund, title 11, ch. 7.

43-1-702. [Repealed.]

Compiler's Notes. Former § 43-1-702 (Acts 1994, ch. 960, § 3), concerning the use of the Tennessee agricultural regulatory fund in defraying costs associated with administering regulatory programs, was repealed by Acts 2002, ch. 640, § 6, effective April 24, 2002.

43-1-703. Fees authorized — Regulations.

  1. In order to facilitate the proper administration of each statute listed in § 43-1-701(b), the commissioner of agriculture shall establish fees through the promulgation of rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the various services and functions it performs under each of those statutes including, but not limited to, permit processing fees, license fees, registration fees, plans review fees, facility inspection fees, charter fees, and costs of the department.
  2. Until fees are established in accordance with subsection (a), all fees in existence prior to January 1, 2015, under the statutes specified in § 43-1-701(b), shall remain in full force and effect.
  3. It is the intent of the general assembly that the fees established pursuant to subsection (a) shall be used only to provide funding for implementation of, or improvement of the performance of the department in carrying out its duties under, the statutes specified in § 43-1-701(b), and the fees shall be graduated so that the fees are fairly apportioned to the extent practicable.
  4. No permit or renewal of a permit shall be issued to an applicant for a permit under the foregoing authorities until all fees required by this part are paid in full.
    1. If any part of a fee imposed under this part is not paid within fifteen (15) days of the due date, a late charge as provided by this part shall at once accrue and be added to the amount due.
    2. In addition to other powers and authority provided in this part, the commissioner is authorized to seek injunctive relief in the chancery court of Davidson County or any court of competent jurisdiction for a judgment in the amount owed the state under this part.
    3. Any person required to pay the fees set forth under this part who disagrees with the calculation or applicability of the fee may petition the commissioner for a hearing. To perfect a hearing, a petition for a hearing, together with the total amount of the fee due shall be received by the commissioner not later than fifteen (15) days after the due date. The hearing shall be in accordance with contested case provisions set forth in the Uniform Administrative Procedures Act. If it is determined that the amount in dispute was improperly assessed, the commissioner shall return the amount determined to be improperly assessed.
  5. The fees of the department shall be assessed according to the following designated tiers:
    1. Tier 1. The cost for a tier 1 license, permit, or fee shall be twenty-five dollars ($25.00). The late charge for this tier shall be twelve dollars ($12.00);
    2. Tier 2. The cost for a tier 2 license, permit, or fee shall be fifty dollars ($50.00). The late charge for this tier shall be twenty-five dollars ($25.00);
    3. Tier 3. The cost for a tier 3 license, permit, or fee shall be one hundred dollars ($100). The late charge for this tier shall be fifty dollars ($50.00);
    4. Tier 4. The cost for a tier 4 license, permit, or fee shall be one hundred fifty dollars ($150). The late charge for this tier shall be seventy-five dollars ($75.00);
    5. Tier 5. The cost for a tier 5 license, permit, or fee shall be two hundred dollars ($200). The late charge for this tier shall be one hundred dollars ($100);
    6. Tier 6. The cost for a tier 6 license, permit, or fee shall be two hundred fifty dollars ($250). The late charge for this tier shall be one hundred twenty-five dollars ($125);
    7. Tier 7. The cost for a tier 7 license, permit, or fee shall be three hundred dollars ($300). The late charge for this tier shall be one hundred fifty dollars ($150);
    8. Tier 8. The cost for a tier 8 license, permit, or fee shall be three hundred fifty dollars ($350). The late charge for this tier shall be one hundred seventy-five dollars ($175);
    9. Tier 9. The cost for a tier 9 license, permit, or fee shall be four hundred dollars ($400). The late charge for this tier shall be two hundred dollars ($200);
    10. Tier 10. The cost for a tier 10 license, permit, or fee shall be five hundred dollars ($500). The late charge for this tier shall be two hundred fifty dollars ($250);
    11. Tier 11. The cost for a tier 11 license, permit, or fee shall be seven hundred fifty dollars ($750). The late charge for this tier shall be three hundred seventy-five dollars ($375); and
    12. Tier 12. The cost for a tier 12 license, permit, or fee shall be one thousand dollars ($1,000). The late charge for this tier shall be five hundred dollars ($500).

Acts 1994, ch. 960, § 4; 1998, ch. 636, § 2; 2002, ch. 640, §§ 7-14, 33; 2015, ch. 485, § 2.

Amendments. The 2015 amendment rewrote the section, which read: “(a) In order to facilitate the proper administration of each statute listed in § 43-1-701(b), the department of agriculture shall charge fees for the various services and functions it performs under each of those statutes, including, but not limited to, permit processing fees, license fees, registration fees, plans review fees, facility inspection fees, charter fees, and costs of the department as may be necessary to implement associated provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. The level of these fees shall be determined after careful consideration of the direct and indirect costs incurred by the department in performing its various functions and services under each of the statutes listed in § 43-1-701(b). It is the intention of the general assembly that the fees shall provide funding for implementation of the respective statutes and/or improvement of the performance of the department in carrying out its duties.“(b) The fees shall be adopted by regulations by the commissioner of agriculture.“(c) All fees in existence prior to January 1, 2002, under the statutes specified in § 43-1-701(b), shall be continued and shall be calculated and maintained with any such additional fees authorized in this part; provided, that such existing fees may be used in any manner consistent with the commissioner's authority, this part notwithstanding.“(d) No permit or renewal of a permit shall be issued to an applicant for a permit under the foregoing authorities until all fees required by this part are paid in full.“(e)(1) Unless otherwise stipulated in this part, if any part of any fee imposed under this part is not paid within fifteen (15) days of the due date, a penalty of five percent (5%) of the amount due shall at once accrue and be added to the amount due. Thereafter, on the first day of each month during which any part of any fee or any prior accrued penalty remains unpaid, an additional penalty of five percent (5%) of the then unpaid balance shall accrue and be added to the unpaid balance. In addition, the fees not paid within fifteen (15) days after the due date shall bear interest at the maximum lawful rate from the due date to the date paid.“(2) In addition to other powers and authority provided in this part, the commissioner is authorized to seek injunctive relief in the chancery court of Davidson County or any court of competent jurisdiction for a judgment in the amount owed the state under this part.“(3) Any person required to pay the fees set forth under this part who disagrees with the calculation or applicability of the fee may petition the commissioner for a hearing. In order to perfect a hearing, a petition for a hearing, together with the total amount of the fee due must be received by the commissioner not later than fifteen (15) days after the due date. The hearing shall be in accordance with contested case provisions set forth in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. If it is finally determined that the amount in dispute was improperly assessed, the commissioner shall return the amount determined to be improperly assessed with interest.“(f) For the following categories, the fees shall not exceed the following maximum amounts; however, the commissioner is encouraged to use graduated fees to fairly apportion the fees:“(1) Aerial applicator licenses: two hundred dollars ($200);“(2) Aerial decals: one hundred fifty dollars ($150);“(3) Animal diagnostic laboratory services including but not limited to biopsy, necropsy, cytology, parasitology, virology, bacteriology, toxicology, and immunology: one hundred and fifty dollars ($150) per case or test;“(4) Commercial pesticide applicator certification: fifteen dollars ($15.00) for each examination, five dollars ($5.00) for each replacement card or new card issued upon completion of recertification;“(5) Florist certificate: twenty-five dollars ($25.00);“(6) License examinations: one hundred fifty dollars ($150);“(7) Nematode sample analysis: ten dollars ($10.00);“(8) Nursery stock or other plant material plant dealer certificates: two hundred dollars ($200);“(9) Pest control charter fee: two hundred dollars ($200);“(10) Pest control licenses: twenty dollars ($20.00) per category;“(11) Pesticide dealer license fee: fifty dollars ($50.00);“(12) Pesticide dealer license late fee: twenty-five dollars ($25.00);“(13) Pesticide product registration fee: one hundred dollars ($100);“(14) Pesticide product registration late fee: fifty dollars ($50.00);“(15) Phytosanitary certificates: equivalent to federal U.S. department of agriculture, animal and plant health inspection service fees;“(16) Private pesticide applicator certification: ten dollars ($10.00);“(17) Solicitor/technician cards: twenty dollars ($20.00); and“(18) Special local need (24-C) fee: two hundred fifty dollars ($250).“(g) The department shall have no authority to assess the fee imposed by subdivision (f)(8), the greenhouse plant certification fee, or any other licensure or plant certification fee established by this part against:“(1) Any person engaged in the production of tobacco seedlings; or“(2) Any farmer who produces and sells plants or seedlings in connection with such person's farming operations, but who is not primarily engaged in the business of producing and selling plants or seedlings, as determined by the commissioner.”

Effective Dates. Acts 2015, ch. 485, § 41. July 1, 2015; May 20, 2015, for the purpose of promulgating rules.

Cross-References. Effective date for fees promulgated by the rules and regulations authorized in this part, § 43-1-704.

43-1-704. Adjustment of fees.

  1. Notwithstanding § 4-5-229, rules establishing fees promulgated pursuant to this chapter before July 1, 2016, shall take effect following expiration of the ninety (90) days as provided in § 4-5-207.
  2. Beginning in 2020 and at least every five (5) years thereafter, the commissioner shall evaluate fees associated with the statutes specified in § 43-1-701(b) and may make adjustments through the rule-making process. Individual fees shall not be adjusted more than once every five (5) years.
  3. After the initial adjustment under subsection (b), the percentage increase of any subsequent adjustment shall not exceed the percentage of increase in the average consumer price index, all items-city average, as published by the United States department of labor, bureau of labor statistics, between the dates of one (1) adjustment and the immediately subsequent adjustment. Individual fee adjustment amounts may be rounded up to the next tier amount provided in § 43-1-703(f).
  4. Fees established under § 43-1-703(a) and the statutes specified in § 43-1-701(b) shall not be increased in any year when the fund's fiscal year ending balance exceeds one hundred fifty percent (150%) of the fees collected in the previous year.

Acts 1994, ch. 960, § 5; 2002, ch. 640, §§ 15, 16; 2013, ch. 236, § 2; 2015, ch. 485, § 3.

Amendments. The 2013 amendment substituted “the chair of the agriculture and natural resources committee of the house of representatives and the chair of the energy, agriculture and natural resources committee of the senate” for “the chair of the agriculture committee of the house of representatives and the chair of the commerce, labor and agriculture committee of the senate” at the end of the last sentences in (c)(1) and (2).

The 2015 amendment rewrote the section, which read: “(a) Notwithstanding any law to the contrary, the commissioner of finance and administration shall certify to the commissioner of agriculture the amount of fees required by each program for the subsequent fiscal year based on the general appropriations act for that year. Upon receipt of such certification, all fee schedules shall be reviewed by the commissioner of agriculture. All fees and procedures for collecting fees shall be adopted pursuant to rulemaking procedures set forth in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. In adopting the rules, the commissioner of agriculture shall consider detailed information regarding salary and staffing improvements and other costs to be funded by the proposed fee schedule or fee increases. The commissioner of agriculture shall not increase fees in any year general state revenues have decreased from the previous year. Pursuant to recommendations of the commissioner of agriculture, and within sixty (60) days after receiving the commissioner of finance and administration's certification of the amount of fees required by each program, the commissioner of agriculture shall submit to the commissioner of finance and administration an official estimate of fees to be collected by each program for the fiscal year. It is the intention of the general assembly that any fees authorized in this part become established by promulgation of rules and regulations within twelve (12) months of passage.“(b) The fee schedule promulgated by each of the entities listed in § 43-1-703 shall not, when added to their individual program fund balance for prior years, exceed one hundred fifty percent (150%).“(c)(1) Beginning in fiscal year 2003-2004 and each year thereafter, the commissioner shall prepare a report that summarizes all program expenditures and revenues associated with implementation of those statutes listed in § 43-1-701. The report shall be submitted to members of the committee specified in § 43-1-701(f) as well as the chair of the agriculture and natural resources committee of the house of representatives and the chair of the energy, agriculture and natural resources committee of the senate.“(2) Beginning in 2007 and at least every five (5) years thereafter, the commissioner shall evaluate fee schedules associated with the department's regulatory services and recommend adjustments as may be appropriate. The report shall be submitted to the chair of the agriculture and natural resources committee of the house of representatives and the chair of the energy, agriculture and natural resources committee of the senate.”

Effective Dates. Acts 2013, ch. 236, § 94. April 19, 2013.

Acts 2015, ch. 485, § 41. July 1, 2015; May 20, 2015, for the purpose of promulgating rules.

43-1-705. Conflict with federal law.

In the event that the requirements of this part conflict with applicable federal requirements pertaining to the establishment and collection of permit application or compliance fees by the department, the federal requirements shall take precedence over the conflicting requirements of this part. The commissioner of agriculture has the authority to collect the fees in § 43-1-701 and the fees established in accordance with applicable federal requirements.

Acts 1994, ch. 960, § 6.

Part 8
Special Endowment Funds in the Tennessee FFA Foundation, Inc.

43-1-801. Established.

There is established special FFA endowment funds in the Tennessee FFA Foundation, Inc.

Acts 1999, ch. 535, § 1.

Cross-References. Animals and animal husbandry, title 44.

Chief executive officers of administrative departments, § 4-3-111.

Department of agriculture, creation, organization and powers of administrative

Department of environment and conservation, title 4, ch. 3, part 5.

Departments and divisions, title 4, ch. 3, part 2.

Farmers' extension work, § 5-9-104.

Food, drugs and cosmetics, title 53.

Natural areas preservation, title 11, ch. 14.

Salaries of Class 1 and Class 2 officers, § 8-23-101.

State forests, title 11, ch. 4.

Tennessee heritage conservation trust fund, title 11, ch. 7.

43-1-802. Appropriations for endowment fund.

The Tennessee FFA Foundation, Inc. is eligible to receive appropriations for its endowment fund from the state general fund subject to the following conditions:

  1. Neither an appropriation nor the income therefrom may be spent for any organization other than the Tennessee FFA Foundation, Inc.;
  2. Any appropriation shall be released to such foundation only as a dollar-for-dollar match of private contributions to the endowment fund; and
  3. Any appropriation shall not revert to the general fund at the end of any fiscal year prior to June 30, 2005, but shall be carried over from year to year for the purpose of accomplishing this part.

Acts 1999, ch. 535, § 2.

43-1-803. Interest on funds.

Interest accruing on investments of the funds deposited to the credit of the Tennessee FFA Foundation, Inc. under this endowment fund shall be used for the sole purpose of promoting FFA programs in the state of Tennessee.

Acts 1999, ch. 535, § 3.

Chapter 2
State Board of Agriculture [Repealed]

43-2-101 — 43-2-106. [Repealed.]

Compiler's Notes. Former chapter 2, §§ 43-2-10143-2-106 (Acts 1941, ch. 122, §§ 1-6; C. Supp. 1950, §§ 442.2-442.7 (Williams, §§ 442.2-442.7); Acts 1976, ch. 806, § 1 (6); T.C.A. (orig. ed.), §§ 43-201 — 43-206), concerning the state board of agriculture was repealed by Acts 1980, ch. 737, § 3.

Chapter 3
State Veterinarian [Transferred]

43-3-101 — 43-3-105. [Transferred.]

Compiler's Notes. Former chapter 3, §§ 43-3-10143-3-105, concerning the state veterinarian, was transferred to ch. 1, part 3 of this title in 1987.

The subsequent sections (ch. 1, part 3 of this title) were repealed by Acts 1988, ch. 878, § 19.

Chapter 4
State Chemical Laboratory [Transferred]

43-4-101 — 43-4-106. [Transferred.]

Compiler's Notes. Former chapter 4, §§ 43-4-10143-4-106, concerning the state chemical laboratory, was transferred to ch. 1, part 4 of this title in 1987.

The subsequent sections (ch. 1, part 4 of this title) were repealed by Acts 1988, ch. 878, § 20.

Chapter 5
Tennessee Agricultural Museum [Transferred]

43-5-101 — 43-5-103. [Transferred.]

Compiler's Notes. Former chapter 5, §§ 43-5-10143-5-103, concerning the Tennessee Agricultural Museum, was transferred to ch. 1, part 5 of this title in 1987.

Chapter 6
Pest Control

Part 1
Plant Pest Act

43-6-101. Short title.

This part shall be known and may be cited as the “Tennessee Plant Pest Act.”

Acts 1955, ch. 8, § 1; T.C.A., § 43-515; Acts 1997, ch. 70, § 1.

Cross-References. Commercial aerial application of pesticides, title 43, ch. 8, part 3.

Insecticides, fungicides and rodenticides, title 43, ch. 8, part 1.

Pest control board, § 62-21-104.

Pest control compact, title 43, ch. 6, part 3.

Pest control operators, title 62, ch. 21.

Pest control operators, title 62, ch. 21.

Comparative Legislation. Plant pest control:

Ala.  Code § 2-28-1 et seq.

Ark.  Code § 2-16-101 et seq.

Ga. O.C.G.A. § 2-7-1 et seq.

Ky. Rev. Stat. Ann. § 249.010 et seq.

Miss.  Code Ann. § 69-25-1 et seq.

Mo. Rev. Stat. § 263.010 et seq.

N.C. Gen. Stat. § 106-419 et seq.

Va. Code § 3.1-188.20 et seq.

Collateral References. 3 Am. Jur. 2d Agriculture § 42 et seq.

Validity of statutes, ordinances, or regulations for protection of vegetation against disease or infection. 70 A.L.R.2d 852.

Agriculture 9.2.

43-6-102. Part definitions.

As used in this part and the rules, regulations or orders made pursuant to this part, unless the context otherwise requires:

  1. “Agent” means any person soliciting orders for or selling or distributing nursery stock or other plants under the partial or full control of a nursery owner or dealer;
  2. “Commissioner” means the commissioner of agriculture or the commissioner's duly authorized agents;
  3. “Dealer” means any person not a grower of nursery stock or other plants who buys or otherwise acquires nursery stock or other plants for the purpose of reselling or otherwise distributing nursery stock or other plants independently of any control of the grower;
  4. “Florist” means an establishment whose primary business is the retail sale of fresh cut flowers. A florist shall not be considered a dealer; provided, that the sales of rooted plant material sold by a florist shall be those used to enhance fresh cut flower arrangements, or that are intended to be grown and maintained indoors and that are not intended to be planted in the landscape;
  5. “Greenhouses” means any glass house, screen house or other structure in which plants are grown, kept, or propagated for sale or distribution;
  6. “Insect pests” means insects or closely related organisms in any stage of development injurious to the agricultural, horticultural, silvicultural, or other interests of the state;
  7. “Nursery” means any grounds or premises on or in which nursery stock is grown, kept or propagated for sale or distribution;
  8. “Nursery farmer” means any person engaged in the practice of growing or propagating nursery stock for sale, which person shall for all statutory purposes be deemed to be a farmer;
  9. “Nursery stock” means all trees, shrubs, or other perennial plants or parts of trees, shrubs, or other perennial plants grown or kept for, or capable of propagation, distribution, or sale on a commercial basis;
  10. “Nursery worker” means all persons employed on a nursery or property used in conjunction with a nursery, for the purpose of cultivating the soil, growing and propagating the stock, or for duties necessary for the grading, fumigating, cutting, packing, and the like, of the plants on the nursery, or the property used in conjunction with the nursery and prior to their entry into channels of commerce, shall be recognized for all statutory purposes as “farm laborers”; and
  11. “Plant diseases” means infectious or transmissible diseases of plants, and their pathogens, including parasitic plants in any stage of development.

Acts 1955, ch. 8, § 2; 1959, ch. 78, § 1; 1959, ch. 144, § 1; T.C.A., § 43-516; Acts 1997, ch. 70, § 2; 1998, ch. 636, § 1.

43-6-103. [Repealed.]

Compiler's Notes. Former § 43-6-103 (Acts 1955, ch. 8, § 3; T.C.A., § 43-517), concerning the director and the director's appointment and qualifications, was repealed by Acts 1997, ch. 70, § 3.

43-6-104. Rules and regulations — Force and effect.

The commissioner has the power to promulgate such rules and regulations under the authority of this part as may be necessary to prevent the further introduction of insect pests, pest plants, or plant diseases into the state, and to eradicate or suppress and control such insect pests, pest plants, or plant diseases occurring therein. Rules and regulations established under this part shall have the force and effect of law.

Acts 1955, ch. 8, § 4; T.C.A., § 43-518; Acts 1995, ch. 330, § 1; 1997, ch. 70, § 4.

43-6-105. Uniform Administrative Procedures Act applicable — Exception for quarantine procedure.

Administration of this part shall comply with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, except that an order of quarantine need not be treated as a contested case prior to receipt by the commissioner of a petition to review the quarantine. Petitions shall be heard by the commissioner as soon as reasonably possible.

Acts 1955, ch. 8, § 5; 1959, ch. 78, § 2; 1976, ch. 806, § 1(79); T.C.A., § 43-519; Acts 1980, ch. 472, § 2.

43-6-106. Duties of commissioner — Powers.

It is the duty of the commissioner to protect the agricultural, silvicultural and horticultural or other interests of the state from insect pests, pest plants, or plant diseases and to that end the commissioner is vested with power and authority to:

  1. Inspect or cause to be inspected by duly authorized agents or employees, plants, plant products, or other articles or things that may, in the commissioner's opinion, be capable of disseminating or carrying insect pests, pest plants, or plant diseases. For this purpose, the commissioner has the power to go upon any property, including private property, posted or otherwise, and open any bundle, package, or other container containing, or thought to contain, plants, plant products, or other articles or things capable of transmitting or carrying insect pests, pest plants, or plant diseases;
  2. Supervise or cause the treatment, cutting, or destruction of plants; treat or supervise treatment of land and soil; require the elimination of specific crops and prohibit the planting of those crops in designated areas for stipulated periods; regulate planting dates, harvest dates, and other cultural practices in designated areas; require destruction, treatment, other handling of crop residues and debris in designated areas; otherwise regulate land use in designated areas, when any or all of these measures are necessary to prevent the dissemination or to control or to eradicate insect pests, pest plants, or plant diseases and when rules and regulations therefor have been duly promulgated;
  3. Inspect or cause to be inspected all nurseries, greenhouses, or other plant growing establishments of whatever kind in the state at such intervals as the commissioner may deem best and promulgate such rules and regulations governing nurseries, greenhouses and other plant growing establishments and the movement of nursery stock, plants, and plant propagating material as the commissioner may deem necessary in the eradication, control or prevention of spread of insect pests, pest plants, or plant diseases;
  4. Promulgate rules and regulations to govern the sale and distribution of nursery stock, other plants or plant propagating material by dealers and agents;
  5. Promulgate rules and regulations under which nursery stock, other plants, plant propagating material, and plant products may be brought into this state from other states, territories, and foreign countries;
  6. Promulgate such rules and regulations with reference to plants and plant products while in transit through this state as may be deemed necessary to prevent the introduction into and dissemination within this state of insect pests, pest plants, or plant diseases;
  7. Require of any person, firm or corporation having plants, plant products, or other articles or things likely to carry insect pests, pest plants, or plant diseases, in the possession of such person, firm or corporation to give full information as to the origin and source of such plants, plant products, or other articles or things. It is a Class A misdemeanor for such person, firm or corporation to refuse to give such information if able to do so;
  8. Declare a dangerous insect pest, pest plant, or plant disease to be a public nuisance as well as any plant or other thing infested or infected with a dangerous insect pest, pest plant, or plant disease or that has been exposed to infestation or infection and therefore likely to communicate infestation or infection;
  9. Declare a quarantine against any area, place, nursery, forest, orchard, farm lot, or other boundary of whatever size or description, or any county or counties within this state, other states, territories, foreign countries or portion thereof in reference to dangerous insect pests, pest plants, or plant diseases and prohibit the movement within the state or any part of the state or the introduction into this state from other states, territories, or foreign countries, of all plants, plant propagating material, plant products, or other articles or things including soil from quarantined places or areas that are likely to carry dangerous insect pests, pest plants, or plant diseases if the quarantine is determined, after due investigation by the commissioner to be necessary in order to protect the agricultural, horticultural, and silvicultural, or other interests of this state. In such cases, the quarantine may be made absolute, or rules and regulations may be adopted prescribing the method and manner under which the prohibited articles may be moved into or within, sold, or otherwise disposed of in this state;
  10. Intercept and inspect while in transit or after arrival at destination, all plants, plant propagating material, plant products, or other things likely to carry insect pests, pest plants, or plant diseases being moved in this state, and if upon inspection, such plants, plant propagating material, plant products, or other things are found to be infested or infected with an injurious insect pest, pest plant, or plant disease, or if such material is believed to be likely to communicate or transmit an injurious insect pest, pest plant, or plant disease or is being transported in violation of any of the rules and regulations established pursuant to and under the authority of this part, then the plants, plant propagation material, plant products or other things may be treated when necessary, at the expense of the owners, and released, returned to the sender, or destroyed, the disposition to be determined under rules and regulations to be promulgated by the commissioner;
  11. Carry on investigations relating to methods of control, eradication, and/or prevention of spread of insect pests, pest plants, or plant diseases, and for that purpose may rent, lease, or purchase the necessary facilities, in accordance with existing state law pertaining to such transactions; and
  12. Apply to courts of competent jurisdiction for writs of injunction and institute criminal proceedings for the enforcement of this part. It is the duty of the several district attorneys general to represent the commissioner when called upon to do so.

Acts 1955, ch. 8, § 6; 1959, ch. 78, § 3; T.C.A., § 43-520; Acts 1989, ch. 591, § 1; 1995, ch. 330, § 2; 1997, ch. 70, § 5.

Cross-References. Penalty for Class A misdemeanor, § 40-35-111.

Law Reviews.

The Tennessee Court Systems — Prosecution, 8 Mem. St. U.L. Rev. 477.

43-6-107. Appointment of assistants — Cooperative agreements — Official publication.

The commissioner has the power and authority to:

  1. Purchase all necessary materials, supplies, office, laboratory, and field equipment and other things, in the manner prescribed by law, and make such other expenditures as may be essential and necessary in carrying out this part within the limits of the amount appropriated by law;
  2. Appoint, in accordance with any applicable rules or regulations of the department of human resources, such assistants, inspectors and other employees as may be required and prescribe their duties, and delegate to the assistants, inspectors and other employees such powers and authority as may be deemed proper within the limits of the power and authority conferred upon the commissioner by this part;
  3. Enter into cooperative arrangements with any person, municipality, county and other departments of this state, and boards, officers and authorities of other states and the United States for inspection with reference to insect pests, pest plants, or plant diseases and for the control and eradication of insect pests, pest plants, or plant diseases, and to contribute a just proportionate share of the expenses incurred under such arrangements; and
  4. Publish, at intervals to be determined by the commissioner, an official organ of the department of agriculture for public distribution and may from time to time publish and distribute to the public such further information as may be deemed necessary or in the public interest.

Acts 1955, ch. 8, § 7; T.C.A., § 43-521; Acts 1995, ch. 330, § 3; 1997, ch. 70, § 6.

Compiler's Notes. Pursuant to Acts 2007, ch. 60, references to the department of personnel were changed to the department of human resources, effective April 24, 2007.

43-6-108. Promulgation of rules — Certified copies in evidence.

All rules and regulations made pursuant to this part shall be promulgated as provided by law; provided, that in case of emergency where it is necessary to place a quarantine to take effect immediately, promulgation may be made by proclamation of the commissioner. Printed copies of all acts, rules, regulations, quarantines, or other notices, which shall be published by the commissioner under authority granted by this part, shall be admitted as sufficient evidence of such acts, rules, regulations, quarantines or other notices in all courts and on all occasions whatsoever; provided, that the correctness of such copies be certified to by the commissioner.

Acts 1955, ch. 8, § 8; T.C.A., § 43-522; Acts 1997, ch. 70, § 7.

43-6-109. Pests and diseases — Special permits.

The introduction into this state of any insect pests, pest plants, or plant diseases, except under a special permit issued by the commissioner, is prohibited.

Acts 1955, ch. 8, § 9; T.C.A., § 43-523; Acts 1995, ch. 330, § 4; 1997, ch. 70, § 8.

43-6-110. Isolation of plants and products — Inspection.

Any person, including common carriers, who shall knowingly receive plants, plant products, or other articles or things sold, given away, carried, shipped, or delivered for carriage or shipment within the state, as to which this part and the rules and regulations promulgated pursuant to this part have not been complied with, shall be required to isolate and hold the plant, plant product, or other article or thing, unopened and unused, subject to such inspection or other disposition as may be provided by the commissioner.

Acts 1955, ch. 8, § 10; T.C.A., § 43-524; Acts 1997, ch. 70, § 9.

43-6-111. Liability of principal.

In construing and enforcing this part, the act, omission or failure of any official, agent, or other person acting for, or employed by, any association, partnership, corporation or other principal within the scope of such person's employment or office shall in every case be deemed the act, omission, or failure of the association, partnership, corporation or other principal as well as that of the individual.

Acts 1955, ch. 8, § 11; T.C.A., § 43-525.

43-6-112. Violations — Penalty.

Any person who violates any provision or requirement of this part or of the rules and regulations made under this part or of any order or notice given pursuant to this part, or who forges, counterfeits, destroys, or wrongfully or improperly, uses any certificate provided for in this part or in the rules and regulations made pursuant to this part, or who interferes with or obstructs the commissioner or any of the commissioner's duly designated employees or agents in the performance of the person's duties, commits a Class C misdemeanor.

Acts 1955, ch. 8, § 12; T.C.A., § 43-526; Acts 1989, ch. 591, § 113; 1997, ch. 70, § 10.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

Cited: State v. Russell, — S.W.3d —, 2012 Tenn. Crim. App. LEXIS 161 (Tenn. Crim. App. Mar. 15, 2012).

43-6-113. Establishment of fees.

  1. A nematode sample analysis fee shall be set by rule pursuant to § 43-1-703.
  2. Nursery stock or other plant material plant dealer certificate fees shall be set by rule pursuant to § 43-1-703.
  3. Florist certificate fees shall be set by rule pursuant to § 43-1-703.
  4. The fee for phytosanitary certificates shall be equivalent to United States department of agriculture, animal and plant health inspection service fees.
  5. The department shall have no authority under this section to assess the greenhouse plant certification fee, or any other license fee or plant certification fee established by this part against:
    1. Any person engaged in the production of tobacco seedlings; or
    2. Any farmer who produces and sells plants or seedlings in connection with the person's farming operations, but who is not primarily engaged in the business of producing and selling plants or seedlings, as determined by the commissioner.

Acts 2015, ch. 485, § 4.

Effective Dates. Acts 2015, ch. 485, § 41. July 1, 2015; May 20, 2015, for the purpose of promulgating rules.

Part 2
Eradication of Johnson Grass

43-6-201. Adoption of part by county legislative body.

The various county legislative bodies of the state may by resolution adopt this part by a vote of its members. Upon a two-thirds (2/3) vote of the county legislative body for the adoption of this part, the results of the vote shall be certified to the commissioner of agriculture. If a majority of the votes cast are against the adoption of this part, the question shall not be resubmitted for reconsideration of the county legislative body for at least one (1) year after the vote.

Acts 1961, ch. 306, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 43-2701.

Cross-References. Pest control board, § 62-21-104.

Pest control operators, title 62, ch. 21.

Law Reviews.

The Tennessee Court System (Frederic S. Le Clercq), 8 Mem. St. U.L. Rev. 189.

43-6-202. Johnson grass extermination areas — Designation by commissioner of agriculture — Notice.

The commissioner of agriculture shall within thirty (30) days after receipt of the notice from the county clerk as provided in § 43-6-201 declare the county to be a “Johnson grass extermination area” and the commissioner shall cause suitable notice to be published in a newspaper in the county for two (2) consecutive weeks. The notice shall specify that the county has been declared a Johnson grass extermination area and that all property owners in the county shall, not later than April 30 following the publication of the notice, take steps to control and eradicate Johnson grass on all lands owned by them or under their control. The commissioner may have inserted in the notice such other pertinent and relevant information as the commissioner may deem advisable.

Acts 1961, ch. 306, § 2; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A., § 43-2702.

43-6-203. County weed control boards.

  1. The commissioner of agriculture shall, within ten (10) days after receipt of the notice provided for in § 43-6-201, appoint a three-member county weed control board composed of citizens of the county, which shall be named by the county legislative body to serve as advisors and to assist the commissioner in the administration of this chapter and to perform such other duties as may be prescribed by the commissioner.
  2. Members of the board shall receive no salary for their services, but shall be reimbursed by the county legislative body for their actual and necessary expenses incurred in the performance of their duties.

Acts 1961, ch. 306, § 3; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 43-2703.

43-6-204. Duties of commissioner of agriculture.

  1. The commissioner of agriculture has the duty under this part to:
    1. Assist the county weed control board, all public utilities, the department of transportation, the county legislative body, drainage districts, the county highway department, other public and quasi-public corporations and other interested parties in the control and eradication of Johnson grass;
    2. Be informed of the origin, nature and appearance of Johnson grass and the manner in which it is disseminated and shall follow recommendations of the University of Tennessee, college of agricultural sciences and natural resources, as to the best and approved method to control, eradicate and prevent the dissemination of Johnson grass; and
    3. Cooperate with and have authority to enter into cooperative agreements with state and federal agencies and departments for the furtherance of the control and eradication of Johnson grass.
  2. The commissioner shall make all rules and regulations for carrying out this part  and its requirements.

Acts 1961, ch. 306, § 4; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 43-2704.

43-6-205. Inspection of land by county weed control boards.

  1. The county weed control board is responsible for the inspection of lands and places for compliance with this part, and has the authority to employ all necessary assistance required for inspections, and shall certify the expense thereof to the county clerk for payment.
  2. The commissioner or the commissioner's designated representative, as well as the county weed control board or the designated representative of the board, shall have the right of ingress or egress upon all lands in the county in making an inspection or performing any other duties imposed by this part.

Acts 1961, ch. 306, § 5; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A., § 43-2705.

43-6-206. Failure to comply — Prosecution.

Upon failure or refusal to comply with this part, the failure or refusal shall be reported by the county weed control board to the district attorney general for the county affected, and it shall be the duty of the district attorney general to prosecute all persons violating this part in the manner provided in this part.

Acts 1961, ch. 306, § 6; T.C.A., § 43-2706.

Law Reviews.

The Tennessee Court Systems — Prosecution, 8 Mem. St. U.L. Rev. 477.

43-6-207. Duty to control and exterminate.

  1. It is the duty of all public utilities where they control the surface area, the department of transportation, the county legislative body, drainage districts, county road departments and other public and quasi-public corporations and every landowner in Johnson grass extermination areas, to:
    1. Control and eradicate Johnson grass and prevent its regrowth and reinfestation on all lands, rights-of-way and easements owned, occupied or controlled by them;
    2. Employ methods of control and eradication and for the prevention of the regrowth and reinfestation of Johnson grass as directed by the commissioner of agriculture or the county weed control board; and
    3. Comply with all orders, rules and regulations promulgated by the commissioner of agriculture pursuant to this part.
  2. The department of transportation may not enter into such program on a pilot basis with more than one (1) county.
  3. The state shall not be held civilly liable for any act in compliance with the purpose and intent of this part.

Acts 1961, ch. 306, § 7; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 43-2707.

43-6-208. Nuisance — Action to enjoin.

The existence or growth of Johnson grass, in counties electing to come under this part, is declared to be a public and common nuisance and the district attorneys general for and in those counties affected shall have the duty to bring an action in the circuit court of such county to enjoin this nuisance. The action shall be brought in the name of the state of Tennessee and shall be tried as in equity cases. In order to sustain the action, it shall be necessary to allege that thirty (30) days' advance notice of the filing of the suit has been served upon the defendant or defendants, and that the defendant or defendants, have taken no suitable action to comply with this part prior to the filing of the suit. Any landowner whose land is adjacent to or within one hundred feet (100') of land on which the nuisance is permitted or maintained and who is not undertaking a Johnson grass control program may bring a civil action for injunction against any person permitting or maintaining the nuisance and shall, in addition to injunctive relief, be entitled to recover as a penalty the sum of five hundred dollars ($500) and any actual damages sustained as a result of the maintenance of the nuisance.

Acts 1961, ch. 306, § 8; T.C.A., § 43-2708.

Law Reviews.

The Tennessee Court Systems — Prosecution, 8 Mem. St. U.L. Rev. 477.

43-6-209. Appropriation of funds by county.

Upon the adoption of this part by a county, such county thereafter is specifically authorized to appropriate funds to carry out and administer this part.

Acts 1961, ch. 306, § 10; T.C.A., § 43-2709.

43-6-210. Removal of county from provisions of part.

When any particular county has adopted this part and brings itself within this part, it may at any subsequent time remove itself from the provisions hereof by a proper resolution therefor adopted by a majority vote of the county legislative body. Upon the adoption of such resolution, this part shall not apply to the county.

Acts 1961, ch. 306, § 9; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 43-2710.

Part 3
Pest Control Compact [Repealed]

43-6-301. [Repealed.]

Acts 1969, ch. 81, § 1; T.C.A., §§ 43-2801, 43-7-101; repealed by Acts 2014, ch. 509, § 2, effective March 6, 2014.

Compiler's Notes. Former title 43, ch. 6, part 3, §§ 43-6-30143-6-308, concerned the Pest Control Compact.

Acts 2014, ch. 509, § 3, provided that notwithstanding § 4-29-112 or any other law to the contrary, the pest control compact, created by § 43-6-301, shall terminate and shall cease to exist upon March 6, 2014.

43-6-302. [Repealed.]

Acts 1969, ch. 81, § 2; T.C.A., §§ 43-2802, 43-7-102; repealed by Acts 2014, ch. 509, § 2, effective March 6, 2014.

Compiler's Notes. Former title 43, ch. 6, part 3, §§ 43-6-30143-6-308, concerned the Pest Control Compact.

Acts 2014, ch. 509, § 3, provided that notwithstanding § 4-29-112 or any other law to the contrary, the pest control compact, created by § 43-6-301, shall terminate and shall cease to exist upon March 6, 2014.

43-6-303. [Repealed.]

Acts 1969, ch. 81, § 3; T.C.A., §§ 43-2803, 43-7-103; repealed by Acts 2014, ch. 509, § 2, effective March 6, 2014.

Compiler's Notes. Former title 43, ch. 6, part 3, §§ 43-6-30143-6-308, concerned the Pest Control Compact.

Acts 2014, ch. 509, § 3, provided that notwithstanding § 4-29-112 or any other law to the contrary, the pest control compact, created by § 43-6-301, shall terminate and shall cease to exist upon March 6, 2014.

43-6-304. [Repealed.]

Acts 1969, ch. 81, § 4; T.C.A., §§ 43-2804, 43-7-104; repealed by Acts 2014, ch. 509, § 2, effective March 6, 2014.

Compiler's Notes. Former title 43, ch. 6, part 3, §§ 43-6-30143-6-308, concerned the Pest Control Compact.

Acts 2014, ch. 509, § 3, provided that notwithstanding § 4-29-112 or any other law to the contrary, the pest control compact, created by § 43-6-301, shall terminate and shall cease to exist upon March 6, 2014.

43-6-305. [Repealed.]

Acts 1969, ch. 81, § 5; T.C.A., §§ 43-2805, 43-7-105; repealed by Acts 2014, ch. 509, § 2, effective March 6, 2014.

Compiler's Notes. Former title 43, ch. 6, part 3, §§ 43-6-30143-6-308, concerned the Pest Control Compact.

Acts 2014, ch. 509, § 3, provided that notwithstanding § 4-29-112 or any other law to the contrary, the pest control compact, created by § 43-6-301, shall terminate and shall cease to exist upon March 6, 2014.

43-6-306. [Repealed.]

Acts 1969, ch. 81, § 6; T.C.A., §§ 43-2806, 43-7-106; repealed by Acts 2014, ch. 509, § 2, effective March 6, 2014.

Compiler's Notes. Former title 43, ch. 6, part 3, §§ 43-6-30143-6-308, concerned the Pest Control Compact.

Acts 2014, ch. 509, § 3, provided that notwithstanding § 4-29-112 or any other law to the contrary, the pest control compact, created by § 43-6-301, shall terminate and shall cease to exist upon March 6, 2014.

43-6-307. [Repealed.]

Acts 1969, ch. 81, § 7; T.C.A., §§ 43-2807, 43-7-107; repealed by Acts 2014, ch. 509, § 2, effective March 6, 2014.

Compiler's Notes. Former title 43, ch. 6, part 3, §§ 43-6-30143-6-308, concerned the Pest Control Compact.

Acts 2014, ch. 509, § 3, provided that notwithstanding § 4-29-112 or any other law to the contrary, the pest control compact, created by § 43-6-301, shall terminate and shall cease to exist upon March 6, 2014.

43-6-308. [Repealed.]

Acts 1969, ch. 81, § 8; T.C.A., §§ 43-2808, 43-7-108; repealed by Acts 2014, ch. 509, § 2, effective March 6, 2014.

Compiler's Notes. Former title 43, ch. 6, part 3, §§ 43-6-30143-6-308, concerned the Pest Control Compact.

Acts 2014, ch. 509, § 3, provided that notwithstanding § 4-29-112 or any other law to the contrary, the pest control compact, created by § 43-6-301, shall terminate and shall cease to exist upon March 6, 2014.

Part 4
Eradication of the Cotton Boll Weevil

43-6-401. Purpose.

The general assembly has found and determined and does declare that the boll weevil is a public nuisance, a pest and a menace to the cotton industry. Due to the interstate nature of boll weevil infestation, it is necessary to secure the cooperation of cotton growers and other state and federal governments to carry out a program of boll weevil suppression or eradication. The purpose of this part is to secure the suppression or eradication of the boll weevil and to provide for certification of a cotton grower's organization to cooperate with state and federal agencies in the administration of cost sharing programs for the suppression or eradication of the boll weevil.

Acts 1989, ch. 350, § 1.

Cross-References. Pest control board, § 62-21-104.

Pest control operators, title 62, ch. 21.

43-6-402. Part definitions.

As used in this part, unless the context otherwise requires:

  1. “Boll weevil” means Anthonomus grandis Boheman in any stage of development;
  2. “Certificate” means a document issued or authorized by the commissioner indicating that a regulated article is not contaminated with boll weevils;
  3. “Commissioner” means the commissioner of agriculture or the commissioner's designated representative;
  4. “Cotton” means any cotton plant or cotton plant product upon which the boll weevil is dependent for completion of any portion of its life cycle;
  5. “Cotton grower” means any person who is engaged in and has an economic risk in the business of producing, or causing to be produced, cotton for market;
  6. “Department” means the Tennessee department of agriculture;
  7. “Host” means any plant or plant product upon which the boll weevil is dependent for completion of any portion of its life cycle;
  8. “Infested” means actually infested with a boll weevil, or so exposed to infestation that it would be reasonable to believe that an infestation exists;
  9. “Permit” means a document issued or authorized by the commissioner to provide for the movement of regulated articles to restricted designations for limited handling, utilization, or processing;
  10. “Person” means any individual, corporation, company, society, or association, or other business entity; and
  11. “Regulated article” means any article of any character carrying or capable of carrying the boll weevil, including, but not limited to, cotton plants, seed cotton, other hosts, gin trash and mechanical cotton pickers.

Acts 1989, ch. 350, § 2.

43-6-403. Commissioner — Duty — Cooperation with agencies, groups or persons.

The commissioner shall carry out programs to destroy and eliminate boll weevils in this state. The commissioner may cooperate with any agency of the federal government, any state, any other agency in this state, or any person engaged in growing, processing, marketing, handling cotton, or any group of such persons in this state in programs to effectuate the purposes of this part, and may enter into written agreements to effectuate those purposes. Such agreements may provide for cost sharing and for division of duties and responsibilities under this part, and may include other provisions generally to effectuate the purposes of this part.

Acts 1989, ch. 350, § 3.

43-6-404. Commissioner — Powers.

The commissioner may enter cotton fields and other premises in order to carry out such activities, including, but not limited to, treatment with pesticides, and monitoring as may be necessary to carry out this part. The commissioner may inspect any fields or premises in this state and any property located in or on any fields or premises in this state for the purpose of determining whether the property is infested. Such inspection and other activities may be conducted at any reasonable hours falling between sunrise and sunset.

Acts 1989, ch. 350, § 4.

43-6-405. Cotton growers — Submission of form.

Every person growing cotton in this state shall furnish to the commissioner, on forms supplied by the commissioner, such information as the commissioner may require, concerning the size and location of all commercial cotton fields and of noncommercial patches of cotton grown as ornamentals or for other purposes.

Acts 1989, ch. 350, § 5.

43-6-406. Promulgation of rules — Quarantine.

Whenever the commissioner determines that such action is necessary, or reasonably appears necessary, to prevent or retard the spread of the boll weevil, the commissioner may promulgate rules quarantining this state, or any portion thereof, and governing the storage or other handling in the quarantined areas of regulated articles and the movement of regulated articles into or from quarantined areas. The commissioner may also promulgate rules governing the movement of regulated articles from other states or portions thereof into this state when the other state is known to be infested.

Acts 1989, ch. 350, § 6.

43-6-407. Elimination zones — Designation — Rules — Penalties.

The commissioner may designate by rule one (1) or more areas of this state as “elimination zones” where boll weevil eradication programs will be undertaken. The commissioner may promulgate reasonable rules regarding areas where cotton cannot be planted within an elimination zone when there is reason to believe it will jeopardize the success of the program or present a hazard to public health or safety. The commissioner may issue rules prohibiting the planting of noncommercial cotton in elimination zones, and requiring that all growers of commercial cotton in the elimination zones participate in a program of boll weevil eradication, including cost sharing as prescribed in the rules. Notice of the prohibition and requirement shall be given by publication for one (1) day each week for three (3) successive weeks in a newspaper having general circulation in the affected area. The commissioner may set by rule a reasonable schedule of penalty fees to be assessed when growers in designated “elimination zones” do not meet the requirements of rules issued by the commissioner with respect to reporting of acreage and participation in cost sharing as prescribed by rule. Such penalty fee shall not exceed a charge of fifty dollars ($50.00) per acre. When a grower fails to meet the requirements of rules promulgated by the commissioner, the commissioner is authorized in elimination zones to destroy cotton not in compliance with the rules. Costs incurred by the commissioner may be assessed against the grower.

Acts 1989, ch. 350, § 7.

43-6-408. Destruction or treatment of cotton in elimination zones.

The commissioner may destroy or, in the commissioner's discretion, treat with pesticides volunteer or other noncommercial cotton, and may establish procedures for the purchase and destruction of commercial cotton in elimination zones when the commissioner deems such action necessary to effectuate the purposes of this part. No payment shall be made by the commissioner to the owner or lessee for the destruction or injury of any cotton that was planted in an elimination zone after publication of notice as provided in this part, or was otherwise handled in violation of this part, or the rules adopted pursuant thereto. However, the commissioner shall pay for losses resulting from the destruction of cotton that was planted in such zones prior to publication of the notice.

Acts 1989, ch. 350, § 8.

43-6-409. Elimination zones — Restricted entry and regulations.

  1. The commissioner may promulgate rules restricting entry by persons, and location of honeybee colonies in any premises in an elimination zone that have been or are to be treated with pesticides, or otherwise treated to cause the eradication of the boll weevil, or in any other area that may be affected by such treatments.
    1. The commissioner may also adopt such other rules and regulations as the commissioner deems necessary to further effectuate the purposes of this part.
    2. All rules under this part shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 1989, ch. 350, §§ 9, 17.

43-6-410. Violations — Penalties.

  1. Any person who violates any of the provisions of this part or the rules promulgated under this part, or who alters, forges or counterfeits, or uses without authority, any certificate or permit or other document provided for in this part or in the rules promulgated under this part, commits a Class A misdemeanor.
  2. Any person who, except in compliance with the rules of the commissioner, moves any regulated article into this state from any other state that the commissioner has determined in such rules is infested, commits a Class A misdemeanor.

Acts 1989, ch. 350, § 10; 1989, ch. 591, § 1.

Cross-References. Penalty for Class A misdemeanor, § 40-35-111.

43-6-411 — 43-6-420. [Reserved.]

  1. The commissioner may certify a cotton growers' organization for the purpose of entering into agreements with the state of Tennessee, other states, the federal government and other parties as may be necessary to carry out the purposes of this part.
  2. In order to be eligible for certification by the commissioner, the cotton growers' organization must demonstrate to the satisfaction of the commissioner that:
    1. It is a nonprofit organization and could qualify as a tax exempt organization under § 501(a) of the Internal Revenue Code of 1954 [26 U.S.C. § 501(a)];
    2. Membership in the organization shall be open to all cotton growers in this state;
    3. The organization shall have only one (1) class of members with each member entitled to only one (1) vote; and
    4. The organization's board of directors shall be comprised as follows:
      1. Four (4) Tennessee cotton growers to be appointed by the commissioner;
      2. One (1) representative from each cotton producer organization certified as a producer organization by the National Cotton Council and eligible to name delegates to such council; and
      3. One (1) representative of state government from this state to be appointed by the commissioner.
  3. All books and records of account and minutes of proceedings of the organization shall be available for inspection or audit by the commissioner at any reasonable time.
  4. Employees or agents of the growers' organization who handle funds of the organization shall be adequately bonded in an amount to be determined by the commissioner.
  5. If the commissioner finds that the growers' organization meets the requirements set forth in subsection (b), the commissioner shall certify the organization in writing, for the purposes of this part only, and such certification shall not affect any other organization of cotton growers established for other purposes. The commissioner shall certify only one (1) such organization; provided, that the commissioner may revoke the certification of the organization if at any time the organization fails to meet the requirements of this part.

Acts 1989, ch. 350, § 11.

43-6-422. Certified cotton growers' organization — Form — Members — Powers — Liabilities.

  1. The certified cotton growers' organization shall be:
    1. A public corporation and may contract and be contracted with, implead and be impleaded, and complain and defend in all courts; and
    2. Governed by a board of directors, which shall name its chair, vice chair, and secretary, and determine a quorum for the transaction of its business.
  2. The certified cotton growers' organization may appoint advisory boards, special committees, legal counsel, and technical and clerical personnel to advise, aid, and assist the organization in the performance of its duties, and fix, if necessary, any compensation for such services.
  3. The members, officers, and employees of the certified cotton growers' organization operating under this part shall not be held individually responsible to any grower or other person for errors in judgment, mistakes, or other acts of omission or commission, other than their own acts of dishonesty or crime. No member, officer, or employee shall be held individually responsible for any act of omission of any other member of such organization. The liability of the members of the certified cotton growers' organization shall be several and not joint, and no member shall be liable for the default of any other member.
  4. The certified cotton growers' organization may borrow money or otherwise incur indebtedness, and may expend the moneys so acquired for the purpose of destroying and eradicating the boll weevil in Tennessee. Any indebtedness created pursuant to this subsection (d) shall be repaid from the assessments on the cotton growers provided for in § 43-6-423 or from other funds available to the cotton growers' organization, and shall not constitute a debt of the state or any department, agency, political subdivision, official, or employee of the state. Funds borrowed under this subsection (d) may be expended by the certified cotton growers' organization for the purpose of reducing the annual assessment or increasing the number of years over which cotton growers are required to pay assessments under this part.

Acts 1989, ch. 350, § 12.

43-6-423. Assessments — Authorizing referendum — Disposition of funds.

  1. Upon the request of the certified cotton growers' organization, the commissioner shall authorize a referendum among cotton growers upon the question of whether an assessment shall be levied upon cotton growers in the state to offset, in whole or in part, the cost of boll weevil or other cotton pest suppression or eradication programs authorized by this part or by any other law of this state.
  2. The assessment levied under this part shall be based upon the number of acres of cotton planted. The amount of the assessment, the period of time for which it is levied, and the geographical area to be covered by the assessment shall be determined by the commissioner, upon recommendation by the board of directors of the cotton growers' organization.
  3. All affected cotton growers shall be entitled to vote in any such referendum, and the commissioner shall determine any questions of eligibility to vote.
  4. Passage of such referendum shall require a two-thirds (2/3) majority of those eligible cotton growers voting.
  5. The assessments collected by the department under this part, less such amounts as may be authorized in the general appropriations act for administration of this part, shall be promptly remitted to the certified cotton growers' organization under such terms and conditions as the commissioner may deem necessary to ensure that such assessments are used in a sound program of eradication or suppression of the boll weevil or other cotton pests.
  6. There is created within the state treasury a fund known as the “certified cotton growers' organization fund.” All funds received, appropriated or otherwise coming under this part shall be deposited into the state treasury to the credit of the certified cotton growers' organization. The commissioner shall administer the fund and make payments from the fund in the same manner as other state agencies for the administration and implementation of the purposes of this part. Amounts in the fund at the end of any fiscal year shall not revert to the general fund but shall remain available to the organization for the purposes as set forth in this part. Should the eradication program be discontinued or certification of the cotton growers' organization be revoked by the commissioner, any funds remaining in its hands at that time may be paid out by the commissioner for existing obligations and for closing the affairs of the certified cotton growers' organization. Any funds remaining over and above those required for completing the business of the cotton growers' organization shall be paid by the commissioner to the contributing growers on a pro rata basis.
  7. The commissioner, with the approval of the board of directors of the certified cotton growers' organization, may grant waivers of timely payments of assessments, when a grower can show that assessments will cause an undue financial burden or bankruptcy. Such waivers shall not exceed six (6) months in length, and shall be subject to an equitable rate of interest.
  8. Records maintained by the commissioner on behalf of the certified cotton growers' organization shall be audited at least annually by the comptroller of the treasury or the comptroller's designated representative.

Acts 1989, ch. 350, § 13.

43-6-424. Referendum — Management and expense.

The arrangements for, and management of, any referendum held under this part shall be under the direction of the certified cotton growers' organization. The organization shall bear all expenses incurred in conducting the referendum, to include furnishing the ballots and arranging for the necessary poll holders.

Acts 1989, ch. 350, § 14.

43-6-425. Subsequent referenda.

  1. If any referendum conducted under this part fails to receive the required number of affirmative votes, the certified organization may, with the consent of the commissioner, call other referenda.
  2. After the passage of any referendum, the eligible voters shall be allowed, by subsequent referenda, at least every ten (10) years, to vote on whether to continue their assessments. All of the requirements for an initial referendum shall be met in subsequent referenda.

Acts 1989, ch. 350, § 15; 1995, ch. 324, § 1.

43-6-426. Failure to pay assessments and penalties — Commissioner's lien — Rules.

  1. A cotton grower who fails to pay, when due and upon reasonable notice, any assessment levied under this part, shall be subject to a per acre penalty as established in the commissioner's rules, in addition to the assessment.
  2. A cotton grower who fails to pay all assessments, including penalties, within thirty (30) days of notice of penalty, shall destroy any cotton plants growing on such cotton grower's acreage that is subject to the assessment. Any such cotton plants that are not destroyed shall be deemed to be a public nuisance, and such public nuisance may be abated in the same manner as any public nuisance. The commissioner, with the approval of the attorney general and reporter and upon the relation of the attorney general and reporter, may apply to the circuit court of the judicial district in which the public nuisance is located to have the nuisance condemned and destroyed, with all costs of destruction to be taxed against the grower. This injunctive relief shall be available to the commissioner, notwithstanding the existence of any other legal remedy, and the commissioner shall not be required to file a bond.
  3. Whenever a cotton grower fails to pay all assessments, penalties, and costs associated with the treatment and/or destruction of a cotton crop, the commissioner may recover the amount due from the buyer of the grower's crop, equal to but not exceeding the amount the buyer paid for the crop. Notice of the commissioner's claim shall be given in writing to the grower and the buyer. The buyer shall pay the commissioner's claim before payment for the crop is made to the grower. Beginning on the date written notice is received by the buyer, the commissioner's claim shall apply to any cotton crop grown by the grower, including future crops, until the commissioner's claim is paid in full. The buyer shall be liable for making the payment to the commissioner; however, any buyer of cotton shall take free of the commissioner's claim if the buyer has not received written notice of the claim by the date the grower receives payment for the crop.
  4. If the grower's cotton crop fails or is not sufficient to pay the commissioner's claim as provided for in subsection (c), the commissioner shall have a lien of equal dignity with other liens for moneys owed to the state against all real and personal property owned or subsequently acquired by the grower in accordance with § 67-1-1403. The commissioner shall cause a notice of a lien for payment of the claim to be recorded in the office of the appropriate county register of deeds as provided for in § 67-1-1403.
  5. The commissioner may promulgate rules as may be necessary to file a lien to accomplish the purposes of this part.

Acts 1989, ch. 350, § 16; 1999, ch. 410, §§ 1-3.

43-6-427 — 43-6-430. [Reserved.]

This part is declared to be remedial in nature, and shall be liberally construed to effectuate its purposes.

Acts 1989, ch. 350, § 18.

Part 5
Suppression of Black Flies

43-6-501. Legislative intent.

The general assembly recognizes the negative impact of uncontrolled populations of simulium jenningsi and simulium fibrinflatum (“black flies”) on the economy and quality of life of a region. The general assembly also recognizes that the tourism and agricultural industries can be particularly affected by an overpopulation of black flies and that an overpopulation may be likely to spread throughout the eastern part of the state as black fly populations increase with the improvement of water quality. The general assembly believes that it is important to explore potential solutions to black fly infestation before the black fly problem becomes unmanageable and industries important to the state suffer the consequences of state inaction.

Acts 2006, ch. 981, § 1.

Cross-References. Pest control board, § 62-21-104.

Pest control operators, title 62, ch. 21.

43-6-502. Study of biological suppression program.

  1. The University of Tennessee shall initiate and administer a two-year black fly suppression program using a biological control agent in the Greenbrier Valley and the areas adjacent to the Pigeon River under the supervision of the department of agriculture. The university shall study the biological and socioeconomic effects of the suppression program on the region. The university shall report its findings to the department of agriculture and the department of environment and conservation. The university shall also report the results of the program to the energy, agriculture and natural resources committee of the senate and the agriculture and natural resources committee of the house of representatives.
  2. The Tennessee wildlife resources agency is authorized to participate in the black fly suppression program in order to promote wildlife management by improving the quality of hunting and fishing conditions in the subject area.
  3. None of the funds for the program authorized by this section shall be expended until all authorizations required by law have become final and effective, including, but not limited to, a permit required by the Water Quality Control Act of 1977, compiled in title 69, chapter 3, part 1.

Acts 2006, ch. 981, § 1; 2007, ch. 563, § 1; 2012, ch. 604, § 16; 2013, ch. 236, § 75.

Compiler's Notes. Acts 2006, ch. 981, § 1 provided that the provisions of the part shall have no application unless funding is specifically provided for and included in the general appropriations act. Funding was provided by Acts 2006, ch. 963, § 12, item 7.

Amendments. The 2007 amendment, in (a), substituted “two-year black fly suppression program” for “one-year black fly suppression program,” and deleted the former second sentence which read: “The program shall begin no later than May 2007.”

The 2012 amendment substituted “energy and environment committee” for “environment, conservation and tourism committee” in the last sentence of (a).

The 2013 amendment substituted “the energy, agriculture and natural resources committee of the senate and the agriculture and natural resources committee of the house of representatives” for “the commerce, labor, and agriculture committee of the senate, the energy and environment committee of the senate, the agriculture committee of the house of representatives, and the conservation and environment committee of the house of representatives” at the end of the last sentence in (a).

Effective Dates. Acts 2007, ch. 563, § 2. June 27, 2007.

Acts 2012, ch. 604, § 24. July 1, 2012.

Acts 2013, ch. 236, § 94. April 19, 2013.

43-6-503. Biological control agent.

The biological control agent used in the program shall be known to pose no significant threat to people, animals, or the environment as used by the program. The department of agriculture is authorized to suspend the program indefinitely, if the agency has reason to believe that the safety of the citizens or the integrity of the environment of the subject area is threatened.

Acts 2006, ch. 981, § 1.

43-6-421. Cotton growers' organization — Certification.

43-6-431. General purpose — Construction.

Chapter 7
Pest Control Compact [Transferred]

43-7-101 — 43-7-108. [Transferred.]

Compiler's Notes. Former chapter 7, §§ 43-7-10143-7-108, concerning the pest control compact, was transferred to ch. 6, part 3 of this title in 1987.

Chapter 8
Pesticides

Part 1
General Provisions

43-8-101. Short title.

This part and part 2 of this chapter shall be known and may be cited as the “Tennessee Insecticide, Fungicide, and Rodenticide Act.”

Acts 1951, ch. 150, § 1 (Williams, § 6808.7); T.C.A. (orig. ed.), § 43-701; Acts 1980, ch. 539, § 1.

Cross-References. Commercial aerial application of pesticides, title 43, ch. 8, part 3.

Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 135 et seq.

Hazardous chemical right to know law, title 50, ch. 3, part 20.

Hazardous substances, title 68, ch. 131.

Hazardous waste management, title 68, ch. 212.

Pest control compact, title 43, ch. 6, part 3.

Pest control operators, regulation and licensing, title 62, ch. 21.

Law Reviews.

Torts — Products Liability — Cattle Killed by Weedicide, 24 Tenn. L. Rev. 1066.

Comparative Legislation. Insecticides, fungicides and rodenticides:

Ala.  Code § 2-27-1 et seq.

Ark.  Code § 2-16-401 et seq.

Ga. O.C.G.A. § 2-7-1 et seq.

Ky. Rev. Stat. Ann. § 217.541 et seq.

Miss.  Code Ann. § 69-23-1 et seq.

Mo. Rev. Stat. § 263.269 et seq.

N.C. Gen. Stat. § 143-434 et seq.

Va. Code § 3.1-249.27 et seq.

Collateral References. 61A Am. Jur. 2d Pollution Control § 293 et seq.

3 C.J.S. Agriculture § 95-100.

Liability of manufacturer or seller for injury caused by animal feed or medicines, crop sprays, fertilizers, insecticides, rodenticides, and similar products. 12 A.L.R.4th 462, 29 A.L.R.4th 1045.

Agriculture 1, 8, 9.

43-8-102. Part definitions.

As used in this part and part 2 of this chapter, unless the context otherwise requires:

  1. “Active ingredient” means:
    1. In the case of a pesticide other than a plant regulator, defoliant or desiccant, an ingredient that will prevent, destroy, repel or mitigate;
    2. In the case of a plant regulator, an ingredient that, through physiological action, will accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of plant growth;
    3. In the case of a defoliant, an ingredient that will cause the leaves or foliage to drop from a plant;
    4. In the case of a desiccant, an ingredient that will artificially accelerate the drying of plant tissue; and
    5. In the case of a spray adjuvant, any ingredient that will act as a functioning agent;
  2. “Adjuvant” means any substance that, when added to a pesticide, is intended to aid, modify or enhance its effectiveness by its properties of serving as a wetting agent, detergent, spreading agent, synergist, deposit builder, adhesive, surfactant, emulsifying agent, deflocculating agent, water modifier, or similar agent, with or without toxic properties of its own, and when sold in a package or container separate from that of the pesticide with which it is to be used;
  3. “Adulterated” means a condition wherein strength or purity of a pesticide falls below the professed standard of quality as expressed on labeling under which it is sold, or if any substance has been substituted wholly or in part for the pesticide, or if any valuable constituent thereof has been wholly or in part abstracted;
  4. “Antidote” means the most practical immediate treatment in case of poisoning and includes first aid treatment;
  5. “Commissioner” means the commissioner of agriculture;
  6. “Inert ingredient” means an ingredient that is not an active ingredient;
  7. “Ingredient statement” means a statement of the name and percentage of each active ingredient, together with the total percentage of all inert ingredients in the pesticide;
  8. “Label” means the written, printed or graphic matter on or attached to a pesticide, or the immediate container thereof and the outside container or wrapper of the retail package, if any there be, of the pesticide;
  9. “Labeling” means all labels and other written, printed or graphic matter:
    1. Upon the pesticide or any of its containers or wrappers;
    2. Accompanying the pesticide at any time; or
    3. To which reference is made on the label or literature accompanying the pesticide, except when accurate, non-misleading reference is made to current official publications of the state experiment station, the state institute of agriculture, the Tennessee department of agriculture, the department of environment and conservation, or similar federal institutions or other official agencies of this state or other states when such agencies are authorized by law to conduct research in the field of pesticides;
  10. “Misbranded” means a condition as to a pesticide, wherein:
    1. Its labeling bears any statement, design or graphic representation relative to the pesticide, or to its ingredients, that is false or misleading in any particular;
    2. It is an imitation of or is offered for sale under the name of another pesticide;
    3. Advertisement by any means is misleading in any particular;
    4. The labeling accompanying the pesticide does not contain directions for use that are necessary and when complied with would be adequate to protect health and the environment;
    5. The label does not bear an ingredient statement that is displayed on the outside of the immediate container and cannot be easily read as the container is presented or displayed under customary conditions of purchase;
    6. Any word, statement or other information required by or under authority of this part and part 2 of this chapter to appear on the label or labeling is not as prominently displayed as other material on the label or labeling;
    7. When used as directed or in accordance with commonly recognized practice, it is injurious to humans or other vertebrate animals or vegetation, except weeds, to which it is applied, or to the person applying the pesticide;
    8. The label does not contain a warning or caution statement that may be necessary and if complied with is adequate to protect health and the environment;
    9. The label does not bear the registration number assigned in connection with its registration;
    10. The labeling does not contain a statement of the use classification under which the product is registered; or
    11. In the case of a plant regulator, defoliant, or desiccant when used as directed, it is injurious to health and the environment; provided, that physical or physiological effects on plants or parts thereof shall not be deemed to be injurious when this is the purpose for which the plant regulator, defoliant, or desiccant was applied, in accordance with label claims and recommendations;
  11. “Person” means any individual, partnership, association, corporation or organized group of persons whether incorporated or not;
  12. “Pesticide” means any substance or mixture of substances or chemical intended for defoliating or desiccating plants or for preventing, destroying, repelling, or mitigating any insects, rodents, fungi, bacteria, weeds or other forms of plant or animal life the commissioner shall declare to be a pest. This includes, but is not limited to, insecticides, fungicides, bactericides, herbicides, desiccants, defoliants, plant regulators, adjuvants or nematocides;
  13. “Registrant” means the person registering any pesticide pursuant to this part and part 2 of this chapter; and
  14. “Use in a manner inconsistent with labeling” as to a pesticide means any use of a registered pesticide in a manner not permitted by its labeling, except that “use in a manner inconsistent with labeling” does not include:
    1. Applying a pesticide at any dosage, concentration, or frequency less than that specified on the labeling;
    2. Applying a pesticide against any target pest not specified on the labeling if the application is to the crop, animal, or site specified on the labeling, unless federal requirements demand that the labeling specifically state that the pesticide may be used only for the pests specified on the labeling;
    3. Employing any method of application not prohibited by the labeling;
    4. Mixing a pesticide or pesticides with a fertilizer when such mixture is not prohibited on the labeling; or
    5. Any other use otherwise inconsistent but specifically permitted under federal law.

Acts 1951, ch. 150, § 2 (Williams, § 6808.8); 1961, ch. 12, § 1; 1977, ch. 65, § 1; T.C.A. (orig. ed.), § 43-702; Acts 1980, ch. 539, § 2; 1992, ch. 693, § 1; 1996, ch. 805, §§ 1-3.

Cross-References. Agricultural production inputs, title 43, ch. 31.

43-8-103. Pesticides — Prohibitions as to sale or transportation.

  1. It is unlawful for any person to distribute, sell, or offer for sale within the state of Tennessee, or deliver for transportation or transport in intrastate commerce or between points within this state through any point outside this state any of the following:
    1. Any pesticide that is not registered pursuant to § 43-8-104, or any pesticide where claims or directions for use differ in substance from the representations made in connection with its registration or if the composition of the pesticide differs from its composition as represented in connection with its registration;
    2. Any pesticide, unless it is in the registrant's or the manufacturer's unbroken immediate container, and there is affixed to such container, and to any outside container or wrapper of the retail package where required information on the immediate container cannot be clearly read, a label bearing:
      1. The name and address of the manufacturer, registrant or person for whom manufactured;
      2. The name, brand or trademarks under which the article is sold; and
      3. The net weight or measure of the contents subject, however, to such reasonable variations as the commissioner may permit;
    3. Any pesticide that contains any substance or substances in quantities highly toxic to humans, determined as provided in § 43-8-106, unless the label bears, in addition to any other matter required by this part and part 2 of this chapter:
      1. The skull and crossbones;
      2. The word “poison” prominently, in red on a background of distinctly contrasting color; and
      3. A statement of an antidote for the pesticide; or
    4. Any pesticide that is adulterated or misbranded.
  2. A violation of this section is a Class A misdemeanor.

Acts 1951, ch. 150, § 3 (Williams, § 6808.9); 1975, ch. 239, § 1; T.C.A. (orig. ed.), § 43-703; Acts 1980, ch. 539, § 3; 1989, ch. 591, § 113; 2004, ch. 464, § 1.

Cross-References. Penalty for Class A misdemeanor, § 40-35-111.

43-8-104. Registration of products — Annual renewal — Labeling — Statement filed by registrant — Registration of brand or grade — License to sell registered brands — Refusal or cancellation of registration.

  1. Every pesticide that is distributed, sold or offered for sale within this state or transported within this state shall be registered with the commissioner, except as provided below. The commissioner may register and permit the sale of any pesticide that has been duly registered under the federal Insecticide, Fungicide and Rodenticide Act, but products so registered shall be subject to the registration fees provided for herein, and to all other provisions of this part and part 2 of this chapter. All pesticide products shall be registered annually and their registration shall expire on June 30, following the date of issuance.
  2. Products having the same formula and manufactured by the same person or firm, where the labeling contains the same claims, and the labels bear a designation identifying the products as the same pesticide, may be registered as a single pesticide, with additional names and labels added by a supplemental statement during the registration term. Within the discretion of the commissioner or the commissioner's authorized representative, a change in the labeling or formulas of a pesticide may be made within the registration term without requiring a reregistration of the product; provided, that the name of the item is not changed, and that no change is made that lowers the efficacy of the product.
  3. The registrant shall file with the commissioner a statement including:
    1. The name and address of the registrant and the name and address of the person whose name will appear on the label, if other than the registrant;
    2. The name of the pesticide;
    3. A complete copy of the labeling accompanying the pesticide and a statement of all claims made and to be made for it including directions for use; and
    4. In the case of adjuvants, surfactants, emulsifiers, wetting agents, and other materials included as adjuvants that have nonionic surfactants as the principal agent, the ingredient statement on the label must show the percentage of the active adjuvant at least by the generic chemical name and, further, that the specific chemical name identifying the hydrophobic and hydrophilic portions of the molecule and the ratio of the same must be given on a data sheet that shall accompany the label when application for registration is made, the latter being necessary in order that the chemical content may be determined by the department of agriculture, division of technical services, for regulatory purposes. In the case of products having cationic and anionic surfactants as the principal agent, the chemical names of those materials must be used in the ingredient statement on the label together with the percentage contents of the principal surfactants. In the case of products not involving hydrophobic and hydrophilic portions of the molecule such as in the case of most synergists and other nonsurfactant adjuvants, the chemical name of the material must be used in the ingredient statement on the label.
  4. If it does not appear to the commissioner that the article is such as to warrant the proposed claims for it or if the article and its labeling and other material required to be submitted do not comply with this part and part 2 of this chapter, the commissioner shall notify the registrant of the manner in which the article, labeling, or other material required to be submitted fail to comply with this part and part 2 of this chapter so as to afford the registrant an opportunity to make the necessary corrections.
  5. The commissioner may refuse to register or may revoke or suspend any or all registrations where the registrant is found to have violated any provision of this part and part 2 of this chapter, including rules promulgated under authority of this part and part 2 of this chapter. Any such proceedings shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
  6. Registration shall not be required of a pesticide that is merely shipped from one plant or warehouse in this state to another for use as a constituent in a registered pesticide. Neither shall registration be required of a pesticide distributed under an experimental use permit issued by the federal environmental protection agency.
  7. Registration shall be maintained for one (1) year after the effective date upon which a registrant ceases to distribute a pesticide within this state, unless the registrant can offer reasonable proof that no quantities of the pesticide remain commercially available.
  8. Pesticide product registration fees shall be set by rule pursuant to § 43-1-703.

Acts 1951, ch. 150, § 5 (Williams, § 6808.11); 1961, ch. 12, § 2; 1975, ch. 239, § 2; T.C.A. (orig. ed.), § 43-706; Acts 1980, ch. 539, § 6; 1985, ch. 195, § 1; 1994, ch. 960, § 7; 1996, ch. 805, § 4; T.C.A. § 43-8-106; 2015, ch. 485, § 6.

Compiler's Notes. Former § 43-8-104, concerning the defacing or destroying label, refusing information, false guaranty, revelation of formula, noncooperation with officials prohibited, was transferred to § 43-8-105 in 2000.

The federal Insecticide, Fungicide and Rodenticide Act referred to in this section is compiled in 7 U.S.C. § 136 et seq.

Amendments. The 2015 amendment added (h).

Effective Dates. Acts 2015, ch. 485, § 41. July 1, 2015; May 20, 2015, for the purpose of promulgating rules.

Cross-References. Inspection fees, § 43-1-703.

43-8-105. Defacing or destroying label, refusing information, false guaranty, revelation of formula, noncooperation with officials prohibited.

It is unlawful:

  1. For any person to detach, alter, deface, or destroy, in whole or in part, any label or labeling provided for in this part and part 2 of this chapter or the rules and regulations promulgated hereunder, or to add any substance to, or take any substance from, a pesticide in a manner that may defeat the purposes of this part and part 2 of this chapter;
  2. For any manufacturer, distributor, dealer, carrier, or other person to refuse, upon written request specifying the nature or kind of pesticide to which such request relates, to furnish to or permit any person designated by the commissioner to have access to and to copy such records of business transactions as may be essential in carrying out the purposes of this part and part 2 of this chapter;
  3. For any person to give a guaranty or undertaking provided for in § 43-8-108 that is false in any particular, except that a person who receives and relies upon a guaranty authorized under § 43-8-108 may give a guaranty to the same effect, which guaranty shall contain, in addition to such person's own name and address, the name and address of the person residing in the United States from whom such person received the guaranty or undertaking;
  4. For any person to use for the person's own advantage or to reveal, other than to the commissioner, or officials or employees of the state of Tennessee, or officials or employees of the United States department of agriculture, or other federal agencies, or to the courts in response to a subpoena, or to physicians, and in emergencies to pharmacists and other qualified persons, for use in the preparation of antidotes, in accordance with such directions as the commissioner may prescribe, any information relative to formulas of products acquired by authority of § 43-8-104;
  5. For any person to oppose or interfere in any way with the commissioner or the commissioner's duly authorized agents in carrying out the duties imposed by this part and part 2 of this chapter;
  6. For any person to handle, transport, store, display or distribute pesticides in such a manner as to endanger health and the environment or to endanger food, feed, or other products that may be transported, stored, displayed or distributed with such pesticides; or
  7. For any person to dispose of, discard or store any pesticide or pesticide containers in such a manner as to cause injury to humans, vegetation, crops, livestock, wildlife, beneficial insects or to pollute any water supply or waterways.

Acts 1951, ch. 150, § 3 (Williams, § 6808.9); T.C.A. (orig. ed.), § 43-704; Acts 1980, ch. 539, § 4; T.C.A. § 43-8-104.

Compiler's Notes. Former § 43-8-105, relating to injunction obtained to restrain violations, was transferred to § 43-8-109 in 2000.

43-8-106. Powers of commissioner.

  1. The commissioner is authorized, after opportunity for a hearing, to:
    1. Declare any form of plant or animal life or virus that is injurious to plants, humans, domestic animals, articles or substances to be a pest;
    2. Determine whether pesticides are highly toxic to humans; and
    3. Determine standards of coloring or discoloring for pesticides.
  2. The commissioner is further authorized to:
    1. Collect and undertake laboratory analysis of pesticides to determine their compliance with the requirements of this part and part 2 of this chapter; and the commissioner has the authority at all reasonable hours to enter into any car, warehouse, store, building, boat vessel or other place where pesticides are held for distribution or sale for the purpose of inspection or sampling, to procure samples for analysis or examination from any lot, package or parcel containing a pesticide;
    2. Publish from time to time information concerning the production, sale and use of any pesticide and make reports of the results of any analysis based on official samples of pesticides sold within the state;
    3. Classify pesticides for general use and/or restricted use, as well as those prohibited from use by regulation; provided, that the regulations shall be consistent with the requirements of the federal Insecticide, Fungicide and Rodenticide Act and regulations as administered by the environmental protection agency; and
    4. Review periodically the records of sales of restricted use pesticides by licensed dealers.
  3. The commissioner is authorized to promulgate such reasonable regulations relating to the sale and distribution of pesticides as the commissioner may find necessary to carry out the full intent and meaning of this part and part 2 of this chapter.
  4. The commissioner is authorized and empowered to cooperate with, and enter into agreements with, any other agency of this state, another state, or the federal government for the purpose of carrying out this part and part 2 of this chapter.

Acts 1951, ch. 150, § 6 (Williams, § 6808.12); 1975, ch. 239, § 3; T.C.A. (orig. ed.), § 43-707; Acts 1980, ch. 539, § 7; 1988, ch. 878, § 4; T.C.A. § 43-8-107.

Compiler's Notes. Former § 43-8-106, relating to registration of products, was transferred to § 43-8-104 in 2000.

The federal Insecticide, Fungicide and Rodenticide Act referred to in this section is compiled in 7 U.S.C. § 136 et seq.

Cross-References. Records of restricted use pesticides, § 43-8-206.

43-8-107. Notice given of violations — Hearing — Prosecution upon certification of facts.

  1. If it appears from the examination or evidence that this part and part 2 of this chapter or the rules and regulations issued under this part or part 2 of this chapter have been violated, the commissioner may cause notice of the violations to be given to the registrant, distributor, and possessor from whom the sample or evidence was taken. Any party so notified shall be given an opportunity to be heard under such rules and regulations as may be prescribed by the commissioner. If it appears after such hearing that there has been a sufficient number of violations of this part and part 2 of this chapter or the rules and regulations issued under this part and part 2 of this chapter, the commissioner may certify the facts to the district attorney general or the county attorney or the city attorney for the county or municipality in which the violation shall have occurred, and furnish that officer with a copy of the results of the examination of such sample duly authenticated by the state chemist or other officer making the examination. It shall be the duty of every such attorney to whom the commissioner shall report any violation of this part and part 2 of this chapter to cause proceedings to be prosecuted without delay for the fines and penalties in such cases. Any person convicted of violating any provision of this part and part 2 of this chapter or the rules and regulations issued thereunder commits a Class A misdemeanor.
  2. Nothing in this section shall be construed as requiring the commissioner to report for the institution of proceedings under this part and part 2 of this chapter, minor violations of this part and part 2 of this chapter, whenever the commissioner believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning.

Acts 1951, ch. 150, § 7 (Williams, § 6808.13); T.C.A. (orig. ed.), § 43-708; Acts 1989, ch. 591, § 113; T.C.A. § 43-8-108; Acts 2004, ch. 464, § 2.

Compiler's Notes. Former § 43-8-107, concerning the powers of the commissioner, was transferred to § 43-8-106 in 2000.

Cross-References. Penalty for Class A misdemeanor, § 40-35-111.

Law Reviews.

The Tennessee Court Systems — Prosecution, 8 Mem. St. U.L. Rev. 477.

43-8-108. Exemptions from penalties.

  1. The penalties provided for violations of § 43-8-103 do not apply to:
    1. Any carrier, while lawfully engaged in transporting a pesticide within this state, if the carrier shall, upon request, permit the commissioner or the commissioner's designated agent to copy all records showing the transactions in and movements of the articles;
    2. Public officials of this state and the federal government engaged in the performance of their official duties;
    3. The manufacturer or shipper of a pesticide for experimental use only:
      1. By or under the supervision of an agency of this state or of the federal government authorized by law to conduct research in the field of pesticides; or
      2. By others if the pesticide is not sold and if the container thereof is plainly and conspicuously marked “for experimental use only — not to be sold,” together with the manufacturer's name and address; provided, that if a written permit has been obtained from the commissioner, pesticides may be sold for experimental purposes subject to such restrictions and conditions as may be set forth in the permit; or
    4. Any person who establishes a guaranty signed by, and containing the name and address of, the registrant or person residing in the United States from whom such person purchased and received in good faith the article in the same unbroken package, to the effect that the article was lawfully registered at the time of sale and delivery to such person, and that it complies with the other requirements of this part and part 2 of this chapter, designating this part and part 2 of this chapter. In such case the guarantor shall be subject to the penalties that would otherwise attach to the person holding the guaranty under this part and part 2 of this chapter.
  2. This part and part 2 of this chapter shall not apply to any preparation, drug, or chemical intended to be used or sold solely for medicinal use or for toilet purposes.

Acts 1951, ch. 150, § 8 (Williams, § 6808.14); T.C.A. (orig. ed.), § 43-709; Acts 1980, ch. 539, § 9; T.C.A., § 43-8-109.

Compiler's Notes. Former § 43-8-108, concerning notice given of violations, hearing and prosecution upon certification of facts, was transferred to § 43-8-107 in 2000.

Law Reviews.

Report on Administrative Law to the Tennessee Law Revision Commission, 20 Vand. L. Rev. 777.

43-8-109. Injunction obtained to restrain violations.

In addition to other remedies provided in this part, the commissioner may apply to any court having chancery jurisdiction in the county where a violation occurs, for a temporary or permanent injunction restraining any person from violating any provision of this part and part 2 of this chapter or regulations promulgated pursuant to this part and part 2 of this chapter, irrespective of whether there exists an adequate remedy at law.

Acts 1951, ch. 150, § 4 (Williams, § 6808.10); T.C.A. (orig. ed.), § 43-705; Acts 1980, ch. 539, § 8; T.C.A. § 43-8-105.

Compiler's Notes. Former § 43-8-109, relating to exemptions from penalties, was transferred to § 43-8-108 in 2000.

43-8-110. “Stop sale, use, or removal” orders — Issuance and enforcement.

It is the duty of the commissioner to issue and enforce a written or printed “stop sale, use, or removal” order to the owner or custodian of any lot of pesticide and to hold at a designated place when the commissioner finds the pesticide is being offered or exposed for sale in violation of any of the provisions of this chapter, until the law has been complied with and the pesticide is released in writing by the commissioner or the violation has been otherwise legally disposed of by written authority; provided, that the owner or custodian of the pesticide shall have the right to appeal from such order to a court of competent jurisdiction in the county or city where the pesticides are found, praying for a judgment as to the justification of the order, and for the discharge of the pesticide from the order prohibiting the sale in accordance with the findings of the court; and provided further, that this section shall not be construed as limiting the right of the enforcement officer to proceed as authorized by other provisions of this part and part 2 of this chapter. The commissioner shall release the pesticide so withdrawn when the requirements of this part and part 2 of this chapter have been complied with and upon payment of all costs and expenses incurred in connection with the withdrawal.

Acts 1951, ch. 150, § 9 (Williams, § 6808.15); T.C.A. (orig. ed.), § 43-710; Acts 1980, ch. 539, § 10.

43-8-111. Seizure, condemnation and sale of pesticide for noncompliance with provisions of law.

  1. Any lot of pesticide not in compliance with this part and part 2 of this chapter shall be subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the area in which the pesticide is located. In the event the court finds the pesticide to be in violation of this part and part 2 of this chapter and orders the condemnation of the pesticide, it shall be disposed of in any manner consistent with the quality of the pesticide and the laws of the state; provided, that in no instance shall the disposition of the pesticide be ordered by the court without first giving the claimant an opportunity to apply to the court for the release of the pesticide or for permission to process or relabel the product to bring it into compliance with this part and part 2 of this chapter.
  2. When a decree of condemnation is entered against a pesticide, court costs and fees, storage, and other proper expenses shall be awarded against the person, if any, intervening as claimant of the pesticide.

Acts 1951, ch. 150, § 10 (Williams, § 6808.16); T.C.A. (orig. ed.), § 43-711; Acts 1980, ch. 539, § 10.

43-8-112. Authority vested in commissioner delegable to department of agriculture employees.

All authority vested in the commissioner by virtue of this part and part 2 of this chapter may with like force and effect be executed by such employees of the department of agriculture as the commissioner may from time to time designate for such purpose.

Acts 1951, ch. 150, § 11 (Williams, § 6808.17); T.C.A. (orig. ed.), § 43-712.

43-8-113. Establishment of fees.

  1. Commercial pesticide applicator certification fee shall be set by rule pursuant to § 43-1-703.
  2. Private pesticide applicator certification fee shall be set by rule pursuant to § 43-1-703.
  3. Solicitor/technician card fee shall be set by rule pursuant to § 43-1-703.
  4. Special local need (24-C) fee shall be set by rule pursuant to § 43-1-703.

Acts 1951, ch. 150, § 12 (Williams, § 6808.18); T.C.A. (orig. ed.), § 43-713; 2015, ch. 485, § 7.

Amendments. The 2015 amendment rewrote the section, which read: “All funds collected under this part and part 2 of this chapter shall be paid into the state treasury, and the same are appropriated exclusively to the department of agriculture, to be used solely and separately in carrying out this part and part 2 of this chapter.”

Effective Dates. Acts 2015, ch. 485, § 41. July 1, 2015; May 20, 2015, for the purpose of promulgating rules.

43-8-114. Local regulation of pesticides.

  1. Except as provided in § 43-8-115 or § 62-21-118(b), no city, town, county or other political subdivision of this state shall adopt or continue in effect any ordinance, rule, regulation or statute regarding pesticide sale or use, including, but not limited to, registration, notification of use, advertising and marketing, distribution, applicator training and certification, storage, transportation, disposal, disclosure of confidential information or product composition.
  2. No provision of this section shall be construed to limit the authority of a city, town or county to zone for storage of such products or to provide or designate sites for disposal of such products, to regulate discharge to a sanitary sewer system or to implement an approved pesticide management plan as may be required by the Safe Drinking Water Act.
  3. This section does not apply to any municipality having a population of not less than sixteen thousand five hundred (16,500) nor more than seventeen thousand five hundred (17,500), according to the 1990 federal census or any subsequent federal census.

Acts 1992, ch. 667, §§ 2, 5.

Compiler's Notes. The Safe Drinking Water Act, referred to in this section, is generally codified in 42 U.S.C. § 300f et seq.

For table of populations of Tennessee municipalities, see Volume 13 and its supplement.

Cross-References. Confidentiality of public records, § 10-7-504.

43-8-115. Agreements with certain municipal or county governments to implement the enforcement provisions of this chapter.

  1. Notwithstanding this section, § 43-8-114, § 62-21-118(b), § 62-21-129 or any other law to the contrary, the commissioner shall enter into an agreement with any municipal and/or county government, within any county having a population in excess of two hundred fifty thousand (250,000), according to the 1990 federal census or any subsequent federal census, that requests authority to implement the enforcement provisions of this chapter, its equivalent or any part thereof, in its respective area of jurisdiction; provided, that each of the following conditions are met:
    1. The local government program standards are not less stringent than those of state law and regulations;
    2. The local government will adequately implement and enforce the program in the respective area of jurisdiction; and
    3. Upon execution of the agreement, the local government will be the sole entity responsible for implementation and enforcement of the local government program standards adopted.
  2. As used in subsection (a), “respective area of jurisdiction” means:
    1. In the case of a municipal government that enters into an agreement pursuant to subsection (a), the area lying within the corporate boundaries of the municipality; and
    2. In the case of a county government that enters into an agreement pursuant to subsection (a), the area lying within the boundaries of the county excluding that portion located within the corporate boundaries of a municipal government that has entered, or that subsequently enters, into an agreement pursuant to subsection (a).
  3. The commissioner shall retain the right to exercise oversight and evaluation of performance of local government and may terminate the agreement if, after an administrative hearing pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, it is found that the local program does not meet the state standards.
  4. Local governments that enter into an agreement pursuant to subsection (a) have the authority through their local legislative bodies to enact fees to provide for the administrative, regulatory and enforcement costs of the program.

Acts 1992, ch. 667, § 4.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

43-8-116. Offense of use of pesticide in manner that causes harm.

  1. It is an offense for any person to knowingly use a pesticide in a manner inconsistent with its labeling so as to cause harm to persons, animals, property or the environment.
  2. A violation of this section is a Class A misdemeanor punishable by fine or a term of imprisonment not to exceed thirty (30) days, or both.
  3. This section shall be construed to be supplemental to § 43-8-306.

Acts 2007, ch. 395, § 1.

Effective Dates. Acts 2007, ch. 395, § 2. June 11, 2007.

Cross-References. Penalty for Class A misdemeanor, § 40-35-111.

Part 2
Pesticide Dealers

43-8-201. Pesticide dealers — License required.

  1. No person shall sell or offer for sale within this state pesticides classified by the commissioner as being for restricted use, unless such person is the holder of a valid pesticide dealer license. A separate license shall be obtained for each location or outlet from which business is conducted.
  2. No person shall sell or offer for sale within this state any pesticide classified by the commissioner as being for restricted use unless the person to whom the sale is made holds a valid certificate or license issued by the department of agriculture, as required by § 62-21-115. The pesticide dealer shall require that each purchaser show evidence of such certificate or license prior to finalizing the sale.
  3. Pesticide dealer license fee shall be set by rule pursuant to § 43-1-703.

Acts 1975, ch. 239, § 2; T.C.A., § 43-706; Acts 1980, ch. 539, § 5; 2004, ch. 464, § 3; 2015, ch. 485, § 5.

Amendments. The 2015 amendment added (c).

Effective Dates. Acts 2015, ch. 485, § 41. July 1, 2015; May 20, 2015, for the purpose of promulgating rules.

Cross-References. Distribution of adulterated fertilizer products, § 43-11-124.

Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 135 et seq.

Hazardous chemical right to know law, title 50, ch. 3, part 20.

Hazardous substances, title 68, ch. 131.

Hazardous waste management, title 68, ch. 212.

Pest control operators, regulation and licensing, title 62, ch. 21.

43-8-202. [Repealed.]

Compiler's Notes. Former § 43-8-202 (Acts 1975, ch. 239, § 2; T.C.A., § 43-706; Acts 1980, ch. 539, § 5), concerning applications for licenses, fees and renewals, was repealed by Acts 1994, ch. 960, § 8.

43-8-203. Qualifications for pesticide dealer license.

Each applicant for an original license must demonstrate, upon written, or written and oral, examination to be prescribed by the commissioner, the applicant's knowledge of pesticides, their usefulness and their hazards, the applicant's competence as a pesticide dealer and the applicant's knowledge of the laws and regulations governing the use and sale of pesticides.

Acts 1975, ch. 239, § 2; T.C.A., § 43-706; Acts 1980, ch. 539, § 5.

43-8-204. [Repealed.]

Compiler's Notes. Former § 43-8-204 (Acts 1975, chapter 239, § 2; T.C.A., § 43-706), concerning the regulations promulgated by the commissioner, was repealed by Acts 1980, ch. 539, §§ 5, 6.

43-8-205. Pesticide dealer's employees — List of names furnished to commissioner — Dealer's responsibility for employees' actions.

  1. Every licensed pesticide dealer shall submit to the commissioner with each application for an original or renewal license, and at such other times as the commissioner may prescribe, the names of all persons employed by the pesticide dealer who sell or solicit the sale of restricted use pesticides.
  2. Each pesticide dealer shall be responsible for the action of every person who acts as the dealer's employee or agent in the solicitation or sale of pesticides, and in all claims and recommendations for use or application of pesticides; however, it is not the intent of this section to license a pesticide applicator who sells pesticides as an integral part of such applicator's services when such applicator has complied with existing applicators' laws.

Acts 1975, ch. 239, § 2; T.C.A., § 43-706; Acts 1980, ch. 539, § 5.

43-8-206. Records of restricted use pesticides.

  1. Every licensed pesticide dealer shall maintain records necessary to identify all purchasers of restricted use pesticides.
  2. Each pesticide dealer's records shall include the name of the purchaser, the purchaser's certification number, and the name and the amount of the pesticide purchased.

Acts 1988, ch. 878, § 3.

Part 3
Aerial Application of Pesticides

43-8-301. Part definitions.

As used in this part, unless the context otherwise requires:

  1. “Adjuvant” means any substance that, when added to a pesticide, is intended to aid, modify or enhance its effectiveness by its properties of serving as a wetting agent, detergent, spreading agent, synergist, deposit builder, adhesive, surfactant, emulsifying agent, deflocculating agent, water modifier, or similar agent, with or without toxic properties of its own, and when sold in a package or container separate from that of the pesticide with which it is to be used;
  2. “Aircraft” means any contrivance known or hereafter invented that is used or designed for navigation of or flight in the air over land or water and is designed or adaptable for use in applying pesticides in any form;
  3. “Commercial aerial applicator” means any person who engages in the application of pesticides by aircraft;
  4. “Commissioner” means the commissioner of agriculture, or the commissioner's authorized agent;
  5. “Custom application of pesticides” means any application of pesticides for hire;
  6. “Department” means the department of agriculture;
  7. “Licensee” means any person duly licensed under this part;
  8. “Person” means any individual, partnership, firm, corporation, company, trust, association, or other legal entity;
  9. “Pesticide” means any substance or mixture of substances, or chemical intended for defoliating or desiccating plants, or for preventing, destroying, repelling, or mitigating any insects, rodents, fungi, bacteria, weeds, or other form of plant or animal life the commissioner declares to be a pest. This includes, but is not limited to, insecticide, fungicide, bactericide, herbicide, desiccant, defoliant, adjuvant or nematocide;
  10. “Pilot” means any person flying an aircraft; and
  11. “Restricted use pesticide” means a pesticide that the commissioner has so designated by regulation under the Tennessee Insecticide, Fungicide and Rodenticide Act, compiled in parts 1 and 2 of this chapter.

Acts 1973, ch. 90, § 1; 1974, ch. 431, § 1; 1975, ch. 209, § 1; T.C.A., §§ 43-2901, 43-9-101; Acts 1996, ch. 805, §§ 5, 6.

Cross-References. Agricultural production inputs, title 43, ch. 31.

Distribution of adulterated fertilizer products, § 43-11-124.

Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. § 135 et seq.

Hazardous chemical right to know law, title 50, ch. 3, part 20.

Hazardous substances, title 68, ch. 131.

Hazardous waste management, title 68, ch. 212.

Insecticides, fungicides and rodenticides, title 43, ch. 8, parts 1 and 2.

Pest control compact, title 43, ch. 6, part 3.

Pest control operators, title 62, ch. 21.

Plant Pest Act, title 43, ch. 6, part 1.

43-8-302. Powers and duties of commissioner.

The commissioner has and shall exercise the following powers and duties:

  1. Promulgate rules and regulations that the commissioner determines are necessary to implement and supplement this part and provide for its orderly administration;
  2. Prescribe qualifications for applicants for licenses to engage in the custom application of pesticides and render such tests as are necessary to determine whether the applicant meets the qualifications;
  3. Obtain the advice of members of the commercial aerial applicators industry before issuing rules, regulations, or qualifications for applicants for licenses;
  4. Issue licenses to qualified applicants and collect the appropriate fees;
  5. Hold hearings to determine whether or not any violation of this part or rules and regulations issued pursuant thereto has taken place, and transmit any information or material to the local district attorney general for prosecution if the commissioner determines that a violation has occurred;
  6. Suspend or revoke any permit following a hearing as provided for in § 43-8-305;
  7. Declare states of emergency and issue temporary permits as provided for in § 43-8-309;
  8. Require that licensees maintain records and submit reports as necessary to show the nature and extent of their operation and any other information necessary to carry out the provisions and intent of this part;
  9. Impose such limitations on the licenses granted to pilots, particularly with respect to compliance with the Tennessee Insecticide, Fungicide and Rodenticide Act, compiled as parts 1 and 2 of this chapter, as the commissioner may find necessary after determination of the applicant's qualifications;
  10. Promulgate rules and regulations as required by the environmental protection agency;
  11. Inspect periodically the operation and conduct of licensees; and
  12. Implement an online reporting system for aerial applicators of pesticides to make the reports required by § 43-8-312. The commissioner may disclose information that is reported under § 43-8-312 to local law enforcement agencies.

Acts 1973, ch. 90, § 2; 1975, ch. 209, § 2; 1977, ch. 210, § 1; T.C.A., §§ 43-2902, 43-9-102; Acts 1988, ch. 878, § 5; 2018, ch. 798, § 1.

Compiler's Notes. Acts 2018, ch. 798, § 3 provided that the act shall take effect April 20, 2018, for purposes of implementing the online reporting system required by section 1 of the act, which amended this section.

Amendments. The 2018 amendment added (12).

Effective Dates. Acts 2018, ch. 798, § 3. July 1, 2018; provided that for purposes of implementing the online reporting system required by section 1 of the act, the act took effect on April 20, 2018.

43-8-303. [Repealed.]

Compiler's Notes. Former § 43-8-303 (Acts 1973, ch. 90, § 3; 1974, ch. 431, § 1; 1977, ch. 210, § 2; T.C.A., §§ 43-2903, 43-9-103; Acts 1991, ch. 441, § 7) concerning commercial aerial applicator licenses and fees therefor, was repealed by Acts 1994, ch. 960, § 9. For new law, see ch. 1, part 7 of this title.

43-8-304. Licensing requirements — Insurance.

  1. Each licensee-pilot must hold a valid federal aviation administration agranaut license and prove the licensee's proficiency to the commissioner. These requirements can be supplemented by rule or regulation issued by the commissioner.
  2. An acceptable liability insurance policy in the amount of one hundred thousand dollars ($100,000) shall be in effect, and proof of insurance shall accompany each application for license for an aircraft.
  3. The aircraft licenses shall be prominently displayed on each aircraft and each pilot must carry the license any time the pilot is working as a pilot engaged in custom application of pesticides.
  4. Any person applying for a license as a commercial aerial applicator shall have first obtained a certification in the category of pesticides that they intend to apply, as provided in the Tennessee Application of Pesticides Act of 1978, compiled in title 62, chapter 21, or provide sufficient evidence of an equivalent certification from a state with which the state of Tennessee has a current and official reciprocal agreement.
  5. Any person applying for a license as a commercial aerial applicator shall take an examination administered by the department of agriculture as directed by the commissioner in order to determine if the applicant has the knowledge and technical qualifications necessary for the issuance of a license.
  6. Aerial applicators holding a current license under Tennessee law may renew the license without examination, but the renewed license shall be subject to whatever restrictions or limitations as are indicated by the license pursuant to § 43-8-302(9).
  7. Aerial applicator license fee shall be set by rule pursuant to § 43-1-703.
  8. Aerial decal fees shall be set by rule pursuant to § 43-1-703.

Acts 1973, ch. 90, § 4; 1974, ch. 431, § 1; T.C.A., §§ 43-2904, 43-9-104; Acts 2003, ch. 120, § 1; 2015, ch. 485, § 8.

Amendments. The 2015 amendment added (g) and (h).

Effective Dates. Acts 2015, ch. 485, § 41. July 1, 2015; May 20, 2015, for the purpose of promulgating rules.

43-8-305. Notice and hearing on violations — Injunctions for violations — Commissioner's subpoena power — Penalties — Petition for review.

  1. In the event the commissioner has reason to believe a licensee has violated any of the provisions of this part, including the rules and regulations promulgated under this part, the licensee shall be notified and a hearing shall be conducted in accordance with the contested case provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3.
  2. The commissioner, on determining that any person may have violated any provision of this part, may petition for injunctive relief from further violation. The petition shall be addressed to the chancery court in the county in which the offense occurred. The court, on determining that probable cause of a violation of this part exists, shall issue appropriate injunctive relief.
  3. The commissioner has the power to subpoena any persons or records incident to the hearing and a charge of contumacy may be filed for those who refuse to comply.
  4. Upon a finding that a violation has occurred, the commissioner may:
    1. Issue a civil penalty not to exceed two thousand five hundred dollars ($2,500) per violation;
    2. Permanently revoke the license;
    3. Temporarily revoke the license;
    4. Suspend the license for a definite period of time; or
    5. Impose other conditions as are necessary for environmental or public safety.
  5. The action of the commissioner may be reviewed by filing a petition for review in the chancery court of Davidson County in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. The decision of the commissioner shall remain final until modified by the commissioner or by the courts.

Acts 1973, ch. 90, § 5; T.C.A., §§ 43-2905, 43-9-105; Acts 2006, ch. 626, § 2.

43-8-306. Violations — Penalties.

Operating as a commercial aerial applicator without a license, using or applying a pesticide in a manner that is not consistent with the label or label restrictions, or otherwise violating this part, including any rules or regulations, is a Class A misdemeanor.

Acts 1973, ch. 90, § 6; 1977, ch. 210, § 3; T.C.A., §§ 43-2906, 43-9-106; Acts 1989, ch. 591, § 113; 2003, ch. 120, § 3.

Cross-References. Penalty for Class A misdemeanor, § 40-35-111.

Cited: Horn v. State, 553 S.W.2d 736, 1977 Tenn. LEXIS 588 (Tenn. 1977).

43-8-307. Enjoining violations.

The commissioner, on determining that any person, firm, partnership, or corporation may have violated any provision of this part, may petition for injunctive relief from further violation. The petition shall be addressed to the chancery court in the county in which the offense occurred or in which the offender's principal place of business is located, or where the offender is doing business or resides. The chancellor, on determining that probable cause of a violation of this part exists, shall issue appropriate injunctive relief.

Acts 1973, ch. 90, § 7; T.C.A., §§ 43-2907, 43-9-107.

43-8-308. Exemption from law.

  1. This part does not apply to local, state, or federal government aerial operations nor where legitimate agricultural experiments are being conducted as recognized by the commissioner, nor shall this part apply where a landowner wishes to make an application of pesticides with the landowner's personally owned aircraft on the landowner's personally owned land.
  2. The exemptions enumerated in this section do not apply to any user of pesticides that have been designated for restricted use.

Acts 1973, ch. 90, § 8; 1975, ch. 209, § 3; T.C.A., §§ 43-2908, 43-9-108.

43-8-309. State of emergency — Temporary permits — Fee — Bond of nonresidents.

  1. The commissioner is authorized to declare a state of emergency if there is an epidemic or plague of such proportions to endanger public health and safety, or to threaten loss or severe damage to a crop. Under such conditions, the commissioner is authorized or empowered to permit additional commercial aerial applicators to operate within the state and shall issue temporary permits for the same. A fee of one hundred dollars ($100) shall accompany each application for a permit.
  2. All nonresident licensees or nonresident persons issued temporary permits shall file with the department an acceptable liability insurance policy in the amount of one hundred thousand dollars ($100,000) guaranteeing an answer for damages resulting from custom application of pesticides. In addition, every nonresident licensee is required to appoint a resident service agent.

Acts 1973, ch. 90, § 9; 1974, ch. 431, § 1; 1975, ch. 209, § 4; 1977, ch. 210, § 4; T.C.A., §§ 43-2909, 43-9-109.

43-8-310. Denial of licensing — Contesting denial.

The commissioner of agriculture may deny licensing to applicants not meeting the requirements for certification or licensing or for violations of the rules or statutes concerning the use, purchase or sale of pesticides; provided, however, that any person denied certification or licensure may contest the decision by requesting a hearing under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 2003, ch. 120, § 2.

43-8-311. Photographic identification.

Aerial applicators shall have in their possession a valid aerial applicators license, containing photographic identification, issued by the Tennessee department of agriculture, at all times when they are engaged in the aerial application of pesticides in the state of Tennessee.

Acts 2003, ch. 120, § 2.

43-8-312. Notification of application.

Prior to making an aerial application of a pesticide or no later than the day of the application, aerial applicators applying pesticides in this state shall report to the department the name of the landowner and the location of each intended pesticide application as well as the name or names of the pesticide or pesticides to be sprayed.

Acts 2003, ch. 120, § 2; 2018, ch. 798, § 2.

Amendments. The 2018 amendment rewrote the section which read: “Aerial applicators applying pesticides in the state of Tennessee shall notify the sheriff's office in the county in which an application is to be made. The notification shall be made prior to the pesticide application and no later than the day of the application. The aerial applicator shall report the name of the landowner and the location of each intended pesticide application as well as the name or names of the pesticide or pesticides to be sprayed.”

Effective Dates. Acts 2018, ch. 798, § 3. July 1, 2018.

Collateral References.

Validity, Construction, and Operation of State and Municipal Act or Regulation Requiring Notice of Pesticide and Herbicide Use. 18 A.L.R.6th 793.

43-8-313. Securing aircraft.

All aircraft licensed under this chapter shall be secured or otherwise rendered inoperable by means of a prop chain lock, gust lock, throttle restriction, or other measures acceptable to the commissioner of agriculture except when the aircraft is in use or under the direct control of an aerial applicator licensed under this chapter or under the direct responsibility of an airport operator.

Acts 2003, ch. 120, § 2.

43-8-314. Log Records — Product Label Directions.

  1. Aerial applicators shall maintain a log record for a period of thirty-six (36) months on each application. Such record shall be made available on demand to the commissioner for review and copies shall be provided to representatives of the department of agriculture upon request. Aerial applicators located outside the boundaries of the state of Tennessee shall submit a certified copy of any log record for any or all applications as required by the commissioner within forty-eight (48) hours at a time and location designated by the commissioner.
  2. The log record shall clearly set out the following information relative to each pesticide application:
    1. The pesticide used and its EPA registration number;
    2. The crop or plant to which the pesticide was applied;
    3. The dosage rate of the application;
    4. The approximate acreage to which the pesticide was applied;
    5. The location, description, and GPS coordinates of the area to which the pesticide is applied;
    6. The landowner, producer, or other person employing such aerial applicator's services;
    7. The date of pesticide application;
    8. The name and Tennessee license number of the aerial applicator; and
    9. The decal number of the aircraft used for the application.
  3. Aerial applicators shall apply all pesticides in a manner that is consistent with the label directions for that product. Aerial applicators must submit evidence to prove that label directions were followed and all restrictions were fully met when requested to do so by the commissioner.

Acts 2003, ch. 120, § 2.

43-8-315. Recovery by the department of costs of disciplinary hearings — Payment of penalties and costs — Failure to make payment.

  1. Notwithstanding any contrary provision of law, the department shall recover, in addition to civil penalties, the actual and reasonable costs of the hearing of any disciplinary action held in accordance with the contested case provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, in which sanctions of any kind are imposed on any person or entity required to be licensed, permitted, registered or otherwise authorized or regulated by the department or its respective divisions, boards, commissions or agencies. These costs shall include, but are not limited to, those incurred and assessed for the time of the prosecuting attorneys, expert witnesses, administrative judges, court reporters and any other persons involved in the prosecution and hearing of the action.
    1. All civil penalties and costs assessed pursuant to this part shall be paid within thirty (30) days after the date a final order is entered.
    2. If the individual or entity disciplined fails to pay the civil penalty or costs assessed within thirty (30) days after the date a final order is entered, the department is entitled, as a matter of law, to a judgment directing the person to pay the civil penalties and costs to the department. Jurisdiction for recovery of civil penalties and costs shall be in the chancery court of Davidson County.

Acts 2006, ch. 626, § 1.

Chapter 9
Commercial Aerial Application of Pesticides [Transferred]

43-9-101 — 43-9-109. [Transferred.]

Compiler's Notes. Former ch. 9, §§ 43-9-10143-9-109, concerning the commercial aerial application of pesticides, was transferred to ch. 8, part 3 of this title in 1987.

Chapter 10
Agricultural Seeds

Part 1
Seed Law of 1986

43-10-101. Short title.

This part shall be known and may be cited as the “Tennessee Seed Law of 1986.”

Acts 1986, ch. 660, § 2.

Compiler's Notes. Former part 1 (Acts 1972, ch. 517, §§ 1-14; T.C.A., §§ 43-921 — 43-933; Acts 1982, ch. 697, § 1; 1985, ch. 8, § 1), entitled the Tennessee Seed Law of 1972, was repealed by Acts 1986, ch. 660, § 1.

Cross-References. Agricultural production inputs, title 43, ch. 31.

Agriculture commodities promotion, title 43, ch. 29.

Distribution of adulterated fertilizer products, § 43-11-124.

Comparative Legislation. Seed Laws:

Ala.  Code § 2-26-1 et seq.

Ark.  Code § 2-18-101 et seq.

Ga. O.C.G.A. § 2-4-1 et seq.

Ky. Rev. Stat. Ann. § 250.020 et seq.

Miss.  Code Ann. § 69-3-1 et seq.

Mo. Rev. Stat. § 266.011 et seq.

N.C. Gen. Stat. § 106-277 et seq.

Va. Code § 3.1-262 et seq.

Collateral References. 3 Am. Jur. 2d Agriculture § 52 et seq.

3 C.J.S. Agriculture §§ 65-73.

Agriculture 1, 16.

Commerce 60(1).

43-10-102. Legislative purpose.

The purpose of this part is to regulate the labeling, possessing, offering, exposing, transporting or distributing for sale of agricultural seeds, vegetable seeds, and screenings; to prevent misrepresentations thereof; and for other purposes.

Acts 1986, ch. 660, § 3.

Cross-References. Seed certification, title 43, ch. 10, part 2.

43-10-103. Part definitions.

As used in this part, unless the context otherwise requires:

  1. “Advertisement” means all representations, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of this part;
  2. “Agricultural seeds” includes the seeds of grass, forage, cereal, and fiber crops and other kinds of seeds commonly recognized within this state as agricultural seeds, lawn seeds, and mixture of such seeds, and may include noxious-weed seeds when the commissioner determines that such seed is being used as agricultural seed;
  3. “Association of Official Seed Certifying Agencies (AOSCA)” is an organization that is incorporated and whose members are the certifying agencies;
  4. “Brand” means the name, term, design, or trademark under which any person offers seed for sale;
  5. “Certifying agency” means an agency authorized to officially certify seed under the laws of a state, territory, possession, or foreign country and that has certification standards for genetic purity and identity that meet those standards established by the Association of Official Seed Certifying Agencies and referenced in its official handbook;
  6. “Class of certified seed” means one (1) of four (4) classes of certified seeds:
    1. Breeder;
    2. Foundation;
    3. Registered; and
    4. Certified as determined under procedures established by the Association of Official Seed Certifying Agencies and referenced in its official handbook;
  7. “Commissioner” means the commissioner of agriculture or the commissioner's designated agent or agents;
  8. “Conditioning” means cleaning, scarifying, treating, or blending to obtain uniform quality, and other operations that would change the purity or germination of the seed and therefore require testing to determine the quality of the seed, but does not include operations such as packaging, labeling, blending together of uniform lots of the same kind or variety without cleaning, or the preparation of a mixture without cleaning, any of which would not require retesting to determine the quality of the seed;
  9. “Date of test” means the month and year the percentage of germination appearing on the label was obtained by laboratory test;
  10. “Germination” means the percentages by count of seeds under consideration, determined to be capable of producing normal seedlings in a given period of time and under normal conditions;
  11. “Grower's declaration” means a written declaration of a grower stating, for each lot of seed, the kind, variety or type, the lot number, place the seed was grown, quantity of seed, date shipped or delivered, to whom sold, shipped or delivered and the signature and address of the grower issuing the declaration;
  12. “Hard seeds” means seeds that, because of hardness or impermeability, do not absorb moisture and germinate under prescribed tests, but remain hard during the normal period for germination;
  13. “Hybrid” means the first-generation seed of a cross produced by controlling the pollination or by use of sterile lines and combining:
    1. Two (2) or more inbred lines;
    2. One (1) inbred or a single cross with an open-pollinated variety; or
    3. Two (2) varieties or species except open-pollinated varieties of corn. The second generation or subsequent generations from such crosses shall not be regarded as hybrids. For labeling purposes, recognized hybrid designations shall be treated as variety names;
  14. “In bulk” refers to loose seed in bins, or open containers, and not to seed in bags or packets;
  15. “Inbred line” means a relatively stable and pure breeding strain resulting from not less than four (4) successive generations of controlled self-pollination or four (4) successive generations of back-crossing in the case of male sterile lines;
  16. “Inert matter” means all matter not seeds, and includes broken seeds, sterile florets, chaff, fungus bodies, and stones, determined by methods prescribed by rules and regulations promulgated pursuant to this part;
  17. “Inoculant” means a commercial preparation containing nitrogen-fixing bacteria applied to seed;
  18. “Kind” means one (1) or more related species or subspecies that singly or collectively are known by one (1) common name; for example, corn, wheat, striate lespedeza, tall fescue, or cabbage;
  19. “Labeling” includes all labels and other written, printed or graphic representations in any form whatsoever, accompanying or pertaining to any seed whether in bulk or in containers, and includes representations of invoices;
  20. “Lot” means a definite quantity of seed identified by a lot number or other identification, which shall be uniform within recognized tolerances for the factors that appear in the labeling;
  21. “Mixture” means seeds consisting of more than one (1) kind or kind and variety, each present in excess of five percent (5%) of the whole;
  22. “Noxious-weed seeds” shall be divided into two (2) classes:
    1. “Prohibited noxious-weed seeds” are the seeds of weeds that, when established on the land, are highly destructive and are not controlled in the state by cultural practices commonly used; and
    2. “Restricted noxious-weed seeds” are the seeds of weeds that are very objectionable in fields, lawns, and gardens in the state and are difficult to control by cultural practices commonly used;
  23. “Origin” means the state, District of Columbia, Puerto Rico, possession of the United States or the foreign country where the seed was grown;
  24. “Other crop seeds” means seeds of kinds or varieties of agricultural or vegetable crops other than those shown on the label as the primary kind or kind and variety;
  25. “Person” includes any individual, partnership, corporation, company, society, association, or legal entity;
  26. “Private hearing” consists of a discussion of facts between the person charged and the enforcement officer;
  27. “Pure seed” means agricultural or vegetable seeds, exclusive of inert matter, weed seeds and all other seeds distinguishable from the kind or kind and variety being considered when examined according to procedures prescribed by rules and regulations promulgated pursuant to this part;
  28. “Purity” means the name or names of the kind, type or variety and the percentage of other crop seed; the percentage of weed seeds, including noxious-weed seeds; the percentage of inert matter; and the name and rate of occurrence of each noxious-weed seed;
  29. “Recognized variety name” and “recognized hybrid designation” mean the name or designation that was first assigned the variety or hybrid by the person who developed it or the person who first introduced it for the production or sale after legal acquisition. These terms shall be used only to designate the varieties or hybrids to which they were first assigned;
  30. “Record” includes all information relating to the shipment or shipments involved and includes a file sample of each lot of seed;
  31. “Screenings” includes seed, inert matter and other materials removed from agricultural or vegetable seed by cleaning or conditioning;
  32. “Seed offered for sale” means any seed or grain whether in bags, packets, bins, or other containers, exposed in sales rooms, storerooms, warehouses, or other places where seed is sold or delivered for seeding purposes, and shall be subject to this part, unless clearly labeled “not for sale as seed”;
  33. “Seed seller” means a person who buys, sells, offers for sale, exposes for sale, distributes, or solicits orders for the sale of agricultural or vegetable seeds for seeding purposes, and includes any person who has seed grown under contract for resale for seeding purposes;
  34. “Seizure” means a legal process carried out by court order in which the department takes physical possession of a definite amount of seed;
  35. “Stop sale” means an administrative order provided by law restraining the sale, use, disposition and movement of a definite amount of seed;
  36. “Tolerance” means the allowance for sampling variation specified under rules and regulations promulgated pursuant to this part;
  37. “Treated” means given an application of a substance or subjected to a process designed to reduce, control or repel disease organisms, insects or other pests that attack seeds or seedlings growing therefrom, or to improve the planting value of the seed;
  38. “Ultimate consumer” means a person who purchases seed with no intention to resell the seed;
  39. “Variety” means a subdivision of a kind that is:
    1. Distinct, in the sense that the variety clearly differs by one (1) or more identifiable, morphological, physiological or other characteristics, which may include those evidenced by processing or product characteristics; e.g., milling and baking characteristics in the case of wheat, as to which a difference in genealogy may contribute evidence, from all prior varieties of public knowledge;
    2. Uniform, in the sense that any variations are describable, predictable, and commercially acceptable; and
    3. Stable, in the sense that the variety, when sexually reproduced or reconstituted, will remain unchanged with regard to its essential and distinctive characteristics with a reasonable degree of reliability commensurate with that of varieties of the same category in which the same breeding method is employed;
  40. “Vegetable seeds” includes the seeds of those crops that are grown in gardens or truck farms and are generally known and sold under the name of vegetable seed in this state; and
  41. “Weed seeds” means the seeds, bulblets, or tubers of all plants generally recognized as weeds within this state and includes noxious-weed seeds.

Acts 1986, ch. 660, § 4; 1994, ch. 844, § 1; 1997, ch. 94, § 1.

43-10-104. Label requirements.

Each container of agricultural and vegetable seeds that is sold, offered or exposed for sale, distributed or transported within or into this state for seeding purposes shall bear thereon or have attached thereto in a conspicuous place a plainly written or printed label or tag in the English language, giving the information required under §§ 43-10-10543-10-108, which information shall not be modified or denied in the labeling or on another label attached to the container.

Acts 1986, ch. 660, § 5.

43-10-105. Label requirements — Treated seeds.

All seed named and treated as defined in this part (for which a separate label may be used) shall be labeled to show the following information:

  1. A word or statement indicating that the seed has been treated;
  2. The commonly accepted coined, chemical or abbreviated chemical (generic) name of the applied substance or description of the process used;
  3. If the substance in the amount present with the seed is harmful to human or other vertebrate animals, a caution statement such as “Do not use for food, feed, or oil purposes.” The caution for mercurials and similarly toxic substances shall be a poison statement or symbol; and
  4. If the seed is treated with an inoculant, the date beyond which the inoculant is not to be considered effective (date of expiration).

Acts 1986, ch. 660, § 6.

Textbooks. Tennessee Jurisprudence, 1 Tenn. Juris., Agriculture, § 3.

43-10-106. Label requirements — Agricultural seeds.

Agricultural seeds sold, distributed, offered or exposed for sale, or transported for sale within or into this state shall be labeled to show the following information:

  1. The commonly accepted name of the kind and the variety, or kind and the phrase “variety not stated” for each agricultural seed present in excess of five percent (5%) of the whole and the percentage by weight of each in order of its predominance. When more than one (1) component is required to be named, the word “mixture” or the word “mixed” shall be shown conspicuously on the label. Hybrids shall be labeled as hybrids;
  2. Lot number or other lot identifications;
  3. Net weight;
  4. Origin, if known. If the origin is unknown, the fact shall be stated;
  5. Percentage by weight of inert matter;
  6. Percentage by weight of agricultural seeds and/or vegetable seeds, which shall be designated as “other crop seeds,” other than those named on the label. Different varieties of the same kind of seed when in quantities of less than five percent (5%) will be considered as other crop seeds;
  7. Percentage by weight of all weed seeds, including noxious-weed seeds;
  8. For each named agricultural seed:
    1. Percentage of germination, exclusive of hard seed;
    2. Percentage of hard seed, if present;
    3. The calendar month and year the test was completed to determine such percentages;
    4. In addition to the individual percentage statement of germination and hard seed, the total percentage of germination and hard seed may be stated as such, if desired;
  9. The name and number per pound of each kind of restricted noxious-weed seed present; and
  10. The name and address of the person who labeled the seed, or who sells, offers or exposes the seed for sale within this state.

Acts 1986, ch. 660, § 7.

43-10-107. Label requirements — Vegetable seeds in containers of one pound or less.

Labels for vegetable seeds in containers of one (1) pound or less, including vegetable seeds in preplanted containers, mats, tapes, or other planting devices, shall show the following information:

  1. Name of kind and variety of seed. Hybrids shall be labeled as hybrids;
  2. Lot number or other lot identification;
    1. Percentage germination and calendar month and year the test was completed, or year for which packed; provided, that the words “Packed for” precedes the year. However, no seed are to be offered or exposed for sale at retail outlets before the year for which packed;
    2. Any seed offered or exposed for sale after the year for which packed, unless in hermetically sealed containers, must show a current germination test as required in § 43-10-109(1)(B). The person in possession of such seed will be responsible for securing a new germination test;
  3. Name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within this state;
  4. For seeds that germinate less than the standards last established by the commissioner under this part:
    1. The percentage of germination, exclusive of hard seed;
    2. The percentage of hard seed, if present;
    3. The calendar month and year the test was completed to determine such percentage;
    4. In addition to the individual percentage statement of germination and hard seed, the total percentage of germination and hard seed may be stated, if desired; and
    5. The words “Below Standard” in not less than eight (8) point type; and
  5. For seeds in a germination medium, mat, tape, or other device in such a way as to make it difficult to determine the quantity of seed without removing the seeds from the medium, mat, tape, or device, a statement to indicate the minimum number of seeds in the container.

Acts 1986, ch. 660, § 8.

43-10-108. Label requirements — Vegetable seeds in containers of more than one pound.

Vegetable seeds in containers of more than one (1) pound shall be labeled to show the following information:

  1. The name of each kind and variety present in excess of five percent (5%) and the percentage by weight of each in order of its predominance. Hybrids shall be labeled as hybrids;
  2. Lot number or other lot identification:
    1. The percentage of germination, exclusive of hard seed;
    2. The percentage of hard seed, if present;
    3. The calendar month and year the test was completed to determine such percentages;
    4. In addition to the individual percentage statement of germination and hard seed, the total percentage of germination and hard seed may be stated as such, if desired;
    5. Net weight, except when in bulk; and
    6. The name and address of the person who sells, offers or exposes the seed for sale within this state; and
  3. No tag or label shall be required, unless requested, on seeds sold directly to and in the presence of the purchaser and taken from a bag or container properly labeled.

Acts 1986, ch. 660, § 9.

43-10-109. Prohibitions.

It is unlawful for any person to:

  1. Transport, offer for transportation, sell, distribute, offer or expose for sale within this state agricultural seed or vegetable seeds for seeding purposes:
    1. Unless a seed license has been obtained in accordance with this part;
    2. Unless the test to determine the percentage of germination required by §§ 43-10-106 — 43-10-108 has been completed within a nine-month period, exclusive of the calendar month in which the test was completed immediately prior to sale, exposure for sale, or offering for sale or transportation;
    3. Not labeled in accordance with this part or having a false or misleading labeling or claim;
    4. Pertaining to which there has been a false or misleading advertisement;
    5. Consisting of or containing prohibited noxious-weed seeds (tolerance not permitted);
    6. Containing restricted noxious-weed seeds, except as prescribed by rules and regulations promulgated under this part;
    7. Containing weed seeds in excess of two percent (2%) by weight unless otherwise provided in rules and regulations promulgated under this part;
    8. That have been treated and not labeled as required;
    9. To which there are affixed names or terms that create a misleading impression as to the kind, kind and variety, history, productivity, quality or origin of the seeds;
    10. Represented to be certified, registered, or foundation seed, unless it has been produced, processed and labeled in accordance with the procedures and in compliance with rules and regulations of an official seed certifying agency;
    11. Represented to be hybrid, unless such seed conforms to the definition of a “hybrid” as defined in this part;
    12. Unless it conforms to the definition of a “lot”; or
    13. By variety name seed not certified by an official seed certifying agency when it is a variety for which a certificate of plant variety protection under the Plant Variety Protection Act specifies sale only as a class of certified seed; provided, that seed from a certified lot may be labeled as to variety name when used in a mixture by, or with the approval of, the owner of the variety;
  2. Advertise by variety name or make any representations to a particular variety, when the variety is protected by the Plant Variety Protection Act for sale only as a class of certified seed, if it has not been certified by an official seed certification agency, except as provided in subdivision (1)(M);
  3. Transport, offer for transportation, sell, distribute, offer or expose for sale seeds, whole grain, and screenings not for seeding purposes unless labeled “not for seeding purposes”;
  4. Detach, alter, deface, or destroy any label provided for in this part or the rules and regulations promulgated under this part, or to alter or substitute seed in any manner that defeats the purpose of this part;
  5. Disseminate false or misleading advertisement in any manner concerning agricultural seeds, vegetable seeds or screenings;
  6. Hinder or obstruct in any manner an authorized agent of the commissioner in the performance of such agent's lawful duties;
  7. Fail to comply with or to supply inaccurate information in reply to a stop-sale order, or remove tags attached to, or move or dispose of, seed or screenings held under stop-sale order, except as specified by the enforcement officer;
  8. Use the name of the department of agriculture or the results of tests and inspections made by the department for advertising purposes;
  9. Sell, offer or expose for sale, or give away the seeds or plants of Johnson grass or seed indistinguishable from Johnson grass seed, such as Sorghum alum;
  10. Use the words “type” or “trace” in lieu of information required by § 43-10-105 through this section;
  11. Label and offer for sale seed under the scope of this part without keeping complete records as specified in § 43-10-111; or
  12. Sell, distribute, offer or expose for sale tobacco seed for seeding purposes unless the seed has been certified by an official seed certifying agency.

Acts 1986, ch. 660, § 10; 1993, ch. 269, § 1; 1994, ch. 844, § 2; 1997, ch. 94, § 2.

Compiler's Notes. The Plant Variety Protection Act, referred to above, is codified as 7 U.S.C. § 2321 et seq.

43-10-110. Exemptions.

  1. Sections 43-10-104 — 43-10-108 do not apply:
    1. To seed or grain sold or represented to be sold for purposes other than for seeding; provided, that the seed is labeled “not for seeding purposes” and that the seed seller shall make it unmistakably clear to the purchaser of such seed or grain that it is not for seeding purposes;
    2. To seed for conditioning when consigned to being transported to or stored in a conditioning establishment; provided, that the invoice or labeling accompanying the seed bears the statement “Seed for conditioning”; and provided further, that other labeling or representation that may be made with respect to the uncleaned or unconditioned seed shall be subject to this part;
    3. When grown, sold, and delivered by the producer on the producer's own premises, to the purchaser personally for seeding purposes. If, however, the seed is advertised for sale through any public medium or if the seed is delivered by a common carrier, except transported for the purposes of being recleaned as hereinafter provided, the seed must be labeled in accordance with this part; and
    4. To any carrier in respect to any seed or screenings transported or delivered for transportation in the ordinary course of its business as a carrier; provided, that such carrier is not engaged in producing, conditioning, or marketing agricultural or vegetable seeds or screenings subject to this part.
  2. No person shall be subject to the penalties of this part for having sold, offered or exposed for sale in this state any agricultural or vegetable seeds that were incorrectly labeled or represented as to origin, kind, or variety when such seeds cannot be identified by examination, unless such person has failed to obtain an invoice or genuine grower's declaration giving origin, kind, and variety or to take such other precautions as may be necessary to ensure the identity to be that stated.

Acts 1986, ch. 660, § 11.

43-10-111. Records.

Each person whose name appears on the label as handling agricultural or vegetable seeds subject to this part shall keep for a period of two (2) years complete records of each lot of such seed handled, and shall keep for one (1) year a file sample of each lot of seed after final disposition of the lot. All such records and samples pertaining to the shipment or shipments involved shall be accessible for inspection by the commissioner or the commissioner's agent during customary business hours.

Acts 1986, ch. 660, § 12.

43-10-112. Disclaimers, nonwarranties, and limited warranties.

A disclaimer, nonwarranty, or limited warranty used in any invoice, advertising, labeling, or written, printed or graphic matter pertaining to any seed shall not directly or indirectly deny or modify any information required by this part or the rules and regulations promulgated under this part.

Acts 1986, ch. 660, § 13.

43-10-113. Tolerances to be established and used in enforcement.

Due to variations that may occur between the analysis or tests and likewise between label statements and the results of subsequent analyses and tests, tolerances that are to be established by appropriate rules and regulations promulgated under the authority of this part shall be employed in the enforcement of this part.

Acts 1986, ch. 660, § 14.

43-10-114. Duties and authority of commissioner.

  1. Except as otherwise specifically provided by the Tennessee Drug Control Act of 1989, compiled in title 39, chapter 17, part 4, and title 53, chapter 11, parts 3 and 4, or any other state statute that authorizes or requires a person other than the commissioner to exercise jurisdiction and authority over matters related to the regulation of seed, the commissioner has exclusive jurisdiction and authority over all matters related to the regulation of seed. The duty of enforcing this part and its rules and regulations and carrying out its provisions and requirements shall be vested in the commissioner. It is the duty of the commissioner, who may act through authorized agents to:
    1. Sample, inspect, analyze, and test agricultural and vegetable seed held in storage, transported, distributed, sold, offered or exposed for sale within this state for seeding purposes at such time and place and to such extent as the commissioner may deem necessary to determine whether such seeds are in compliance with this part, and notify promptly the person who transported, distributed, possessed, sold, offered or exposed the seed for sale of any violation;
    2. After conferring with interested industry representatives, prescribe, amend and adopt rules and regulations governing the method of sampling, inspection, analyzing, testing and examining agricultural and vegetable seed, and the tolerances to be followed in the administration of this part, which shall be in general accord with officially prescribed practices in interstate commerce;
    3. Adopt a list of prohibited and restricted noxious weeds, conforming with the definitions stated in this part, and add or subtract from the list, from time to time, after a public hearing following due public notice;
    4. Promulgate rules and regulations to provide such additional definitions of terms as the commissioner believes are needed; prescribe minimum standards of germination and purity and maximum number per pound allowed for each restricted noxious weed; and
    5. Prescribe such other rules as may be necessary to secure the efficient enforcement of this part and to maintain a comprehensive scheme for regulating seed that shall be uniform and applicable throughout the state.
  2. Further, for the purpose of carrying out this part, the commissioner, individually or through authorized agents, is authorized to:
    1. Enter upon any public or private premises during business hours in order to have access to seeds and the records connected with seeds subject to this part and rules and regulations under this part, and any truck or other conveyor by land, water, or air at any time when such conveyor is accessible, for the same purpose;
    2. Issue and enforce a written or printed “stop sale” order to the owner or custodian of any lot of agricultural or vegetable seeds that the commissioner or the commissioner's authorized agent finds is in violation of any of the provisions of this part or rules and regulations promulgated under this part, which order shall prohibit further sale, conditioning and movement of such seed until the enforcing officer has evidence that there has been compliance with the law, and has issued a release from the “stop sale” order of such seed; provided, that in respect to seed that has been denied sale, conditioning and movement as provided in this subdivision (b)(2), the owner or custodian of such seed shall have the right to appeal from the order to a court of competent jurisdiction in the locality in which the seeds are found, praying for a judgment as to the justification of the order and for the discharge of the seeds from the order prohibiting the sale, conditioning and movement in accordance with the findings of the court; and provided further, that this subdivision (b)(2) shall not be construed as limiting the right of the enforcement officer to proceed as authorized by other sections of this part;
    3. Establish and maintain or make provisions for seed testing facilities, employ qualified persons, and incur such expenses as may be necessary to comply with these provisions;
    4. Publish the results of analyses, tests, examinations, studies, and investigations made as authorized by this part, together with any other information the commissioner may deem advisable; and
    5. Cooperate with the United States department of agriculture in seed law enforcement.
  3. Except as otherwise specifically provided by the Tennessee Drug Control Act of 1989, or any other state statute that authorizes or requires a person other than the commissioner to prohibit the planting, cultivation, harvesting, handling, or movement of agricultural seeds, the commissioner shall have the sole authority to prohibit the planting, cultivation, harvesting, handling, or movement of agricultural seeds.

Acts 1986, ch. 660, § 15; 2016, ch. 643, §§ 1-3.

Amendments. The 2016 amendment added the current first sentence of (a); in (a)(5), deleted “and regulations” following “rules” near the beginning and added “and to maintain a comprehensive scheme for regulating seed that shall be uniform and applicable throughout the state.” to the end; and added (c).

Effective Dates. Acts 2016, ch. 643, § 4. March 23, 2016.

43-10-115. Seizure.

Any lot of agricultural or vegetable seeds, mixtures of such seeds, or screenings being sold, exposed for sale, offered for sale or held with intent to sell in this state contrary to this part shall be subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the locality in which the seeds, mixtures of such seeds, or screenings are located. In the event the court finds the seed to be in violation of this part and orders the condemnation thereof, the seeds, mixtures of such seeds, or screenings shall be denatured, conditioned, destroyed, relabeled, or otherwise disposed of in compliance with the laws of this state; provided, that in no instance shall such disposition of the seeds, mixtures of the seeds, or screenings be ordered by the court without first having given the claimant an opportunity to apply to the court for the release of the seeds, mixtures of the seeds, or screenings, or permission to condition or relabel to bring them into compliance with this part.

Acts 1986, ch. 660, § 16.

43-10-116. Violations, hearings, prosecutions, or warnings.

  1. Any person who knowingly, or as a result either of gross negligence or of a failure to make a reasonable effort to be informed of the pertinent facts, violates any provision of this part, or the rules and regulations made and promulgated thereunder, commits a Class C misdemeanor. However, no prosecution under this part shall be instituted without the person first having been given an opportunity to appear before the commissioner or the commissioner's duly authorized agent, to introduce evidence either in person or by agent or attorney at a private hearing.
  2. If, after the hearing, or without a hearing in the event the person or the person's agent or attorney fails or refuses to appear, the commissioner is of the opinion that the evidence warrants prosecution, the commissioner shall proceed according to legal procedures in the state, or, if the commissioner believes the public interest will be adequately served by a written notice or warning, the commissioner may direct to the alleged violator a suitable written notice or warning.
  3. After judgment by the court in any case arising under this part, the commissioner shall publish any information pertinent to the issuance of the judgment by the court in such media as the commissioner may designate from time to time.

Acts 1986, ch. 660, § 17; 1989, ch. 591, § 113.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

43-10-117. Injunction.

When, in the performance of official duties, the commissioner applies to any court for a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this part or any rules and regulations under this part, the injunction is to be issued without bond.

Acts 1986, ch. 660, § 18.

43-10-118. License fees.

Each seed seller who sells, offers for sale, exposes for sale, distributes, or solicits orders for the sale of any agricultural or vegetable seeds to farmers, retailers, wholesalers, or any others who use or plant agricultural or vegetable seeds in the state shall obtain a license from the commissioner annually on or before July 1 of each calendar year. Seed sellers shall obtain an application form and pay the appropriate fee set by rule pursuant to § 43-1-703.

Acts 1986, ch. 660, § 19; 1997, ch. 94, § 3; 2015, ch. 485, § 9.

Amendments. The 2015 amendment rewrote the section, which read: “(a) Each seed seller who sells, offers for sale, exposes for sale, distributes, or solicits orders for the sale of any agricultural or vegetable seeds to farmers, retailers, wholesalers, or to any others who use or plant agricultural or vegetable seeds in the state must obtain a license from the commissioner annually on July 1. Seed sellers shall obtain an application form and pay the appropriate fee:“(1) Each seed seller selling, possessing, offering or exposing for sale agricultural or vegetable seeds at retail in packages or containers larger than one (1) pound shall pay to the commissioner an annual fee of ten dollars ($10.00) for each such place of business;“(2) Each seed seller selling seed to wholesalers only shall pay to the commissioner an annual fee of ten dollars ($10.00) for each such place of business; and“(3) All other seed sellers not covered under subdivision (a)(1), excluding the actual producer of the seed, shall be classified as a wholesaler, and shall pay to the commissioner an annual fee of seventy-five dollars ($75.00) for each such place of business“(b) Out of state seed sellers who sell or ship seed into this state shall obtain a license in the same manner as described in subdivisions (a)(1) and (2).“(c) Each person who does not have a fixed place of business who sells, offers or exposes for sale, seed in this state shall be required upon application for a license to furnish a surety bond in the amount of ten thousand dollars ($10,000) payable to the commissioner. The bond shall be given for the protection of purchasers of that person's seed and for the purpose of carrying out this part.“(d) Licenses shall be renewed annually beginning July 1. Failure to renew such license by September 1 of each year, will incur a penalty of one hundred percent (100%) to the cost of the license.“(e) Each seed seller, including the actual producer of the seed, selling, distributing, offering, or exposing for sale agricultural or vegetable seeds within or into this state shall pay to the department an inspection fee on each container of seed as follows:“(1) Three cents (3cent(s)) per container weighing from six pounds (6 lbs.) to one hundred pounds (100 lbs.);“(2) Three cents (3cent(s)) per c.w.t., or fractions thereof, for seeds in bulk or container in excess of one hundred pounds (100 lbs.);“(3) Three cents (3cent(s)) for each case of agricultural or vegetable seeds in containers weighing five pounds (5 lbs.) or less; and“(4) Two cents (2cent(s)) for each two-ounce package or less of tobacco seed.“(f) The inspection fees shall be paid by means of a reporting system. Procedures for obtaining a permit and the responsibilities of the permit holders shall be established by rules and regulations promulgated by the commissioner.”

Effective Dates. Acts 2015, ch. 485, § 41. July 1, 2015; May 20, 2015, for the purpose of promulgating rules.

43-10-119. [Repealed.]

Acts 1986, ch. 660, § 20;  repealed by Acts 2015, ch. 485, § 10, effective July 1, 2015.

Compiler's Note. Former § 43-10-119 concerned disposition of fees.

43-10-120. Regulations promulgated under former statute.

All regulations promulgated under prior law shall remain in effect until amended or repealed in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 1986, ch. 660, § 21.

Part 2
Seed Certification

43-10-201. State seed certifying agency.

The commissioner of agriculture, the vice president of the University of Tennessee institute of agriculture, the dean of the University of Tennessee agriculture experiment station and the dean of the University of Tennessee extension service are vested with full authority to designate a crop improvement association as the official state seed certifying agency. The association shall be a member of the Association of Official Seed Certifying Agencies. These officials are further authorized, if satisfied that the association acting as official state seed certifying agency has not performed its duties in the best interests of Tennessee agriculture, to terminate the appointment of the association as the official state seed certifying agency.

Acts 1985, ch. 329, § 1.

43-10-202. [Repealed.]

Compiler's Notes. Former § 43-10-202 (Acts 1985, ch. 329, § 1), concerning the creation of the state seed board, was repealed by Acts 1995, ch. 291, § 3. For new law see § 43-10-203.

43-10-203. Duties of the board of directors of the seed certifying agency.

The seed certifying agency's board of directors has control, management and supervision of the production, distribution and certification of purebred seeds in Tennessee under this part.

Acts 1985, ch. 329, § 1; 1995, ch. 291, § 4.

43-10-204. Applicability of provisions.

Any person, association, firm or corporation who issues, uses or circulates any advertisement, tag, seal, poster, letterhead or marketing circular containing any written or printed representation or description that such seeds offered for sale or use are “Tennessee Certified,” “Tennessee State Certified,” “State Certified,” or the equivalent utilizing words or symbols to imply conformity with the standards established by the state seed certifying agency, shall be subject to this part. This part does not apply, however, to the plant and plant product certification procedures concerning freedom from disease and insect infestation, as currently conducted by the plant industries division of the department of agriculture. Any issuance, use or circulation of any certificate or instrument, as defined in this part, shall be deemed “certification” for the purposes of this part.

Acts 1985, ch. 329, § 1.

43-10-205. Rules and regulations — Compliance with standards and procedures — Valid certifications.

  1. The state seed certifying agency shall promulgate rules and regulations for the certification of seeds, plants or plant parts intended for growth, harvest, sale or distribution in Tennessee, with the exception of nursery crops, greenhouse crops, vegetable crops, strawberries and sweet potatoes.
  2. All seeds, plants, or plant parts intended for growth, harvest, sale or distribution in Tennessee, with the exception of nursery crops, greenhouse crops, vegetable crops, strawberries and sweet potatoes, shall comply with the standards and procedures established by the state seed certifying agency in order to be eligible for certification.
  3. No certification is valid unless issued by the state seed certifying agency established in this part.

Acts 1985, ch. 329, § 1; 1995, ch. 291, § 5.

Attorney General Opinions. Constitutionality of delegation of authority to official seed certifying agency to promulgate rules and regulations, OAG 95-052 (5/15/95).

Effect of termination of state seed board, OAG 95-052 (5/15/95).

43-10-206. Violations — Penalties.

It is unlawful for any person, firm, association or corporation to issue, make, use or circulate any certification as provided for in this part, without authority from and the approval of the state seed certifying agency. Any person, firm, association or corporation who violates any provision of this part commits a Class A misdemeanor for each separate offense, and shall further be denied any right to apply for subsequent certification for such a period as the court sees fit but not to exceed one (1) year.

Acts 1985, ch. 329, § 1; 1989, ch. 591, §§ 1, 6.

Code Commission Notes.

The misdemeanor in this section has been designated as a Class A misdemeanor by authority of § 40-35-110, which provides that an offense designated a misdemeanor without specification as to category is a Class A misdemeanor. See also § 39-11-114.

Cross-References. Penalty for Class A misdemeanor, § 40-35-111.

Chapter 11
Fertilizers and Liming Materials

Part 1
Commercial Fertilizers

43-11-101. Short title.

This part shall be known and may be cited as the “Tennessee Commercial Fertilizer Law of 1969.”

Acts 1969, ch. 102, § 1; T.C.A., § 43-1121.

Cross-References. Agricultural production inputs, title 43, ch. 31.

Lien for farm implements and supplies, § 66-12-103.

Soil conservation, title 43, ch. 14.

Comparative Legislation. Fertilizers:

Ala.  Code § 2-22-1 et seq.

Ark.  Code § 2-19-201 et seq.

Ga. O.C.G.A. § 2-12-1 et seq.

Ky. Rev. Stat. Ann. § 250.360 et seq.

Miss.  Code Ann. § 75-47-1 et seq.

Mo. Rev. Stat. § 266.291 et seq.

N.C. Gen. Stat. § 106-655 et seq.

Va. Code § 3.1-74 et seq.

Collateral References. 3 Am. Jur. 2d Agriculture § 42 et seq.

3 C.J.S. Agriculture §§ 74-82.

Constitutionality, construction and application of statutes relating to testing or sampling of agricultural fertilizers. 105 A.L.R. 348, 147 A.L.R. 765.

Liability of manufacturer or seller for injury caused by animal feed or medicines, crop sprays, fertilizers, insecticides, rodenticides and similar products. 12 A.L.R.4th 462, 29 A.L.R.4th 1045.

Agriculture 1, 7.

43-11-102. Administration of part.

This part shall be administered by the commissioner of agriculture.

Acts 1969, ch. 102, § 2; T.C.A., § 43-1122.

43-11-103. Part definitions.

As used in this part, unless the context otherwise requires:

  1. “Brand” means a term, design, or trademark used in connection with one (1) or several grades of commercial fertilizer;
  2. “Bulk fertilizers” means commercial fertilizer distributed in a nonpackaged form;
  3. “Commercial fertilizer” means any substance containing one (1) or more recognized plant nutrients that is used for its plant nutrient content and that is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes and gypsum;
  4. “Commissioner” means the commissioner of agriculture;
  5. “Deficiency” means the amount of nutrient found by analysis less than that guaranteed that may result from a lack of nutrient ingredients or from a lack of uniformity;
  6. “Distributor” means any person who imports, consigns, manufactures, produces, compounds, mixes, or blends commercial fertilizer, or who offers for sale, sells, barters, or otherwise supplies commercial fertilizer in this state;
  7. “Fertilizer material” is a fertilizer that either:
    1. Contains important quantities of no more than one (1) of the primary plant nutrients (nitrogen, phosphoric acid and potash);
    2. Has approximately eighty-five percent (85%) of its plant nutrient content present in the form of a single chemical compound; or
    3. Is derived from a plant or animal residue or by-product or a natural material deposit that has been processed in such a way that its content of primary plant nutrients has not been materially changed except by purification and concentration;
  8. “Grade” means the percentages of total nitrogen, available phosphorus or phosphoric acid, and soluble potassium or soluble potash stated in whole numbers in the same terms, order and percentages as in the “guaranteed analysis”;
  9. “Guaranteed analysis”:
    1. Until the commissioner prescribes the alternative form of “guaranteed analysis” in accordance with the provisions of subdivision (9)(B), “guaranteed analysis” means the minimum percentage of plant nutrients claimed in the following order and form:

      Available Phosphoric Acid (P205)   percent

      Soluble Potash (K20)   percent

      1. Total Nitrogen (N)   percent
      2. For unacidulated mineral phosphatic materials and basis slag, both total and available phosphoric acid and the degree of fineness. For bone, tankage, and other organic phosphatic materials, total phosphoric acid;
      3. Guarantees for plant nutrients other than nitrogen, phosphorus and potassium may be permitted or required by regulation of the commissioner. The guarantees for plant nutrients other than nitrogen, phosphorus and potassium shall be expressed in the form of the element. The sources of such other nutrients (oxides, salt, chelates, etc.) may be required to be stated on the application for registration and may be included as a parenthetical statement on the label. Other beneficial substances or compounds, determinable by laboratory methods, also may be guaranteed by permission of the commissioner and with the advice of the director of the agricultural experiment station. When any plant nutrients or other substances or compounds are guaranteed, they shall be subject to inspection and analysis in accordance with the methods and regulations prescribed by the commissioner; and
      4. Potential basicity or acidity expressed in terms of calcium carbonate equivalent in multiples of one hundred pounds (100 lbs.) per ton, when required by regulation; and
    2. When the commissioner finds, after public hearing following due notice, that the requirement for expressing the guaranteed analysis of phosphorus and potassium in elemental form would not impose an economic hardship on distributors and users of fertilizer by reason of conflicting labeling requirements among the states, the commissioner may require by regulation thereafter that the “guaranteed analysis” shall be in the following form:

      Total Nitrogen (N)   percent

      Available Phosphorus (P)   percent

      Soluble Potassium (K)   percent

      provided, that the effective date of the regulation shall not be less than six (6) months following the issuance of the regulation; and provided further, that for a period of two (2) years following the effective date of the regulation, the equivalent of phosphorus and potassium may also be shown in the form of phosphoric acid and potash. After the effective date of a regulation issued under this subdivision (9)(B), requiring that phosphorus and potassium be shown in the elemental form, the guaranteed analysis for nitrogen, phosphorus, and potassium shall constitute the grade;

  10. “Investigational allowance” means an allowance for variations inherent in the taking, preparation, and analysis of an official sample;
  11. “Label” means the display of all written, printed, or graphic matter upon the immediate container, or a statement accompanying a fertilizer;
  12. “Labeling” means all written, printed, or graphic matter upon or accompanying any fertilizer, or advertisements, brochures, posters, television, and radio announcements used in promoting the sale of such fertilizer;
  13. “Local legislation” means, but is not limited to, any ordinance, motion, resolution, amendment, regulation or rule adopted by a political subdivision;
  14. “Mixed fertilizer” is a commercial fertilizer containing any combination or mixtures of fertilizer materials designed for use or claimed to have value in promoting plant growth;
  15. “Official sample” means any sample of commercial fertilizer taken by the commissioner or the commissioner's agent and designated as “official” by the commissioner;
  16. “Overall index value” means the value of a fertilizer as determined by comparing the value guaranteed with the value found, using as a basis for value the commercial value of a nutrient or ingredient per § 43-11-110;
  17. “Percent” or “percentage” means the percentage by weight;
  18. “Person” includes an individual, partnership, association, firm, and corporation;
  19. “Political subdivision” means any local government entity and includes, but is not limited to, any city, county or municipal government and any other body corporate and politic that is responsible for government activities in a geographic area smaller than the state;
  20. “Registrant” means the person who registers commercial fertilizer under this part;
  21. “Soil conditioner or soil amendment” means any substance that is intended to improve the physical characteristics of the soil, except agricultural liming materials, unmanipulated animal manures, unmanipulated vegetable manures, pesticides, and other materials exempted by regulation;
  22. “Specialty fertilizer” means a commercial fertilizer distributed primarily for nonfarm use, such as home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses and nurseries;
  23. “Ton” means a net weight of two thousand pounds (2,000 lbs.) avoirdupois; and
  24. “Unmanipulated manure” means any substance composed of the excreta of domestic animals or domestic fowls that has not been processed in any manner, including drying, grinding, shredding, addition of plant food, mixing artificially with any material or materials other than those that have been used for bedding, sanitary, or feeding purposes for the animals or fowls, or any other means.

Acts 1969, ch. 102, § 3; T.C.A., § 43-1123; Acts 1986, ch. 659, §§ 1, 2; 1988, ch. 544, §§ 1, 2; 2008, ch. 1040, § 1.

Compiler's Notes. Acts 2008, ch. 1040, § 3 provided that the provisions adding the definitions for “local legislation” and “political subdivision” to this section shall not apply in any county having a population in excess of two hundred thousand (200,000), according to the 2000 federal census or any subsequent federal census. For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Amendments. The 2008 amendment added the definitions for “local legislation” and “political subdivision”.

Effective Dates. Acts 2008, ch. 1040, § 4. May 28, 2008.

43-11-104. Annual licence fee.

Every person who distributes commercial fertilizer in this state shall pay an annual license fee set by rule pursuant to § 43-1-703.

Acts 1969, ch. 102, § 4; T.C.A., § 43-1124; Acts 1988, ch. 544, § 3; 2015, ch. 485, § 11.

Amendments. The 2015 amendment rewrote the section, which read: “(a) Each brand and grade of commercial fertilizer shall be registered before being distributed in this state. The application for registration shall be submitted to the commissioner on forms furnished by the commissioner. All brands sold in packages of twenty-five pounds (25 lbs.) or less shall be registered at a fee of twenty-five dollars ($25.00) each. Upon approval by the commissioner, a copy of the registration shall be furnished to the applicant. All registrations expire on June 30 of each year. The application shall include the following information:“(1) The net weight;“(2) The brand and grade;“(3) The guaranteed analysis;“(4) The name and address of the registrant; and“(5) The sources from which the nitrogen, phosphorus, and potassium are derived.“(b) A distributor shall not be required to register any brand of commercial fertilizer that is already registered under this part by another person.“(c) A distributor shall not be required to register a commercial fertilizer formulated according to specifications that are furnished by a consumer prior to mixing, but shall be required to label such fertilizer as provided in § 43-11-105(c).“(d) For all specialty fertilizers, soil amendments and soil conditioners, the registrant shall submit to the commissioner two (2) labels or copies of each label of each brand and grade, together with the registration application. For all specialty fertilizers, soil amendments and soil conditioners, the registrant shall submit a fee of twenty-five dollars ($25.00) per brand and grade regardless of package size.“(e) Nothing in this section shall prohibit the commissioner or the commissioner's agent from denying registration pending the submission of all requested information and the completion of any required changes necessary for any fertilizer to be in full compliance with this chapter.”

Effective Dates. Acts 2015, ch. 485, § 41. July 1, 2015; May 20, 2015 for the purpose of promulgating rules.

43-11-105. Labeling.

  1. Any commercial fertilizer distributed in this state in containers shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the information required by § 43-11-104(a)(1)-(4).
  2. If distributed in bulk, a written or printed statement of the information required by § 43-11-104(a)(1)-(4) shall accompany delivery and be supplied to the purchaser at time of delivery.
  3. A commercial fertilizer formulated according to specifications that are furnished by a consumer prior to mixing shall be labeled to show the net weight, guaranteed analysis, and the name and address of the distributor or the registrant, together with the name and address of the consumer.

Acts 1969, ch. 102, § 5; T.C.A., § 43-1125; Acts 1986, ch. 659, § 3.

Compiler's Notes. Section 43-11-104, referred to in this section, was rewritten by Acts 2015, ch. 485, § 11, effective July 1, 2015.  As rewritten, the section no longer contains the registration application requirements formerly set out (a)(1)-(4).

43-11-106. [Repealed.]

Acts 1969, ch. 102, § 6; 1972, ch. 628, § 1; T.C.A., § 43-1126; Acts 1986, ch. 659, §§ 4, 5; repealed by Acts 2015, ch. 485, § 12, effective July 1, 2015.

Compiler's Note. Former § 43-10-106 concerned inspection fees.

43-11-107. [Repealed.]

Acts 1969, ch. 102, § 7; T.C.A., § 43-1127; Acts 1986, ch. 659, § 6; repealed by Acts 2015, ch. 485, § 13, effective July 1, 2015.

Compiler's Note. Former § 43-11-107 concerned tonnage reports.

43-11-108. Inspection, sampling, analysis.

  1. It is the duty of the commissioner or the commissioner's agent to sample, inspect, make analysis of, and test commercial fertilizer distributed within this state, and the commissioner or agent is authorized to enter upon any public or private premises or carriers at a time and place and to such extent as the commissioner or agent may deem necessary to determine whether their commercial fertilizers are in compliance with this part.
  2. The methods of analysis and sampling shall be those adopted by the official from sources such as the Association of Official Analytical Chemists Journal.
  3. The commissioner, in determining for administrative purposes whether any commercial fertilizer is deficient in plant food, shall be guided solely by the official sample as defined in § 43-11-103, and obtained and analyzed as provided for in subsection (b).
  4. The results of official analysis of any commercial fertilizer that has been found to be subject to penalty or other legal action shall be forwarded by the commissioner to the registrant at least ten (10) days before the report is submitted to the purchaser. If during that period no adequate evidence to the contrary is made available to the commissioner, the report shall become official. Upon request, the commissioner shall furnish to the registrant a portion of any sample found subject to penalty or other legal action.

Acts 1969, ch. 102, § 8; T.C.A., § 43-1128; Acts 1986, ch. 659, § 7.

43-11-109. Fertilizer deficiency — Penalties.

  1. If the analysis shall show that any commercial fertilizer falls short of the guaranteed analysis, penalties shall be assessed by the commissioner as follows:
    1. When a deficiency in the analysis of any one (1) primary ingredient (nitrogen, phosphorus or potash) is greater than two (2) times the investigational allowance for that ingredient, penalties will be assessed in the amount of three (3) times the commercial value of the deficiency;
    2. When a deficiency in the analysis of any one (1) primary ingredient is two (2) or less times the investigational allowance for that ingredient, an overall index value will be calculated. When the overall index value is less than ninety-seven percent (97%), the penalty assessed shall be three (3) times the difference between the found commercial value and the guaranteed commercial value of the primary nutrients;
    3. When an analysis of any one (1) primary ingredient results in both a deficiency greater than two (2) times the investigation allowances and an overall index value of less than ninety-seven percent (97%), the greater of the two (2) penalties will be assessed. In no instance will the penalty assessed be greater than the retail value of the lot of fertilizer; and
    4. When an analysis of any one (1) secondary nutrient (minor elements) is deemed deficient by exceeding the allowable deficiencies established by regulation, penalties assessed will be in the amount of three (3) times the commercial value of the deficiency.
  2. When assessing penalties for fertilizer found to be deficient, tolerances and investigational allowances established by the Association of American Plant Food Control Officials and published in the annual official publication shall be recognized.
  3. Deficiency in any other constituent or constituents covered under § 43-11-103(9)(A)(i), (ii) and (iii) that the registrant is required to or may guarantee shall be evaluated by the commissioner and penalties therefor shall be prescribed by the commissioner.
  4. Nothing contained in this section shall prevent any person from appealing to a court of competent jurisdiction for judgment as to the justification of penalties.
  5. All penalties assessed under this section shall be paid to the consumer of the lot of commercial fertilizer represented by the sample analyzed within two (2) months after the date of notice from the commissioner to the registrant, receipts taken therefor and promptly forwarded to the commissioner. If these consumers cannot be found, the amount of the penalty shall be paid to the department of agriculture, and shall be used only for the enforcement of this part. If, upon satisfactory evidence, a distributor is shown to have altered the content of a fertilizer shipped to such distributor by a registrant, or to have mixed or commingled fertilizer from two (2) or more supplies such that the result of either alteration changes the analysis of the fertilizer as originally guaranteed, then that distributor shall become responsible for obtaining a registration and shall be held liable for all penalty payments and be subject to other provisions of this part, including seizure, condemnation and stop sale.
  6. A deficiency in an official sample of mixed fertilizer resulting from nonuniformity shall be handled in the same manner as a deficiency due to actual plant nutrient shortage.

Acts 1969, ch. 102, § 9; 1977, ch. 166, § 1; T.C.A., § 43-1129; Acts 1986, ch. 659, § 8; 1988, ch. 544, § 4.

43-11-110. Commercial value.

For the purpose of determining the commercial values to be applied under the provisions of § 43-11-109, the commissioner shall determine and publish annually the values per pound of nitrogen, available phosphoric acid, and soluble potash in commercial fertilizers in this state. If guarantees are as provided in § 43-11-103(9)(B), the values shall be per pound of nitrogen, phosphorus, and potassium. The values so determined and published shall be used in determining and assessing penalties.

Acts 1969, ch. 102, § 10; T.C.A., § 43-1130.

43-11-111. Soil conditioners.

  1. No soil conditioner, soil amendment, or any other material designed or claimed to improve the physical characteristics of the soil may be sold in this state until those products meet all of the requirements of this chapter and the regulations promulgated under this chapter, including the payment of inspection fees.
  2. If the analysis shows that any soil amendment, soil conditioner, or similar product falls short of the guaranteed analysis in any one (1) ingredient or in total ingredients, then a penalty shall be assessed by the commissioner in the amount of three (3) times the larger deficiency. A minimum penalty of fifty dollars ($50.00) shall be assessed on any deficiency of such product. Investigational allowances and total ingredient values shall be established by regulation and shall follow the Official Publication of the Association of American Plant Food Control Officials if applicable. All penalties shall be paid in the manner prescribed by § 43-11-109.

Acts 1969, ch. 102, § 11; 1972, ch. 628, § 2; T.C.A., § 43-1131; Acts 1988, ch. 544, § 5.

NOTES TO DECISIONS

Decisions Under Prior Law

1. Sale of Product Not Containing Ingredients Prescribed by Statute.

Under a former statute, it was held that a sale of commercial fertilizer containing no ammonia, one of the ingredients prescribed by that statute, was void and unenforceable, notwithstanding that the article delivered complied with the requirements of the contract between the parties. Harris v. Parker, 108 Tenn. 29, 64 S.W. 1087, 1901 Tenn. LEXIS 5 (1901).

43-11-112. Misbranded fertilizer — Distribution prohibited.

Commercial fertilizer is misbranded if it carries a false or misleading statement on the container, on the label attached to the container, or if false or misleading statements concerning the fertilizer are disseminated in any manner or by any means. It is unlawful to distribute a misbranded fertilizer.

Acts 1969, ch. 102, § 12; T.C.A., § 43-1132.

Cross-References. Distribution of adulterated fertilizer products, § 43-11-124.

43-11-113. Rules and regulations.

For the enforcement of this part, the commissioner is authorized to prescribe and, after a hearing following due notice, to enforce such rules and regulations relating to the distribution of commercial fertilizers as the commissioner may find necessary to carry into effect the full intent and meaning of this part.

Acts 1969, ch. 102, § 13; T.C.A., § 43-1133.

43-11-114. Penalty for short weight.

If any commercial fertilizer in the possession of the consumer is found by the commissioner to be short in weight, the registrant of the commercial fertilizer shall, within thirty (30) days after official notice from the commissioner, pay to the consumer a penalty equal to three (3) times the value of the actual shortage.

Acts 1969, ch. 102, § 14; T.C.A., § 43-1134; Acts 1986, ch. 659, § 9.

43-11-115. “Stop sale, use, or removal” orders.

The commissioner may issue and enforce a written or printed “stop sale, use, or removal” order to the owner or custodian of any lot of commercial fertilizer, and may order the owner or custodian to hold the fertilizer at a designated place, when the commissioner finds the commercial fertilizer is being offered or exposed for sale in violation of any of the provisions of this part, until the law has been complied with and the commercial fertilizer is released in writing by the commissioner, or the violation has been otherwise legally disposed of by written authority. The commissioner shall release the commercial fertilizer so withdrawn when the requirements of this part have been complied with and all costs and expenses incurred in connection with the withdrawal have been paid.

Acts 1969, ch. 102, § 15; T.C.A., § 43-1135.

43-11-116. Seizure, condemnation, and sale.

Any lot of commercial fertilizer not in compliance with this part shall be subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the area in which the commercial fertilizer is located. In the event the court finds the commercial fertilizer to be in violation of this part and orders the condemnation of the commercial fertilizer, it shall be disposed of in any manner consistent with the quality of the commercial fertilizer and the laws of the state; provided, that in no instance shall the disposition of the commercial fertilizer be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the commercial fertilizer or for permission to process or re-label the commercial fertilizer to bring it into compliance with this part.

Acts 1969, ch. 102, § 16; T.C.A., § 43-1136.

43-11-117. Revocation of registration — Hearing — Subpoenas — Certiorari and review — New registration.

  1. The commissioner has the authority to revoke any registration certificate for violation of any of the provisions of this part, or the rules and regulations promulgated under this part. The commissioner can refuse registration privileges when the product does not meet the requirements of this part. Upon information received, the commissioner shall, by written notice, establish a hearing for the registrant. The hearing shall be held within fifteen (15) days from the date of the mailing of the notice. If, after the hearing, the commissioner revokes the registration, then the right of appeal is reserved to the registrant. The commissioner has the power to subpoena any persons or records incident to the hearing and to administer oaths to those giving evidence. In case of contumacy or refusal to obey a subpoena issued to any person, any circuit or chancery court of this state within the county in which the investigation is carried on, or in which the person guilty of contumacy or refusal to obey is found or resides or transacts business, or where that person's principal place of business is located, upon application by the commissioner, shall have jurisdiction to issue to that person an order requiring that person to appear before the commissioner at a specified time and place and then and there produce evidence, if so ordered, or there to give testimony touching the matter under investigation or subject of inquiry, or answer any question, and any failure to obey such order of the court may be punished by the court as a contempt thereof as provided by law. A court reporter shall be in attendance at all registration revocation hearings.
  2. The action of the commissioner may be reviewed by petition for statutory writ of certiorari addressed to the circuit or chancery court where the offense occurs, and the petition shall be filed within ten (10) days from the date of the order of revocation issued by the commissioner. Upon the grant of the writ of certiorari, the commissioner shall certify to the court a complete transcript of the proceedings instituted before the commissioner. This certified transcript shall constitute the whole record, and no additional proof or evidence shall be considered by the court. The decision of the commissioner shall remain final until the matter has been finally resolved by the courts.
  3. If, after revocation of the registrant's registration, the registrant complies with requirements of the law as provided and makes manifest in writing the registrant's intentions to forthwith observe the law, upon payment of the cost of the hearing the commissioner may reissue a new registration upon payment of the required fees. Reapplication may be made on such forms as provided by the commissioner, except in no case will reissuance of registration privileges be allowed where fraudulent or deceptive practices are shown.

Acts 1969, ch. 102, § 17; T.C.A., § 43-1137.

43-11-118. Notice of violations — Hearing — Certification of facts to prosecuting attorney.

If it appears from the examination of any commercial fertilizer that any of the provisions of this part or the rules and regulations issued under this part have been violated, the commissioner shall cause notice of the violations to be given to the registrant, distributor, or possessor from whom the sample was taken; any person so notified shall be given an opportunity to be heard under such rules and regulations as may be prescribed by the commissioner. If it appears after the hearing, either in the presence or absence of the person so notified, that this part or rules and regulations issued under this part have been violated, the commissioner may certify the facts to the proper district attorney general.

Acts 1969, ch. 102, § 17; T.C.A., § 43-1138.

43-11-119. Penalty for violations.

Any person who violates or aids in violating any provision of this part, or any rules and regulations promulgated under this part, commits a Class C misdemeanor.

Acts 1969, ch. 102, § 17; T.C.A., § 43-1139; Acts 1989, ch. 591, § 113.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

Cited: Horn v. State, 553 S.W.2d 736, 1977 Tenn. LEXIS 588 (Tenn. 1977).

43-11-120. Prosecution of minor violations not required — Notice of warning.

Nothing in this part shall be construed as requiring the commissioner or the commissioner's representative to report for prosecution or for the institution of seizure proceedings as a result of minor violations of this part when the commissioner believes that the public interests will be best served by a suitable notice of warning in writing.

Acts 1969, ch. 102, § 17; T.C.A., § 43-1140.

43-11-121. Duty of district attorney general.

It is the duty of each district attorney general to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.

Acts 1969, ch. 102, § 17; T.C.A., § 43-1141.

43-11-122. Injunctions against violations.

The commissioner is authorized to make application to any chancery court of this state for a temporary or permanent injunction, restraining any person from violating or continuing to violate any of the provisions of this part or any rule or regulation promulgated under this part, notwithstanding the existence of other remedies at law. This injunction is to be issued without bond.

Acts 1969, ch. 102, § 17; T.C.A., § 43-1142.

43-11-123. Exchanges between manufacturers.

Nothing in this part shall be construed to restrict or avoid sales or exchanges of commercial fertilizers to each other by importers, manufacturers, or manipulators who mix fertilizer materials for sale or as preventing the free and unrestricted shipments of commercial fertilizer to manufacturers or manipulators who have registered their brands as required by the provisions of this part.

Acts 1969, ch. 102, § 18; T.C.A., § 43-1143.

43-11-124. Distribution of adulterated fertilizer products.

No person shall distribute an adulterated fertilizer product. A fertilizer shall be deemed to be adulterated if:

  1. It contains any deleterious or harmful ingredient in sufficient amount to render it injurious to beneficial plant life when applied in accordance with directions for use on the label, or if adequate warning statements or directions for use that may be necessary to protect plant life are not shown upon the label;
  2. Its composition falls below or differs from what it is purported to possess by its labeling; or
  3. It contains unwanted crop seed or weed seed.

Acts 1986, ch. 659, § 10.

43-11-125. Local legislation.

  1. No political subdivision may regulate the registration, packaging, labeling, sale, storage, distribution, use and application of fertilizers; and, in addition, no political subdivision may adopt or continue in effect local legislation relating to the registration, packaging, labeling, sale, storage, distribution, use or application of fertilizers. Local legislation in violation of this section is void and unenforceable.
  2. Subsection (a) shall not apply in any county having a population in excess of two hundred thousand (200,000), according to the 2000 federal census or any subsequent federal census.

Acts 2008, ch. 1040, §§ 2, 3.

Compiler's Notes. For tables of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

Effective Dates. Acts 2008, ch. 1040, § 4. May 28, 2008.

Part 2
Liming Materials [Repealed]

43-11-201 — 43-11-210. [Repealed.]

Compiler's Notes. Former §§ 43-11-20143-11-210 (Acts 1951, ch. 242, §§ 1-10 (Williams. §§ 519.6-519.15); Acts 1985, ch. 194, § 1; T.C.A. (orig. ed.), §§ 43-1201 — 43-1210, 43-12-101, 43-12-102, 43-12-10443-12-110; T.C.A., 43-12-103), concerning liming materials, were repealed by Acts 1989, ch. 7, § 1. For present law, see part 4 of this chapter.

Part 3
Anhydrous Ammonia

43-11-301. Short title.

This part shall be known and may be cited as the “Anhydrous Ammonia Storage and Equipment Law of Tennessee.”

Acts 1949, ch. 198, § 1; C. Supp. 1950, § 519.1; T.C.A. (orig. ed.), §§ 43-1301, 43-13-101.

Cross-References. Lien for farm implements and supplies, § 66-12-103.

Soil conservation, title 43, ch. 14.

43-11-302. Powers and duties of commissioner — Rules and regulations.

The commissioner of agriculture is vested with the power and authority and is charged with the duty of administering and enforcing this part, and has the authority to establish and enforce reasonable rules and regulations not inconsistent with this part, for the purpose of carrying out this part.

Acts 1949, ch. 198, § 2; C. Supp. 1950, § 519.2; T.C.A. (orig. ed.), §§ 43-1302, 43-13-102.

43-11-303. Part definitions.

  1. “Anhydrous ammonia,” when used exclusively for commercial fertilizer, is, for the purpose of this part, defined as follows: anhydrous ammonia contains eighty-two percent (82%) nitrogen. At atmospheric pressure, ammonia is a gas that exists as a liquid below minus twenty-eight degrees Fahrenheit (-28° F.), and boils at this temperature. In commerce, ammonia is compressed to a liquid and stored under pressure. The gauge pressure is seventy-five pounds (75 lbs.) per square inch at fifty degrees Fahrenheit (50° F.), and one hundred ninety-seven pounds (197 lbs.) per square inch at one hundred degrees Fahrenheit (100° F.). The pressures exerted by anhydrous ammonia are dangerous unless the proper safety devices are installed in the equipment and care is used in handling.
  2. “Dealers in anhydrous ammonia and equipment,” as covered by this part, are all persons, firms, corporations or associations who buy and sell or distribute at wholesale or retail to users and consumers, anhydrous ammonia as a fertilizer, or equipment used in the installation, storage, handling, utilization and dispensing of anhydrous ammonia as a fertilizer. Manufacturers of anhydrous ammonia, or manufacturers or jobbers that wholesale anhydrous ammonia equipment, when sold to dealers or distributors, as defined in this part, or any person or persons, firms or corporations owning or maintaining storage facilities for anhydrous ammonia as a fertilizer for their own use and accommodation, and for the use and accommodation of their tenant or sharecropper, are not to be classed as dealers within the meaning and intention of this part.

Acts 1949, ch. 198, § 3; C. Supp. 1950, § 519.3; T.C.A. (orig. ed.), §§ 43-1303, 43-13-103.

NOTES TO DECISIONS

1. Proof Beyond a Reasonable Doubt.

State was required, under T.C.A. §§ 39-17-433 and 43-11-303, at the time of defendant's commission of the crime, to prove the chemical composition of anhydrous ammonia beyond a reasonable doubt, and because no chemical test was performed to determine the composition of the substance found, the evidence was insufficient to support defendant's conviction. State v. Marise, 197 S.W.3d 762, 2006 Tenn. LEXIS 640 (Tenn. 2006).

43-11-304. Dealers' permit necessary before doing business — Bond for compliance with provisions — Financial responsibility.

  1. No person, firm, corporation or association shall engage in business as a dealer in anhydrous ammonia as a fertilizer, or as a dealer in equipment used in the handling of anhydrous ammonia as a fertilizer within this state without first having obtained from the commissioner of agriculture a permit. This permit shall be issued only after proper written application is made and filed and after all requirements established with respect to dealers have been complied with by the applicant.
  2. Before engaging in business as a dealer, the applicant for a permit shall furnish a bond for the sum of one thousand dollars ($1,000) with good and solvent surety, payable to the state of Tennessee, and issued by a bonding company or companies licensed to do business in this state and acceptable by the commissioner, which bond shall serve as a guarantee that the dealer will comply with all the provisions of this part and all of the rules and regulations established with respect to the sale and handling of anhydrous ammonia as a fertilizer, and the sale and handling or installation of equipment used in the handling of anhydrous ammonia as a fertilizer.
  3. Before engaging in business as a dealer, the applicant for a permit shall satisfy the commissioner that the applicant is financially responsible; and this provision as to financial responsibilities will be complied with by filing with the commissioner evidence that the applicant has applied for and the applicant's application for insurance has been approved, on standard contract forms, and to be issued by insurance company or companies licensed to do business in this state in an amount of not less than twenty-five thousand dollars ($25,000).
  4. In lieu of filing with the commissioner evidence of insurance coverages as set forth in subsection (c), the applicant may file with the commissioner a good and sufficient surety bond executed by a surety company licensed to do business in the state of Tennessee, in an amount not to exceed twenty-five thousand dollars ($25,000), which bond shall be payable to the state of Tennessee and shall be conditioned to guarantee the payment of all damages for which the dealer may be legally responsible while engaged in the business as a dealer.

Acts 1949, ch. 198, § 4; C. Supp. 1950, § 519.4; T.C.A. (orig. ed.), §§ 43-1304, 43-13-104.

43-11-305. Punishment of violations.

A violation of this part or rules and regulations promulgated under this part is a Class C misdemeanor.

Acts 1949, ch. 198, § 5; C. Supp. 1950, § 519.5; T.C.A. (orig. ed.), §§ 43-1305, 43-13-105; Acts 1989, ch. 591, § 113.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

Part 4
Liming Materials

43-11-401. Short title.

This part shall be known and may be cited as the “Tennessee Agricultural Liming Materials Act.”

Acts 1989, ch. 7, § 2.

Cross-References. Lien for farm implements and supplies, § 66-12-103.

Soil conservation, title 43, ch. 14.

43-11-402. Part definitions.

As used in this part, unless the context requires otherwise:

  1. “Agricultural liming materials” means a product whose calcium and magnesium compounds are capable of neutralizing soil acidity, and including, but not limited to, limestone, burnt lime, hydrated lime, marl, industrial by-products, calcitic limestone, dolomatic limestone, and ground shells;
  2. “AOAC” means the Association of Official Analytical Chemists;
  3. “Brand” means the term, designation, trademark, product name or other specific designation under which individual agricultural liming material is offered for sale;
  4. “Bulk” means material or product in nonpackaged form;
  5. “Calcium carbonate equivalent” means the acid neutralizing capacity of an agricultural liming material expressed as weight percentage of calcium carbonate;
  6. “Commissioner” means the commissioner of agriculture or the commissioner's duly authorized representatives;
  7. “Fineness” means the percentage by weight of the material that will pass United States standard sieves of specified sizes as established by regulations pursuant to this part;
  8. “Label” means any written or printed matter on or attached to the package or on the delivery ticket that accompanies bulk shipments;
  9. “Manufacturer” means any person in the business of making, shaping, or packaging an agricultural liming material into a form that will remain virtually unaltered until it reaches the hands of the final consumer;
  10. “Percent” or “percentage” means percent or percentage as measured by weight;
  11. “Person” means an individual, partnership, association, firm or corporation;
  12. “Ton” means a net weight of two thousand pounds (2,000 lbs.) avoirdupois; and
  13. “Weight” means the weight of undried material as offered for sale.

Acts 1989, ch. 7, § 3.

43-11-403. Labeling and identification.

  1. Agricultural liming materials sold, offered or exposed for sale in the state shall have affixed to each package in a conspicuous manner on the outside thereof, a plainly printed, stamped or otherwise marked label, tag or statement, or in the case of bulk sales, a delivery slip, setting forth at least the following information:
    1. The name and principal office address of the manufacturer or distributor;
    2. The brand or trade name of the material;
    3. The identification of the product as to the type of the agricultural liming material;
    4. The net weight of the agricultural liming material;
    5. The minimum percentage of calcium oxide and magnesium oxide and/or calcium carbonate and magnesium carbonate;
    6. Calcium carbonate equivalent as determined by methods prescribed by the Association of Official Analytical Chemists. Minimum calcium carbonate equivalents will be as prescribed by regulation;
    7. The minimum percent by weight passing through United States standard sieves as prescribed by regulations; and
    8. The minimum guaranteed content of available potassium (expressed as soluble Potash, K2O) or phosphorous (expressed as phosphoric acid, P2O5) if claimed.
  2. No information or statement shall appear on any package, label, delivery slip or advertising matter that is false or misleading to the purchaser as to the quality, analysis, type or composition of the agricultural liming material.
  3. In the case of any material that has been adulterated subsequent to packaging, labeling or loading thereof and before delivery to the consumer, a plainly marked notice to that effect shall be affixed by the vendor to the package or delivery slip to identify the kind and degree of such adulteration.
  4. At every site from which agricultural liming materials are delivered in bulk and at every place where consumer orders for bulk deliveries are placed, there shall be conspicuously posted a copy of the statement required by this section for each brand of material.
  5. When the commissioner finds, after public hearing following due notice, that the requirement for expressing the calcium and magnesium in elemental form would not impose an economic hardship on distributors and users of agricultural liming materials by reason of conflicting label requirements among the states, the commissioner may require by regulation thereafter that the minimum percentage of calcium oxide and magnesium oxide and/or calcium carbonate and magnesium carbonate shall be expressed in the following form:

    Total calcium (Ca)   percent

    Total magnesium (Mg)   percent

    provided, that the effective date of such regulation shall be not less than six (6) months following the issuance of the regulation; and provided further, that for a period of two (2) years following the effective date of the regulation, the equivalent of calcium and magnesium may also be shown in the form of calcium oxide and magnesium oxide and/or calcium carbonate and magnesium carbonate.

Acts 1989, ch. 7, § 4.

43-11-404. Prohibited sales — Toxic materials.

  1. No agricultural liming material shall be sold or offered for sale in this state unless it complies with this part and regulations pertaining to this part.
  2. No agricultural liming material shall be sold or offered for sale in this state that contains toxic materials in quantities injurious to plants or animals.

Acts 1989, ch. 7, § 5.

43-11-405. License applications — Manufacturers.

  1. Every manufacturer who distributes liming materials in this state shall submit an application for a license to the commissioner on or before July 1 of each year, or prior to the manufacture or distribution of the liming material. All applications shall be submitted on forms furnished by the commissioner.
  2. All license applications must be accompanied by payment of a fee set by rule pursuant to § 43-1-703. All licenses expire on June 30 of the following year.

Acts 1989, ch. 7, § 6; 2015, ch. 485, § 14.

Amendments. The 2015 amendment, in (a), substituted “who distributes” for “distributing” following “manufacturer” and substituted “July 1” for “July 15”; in (b), substituted “payment of a fee set by rule pursuant to § 43-1-703” for “a fee of one hundred dollars ($100)” at the end of the first sentence.

Effective Dates. Acts 2015, ch. 485, § 41. July 1, 2015; May 20, 2015, for the purpose of promulgating rules.

43-11-406. [Repealed.]

Acts 1989, ch. 7, § 7; repealed by Acts 2015, ch. 485, § 15, effective July 1, 2015.

Compiler's Note. Former § 43-11-406 concerned reporting of manufacturers' sales.

43-11-407. Sampling and testing of materials.

  1. It is the duty of the commissioner, who may act through an authorized agent to sample, inspect, make analyses of, and test agricultural liming materials distributed within this state as the commissioner or the commissioner's agent may deem necessary to determine whether the agricultural liming materials are in compliance with this part. The commissioner, individually or through the commissioner's agent, is authorized to enter upon any public or private premises or carriers during regular business hours in order to have access to agricultural liming material subject to this part and regulations pertaining to this part, and to the records relating to their distribution.
  2. The methods of analysis and sampling shall be those approved by the commissioner and shall be guided by AOAC procedures.

Acts 1989, ch. 7, § 8.

43-11-408. Stop sale, or use or removal order.

When the commissioner finds any lot of agricultural liming materials is being offered or exposed for sale in violation of any of the provisions of this part, the commissioner may issue a “stop sale, or use or removal” order to the owner of the lot of materials. The commissioner may hold the lot at a designated place until the law has been complied with or otherwise legally disposed of by written permission of the commissioner.

Acts 1989, ch. 7, § 9.

43-11-409. License suspension or revocation.

The commissioner shall have the authority to suspend or revoke any license in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, this part, and the rules and regulations promulgated under this part.

Acts 1989, ch. 7, § 10.

43-11-410. Rules and regulations.

The commissioner is authorized to promulgate rules and regulations to effectuate the purposes of this part. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

Acts 1989, ch. 7, § 12.

43-11-411. Violations — Penalties.

A violation of this part, or any rule or regulation promulgated thereunder, is a Class C misdemeanor.

Acts 1989, ch. 7, § 11; 1989, ch. 591, § 113.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

Chapter 12
Liming Materials [Transferred]

43-12-101 — 43-12-110. [Transferred.]

Compiler's Notes. Former chapter 12, §§ 43-12-10143-12-110, concerning liming materials, was transferred to ch. 11, part 2 of this title in 1987 and repealed in 1989.

Chapter 13
Anhydrous Ammonia [Transferred]

43-13-101 — 43-13-105. [Transferred.]

Compiler's Notes. Former chapter 13, §§ 43-13-10143-13-105, concerning anhydrous ammonia was transferred to ch. 11, part 3 of this title in 1987.

Chapter 14
Soil Conservation

Part 1
Assent to Federal Law

43-14-101. Assent of general assembly to federal act — Policy of state — Duties of trustees of university.

The assent of the general assembly is given to the provisions and requirements of the “Soil Conservation and Domestic Allotment Act” (Public Law No. 46, 74th Congress, approved April 27, 1935, as amended). The general assembly adopts as the policy of the state the policy of cooperating with the governments and agencies of other states and of the United States in carrying out the policy and purposes, specified in § 7(a) of that act of congress, and, in order to effectuate this policy, the trustees of the University of Tennessee are authorized and empowered to:

  1. Formulate, with the assistance of the extension service and the agricultural experiment station, pursuant to the standards therefor set forth in § 7(a) of the Soil Conservation and Domestic Allotment Act, agricultural plans for this state for each calendar year, and from time to time, make such revisions in these plans as may be necessary to effectuate those purposes;
  2. Prescribe such rules and regulations with reference to the administration of the plans, including provision for participation in the administration of the plans by county and community committees, or associations of agricultural producers, organized for such purpose, as may be necessary or expedient for the effective administration of the plans;
  3. Provide in the plans for their administration by the trustees of the University of Tennessee, who are designated and authorized as the state agency of the state to administer the plans;
  4. Submit the state plans to the secretary of agriculture of the United States, prior to such time and in such manner and form as the secretary may prescribe;
  5. Receive on behalf of the state of Tennessee any grants made pursuant to § 7 of the Soil Conservation and Domestic Allotment Act, and to utilize and expend the grants in accordance with such state agricultural plans as may have been approved by the secretary of agriculture;
  6. Utilize the available services and assistance of other state agencies of this state, including the agricultural experiment station and the extension service of the University of Tennessee, and exercise such powers and authorities, as may be necessary or proper to the performance of their duties and functions under this section;
  7. Provide for the submission to the secretary of agriculture of such reports as may be required to ascertain whether the plans are being carried out according to their terms and assure the correctness, and make possible verification, of the reports; and
  8. Submit to the governor an annual report for each year covering the administration and operation of the program.

Acts 1937, ch. 44, § 1; C. Supp. 1950, § 552.1 (Williams, § 552.30); T.C.A. (orig. ed.), § 43-1401; Acts 2004, ch. 517, § 5.

Compiler's Notes. The Soil Conservation and Domestic Allotment Act, referred to in this section, is compiled in 16 U.S.C. §§ 590a — 590q-3.

Acts 2004, ch. 517, § 15 provided that the University of Tennessee extension service shall spend no funds beyond those currently budgeted to accelerate the replacement of signs, letterhead, and business cards on account of the provisions of the act.

Cross-References. Agricultural District and Farmland Preservation Act, title 43, ch. 34.

Chickasaw Basin authority cooperation with county soil conservation districts and conservation boards, § 64-1-210.

County appropriations for soil conservation purposes, § 5-9-106.

Flood control authorities, title 64, chapter 3.

Soil conservation payments due deceased person, to whom made, § 31-1-107.

Watershed areas, title 69, ch. 6.

West Tennessee river basin authority cooperation with county soil conservation districts, § 64-1-1107.

Law Reviews.

An Examination of the Tennessee Law of Administrative Procedure (George Street Boone), 1 Vand. L. Rev. 339.

Comparative Legislation. Soil conservation districts:

Ala.  Code § 9-8-20 et seq.

Ark.  Code § 14-125-101 et seq.

Ga. O.C.G.A. § 2-6-1 et seq.

Ky. Rev. Stat. Ann. § 262.010 et seq.

Miss.  Code Ann. § 69-27-1 et seq.

Mo. Rev. Stat. § 278.060 et seq.

N.C. Gen. Stat. § 139-1 et seq.

Va. Code § 10.1-5 et seq.

Collateral References. Agriculture 2.

Part 2
Soil Conservation Districts

43-14-201. Short title.

This part shall be known and may be cited as the “Soil Conservation Districts Law.”

Acts 1939, ch. 197, § 1; C. Supp. 1950, § 552.2 (Williams, § 552.31); T.C.A. (orig. ed.), § 43-1501.

Cross-References. Agricultural District and Farmland Preservation Act, title 43, ch. 34.

Chickasaw Basin authority cooperation with county soil conservation districts and conservation boards, § 64-1-210.

County appropriations for soil conservation purposes, § 5-9-106.

County appropriations for soil conservation purposes, § 5-9-106.

Flood control authorities, title 64, chapter 3.

Watershed areas, title 69, ch. 6.

West Tennessee river basin authority cooperation with county soil conservation districts, § 64-1-1107.

43-14-202. Part definitions.

As used in this part, unless the context otherwise requires:

  1. “Agency of this state” includes the government of this state and any subdivision, agency, or instrumentality, corporate or otherwise, of the government of this state;
  2. “Committee” means the agency created in § 43-14-203;
  3. “District” or “soil conservation district” means a subdivision of this state and a public body corporate and politic, organized in accordance with this part, for the purpose, with the powers, and subject to the restrictions set forth in this part;
  4. “Due notice” means notice published at least twice, with an interval of at least seven (7) days between the two (2) publication dates, in a newspaper or other publication of general circulation within the appropriate area, or, if no such publication of general circulation is available, by posting at a reasonable number of conspicuous places within the appropriate area, the posting to include, where possible, posting at public places where it may be customary to post notices concerning county or municipal affairs generally. At any hearing held, pursuant to such notice, at the time and place designated in the notice, adjournment may be made from time to time without the necessity of renewing the notice for the adjourned dates;
  5. “Government” or “governmental” includes the government of this state, the government of the United States, and any subdivision, agency, or instrumentality, corporate or otherwise of either of them;
  6. “Land occupier” or “occupier of land” includes any person, firm or corporation, other than the owner who is in possession of any lands lying within a district organized under this part, whether as lessee, renter, tenant or otherwise;
  7. “Landowner” or “owner of land” includes any person, firm or corporation who holds legal or equitable title to any lands lying within a district organized under this part;
  8. “Nominating petition” means a petition filed under § 43-14-216 to nominate candidates for the office of supervisor of a soil conservation district;
  9. “Petition” means a petition filed under § 43-14-207 for the creation of a district;
  10. “State” means the state of Tennessee;
  11. “Supervisor” means one (1) of the members of the governing body of a district, elected or appointed in accordance with this part; and
  12. “United States” or “agencies of the United States” includes the United States, the soil conservation service of the United States department of agriculture, and any other agency or instrumentality, corporate or otherwise, of the United States.

Acts 1939, ch. 197, § 3; C. Supp. 1950, § 552.3 (Williams, § 552.33); T.C.A. (orig. ed.), § 43-1502.

Collateral References.

What is a “public place” within requirements as to posting of notices. 90 A.L.R.2d 1210.

43-14-203. State soil conservation committee.

  1. There is established a state soil conservation committee to perform the functions conferred upon it in this part.
    1. The committee shall consist of seven (7) representatives: one (1) farmer and one (1) supervisor from east Tennessee; one (1) farmer and one (1) supervisor from middle Tennessee; one (1) farmer and one (1) supervisor from west Tennessee; one (1) supervisor from the state at large, and three (3) ex officio members.
    2. The following shall serve as ex officio members of the committee: The dean of the college of agricultural sciences and natural resources of the University of Tennessee, located at Knoxville; the commissioner of agriculture, located at Nashville; and the commissioner of environment and conservation, located at Nashville.
    3. An ex officio member of the committee shall hold office so long as the member retains the office by virtue of which such member is serving on the committee.
  2. The first appointees shall serve as follows: west Tennessee, the supervisor member shall serve for a term of one (1) year and the farmer member shall serve for two (2) years; middle Tennessee, the supervisor shall serve for two (2) years and the farmer member shall serve for three (3) years; east Tennessee, the supervisor member shall serve for three (3) years and the farmer member shall serve for one (1) year. The supervisor from the state at large shall serve for three (3) years and, at the expiration of the first term of office, all members thereafter shall serve for a term of three (3) years.
  3. The governor shall appoint all farmer and all supervisor members, and shall fill all vacancies by appointment as these occur. In making appointments to the committee, the governor shall strive to ensure that at least one (1) person appointed to serve on the committee is sixty (60) years of age or older and that at least one (1) person appointed to serve on the committee is a member of a racial minority. A duly appointed supervisor member of the committee who ceases to hold the position of soil conservation district supervisor will continue to serve on the committee until the normal expiration of such member's term.
  4. The committee shall keep a record of its official actions, shall adopt a seal, which seal shall be judicially noticed, and may perform such acts, hold such public hearings, and promulgate such rules and regulations as may be necessary for the execution of its functions under this part.

Acts 1939, ch. 197, § 4; C. Supp. 1950, § 552.4 (Williams, § 552.34); Acts 1957, ch. 158, § 1; T.C.A. (orig. ed.), § 43-1503; Acts 1988, ch. 1013, § 14.

Compiler's Notes. The soil conservation committee, created by this section, terminates June 30, 2022. See §§ 4-29-112, 4-29-243.

Attorney General Opinions. The state soil conservation committee and soil conservation districts are state entities and are eligible for liability coverage and participation in the relevant risk management programs, OAG 07-143 (10/11/07).

43-14-204. Employment of officers, agents and employees — Duties — Compensation.

  1. The soil conservation committee may employ an administrative officer and such technical experts and such other agents and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties and compensation.
  2. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
  3. The committee may call upon the attorney general and reporter for such legal services as it may require.
  4. The committee has the authority to delegate to its chair, to one (1) or more of its members, or to one (1) or more agents or employees, such powers and duties as it may deem proper.

Acts 1939, ch. 197, § 4; C. Supp. 1950, § 552.4 (Williams, § 552.34); Acts 1957, ch. 158, § 1; 1976, ch. 806, § 1(80); T.C.A. (orig. ed.), § 43-1504.

43-14-205. Organization of committee — Quorum — Expenses — Bonds of employees — Records — Annual audit — Meetings.

  1. The committee shall designate one (1) of the farmer-supervisor members as its chair, and may, from time to time, change such designation.
  2. A majority of the committee shall constitute a quorum, and the concurrence of a majority in any matter within their duties shall be required for its determination.
  3. The chair and members of the committee shall receive no compensation for their services on the committee, but shall be entitled to expenses, including traveling expenses, necessarily incurred in the discharge of their duties on the committee. All reimbursements for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
  4. The committee shall provide for the execution of surety bonds for all employees and officers who shall be entrusted with funds or property, shall provide for the keeping of a full and accurate record of all proceedings and of all resolutions, regulations, and orders issued or adopted, and shall provide for an annual audit of the accounts of receipts and disbursements.
    1. The committee shall hold at least four (4) meetings each year.
      1. Any member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year shall be removed as a member of the committee.
      2. The committee's chair shall promptly notify, or cause to be notified, the appointing authority of any member who fails to satisfy the attendance requirement as prescribed in subdivision (e)(2)(A).

Acts 1939, ch. 1194, § 4; C. Supp. 1950, § 552.4 (Williams, § 552.34); Acts 1957, ch. 158, § 1; 1976, ch. 806, § 1(80); T.C.A. (orig. ed.) § 43-1505; Acts 1986, ch. 888, § 1; 2016, ch. 775, § 3.

Amendments. The 2016 amendment added (e)(2).

Effective Dates. Acts 2016, ch. 775 § 4. April 12, 2016.

43-14-206. Duties and powers of committee.

In addition to other duties and powers conferred upon the state soil conservation committee in this part, it has the duties and powers to:

  1. Offer such assistance as may be appropriate to the supervisors of soil conservation districts, organized as provided in this part, in the carrying out of any of their powers and programs;
  2. Keep supervisors of each of the several districts organized under this part informed of the activities and experience of all other districts organized under this part, and facilitate an interchange of advice and experience among the districts and cooperation between them, and publish an annual report;
  3. Coordinate the programs of the several soil conservation districts organized under this part so far as they may be done by advice and consultation;
  4. Secure the cooperation and assistance of the United States and any of its agencies, and of agencies of this state, in the work of watershed districts and soil conservation districts;
  5. Disseminate information throughout the state concerning the activities and programs of the soil conservation districts and watershed districts, and encourage and facilitate the formation of such districts in areas where their organization is desirable;
  6. Constitute the committee as the state agency having the sole responsibility to administer and approve watershed districts and programs under acts of congress now in effect or hereafter enacted;
  7. Collect and disseminate data and information concerning the causes, extent, and location of soil erosion problems in the state and study alternative solutions to these problems;
  8. Develop and maintain a long-range comprehensive statewide plan for the conservation of Tennessee's soils, and revise this state plan from time to time as needed in consultation with appropriate sources of information; and
  9. Prepare and submit annually to the commissioner of agriculture an annual report and a budget request adequate to allow for the implementation of soil conservation programs in Tennessee.

Acts 1939, ch. 197, § 4; C. Supp. 1950, § 552.4 (Williams, § 552.34); Acts 1957, ch. 158, § 1; 1959, ch. 164, § 1; T.C.A. (orig. ed.), § 43-1506; Acts 1986, ch. 888, § 2.

43-14-207. Landowners petitioning for organization of soil conservation district — Consolidation of petitions.

  1. Any twenty-five (25) owners of land lying within the limits of the territory proposed to be organized into a district may file a petition with the state soil conservation committee asking that a soil conservation district be organized to function in the territory described in the petition. The description shall not be required to be given by metes and bounds or by legal subdivision, but shall be deemed sufficient if generally accurate.
  2. Where more than one (1) petition is filed covering parts of the same territory, the state soil conservation committee may consolidate all or any such petitions.

Acts 1939, ch. 197, § 5; C. Supp. 1950, § 552.5 (Williams, § 552.35); T.C.A. (orig. ed.), § 43-1507.

43-14-208. Hearing — Notice — Right of interested parties to be heard — Determination by committee of question of need of district.

  1. Within sixty (60) days after a petition has been filed with the state soil conservation committee, it shall cause due notice to be given of a proposed hearing upon the question of the desirability and necessity, in the interest of the public health, safety, and welfare, of the creation of such districts, upon the question of the appropriate boundaries to be assigned to such districts, upon the propriety of the petition and other proceedings taken under this part, and upon all questions relevant to such inquiries. All owners and occupiers of land within the limits of the territory described in the petition, and of lands within any territory considered for addition to the described territory, and all other interested parties, shall have the right to attend the hearings and to be heard. If it shall appear upon the hearing that it may be desirable to include, within the proposed district, territory outside of the area within which due notice of the hearing has been given, the hearing shall be adjourned and due notice of further hearing shall be given throughout the entire area considered for inclusion in the district, and the further hearing held.
  2. If the committee determines, after the hearing, that, upon the facts presented at the hearing and upon such other relevant facts and information as may be available, there is need, in the interest of the public health, safety, and welfare, for a soil conservation district to function in the territory considered at the hearing, it shall make and record this determination, and shall define, by metes and bounds or by legal subdivision, the boundaries of such districts. In making this determination and in defining the boundaries, the committee shall give due weight and consideration to the topography of the area considered and of the state, the composition of soils therein, the distribution of erosion, the prevailing land-use practices, the desirability and necessity of including within the boundaries the particular lands under consideration and the benefits such lands may receive from being included within such boundaries, the relation of the proposed area to existing watersheds and agricultural regions, and to other soil conservation districts already organized or proposed for organization under this part, and such other physical, geographical and economic factors as are relevant. The territory to be included within the boundaries need not be contiguous. If the committee determines after the hearing, and after due consideration of the relevant facts, that there is no need for a soil conservation district to function in the territory considered at the hearing, it shall make and record this determination and shall deny the petition. After six (6) months have expired from the date of the denial of any such petition, subsequent petitions covering the same or substantially the same territory may be filed as mentioned in subsection (a) and new hearings held and determinations made on the petition.

Acts 1939, ch. 197, § 5; C. Supp. 1950, § 552.5 (Williams, § 552.35); T.C.A. (orig. ed.), § 43-1508.

43-14-209. Determination of administrative practicability and feasibility — Referendum.

  1. After the committee has made and recorded a determination that there is need, in the interest of the public health, safety and welfare, for the organization of a district in a particular territory and has defined the boundaries of the district, it shall consider the question whether the operation of a district within those boundaries, with the powers conferred upon soil conservation districts in this part, is administratively practicable and feasible.
  2. To assist the committee in the determination of administrative practicability and feasibility, it is the duty of the committee, within a reasonable time after entry of the finding that there is need for the organization of the proposed district and the determination of the boundaries thereof, to hold a referendum within the proposed district upon the proposition of the creation of the district, and to cause due notice of the referendum to be given. All owners of lands lying within the boundaries of the territory, as determined by the state soil conservation committee, shall be eligible to vote in the referendum. Only such landowners shall be eligible to vote.

Acts 1939, ch. 197, § 5; C. Supp. 1950, § 552.5 (Williams, § 552.35); T.C.A. (orig. ed.), § 43-1509.

Law Reviews.

An Examination of the Tennessee Law of Administrative Procedure (George Street Boone), 1 Vand. L. Rev. 339.

Cited: Bemis Pentecostal Church v. State, 731 S.W.2d 897, 1987 Tenn. LEXIS 1064 (Tenn. 1987).

43-14-210. Committee supervising hearings and referenda and paying expenses — Informalities, effect.

The committee shall pay all expenses for the issuance of notices and the conduct of hearings and referenda, and shall supervise the conduct of the hearings and referenda. It shall issue appropriate regulations governing the conduct of the hearings and referenda, and providing for the registration, prior to the date of the referendum, of all eligible voters, or prescribing some other appropriate procedure for the determination of those eligible as voters in such referendum. No informalities in the conduct of the referendum or in any matter relating thereto shall invalidate the referendum or the result thereof, if notice thereof has been given substantially as provided in this part and the referendum has been fairly conducted.

Acts 1939, ch. 197, § 5; C. Supp. 1950, § 552.5 (Williams, § 552.35); T.C.A. (orig. ed.), § 43-1510.

43-14-211. Result of referendum published — Determination whether operation of district administratively practicable.

The committee shall publish the result of the referendum and shall thereafter consider and determine whether the operation of the district within the defined boundaries is administratively practicable and feasible. If the committee determines that the operation of the district is not administratively practicable and feasible, it shall record this determination and deny the petition. If the committee determines that the operation of the district is administratively practicable and feasible, it shall record this determination and shall proceed with the organization of the district in the manner provided in this part. In making this determination, the committee shall give due regard and weight to the attitudes of the owners and occupiers of lands lying within the defined boundaries, the number of landowners eligible to vote in the referendum who have voted, the proportion of the votes cast in such referendum in favor of the creation of the district to the total number of votes cast, the approximate wealth and income of the landowners and occupiers of the proposed district, the probable expense of carrying on erosion-control operations within the district, and such other economic and social factors as may be relevant to such determination; provided, that the committee shall not have authority to determine that the operation of the proposed district within the defined boundaries is administratively practicable and feasible, unless at least a majority of the votes cast in the referendum upon the proposition of creation of the district have been cast in favor of the creation of the district.

Acts 1939, ch. 197, § 5; mod. C. Supp. 1950, § 552.5 (Williams, § 552.35); T.C.A. (orig. ed.), § 43-1511.

Attorney General Opinions. The state soil conservation committee and soil conservation districts are state entities and are eligible for liability coverage and participation in the relevant risk management programs, OAG 07-143 (10/11/07).

43-14-212. Naming proposed district upon determination of practicability — Appointment and election of supervisors — Application, form and contents — Statement of soil conservation committee — Issuance of certificate — Boundaries — Fee.

  1. If the committee determines that the operation of the proposed district within the defined boundaries is administratively practicable and feasible, it shall name the district and shall appoint two (2) supervisors to act, with the three (3) supervisors elected as provided in § 43-14-216, as the governing body of the district.
  2. The two (2) appointed supervisors shall present to the secretary of state an application signed by them, which shall set forth, and such application need contain no detail other than the mere recitals:
    1. That a petition for the creation of the district was filed with the state soil conservation committee pursuant to this part, and that the proceedings specified in this part were taken pursuant to the petition; that the application is being filed in order to complete the organization of the district; and that the committee has appointed them as supervisors;
    2. The name and official residence of each of the supervisors, together with a certified copy of the appointments evidencing their right to office;
    3. The term of office of each of the supervisors;
    4. The name that is proposed for the district; and
    5. The location of the principal office of the supervisors of the district.
    1. The application shall be subscribed and sworn to by each of the supervisors before an officer authorized by the laws of this state to take and certify oaths. The application shall be accompanied by a statement by the state soil conservation committee, which shall certify that, and such statement need contain no detail other than the mere recitals:
      1. A petition was filed, notice issued, and hearing held as mentioned in this part;
      2. The committee did duly determine that there is need, in the interest of the public health, safety, and welfare, for a soil conservation district to function in the proposed territory and did define the boundaries thereof;
      3. Notice was given and a referendum held on the question of the creation of the district;
      4. The result of the referendum showed a majority of the votes cast in such referendum to be in favor of the creation of the district; and
      5. Thereafter, the committee did duly determine that the operation of the proposed district is administratively practicable and feasible.
    2. The statement shall set forth the boundaries of the district as they have been defined by the committee.
  3. When the application and statement have been made, filed, and recorded in the office of the secretary of state, the district shall constitute a subdivision of this state and a public body corporate and politic. The secretary of state shall make and issue to the supervisors a certificate, under the seal of the state, of the due organization of the district, and shall record the certificate with the application and statement. The boundaries of the district shall include the territory as determined by the state soil conservation committee as mentioned in subsection (c), but in no event shall the district include any area included within the boundaries of another soil conservation district organized under this part.
  4. There shall be paid to the secretary of state, at the time the certificate is issued, the sum of five dollars ($5.00), which shall be in lieu of all other fees.

Acts 1939, ch. 197, § 5; 1941, ch. 83, § 1; C. Supp. 1950, § 552.5 (Williams, § 552.35); T.C.A. (orig. ed.), § 43-1512.

43-14-213. Subsequent petitions after determination of nonpracticability.

After six (6) months have expired from the date of entry of a determination by the state soil conservation committee that operation of a proposed district is not administratively practicable and feasible, and denial of a petition pursuant to the determination, subsequent petitions may be filed and action taken in accordance with this part.

Acts 1939, ch. 197, § 5; C. Supp. 1950, § 552.5 (Williams, § 552.35); T.C.A. (orig. ed.), § 43-1513.

43-14-214. Additional territory — Petition to include — Form and contents.

Petitions for including additional territory within an existing district may be filed with the state soil conservation committee. The proceedings provided for in this part in the case of petitions to organize a district shall be observed in the case of petitions for inclusion. The committee shall prescribe the form for such petitions, which shall be as nearly as may be in the form prescribed in this part for petitions to organize a district. Where the total number of landowners in the area proposed for inclusion is less than twenty-five (25), the petition may be filed when signed by a majority of the owners of the area, and, in such case, no referendum need be held. In referenda upon petitions for inclusion, all owners of land lying with the proposed additional area shall be eligible to vote.

Acts 1939, ch. 197, § 5; C. Supp. 1950, § 552.5 (Williams, § 552.35); T.C.A. (orig. ed.), § 43-1514.

43-14-215. Proper establishment of district proved in action by admission of certificate.

In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract, proceeding, or action of the district, the district shall be deemed to have been established, in accordance with this part, upon proof of the issuance of the certificate by the secretary of state. A copy of the certificate duly certified by the secretary of state shall be admissible in evidence in any suit, action, or proceeding and shall be proof of the filing and contents thereof.

Acts 1939, ch. 197, § 5; C. Supp. 1950, § 552.5 (Williams, § 552.35); T.C.A. (orig. ed.), § 43-1515.

43-14-216. Election of three supervisors for each district.

Within thirty (30) days after the date of issuance by the secretary of state of a certificate of organization of a soil conservation district, nominating petitions may be filed with the state soil conservation committee to nominate candidates for supervisors of the district. The committee shall have authority to extend the time within which nominating petitions may be filed. No nominating petition shall be accepted by the committee, unless it is subscribed to by twenty-five (25) or more owners of lands lying within the boundaries of such districts. Landowners may sign more than one (1) such nominating petition to nominate more than one (1) candidate for supervisor. The committee shall give due notice of an election to be held for the election of three (3) supervisors for the district. All owners of lands lying within the district shall be eligible to vote in the election. Only such landowners shall be eligible to vote. The three (3) candidates who receive the largest number, respectively, of the votes cast in the election shall be the elected supervisors for such district. The committee shall pay all the expenses of the election, shall supervise the conduct of the election, shall prescribe regulations governing the conduct of the election and the determination of the eligibility of voters in the election, and shall publish the results of the election.

Acts 1939, ch. 197, § 6; C. Supp. 1950, § 552.6 (Williams, § 552.36); T.C.A. (orig. ed.), § 43-1516.

43-14-217. Governing body of district — Qualifications and terms of supervisors — Quorum — Compensation and expenses — Employees — Program and policy.

  1. The governing body of the district shall consist of five (5) supervisors, elected or appointed, as provided in §§ 43-14-212 and 43-14-216. The two (2) supervisors appointed by the committee shall be persons who are, by training and experience, qualified to perform the specialized skilled service that will be required of them in the performance of their duties under this part.
  2. The supervisors shall designate a chair and may, from time to time, change such designation. The term of office of each supervisor shall be three (3) years, but the terms of office of the two (2) supervisors who are appointed by the committee shall not expire concurrently. A supervisor shall hold office until a successor has been elected or appointed and has qualified. Vacancies shall be filled for the unexpired term. The selection of successors to fill an unexpired term, or for a full term, shall be made in the same manner in which the retiring supervisors shall, respectively, have been selected. A majority of the supervisors shall constitute a quorum and the concurrence of a majority in any matter within their duties shall be required for its determination. Supervisors shall each receive the sum of thirty dollars ($30.00) per day for attending the meetings of the district; provided, that the total of such compensation to any member shall not exceed three hundred sixty dollars ($360) per year. This sum shall be in lieu of any and all other compensation for expenses.
  3. The supervisors may employ a secretary, technical experts and such other officers, agents and employees, permanent and temporary, as they may require, and shall determine their qualifications, duties and compensation. The supervisors may call upon the attorney general and reporter for such legal services as they may require. The supervisors may delegate to their chair, to one (1) or more supervisors, or to one (1) or more agents or employees, such powers and duties as they may deem proper. The supervisors shall furnish to the state soil conservation committee, upon request, copies of such ordinances, rules, regulations, orders, contracts, forms and other documents as they shall adopt or employ, and such other information concerning their activities as it may require in the performance of its duties under this part.
  4. The supervisors shall provide for the execution of surety bonds for all employees and officers who shall be entrusted with funds or property; shall provide for the keeping of a full and accurate record of all proceedings and of all resolutions, regulations and orders issued or adopted; and shall provide for an annual audit of the accounts of receipts and disbursements. Any supervisor may be removed by the state soil conservation committee upon notice and hearing for neglect of duty or malfeasance in office, but for no other reason.
  5. The supervisors may invite the legislative body of any municipality or county, located near the territory comprised within the district, to designate a representative to advise and consult with the supervisors of the district on all questions of program and policy that may affect the property, water supply, or other interests of such municipality or county.

Acts 1939, ch. 197, § 7; C. Supp. 1950, § 552.7 (Williams, § 552.37); T.C.A. (orig. ed.), § 43-1517; Acts 1980, ch. 508, § 1; 1985, ch. 32, § 1; 2007, ch. 295, § 1.

Amendments. The 2007 amendment substituted “thirty dollars ($30.00)” for “fifteen dollars ($15.00)”, substituted “attending the meetings” for “attendance at meetings”, and substituted “three hundred sixty dollars ($360)” for “one hundred eighty dollars ($180)” in the penultimate sentence of (b).

Effective Dates. Acts 2007, ch. 295, § 4. May 30, 2007.

43-14-218. Powers of districts and supervisors.

A soil conservation district organized under this part, and the supervisors of the district, shall have the power, in addition to other powers granted in this part to:

  1. Conduct surveys, investigations and research relating to the character of soil erosion and the preventive and control measures needed, publish the results of the surveys, investigations or research, and disseminate information concerning the preventive and control measures; provided, that in order to avoid duplication of research activities, no district shall initiate any research program except in cooperation with the state experiment station and the extension service of the University of Tennessee, or with the United States or any of its agencies;
  2. Conduct demonstrational projects within the district, upon obtaining the consent of the owner and occupier of lands, or the necessary rights or interests in lands, in order to demonstrate by example the means, methods and measures by which soil and soil resources may be conserved, and soil erosion in the form of soil washing may be prevented and controlled;
  3. Carry out preventive and control measures within the district, including, but not limited to, engineering operations, methods of cultivation, the growing of vegetation, and changes in use of land on any lands within the district, upon obtaining the consent of the owner and occupier of the lands or the necessary rights or interests in the lands;
  4. Cooperate, or enter into agreements, with any owner and occupier of lands within the district to carry out erosion control and prevention operations, to help improve traditional areas of farm production, and to encourage diversification and innovation of farming operations within the district, subject to such conditions as the supervisors may deem necessary to advance the purposes of this part;
  5. Enter into agreements with the department of agriculture and other agencies of the state to administer or assist in the administration of programs for the benefit of owners and occupiers of lands within the district in carrying out erosion control and prevention operations, improving traditional areas of farm production, diversifying farming operations and encouraging farming innovation and nontraditional agricultural activities within the district;
    1. Obtain options upon, and to acquire, by purchase, exchange, lease, gift, grant, bequest, devise, or otherwise, any property, real or personal, or rights or interests therein;
    2. Maintain, administer and improve any properties acquired, to receive income from the properties and to expend the income in carrying out the purposes and provisions of this part;
    3. Sell, lease or otherwise dispose of any of its property, or interests in any of its property, in furtherance of the purposes and the provisions of this part; and
    4. Subject to the approval of the commissioner of agriculture, or the commissioner's designee, borrow money for the purposes authorized by subdivisions (6)(A) and (B). All borrowings made pursuant to this subdivision (6)(D) shall be evidenced as notes in the form and manner required by title 9, chapter 21, part 6, and shall be subject to the approval of the comptroller of the treasury, or the comptroller's designee. The notes shall be secured in the following manner:
      1. Lawfully available district revenues and a guarantee of the full faith, credit, and unlimited taxing power of each local government within which the district is located; or
      2. Lawfully available district revenues and a statutory lien on the property financed by the notes;
  6. Make available, on such terms as it shall prescribe, to landowners and occupiers within the district, agricultural and engineering machinery and equipment, fertilizer, seeds and seedlings, except that all forest tree seedlings shall be obtained, insofar as available, from the nurseries of the forestry division, operated by the forestry division in cooperation with the United States forest service of the United States department of agriculture, and such other material or equipment as will assist such landowners and occupiers to carry on operations upon their lands for the conservation of soil resources and for the prevention and control of soil erosion;
  7. Construct, improve and maintain such structures as may be necessary or convenient for the performance of any of the operations authorized in this part;
  8. Develop comprehensive plans for the conservation of soil resources and for the control and prevention of soil erosion within the district, which plans shall specify, in such detail as may be possible, the acts, procedures, performances and avoidances that are necessary or desirable for the effectuation of the plans, including the specification of engineering operations, methods of cultivation, the growing of vegetation, cropping programs, tillage practices and changes in use of land, and publish the plans and information and bring them to the attention of owners and occupiers of lands within the district;
  9. Take over and administer any soil conservation, erosion control or erosion prevention project, located within its boundaries, undertaken by the United States or any of its agencies, as agent of the United States or any of its agencies; act as agent for the United States or any of its agencies; and accept donations, gifts and contributions in money, services, materials or otherwise, from the United States or any of its agencies, or from this state or any of its agencies, and use or expend such moneys, services, materials or other contributions in carrying on its operations;
  10. Sue and be sued in the name of the district; have a seal, which seal shall be judicially noticed; have perpetual succession, unless terminated as provided in § 43-14-223, to make and execute contracts and other instruments necessary or convenient to the exercise of its powers; and make, and from time to time amend and repeal, rules and regulations not inconsistent with this part, to carry into effect its purposes and powers;
  11. As a condition to extending any benefit under this part to, or the performance of work upon, any lands, the supervisors may require contributions in money, services, materials or otherwise to any operations conferring benefits, and may require landowners and occupiers to enter into and perform such agreements or covenants, as to the permanent use of such lands, as will tend to prevent or control erosion thereon; and
  12. Carry out, maintain and operate works of improvement for flood prevention and agricultural phases of conservation development, utilization, and disposal of water.

Acts 1939, ch. 197, § 8; C. Supp 1950, § 552.8 (Williams, § 552.38); Acts 1955, ch. 132, § 1; T.C.A. (orig. ed.), § 43-1518; Acts 1992, ch. 693, § 15; 2004, ch. 517, § 6; 2007, ch. 295, §§ 2, 3; 2016, ch. 966, § 1.

Compiler's Notes. Acts 2004, ch. 517, § 15 provided that the University of Tennessee extension service shall spend no funds beyond those currently budgeted to accelerate the replacement of signs, letterhead, and business cards on account of the act.

Amendments. The 2007 amendment, in (4), substituted “to carry out” for “in the carrying on of”, and inserted “, to help improve traditional areas of farm production, and to encourage diversification and innovation of farming operations”; and added present (5), and redesignated former (5)-(12) as present (6)-(13), respectively.

The 2016 amendment added (6)(D).

Effective Dates. Acts 2007, ch. 295, § 4. May 30, 2007.

Acts 2016, ch. 966, § 2. April 27, 2016.

43-14-219. Land-use regulations — Adoption — Amendment or repeal — Provisions.

  1. The supervisors of any district have the authority to formulate regulations governing the use of lands within the district, in the interest of conserving soil and soil resources and preventing and controlling soil erosion. The supervisors may conduct such public meetings and public hearings upon tentative regulations as may be necessary to assist them in this work. The supervisors shall not have authority to enact land-use regulations, until after they have caused due notice to be given of their intention to conduct a referendum for submission of the regulations to the owners of lands lying within the boundaries of the district, for their indication of approval or disapproval of the proposed regulations, and until after the supervisors have considered the result of the referendum. The proposed regulations shall be embodied in a proposed ordinance. Copies of the proposed ordinance shall be available for the inspection of all eligible voters during the period between publication of the notice and the date of the referendum. The notices of the referendum shall recite the contents of the proposed ordinance, or shall state where copies of the proposed ordinance may be examined. The supervisors shall supervise the referendum, shall prescribe appropriate regulations governing the conduct of the referendum, and shall publish the result of the referendum. All owners of lands within the district shall be eligible to vote in the referendum. Only landowners shall be eligible to vote. No informalities in the conduct of the referendum or in any matter relating thereto shall invalidate the referendum or the result of the referendum, if notice of the referendum has been given substantially as provided in this subsection (a) and the referendum has been fairly conducted.
  2. The supervisors shall not have authority to enact a proposed ordinance, unless at least two thirds (2/3) of the votes, cast in the referendum, of the landowners have been cast for approval of the proposed ordinance. The approval of the proposed ordinance by two thirds (2/3) of the votes cast in the referendum shall not be deemed to require the supervisors to enact the proposed ordinance into law. Land-use regulations prescribed in ordinances adopted, pursuant to this section, by the supervisors of any district shall have the force and effect of law in the district and shall be binding and obligatory upon all owners and occupiers of lands within the district.
  3. Any owner of land within the district may at any time file a petition with the supervisors asking that any or all of the land-use regulations prescribed in any ordinance adopted by the supervisors under this section shall be amended, supplemented or repealed. Land-use regulations prescribed in any ordinance adopted pursuant to this section shall not be amended, supplemented or repealed, except in accordance with the procedure prescribed in this section for adoption of land-use regulations. Referenda on adoption, amendment, supplementation or repeal of land-use regulations shall not be held more often than once in six (6) months.
  4. The regulations to be adopted by the supervisors under this section may include:
    1. Provisions requiring the carrying out of necessary engineering operations, including the construction of terraces, terrace outlets, check dams, dikes, ponds, ditches and other necessary structures;
    2. Provisions requiring observance of particular methods of cultivation, including contour cultivating, contour furrowing, lister furrowing, sowing, planting, strip cropping, seeding and planting of lands to water-conserving and erosion-preventing plants, trees and grasses, forestation and reforestation;
    3. Specifications of cropping programs and tillage practices to be observed;
    4. Provisions requiring the retirement from cultivation of highly erosive areas or of areas on which erosion may not be adequately controlled if cultivation is carried on; and
    5. Provisions for such other means, measures, operations and programs as may assist conservation of soil resources and prevent or control soil erosion in the district.
  5. The regulations shall be uniform throughout the territory comprised within the district, except that the supervisors may classify the lands within the district with reference to such factors as soil type, degree of slope, degree of erosion threatened or existing, cropping and tillage practices in use, and other relevant factors, and may provide regulations varying with the type or class of land affected, but uniform as to all lands within each class or type.
  6. Copies of land-use regulations adopted under this section shall be printed and made available to all owners and occupiers of lands lying within the district.

Acts 1939, ch. 197, § 9; C. Supp. 1950, § 552.9 (Williams, § 552.39); T.C.A. (orig. ed.), § 43-1519.

Cross-References. Vandalism, § 39-14-408.

Law Reviews.

An Examination of the Tennessee Law of Administrative Procedure (George Street Boone), 1 Vand. L. Rev. 339.

Cited: Bemis Pentecostal Church v. State, 731 S.W.2d 897, 1987 Tenn. LEXIS 1064 (Tenn. 1987).

43-14-220. Damages for violation of land-use regulations — Determining observance.

  1. Any landowner in the district, who sustains damages to the landowner's land as a result of violation of any land-use regulation by any other landowner in the district, may recover damages at law from the other landowner for such violation.
  2. The supervisors have the authority to go upon any lands within the district to determine whether land-use regulations adopted under § 43-14-219 are being observed.

Acts 1939, ch. 197, § 10; C. Supp. 1950, § 552.10 (Williams, § 552.40); T.C.A. (orig. ed.), § 43-1520.

43-14-221. Nonobservance of regulations basis of court action — Petition — Hearing — Enforcement of observance.

  1. Where the supervisors of any district find that any land-use regulations, prescribed in an ordinance adopted in accordance with § 43-14-219 are not being observed on particular lands, and that this non-observance tends to increase erosion on such lands and is interfering with the prevention or control of erosion on other lands within the district, the supervisors may present to the circuit court or chancery court, for the county in which the defendant's land lies, a petition, duly verified, setting forth the adoption of the ordinance prescribing land-use regulations, the failure of the defendant landowner or occupier to observe the regulations, and to perform particular work, operations, or avoidances as required by the regulations, and that the nonobservance tends to increase erosion on such lands and is interfering with the prevention or control of erosion on other lands within the district, and praying the court to require the defendant to perform the work, operations, or avoidances within a reasonable time, and to order that, if the defendant fails so to perform, the supervisors may go on the land, perform the work or other operations or otherwise bring the condition of the lands into conformity with the requirements of the regulations, and recover the costs and expenses of the work or other operations, with interest, from the defendant.
  2. Upon the presentation of the petition, the court shall cause process to be issued against the defendant, and shall hear the case. If it appears to the court that testimony is necessary for the proper disposition of the matter, it may take evidence, or appoint a referee to take such evidence as it may direct and report the evidence to the court with the referee's findings of fact and conclusions of law, which shall constitute a part of the proceedings upon which the determination of the court shall be made.
  3. The court may dismiss the petition; or it may require the defendant to perform the work, operations, or avoidances, and may provide that, upon the failure of the defendant to initiate performance within the time specified in the order of the court, and to prosecute the same to completion with reasonable diligence, the supervisors may enter upon the lands involved and perform the work or operations or otherwise bring the condition of the lands into conformity with the requirements of the regulations and recover the costs and expenses of the work or operations, with interest at the rate of five percent (5%) per annum, from the defendant. In all cases where the person in possession of lands, who fails to perform such work, operations, or avoidances, is not the owner, the owner of the lands shall be joined as party defendant.
  4. The court shall retain jurisdiction of the case until after the work has been completed. Upon completion of such work, pursuant to such order of the court, the supervisors may file a petition with the court, a copy of which shall be served upon the defendant in the case, stating the costs and expenses sustained by them in the performance of the work and praying judgment therefor with interest. The court shall have jurisdiction to enter judgment for the amount of such costs and expenses, with interest at the rate of five percent (5%) per annum until paid, together with the costs of suit, including a reasonable attorney's fee to be fixed by the court.

Acts 1939, ch. 197, § 11; C. Supp. 1950, § 552.11 (Williams, § 552.41); T.C.A. (orig. ed.), § 43-1521.

43-14-222. Cooperation between districts.

The supervisors of any two (2) or more districts organized under this part may cooperate with one another in the exercise of any or all powers conferred in this part.

Acts 1939, ch. 197, § 12; C. Supp. 1950, § 552.12 (Williams, § 552.42); T.C.A. (orig. ed.), § 43-1522.

43-14-223. Discontinuance of districts — Petition — Notice — Hearing — Referendum — Determination by committee — Termination of affairs — Certificate of dissolution.

  1. At any time after five (5) years after the organization of a district under this part, any twenty-five (25) owners of land, lying within the boundaries of the district, may file a petition with the state soil conservation committee praying that the operations of the district be terminated and the existence of the district discontinued. The committee may conduct such public meetings and public hearings upon the petition as may be necessary to assist it in the consideration thereof. Within sixty (60) days after such a petition has been received by the committee, it shall give due notice of the holding of a referendum, and shall supervise a referendum, and issue appropriate regulations governing the conduct of the referendum. All owners of land lying within the boundaries of the district shall be eligible to vote in the referendum. Only such landowners shall be eligible to vote. No informalities in the conduct of the referendum or in any matters relating to the referendum shall invalidate the referendum or the results of the referendum, if notice has been given substantially as provided in this subsection (a) and the referendum has been fairly conducted.
  2. The committee shall publish the results of the referendum and shall thereafter consider and determine whether the continued operation of the district within the defined boundaries is administratively practicable and feasible. If the committee determines that the continued operation of the district is administratively practicable and feasible, it shall record this determination and deny the petition. If the committee determines that the continued operation of the district is not administratively practicable and feasible, it shall record this determination and shall certify the determination to the supervisors of the district. In making this determination, the committee shall give due regard and weight to the attitudes of the owners and occupiers of lands lying within the district, the number of landowners eligible to vote in the referendum who have voted, the proportion of the votes cast in the referendum in favor of the discontinuance of the district to the total number of votes cast, the approximate wealth and income of the landowners and occupiers of the district, the probable expense of carrying on erosion control operations within the district, and such other economic and social factors as may be relevant to such determination; provided, that the committee shall not have authority to determine that the continued operation of the district is administratively practicable and feasible, unless at least a majority of the votes cast in the referendum have been cast in favor of the continuance of the district.
  3. Upon receipt from the committee of a certification that the committee has determined that the continued operation of the district is not administratively practicable and feasible, pursuant to this section, the supervisors shall forthwith proceed to terminate the affairs of the district. The supervisors shall dispose of all property belonging to the district at public auction and shall pay over the proceeds of such sale to be covered into the state treasury. The supervisors shall thereupon file an application, duly verified, with the secretary of state for the discontinuance of the district, and shall transmit with the application the certificate of the committee, setting forth the determination of the committee that the continued operation of the district is not administratively practicable and feasible. The application shall recite that the property of the district has been disposed of and the proceeds paid over, as in this section provided, and shall set forth a full accounting of the properties and proceeds of the sale. The secretary of state shall issue to the supervisors a certificate of dissolution and shall record the certificate in an appropriate book of record in the secretary of state's office.
  4. Upon issuance of a certificate of dissolution under this section, all ordinances and regulations previously adopted and in force within the districts shall be of no further force and effect. All contracts previously entered into, to which the district or supervisors are parties, shall remain in force and effect for the period provided in the contracts. The committee shall be substituted for the district or supervisors as party to the contracts. The committee shall be entitled to all benefits and subject to all liabilities under the contracts and shall have the same right and liability to perform, to require performance, to sue and be sued thereon, and to modify or terminate the contracts by mutual consent or otherwise, as the supervisors of the district would have had. The dissolution shall not affect the lien of any judgment entered under § 43-14-221, nor the pendency of any action instituted under that section, and the committee shall succeed to all the rights and obligations of the district or supervisors as to such liens and actions.
  5. The committee shall not entertain petitions for the discontinuance of any district nor conduct referenda upon such petitions nor make determinations pursuant to such petitions in accordance with this part, more often than once in five (5) years.

Acts 1939, ch. 197, § 13; C. Supp. 1950, § 552.13 (Williams, § 552.43); T.C.A. (orig. ed.), § 43-1523.

Part 3
Soil Conservation Associations

43-14-301. County legislative body authorized to purchase terracing equipment — Conditions.

Where there is organized in a county a soil conservation association, whose membership shall comprise bona fide landowners, incorporated under the Cooperative Marketing Law, compiled in chapter 16 of this title; and when sufficient members of the association have agreed with the association by written contract to pay their proportionate share of the cost of terracing, including operating cost and retirement of the original purchase price of the terracing equipment, a minimum total of five thousand (5,000) acres; and when the authorizing officers of the association have petitioned the county legislative body with proper evidence that bona fide landowners in the county desire to have a minimum of five thousand (5,000) acres terraced and pay their proportionate share of the cost of constructing the terraces, including the retirement of the original purchase price of the terracing equipment, the county legislative body is authorized within its own discretion to make an appropriation for the purchase of terracing equipment for use on farm lands in the county, and on farms of the members of the association, and the county legislative body shall be reimbursed for the original cost of the equipment through the payment by each member of the association of that member's proportionate share of the cost of the equipment, including operating cost for each acre of land terraced.

Acts 1937 (2nd E. S.), ch. 5, § 2; C. Supp. 1950, § 552.14 (Williams, § 584.10); impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 43-1601.

Cross-References. Agricultural District and Farmland Preservation Act, title 43, ch. 34.

Chickasaw Basin authority cooperation with county soil conservation districts and conservation boards, § 64-1-210.

Cooperative marketing associations, § 43-16-102.

County appropriations for soil conservation purposes, § 5-9-106.

Flood control authorities, title 64, chapter 3.

Watershed areas, title 69, ch. 6.

West Tennessee river basin authority cooperation with county soil conservation districts, § 64-1-1107.

43-14-302. Pulverizing lime — Purchase and lease of equipment and quarries.

  1. Where there is organized in a county a county soil conservation association, whose membership shall comprise bona fide landowners incorporated under the Cooperative Marketing Law, compiled in chapter 16 of this title; and when the members of the association have agreed with the association by written contract to pay their proportionate share of the cost of producing a minimum of two thousand (2,000) tons of pulverized lime; and when the authorized officers of the association have petitioned the county legislative body with proper evidence that bona fide landowners in the county desire to use a minimum of two thousand (2,000) tons of pulverized lime and will pay their proportionate share of the cost of production, the county legislative body is authorized, within its own discretion, to make an appropriation for the purchase and to purchase equipment for the pulverizing of lime to be used on farm lands in the county and on farms of members of the association. The county legislative body is further authorized, within its own discretion, to make appropriation for the leasing or purchasing of quarries or limestone deposits for the manufacture of pulverized lime.
  2. In the event the lime pulverizing equipment is purchased and quarries or limestone deposits are leased or purchased, the county legislative body is authorized in its discretion to:
    1. Pulverize, manufacture and produce lime for sale to the farmers of the county on such terms and conditions as the county should deem proper; and
    2. Lease or sell the lime pulverizing equipment and/or quarries to the association on such terms and conditions as the county legislative body deems proper.

Acts 1937 (2nd E. S.), ch. 5, § 2-A, as added by Acts 1937 (3rd E. S.), ch. 5, § 2; C. Supp. 1950, § 552.15 (Williams, § 584.10a); impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 43-1602.

43-14-303. Analyzing soil for lime and phosphate content — Purchase of equipment.

Where there is organized in the county a soil conservation association whose membership shall comprise bona fide landowners incorporated under the Cooperative Marketing Law, compiled in chapter 16 of this title, and when sufficient members of the association shall have agreed with the association by written contract to pay their proportionate share of the cost of purchasing equipment for analyzing soil for lime and phosphate content, the county legislative body is authorized, in its own discretion, to make an appropriation for the purchase of such equipment for use on farm lands of members of the association, and the county legislative body shall be reimbursed for the original cost of the equipment through the payment by each member of the association of that member's proportionate share of the cost of the equipment.

Acts 1937 (2nd E. S.), ch. 5, § 2-B, as added by Acts 1937 (3rd E. S.), ch. 5, § 3; C. Supp. 1950, § 552.16 (Williams, § 584.10b); impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 43-1603.

43-14-304. Organization with aid of University of Tennessee extension service.

Farmers in a county desiring to organize a soil conservation association in order to participate in the benefits of this part shall request the advice and help of the University of Tennessee extension, in the organization and incorporation of such association.

Acts 1937 (2nd E. S.), ch. 5, § 3; C. Supp. 1950, § 552.17 (Williams, § 584.11); T.C.A. (orig. ed.), § 43-1604; Acts 2004, ch. 517, § 7.

Compiler's Notes. Acts 2004, ch. 517, § 15 provided that the University of Tennessee extension service shall spend no funds beyond those currently budgeted to accelerate the replacement of signs, letterhead, and business cards on account of the act.

43-14-305. Purchase of terracing equipment with advice of extension service.

Before a county soil conservation association shall petition a county legislative body for aid in the purchase of terracing equipment, the officers of the association shall seek advice from the extension service, and particularly, its rural engineers, on the type of equipment that would prove most efficient in the county, and the equipment shall be approved by the foregoing engineers for the county.

Acts 1937 (2nd E. S.), ch. 5, § 4; C. Supp. 1950, § 552.18 (Williams, § 584.12); impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 43-1605; Acts 2004, ch. 517, § 8.

Compiler's Notes. Acts 2004, ch. 517, § 15 provided that the University of Tennessee extension service shall spend no funds beyond those currently budgeted to accelerate the replacement of signs, letterhead, and business cards on account of the act.

43-14-306. Only equipment recommended to be purchased.

Only terracing equipment recommended by the soil conservation association shall be purchased with any funds appropriated by the county legislative body for the purposes set forth in this part.

Acts 1937 (2nd E. S.), ch. 5, § 5; C. Supp. 1950, § 552.19 (Williams, § 584.13); impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 43-1606.

43-14-307. Operators of terracing equipment — Salaries.

The soil conservation association shall employ only competent trained operators for terracing equipment, and their salaries shall be charged as a part of the operating cost of the equipment.

Acts 1937 (2nd E. S.), ch. 5, § 6; C. Supp. 1950, § 552.20 (Williams, § 584.14); T.C.A. (orig. ed.), § 43-1607.

43-14-308. Terracing specifications of agricultural engineer to be followed.

All terracing work done, to qualify for payment under the federal Soil Conservation and Domestic Allotment Act, shall be in accordance with specifications prescribed by the agricultural engineer of the University of Tennessee extension.

Acts 1937 (2nd E. S.), ch. 5, § 7; C. Supp. 1950, § 552.21 (Williams, § 584.15); T.C.A. (orig. ed.), § 43-1608; Acts 2004, ch. 517, § 9.

Compiler's Notes. The Soil Conservation and Domestic Allotment Act, referred to in this section, is compiled in 16 U.S.C. §§ 590a — 590q-3.

Acts 2004, ch. 517, § 15 provided that the University of Tennessee Extension Service shall spend no funds beyond those currently budgeted to accelerate the replacement of signs, letterhead, and business cards on account of the act.

Chapter 15
Contracts to Raise and Sell Farm Products

43-15-101. Contracts for period not exceeding three years authorized.

Any person may enter into contract with natural persons or corporations, whereby the person, for a period of one (1) or more years, not exceeding three (3) years, will plant, cultivate, and harvest on such person's farm or plantation any particular crop, either of wheat, corn, or tobacco, or other agricultural product; will plant and cultivate such acreage as the parties may agree; and will prepare it for market, sale, and shipment in any particular manner to be agreed upon as useful, proper, or necessary for the purpose.

Acts 1907, ch. 155, § 1; Shan., § 3193a4; mod. Code 1932, § 7807; T.C.A. (orig. ed.), § 43-1701.

Cross-References. Agriculture commodities promotion, title 43, ch. 29.

Comparative Legislation. Contracts to raise and sell farm products:

Ala.  Code § 2-11-1 et seq.

Miss.  Code Ann. § 69-1-101 et seq.

Collateral References.

Choice of law as to applicable statute of limitations in contract actions. 78 A.L.R.3d 639.

Fence as nuisance. 80 A.L.R.3d 962.

Agriculture 3.3-3.6.

Factors 5.

43-15-102. Irrevocable appointment of exclusive agent to sell farm products.

  1. The first person may appoint or designate the other person with whom the first person may contract as the first person's agent; and may invest the agent with authority to decide when and at what price or prices the farm products shall be sold and may appoint the agent the sole and exclusive agent to sell the products.
  2. Such farm products shall not be sold by the owner independent of the agent, or through or by any other agent, and they shall not be delivered for storage to any bailee or depository other than a designated bailee or depository of the agent.
  3. Such agency shall be irrevocable for the time for which it was by the parties entered into.

Acts 1907, ch. 155, § 2; Shan., § 3193a5; mod. Code 1932, § 7808; T.C.A. (orig. ed.), § 43-1702.

Textbooks. Tennessee Jurisprudence, 1 Tenn. Juris., Agency, § 87.

43-15-103. Contracts for costs and expenses of agency to be borne proportionately and ratably.

If more than one (1) person appoints or designates the same agent, under similar contracts, with the same powers, the persons may agree in the contracts that they will bear and pay proportionately and ratably, according to the value of their several crops, the costs and expenses of the agency, including warehousing, storing, handling, preparing the crops for market, insurance, and all other legitimate expenses incurred in the handling and sale of the crops.

Acts 1907, ch. 155, § 3; Shan., § 3193a6; mod. Code 1932, § 7809; T.C.A. (orig. ed.), § 43-1703.

43-15-104. Contracts are binding, irrevocable, and enforceable — Damages for breach.

Every such contract shall be binding and irrevocable by either party, and may be specifically enforced in equity; or, if breached by either party, the injured party may bring suit for damages at law, if the party elects to do so.

Acts 1907, ch. 155, § 4; Shan., § 3193a7; Code 1932, § 7810; T.C.A. (orig. ed.), § 43-1704.

Chapter 16
Cooperative Marketing Associations

43-16-101. Short title.

For the purpose of brevity and convenience, this chapter shall be known and may be cited as the “Cooperative Marketing Law.”

Acts 1923, ch. 100, § 2; Shan. Supp., § 2534a27; Code 1932, § 3785; T.C.A. (orig. ed.), § 43-1801.

Cross-References. Agriculture commodities promotion, title 43, chapter 29.

Buyers' clubs, title 47, ch. 18, part 5.

Coal cooperative marketing associations, title 59, ch. 13.

Textbooks. Tennessee Jurisprudence, 3 Tenn. Juris., Associations and Clubs, § 5.

Law Reviews.

Equity — Enjoining Stranger from Breach of Cooperative Marketing Contract, 15 Tenn. L. Rev. 160.

Comparative Legislation. Cooperative marketing associations:

Ala.  Code § 2-10-1 et seq.

Ark.  Code § 2-2-101 et seq.

Ga. O.C.G.A. § 2-10-80 et seq.

Ky. Rev. Stat. Ann. § 272.1001 et seq.

Miss.  Code Ann. § 79-19-1 et seq.

Mo. Rev. Stat. § 274.010 et seq.

N.C. Gen. Stat. § 54-129 et seq.

Cited: Tennessee Burley Tobacco Growers' Ass'n v. Commodity Credit Corp., 350 F.2d 34, 1965 U.S. App. LEXIS 4547 (6th Cir. 1965).

NOTES TO DECISIONS

1. Effect of Chapter.

The chapter legalizes practices that before its passage might be denounced under the antitrust statute. Dark Tobacco Growers' Co-op. Ass'n v. Mason, 150 Tenn. 228, 263 S.W. 60, 1923 Tenn. LEXIS 78 (1924); Dark Tobacco Growers' Co-op. Ass'n v. Dunn, 150 Tenn. 614, 266 S.W. 308, 1924 Tenn. LEXIS 33 (1924); State ex rel. Attorney-General v. Burley Tobacco Growers' Co-operative Asso., 2 Tenn. App. 674, — S.W. —, 1926 Tenn. App. LEXIS 65 (Tenn. Ct. App. 1926).

2. Validity of Associations.

The fact that an association is large and powerful and may at times be guilty of acts of coercion of competitors does not render it an unlawful combination. Dark Tobacco Growers' Co-op. Ass'n v. Mason, 150 Tenn. 228, 263 S.W. 60, 1923 Tenn. LEXIS 78 (1924); Dark Tobacco Growers' Co-op. Ass'n v. Dunn, 150 Tenn. 614, 266 S.W. 308, 1924 Tenn. LEXIS 33 (1924); State ex rel. Attorney-General v. Burley Tobacco Growers' Co-operative Asso., 2 Tenn. App. 674, — S.W. —, 1926 Tenn. App. LEXIS 65 (Tenn. Ct. App. 1926).

Cooperative marketing contracts have been held constitutional by the United States Supreme Court. Numerous references are given to comparatively uniform legislation on this subject as enacted by the various states. Liberty Whse. Co. v. Burley Tobacco Growers' Coop. Mktg. Ass'n, 276 U.S. 71, 48 S. Ct. 291, 72 L. Ed. 473, 1928 U.S. LEXIS 62 (1928).

Collateral References. 18 Am. Jur. 2d Cooperative Associations §§ 1-40.

3 C.J.S. Agriculture §§ 138-158.

Commodities broker's state-law duties to customer. 55 A.L.R.4th 394.

Cooperative marketing generally. 25 A.L.R. 1113, 33 A.L.R. 247, 47 A.L.R. 936, 77 A.L.R. 405, 98 A.L.R. 1406, 12 A.L.R.2d 130.

Debts, liability of member or former member of marketing or purchasing for its debts or losses. 96 A.L.R.3d 1243.

Agriculture 3.3-3.6, 6.

43-16-102. Purpose of chapter.

This chapter is enacted in order to promote, foster, and encourage the intelligent and orderly marketing of agricultural products and other products of the soil, through cooperation; to eliminate speculation and waste; to make the distribution of agricultural products between producer and consumer as direct as can be efficiently done; to stabilize the marketing of agricultural products; and to provide for the organization and incorporation of cooperative marketing associations for the marketing of such products.

Acts 1923, ch. 100, § 1; Shan. Supp., § 2534a26; Code 1932, § 3784; T.C.A. (orig. ed.), § 43-1802.

Textbooks. Tennessee Jurisprudence, 3 Tenn. Juris., Associations and Clubs, § 5.

Cited: State ex rel. Attorney-General v. Burley Tobacco Growers' Co-operative Asso., 2 Tenn. App. 674, — S.W. —, 1926 Tenn. App. LEXIS 65 (Tenn. Ct. App. 1926).

43-16-103. Chapter definitions.

  1. As used in this chapter, unless the context otherwise requires:
    1. “Agricultural products” includes horticultural, viticultural, forestry, dairy, livestock, poultry, bee and any farm products;
    2. “Association” means any corporation organized under this chapter;
    3. “Member” includes actual members of associations without capital stock, and holders of common stock in associations organized with capital stock; and
    4. “Person” includes an individual, firm, partnership, corporation, and association.
  2. An association organized under this chapter shall be deemed “nonprofit,” inasmuch as it is not organized to make profit for itself, as such, or for its members, as such, but only for its members as producers.

Acts 1923, ch. 100, § 2; Shan. Supp., § 2534a27; Code 1932, § 3785; T.C.A. (orig. ed.), § 43-1803.

43-16-104. Nonprofit cooperative association — Persons entitled to form.

Eleven (11) or more persons, a majority of whom are residents of this state, engaged in the production of agricultural products, may form a nonprofit, cooperative association, with or without capital stock, under this chapter.

Acts 1923, ch. 100, § 3; Shan. Supp., § 2534a28; Code 1932, § 3786; T.C.A. (orig. ed.), § 43-1804.

Collateral References.

Liability of member of unincorporated association for tortious acts of association's nonmember agent or employee. 62 A.L.R.3d 1165.

43-16-105. Activities in which authorized to engage.

An association may be organized to engage in any activity:

  1. In connection with the marketing or selling of the agricultural products of its members, or with the harvesting, preserving, drying, processing, canning, packing, grading, storing, handling, shipping or utilization of such products, or the manufacturing or marketing of the by-products of such products;
  2. In connection with the manufacturing, selling, or supplying to its members of machinery, equipment, or supplies;
  3. In the financing of the above enumerated activities; or
  4. In any one (1) or more of the activities specified in this section.

Acts 1923, ch. 100, § 4; Shan. Supp., § 2534a29; Code 1932, § 3787; T.C.A. (orig. ed.), § 43-1805.

43-16-106. Preliminary inquiry as to probable success.

Every group of persons contemplating the organization of an association under this chapter is urged to communicate with the college of agricultural sciences and natural resources, University of Tennessee, which will inform the group whatever the survey of the marketing conditions affecting the commodities proposed to be handled may indicate regarding probable success.

Acts 1923, ch. 100, § 5; Shan. Supp., § 2534a30; Code 1932, § 3788; T.C.A. (orig. ed.), § 43-1806.

43-16-107. Recognition that farmers need special instruction data in marketing their products.

It is recognized that:

  1. Agriculture is characterized by individual production in contrast to the group or factory system that characterizes other forms of industrial production;
  2. The ordinary form of corporate organization permits industrial groups to combine for the purpose of group production and the ensuing group marketing and that the public has an interest in permitting farmers to bring their industry to the high degree of efficiency and merchandising skill evidenced in the manufacturing industries;
  3. The public interest urgently needs to prevent the migration from the farm to the city in order to keep up farm production and to preserve the agricultural supply of the nation; and
  4. The public interest demands that the farmer be encouraged to attain a superior and more direct system of marketing in the substitution of merchandising for the blind, unscientific, and speculative selling of crops; and
  5. That for this purpose, the farmers should secure special guidance and instructive data from the college of agricultural sciences and natural resources, University of Tennessee.

Acts 1923, ch. 100, § 5; Shan. Supp., § 2534a31; Code 1932, § 3789; T.C.A. (orig. ed.), § 43-1807.

43-16-108. Powers of incorporated association.

Each association incorporated under this chapter has the power to:

  1. Engage in activity in connection with the marketing, selling, preserving, harvesting, drying, processing, manufacturing, canning, packing, grading, storing, handling, or utilization of any agricultural products produced or delivered to it by its members, or the manufacturing, or marketing of the by-products thereof; or any activity in connection with the purchase, hiring, or use by its members of supplies, machinery, or equipment; or in the financing of any such activities; or in any one (1) or more of the activities specified in this section; and the association may also buy, sell and deal in agricultural products of nonmembers to an amount not greater in value than such as are handled by it for its members;
  2. Borrow money and make advance payments and advances to members;
  3. Act as the agent or representative of any member or members in any of the above mentioned activities;
  4. Purchase or otherwise acquire, and hold, own, and exercise all rights or ownership in, and sell, transfer, or pledge, or guarantee the payment of dividends or interest on or the retirement or redemption of shares of the capital stock or bonds of any corporation or association engaged in any related activity or in the warehousing or handling or marketing of any of the products handled by the association;
  5. Establish reserves and invest the funds thereof in bonds or in such other property as may be provided in the bylaws;
  6. Buy, hold, and exercise all privileges of ownership over such real or personal property as may be necessary or convenient for the conduct and operation of any business of the association, or incidental thereto;
  7. Establish, secure, own and develop patents, trademarks and copyrights; and
  8. Do each and everything necessary, suitable or proper for the accomplishment of any one (1) of the purposes or the attainment of any one (1) or more of the subjects, enumerated in this section, or conducive to or expedient for the interest or benefit of the association, and contract accordingly; and, in addition, exercise and possess all powers, rights and privileges necessary or incidental to the purposes for which the association is organized or to the activities in which it is engaged; and, in addition, any other rights, powers, and privileges granted by the laws of this state to ordinary corporations, except those inconsistent with the express provisions of this chapter, and to do any such thing anywhere.

Acts 1923, ch. 100, § 6; Shan. Supp., § 2534a32; Code 1932, § 3790; Acts 1933, ch. 93, § 1; C. Supp. 1950, § 3790; T.C.A. (orig. ed.) § 43-1808.

43-16-109. Members — Qualifications.

  1. Under the terms and conditions prescribed in the bylaws adopted by it, an association may admit as members, or issue common stock to, only persons engaged in the production of the agricultural products to be handled by or through the association, including the lessees and tenants of land used for the production of such products and any lessors and landlords who receive as rent all or any part of the crop raised on the leased premises.
  2. If a member of a nonstock association is other than a natural person, that member may be represented by any individual, associate, officer, or manager, or member thereof, duly authorized in writing.
  3. One (1) association organized under this chapter may become a member or stockholder of any other association or associations organized under this chapter.

Acts 1923, ch. 100, § 7; Shan. Supp., § 2534a33; Code 1932, § 3791; T.C.A. (orig. ed.), § 43-1809.

43-16-110. Articles of incorporation — Preparing and filing — Contents.

Each association formed under this chapter must prepare and file articles of incorporation, setting forth:

  1. The name of the association;
  2. The purpose for which it is formed;
  3. The place where its principal business will be transacted;
  4. The duration of the association, if other than perpetual. If the charter of any association organized under this chapter provides for a term of existence, not exceeding fifty (50) years, such charter is deemed to be amended to provide that the duration of the association is perpetual, unless a majority of the members of such association vote to limit the duration of the association to some other period of time in accordance with title 48, chapter 3; provided, that in no event may the members so amend the charter of an association that has been in existence for more than fifty (50) years;
  5. The number of directors of the association, which must be not less than five (5) and may be any number in excess of five (5); the term of office of such directors; and the names and addresses of those who are to serve as incorporating directors for the first term, and/or until the election and qualification of their successors;
  6. If organized without capital stock, whether the property rights and interest of each member shall be equal or unequal; and if unequal, the general rule or rules applicable to all members by which the property rights and interests, respectively, of each member may and shall be determined and fixed; and provision for the admission of new members who shall be entitled to share in the property of the association with the old members, in accordance with such general rule or rules;
  7. If organized with capital stock, the amount of stock and the number of shares into which it is divided and the par value thereof; and
  8. The street address and zip code of the association's initial registered office in this state, the county in which the office is located, and the name of its initial registered agent at that office.

Acts 1923, ch. 100, § 8; Shan. Supp., § 2534a34; Code 1932, § 3792; T.C.A. (orig. ed.), § 43-1810; Acts 1981, ch. 27, § 1; 1991, ch. 243, § 1; 2015, ch. 323, § 1.

Amendments. The 2015 amendment in (6) deleted the last sentence which read, “This provision or paragraph of the articles of incorporation shall not be altered, amended or repealed, except by the written consent or vote of three fourths (¾) of the members;”.

Effective Dates. Acts 2015, ch. 323, § 3. April 28, 2015.

Collateral References.

Articles of association. 33 A.L.R. 252, 47 A.L.R. 936, 77 A.L.R. 405, 98 A.L.R. 1406, 12 A.L.R.2d 130.

43-16-111. Capital stock — Articles specifying division into preferred and common stock.

The capital stock may be divided into preferred and common stock. If so divided, the articles of incorporation must contain a statement of the number of shares of stock to which preference is granted and the number of shares of stock to which no preference is granted, and the nature and definite extent of the preference and privileges granted to each.

Acts 1923, ch. 100, § 8; Shan. Supp., § 2534a35; Code 1932, § 3793; T.C.A. (orig. ed.), § 43-1811.

43-16-112. Articles to be signed, acknowledged, and filed — Prima facie evidence of incorporation.

The articles must be signed by the incorporators; and when filed, the articles of incorporation, or certified copies thereof, shall be received in all the courts of this state and other places as prima facie evidence of the due incorporation of the association.

Acts 1923, ch. 100, § 8; Shan. Supp., § 2534a36; mod. Code 1932, § 3794; T.C.A. (orig. ed.), § 43-1812; Acts 1991, ch. 243, § 2.

Law Reviews.

Nonprofit Corporations — Definition, 17 Vand. L. Rev. 336.

43-16-113. Amendment of articles of incorporation.

  1. An amendment, including any conversion to a general nonprofit corporation pursuant to § 48-61-109, must first be approved by two thirds (2/3) of the directors and then adopted by a vote representing a majority of all the members of the association.
  2. However, if, at a meeting of the members of the association to which a proposed amendment has been submitted, a majority of the members are not present, then those present and also members voting by proxy may adjourn the meeting to a time and place certain, but not sooner than three (3) weeks from the time of adjournment. Prior to the convening of the adjourned meeting, notices shall be placed in a newspaper of general circulation in the place where the principal office of the association is located each week for three (3) weeks. These notices shall state the time, place, and purpose of the adjourned meeting. When the meeting reconvenes, the members present in person or by proxy shall constitute the quorum, and may take action on the proposed amendment by a majority vote of those represented, even if fewer than a majority of the total membership of the association.

Acts 1923, ch. 100, § 9; Shan. Supp., § 2534a37; mod. Code 1932, § 3795; Acts 1976, ch. 753, § 1; T.C.A. (orig. ed.), § 43-1813; 2015, ch. 323, § 2.

Amendments. The 2015 amendment inserted “, including any conversion to a general nonprofit corporation pursuant to § 48-61-109,” following “An amendment” in (a).

Effective Dates. Acts 2015, ch. 323, § 3. April 28, 2015.

43-16-114. Code of bylaws — Provisions.

Each association incorporated under this chapter must, within thirty (30) days after its incorporation, adopt for its government and management, a code of bylaws, not inconsistent with the powers granted by this chapter. A majority vote of the members or stockholders, or their written assent, is necessary to adopt such bylaws. Each association, under its bylaws, may provide for any or all of the following matters:

  1. The number of stockholders or members constituting a quorum;
  2. The right of members or stockholders to vote by proxy or by mail, or both; and the conditions, manner, form, and effects of such votes;
  3. The number of directors constituting a quorum;
  4. The qualifications, compensation and duties and terms of office of directors and officers; time of their election and the mode and manner of giving notice thereof;
  5. Penalties for violations of the bylaws;
  6. The amount of entrance, organization, and membership fees, if any; the manner and method of collection of such fees; and the purposes for which they may be used;
  7. The amount that each member or stockholder shall be required to pay annually or from time to time, if at all, to carry on the business of the association; the charge, if any, to be paid by each member or stockholder for services rendered by the association and the time of payment and the manner of collection; and the marketing contract between the association and its members or stockholders, which every member or stockholder may be required to sign; and
  8. The number and qualification of members or stockholders of the association and the conditions precedent to membership or ownership of common stock; the method, time, and manner of permitting members to withdraw or the holders of common stock to transfer their stock; the manner of assignment and transfer of the interest of members and of the shares of common stock; the conditions upon which and the time when membership of any member shall cease; the automatic suspension of the rights of a member when the member ceases to be eligible to membership in the association; and the mode, manner and effect of the expulsion of a member; the manner of determining the value of a member's interest and provision for its purchase by the association upon the death or withdrawal of a member or stockholder, or upon the expulsion of a member or forfeiture of the member's membership, or, at the option of the association, the purchase at a price fixed by conclusive appraisal by the board of directors. In case of the withdrawal or expulsion of a member, the board of directors shall equitably and conclusively appraise the member's property interests in the association and shall fix the amount thereof in money, which shall be paid to the member within one (1) year after such expulsion or withdrawal.

Acts 1923, ch. 100, § 10; Shan. Supp., § 2534a38; mod. Code 1932, § 3796; T.C.A. (orig. ed.), § 43-1814.

NOTES TO DECISIONS

1. Failure to Comply with Section — Effect.

This section is not mandatory. A failure to comply will not be grounds for forfeiture of charter or dissolution of the corporation. Tennessee Cotton Growers Ass'n v. Hanson, 2 Tenn. App. 118, 1926 Tenn. App. LEXIS 16 (1926).

Failure to adopt bylaws as provided by this section does not invalidate the formation of the association or render its contracts unenforceable. Tennessee Cotton Growers Ass'n v. Hanson, 2 Tenn. App. 118, 1926 Tenn. App. LEXIS 16 (1926).

Collateral References.

Bylaws. 33 A.L.R. 252, 47 A.L.R. 936, 77 A.L.R. 405, 98 A.L.R. 1406, 12 A.L.R.2d 130.

43-16-115. Regular and special meetings — Notice — Provisions as to notice.

In its bylaws, each association shall provide for one (1) or more regular meetings annually. The board of directors shall have the right to call a special meeting at any time; and ten percent (10%) of the members or stockholders may file a petition stating the specific business to be brought before the association and demand a special meeting at any time. A meeting must thereupon be called by the directors. Notice of all meetings, together with a statement of the purposes thereof, shall be mailed to each member at least ten (10) days prior to the meeting; provided, that the bylaws may require instead that notice may be given by publication in a newspaper of general circulation, published at the principal place of business of the association.

Acts 1923, ch. 100, § 11; Shan. Supp., § 2534a39; Code 1932, § 3797; T.C.A. (orig. ed.), § 43-1815.

43-16-116. Management by directors — District directors — Bylaw provisions as to selection and qualifications.

  1. The affairs of the association shall be managed by a board of not less than five (5) directors, elected by the members or stockholders from their own number.
  2. The bylaws may provide that the territory in which the association has members shall be divided into districts and that the directors shall be elected according to these districts, either directly or by district delegates elected by the members in that district. In such a case, the bylaws shall specify the number of directors to be elected by each district, the manner and method of reapportioning the directors and of redistricting the territory covered by the association. The bylaws may provide that primary elections shall be held in each district to elect the directors apportioned to the districts, and that the result of all such primary elections may be ratified by the next regular meeting of the association or may be considered final as to the association.
  3. The bylaws may provide that one (1) or more directors may be appointed by any public official or commission or by the other directors selected by the members or their delegates. Such directors shall represent primarily the interest of the general public in such associations. The directors so appointed need not be members or stockholders of the association, but shall have the same powers and rights as other directors. Such directors shall not number more than one fifth (1/5) of the entire number of directors.

Acts 1923, ch. 100, § 12; Shan. Supp., § 2534a40; Code 1932, § 3798; T.C.A. (orig. ed.), § 43-1816.

43-16-117. Remuneration of officers, directors, and committeemen.

An association may provide a fair remuneration for the time actually spent by its officers and directors in its service and for the service of the members of its executive committee.

Acts 1923, ch. 100, § 12; Shan. Supp., § 2534a41; Code 1932, § 3799; T.C.A. (orig. ed.), § 43-1817.

43-16-118. Directors not to be interested in contracts for profit — Directors occupying positions in association.

No director, during that director's term of office, shall be a party to a contract for profit with the association differing in any way from the business relations accorded regular members or holders of common stock of the association or others, or differing from terms generally current in that district. The bylaws may provide that no director shall occupy any position in the association, except the president and secretary, on regular salary or substantially full-time pay.

Acts 1923, ch. 100, § 12; Shan. Supp., § 2534a42; Code 1932, § 3800; T.C.A. (orig. ed.), § 43-1818.

43-16-119. Executive committee and its functions.

The bylaws may provide for an executive committee and may allot to such committee all the functions and powers of the board of directors, subject to the general direction and control of the board.

Acts 1923, ch. 100, § 12; Shan. Supp., § 2534a43; Code 1932, § 3801; T.C.A. (orig. ed.), § 43-1819.

43-16-120. Vacancies in board of directors — Filling.

When a vacancy on the board of directors occurs other than by expiration of term, the remaining members of the board, by a majority vote, shall fill the vacancy, unless the bylaws provide for an election of directors by district stockholders. In that case, the board of directors shall immediately call a special meeting of the members or stockholders in that district to fill the vacancy.

Acts 1923, ch. 100, § 12; Shan. Supp., § 2534a44; Code 1932, § 3802; T.C.A. (orig. ed.), § 43-1820.

43-16-121. Officers elected by directors — Treasurer.

The directors shall elect from their number a president and one (1) or more vice presidents. They shall also elect a secretary and a treasurer, who need not be directors or members of the association; and they may combine the two (2) latter offices and designate the combined office as secretary-treasurer; or unite both functions and titles in one (1) person. The treasurer may be a bank or any depository, and as such, shall not be considered as an officer, but as a function of the board of directors. In that case, the secretary shall perform the usual accounting duties of the treasurer, excepting that the funds shall be deposited only as and where authorized by the board of directors.

Acts 1923, ch. 100, § 13; Shan. Supp., § 2534a45; Code 1932, § 3803; T.C.A. (orig. ed.), § 43-1821.

43-16-122. Bonds — Of whom required.

Every officer, employee, and agent handling funds or negotiable instruments or property of or for any association created under this chapter shall be required to execute and deliver adequate bond for the faithful performance of that person's duties and obligations.

Acts 1923, ch. 100, § 14; Shan. Supp., § 2534a46; Code 1932, § 3804; T.C.A. (orig. ed.), § 43-1822.

43-16-123. Certificate of membership.

A member of an association established without capital stock who has paid the membership fee in full shall receive a certificate of membership.

Acts 1923, ch. 100, § 15; Shan. Supp., § 2534a47; Code 1932, § 3805; T.C.A. (orig. ed.), § 43-1822.

43-16-124. Stock — Issuance upon payment — Voting right unaffected where held as security.

No association shall issue stock to a member until it has been fully paid for. The promissory notes of the members may be accepted by the association as full or partial payment. The association shall hold the stock as security for the payment of the note; but such retention as security shall not affect the member's right to vote.

Acts 1923, ch. 100, § 15; Shan. Supp., § 2534a48; Code 1932, § 3806; T.C.A. (orig. ed.), § 43-1824.

43-16-125. Liability of members for debts.

No member shall be liable for the debts of the association to an amount exceeding the sum remaining unpaid on the member's membership fee or the member's subscription to the capital stock, including any unpaid balance on any promissory notes given in payment of that amount.

Acts 1923, ch. 100, § 15; Shan. Supp., § 2534a49; Code 1932, § 3807; T.C.A. (orig. ed.), § 43-1825.

Collateral References.

Debts, liability of members for. 25 A.L.R. 1113, 33 A.L.R. 247, 47 A.L.R. 936, 77 A.L.R. 405, 98 A.L.R. 1406, 12 A.L.R.2d 130.

Validity and construction of provision for liquidated damages in contract with cooperative marketing association. 25 A.L.R. 1113, 33 A.L.R. 247, 47 A.L.R. 936, 77 A.L.R. 405, 98 A.L.R. 1406, 12 A.L.R.2d 130.

43-16-126. Member or stockholder entitled to only one vote.

No member or stockholder shall be entitled to more than one (1) vote, regardless of the number of shares of common stock owned by that person.

Acts 1923, ch. 100, § 15; Shan. Supp., § 2534a51; Code 1932, § 3809; T.C.A. (orig. ed.), § 43-1827.

43-16-127. Preferred stock — Redemption or retirement.

Any association organized with stock under this chapter may issue preferred stock, with or without the right to vote. Preferred stock may be sold to any person, member or nonmember, and may be redeemable or retireable by the association on such terms and conditions as may be provided for by the articles of incorporation and printed on the face of the certificate.

Acts 1923, ch. 100, § 15; Shan. Supp., § 2534a52; Code 1932, § 3810; T.C.A. (orig. ed.), § 43-1828.

43-16-128. Common stock not to be transferred to persons not engaged in agricultural production.

The bylaws shall prohibit the transfer of the common stock of the association to persons not engaged in the production of agricultural products handled by the association; and such restrictions must be printed upon every certificate of stock subject to the restrictions.

Acts 1923, ch. 100, § 15; Shan. Supp., § 2534a53; Code 1932, § 3811; T.C.A. (orig. ed.), § 43-1829.

43-16-129. Purchase of its common stock by association.

The association may, at any time, as specified in the bylaws, except when the debts of the association exceed fifty percent (50%) of the assets of the association, buy in or purchase its common stock at the book value of the common stock, as conclusively determined by the board of directors, and pay for it in cash within one (1) year after the purchase.

Acts 1923, ch. 100, § 15; Shan. Supp., § 2534a54; Code 1932, § 3812; T.C.A. (orig. ed.), § 43-1830.

43-16-130. Removal of officers or directors.

Any member may bring charges against an officer or director by filing them in writing with the secretary of the association, together with a petition signed by five percent (5%) of the members, requesting the removal of the officer or director in question. The removal shall be voted upon at the next regular or special meeting of the association and, by a vote of a majority of the members, the association may remove the officer or director, and fill the vacancy. The officer or director against whom the charges have been brought shall be informed in writing of the charges previous to the meeting and shall have an opportunity at the meeting to be heard in person or by counsel and to present witnesses; and the person or persons bringing the charges against the officer or director shall have the same opportunity.

Acts 1923, ch. 100, § 16; Shan. Supp., § 2534a55; Code 1932, § 3813; T.C.A. (orig. ed.), § 43-1831.

43-16-131. Procedure for removal of directors elected in a district.

In case the bylaws provide for election of directors by districts with primary elections in each district, then the petition for removal of a director must be signed by twenty percent (20%) of the members residing in the district from which the director was elected. The board of directors must call a special meeting of the members residing in that district to consider the removal of the directors; and by a vote of the majority of the members of that district, the director in question shall be removed from office.

Acts 1923, ch. 100, § 16; Shan. Supp., § 2534a56; Code 1932, § 3814; T.C.A. (orig. ed.), § 43-1832.

43-16-132. Referendum of policy matters upon demand to entire membership.

Upon demand of one third (1/3) of the entire board of directors, made immediately and so recorded at the same meeting at which the original motion was passed, any matter of policy that has been approved or passed by the board must be referred to the entire membership or the stockholders for decision at the next special or regular meeting; and a special meeting may be called for the purpose.

Acts 1923, ch. 100, § 17; Shan. Supp., § 2534a57; Code 1932, § 3815; T.C.A. (orig. ed.), § 43-1833.

43-16-133. Marketing contracts with association.

The association and its members may make and execute marketing contracts, requiring the members to sell, for any period of time, not over ten (10) years, all or any specified part of their agricultural products or specified commodities exclusively to or through the association, or any facilities to be created by the association. If they contract a sale to the association, it shall be conclusively held that title to the products passes absolutely and unreservedly, except for recorded and statutory liens, to the association upon delivery. The contract may provide, among other things, that the association may sell or resell the products delivered by its members, with or without taking title thereto, and pay over to its members the resale price, after deducting all necessary selling, overhead, and other costs and expenses, including interest or dividends on stock, not exceeding eight percent (8%) per annum, and reserves for retiring the stock, if any; and other proper reserves; and/or any other deductions.

Acts 1923, ch. 100, § 18; Shan. Supp., § 2534a58; Code 1932, § 3816; T.C.A. (orig. ed.), § 43-1834.

Cited: State ex rel. Attorney-General v. Burley Tobacco Growers' Co-operative Asso., 2 Tenn. App. 674, — S.W. —, 1926 Tenn. App. LEXIS 65 (Tenn. Ct. App. 1926).

NOTES TO DECISIONS

1. Deduction for Reserves.

A cooperative marketing association has the right to make a deduction for reserves from the amount owing to the growers on the sale of crops that the association had been holding from such growers when such deductions were authorized both by law and its contract with the growers. Van Dyke v. Mid-South Cotton Growers Ass'n, 12 F. Supp. 138, 1934 U.S. Dist. LEXIS 1066 (W.D. Tenn. 1934).

Where growers pursuant to contract received 90% of the value of their cotton from a cooperative association the latter was entitled to deduct reserve before accounting for profits made on transactions with cotton growers. Van Dyke v. Mid-South Cotton Growers Ass'n, 12 F. Supp. 138, 1934 U.S. Dist. LEXIS 1066 (W.D. Tenn. 1934).

Collateral References.

Construction and effect of cooperative farm or dairy products agreement with respect to association's charges and deductions for gathering, grading, processing, shipping and marketing the products. 90 A.L.R.2d 1142.

43-16-134. Provisions of marketing contracts — Liquidated damages — Injunction against breach.

  1. The bylaws or the marketing contract may fix, as liquidated damages, specific sums to be paid by the member or stockholder to the association upon the breach by the member or stockholder of any provision of the marketing contract regarding the sale or delivery or withholding of products, and may further provide that the member will pay all costs, premiums for bonds, expenses, and fees, in case any action is brought upon the contract by the association. Any such provisions shall be valid and enforceable in the courts of this state. Such clauses providing for liquidated damages shall be enforceable as such and shall not be regarded as penalties.
  2. In the event of any such breach or threatened breach of the marketing contract by a member, the association shall be entitled to an injunction to prevent the further breach of the contract and to a decree of specific performance thereof. Pending the adjudication of such an action and upon filing a verified complaint showing the breach or threatened breach, and upon filing a sufficient bond, the association shall be entitled to a temporary restraining order and preliminary injunction against the member.

Acts 1923, ch. 100, § 19; Shan. Supp., § 2534a59; Code 1932, § 3817; T.C.A. (orig. ed.), § 43-1835.

Law Reviews.

Equity — Enjoining Stranger from Breach of Cooperative Marketing Contract, 15 Tenn. L. Rev. 160.

NOTES TO DECISIONS

1. Remedies Available.

A bank taking a mortgage on tobacco with knowledge of the contract of the grower to sell the tobacco to a cooperative marketing association may be enjoined from enforcing the mortgage, notwithstanding the provision for liquidated damages in the contract. Dark Tobacco Growers' Co-op. Ass'n v. Dunn, 150 Tenn. 614, 266 S.W. 308, 1924 Tenn. LEXIS 33 (1924).

Liquidated damages were properly assessed for violation of contract by member. Tennessee Cotton Growers Ass'n v. Hanson, 2 Tenn. App. 118, 1926 Tenn. App. LEXIS 16 (1926).

Specific performance of marketing agreement was properly granted. Tennessee Cotton Growers Ass'n v. Hanson, 2 Tenn. App. 118, 1926 Tenn. App. LEXIS 16 (1926).

The remedy of injunction and specific performance as provided in this section is confined to members of the cooperative marketing association and such association may not be permitted to ignore the remedy given it against its own members and pursue an indirect remedy against nonmembers by seeking to enjoin such nonmembers from purchase of milk from members without also seeking its statutory remedy against the offending members. Knoxville Milk Producer's Ass'n v. Blake, 171 Tenn. 283, 102 S.W.2d 64, 1936 Tenn. LEXIS 91 (Tenn. Mar. 1, 1937).

In suit by cooperative milk marketing association against milk producers to enjoin breach of contract and for injunctive relief, court held that association was not entitled to injunctive relief as to one defendant who had relied on representations of association's managing agent as to right to cancel contract and as to other defendant because contract was ambiguous and would be construed against association that provided the contract. Dairymen, Inc. v. Hardin, 369 F. Supp. 1102, 1974 U.S. Dist. LEXIS 12402 (E.D. Tenn. 1974).

2. Notice and Hearing.

In suit by cooperative milk marketing association against milk producers to enjoin breach of contract and for injunctive relief it was held that this section did not modify the requirements of notice, hearing, or the usual equitable principles applicable to the granting of preliminary injunctive relief for such a literal reading of section would appear to raise due process issues. Dairymen, Inc. v. Hardin, 369 F. Supp. 1102, 1974 U.S. Dist. LEXIS 12402 (E.D. Tenn. 1974).

3. Nature of Contract.

A contract by a tobacco grower to sell and deliver to a cooperative marketing association all the tobacco produced or acquired by him during certain years, in consideration of the association's agreement to buy all of it, make rules and regulations, inspect, pool, classify, and resell it at the best prices obtainable and pay over to the grower the net amount received, is not unilateral. Dark Tobacco Growers' Co-op. Ass'n v. Mason, 150 Tenn. 228, 263 S.W. 60, 1923 Tenn. LEXIS 78 (1924).

4. Validity of Contract.

Where defendant signed, with a cooperative association, a tobacco marketing contract providing that the affidavit of the secretary of the association should conclusively establish acceptance of the contract and mailing of notice thereof, and where the minutes of the association showed such acceptance, the contract did not violate the statute of frauds since it was ratified by the separate writing of the association. Dark Tobacco Growers' Co-op. Ass'n v. Mason, 150 Tenn. 228, 263 S.W. 60, 1923 Tenn. LEXIS 78 (1924).

A contract by a tobacco grower, to sell and deliver to a cooperative marketing association all the tobacco produced or acquired by him during certain years in consideration of the association's agreement to buy all of it, make rules and regulations, inspect, pool, classify, and resell it at the best prices obtainable and pay over to the grower the net amount received, is not invalid as hard, oppressive, unjust and inequitable. Dark Tobacco Growers' Co-op. Ass'n v. Mason, 150 Tenn. 228, 263 S.W. 60, 1923 Tenn. LEXIS 78 (1924).

Collateral References.

Liquidated damages for breach of contract. 25 A.L.R. 1113, 33 A.L.R. 247, 47 A.L.R. 936, 77 A.L.R. 405, 98 A.L.R. 1406, 12 A.L.R.2d 130.

43-16-135. Purchase of property with preferred stock.

Whenever an association, organized under this chapter with preferred capital stock, purchases the stock or any property, or any interest in any property of any person, it may discharge the obligations so incurred, wholly or in part, by exchanging for the acquired interest, shares of its preferred capital stock to an amount that at par value would equal the fair market value of the stock or interest so purchased, as determined by the board of directors. In that case, the transfer to the association of the stock or interest purchased shall be equivalent to payment in cash for the shares of stock issued.

Acts 1923, ch. 100, § 20; Shan. Supp., § 2534a60; Code 1932, § 3818; T.C.A. (orig. ed.), § 43-1836.

43-16-136. [Repealed.]

Compiler's Notes. Former § 43-16-136 (Acts 1923, ch. 100, § 21; Shan. Supp., § 2534a61; Code 1932, § 3819; T.C.A. (orig. ed.), § 43-1837), concerning annual reports of associations, was repealed by Acts 1991, ch. 243, § 3.

43-16-137. Conflicting laws do not apply.

Any law that is in conflict with this chapter shall be construed as not applying to the associations provided for in this chapter.

Acts 1923, ch. 100, § 22; Shan. Supp., § 2534a62; Code 1932, § 3820; T.C.A. (orig. ed.), § 43-1838.

43-16-138. Exemptions of agricultural products apply, though in possession of association.

Any exemptions whatsoever under all existing laws applying to agricultural products in the possession or under the control of the individual producer shall apply similarly and completely to such products delivered by its former members in the possession or under the control of the association.

Acts 1923, ch. 100, § 22; Shan. Supp., § 2534a63; Code 1932, § 3821; T.C.A. (orig. ed.), § 43-1839.

43-16-139. Association may be interested in other like associations.

An association may organize, form, operate, own, control, have an interest in, own stock of, or be a member of any other corporation or corporations, with or without capital stock, and engaged in preserving, drying, processing, canning, packing, storing, handling, shipping, utilizing, manufacturing, marketing, or selling of the agricultural products handled by the association or the by-products of such products.

Acts 1923, ch. 100, § 23; Shan. Supp., § 2534a64; Code 1932, § 3822; T.C.A. (orig. ed.), § 43-1840.

43-16-140. Warehousing corporations issuing warehouse receipts to association or its members — Discrimination prohibited.

If those corporations are warehousing corporations, they may issue legal warehouse receipts to the association against the commodities delivered by it or to any other person, and the legal warehouse receipts shall be considered as adequate collateral to the extent of the usual and current value of the commodity represented by the receipts. In case the warehouse is licensed or licensed and bonded under the laws of this or any other state or the United States, its warehouse receipt delivered to the association on commodities of the association or its members, or delivered by the association or its members, shall not be challenged or discriminated against because of ownership or control, wholly or in part, by the association.

Acts 1923, ch. 100, § 23; Shan. Supp., § 2534a65; Code 1932, § 3823; T.C.A. (orig. ed.), § 43-1841.

43-16-141. Association may contract with other cooperative associations.

  1. Any association may, upon resolution adopted by its board of directors, enter into all necessary and proper contracts and agreements, and make all necessary and proper stipulations, agreements, and contracts and arrangements with any other cooperative corporation, association, or associations, formed in this or in any other state, for the cooperative and more economical carrying on of its business or any part or parts of its business.
  2. Any two (2) or more associations may, by agreement between them, unite in employing and using or may separately employ and use the same personnel, methods, means and agencies for carrying on and conducting their respective businesses.

Acts 1923, ch. 100, § 24; Shan. Supp., § 2534a66; Code 1932, § 3824; T.C.A. (orig. ed.), § 43-1842.

43-16-142. Associations of other states upon compliance with laws as to foreign corporations doing business in this state.

Any corporation or association organized under generally similar laws of another state shall be allowed to carry on any proper activities, operations or functions in this state upon compliance with the general regulations applicable to foreign corporations desiring to do business in this state, and the payment into the office of the secretary of state the same fees that are required to be paid under title 48, chapter 1, part 13 [repealed], and by paying all other taxes that other foreign corporations are required to pay in Tennessee, and all contracts that could be made by any association, incorporated under this chapter, made by or with such association, shall be legal and valid and enforceable in this state with all of the remedies set forth in this chapter.

Acts 1923, ch. 100, § 25; Shan. Supp., § 2534a67; Code 1932, § 3825; Acts 1941, ch. 33, § 1; 1949, ch. 158, § 1; C. Supp. 1950, § 3825; impl. am. Acts 1968, ch. 523; T.C.A. (orig. ed.), § 43-1843.

Compiler's Notes. Title 48, chapter 1, part 13, referred to in this section, was repealed by Acts 1986, ch. 887, § 17.05 and Acts 1987, ch. 242, § 18.05. For new, similar provisions as to business corporations, see title 48, ch. 25. As to nonprofit corporations, see title 48, ch. 55.

Law Reviews.

The Tobacco Growers Association Case (Abe D. Waldauer), 5 Tenn. L. Rev. 123.

NOTES TO DECISIONS

1. Effect of Section.

This section permits the operation in Tennessee of a cooperative organized under substantially identical Kentucky law. State ex rel. Attorney-General v. Burley Tobacco Growers' Co-operative Asso., 2 Tenn. App. 674, — S.W. —, 1926 Tenn. App. LEXIS 65 (Tenn. Ct. App. 1926); Dairymen, Inc. v. Hardin, 369 F. Supp. 1102, 1974 U.S. Dist. LEXIS 12402 (E.D. Tenn. 1974).

43-16-143. Marketing contracts do not constitute conspiracy, combination, illegal monopoly, or unlawful restraint of trade.

No association organized under this chapter and complying with the terms of this chapter shall be deemed to be a conspiracy or a combination in restraint of trade or an illegal monopoly, or an attempt to lessen competition or to fix prices arbitrarily; nor shall the marketing contracts and agreements between the association and its members or any agreements authorized in this chapter be considered illegal as such or in unlawful restraint of trade or as part of a conspiracy or combination to accomplish an improper or illegal purpose.

Acts 1923, ch. 100, § 27; Shan. Supp., § 2534a69; Code 1932, § 3826; T.C.A. (orig. ed.), § 43-1844.

NOTES TO DECISIONS

1. Nature and Effect of Section.

This section states the public policy of the state. State ex rel. Attorney-General v. Burley Tobacco Growers' Co-operative Asso., 2 Tenn. App. 674, — S.W. —, 1926 Tenn. App. LEXIS 65 (Tenn. Ct. App. 1926).

This section tends to modify the antitrust provisions of § 47-25-101. State ex rel. Attorney-General v. Burley Tobacco Growers' Co-operative Asso., 2 Tenn. App. 674, — S.W. —, 1926 Tenn. App. LEXIS 65 (Tenn. Ct. App. 1926).

2. Factors Not Constituting Unlawful Combination.

The fact that a cooperative marketing association is large and powerful, and may sometimes be guilty of coercion or suppression of competitors, arbitrarily maintaining and fixing prices, or other acts making the combination illegal, does not render it an unlawful combination or trust. Dark Tobacco Growers' Co-op. Ass'n v. Mason, 150 Tenn. 228, 263 S.W. 60, 1923 Tenn. LEXIS 78 (1924); State ex rel. Attorney-General v. Burley Tobacco Growers' Co-operative Asso., 2 Tenn. App. 674, — S.W. —, 1926 Tenn. App. LEXIS 65 (Tenn. Ct. App. 1926).

43-16-144. General corporation laws applicable — Exception.

The general corporation laws and all powers and rights under those laws apply to the associations organized under this chapter, except where such provisions are in conflict or inconsistent with the express provisions of this chapter.

Acts 1923, ch. 100, § 29; Shan. Supp., § 2534a71; Code 1932, § 3827; T.C.A. (orig. ed.), § 43-1845.

Cross-References. Corporations generally, title 48.

43-16-145. Annual fee in lieu of other taxes — Exception.

Each association organized under this chapter shall pay an annual fee of ten dollars ($10.00) only, in lieu of all franchise, license, corporation or other privilege taxes, or taxes or charges upon reserves held by it for members; provided, that if any association organized under this chapter sells to persons other than its own members any product or merchandise other than unmanufactured tobacco, livestock, poultry products, dairy products or any other farm products, such association shall be liable for any privilege tax with respect to such transactions or method of doing business imposed under the laws of Tennessee, other than franchise and excise taxes and corporation filing fees or charges upon reserves held by it for members.

Acts 1923, ch. 100, § 30; Shan. Supp., § 2534a72; Code 1932, § 3828; Acts 1947, ch. 172, § 1; C. Supp. 1950, § 3828; T.C.A. (orig. ed.), § 43-1846.

43-16-146. [Repealed.]

Compiler's Notes. Former § 43-16-146 (Acts 1923, ch. 100, § 31; Shan. Supp., § 2534a73; Code 1932, § 3829; T.C.A. (orig. ed.), § 43-1847), concerning fees for filing articles and amendments to articles of incorporation, was repealed by Acts 1991, ch. 243, § 4.

43-16-147. Combinations of existing corporations into associations — Amendment of charters.

Corporations not for profit, of this class, previously organized under the general incorporation laws or laws later enacted, are empowered to combine into associations upon such terms as may be provided and agreed upon, or by one corporation becoming a member of the other. Further, preexisting charters of the corporations are amended, under the power reserved to the general assembly, so as to bring same into conformity with this law, thus granting them the powers and imposing upon them the duties and liabilities set forth in this chapter.

Acts 1917, ch. 39, §§ 1, 2; Shan. Supp., § 2534a74; mod. Code 1932, § 3830; T.C.A. (orig. ed.), § 43-1848.

Cross-References. Nonprofit corporations generally, title 48, chs. 51-68.

43-16-148. Corporations organized as subsidiaries of agricultural cooperative associations exempt from privilege taxes.

All corporations organized as subsidiaries and controlled by any agricultural cooperative association formed in accordance with the laws of this state shall not be considered corporations organized for profit and doing business in Tennessee, or subject to any privilege tax levied by any law as a tax for the privilege of doing business for profit in Tennessee, it being the legislative intent to exempt by this section all such subsidiary corporations controlled by agricultural cooperative associations, where any and all profits earned by such subsidiary corporations are paid over to or expended for the benefit of the agricultural cooperative associations, with the result that the activities carried on by the corporations eventually promote and benefit the agricultural interests of this state.

Acts 1939, ch. 168, § 1; C. Supp. 1950, § 3830.1; T.C.A. (orig. ed.), § 43-1849.

Cross-References. Exemption from privilege tax, § 67-4-102.

Chapter 17
Marketing of Pecans

43-17-101. Purchasers of pecans for resale to keep records — Open to inspection — Exception.

  1. Any person purchasing pecans for the purpose of resale or processing from anyone selling pecans shall keep a well-bound book, in which that person shall promptly enter in ink the name and place of residence of all persons from whom that person buys pecans, followed by the date of purchase, number of pounds bought, the amounts paid, and how the payment was made, whether in cash or by check, whether they were owned or raised, or purchased by the seller, and on whose land the pecan trees were located when gathered. The entries are to be made in chronological order from day to day as the business is transacted. This book shall at all times be open to inspection by the police or other officers, or any person who may desire to see it, and shall be in good faith kept and preserved by dealers for convenient inspection.
  2. This chapter shall not apply to purchase of pecans by retail merchants from wholesale distributors for sale at retail.

Acts 1947, ch. 174, § 1; C. Supp. 1950, § 5755.28 (Williams, § 5753.14); modified; T.C.A. (orig. ed.), § 43-1901.

Cross-References. Agriculture commodities promotion, title 43, ch. 29.

Contracts to raise and sell farm products, title 43, ch. 15.

Cooperative marketing associations, title 43, ch. 16.

Promotion of leadership in agricultural and home economics programs at post-secondary institutions, title 49, ch. 7, part 7

Sale of cotton, title 43, ch. 18.

Soybean promotion, title ch. 20.

Tobacco sales, title 43, ch. 19.

Comparative Legislation. Marketing of pecans:

Ala.  Code § 20-1-90 et seq.

Ga. O.C.G.A. § 43-31-1 et seq.

Miss.  Code Ann. § 69-33-1 et seq.

Collateral References. Agriculture 3.3, 3.4(1), 16.

43-17-102. Written permission of landowner to sell — When to be shown.

Any person offering pecans for sale that the person did not raise or own without purchasing, or on whose lands the pecans were not grown, shall be required by the buyer or dealer in the pecans, before such buyer or dealer buys them, to show a written permission to sell them from the party owning the land on which the pecans were grown, unless the party offering the pecans for sale is a bona fide owner of the land, and the dealer may require proper identification of the person offering pecans for sale.

Acts 1947, ch. 174, § 2; mod. C. Supp. 1950, § 5755.29 (Williams, § 5753.15); T.C.A. (orig. ed.), § 43-1902.

43-17-103. Penalty for violations.

A violation of any of the provisions of § 43-17-101 or § 43-17-102 is a Class C misdemeanor.

Acts 1947, ch. 174, § 3; C. Supp. 1950, § 5755.30 (Williams, § 5753.16); T.C.A. (orig. ed.), § 43-1903; Acts 1989, ch. 591, § 113.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

43-17-104. Special right of action in owner of pecans sold without consent.

In addition to the punishment provided in § 43-17-103, and either before or after, and with or without, criminal prosecution as provided for in § 43-17-103, the owner of any pecans that are sold by another without the owner's consent can maintain and recover of any person buying the pecans, who fails to comply with §§ 43-17-101 and 43-17-102, a penalty of two hundred fifty dollars ($250), to be recovered by a civil suit in any court having jurisdiction of the amount in this state. That amount is to be recovered by the owner of any pecans, sold to any person without the owner's consent, where the buyer does not keep and permit to be inspected the record of the purchase, as provided in this chapter.

Acts 1947, ch. 174, § 4; mod. C. Supp. 1950, § 5755.31 (Williams, § 5753.17); T.C.A. (orig. ed.), § 43-1904.

43-17-105. Tenant's possession or sale prima facie evidence of landlord's title — Burden of proof of transfer.

  1. Possession and/or sale of pecans by any tenant of a landowner shall constitute prima facie evidence that such pecans are the property of such landowner and the burden of proof of transfer of ownership of the pecans shall rest with the tenant and/or purchaser from the tenant.
  2. Any purchaser from a tenant or the immediate vendee of a tenant shall be liable to the landlord for the value of the pecans as in other cases of conversion, if the purchaser or vendee did not receive title.

Acts 1947, ch. 174, § 5; mod. C. Supp. 1950, § 5755.32 (Williams, § 5753.18); T.C.A. (orig. ed.), § 43-1905.

Chapter 18
Sale of Cotton

43-18-101. Record to be made of purchases of seed cotton, loose or unbaled cotton, or cotton seed.

Any person purchasing cotton seed or seed cotton from anyone selling cotton seed or seed cotton in bags or baskets or any other cotton not baled shall keep a book in which that person shall keep a record of all cotton and cotton seed bought, and shall promptly enter the name and residence of all persons from whom the person buys cotton or cotton seed, followed by date of purchase, number of pounds bought, the amount paid for cotton of each kind, how the payment was made, whether by cash or check, whether it was raised or purchased by the seller, on whose farm raised, whether seller is renter or sharecropper, if mortgaged or otherwise encumbered and to whom. The entries are to be made in chronological order from day to day as the business is transacted. This book shall at all times be open to inspection of the police or other officers, or any person who may desire to see the book, and shall be in good faith kept and preserved by such dealers for convenient inspection.

Acts 1903, ch. 525, § 1; 1911, ch. 14, § 1; Shan., §§ 6800a3, 6800a6; Acts 1929, ch. 59, § 1; mod. Code 1932, §§ 5754, 11264; modified; T.C.A. (orig. ed.), § 43-2001.

Cross-References. Agriculture commodities promotion, title 43, ch. 29.

Compressed cotton by common carriers, § 65-20-101.

Contracts to raise and sell farm products, title 43, ch. 15.

Cooperative marketing associations, title 43, ch. 16.

Cotton arbitration, title 29, ch. 5, part 2.

Cotton ginner's lien, § 66-15-101.

Eradication of the Cotton Boll Weevil, title 43, ch. 6, part 4.

Promotion of leadership in agricultural and home economics programs at post-secondary institutions, title 49, ch. 7, part 7.

Sale of pecans, title 43, ch. 17.

Soybean promotion, title ch. 20.

Textile processors' lien, § 66-15-102.

Tobacco sales, title 43, ch. 19.

Vehicles exclusively transporting seed cotton modules, § 55-7-115.

Warehouse storage of baled cotton, § 68-102-152.

Comparative Legislation. Cotton and cotton seed:

Ala.  Code § 2-19-1 et seq.

Ark.  Code § 2-20-201 et seq.

Ga. O.C.G.A. § 10-4-50 et seq.

Miss.  Code Ann. § 69-3-23.

N.C. Gen. Stat. § 106-429.1 et seq.

Collateral References. Agriculture 16.

43-18-102. Written permission to sell required — Exception.

Any person offering seed cotton for sale that the person did not personally raise, or on whose farm the cotton was not raised, shall be required by the buyer or dealer in the cotton to show a written permission from the party raising the cotton to sell it before buying, unless the party offering the cotton for sale is a bona fide owner of the cotton, and the dealer may require proper identification of the person offering it for sale.

Acts 1903, ch. 525, § 2; Shan., § 6800a4; Code 1932, § 11265; T.C.A. (orig. ed.), § 43-2002.

43-18-103. Violation of § 43-18-101 or § 43-18-102 a misdemeanor — Penalty.

A violation of any of the provisions of § 43-18-101 or § 43-18-102 is a Class C misdemeanor.

Acts 1911, ch. 14, § 2; Shan., § 6800a7; Acts 1929, ch. 59, § 2; mod. Code 1932, §§ 5755, 11266; T.C.A. (orig. ed.), § 43-2003; Acts 1989, ch. 591, § 113.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

43-18-104. Penalty recoverable by owner from purchaser not keeping the required record or not permitting inspection thereof.

In addition to the punishment provided in § 43-18-103, and either before or after, with or without criminal prosecution above provided for, the owner of any loose cotton or ginned cotton that is unbaled, that is sold by another without the owner's consent, can maintain and recover of any person buying such cotton who fails to comply with § 43-18-101 and § 43-18-102, a penalty of two hundred fifty dollars ($250), to be recovered by civil suit in any court having jurisdiction of the amount in this state. That amount is to be recovered by the owner of any cotton of the character described, sold to any person by any other than the owner without such owner's consent, where the buyer does not keep and permit to be inspected the record of the purchase provided for in this section and §§ 43-18-10143-18-103.

Acts 1911, ch. 14, § 3; Shan., § 6800a8; Code 1932, § 11267; T.C.A. (orig. ed.), § 43-2004.

43-18-105. Persons other than producers or dealers buying or selling lint cotton under two hundred fifty pounds — Penalty.

  1. It is unlawful for any person who is not a grower or producer of cotton, or who is not engaged in the business of buying and selling cotton, to buy, sell or offer for sale, or possess for purposes of sale, any loose lint cotton or ginned cotton that is not in bales, in quantities less than two hundred fifty pounds (250 lbs.).
  2. Any violation of this section is a Class C misdemeanor.

Acts 1917, ch. 88, §§ 1, 2; Shan., §§ 6800a9, 6800a10; Code 1932, §§ 11268, 11269; T.C.A. (orig. ed.), § 43-2005; Acts 1989, ch. 591, § 113.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

43-18-106. Additional penalty recoverable in qui tam action.

In addition to the punishment provided in § 43-18-105, and either before or after, with or without criminal prosecution, any person in interest can recover in such person's own name of any person buying loose or ginned cotton that is not baled, contrary to § 43-18-105, a penalty of two hundred fifty dollars ($250), to be recovered by civil suit in any court having jurisdiction of that amount.

Acts 1917, ch. 88, § 3; Shan., § 6800a11; Code 1932, § 11270; T.C.A. (orig. ed.), § 43-2006.

43-18-107. Packages for domestic or surgical use exempt.

Sections 43-18-105 and 43-18-106 do not apply to the buying and selling of specially prepared packages of cotton, handled and sold by druggists and merchants for domestic and surgical use and purposes.

Acts 1917, ch. 88, § 4; Shan., § 6800a12; Code 1932, § 11271; T.C.A. (orig. ed.), § 43-2007.

43-18-108. Hauling unbaled cotton between sunset and sunrise, where there is a lien, or undivided interest unlawful — Exception — Penalty.

  1. It is unlawful for any person to haul or carry over any highway any cotton in the seed or ginned, but not baled, on which there is a lien, mortgage, contract for supplies and merchandise, or an undivided interest, between the hours of sunset of any one (1) day and sunrise of the succeeding day; provided, that the provisions of this section shall not apply to any person or persons hauling cotton to the gin for the purpose of ginning it, or from their farms to their houses or barns; and provided, further, that this section shall not apply where the beneficiary of the lien consents in writing to the hauling.
  2. Any person violating this section commits a Class C misdemeanor.

Acts 1901, ch. 3, §§ 1, 2; Shan., §§ 6800a1, 6800a2; Code 1932, §§ 11262, 11263; T.C.A. (orig. ed.), § 43-2010; Acts 1989, ch. 591, § 113.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

43-18-109. Liability of owner of gin or tobacco establishment for sale of product containing foreign objects.

If any person sells or otherwise disposes of cotton or tobacco fraudulently packed with wood, iron, rocks, dirt or other substance, the person at whose gin or establishment the cotton or tobacco was put up is deemed guilty of negligence, and shall, upon suit on behalf of any subsequent purchaser of the cotton or tobacco, pay double the value of the cotton or tobacco as damages, and also the cost of reshipping the cotton or tobacco from the market where the fraud was detected.

Acts 1859-1860, ch. 67, § 3; Shan., § 6742; Code 1932, § 11149; T.C.A. (orig. ed.), § 43-2011; Acts 1996, ch. 675, § 44.

Chapter 19
Tobacco Sales

Part 1
General Provisions

43-19-101. Warehouses — Persons operating.

Any person may open a warehouse for the inspection and sale of tobacco under the rules, regulations, and restrictions of this chapter.

Acts 1870-1871, ch. 65, § 2; Shan., § 3379; mod. Code 1932, § 6476; T.C.A. (orig. ed.), § 43-2101.

Cross-References. Agriculture commodities promotion, title 43, ch. 29.

Contracts to raise and sell farm products, title 43, ch. 15.

Cooperative marketing associations, title 43, ch. 16.

Promotion of leadership in agricultural and home economics programs at post-secondary institutions, title 49, ch. 7, part 7.

Sale of pecans, title 43, ch. 17.

Soybean promotion, title ch. 20.

Tobacco tax, §§ 67-4-100167-4-1023.

Comparative Legislation. Tobacco:

Ga. O.C.G.A. § 10-4-100 et seq.

Ky. Rev. Stat. Ann. § 248.010 et seq.

N.C. Gen. Stat. §§ 106-452 — 106-465.

Va. Code § 3.1-297 et seq.

Collateral References. Agriculture 3.3, 3.4(3).

Commerce 37.

Warehousemen 6.

43-19-102. Proof of sufficiency of warehouse required.

Every person opening a warehouse for the inspection and sale of tobacco shall prove to the county clerk by the testimony of two (2) impartial witnesses known to the clerk to be well qualified, from knowledge and experience, that the person is the proprietor of a good and sufficient warehouse, situated so as to be exposed to no extraordinary risk from fire or flood, and furnished besides, with all the implements necessary to the accurate weighing and inspection of tobacco.

Acts 1870-1871, ch. 65, § 4; impl. am. Acts 1877, ch. 109, § 1; Shan., § 3380; Code 1932, § 6477; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 43-2102.

43-19-103. Bond of tobacco warehouseman.

Such person shall also enter into bond, with good and sufficient security, to be approved by the county mayor, and payable to the state, in the sum of five thousand dollars ($5,000), conditioned to keep the warehouse in good condition and repair, so as effectually to protect the tobacco stored in the warehouse, that the person will not sell any tobacco that has been bought by the person or on the person's account, or purchase on such person's own account any tobacco stored in the warehouse, either directly or indirectly, and that the person will perform faithfully all the duties of warehouseman as prescribed by law.

Acts 1870-1871, ch. 65, § 4; 1889, ch. 192, § 1; Shan., § 3381; Code 1932, § 6478; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 43-2103; Acts 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

43-19-104. Fees uncollectible upon failure to give bond — Penalty for violations.

A proprietor who fails to execute a bond shall not be entitled to collect any fees on tobacco stored in the warehouse, under a penalty of one hundred dollars ($100) for each offense, to be recovered in the name of the state, one half (½) to go to the informer.

Acts 1870-1871, ch. 65, § 4; Shan., § 3382; Code 1932, § 6479; T.C.A. (orig. ed.), § 43-2104.

43-19-105. Suit on bond — Parties.

Any person aggrieved may sue on this bond for a breach thereof, in the name of the state, until the penalty is exhausted.

Acts 1870-1871, ch. 65, § 4; Shan., § 3383; Code 1932, § 6480; T.C.A. (orig. ed.), § 43-2105.

43-19-106. Warehouses to be floored and kept in repair.

  1. The proprietor shall fit up the warehouse with plank floors or skids, upon which to place the tobacco, so that the hogsheads may be at least four inches (4") from the earth.
  2. Any proprietor who fails to keep a warehouse in good repair, or to furnish it as in this section provided, shall forfeit two hundred dollars ($200) to the state, and is also liable upon the bond to an action for damages, at the instance of any planter or owner whose tobacco is injured.

Acts 1870-1871, ch. 65, § 6; Shan., § 3384; Code 1932, § 6481; T.C.A. (orig. ed.), § 43-2106.

43-19-107. Scales to be kept and tested.

The proprietor shall keep good and sufficient scales for weighing tobacco, which shall be tested at the beginning of each tobacco commerical year, and every three (3) months thereafter, by the keeper and sealer of weights for the county, and at any time when written application is made by two (2) or more planters or burghers.

Acts 1870-1871, ch. 65, § 7; Shan., § 3385; Code 1932, § 6482; T.C.A. (orig. ed.), § 43-2107.

43-19-108. Breaking irons for inspection, and screws for cooperage.

The proprietor shall also keep the necessary breaking irons for the proper inspection of tobacco, and screws for the proper cooperage and return of loose tobacco to the hogshead after inspection.

Acts 1870-1871, ch. 65, § 7; Shan., § 3386; Code 1932, § 6483; T.C.A. (orig. ed.), § 43-2108.

43-19-109. Attention to duty — Prompt delivery for shipment.

The proprietor or the proprietor's clerks shall be constant and prompt in their attendance at the warehouse for the reception and storage of tobacco, and promptly deliver tobacco to the planter or person entitled thereto, upon order for shipment.

Acts 1870-1871, ch. 65, § 7; Shan., § 3387; Code 1932, § 6484; T.C.A. (orig. ed.), § 43-2109.

43-19-110. Private warehouses.

Nothing in this chapter shall prevent any person from establishing a private warehouse for the storage of tobacco.

Acts 1870-1871, ch. 65, § 27; Shan., § 3407; Code 1932, § 6505; T.C.A. (orig. ed.), § 43-2130.

43-19-111. Tobacco commercial year.

The “tobacco commercial year” commences and ends on November 1 of each year.

Acts 1870-1871, ch. 65, § 26; 1889, ch. 192, § 7; Shan., § 3406; Code 1932, § 6504; T.C.A. (orig. ed.), § 43-2129.

43-19-112. Prosecution for penalties — Duties of clerk and district attorney general — Fees.

The county clerk shall attend to all prosecutions for penalties under this chapter, for the use of the state, for which the county clerk shall receive ten percent (10%) on the sums collected and paid into the state treasury. The county clerk may, also, when necessary, call on the district attorney general to give attention to prosecutions for penalties under this chapter, for which service the district attorney general shall be allowed ten dollars ($10.00) to be taxed in the bill of costs, and when collected, shall be paid into the state treasury at the same time and in the same manner as other state revenue is by law required to be paid.

Acts 1870-1871, ch. 65, § 24; impl. am. Acts 1897, ch. 41; Shan., § 3404; Code 1932, § 6503; impl. am. Acts 1978, ch. 934, §§ 22, 36; modified; T.C.A. (orig. ed.), § 43-2128.

Part 2
Tobacco Inspectors—Inspections—Violations

43-19-201. Warehouse proprietor may be inspector — Appointment of deputy inspectors — Oath — Bond.

  1. The proprietor of a warehouse, regularly authorized under this chapter, is created an inspector of tobacco, with power to appoint deputy inspectors; but, before any warehouse keeper, who may personally act as inspector, or any deputy who may act as inspector for the warehouse keeper, enters upon the duties of an inspector, that person shall go before the county clerk, and take and subscribe the following oath: “I,  , do solemnly swear (or affirm) that I will carefully and diligently perform all the duties of an inspector of tobacco, according to law and to the best of my skill and judgment, without fear, favor, affection, malice, or partiality, and that I will not buy nor sell any tobacco inspected and sampled by me, nor accept any interest or profit in or from the purchase or sale of any tobacco inspected and sampled by me. So help me God.”
  2. The person shall enter into bond, with good and sufficient security, to be approved by the county mayor, and payable to the state, in the sum of five thousand dollars ($5,000), conditioned to faithfully and honestly discharge the duties of the office, and that the person will not buy nor sell any tobacco inspected and sampled by that person, nor accept any interest or profit in or from the purchase or sale of any tobacco inspected or sampled by the person.

Acts 1870-1871, ch. 65, § 8; 1889, ch. 192, § 2; Shan., § 3388; Code 1932, § 6485; impl. am. Acts 1978, ch. 934, §§ 16, 22, 36; T.C.A. (orig. ed.), § 43-2110; Acts 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

Cross-References. Contracts to raise and sell farm products, title 43, ch. 15.

Cooperative marketing associations, title 43, ch. 16.

Promotion of leadership in agricultural and home economics programs at post-secondary institutions, title 49, ch. 7, part 7.

Sale of pecans, title 43, ch. 17.

Soybean promotion, title ch. 20.

43-19-202. Duties of proprietor or deputy.

It is the duty of the proprietor or one (1) of the proprietor's regular deputies to:

  1. Inspect the uncasing and breaking of any tobacco for inspection, and examine and classify the tobacco according to law and the proprietor's or deputy's oath of office;
  2. Break each hogshead for inspection, in at least four (4) different places, drawing from each break at least four (4) bundles or hands of tobacco, from different courses or layers, so as to get a fair and just representation of the quality and condition of the tobacco;
  3. Place these bundles together in one (1) sample, stamp with the following seal: “State Tobacco Inspection,” and mark with ink upon the label of the sample the name of the warehouse, the planter's name, the warehouse number of the hogshead and its approximate gross weight, the date of inspection, and the name of the sampler drawing the sample;
  4. Mark “A,” or “Admitted,” all sound, clear, well assorted leaf tobacco, clear of lugs or trash, in good keeping order, and mark “R,” or “Refused,” all lugs or trash, or leaf mixed with lugs or trash, or clean leaf tobacco, if not in good keeping order;
  5. Condemn all hogshead or casks that are insecure, or made of green or unsound timber, and mark, upon the label of the sample, “Cask Condemned”; the cost of putting such hogshead in proper merchantable order shall be charged to the owner of the tobacco;
  6. Refuse to classify, and mark as “Damaged,” expressing on the label the probable amount of damage, every hogshead so damaged that the sample drawn will not show the character and extent of damage;
  7. Refuse to classify, and to mark “Condemned,” any hogshead of tobacco that is falsely and fraudulently packed with intent to deceive, and give full information to the grand jury about such hogshead, from the proprietor's or deputy's books, when called upon to furnish the information;
  8. Superintend the coopering and reweighing; see that each cask is replaced over the same tobacco from which it was taken; and mark the hogshead on both heads with distinct figures, specifying the correct weights;
  9. Carefully enter in a book, to be provided and kept, for that purpose alone, an account of every hogshead of tobacco inspected, stating the planter's name, warehouse number, the gross weight, the tare, the net weight, the price at which it sold, the purchaser's name, and its quality, whether “Admitted” or “Refused”; and
  10. Be personally present, and witness the breaking of any tobacco for inspection, and personally attach the proprietor's or deputy's seal to the sample drawn, and pay all just reclamations on tobacco improperly sampled by the proprietor or deputy.

Acts 1870-1871, ch. 65, § 9; 1889, ch. 192, § 3; Shan., § 3389; Code 1932, § 6486; T.C.A. (orig. ed.), § 43-2111.

Cross-References. Deceptive business practices, § 39-14-127.

43-19-203. Reinspection — Making.

  1. Should any planter, or the planter's agent representing the planter, claim that the sample drawn from the planter's tobacco by an inspector does not represent fairly the hogshead from which it was taken, the planter may demand and have that hogshead reinspected.
  2. The tobacco board of trade, where one exists, shall appoint a committee, consisting of two (2) warehousemen and one (1) buyer, who shall resample such tobacco, so as to show, as nearly as may be, the average condition and quality of the hogshead; and upon such sample so drawn by the committee, and the sample drawn by the inspector, the board of trade shall proceed to adjudge, in the same manner and in all respects as reclamations in favor of the buyer are determined, the amount, if any, the hogshead has been undersampled by the inspector, and the amount so adjudged shall be paid by the inspector to the planter.
  3. Nothing in this section shall be construed to prevent any planter from guaranteeing the planter's tobacco to come up to the sample drawn by any inspector.

Acts 1889, ch. 192, § 3; Shan., § 3389a; Code 1932, § 6487; T.C.A. (orig. ed.), § 43-2112.

43-19-204. Responsibility of keeper.

After the tobacco is inspected, coopered, weighed, and numbered, the warehouse keeper becomes responsible to the planter or owner for the weights and proper keeping of the tobacco.

Acts 1870-1871, ch. 65, § 10; Shan., § 3390; Code 1932, § 6488; T.C.A. (orig. ed.), § 43-2113.

43-19-205. Conversion of samples or plucking leaves therefrom prohibited — Penalty.

  1. No warehouse keeper, nor anyone in the employment of the warehouse keeper, shall take or convert to that person's own use, or dispose of, any sample of tobacco, but the tobacco shall be delivered to the purchaser, and all loose tobacco shall be neatly returned to the hogshead or other container from which it came, before coopering and weighing.
  2. No person shall willfully or wantonly pluck any leaf or leaves from any sample of tobacco to which the inspector has attached the inspector's seal, either before or after sale.
  3. Any person violating any provision of this section commits a Class C misdemeanor.

Acts 1870-1871, ch. 65, § 11; 1889, ch. 192, § 4; Shan., § 3390a; mod. Code 1932, § 6489; T.C.A. (orig. ed.), § 43-2114; Acts 1989, ch. 591, § 113.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

43-19-206. Erasure or counterfeiting a misdemeanor.

Any person who erases, or in any way alters or defaces, any letter, mark, number or figure put upon any hogshead or other container by an inspector, or counterfeits the letter, mark, number or figure, previous to the delivery to the purchaser, commits a Class C misdemeanor.

Acts 1870-1871, ch. 65, § 12; Shan., § 3391; mod. Code 1932, § 6490; T.C.A. (orig. ed.), § 43-2115; Acts 1989, ch. 591, § 113.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

43-19-207. Keeper not to sell tobacco until inspection — Penalty.

No warehouse keeper shall sell publicly any sample of tobacco that has not been regularly inspected under this chapter, under a penalty of five dollars ($5.00) for each hogshead so sold, to be recovered by any person suing for that amount.

Acts 1870-1871, ch. 65, § 13; Shan., § 3392; Code 1932, § 6491; T.C.A. (orig. ed.), § 43-2116.

43-19-208. Copy of sample cards with “Inspected” thereon.

Any warehouse keeper called upon to inspect a lot of tobacco shall make a copy of the original sample card, and write on it, in plain letters, “Inspected,” adding the date.

Acts 1870-1871, ch. 65, § 14; Shan., § 3393; Code 1932, § 6492; T.C.A. (orig. ed.), § 43-2117.

43-19-209. Warehouseman not to sell or buy.

  1. No proprietor of a warehouse shall sell any tobacco that has been directly or indirectly bought by that person, or on that person's account, nor directly or indirectly purchase on that person's own account any tobacco stored in that person's warehouse. This section is not to be construed as referring to the sale of crops of tobacco raised by the proprietor or any of the proprietor's agents or employees.
  2. No proprietor of a warehouse, nor any deputy of a proprietor, who acts as inspector of tobacco, shall buy or sell any tobacco inspected and sampled by the proprietor or deputy, nor accept any interest or profit in or from the purchase or sale of any tobacco inspected and sampled by that person.
  3. Any person violating this section shall forfeit fifty dollars ($50.00) for each hogshead so purchased or sold, or in which such interest or profit was accepted, one half (½) to the state, the other one half (½) to the informer.

Acts 1870-1871, ch. 65, § 15; 1889, ch. 192, § 5; Shan., § 3394; Code 1932, § 6493; T.C.A. (orig. ed.), § 43-2118.

43-19-210. Accepting gratuity or reward — Penalty.

If any warehouse keeper accepts, directly or indirectly, any gratuity or reward for anything by that person done or omitted in the discharge of that person's official duties, that person shall forfeit two hundred dollars ($200) to the state, and, moreover, the warehouse keeper commits a Class C misdemeanor. The warehouse keeper shall also forfeit the office, and be forever afterward disqualified from holding the office of tobacco inspector.

Acts 1870-1871, ch. 65, § 16; impl. am. Acts 1877, ch. 109, § 1; Shan., § 3395; mod. Code 1932, § 6494; T.C.A. (orig. ed.), § 43-2119; Acts 1989, ch. 591, § 113.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

43-19-211. Derelictions to be reported to county clerk.

Any planter or person shall inform the county clerk of any dereliction of duty on the part of the warehouse keeper.

Acts 1870-1871, ch. 65, § 17; Shan., § 3396; Code 1932, § 6495; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 43-2120.

43-19-212. Fraudulent packing or “nesting” a misdemeanor — Penalty.

Any person who fraudulently packs or “nests” a hogshead of tobacco with intent to deceive and obtain by the deception more than its true value commits a Class C misdemeanor.

Acts 1870-1871, ch. 65, § 18; Shan., § 3397; Code 1932, § 6496; T.C.A. (orig. ed.), § 43-2121; Acts 1989, ch. 591, § 113.

Cross-References. Deceptive business practices, § 39-14-127.

Penalty for Class C misdemeanor, § 40-35-111.

43-19-213. Description of best hogshead to be posted in warehouse.

The warehouse keeper shall keep posted in some conspicuous place in the warehouse a description of the hogsheads or casks, length, measurement, etc., best suited to contain tobacco for market.

Acts 1870-1871, ch. 65, § 19; Shan., § 3398; Code 1932, § 6497; T.C.A. (orig. ed.), § 43-2122.

43-19-214. Fees and commissions of warehousemen.

The compensation of warehouse keepers for receiving, storing, inspecting, coopering, and selling tobacco shall be as follows, to wit:

  1. To be paid by the seller, two dollars and fifty cents ($2.50), and one percent (1%) commission on proceeds of sale;
  2. To be paid by buyer, one dollar and fifty cents ($1.50), and for storage after sale, after the first thirty (30) days, for each month or part of a month, twenty-five cents (25¢).

Acts 1870-1871, ch. 65, § 20; 1889, ch. 192, § 6; Shan., § 3399; Code 1932, § 6498; T.C.A. (orig. ed.), § 43-2123.

43-19-215. Extortion a misdemeanor.

Any warehouse keeper who charges more than is allowed in § 43-19-214 commits a Class C misdemeanor, and is also liable to a penalty of ten dollars ($10.00) to the planter or person overcharged, recoverable before any judge of a court of general sessions.

Acts 1870-1871, ch. 65, § 21; Shan., § 3400; Code 1932, § 6499; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 43-2124; Acts 1989, ch. 591, § 113.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

43-19-216. Auction bid may be refused.

Any planter, or other owner of tobacco sold at auction, may, by paying the fees, refuse at the time to take the price at which it is cried off.

Acts 1870-1871, ch. 65, § 22; Shan., § 3401; Code 1932, § 6500; T.C.A. (orig. ed.), § 43-2125.

43-19-217. Warehouseman's lien for fees and charges.

A lien is given to the proprietor of the warehouse on all tobacco and proceeds for fees and charges on the tobacco and proceeds.

Acts 1870-1871, ch. 65, § 22; Shan., § 3402; Code 1932, § 6501; T.C.A. (orig. ed.), § 43-2126.

43-19-218. Selling or shipping without inspection not prohibited.

No planter or person is prohibited from selling tobacco at private sale, with or without inspection, if such person chooses so to do, nor compelled to have tobacco, though stored in a public or authorized warehouse, inspected; but the person may sell or ship it without inspection.

Acts 1870-1871, ch. 65, § 23; impl. am. Acts 1877, ch. 109, § 1; Shan., § 3403; Code 1932, § 6502; T.C.A. (orig. ed.), § 43-2127.

Part 3
Sale of Tobacco

43-19-301. Commissioner of agriculture to enforce rules and regulations.

The commissioner of agriculture is vested with the power and authority and is charged with the duty of administering and enforcing this part, and has the authority to establish and enforce reasonable rules and regulations not inconsistent with this part, for the purpose of carrying out this part.

Acts 1949, ch. 141, § 1; C. Supp. 1950, § 6669.1 (Williams, § 6675.1); T.C.A. (orig. ed.), § 43-2131.

Cross-References. Contracts to raise and sell farm products, title 43, ch. 15.

Cooperative marketing associations, title 43, ch. 16.

Promotion of leadership in agricultural and home economics programs at post-secondary institutions, title 49, ch. 7, part 7.

Sale of pecans, title 43, ch. 17.

Soybean promotion, title ch. 20.

43-19-302. Commingling of tobacco forbidden.

  1. It is unlawful for any person to commingle, mix, place on same basket with other tobacco or in any other manner or means to handle tobacco so as to lose its identity, for the purpose of sale at auction, any looseleaf tobacco grown by one (1) producer with looseleaf burley tobacco grown by any other producer, or with that of the same producer after being placed on the looseleaf floor.
  2. After tobacco is weighed and set upon the warehouse floor for sale, no basket of tobacco shall be moved, without the consent of the owner, from its place on the floor until sale is confirmed by the owner of the tobacco.

Acts 1949, ch. 141, § 2; C. Supp. 1950, § 6669.2 (Williams, § 6675.2); T.C.A. (orig. ed.), § 43-2132.

43-19-303. Sales of burley tobacco regulated.

Sales of burley tobacco at warehouse or loosefloors shall be conducted so as to conform to one (1) of the following methods:

  1. Sales to be at the rate of not more than ninety-seven thousand two hundred pounds (97,200 lbs.) per hour, per set of buyers; or
  2. Sales to be at the rate of not more than three hundred sixty (360) baskets per hour, per set of buyers.

Acts 1949, ch. 141, § 3; C. Supp. 1950, § 6669.3 (Williams, § 6675.3); Acts 1965, ch. 115, § 1; T.C.A. (orig. ed.), § 43-2133.

43-19-304. Warehouseman's record to be accurately maintained.

Any information pertaining to weights of tobacco sold, prices paid or amounts of tobacco handled, disseminated by any warehouseman, or a warehouseman's employees or agents shall be accurate and substantiated by records kept at the warehouse or loosefloor.

Acts 1949, ch. 141, § 4; C. Supp. 1950, § 6669.4 (Williams, § 6675.4); T.C.A. (orig. ed.), § 43-2134.

43-19-305. Penalty for violation.

A violation of this part or the rules and regulations promulgated under this part is a Class C misdemeanor.

Acts 1949, ch. 141, § 5; C. Supp. 1950, § 6669.5 (Williams, § 6675.5); T.C.A. (orig. ed.), § 43-2135; Acts 1989, ch. 591, § 113.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

Part 4
Schedule of Fees [Repealed]

43-19-401. [Repealed.]

Compiler's Notes. Former part 4, §§ 43-19-40143-19-404, (Acts 1976, ch. 691, §§ 1-4; T.C.A., §§ 43-2136 — 43-2139), concerning fee schedules for the sale of tobacco, was repealed by Acts 2009, ch. 66, § 1, effective April 15, 2009.

43-19-402. [Repealed.]

Compiler's Notes. Former part 4, §§ 43-19-40143-19-404, (Acts 1976, ch. 691, §§ 1-4; T.C.A., §§ 43-2136 — 43-2139), concerning fee schedules for the sale of tobacco, was repealed by Acts 2009, ch. 66, § 1, effective April 15, 2009.

43-19-403. [Repealed.]

Compiler's Notes. Former part 4, §§ 43-19-40143-19-404, (Acts 1976, ch. 691, §§ 1-4; T.C.A., §§ 43-2136 — 43-2139), concerning fee schedules for the sale of tobacco, was repealed by Acts 2009, ch. 66, § 1, effective April 15, 2009.

43-19-404. [Repealed.]

Compiler's Notes. Former part 4, §§ 43-19-40143-19-404, (Acts 1976, ch. 691, §§ 1-4; T.C.A., §§ 43-2136 — 43-2139), concerning fee schedules for the sale of tobacco, was repealed by Acts 2009, ch. 66, § 1, effective April 15, 2009.

Chapter 20
Soybean Promotion

Part 1
General Provisions

43-20-101. Purpose.

The purpose of this part is to promote the growth and development of the soybean industry in Tennessee by research, advertisement, promotions and education and market development, thereby promoting the general welfare of the people of this state.

Acts 1977, ch. 208, § 1; T.C.A., § 43-3001.

Cross-References. Agriculture commodities promotion, title 43, ch. 29.

Contracts to raise and sell farm products, title 43, ch. 15.

Cooperative marketing associations, title 43, ch. 16.

Promotion of leadership in agricultural and home economics programs at post-secondary institutions, title 49, ch. 7, part 7.

Sale of pecans, title 43, ch. 17.

Tobacco sales, title 43, ch. 19.

Comparative Legislation. Soybean promotion:

Ala.  Code § 2-8-80 et seq.

Ark.  Code § 2-20-401 et seq.

Ky. Rev. Stat. Ann. § 247.510 et seq.

Miss.  Code Ann. § 69-9-1 et seq.

Va. Code § 3.1-684.1 et seq.

Collateral References. Agriculture 3.3-3.6.

43-20-102. Board — Composition — Appointment — Terms — Bond of officers — Meetings — Rules and regulations — Compensation.

  1. The Tennessee soybean promotion board, referred to in this chapter as the board, is created, to be composed of nine (9) members to be appointed by the commissioner of agriculture to serve for terms of three (3) years, as provided in this section. All of the nine (9) members of the board shall be producers of soybeans in the state of Tennessee. Within ten (10) days following July 1, 1977, the Tennessee Farm Bureau Federation, the Tennessee Farmers Cooperative, and the Tennessee Soybean Association shall each submit the names of six (6) soybean producers to the commissioner, and the commissioner shall appoint three (3) members from the nominees of each organization to serve on the board on rotating three-year terms. The original board shall be appointed with members of each of the organizations appointed as follows: one (1) for one (1) year, one (1) for two (2) years and one (1) for three (3) years. Each year thereafter, not less than thirty (30) days prior to the expiration of board members' terms, each organization shall submit the names of three (3) nominees to the commissioner, and succeeding boards shall be appointed by the commissioner in the same manner, giving equal representation to each organization. Vacancies that occur shall be filled in the same manner as the original appointments were made. Persons who are appointed to the board shall serve no more than two (2) consecutive terms. The commissioner or a designee from the commissioner's staff shall serve as an advisor to the board.
  2. The members of the board shall meet and organize within thirty (30) days of their appointment, and shall elect a chair, vice chair and secretary-treasurer from the membership of the board, each to serve for one-year terms, whose duties shall be those customarily exercised by such officers or specifically designated by the board. The chair, vice chair and secretary-treasurer shall be bonded in an amount of not less than twenty thousand dollars ($20,000). The cost of the bonds shall be paid from the funds received under this part. The bond shall be a security for any unlawful act of such member of the board, and recovery on the bond may be had by the state for any injury by such unlawful act of the member. The board may establish rules and regulations for its own government and the administration of the affairs of the board.
  3. Members of the board shall not be compensated but shall be reimbursed travel expenses in accordance with the travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.

Acts 1977, ch. 208, § 2; T.C.A., § 43-3002; Acts 1985, ch. 108, §§ 16, 17; 1987, ch. 183, §§ 3, 4; 1987, ch. 352, §§ 3, 4; 2014, ch. 620, §§ 3, 5.

Compiler's Notes. The Tennessee soybean promotion board, created by this section, terminates June 30, 2021. See §§ 4-29-112, 4-29-242.

Amendments. The 2014 amendment, in (a), rewrote the next to the last sentence which read: “No member of the board shall be eligible to serve successive terms on the board.”; and added (c).

Effective Dates. Acts 2014, ch. 620, § 6. April 4, 2014.

43-20-103. Assessment levied on producers — Promotion fund — Records of purchasers.

  1. There is imposed and levied an assessment at the rate of one cent (1¢) per bushel on all soybeans grown within the state of Tennessee, by producers desiring to execute forms stating their desire to participate as set out in this section, and this assessment shall be deducted by the purchaser from the amount paid the producer at the first point of sale. The producer shall so indicate the choice to participate or not on proper forms provided by the department of agriculture, referred to in this part as the “department,” and that are available at every facility where soybeans are purchased from producers. If a producer elects not to participate, the purchaser shall not withhold the assessment at the time of the sale or at any later time.
  2. The total assessment imposed and levied by this part shall be payable to and collected by the department, from the purchaser of such soybeans at the first point of sale, within ten (10) days after the end of each calendar quarter. The proceeds of the assessment collected by the department shall then be deposited in a special fund to be established as the “Tennessee soybean promotion fund,” and disbursement from the fund shall be made upon authorization of the commissioner of agriculture and the commissioner of finance and administration as requested, on requisitions signed by the chair and secretary-treasurer of the Tennessee soybean promotion board.
  3. The commissioner shall quarterly pay over to the Tennessee soybean promotion fund all funds collected, less not more than ten percent (10%) of the gross amount collected for department expenses. The quarterly settlement to the board shall be made on or before the twentieth day of October, January, April and July of each year, and shall be accompanied by a complete report of all funds collected, disbursed, and associated departmental expenses.
  4. Each purchaser shall keep a complete and accurate record of all soybeans handled by that purchaser, and shall furnish each producer with a signed sales slip showing the number of bushels purchased from the producer and the amount deducted by the purchaser for the Tennessee soybean promotion fund or noting the producer's exemption under subsection (a). Such records shall be in such form and contain such other information as the department shall by rule or regulation prescribe. The records shall be preserved by the purchaser for a period of two (2) years and shall be offered for inspection at any time upon oral or written demand by the department or any duly authorized agent or representative of the department. Every purchaser, at such time or times as the department may require, shall submit reports or other documentary information deemed necessary for the efficient and equitable collection of the assessment imposed in this part. The department has the power to cause any duly authorized agent or representative to enter upon the premises of any purchaser of soybeans and examine or cause to be examined by an agent, any books, papers and records that deal in any way with the payment of the assessment or enforcement of this part.

Acts 1977, ch. 208, § 3; T.C.A., § 43-3003; Acts 2002, ch. 737, § 3.

Cross-References. Assessment levied on producers, § 43-20-205.

Records of purchasers, § 43-20-209.

43-20-104. Failure of purchaser to file report or pay assessment — Violations — Penalties.

  1. Any purchaser who fails to file a report or to pay any assessment within the time required by the department shall forfeit to the department a penalty of five percent (5%) of the assessment determined to be due, plus one percent (1%) of that amount for each month of delay or fraction thereof after the first month after the report was required to be filed or the assessment became due. The penalty shall be paid over to the board and shall be disposed of by it in the same manner as funds derived from the payment of the assessment imposed.
  2. The department shall collect the penalties levied in this section, together with the delinquent assessment, by either of the following methods:
    1. By voluntary payment by the person liable; and
    2. By legal proceedings instituted in a court of competent jurisdiction.
  3. Any person required to pay the assessment provided for in this part who fails to remit the same or who refuses to allow full inspection of the premises, or books, records or other documents relating to the liability of the person for the assessment imposed in this part, or who shall hinder or in any way delay or prevent an inspection, commits a Class C misdemeanor.

Acts 1977, ch. 208, § 4; T.C.A., § 43-3004; Acts 1989, ch. 591, § 113.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

43-20-105. Funds used for research and promotion — Political use of funds prohibited — Reports.

  1. The board shall plan and conduct a program of productive research, education, market development and advertising designed to promote the soybean industry in Tennessee, and is authorized to use the funds derived from the assessment imposed in this part for those purposes, including basic administrative expenses of the plan. The board may also, in its discretion, expend money from the Tennessee soybean promotion fund outside the state of Tennessee for such purposes as national and international research and promotional applications.
  2. Funds may be expended only for the purposes set out in this part and shall not be spent in any manner for political purposes. A report of all expenditures shall be made annually, with four (4) copies of the report to be filed with each of the following: the department of agriculture, the chief clerk of the house of representatives, the chief clerk of the senate and the state library and archives.

Acts 1977, ch. 208, § 5; T.C.A., § 43-3005.

Cross-References. Use of funds, § 43-20-212.

43-20-106. Exemptions from part.

This part does not apply to any person who purchases one thousand (1,000) or fewer bushels of soybeans in any calendar year; provided, that the person is not regularly engaged in the purchase of soybeans.

Acts 1977, ch. 208, § 4; T.C.A., § 43-3006.

Part 2
Soybean Promotion Act

43-20-201. Short title.

This part shall be known and may be cited as the “Tennessee Soybean Promotion Act.”

Acts 1985, ch. 108, § 1.

Cross-References. Contracts to raise and sell farm products, title 43, ch. 15.

Cooperative marketing associations, title 43, ch. 16.

Promotion of leadership in agricultural and home economics programs at post-secondary institutions, title 49, ch. 7, part 7.

Sale of pecans, title 43, ch. 17.

Tobacco sales, title 43, ch. 19.

43-20-202. Legislative findings.

The general assembly finds that it is in the interest of the public welfare that Tennessee farmers who are producers of soybeans be encouraged and permitted to act jointly and in cooperation with other producers to levy upon themselves an assessment upon soybeans, for the purpose of financing programs of research, promotion, advertising and other programs designed to increase the production of soybeans and to increase the consumption, use and sale of soybeans and soybean products in Tennessee, national and international markets.

Acts 1985, ch. 108, § 2.

Cross-References. Contracts to raise and sell farm products, title 43, ch. 15.

Contracts to raise and sell farm products, title 43, ch. 15.

43-20-203. Part definitions.

As used in this part, unless the context otherwise requires:

  1. “Board” means the Tennessee soybean promotion board established by § 43-20-102;
  2. “Commissioner” means the commissioner of agriculture;
  3. “Department” means the department of agriculture;
  4. “Producer” means a person who produces soybeans as an ongoing commercial operation and includes any landowner who shares in the production costs or the proceeds of the sale of any soybeans that are grown on the landowner's land; and
  5. “Purchaser” means any person, public or private corporation, federal commodity credit corporation, association or partnership, buying, accepting shipment or otherwise accepting the property, in or to soybeans from a producer, and includes a mortgagee, pledgee, lienor, or other person, public or private, having a claim against the producer when the actual or constructive possession of the soybeans is taken as part payment or in satisfaction of the mortgage, pledge, lien, or claim.

Acts 1985, ch. 108, § 3; 1987, ch. 183, § 1.

43-20-204. Legality of associations, meetings or actions — Restraint of trade.

No association, meeting or act undertaken pursuant to this part and intended to benefit the producers and purchasers of soybeans is illegal or in restraint of trade.

Acts 1985, ch. 108, § 4.

43-20-205. Assessment on producers — Application for referendum.

Any commission, council, board or other entity that is fairly representative of soybean producers may make application to the commissioner requesting a referendum of producers of soybeans upon the question of whether an assessment of a specified amount should be levied, collected and disbursed under this part, or whether a prior assessment should be amended or terminated. The application shall state the amount of the assessment per bushel that is to be proposed in the referendum, and a brief statement of the purposes for which the funds collected will be spent.

Acts 1985, ch. 108, § 5.

Cross-References. Assessment levied on producers, § 43-20-103.

43-20-206. Date of referendum — Notice.

Within thirty (30) days of receipt of an application requesting a referendum, the commissioner shall set a date for the referendum, which shall not be more than sixty (60) days after receipt of the application, and shall publish by newspaper, the date of the referendum, the polling places and the hours they will be open, the amount of the proposed assessment, and the date the assessment shall begin, if adopted.

Acts 1985, ch. 108, § 6.

43-20-207. Referendum.

  1. Any referendum held under this part shall be conducted statewide, under the control and direction of the commissioner. The polling place in each county shall be the offices of the University of Tennessee agricultural extension office. All ballots shall be provided at the polling places.
  2. Each person seeking to vote in the referendum shall be required to sign an affidavit stating that the person is a producer as defined in § 43-20-203. Upon signing an affidavit, the person shall be eligible to vote. Any producer that is a corporation shall have only one (1) vote.
  3. The question to be decided at the first referendum shall be in the following form:

    “Shall the producers of soybeans assess themselves at the rate of  cents per bushel of soybeans sold, and use the funds so collected by the department of agriculture and paid over to the Tennessee soybean promotion board to finance a program of research, education, market development, marketing, advertising and other methods designed to promote the increased production, consumption, use and sale of soybeans and soybean products?”

  4. The affirmative vote of a majority of the number of votes cast shall adopt the proposed assessment.
  5. Within ten (10) days after the referendum, the commissioner shall canvass the votes and publicly announce the result of the referendum.
  6. The expenses of referenda held under this part shall be paid by the department until an assessment is levied. Expenses of subsequent referenda shall be paid from the Tennessee soybean promotion fund.
  7. No referendum pursuant to this part shall be held within one (1) year of any preceding referendum.

Acts 1985, ch. 108, § 7.

43-20-208. Deductions.

The assessed rate, as approved by referendum, shall be deducted by the purchaser from the amount paid the producer at the first point of sale. Within twenty (20) days after the end of each calendar month, each purchaser shall remit to the board the total amount of funds withheld from producers.

Acts 1985, ch. 108, § 8; 1987, ch. 183, §§ 5, 6; 1987, ch. 352, § 5; 1991, ch. 157, § 1.

43-20-209. Records of purchasers.

Each purchaser shall keep a complete and accurate record of all soybeans handled by that purchaser and shall furnish each producer with a signed sales slip showing the number of bushels purchased from that producer and the amount deducted by the purchaser for the Tennessee soybean promotion fund. Such records shall be kept for two (2) years and be open to inspection at any time with or without notice by the commissioner, the board or its representatives. The board may, from time to time, require any purchaser to submit records and reports deemed necessary for the collection of the assessment.

Acts 1985, ch. 108, § 9; 1991, ch. 157, § 2.

43-20-210. Applications for refunds — Refund forms.

  1. Within ninety (90) days of an assessment being withheld by the purchaser, any producer may make application, on forms to be prescribed by the board, to the board for a refund of assessments withheld. The application shall be accompanied by copies of sales slips signed by the purchaser evidencing the withheld assessments for which refund is sought.
  2. Refund forms shall be made available in each University of Tennessee county extension office, and shall be displayed and made available to producers at those locations.

Acts 1985, ch. 108, § 10; 1987, ch. 271, § 1; 1991, ch. 157, § 3.

43-20-211. Referendum on assessment remaining in effect.

If the commissioner determines that during the first two (2) years the assessment is in effect that over fifty percent (50%) of the proceeds generated by the assessment is being refunded, then the commissioner shall conduct a referendum, within one hundred twenty (120) days of the end of the two-year period, on whether the assessment shall remain in effect.

Acts 1985, ch. 108, § 11.

43-20-212. Use of funds — Prohibited use of funds — Minutes — Reports.

  1. The board shall expend the proceeds of the assessment solely to finance a program of research, education, market development, marketing, advertising and other methods designed to promote the increased consumption, production, use and sale of soybean and soybean products. The board may accept gifts and grants, and shall invest its idle funds.
  2. The board shall not expend its funds in any manner for political purposes, or to influence any rule-making process, either state or federal. The board shall submit the minutes of all meetings and an annual detailed financial statement to the commissioner, the clerk of the house of representatives, the clerk of the senate and the state library and archives. The annual report shall include, but not be limited to, a list of all grantees of funds and a status report of all grants, indicating utilization of grant funds in compliance with this section.

Acts 1985, ch. 108, § 12; 1987, ch. 352, § 6; 2014, ch. 620, § 4.

Amendments. The 2014 amendment deleted the former second sentence in (a) which read: “Members of the board shall not be compensated but shall be reimbursed travel expenses in accordance with the travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.”

Effective Dates. Acts 2014, ch. 620, § 6. April 4, 2014.

Cross-References. Funds used for research and promotion and political use of funds prohibited, § 43-20-105.

43-20-213. Personal debt of purchaser — Late payment penalty.

Any amount withheld, or that should have been withheld, by the purchaser due to the assessment shall be a personal debt of the purchaser. If the purchaser's monthly payments to the board are not timely made, a penalty of ten percent (10%) of the amount due shall be imposed. The board is authorized to collect assessments due by any legal proceeding in a court of competent jurisdiction.

Acts 1985, ch. 108, § 13; 1991, ch. 157, § 4.

43-20-214. Waiver of assessment.

Upon the effective date of an assessment levied pursuant to this part, the commissioner may waive the assessment imposed in § 43-20-103(a). It is the express intent of the general assembly that only one (1) assessment for the promotion of soybeans be in effect at any time.

Acts 1985, ch. 108, § 14.

43-20-215. Rules and regulations.

The commissioner is authorized to promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to provide for the implementation of this part.

Acts 1985, ch. 108, § 15.

43-20-216. Agreements for collection of assessments or collateral.

The board may enter into an agreement with the federal commodity credit corporation to collect the specified assessment on all soybeans pledged as collateral for a commodity credit corporation price support loan or purchased by the commodity credit corporation under its loan or its purchase programs.

Acts 1987, ch. 183, § 2.

Chapter 21
Fairs

Part 1
State Aid

43-21-101. Disbursement of state aid grants by commissioner.

All grants of state aid to agricultural fairs by appropriation of the general assembly shall be disbursed by the commissioner of agriculture according to this chapter.

Acts 1949, ch. 156, § 1; C. Supp. 1950, § 552.33 (Williams, § 552.56); T.C.A. (orig. ed.), § 43-2401.

Cross-References. Exemption from business tax, § 67-4-712.

Mass gatherings, title 68, ch. 112.

Powers and duties of department of agriculture, § 4-3-203.

Premiums at fairs, § 39-17-508.

Race meeting fairs, § 36-311.

State and county fairs, § 5-9-102.

Comparative Legislation. Fairs:

Ala.  Code § 2-7-1 et seq.

Ark.  Code § 2-36-101 et seq.

Ga. O.C.G.A. § 2-2-8 et seq.

Ky. Rev. Stat. Ann. § 247.090 et seq.

Miss.  Code Ann. § 69-5-1 et seq.

Mo. Rev. Stat. § 262.470 et seq.

N.C. Gen. Stat. § 106-502 et seq.

Collateral References. Agriculture 3.

43-21-102. Fairs eligible for state aid grants — Use of funds — Forfeiture of privilege.

The commissioner of agriculture, for the purpose of fostering and developing agriculture within the state of Tennessee, is authorized to pay state aid from the grants made by the general assembly for such purposes to nonprofit agricultural shows held for the purpose of advancing agriculture. Fairs that receive state aid shall use their profits for future fair improvements, increasing their premium lists, and furthering the growth, expansion, and usefulness of fairs in every way possible, and to provide for a possible deficit at some future fair. Whenever a fair converts its profits into the treasury of a county, or pays dividends to stockholders, it forfeits its privilege of sharing in state aid.

Acts 1949, ch. 156, § 2; C. Supp. 1950, § 552.34 (Williams, § 552.57); T.C.A. (orig. ed.), § 43-2402.

43-21-103. Amount each fair to receive — Limitation on amount.

The amount of state aid given a community, county, district, division or other agricultural show shall be a percentage of the premiums paid by the show, except for special merit, as is provided in this section:

  1. No community fair shall be paid more than fifty percent (50%) of its approved agricultural premiums in any one (1) year;
  2. No county fair shall be paid more than fifty percent (50%) of its approved agricultural premiums in any one (1) year;
  3. No district fair shall be paid more than fifty percent (50%) of its approved agricultural premiums in any one (1) year; and
  4. No division fair shall be paid more than fifty percent (50%) of its approved agricultural premiums in any one (1) year.

Acts 1949, ch. 156, § 3; C. Supp. 1950, § 552.35 (Williams, § 552.58); Acts 1957, ch. 261, § 1; T.C.A. (orig. ed.), § 43-2403; Acts 1980, ch. 670, §§ 1-4.

Cross-References. Grand divisions, title 4, ch. 1, part 2.

43-21-104. Chapter definitions.

For the purpose of this chapter, unless the context otherwise requires:

  1. “Community fair” means a fair serving an area of less than an entire county, at which are exhibited, in a manner satisfactory to the commissioner of agriculture, with cash premiums being paid to the exhibitors thereof, agricultural products produced in the area served;
  2. “County fair” means a fair serving an entire county;
  3. “District fair” means a fair serving at least five (5) counties but less than an entire grand division of the state and paying not less than a minimum of seven thousand dollars ($7,000) in cash premiums; and
  4. “Division fair” means a fair serving a major region of the state and paying more than twenty thousand dollars ($20,000) in premiums.

Acts 1949, ch. 156, § 3; C. Supp. 1950, § 552.35 (Williams, § 552.58); Acts 1957, ch. 261, § 2; 1976, ch. 633, § 1; T.C.A. (orig. ed.), § 43-2404.

Compiler's Notes. Title 48, ch. 1, part 11, referred to in this section, was repealed, effective January 1, 1988, by Acts 1986, ch. 887, § 17.05 and Acts 1987, ch. 242, § 18.05.

Cross-References. Grand division, title 4, ch. 1, part 2.

43-21-105. Aid not to exceed appropriation.

The total of state aid to be paid by the commissioner of agriculture to eligible fairs shall not exceed the appropriation made to aid agricultural fairs by the general assembly.

Acts 1949, ch. 156, § 4; C. Supp. 1950, § 552.36 (Williams, § 552.59); T.C.A. (orig. ed.), § 43-2405.

43-21-106. Premiums for enumerated exhibits may share in state aid.

The commissioner of agriculture shall grant such state aid only on cash premiums paid on approved classes of:

  1. Cattle, swine, sheep, goats, farmwork stock, including mules shown to halter or farm vehicles, jack stock and light horses to halter;
  2. Poultry, eggs, and dairy products;
  3. Field, garden and horticultural products;
  4. Home economics displays;
  5. Junior agricultural projects; and
  6. Agricultural educational exhibits.

Acts 1949, ch. 156, § 5; C. Supp. 1950, § 552.37 (Williams, § 552.60); Acts 1957, ch. 261, § 3; 1963, ch. 135, § 1; T.C.A. (orig. ed.), § 43-2406.

Cross-References. Lawful to contest for premiums at fairs, § 39-17-508.

43-21-107. Statement of premiums to be awarded — Allotment on basis of statement — When funds paid.

On a date to be specified by the commissioner of agriculture, the president and secretary of any fair, or agricultural society wishing to share in state aid to fairs as provided for under § 43-21-102, shall file with the commissioner a sworn statement of premiums to be paid during the current fair season for entries outlined in § 43-21-106. In addition thereto and together with sworn statement, the president and secretary shall also show correctly the exact amount paid in premiums for the same entries in the preceding fair season. State aid on the basis of premiums paid during the preceding fair season will be allocated by the commissioner for the current fair season. Whenever any fair did not operate during the preceding fair season, the commissioner is authorized in that instance alone to make an allocation of state aid based upon the estimate of premiums to be paid during the current fair season.

Acts 1949, ch. 156, § 6; C. Supp. 1950, § 552.38 (Williams, § 552.61); Acts 1955, ch. 310, § 1; T.C.A. (orig. ed.), § 43-2407.

43-21-108. List of premium winners and receipts to be furnished commissioner before payment.

Before the commissioner of agriculture pays state aid to any fair association, the association shall file with the commissioner, over the signature of the secretary, a typewritten report of approved premiums paid by the association, namely, those outlined in § 43-21-106. This report shall show the name and address of each premium winner, the amount paid to each winner, the name of each winning entry, and the total amount paid to all winners. The secretary of the fair shall send to the commissioner, together with the report outlined above, the cancelled checks, or signed receipts, used in paying the premiums listed on the report. The commissioner may accept a certified summary of premiums paid by a fair association who has paid approved agriculture premiums in excess of fifteen thousand dollars ($15,000); provided, that any fair may submit a statement prepared and certified by an accountant instead of the certified summary.

Acts 1949, ch. 156, § 7; C. Supp. 1950, § 552.39 (Williams, § 552.62); Acts 1974, ch. 430, § 1; 1978, ch. 596, § 1; T.C.A. (orig. ed.), § 43-2408.

43-21-109. Determination of compliance — Issuance of voucher upon compliance.

  1. The commissioner of agriculture shall determine from the evidence outlined above, namely, reports and checks or receipts, and by any inquiries that shall be considered necessary by the commissioner, whether or not the fair has been held in accordance with all the foregoing provisions of this chapter.
  2. If, in the commissioner's judgment, the fair has complied with all the requirements of this chapter, the commissioner shall issue a state voucher according to the regular accounting procedures in effect in the department of agriculture and shall pass such voucher on to the department of finance and administration for approval; but the commissioner shall refuse to pay state aid to any fair that has not been held in accordance with this chapter.

Acts 1949, ch. 156, § 8; C. Supp. 1950, § 552.40 (Williams, § 552.63); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 43-2409.

43-21-110. Commissioner authorized to make regulations.

The commissioner of agriculture is empowered to make such rules and regulations in conformity with this chapter as, in the commissioner's judgment, may promote better agricultural fairs and agriculture in general in Tennessee.

Acts 1949, ch. 156, § 9; C. Supp. 1950, § 552.41 (Williams, § 552.64); T.C.A. (orig. ed.), § 43-2410.

43-21-111. Appropriation for state aid — Special awards for merit.

  1. There is appropriated from the general funds of the state the sum of one hundred sixty thousand dollars ($160,000) annually to be disbursed for state aid to agricultural fairs in accordance with this chapter.
  2. The commissioner is authorized to expend a maximum of ten percent (10%) of this annual appropriation for administration of the laws contained in this chapter, including, but not limited to, education of persons conducting fairs in the state in agricultural fair administration and the salary of a full-time employee, whose duty shall be to promote and improve the operation of fairs in this state as directed by the commissioner. The employment of such person is authorized by this subsection (b).
  3. In addition, the commissioner is authorized, in the commissioner's discretion, to grant state aid to fairs that are not under this chapter entitled to state aid and to beginning fairs needing financial assistance, but these discretionary grants shall not exceed an aggregate sum of ten thousand dollars ($10,000) annually.
  4. The annual appropriation after the deduction of sums used as authorized in subsections (b) and (c) for administration hereof and for discretionary aid to fairs not otherwise entitled to aid shall be divided into two (2) funds, one (1) of which shall be two thirds (2/3) of the remaining total, all of which shall be used for the award of state aid to fairs provided for in § 43-21-103 et seq., and a second fund consisting of one third (1/3) of the remaining total, which shall be disbursed as provided in subsection (e) to those fairs that attain special excellence in operations.
  5. For the purpose of determining state champion county fairs, the total sum of eligible county fairs shall be divided into three (3) classifications based upon the population of the county served by a fair as reported in the most current available census. In descending order of population, the top one third (1/3) shall be classified as triple “A” (AAA) fairs, the middle one third (1/3) as double “A” (AA) fairs, and the bottom one third (1/3) as single “A” (A) fairs. There shall be a state championship award to the champion county fair each year in each of the three (3) classifications; and there shall also be designated a first runner-up and a second runner-up each year in each classification. There shall be awarded to each fair determined worthy thereof an award to be known as the special award of merit. No fair shall be eligible for more than one (1) of the four (4) designations in each classification. The commissioner is authorized to designate as deputies or agents for the purpose of determining those fairs that are entitled to the special awards such citizens of the state as the commissioner may deem capable of this determination, including, but not limited to, the persons who shall constitute the officers and directors of any state association of fairs that may be in existence; and is authorized to adopt reasonable rules, regulations and standards to be followed in the selection of those fairs worthy of the awards.
    1. The best county fair in each classification shall be entitled to receive out of the special awards fund a special merit award equal to one hundred percent (100%) of the state aid paid to it under § 43-21-103.
    2. Each of the remaining eligible fairs shall share in the balance of the special awards fund in an amount equally proportionate to the state aid paid to each individual fair under § 43-21-103.
  6. Community fairs shall not participate in the fund provided for in this section for disbursement to fairs that attain special excellence.
  7. If any sum remains unused out of the fund provided for distribution under § 43-21-103, that sum shall be added to the special merit award fund and distributed to the fairs entitled to special merit awards.
  8. The commissioner is empowered to reduce merit awards not to exceed twenty percent (20%) in case proper records and reports are not filed as required under the merit awards program.

Acts 1957, ch. 261, § 4; 1963, ch. 135, § 2; T.C.A., § 43-2411; Acts 1980, ch. 670, § 5; 1991, ch. 150, §§ 1-3.

Compiler's Notes. For table of U.S. decennial populations of Tennessee counties, see Volume 13 and its supplement.

43-21-112. Limitation on amount of state aid.

No fair shall receive state aid in excess of fifty percent (50%) of its approved agricultural premiums in any one (1) year under this chapter. In no case shall a fair association in any one (1) season be paid in both state aid and merit award combined more than one half (½) the amount paid by the association in approved agricultural premiums as set out in § 43-21-106.

Acts 1957, ch. 261, § 4; 1963, ch. 135, § 3; T.C.A., § 43-2412; Acts 1980, ch. 670, § 6.

Part 2
Youth Advisory Council

43-21-201. Establishment.

The commissioner of agriculture is authorized to appoint and convene a youth advisory council to study and recommend to the commissioner methods of promoting the involvement of youth in Tennessee agricultural fairs and shows.

Acts 1981, ch. 288, § 1.

Cross-References. Powers and duties of department of agriculture, § 4-3-203.

Premiums at fairs, § 39-17-508.

Race meeting fairs, § 36-311.

State and county fairs, § 5-9-102.

43-21-202. Membership.

  1. The council may consist of up to nine (9) members, appointed in such manner as to give equal representation to each of the three (3) grand divisions of the state. The commissioner shall appoint at least one (1) member from the membership of each of the following organizations: Future Farmers of America, 4-H, and Future Homemakers of America.
  2. Members must be sixteen (16) through twenty-one (21) years of age, and they must be recommended to serve on the council by the board of any agricultural fair.

Acts 1981, ch. 288, § 1.

Cross-References. Grand divisions of state, title 4, ch. 1, part 2.

43-21-203. Meetings — Expenses.

The council may be convened as often as three (3) times annually, and expenses of council members shall be reimbursed in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter.

Acts 1981, ch. 288, § 1.

43-21-204. Terms of members.

Members shall serve at the pleasure of the commissioner of agriculture.

Acts 1981, ch. 288, § 1.

Chapter 22
Farm Bureau

43-22-101. Use of words “farm bureau” restricted to Tennessee Farm Bureau Federation.

The use of the words “farm bureau” by any person, firm, partnership, association, corporation, or other business enterprise doing business in the state of Tennessee, except by the Tennessee Farm Bureau Federation, or its subsidiaries, or affiliate associations, is unlawful.

Acts 1949, ch. 46, § 1; C. Supp. 1950, § 552.42 (Williams, § 11412.16); T.C.A. (orig. ed.), § 43-2301.

Cross-References. Agriculture commodities promotion, title 43, ch. 29.

Law Reviews.

Property Rights vs. Public Use: Analyzing Tennessee's Response to Kelo Eminent Domain Ruling (Scott Griswold), 43 Tenn B.J. 14 (2007).

Cited: Alfred v. Tennessee Farmers Mut. Ins. Co., 8 F. Supp. 2d 1024, 1997 U.S. Dist. LEXIS 22655 (E.D. Tenn. 1997).

Comparative Legislation. Farm bureau:

Ky. Rev. Stat. Ann. § 247.240 et seq.

Miss.  Code Ann. § 79-17-11 et seq.

Va. Code § 3.1-73.1 et seq.

Collateral References. 3 Am. Jur. 2d Agriculture § 58 et seq.

3 C.J.S. Agriculture § 8.

Agriculture 2.

43-22-102. Other uses of words “farm bureau” unlawful — Exception.

The use of the words “farm bureau,” either preceded by or followed by the name of any state, county, or town, or by any word designating a product, service, activity, or enterprise in the state of Tennessee, is unlawful; provided, that this shall not limit nor affect the right of the Tennessee Farm Bureau Federation, or any of its affiliate associations, to the free use of such words.

Acts 1949, ch. 46, § 2; C. Supp. 1950, § 552.43 (Williams, § 11412.17); T.C.A. (orig. ed.), § 43-2302.

43-22-103. Federation's permission to use words — Methods of exercising.

The Tennessee Farm Bureau Federation may authorize its affiliate or associate organizations, services, or activities to use the words “farm bureau” by resolution duly adopted and spread upon the minutes of its board of directors, a certified copy of which shall be filed with the secretary of state before these words shall be used by any other than the Tennessee Farm Bureau Federation.

Acts 1949, ch. 46, § 3; C. Supp. 1950, § 552.44 (Williams, § 11412.18); T.C.A. (orig. ed.), § 43-2303.

43-22-104. Penalty for violation.

Any person, firm, partnership, association, or corporation violating any of the provisions of this chapter commits a Class C misdemeanor.

Acts 1949, ch. 46, § 4; C. Supp. 1950, § 552.45 (Williams, § 11412.19); T.C.A. (orig. ed.), § 43-2304; Acts 1989, ch. 591, § 113.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

Chapter 23
Public Mills [Repealed]

43-23-101. [Repealed.]

Compiler's Notes. Former ch. 23, §§ 43-23-10143-23-126 concerning public mills, was repealed by Acts 2006, ch. 863, §  12, effective July 1, 2006.

43-23-102. [Repealed.]

Compiler's Notes. Former ch. 23, §§ 43-23-10143-23-126, concerning public mills, was repealed by Acts 2006, ch. 863, §  12, effective July 1, 2006.

43-23-103. [Repealed.]

Compiler's Notes. Former ch. 23, §§ 43-23-10143-23-126, concerning public mills, was repealed by Acts 2006, ch. 863, §  12, effective July 1, 2006.

43-23-104. [Repealed.]

Compiler's Notes. Former ch. 23, §§ 43-23-10143-23-126, concerning public mills, was repealed by Acts 2006, ch. 863, §  12, effective July 1, 2006.

43-23-105. [Repealed.]

Compiler's Notes. Former ch. 23, §§ 43-23-10143-23-126, concerning public mills, was repealed by Acts 2006, ch. 863, §  12, effective July 1, 2006.

43-23-106. [Repealed.]

Compiler's Notes. Former ch. 23, §§ 43-23-10143-23-126, concerning public mills, was repealed by Acts 2006, ch. 863, §  12, effective July 1, 2006.

43-23-107. [Repealed.]

Compiler's Notes. Former ch. 23, §§ 43-23-10143-23-126, concerning public mills, was repealed by Acts 2006, ch. 863, §  12, effective July 1, 2006.

43-23-108. [Repealed.]

Compiler's Notes. Former ch. 23, §§ 43-23-10143-23-126, concerning public mills, was repealed by Acts 2006, ch. 863, §  12, effective July 1, 2006.

43-23-109. [Repealed.]

Compiler's Notes. Former ch. 23, §§ 43-23-10143-23-126, concerning public mills, was repealed by Acts 2006, ch. 863, §  12, effective July 1, 2006.

43-23-110. [Repealed.]

Compiler's Notes. Former ch. 23, §§ 43-23-10143-23-126, concerning public mills, was repealed by Acts 2006, ch. 863, §  12, effective July 1, 2006.

43-23-111. [Repealed.]

Compiler's Notes. Former ch. 23, §§ 43-23-10143-23-126, concerning public mills, was repealed by Acts 2006, ch. 863, §  12, effective July 1, 2006.

43-23-112. [Repealed.]

Compiler's Notes. Former ch. 23, §§ 43-23-10143-23-126, concerning public mills, was repealed by Acts 2006, ch. 863, §  12, effective July 1, 2006.

43-23-113. [Repealed.]

Compiler's Notes. Former ch. 23, §§ 43-23-10143-23-126, concerning public mills, was repealed by Acts 2006, ch. 863, §  12, effective July 1, 2006.

43-23-114. [Repealed.]

Compiler's Notes. Former ch. 23, §§ 43-23-10143-23-126, concerning public mills, was repealed by Acts 2006, ch. 863, §  12, effective July 1, 2006.

43-23-115. [Repealed.]

Compiler's Notes. Former ch. 23, §§ 43-23-10143-23-126, concerning public mills, was repealed by Acts 2006, ch. 863, §  12, effective July 1, 2006.

43-23-116. [Repealed.]

Compiler's Notes. Former ch. 23, §§ 43-23-10143-23-126, concerning public mills, was repealed by Acts 2006, ch. 863, §  12, effective July 1, 2006.

43-23-117. [Repealed.]

Compiler's Notes. Former ch. 23, §§ 43-23-10143-23-126, concerning public mills, was repealed by Acts 2006, ch. 863, §  12, effective July 1, 2006.

43-23-118. [Repealed.]

Compiler's Notes. Former ch. 23, §§ 43-23-10143-23-126, concerning public mills, was repealed by Acts 2006, ch. 863, §  12, effective July 1, 2006.

43-23-119. [Repealed.]

Compiler's Notes. Former ch. 23, §§ 43-23-10143-23-126, concerning public mills, was repealed by Acts 2006, ch. 863, §  12, effective July 1, 2006.

43-23-120. [Repealed.]

Compiler's Notes. Former ch. 23, §§ 43-23-10143-23-126, concerning public mills, was repealed by Acts 2006, ch. 863, §  12, effective July 1, 2006.

43-23-121. [Repealed.]

Compiler's Notes. Former ch. 23, §§ 43-23-10143-23-126, concerning public mills, was repealed by Acts 2006, ch. 863, §  12, effective July 1, 2006.

43-23-122. [Repealed.]

Compiler's Notes. Former ch. 23, §§ 43-23-10143-23-126, concerning public mills, was repealed by Acts 2006, ch. 863, §  12, effective July 1, 2006.

43-23-123. [Repealed.]

Compiler's Notes. Former ch. 23, §§ 43-23-10143-23-126, concerning public mills, was repealed by Acts 2006, ch. 863, §  12, effective July 1, 2006.

43-23-124. [Repealed.]

Compiler's Notes. Former ch. 23, §§ 43-23-10143-23-126, concerning public mills, was repealed by Acts 2006, ch. 863, §  12, effective July 1, 2006.

43-23-125. [Repealed.]

Compiler's Notes. Former ch. 23, §§ 43-23-10143-23-126, concerning public mills, was repealed by Acts 2006, ch. 863, §  12, effective July 1, 2006.

43-23-126. [Repealed.]

Compiler's Notes. Former ch. 23, §§ 43-23-10143-23-126, concerning public mills, was repealed by Acts 2006, ch. 863, §  12, effective July 1, 2006.

Chapter 24
Tennessee Community Gardening Act

43-24-101. Short title.

This chapter shall be known and may be cited as the “Tennessee Community Gardening Act.”

Acts 2014, ch. 556, § 1.

Compiler's Notes. Former title 43, ch. 24, §§ 43-24-10143-24-109 (Acts 1977, ch. 409, §§ 1-8; T.C.A., §§ 43-3101—43-3108; Acts 2009, ch. 66, § 2; 2011, ch. 330, §§ 1-10; 2013, ch. 3, § 1), concerning community gardening was repealed and reenacted by Acts 2014, ch. 556, § 1, effective March 21, 2014.

Effective Dates. Acts 2014, ch. 556, § 7. March 21, 2014.

43-24-102. Chapter definitions.

As used in this chapter, unless the context otherwise requires:

  1. “Community garden” means a piece of real property, either on vacant public land or on private land, cultivated by residents of a neighborhood or community, or members of a homeowners or condominium owners association for the purpose of providing the following for the use of residents of the neighborhood or community, or members of the homeowners or condominium owners association:
    1. Vegetables, nuts, herbs, fruit, or flowers, whether by means of cultivating annual, biennial or perennial plants, or trees; and
    2. Honey and honey byproducts, through the placement and use of beehives;
  2. “Grand-mentoring” means collaborative projects between persons sixty (60) years of age or older and students in kindergarten through twelfth (K-12) grade;
  3. “Local government” means any municipality, county or metropolitan government;
  4. “Use” means, when applied to gardening and beekeeping, to make use of, without conveyance of title or any other ownership; and
  5. “Vacant public land” means any land owned by a local government that is not in use for public purposes.

Acts 2014, ch. 556, § 1; 2017, ch. 35, §§ 1, 2.

Compiler's Notes. Former title 43, ch. 24, §§ 43-24-10143-24-109 (Acts 1977, ch. 409, §§ 1-8; T.C.A., §§ 43-3101—43-3108; Acts 2009, ch. 66, § 2; 2011, ch. 330, §§ 1-10; 2013, ch. 3, § 1), concerning community gardening was repealed and reenacted by Acts 2014, ch. 556, § 1, effective March 21, 2014.

Amendments. The 2017 amendment substituted “the purpose of providing the following for the use of residents” for “the purpose of providing vegetables, nuts, herbs, fruit or flowers, whether by means of cultivating annual, biennial or perennial plants, or trees, for use of residents” in the present introductory phrase, and added (A) and (B) in the definition of  “community garden”; and inserted “and beekeeping” in the definition of “use”.

Effective Dates. Acts 2014, ch. 556, § 7. March 21, 2014.

Acts 2017, ch. 35, § 4. March 30, 2017.

43-24-103. Legislative intent — Local governments authorized to establish community gardening programs — Use of vacant public land — Use of private property — Priority in allotment of public land — Private property exempt from certain requirements.

      1. It is the intent of this chapter to create authority for local governments to promote healthy eating and active living in their community by encouraging and supporting community gardens. In furtherance of this intent, local governments are authorized to establish community gardening programs.
      2. Any local government may allow and encourage the use of vacant public land for community gardening under terms and conditions established by ordinance in the case of municipalities and metropolitan governments and resolution in the case of counties. These local regulations may include, in addition to other requirements:
        1. A requirement for a permit for which a reasonable permit fee may be charged;
        2. A requirement that the permittee provide security in the form of a refundable deposit or otherwise for proper clean-up of the community garden after harvest is completed;
        3. A requirement that the permittee possess liability insurance and accept liability for any injury or damage resulting from use of vacant public land for community gardening; and
        4. A requirement that the permittee indemnify and save harmless the local government and its officers, agents and employees against suits and claims of liability arising out of, or in consequence of, the use of vacant public land.
    1. Any local government may establish a program, with the cooperation and assistance of the county agricultural extension agent, for the ready identification of vacant public land available for community gardening.
    2. Any local government may assist in the development of community gardens on vacant public land or on private property by expending funds and providing use of materials and equipment for these purposes, and these expenditures and uses shall be considered a valid public purpose.
    3. Any owner of private land, including, but not limited to, individuals, corporations, partnerships, sole proprietorships, homeowner associations, condominium associations and other private property owners may make available to the local government parcels of land for community gardening under terms and conditions agreed upon between the local government and the owner.
  1. If there is a shortage of parcels or space for community gardening, first priority in the allotment of public land should be given to grand-mentoring and second priority in the allotment of public land should be given to persons sixty (60) years of age or older and persons whose gross annual income is equal to or less than the poverty guidelines published annually in the Federal Register by the United States department of health and human services under the authority of 42 U.S.C. § 9909(2).
  2. Community gardens located on private property and operated without the intervention of a local government are not subject to the permitting, security, insurance and indemnification requirements authorized in subdivision (a)(1)(B), but these and other provisions may be agreed upon by the parties. Community gardens located on private property shall comply with applicable state and local regulations relative to nuisances, property maintenance and the health, safety and welfare of the public.

Acts 2014, ch. 556, § 1.

Compiler's Notes. Former title 43, ch. 24, §§ 43-24-10143-24-109 (Acts 1977, ch. 409, §§ 1-8; T.C.A., §§ 43-3101—43-3108; Acts 2009, ch. 66, § 2; 2011, ch. 330, §§ 1-10; 2013, ch. 3, § 1), concerning community gardening was repealed and reenacted by Acts 2014, ch. 556, § 1, effective March 21, 2014.

Effective Dates. Acts 2014, ch. 556, § 7. March 21, 2014.

43-24-104. Chapter to be liberally construed — Property owners urged to expedite use of vacant or unused property for community gardening.

It is the policy of the state to encourage community gardening on both public and private property, and to that end this chapter shall be liberally construed. Local governments, homeowner or condominium associations, neighborhood or community associations, and private property owners are urged to expedite the use of vacant or unused real property under their control for community gardening to the furthest extent practicable.

Acts 2014, ch. 556, § 1.

Compiler's Notes. Former title 43, ch. 24, §§ 43-24-10143-24-109 (Acts 1977, ch. 409, §§ 1-8; T.C.A., §§ 43-3101—43-3108; Acts 2009, ch. 66, § 2; 2011, ch. 330, §§ 1-10; 2013, ch. 3, § 1), concerning community gardening was repealed and reenacted by Acts 2014, ch. 556, § 1, effective March 21, 2014.

Effective Dates. Acts 2014, ch. 556, § 7. March 21, 2014.

43-24-105. Registration as beekeeper.

Any person, including, but not limited to, a grand mentor, who provides honey or honey byproducts through the placement and use of beehives under this chapter shall first be registered as a beekeeper pursuant to the Tennessee Apiary Act of 1995, compiled in title 44, chapter 15, and shall be subject to all provisions of such act.

Acts 2017, ch. 35, § 3.

Effective Dates. Acts 2017, ch. 35, § 4. March 30, 2017.

Chapter 25
Registration of Farm Names

43-25-101. Names of farms and farm homes may be registered, and be placed on or near public highway.

All owners of farms and farm homes located in this state are authorized and empowered, in their discretion, to adopt suitable names for their farms or farm homes and to register the names with the department of agriculture, as provided in § 43-25-104, each name to be placed in a conspicuous place on or near a public highway.

Acts 1925, ch. 34, § 1; Shan. Supp., § 320a1; Code 1932, § 437; T.C.A. (orig. ed.), § 43-2501.

Comparative Legislation. Farm names:

Ky. Rev. Stat. Ann. § 247.380.

Mo. Rev. Stat. § 417.240.

N.C. Gen. Stat. § 80-33 et seq.

Collateral References. Agriculture 1, 2.

43-25-102. Registration of a farm or farm home name prevents registration under a like name.

When any owner or owners of any farm or farms or farm home located in any county in this state have complied with this chapter, no other farm or farm home located in that county shall be registered under a like name.

Acts 1925, ch. 34, § 2; Shan. Supp., § 320a2; Code 1932, § 438; T.C.A. (orig. ed.), § 43-2502.

43-25-103. Application blanks to be furnished.

It is the duty of the commissioner to have printed suitable blanks upon which application for registration shall be made, and to furnish blanks to all persons desiring to comply with this chapter.

Acts 1925, ch. 34, § 4; Shan. Supp., § 320a4; Code 1932, § 440; T.C.A. (orig. ed.), § 43-2503.

43-25-104. Application for registration of name — Contents — Form.

  1. Any person desiring to register the name of that person's farm or farm home with the department shall make application for registration to the commissioner upon forms to be furnished by the commissioner.
  2. The application shall give the name adopted for the farm or farm home and its post office address and rural route and shall be signed by the person making the application.

Acts 1925, ch. 34, § 3; Shan. Supp., § 320a3; Code 1932, § 439; T.C.A. (orig. ed.), § 43-2504.

43-25-105. Registration books — Certificate of registration.

The commissioner shall provide a suitable book or books in which to enter the registrations provided for in this chapter; and, upon receipt of such applications for registration, shall cause the registration to be entered in the book or books by counties in compliance with this chapter, and shall issue to the person entitled thereto a certificate of registration.

Acts 1925, ch. 34, § 4; Shan. Supp., § 320a5; Code 1932, § 441; T.C.A. (orig. ed.), § 43-2505.

Chapter 26
Right to Farm

43-26-101. Short title.

This chapter shall be known and may be cited as the “Tennessee Right to Farm Act.”

Acts 1982, ch. 609, § 1.

Cross-References. Nuisance action or proceeding against feedlot, dairy farm or poultry production house, § 44-18-102.

Comparative Legislation. Right to farm law:

Va. § 3.1-22.28 et seq.

Cited: Shore v. Maple Lane Farms, LLC, — S.W.3d —, 2012 Tenn. App. LEXIS 229 (Tenn. Ct. App. Apr. 11, 2012).

Collateral References. Nuisance 33.

43-26-102. Chapter definitions.

As used in this chapter, unless the context otherwise requires:

  1. “Farm” means the land, buildings, and machinery used in the commercial production of farm products and nursery stock as defined in § 70-8-303;
  2. “Farm operation” means a condition or activity that occurs on a farm in connection with the commercial production of farm products or nursery stock as defined in § 70-8-303, and includes, but is not limited to: marketed produce at roadside stands or farm markets; noise; odors; dust; fumes; operation of machinery and irrigation pumps; ground and aerial seeding and spraying; the application of chemical fertilizers, conditioners, insecticides, pesticides, and herbicides; the employment and use of labor; marketing of farm products in conjunction with the production of farm products thereof; and any other form of agriculture as defined in § 43-1-113;
  3. “Farm product” means those plants and animals useful to man and includes, but is not limited to, forages and sod crops; grains and feed crops; dairy and dairy products; poultry and poultry products; livestock, including breeding and grazing; fruits; vegetables; flowers; seeds; grasses; hemp, as defined in § 43-27-101; trees; fish; apiaries; equine and other similar products; or any other product that incorporates the use of food, feed, fiber or fur; and
  4. [Deleted by 2019 amendment.]

Acts 1982, ch. 609, § 2; 2002, ch. 592, §§ 1, 2; 2014, ch. 581, § 3; 2014, ch. 916, §§ 3, 4; 2016, ch. 891, § 1; 2017, ch. 369, § 1; 2019, ch. 87, §§ 5, 6.

Compiler's Notes. For the preamble to the act concerning growing of industrial hemp, please refer to Acts 2014, ch. 916.

Amendments. The 2014 amendment by ch. 581, in the definition of “farm operation,” deleted “and” before “the employment”, and added “marketing of farm products in conjunction with the production of farm products thereof; and any other form of agriculture as defined in § 43-1-113;” near the end.

The 2014 amendment by ch. 916 inserted “industrial hemp;” near the end of the definition of “farm product”; and added the definition of “industrial hemp”.

The 2016 amendment substituted “and that are either grown from seed certified by a certifying agency, as defined in § 43-10-103, or grown by an institution of higher education in this state that offers a baccalaureate or post-graduate level program of study in agricultural sciences” for “grown from seed certified by a certifying agency, as defined by § 43-10-103” in the definition of “industrial hemp”.

The 2017 amendment rewrote the definition of “industrial hemp” which read: “ ‘Industrial hemp’ means the plants and plant parts of the genera cannabis that do not contain a delta-9 tetrahydrocannabinol (THC) concentration more than three tenths of one percent (0.3%) on a dry mass basis and that are either grown from seed certified by a certifying agency, as defined in § 43-10-103, or grown by an institution of higher education in this state that offers a baccalaureate or post-graduate level program of study in agricultural sciences.”

The 2019 amendment substituted “hemp, as defined in § 43-27-101” for “industrial hemp” in the definition of “farm product”; and deleted the former definition of “industrial hemp”  which read: “ ‘Industrial hemp’: (A)  Means the plants, plant parts, or whole plant extract, whether in manufacturing process or reconstituted, of the genera cannabis that do not contain a delta-9 tetrahydrocannabinol (THC) concentration more than three-tenths of one percent (0.3%) on a dry mass basis and that are grown: (i)  From seed or propagules from seed certified by a certifying agency, as defined in § 43-10-103; (ii)  From seed or propagules derived from landrace varieties of industrial hemp; or (iii)  By an institution of higher education in this state that offers a baccalaureate or post-graduate level program of study in agricultural sciences; and (B)  Includes any industrial hemp-derived products that do not contain more than three-tenths of one percent (0.3%) of delta-9 tetrahydrocannabinol (THC) in a topical or ingestible consumer product.”.

Effective Dates. Acts 2014, ch. 581, § 5. March 28, 2014.

Acts 2014, ch. 916, § 9. July 1, 2014; provided that for purposes of promulgating rules and regulations, the act shall take effect May 13, 2014.

Acts 2016, ch. 891, § 3. April 27, 2016.

Acts 2017, ch. 369, § 3. May 11, 2017.

Acts 2019, ch. 87, § 13. April 4, 2019.

Attorney General Opinions. County zoning of buildings used as residences by farmers and farm workers. OAG 14-79, 2014 Tenn. AG LEXIS 82 (9/4/14).

NOTES TO DECISIONS

1. Nuisance.

Homeowner presented a prima facie case of common-law nuisance because the noise from music concerts a neighbor hosted on his farm invaded her interests in the use and enjoyment of her property, and she was forced out of her home during daytime concerts and was a hostage to the noise at night; the rebuttable presumption in the Tennessee Right to Farm Act did not apply because the concerts bore no relation to the production of cattle, corn, vegetables, strawberries, or pumpkins at the farm. Shore v. Maple Lane Farms, LLC, 411 S.W.3d 405, 2013 Tenn. LEXIS 644 (Tenn. Aug. 19, 2013).

Occurrence of some farming activity at a farm was not sufficient to shield all activities occurring at the farm from nuisance suits; the Tennessee Right to Farm Act does not extend nuisance protection to all activities occurring on a farm, but rather, the Act provides nuisance protection only to the land, buildings, and machinery used in the commercial production of farm products and nursery stock, and to certain defined activities characterized as “farm operations.” Shore v. Maple Lane Farms, LLC, 411 S.W.3d 405, 2013 Tenn. LEXIS 644 (Tenn. Aug. 19, 2013).

43-26-103. Farms presumed not nuisances.

  1. It is a rebuttable presumption that a farm or farm operation is not a public or private nuisance. The presumption created by this subsection (a) may be overcome only if the person claiming a public or private nuisance establishes by a preponderance of the evidence that either:
    1. The farm operation, based on expert testimony, does not conform to generally accepted agricultural practices; or
    2. The farm or farm operation alleged to cause the nuisance does not comply with any applicable statute or rule, including without limitation statutes and rules administered by the department of agriculture or the department of environment and conservation.
  2. [Deleted by 2019 amendment.]
  3. [Deleted by 2019 amendment.]
  4. [Deleted by 2019 amendment.]
  5. [Deleted by 2019 amendment.]

Acts 1982, ch. 609, § 3; 2002, ch. 604, § 1; 2014, ch. 916, § 5; 2016, ch. 728, § 1; 2016, ch. 891, § 2; 2017, ch. 369, § 2; 2019, ch. 87, § 7.

Compiler's Notes. For the preamble to the act concerning growing of industrial hemp, please refer to Acts 2014, ch. 916.

Amendments. The 2014 amendment added (e) and (f).

The 2016 amendment by ch. 728, in (a), deleted “, except a new type of farming operation as described in subsection (b),” following “operation” in the first sentence, and added “a” preceding  “preponderance” in the second sentence; in (a)(2), substituted “rule” and “rules” for “regulation” and “regulations”; deleted (b) through (d), which read, “(b)  With regard to the initiation of a new type of farming operation, there is a rebuttable presumption that the new type of farm operation is not a public or private nuisance, if the new type of farming operation exists for one (1) year or more on the land that is the subject of an action for nuisance before the action is initiated. The presumption created by this subsection (b) may be overcome only if the person claiming a public or private nuisance establishes by a preponderance of the evidence that either: “(1)  The new type of farm operation, based on expert testimony, does not conform to generally accepted agricultural practices; or “(2)  The new type of farm operation alleged to cause the nuisance does not comply with any applicable statute or regulation, including without limitation statutes and regulations administered by the department of agriculture or the department of environment and conservation.“(c)  As used in this section, ‘new type of farming operation’ means a farm operation that is materially different in character and nature from previous farming operations and that is initiated subsequent to the date that the person alleging nuisance became the owner or lessee of the land, the use or enjoyment of which is alleged to be affected by the farming operation; ‘new type of farming operation’ does not include the expansion or addition of facilities for a type of farming operation that existed on the land that is the subject of an action for nuisance prior to the date that the person alleging nuisance became the owner or lessee of the land, the use or enjoyment of which is alleged to be affected by the farming operation.“(d)  Nothing in this section shall be construed as limiting the ability of the trier of fact to determine whether a particular farming activity is either a new type of farming operation as defined in this section, or is an expansion of or addition to an existing type of farming operation.”; and redesignated (e) and (f) as (b) and (c).

The 2016 amendment  by ch. 891 rewrote (b) and (c) which read: “(b) The department of agriculture shall oversee and annually license any grower who wishes to produce industrial hemp. The department shall develop rules and regulations concerning industrial hemp production within one hundred and twenty (120) days of May 13, 2014, including rules and regulations establishing reasonable fees for licenses, permits or other necessary expenses to defray the cost of implementing and operating the industrial hemp program in this state on an ongoing basis. All revenue collected pursuant to rules and regulations promulgated for the industrial hemp program shall be used exclusively for the administration and regulation of industrial hemp.“(c) Any person who cultivates an industrial hemp crop of any size shall obtain a license from the department of agriculture. In order to obtain an industrial hemp license, the grower shall agree that the department has the right to inspect the hemp crop for compliance. If a grower fails to obtain a license, the crop will be considered marijuana under § 39-17-415.”

The 2017 amendment added present (b)-(d); redesignated former (b) as present (e); in present (e), substituted “rules, including rules establishing reasonable fees for industrial hemp licenses, necessary to implement and administer an industrial hemp program” for “rules concerning industrial hemp production and processing, including rules establishing reasonable fees for licenses or permits to defray the cost of implementing and administering the industrial hemp program” in the first sentence, and substituted “this subsection (e) shall be used exclusively for administration” for “this subsection (b) shall be used exclusively for the administration” in the second sentence; and deleted former (c) which read: “Any person who cultivates an industrial hemp crop of any size, or who processes industrial hemp, in this state shall obtain an annual license from the department of agriculture. In order to obtain an industrial hemp license, the grower or processor shall agree that the department has the right to inspect the industrial hemp crop or inventory for compliance. If any grower or processor fails to obtain a license required by this section, any industrial hemp within the person's possession or control shall be considered marijuana under § 39-17-415.”

The 2019 amendment deleted (b)-(e), which read: “(b)  Any person who grows or processes industrial hemp in this state must obtain an annual license from the department of agriculture. In order to obtain and maintain an industrial hemp license, the grower or processor must consent to reasonable inspection by the department of agriculture of the person's industrial hemp crop and inventory.“(c)  Viable industrial hemp in the possession or control of a person licensed by the department as a grower or processor shall not be considered marijuana under § 39-17-415. Non-viable industrial hemp or any product made from non-viable industrial hemp procured through a grower or processor licensed by the department, or otherwise procured in accordance with the department's rules, shall not be considered marijuana under § 39-17-415.“(d)  The department of agriculture shall register landrace varieties of industrial hemp for the purpose of providing notice to licensed growers and processors of which landrace varieties of hemp are industrial hemp.“(e)  The department of agriculture shall promulgate rules, including rules establishing reasonable fees for industrial hemp licenses, necessary to implement and administer an industrial hemp program in this state on an ongoing basis. All revenue collected from fees established pursuant to this subsection (e) shall be used exclusively for administration of the industrial hemp program and regulation of industrial hemp.”

Effective Dates. Acts 2014, ch. 916, § 9. July 1, 2014; provided that for purposes of promulgating rules and regulations, the act shall take effect May 13, 2014.

Acts 2016, ch. 728, § 4, April 7, 2016.

Acts 2016, ch. 891, § 3. April 27, 2016.

Acts 2017, ch. 369, § 3. May 11, 2017.

Acts 2019, ch. 87, § 13. April 4, 2019.

NOTES TO DECISIONS

1. Agritourism.

Owners and operators of a farm, who operated a pumpkin patch and corn maze and conducted concerts on their property, were protected from the application of the local zoning laws by the Tennessee Right-to-Farm Act, T.C.A. § 43-26-101 et seq., because their farm activities were sufficient to meet the definition of agritourism under T.C.A. § 43-39-101(1). Additionally, a neighbor, who contended that the owners and operators were creating a nuisance, failed to rebut the presumption that the activities at the farm were not a nuisance pursuant to the Tennessee Right-to-Farm Act. Shore v. Maple Lane Farms, LLC, — S.W.3d —, 2012 Tenn. App. LEXIS 229 (Tenn. Ct. App. Apr. 11, 2012), rev'd, 411 S.W.3d 405, 2013 Tenn. LEXIS 644 (Tenn. Aug. 19, 2013).

2. Nuisance.

Homeowner presented a prima facie case of common-law nuisance because the noise from music concerts a neighbor hosted on his farm invaded her interests in the use and enjoyment of her property, and she was forced out of her home during daytime concerts and was a hostage to the noise at night; the rebuttable presumption in the Tennessee Right to Farm Act did not apply because the concerts bore no relation to the production of cattle, corn, vegetables, strawberries, or pumpkins at the farm. Shore v. Maple Lane Farms, LLC, 411 S.W.3d 405, 2013 Tenn. LEXIS 644 (Tenn. Aug. 19, 2013).

Trial court erred in dismissing the easement owners' complaint in its entirety because, while they did not rebut the presumption in the Tennessee Right to Farm Act that the servient owners' farming operations was not a nuisance, they stated a claim of unreasonable interference with the use of their easement across the servient owners' farm by asserting that the servient owners impaired and substantially destroyed the easement as an access route and that the impairment was actionable in damages. Curtis v. Parchman, — S.W.3d —, 2014 Tenn. App. LEXIS 112 (Tenn. Ct. App. Feb. 27, 2014).

Collateral References.

Hog breeding, confining, or processing facility as constituting nuisance. 93 A.L.R.5th 621.

43-26-104. Applicability of chapter — Construction.

This chapter does not affect any rights or duties that exist or mature under title 44, chapter 18. This chapter shall be broadly construed to effectuate its purposes.

Acts 1982, ch. 609, § 4; 2014, ch. 581, § 4.

Amendments. The 2014 amendment added the last sentence.

Effective Dates. Acts 2014, ch. 581, § 5. March 28, 2014.

Chapter 27
Hemp

43-27-101. Chapter definitions.

As used in this chapter:

  1. “Commissioner” means the commissioner of agriculture;
  2. “Department” means the department of agriculture;
  3. “Hemp” means the plant cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis; and
  4. “THC” means delta-9 tetrahydrocannabinol.

Acts 2019, ch. 87, § 12.

Compiler's Notes. Former chapter 27, §§ 43-27-10143-27-113 (Acts 1982, ch. 752, §§ 2-14; 1989, ch. 194, § 3; 1987, ch. 269, §§ 1-4; 1989, ch. 591, § 35), the Grain Warehouse and Storage Act, was repealed by Acts 1989, ch. 232, § 1. For the Tennessee Commodity Dealer and Warehouse Law, see ch. 32, part 1 of this title.

Effective Dates. Acts 2019, ch. 87, § 13. April 4, 2019.

43-27-102. Hemp license — Requirements — Records.

  1. Any person who produces hemp in this state shall obtain an annual license from the department.
  2. In order to obtain and maintain a hemp license, a person must:
    1. Submit to the department a description of all land on which the person produces hemp in this state, to include global positioning system coordinates and other information sufficient to identify the property;
    2. Submit to the department any other information prescribed by rules as necessary for the efficient enforcement of this chapter;
    3. Consent to reasonable inspection and sampling by the department of the person's hemp crop and inventory; and
    4. Not be convicted of a state or federal felony drug offense within the previous ten (10) years.
  3. The department shall maintain all records that the department creates, or that are submitted to the department, for regulation of hemp in this state for a period of at least five (5) years.

Acts 2019, ch. 87, § 12.

Compiler's Notes. Former chapter 27, §§ 43-27-10143-27-113 (Acts 1982, ch. 752, §§ 2-14; 1989, ch. 194, § 3; 1987, ch. 269, §§ 1-4; 1989, ch. 591, § 35), the Grain Warehouse and Storage Act, was repealed by Acts 1989, ch. 232, § 1. For the Tennessee Commodity Dealer and Warehouse Law, see ch. 32, part 1 of this title.

Effective Dates. Acts 2019, ch. 87, § 13. April 4, 2019.

43-27-103. Prohibited acts.

The following acts within this state are prohibited:

  1. Possession of rooted hemp by any person, other than a common carrier, without a valid license issued by the department;
  2. Possession of cannabis with THC concentrations greater than three-tenths of one percent (0.3%) on a dry weight basis;
  3. Failure to pay upon reasonable notice any license, sampling, or inspection fee assessed by the department;
  4. Violation of this chapter or any rule promulgated under this chapter; or
  5. Willful hindrance of the commissioner or the commissioner's authorized agent in performance of their official duties.

Acts 2019, ch. 87, § 12.

Compiler's Notes. Former chapter 27, §§ 43-27-10143-27-113 (Acts 1982, ch. 752, §§ 2-14; 1989, ch. 194, § 3; 1987, ch. 269, §§ 1-4; 1989, ch. 591, § 35), the Grain Warehouse and Storage Act, was repealed by Acts 1989, ch. 232, § 1. For the Tennessee Commodity Dealer and Warehouse Law, see ch. 32, part 1 of this title.

Effective Dates. Acts 2019, ch. 87, § 13. April 4, 2019.

43-27-104. Authority of commissioner.

  1. The commissioner is authorized to:
    1. Administer this chapter;
    2. Take all action necessary to obtain primary regulatory authority over the production of hemp in this state, as authorized by Section 297 of the Agriculture Improvement Act of 2018 (Public Law 115-334);
    3. Promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, as necessary for regulation of hemp in accordance with the federal Agriculture Improvement Act of 2018 and as determined by the commissioner to be necessary for the efficient enforcement of this chapter;
    4. Determine requirements for and issue licenses for the production of hemp in this state;
    5. Deny or revoke licenses and issue civil penalties up to one thousand dollars ($1,000) for each violation of this chapter or its rules;
    6. Establish reasonable fees for hemp licenses necessary to implement and administer a hemp program in this state on an ongoing basis. All revenue collected from fees established under this subdivision (a)(6) must be used exclusively for administration of a hemp regulatory program by the department;
    7. Require the maintenance or filing of records; and
    8. Enter during normal business hours any premises or conveyance of a person licensed under this chapter for purposes of inspection, sampling, and observation and copying of records required under this chapter.
  2. All rules promulgated by the department prior to July 1, 2019, for regulation of industrial hemp are null and void immediately upon rules promulgated to effectuate chapter 87 of the Public Acts of 2019 taking effect. Within one hundred twenty (120) days of chapter 87 of the Public Acts of 2019 becoming law, the department shall promulgate rules necessary to effectuate the purposes of this chapter. The commissioner is authorized to file emergency rules under § 4-5-208 as necessary for compliance with this subsection (b).

Acts 2019, ch. 87, § 12.

Compiler's Notes. Former chapter 27, §§ 43-27-10143-27-113 (Acts 1982, ch. 752, §§ 2-14; 1989, ch. 194, § 3; 1987, ch. 269, §§ 1-4; 1989, ch. 591, § 35), the Grain Warehouse and Storage Act, was repealed by Acts 1989, ch. 232, § 1. For the Tennessee Commodity Dealer and Warehouse Law, see ch. 32, part 1 of this title.

Effective Dates. Acts 2019, ch. 87, § 13. April 4, 2019.

43-27-105. Enforcement of chapter — Sample and analysis of hemp produced in state.

  1. The department shall enforce this chapter in a manner that may reasonably be expected to prevent production or distribution of cannabis with THC concentrations exceeding three-tenths of one percent (0.3%) on a dry weight basis, including random inspections and sampling of hemp licensees to ensure compliance with this chapter and rules promulgated under this chapter.
  2. The department shall sample and analyze hemp produced in this state and hemp products distributed in this state for THC concentrations, tested according to protocols prescribed by rule under this chapter. Departmental testing methods shall employ liquid chromatography tandem mass spectrometry, in a manner similarly reliable to post-decarboxylation, to determine a cannabinoid profile of samples tested, including their THC concentrations.

Acts 2019, ch. 87, § 12.

Compiler's Notes. Former chapter 27, §§ 43-27-10143-27-113 (Acts 1982, ch. 752, §§ 2-14; 1989, ch. 194, § 3; 1987, ch. 269, §§ 1-4; 1989, ch. 591, § 35), the Grain Warehouse and Storage Act, was repealed by Acts 1989, ch. 232, § 1. For the Tennessee Commodity Dealer and Warehouse Law, see ch. 32, part 1 of this title.

Effective Dates. Acts 2019, ch. 87, § 13. April 4, 2019.

43-27-106. Stop movement or destruction order for plant or product exceeding authorized concentrations — Penalties — Evidence.

  1. When the commissioner or the commissioner's authorized agent finds any cannabis or cannabis product to contain THC concentrations greater than three-tenths of one percent (0.3%) on a dry weight basis, the commissioner may issue either a written stop movement order or written destruction order for the plant or product, as appropriate to best serve the public interest and purpose of this chapter.
  2. Any person who negligently violates this chapter or rules promulgated under this chapter is subject to administrative action by the department including denial or revocation of any license issued under this chapter; issuance of stop movement orders, destruction orders, and civil penalties; and actions for injunction. Negligent violations of this chapter or rules promulgated under this chapter shall not be the basis for criminal prosecution of any person.
  3. Any person who violates this chapter or rules promulgated under this chapter with a culpable mental state greater than negligence shall be subject to prosecution under any applicable state or federal law. If the department determines that a person has violated this chapter or rules promulgated under this chapter with a culpable mental state greater than negligence, the department shall report the matter to the Tennessee bureau of investigation and the United States attorney general.
  4. In all proceedings brought to enforce this chapter, proof of testing consistent with rules promulgated under this chapter showing THC concentrations greater than three-tenths of one percent (0.3%), but not greater than one percent (1.0%), on a dry weight basis is prima facie evidence of a negligent violation of this chapter.
  5. In all proceedings brought to enforce this chapter, the following are prima facie evidence of violation with a culpable mental state greater than negligence:
    1. Proof of testing consistent with rules promulgated under this chapter showing THC concentrations greater than one percent (1.0%) on a dry weight basis;
    2. Three (3) violations within a five-year period for possession of rooted hemp without a valid license issued by the department; or
    3. Violation of any stop movement or destruction order issued under this chapter.
  6. Any person whose license is revoked for violation of this chapter or rules promulgated under this chapter is ineligible for reissuance of the license for a period of at least five (5) years.

Acts 2019, ch. 87, § 12.

Compiler's Notes. Former chapter 27, §§ 43-27-10143-27-113 (Acts 1982, ch. 752, §§ 2-14; 1989, ch. 194, § 3; 1987, ch. 269, §§ 1-4; 1989, ch. 591, § 35), the Grain Warehouse and Storage Act, was repealed by Acts 1989, ch. 232, § 1. For the Tennessee Commodity Dealer and Warehouse Law, see ch. 32, part 1 of this title.

Effective Dates. Acts 2019, ch. 87, § 13. April 4, 2019.

43-27-107. Jurisdiction for violations.

When the commissioner has reason to believe that a person is causing or has caused a violation of this chapter or the rules promulgated under this chapter, the commissioner may initiate proceedings in either the chancery court of Davidson County or the chancery court of the county where the violation occurred, for injunctive relief to prevent the continuance of the violation or to correct the conditions resulting in the violation.

Acts 2019, ch. 87, § 12.

Compiler's Notes. Former chapter 27, §§ 43-27-10143-27-113 (Acts 1982, ch. 752, §§ 2-14; 1989, ch. 194, § 3; 1987, ch. 269, §§ 1-4; 1989, ch. 591, § 35), the Grain Warehouse and Storage Act, was repealed by Acts 1989, ch. 232, § 1. For the Tennessee Commodity Dealer and Warehouse Law, see ch. 32, part 1 of this title.

Effective Dates. Acts 2019, ch. 87, § 13. April 4, 2019.

43-27-108. Exemption from other applicable statutes and rules not provided by this chapter.

This chapter does not exempt any person from enforcement of statutes and rules applicable to particular uses of hemp, including, but not limited to, food safety statutes and rules for distribution of food products; feed statutes and rules for distribution of commercial feed; and seed statutes and rules for distribution of seed.

Acts 2019, ch. 87, § 12.

Compiler's Notes. Former chapter 27, §§ 43-27-10143-27-113 (Acts 1982, ch. 752, §§ 2-14; 1989, ch. 194, § 3; 1987, ch. 269, §§ 1-4; 1989, ch. 591, § 35), the Grain Warehouse and Storage Act, was repealed by Acts 1989, ch. 232, § 1. For the Tennessee Commodity Dealer and Warehouse Law, see ch. 32, part 1 of this title.

Effective Dates. Acts 2019, ch. 87, § 13. April 4, 2019.

Chapter 28
Timber

Part 1
Drifting and Floating Timber [Repealed]

43-28-101 — 43-28-111. [Repealed.]

Compiler's Notes. Former part 1, §§ 43-28-10143-28-111 (Acts 1901, ch. 29, §§ 1-6; Shan., §§ 3608a89-3608a99; Code 1932, §§ 6782-6792; T.C.A. (orig. ed.), §§ 68-101 — 68-111), concerning drifting and floating timber, was repealed by Acts 1983, ch. 179, § 1.

Part 2
Boom Companies [Repealed]

43-28-201 — 43-28-204. [Repealed.]

Compiler's Notes. Former part 2, §§ 43-28-20143-28-204 (Acts 1885, ch. 119, § 2; Shan., §§ 2108-2111; Code 1932, §§ 3775-3778; T.C.A. (orig. ed.), §§ 68-201 — 68-204), concerning boom companies, was repealed by Acts 1983, ch. 179, § 1.

Part 3
Branding of Timber

43-28-301. Branding authorized — “Timber” defined.

  1. Any person, firm, or corporation dealing in timber is authorized to adopt a brand in the manner and with the effect provided by this part.
  2. For the purposes of this part, “timber” means and includes trees, whether standing, lying down, or prepared for sale, sawlogs and other logs, cross and railroad ties, boards, planks, staves and headings, and all other timber cut or prepared for market.

Acts 1901, ch. 54, § 1; Shan., § 3608a78; Code 1932, § 6771; T.C.A. (orig. ed.), § 68-301.

Cross-References. Allocation of net receipts of timber during administration of trust, § 35-6-412.

Burglary of timber, § 39-14-410.

Cutting timber as adverse possession, § 28-2-101.

Leaving fire near woodland unattended, § 39-14-305.

Sale of timber as surplus personal property, § 12-2-112.

State forests, title 11, ch. 4.

Statewide uniformity of harvest or severance taxes, § 67-1-111.

Tax lien, protection of timber, title 67, ch. 5, part 23.

Timber harvesting, § 69-3-138.

Timber on land subject to redemption, waste, § 66-8-104.

Vehicles hauling timber, pulpwood or logs, securing of loads, § 55-7-107.

Textbooks. Tennessee Jurisprudence, 24 Tenn. Juris., Trees and Timber, § 2.

Collateral References. Logging 36.

43-28-302. Notice of brand — Form — Acknowledgment — Recording — Copy posted.

  1. Every timber dealer desiring to adopt a brand may do so by the execution of a writing in form and effect as follows:

    Brand notice is hereby given that I (or we, as the case may be) have adopted the following brand in my (or our, etc.) business as timber dealer or dealers, to wit: (here insert the word, letters, figures, etc., constituting the brand, or if it be any device other than the words, letters, or figures, insert the facsimile thereof). Dated this  day of  , A. D.  .

  2. The writing shall be acknowledged or proven for record in the same manner as deeds are acknowledged or proven, and shall be recorded in the office of the county clerk in which the principal office or place of business of the timber dealer may be. A copy thereof shall be posted up at the place where the principal business is done, and one (1) at the courthouse door in the county where the business is carried on, and at three (3) public places in the county.

Acts 1901, ch. 54, § 2; Shan., § 3608a79; Code 1932, § 6772; T.C.A. (orig. ed.), § 68-302.

43-28-303. Certificate of registration required.

Before any person, firm, or corporation can claim protection under its brands, the same shall be registered in the county of its residence, and a certificate of registration issued to those registering brand.

Acts 1901, ch. 54, § 11; Shan., § 3608a88; Code 1932, § 6781; T.C.A. (orig. ed.), § 68-303.

43-28-304. Brand becomes trademark — Infringement — Penalty — Damages.

Every brand adopted pursuant to this part shall be the exclusive trademark of the person, firm or corporation adopting the brand, and any other person, firm or corporation knowingly using or attempting to use that brand without the written consent of the owner commits a Class C misdemeanor, and is liable to the owner of the brand for all damages sustained by the owner by reason of the use of the brand.

Acts 1901, ch. 54, § 3; Shan., § 3608a80; Code 1932, § 6773; T.C.A. (orig. ed.), § 68-304; Acts 1989, ch. 591, § 113.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

43-28-305. Brand to be plainly stamped.

The proprietor of the brand shall, in using the brand, cause it to be plainly stamped, branded, or otherwise impressed upon each piece of timber upon which the brand is placed.

Acts 1901, ch. 54, § 4; Shan., § 3608a81; Code 1932, § 6774; T.C.A. (orig. ed.), § 68-305.

43-28-306. Fraudulently placing brand on another's timber — Penalty.

A person who fraudulently places any brand on timber not belonging to that person, commits a Class C misdemeanor.

Acts 1901, ch. 54, § 5; Shan., § 3608a82; Code 1932, § 6775; T.C.A. (orig. ed.), § 68-306; Acts 1989, ch. 591, § 113.

Cross-References. Penalty for Class C misdemeanor, § 40-35-111.

43-28-307. Unlawfully obliterating brand — Penalty.

Any person or persons who unlawfully cut out, cancel, obliterate, or deface any brand recorded as provided in this part that has been placed on any timber of another in this state commits a Class E felony.

Acts 1901, ch. 54, § 6; Shan., § 3608a83; Code 1932, § 6776; T.C.A. (orig. ed.), § 68-307; Acts 1989, ch. 591, § 36.

Cross-References. Penalty for Class E felony, § 40-35-111.

43-28-308. Taking, concealing, destroying or converting branded timber — Penalty.

Any person who unlawfully takes, secretes, cuts, saws, splits up, or destroys any timber branded as provided in this part, or removes branded timber from the river or place on which the timber has been placed, with the intent to prevent the owner or owners from finding the timber, or in any way converts the timber to such person's use without the consent of the owner, or who receives the timber knowing it to have been stolen, commits a Class E felony.

Acts 1901, ch. 54, § 7; Shan., § 3608a84; Code 1932, § 6777; T.C.A. (orig. ed.), § 68-308; Acts 1989, ch. 591, § 37.

Cross-References. Deceptive business practices, § 39-14-127.

Penalty for Class E felony, § 40-35-111.

Timber, § 39-14-410.

Vandalism, § 39-14-408.

43-28-309. Contract of sale of standing trees or timber so branded must be in writing.

No contract for the sale of standing trees or standing timber when so branded shall be enforceable by action unless the contract or some memorandum thereof be in writing, signed by the person selling same or the person's duly authorized agent.

Acts 1901, ch. 54, § 8; Shan., § 3608a85; Code 1932, § 6778; T.C.A. (orig. ed.), § 68-309.

43-28-310. Purchaser's brand put on timber by seller vests title in purchaser — Rights as to purchase money unaffected.

Whenever any timber is branded by the seller or another with the seller's consent, with the brand of the purchaser or other person, corporation or firm, then the title to the timber shall at once pass to the person, corporation or firm whose brand is placed upon it, but this shall not affect the rights of contracting parties with respect to the payment of the purchase money for the timber.

Acts 1901, ch. 54, § 9; Shan., § 3608a86; Code 1932, § 6779; T.C.A. (orig. ed.), § 68-310.

43-28-311. Brands and trade-marks under previous law unaffected.

Nothing in this part shall affect the validity and effect of all timber brands and trademarks that have been duly adopted and recorded under the law in force previous to April 20, 1901, but the timber brands and trademarks shall be as valid for all purposes, civil and criminal, as if duly adopted and recorded under this part.

Acts 1901, ch. 54, § 10; Shan., § 3608a87; Code 1932, § 6780; T.C.A. (orig. ed.), § 68-311.

43-28-312. Cutting timber from property of another — Civil liability.

    1. Civil liability for the negligent cutting of timber from the property of another is in an amount double that of the current market value of the timber.
    2. If the timber is negligently cut from the property of another because the landowner for whom the timber is being cut has marked or designated the boundary of the landowner's property incorrectly, then the landowner is jointly liable for the double damages.
  1. Civil liability for knowingly and intentionally cutting timber from the property of another is in an amount treble that of the current market value of the timber.
  2. Nothing in this section precludes an owner of property on which timber has been cut by another from recovering damages for loss of value other than commercial timber value, if any, of the timber negligently or intentionally cut.
  3. “Current market value,” as used in this section, applies to the property in question that is standing timber; therefore, the current market value is that of the timber before being cut.

Acts 1991, ch. 455, § 1; 1992, ch. 875, § 1.

NOTES TO DECISIONS

1. Negligent or Intentional Cutting.

The evidence shows that timber cutter acted in good faith rather than negligently or intentionally in violation of the owner's rights where the landowner allowed a woman to live on the land for many, many years and she had the apparent authority to contract to sell the timber to the timber cutter. Roach v. Renfro, 989 S.W.2d 335, 1998 Tenn. App. LEXIS 422 (Tenn. Ct. App. 1998), review or rehearing denied, — S.W.2d —, 1998 Tenn. LEXIS 668 (Tenn. Nov. 9, 1998).

The important inquiry in determining whether the removal of timber was intentional is not whether the landowners intended the action, but whether they desired the consequences of the action or believed that these consequences were substantially certain to result from the action. Mix v. Miller, 27 S.W.3d 508, 1999 Tenn. App. LEXIS 670 (Tenn. Ct. App. 1999).

Where landowners relied on survey and did not remove timber until they believed they were the owners of the disputed property, the trial court properly characterized landowners' removal of timber as merely negligent rather than intentional, and awarded damages equal to double that of the current market value of the timber pursuant to T.C.A. § 43-28-312(a)(1). Mix v. Miller, 27 S.W.3d 508, 1999 Tenn. App. LEXIS 670 (Tenn. Ct. App. 1999).

2. Applicability.

Finding against a purchaser of a timber deed in regard to damages was appropriate because the purchaser did not own the land from which the timber was removed. Therefore, it was not entitled to recover double or treble damages pursuant to T.C.A. § 43-28-312. Remote Woodyards, LLC v. Estate of Neisler, 340 S.W.3d 411, 2009 Tenn. App. LEXIS 558 (Tenn. Ct. App. Aug. 25, 2009), appeal denied, Remote Woodyards, LLC v. Estate of Neisler, — S.W.3d —, 2010 Tenn. LEXIS 320 (Tenn. Mar. 1, 2010).

3. Definition of “Property.”

Use of the word “property” in T.C.A. § 43-28-312(a)(1) means land. Remote Woodyards, LLC v. Estate of Neisler, 340 S.W.3d 411, 2009 Tenn. App. LEXIS 558 (Tenn. Ct. App. Aug. 25, 2009), appeal denied, Remote Woodyards, LLC v. Estate of Neisler, — S.W.3d —, 2010 Tenn. LEXIS 320 (Tenn. Mar. 1, 2010).

4. Measure of Damages.

Neither the trial court nor the appellate court may award damages based upon a measure of damages when there is no evidence in the record regarding that measure of damages. Wood v. Wolfenbarger, — S.W.3d —, 2012 Tenn. App. LEXIS 563 (Tenn. Ct. App. Aug. 15, 2012).

Because plaintiffs were not awarded the current market value of the timber that defendants'  wrongfully cut from their property, they were not entitled to an award of double the amount of their damages. Wood v. Wolfenbarger, — S.W.3d —, 2012 Tenn. App. LEXIS 563 (Tenn. Ct. App. Aug. 15, 2012).

Evidence preponderated against the finding that timber value was the correct measure of damages in plaintiffs'  action alleging that defendants wrongfully cut down trees on their property because the only witness to testify about timber value stated that timber value was an inappropriate measure of damages since there were not enough trees, and the trees were not suitable for a timber sale; the evidence preponderated in favor of a finding that the trunk formula method, the only other measure of damages for which evidence was produced at trial, was the appropriate method of valuing the damages. Wood v. Wolfenbarger, — S.W.3d —, 2012 Tenn. App. LEXIS 563 (Tenn. Ct. App. Aug. 15, 2012).

It did not appear that the trial court made any finding that the removal of the disputed timber was malicious, or done with gross negligence, and such findings would have allowed for treble damages. McEarl v. Johnson, — S.W.3d —, 2014 Tenn. App. LEXIS 635 (Tenn. Ct. App. Oct. 8, 2014).

It appeared the trial court's award of double damages was based upon its conclusion that in the absence of a clearly defined boundary line, the owner's action in having the timber cut was negligent, and the evidence did not preponderate against this conclusion. McEarl v. Johnson, — S.W.3d —, 2014 Tenn. App. LEXIS 635 (Tenn. Ct. App. Oct. 8, 2014).

Trial court did not err in awarding treble damages to a property owner because it was undisputed that the neighbor cut trees from the disputed property after receiving notice that there was a question regarding ownership of the land adjacent to his property, the preponderance of the evidence supported the trial court's finding that the neighbor knowingly and intentionally cut the owner's timber, and there was nothing in the record to either refute an expert's testimony or to support the neighbor's argument as to the valuation of the owner's damages. Anderson v. Lowry, — S.W.3d —, 2015 Tenn. App. LEXIS 1002 (Tenn. Ct. App. Dec. 30, 2015), appeal denied, — S.W.3d —, 2016 Tenn. LEXIS 342 (Tenn. May 5, 2016), cert. denied, 196 L. Ed. 2d 217, 137 S. Ct. 303, — U.S. —, 2016 U.S. LEXIS 6231 (U.S. 2016).

43-28-313. Tennessee Native Species Lumber Act.

  1. This section shall be known and may be cited as the “Tennessee Native Species Lumber Act.”
  2. As used in this section:
    1. “Agricultural building” means any structure used primarily for agricultural purposes or for forest product production;
    2. “Commercial sawmill” means any type of sawmill that produces lumber for sale;
    3. “End user” means any person who purchases native lumber from a commercial sawmill for the purpose of residential construction;
    4. “Grader” means the owner of a commercial sawmill, or the owner's designated employee, who has visually inspected each piece of lumber; and
    5. “Native timber” means any hardwood or softwood species growing within the borders of this state.
    1. The operator of any commercial sawmill that is certified to grade lumber pursuant to subsection (d) may, when requested by the end user of the native lumber, certify in writing to the purchaser that the quality and safe working stresses of the lumber are equal to or better than No. 2 grade, in accordance with the conditions set forth in the American Softwood Standard PS 20-70 of the United States department of commerce, as amended; provided, that the minimum grade of lumber used in load-bearing wall members shall be stud grade.
    2. The certification provided pursuant to subdivision (c)(1) shall include:
      1. The name of the wood species;
      2. The quantity of wood certified;
      3. The location where the wood is to be used;
      4. Whether or not the wood is seasoned;
      5. The name of the commercial sawmill where the wood was cut;
      6. The name of the grader; and
      7. The date on which the wood was cut at the commercial sawmill and graded.
      1. Upon the request of the local building official, the end user shall provide written certification of the quality and safe working stresses of the native lumber provided by the commercial sawmill operator pursuant to subdivision (c)(1), as part of the building permit application.
      2. The certification provided pursuant to subdivision (c)(3)(A) shall be accepted by code officials in lieu of any grade stamp requirements.
    1. The University of Tennessee shall, through its agriculture extension service, offer a course in grading lumber to owners of commercial sawmills and the owners' designated employees. Any person who successfully completes the lumber grading course will be issued a certificate that entitles the certificate holder to grade lumber pursuant to this section. The course shall be offered biannually in each of the three (3) grand divisions of this state.
    2. The department of agriculture shall promulgate rules to implement and administer the certification program created by subdivision (c)(1), including, but not limited to, establishing a course fee in an amount sufficient to defray the cost of implementing and administering the certification program.
  3. Any person who uses the native timber harvested from and used entirely on the person's own property shall, if required, certify that the lumber meets the requirements of any building codes.
  4. No certification of native lumber shall be required in the construction of an agricultural building.

Acts 2016, ch. 1071, § 1.

Effective Dates. Acts 2016, ch. 1071, § 2. May 20, 2016.

Cross-References. Grand divisions, title 4, ch.1, part 2.

Chapter 29
Agriculture Commodities Promotion

43-29-101. Short title.

This chapter shall be known and may be cited as the “Agriculture Commodities Promotion Act.”

Acts 1985, ch. 188, § 1.

Cross-References. Agricultural seeds, title 43, ch. 10.

Contracts to raise and sell farm products, title 43, ch. 15.

Cooperative marketing associations, title 43, ch. 16.

Farm bureau, title 43, ch. 22.

Marketing of pecans, title 43, ch. 17.

Promotion of leadership in agricultural and home economics programs at post-secondary institutions, title 49, ch. 7, part 7.

Sale of cotton, title 43, ch. 18.

Soybean promotion, title 43, ch. 20.

Tobacco sales, title 43, ch. 19.

Comparative Legislation. Agricultural commodities promotion:

Ga. O.C.G.A. § 2-8-1 et seq.

N.C. Gen. Stat. § 106-550 et seq.

Collateral References. 3 Am. Jur. 2d, Agriculture, § 39.

Agriculture 3.

43-29-102. Legislative declaration — Separate and independent boards and programs.

  1. It is declared by the general assembly to be in the interest of the public welfare that Tennessee farmers who are producers of agricultural commodities shall be permitted and encouraged to act jointly and in cooperation with all purchasers, handlers, dealers, and processors of agricultural commodities in promoting, by advertising, research and other methods, the increased production, use and sale, both domestic and foreign, of any and all agricultural commodities.
  2. It is further declared by the general assembly that this chapter is permissive by allowing producers of each separate agricultural commodity to form separate and independent commodity promotion boards under this chapter, and that each such board shall operate its own separate and independent assessment program.

Acts 1985, ch. 188, § 2.

43-29-103. Chapter definitions.

As used in this chapter, unless the context otherwise requires:

  1. “Case of eggs” means a standard thirty (30) dozen egg case;
  2. “Commissioner” means the commissioner of agriculture;
  3. “Commodity” means beef, corn, pork, and eggs, produced on a commercial basis;
  4. “Corn” means all kinds of varieties of corn except popcorn, sweet corn, and ornamental corns;
  5. “Department” means the department of agriculture;
  6. “Egg” means a pullet egg or a hen egg and excludes all other types of eggs;
  7. “Egg handler” or “egg dealer” means any person engaged as a wholesale distributor in the business of distributing or marketing eggs in Tennessee, regardless of where the eggs are produced;
  8. “Person” means any individual, corporation, partnership, association, cooperative or other business;
  9. “Processor” means any person engaged in the business of processing commodity products;
  10. “Producer” means any person who produces a commodity and thereafter causes the commodity to be marketed;
  11. “Purchaser” means any dealer or processor who purchases or receives such commodity from producers on a commercial basis;
  12. “Qualified producer organization” means any agricultural organization, federation, or association that is organized as a “not for profit” organization under the laws of the state of Tennessee, and whose membership is fairly representative of farmers who are active producers of one (1) or more agricultural commodities covered under this chapter;
  13. “Referendum” means any voting procedure under which affected producers may, by secret ballot, vote for or against an assessment authorized by this chapter; and
  14. “Vote” means to cast a ballot on a referendum.

Acts 1985, ch. 188, § 3; 2018, ch. 870, §§ 1, 6.

Amendments. The 2018 amendment  inserted “corn,” in the definition of “commodity”; and added the definition of “corn”.

Effective Dates. Acts 2018, ch. 870, § 7. May 3, 2018.

43-29-104. Legality of associations or activities — Restraint of trade.

No association, meeting or activity undertaken pursuant to this chapter intended to benefit all the producers, handlers and processors of commodity products shall be illegal or in restraint of trade.

Acts 1985, ch. 188, § 4.

43-29-105. Referendum on assessment for promotion and research.

It is further declared to be in the public interest and highly advantageous to the agricultural economy of the state that producers of beef, corn, pork, and eggs on a commercial basis shall be permitted, by referendum, to be among such respective producers and subject to this chapter, levy upon themselves an assessment on these products and provide for the collection of the assessment, for the purpose of financing or contributing towards the financing of a program of promotion, advertising and research designed to increase the consumption, use and sale of agricultural commodities in domestic as well as foreign markets.

Acts 1985, ch. 188, § 5; 2018, ch. 870, § 2.

Amendments. The 2018 amendment inserted “corn,” near the beginning of the section.

Effective Dates. Acts 2018, ch. 870, § 7. May 3, 2018.

43-29-106. Application for referendum.

  1. Any qualified producer organization of beef, pork, and eggs may make application to the commissioner requesting a referendum of beef, pork, or egg producers, on forms prescribed by the commissioner, for the purpose of determining whether an assessment of a specified amount can be levied, collected, and disbursed under this chapter, or whether a prior assessment should be amended or terminated. The application shall state the amount of the assessment that is to be proposed in the referendum and a brief statement of the purposes for which the funds collected are proposed to be spent.
  2. Any qualified producer organization of corn may make application to the commissioner requesting a referendum of corn producers, on forms prescribed by the commissioner, for the purpose of determining whether an assessment of one cent ($0.01) per bushel of corn sold can be levied, collected, and disbursed under this chapter, or whether a prior assessment should be terminated. The application shall briefly state the purposes for which the funds collected are proposed to be spent.

Acts 1985, ch. 188, § 6; 2018, ch. 870, § 3.

Amendments. The 2018 amendment added (b), and in present (a), inserted “of beef, pork, and eggs” and “beef, pork, or egg” in the first sentence.

Effective Dates. Acts 2018, ch. 870, § 7. May 3, 2018.

43-29-107. Review of application — Date of referendum and assessment — Notice of referendum and assessment.

Within thirty (30) days of receipt of an application requesting a referendum, the commissioner shall make a determination of whether or not the petitioner is a qualified producer organization and, upon the determination, shall set a date for the referendum, which shall not be more than sixty (60) days after receipt of the application, and shall publish by any reasonable means, the date of the referendum, the polling places and the hours they will be open, the amount of the proposed assessment, and the date the assessment shall begin, if adopted.

Acts 1985, ch. 188, § 7.

43-29-108. Conducting referendum — Eligibility — Voting.

  1. Any referendum held under this chapter shall be conducted statewide, under the control and direction of the commissioner. The polling place in each county shall be the offices of the University of Tennessee agriculture extension service. All ballots shall be provided at the polling place. All voting shall be by secret ballot.
  2. Each person seeking to vote in the referendum shall be required to file an affidavit stating that such person is a producer. Upon signing an affidavit, such person shall be eligible to vote.
    1. The question to be decided at the first referendum for an assessment on beef, pork, or eggs shall be in the following form:

      Shall the producers of  assess themselves at the rate of  cents per  of  sold, and use the funds so collected by the department of agriculture, or the department's contractor or designee, and paid over to the Tennessee  promotion board to finance a program of research, education, market development, marketing, advertising, and other methods designed to promote the increased production, consumption, use, and sale of  products?

    2. The question to be decided at the first referendum for an assessment on corn shall be in the following form:

      Shall the producers of corn assess themselves at the rate of one cent ($0.01) per bushel of corn sold, and use the funds so collected by the department of agriculture, or the department's contractor or designee, and paid over to the Tennessee corn promotion board to finance a program of research, education, market development, marketing, advertising, and other methods designed to promote the increased production, consumption, use, and sale of corn products?

    3. The affirmative vote of the majority of the number of votes cast shall adopt the proposed assessment.
  3. Within ten (10) days after the referendum, the commissioner shall canvass the votes and publicly announce the result of the referendum.
  4. The expenses of a referendum held under this chapter shall be paid by the department until an assessment is levied. Expenses of subsequent referenda shall be paid from the promotion funds collected under this chapter.
  5. No referendum pursuant to this chapter shall be held within one (1) year of any preceding referendum for that particular commodity except as provided in § 43-29-112.

Acts 1985, ch. 188, § 8; 2018, ch. 870, § 4.

Amendments. The 2018 amendment rewrote (b) which read: “(b)  Each person seeking to vote in the referendum shall be required to file an affidavit stating that such person is a producer as defined in § 43-29-103. Upon signing an affidavit, such person shall be eligible to vote. The question to be decided at the first referendum shall be in the following form:“Shall the producers of  assess themselves at the rate of  cents per  of  sold, and use the funds so collected by the department of agriculture, or the department's contractor or designee, and paid over to the Tennessee  promotion board to finance a program of research, education, market development, marketing, advertising, and other methods designed to promote the increased production, consumption, use, and sale of  products?“The affirmative vote of the majority of the number of votes cast shall adopt the proposed assessment.”

Effective Dates. Acts 2018, ch. 870, § 7. May 3, 2018.

43-29-109. Withholding and transfer of funds — Report.

The assessed rate as approved by referendum shall be deducted by the purchaser from the amount paid to the producer at the first point of sale. Each purchaser shall submit to the department or to the department's contractor or designee the total amount of funds withheld from producers on or before a date specified by the commissioner. The assessment levied on each head of cattle sold shall not apply to cattle purchased by a purchaser whose only share in the proceeds of a sale is a sales commission or handling fee or other service fee and who has delivered the cattle to facilitate the transfer of ownership from the seller and a third party. These cattle must be resold within ten (10) days from the date on which the person acquired ownership, with certification made to the department on forms approved by the commissioner. On or before the twentieth day of January, April, July and October of each year, the commissioner shall pay to the promotion board for that particular commodity all proceeds collected, less refunds and less an amount not to exceed five percent (5%) of the gross amount collected, or a sum sufficient to cover all of the department's expenses of collection, whichever is less, together with a report of all funds collected and disbursed.

Acts 1985, ch. 188, § 9; 2012, ch. 1049, § 1.

Amendments. The 2012 amendment rewrote the second sentence which read: “Within ten (10) days after the end of each calendar month, each purchaser shall submit to the department the total amount of funds withheld from producers.”; and added the third and fourth sentences.

Effective Dates. Acts 2012, ch. 1049, § 4. May 21, 2012.

43-29-110. Records.

Each purchaser shall keep a complete and accurate record of commodities handled by that purchaser and shall furnish each producer with a signed sales slip showing the amount of commodities purchased from that producer and the amount deducted by the purchaser for the promotion fund. These records shall be kept for two (2) years and shall be open to inspection at any time and without notice by the commissioner or the commissioner's representative. The commissioner may from time to time require a purchaser to submit records and reports necessary for collection of the assessment.

Acts 1985, ch. 188, § 10.

43-29-111. Application for refund of assessments.

Within ninety (90) days of an assessment being withheld by the purchaser, any producer may make application to the commissioner, on forms to be prescribed by the commissioner, for refund of assessments withheld. The application shall be accompanied by copies of sales slips evidencing the withheld assessment for which the refund is sought.

Acts 1985, ch. 188, § 11.

43-29-112. Referendum on continuation of assessment program.

If the commissioner determines that, during any continuous twelve-month period the assessment program is in effect, over thirty percent (30%) of the proceeds generated by the assessment is being refunded, then the commissioner shall conduct a referendum within one hundred twenty (120) days to determine whether the assessment program should remain in effect.

Acts 1985, ch. 188, § 12.

43-29-113. Establishment of promotion boards.

If a referendum is carried in the affirmative and an assessment is to be levied as provided in this chapter, a promotion board shall be established according to the provisions set out in this chapter for each particular commodity.

Acts 1985, ch. 188, § 13.

43-29-114. Promotion boards — Meetings — Organization — Duties.

Members of each board shall meet and organize within thirty (30) days of their appointment and shall elect a chair, a vice chair and a secretary-treasurer from the membership of the board, each to serve for a one-year term. The duties and responsibilities of the board shall be prescribed by the commissioner to the extent applicable and shall include the following:

  1. Developing and recommending to the commissioner administrative rules and procedures relating to the assessments;
  2. Preparing and effectuating the estimated budget required for the proper operation of the board;
  3. Developing methods for assessing producers and methods for collecting the necessary funds;
  4. Collecting and assembling information necessary for the proper administration of the assessment program; and
  5. Performing any other duties necessary to the operation of the promotion program in coordination with the commissioner.

Acts 1985, ch. 188, § 14.

43-29-115. Use of funds by promotion boards — Reports.

  1. A commodity promotion board shall spend the proceeds of an assessment solely to finance a program of research, education, market development, marketing and advertising designed to promote the increased consumption, production, use and sale of agricultural commodities.
  2. A commodity promotion board shall not spend its funds in any manner for political purposes or to influence any legislative action or rulemaking process, either state or federal, or to fund the organizational or membership activities of any group, association or organization.
  3. The board may accept gifts and grants and shall invest any idle funds.
  4. The members of a commodity promotion board shall not be compensated, but shall be reimbursed travel expenses in accordance with the comprehensive travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.
  5. An annual report of its activities shall be filed with the commissioner on or before the date specified by the commissioner.

Acts 1985, ch. 188, § 15; 2012, ch. 1049, § 2.

Amendments. The 2012 amendment rewrote (e) which read: “An annual report of its activities shall be filed each January with the commissioner.”

Effective Dates. Acts 2012, ch. 1049, § 4. May 21, 2012.

43-29-116. Personal debt — Penalties — Collection.

Any amount withheld, or that should have been withheld, by the purchaser due to an assessment shall be a personal debt of the purchaser. If the purchaser's monthly payments to the commissioner are not timely made, a penalty of ten percent (10%) of the amount due shall be imposed. The commissioner may bring a civil action against the purchaser for collection of the debt and the above specified ten percent (10%) penalty.

Acts 1985, ch. 188, § 16.

43-29-117. Promulgation of rules and regulations.

The commissioner is authorized to promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to provide for the implementation of this chapter.

Acts 1985, ch. 188, § 17.

43-29-118. Beef promotion board.

  1. The Tennessee beef promotion board shall be composed of twelve (12) members, to be appointed by the commissioner as provided in this section.
  2. All twelve (12) members of the board shall be producers of beef animals or representatives of the beef industry in the state. The members of the Tennessee beef promotion board shall be the members of the board of directors of the Tennessee beef industry council, certified under 7 CFR 1260.315. Vacancies that occur shall be filled by the commissioner from individuals nominated by the organizations that are represented on the board of directors of the Tennessee beef industry council and in the same representation ratios.
  3. The commissioner or the commissioner's designee shall be an ex officio nonvoting member of the board.

Acts 1985, ch. 188, § 18; 2012, ch. 1049, § 3.

Compiler's Notes. The beef promotion board, created by this section, terminates June 30, 2021. See §§ 4-29-112, 4-29-242.

Amendments. The 2012 amendment rewrote this section which read: “(a)  The Tennessee beef promotion board shall be composed of nine (9) members, to be appointed by the commissioner to serve for terms of three (3) years, as hereinafter provided. All nine (9) members of the board shall be producers of beef animals in the state of Tennessee.“(b)  Within ten (10) days of the effective date of assessment levied pursuant to this chapter, the Tennessee Farm Bureau Federation, the Tennessee Livestock Association or its successor organization, the Tennessee Livestock Auction Market Association and any officially recognized purebred beef cattle producer association shall submit the names of beef producers to the commissioner, who shall appoint three (3) members from the nominations submitted by the Tennessee Farm Bureau Federation, three (3) members from the nominations submitted by the Tennessee Livestock Association or its successor organization, one (1) member from the nominations submitted by the Tennessee Livestock Auction Market Association, and two (2) members from the nominations submitted by the officially recognized purebred beef cattle producer associations.“(c)  The original board shall be appointed with members appointed in the discretion of the commissioner, three (3) members for one (1) year, three (3) members for two (2) years and three (3) members for three (3) years. Each year thereafter, not less than thirty (30) days before the expiration of board members' terms, each organization shall submit the names of nominees to the commissioner and succeeding boards shall be appointed by the commissioner in the same manner, giving proportional representation to each organization as provided in this section.“(d)  Vacancies that occur shall be filled in the same manner as the original appointments were made.“(e)  No board member shall serve more than a total of two (2) consecutive three-year terms unless that member does not serve as a board member for at least one (1) full year after serving two (2) consecutive three-year terms.“(f)  The commissioner shall be an ex officio nonvoting member of the board.”

Effective Dates. Acts 2012, ch. 1049, § 4. July 1, 2012.

43-29-119. Pork promotion board.

  1. The Tennessee pork promotion board shall be composed of seven (7) members, to be appointed by the commissioner to serve terms of three (3) years, as hereinafter provided. All seven (7) members of the board shall be producers of pork animals in the state of Tennessee.
  2. Within ten (10) days of the effective date of an assessment levied pursuant to this chapter, the Tennessee Farm Bureau Federation, the Tennessee Livestock Association or its successor organization and any officially recognized purebred pork producer association shall submit the names of pork producers to the commissioner, who shall appoint three (3) members from the nominations submitted by the Tennessee Farm Bureau Federation, three (3) members from the nominations submitted by the Tennessee Livestock Association or its successor organization and one (1) member from the nominations submitted by officially recognized purebred pork producer associations.
  3. The original board shall be appointed with members appointed in the discretion of the commissioner, one (1) member for one (1) year, three (3) members for two (2) years and three (3) members for three (3) years. Each year thereafter, not less than thirty (30) days before the expiration of board members' terms, each organization or individual shall submit the names of nominees to the commissioner, and succeeding boards shall be appointed by the commissioner in the same manner, giving proportional representation to each organization as provided in this section.
  4. Vacancies that occur shall be filled in the same manner as the original appointments were made.
  5. No board member shall serve more than a total of two (2) consecutive three-year terms unless that member does not serve as a board member for at least one (1) full year after serving two (2) consecutive three-year terms.
  6. The commissioner shall be an ex officio nonvoting member of the board.

Acts 1985, ch. 188, § 19.

Compiler's Notes. The pork promotion board, created by this section, terminates June 30, 2021. See §§ 4-29-112, 4-29-242.

43-29-120. Egg promotion board.

  1. The Tennessee egg promotion board shall be composed of five (5) members, to be appointed by the commissioner to serve terms of three (3) years, as hereinafter provided. All five (5) members of the board shall be producers of eggs.
  2. Within ten (10) days after the effective date of an assessment levied pursuant to this chapter, the Tennessee Farm Bureau Federation, the Tennessee Egg and Poultry Association and any egg producers and any agricultural organization with an interest in eggs may submit the names of egg producers to the commissioner, who shall appoint one (1) member from the nominations submitted by the Tennessee Farm Bureau Federation, three (3) members from the nominations submitted by the Tennessee Egg and Poultry Association and one (1) member from the other nominations submitted.
  3. The original board shall be appointed with members appointed in the discretion of the commissioner, one (1) member for one (1) year, two (2) members for two (2) years and two (2) members for three (3) years. Each year thereafter, not less than thirty (30) days before the expiration of board members' terms, any individual organization as stated above may submit names of nominees to the commissioner, and succeeding board members shall be appointed by the commissioner.
  4. Vacancies shall be filled in the same manner as the original appointments were made.
  5. The commissioner shall be an ex officio nonvoting member of the board.

Acts 1985, ch. 188, § 20.

Code Commission Notes.

Former subsection (b) was transferred to § 43-29-121 by the code commission in 2007.

Compiler's Notes.  The egg promotion board, created by this section, terminates June 30, 2021. See §§ 4-29-112, 4-29-242.

43-29-121. First sales.

At the time of the first sale, the producer shall provide evidence that all assessments provided for under this chapter have been paid. If the first sale is made to an egg handler or egg dealer, the egg handler or egg dealer shall deduct the assessment owed from the amount paid to the producer.

Acts 1985, ch. 188, § 20; T.C.A. § 43-29-120(b).

Compiler's Notes. The provisions of this section were transferred to this location by the code commission in 2007.

43-29-122. Corn promotion board.

  1. The Tennessee corn promotion board shall be composed of nine (9) members to be appointed by the commissioner to serve for terms of three (3) years, as provided in this section. All of the nine (9) members of the board shall be producers of corn in this state.
  2. Within ten (10) days following the effective date of an assessment on corn levied pursuant to this chapter, the Tennessee Farm Bureau Federation, the Tennessee Farmers Cooperative, and the Tennessee Corn Growers Association shall each submit the names of corn producers to the commissioner, and the commissioner shall appoint three (3) members from the nominees of each organization to serve on the board for rotating three-year terms.
  3. The original board shall be appointed with members from each of the organizations appointed as follows: one (1) for one (1) year, one (1) for two (2) years, and one (1) for three (3) years. Each year thereafter, not less than thirty (30) days prior to the expiration of board members' terms, each organization shall submit the names of three (3) nominees to the commissioner, and succeeding boards shall be appointed by the commissioner in the same manner, giving equal representation to each organization.
  4. Vacancies that occur shall be filled in the same manner as the original appointments were made. Persons who are appointed to the board shall serve no more than two (2) consecutive terms. The commissioner or a designee from the commissioner's staff shall serve as an advisor to the board.
  5. The members of the board shall meet and organize within thirty (30) days of their appointment, and shall elect a chair, vice chair, and secretary-treasurer from the membership of the board, each to serve for one-year terms, whose duties shall be those customarily exercised by such officers or specifically designated by the board.
  6. The board may establish rules for its own government and for the administration of the board's affairs.
  7. The initial chair of the board elected pursuant to subsection (e) shall notify the government operations committee of the senate and the government operations committee of the house of representatives of the board's existence within thirty (30) days of the date of the initial chair's election.

Acts 2018, ch. 870, § 5.

Effective Dates. Acts 2018, ch. 870, § 7. May 3, 2018.

Chapter 30
Viticulture [Repealed.]

43-30-101. [Repealed.]

Acts 1985, ch. 387, § 1; repealed by Acts 2019, ch. 444, § 2, effective July 1, 2019.

Compiler's Notes. Former Title 43, Chapter 30, §§ 43-30-101–43-30-104 concerned viticulture.

43-30-102. [Repealed.]

Acts 1985, ch. 387, § 2; 1991, ch. 104, §§ 3-6; 2016, ch. 1042, § 1.

Compiler's Notes. Former Title 43, Chapter 30, §§ 43-30-101–43-30-104 concerned viticulture.

43-30-103. [Repealed.]

Acts 1985, ch. 387, § 2.

Compiler's Notes. Former Title 43, Chapter 30, §§ 43-30-101–43-30-104 concerned viticulture.

43-30-104. [Repealed.]

Acts 1985, ch. 387, § 3.

Compiler's Notes. Former Title 43, Chapter 30, §§ 43-30-101–43-30-104 concerned viticulture.

Chapter 31
Agricultural Production Inputs

43-31-101. Short title.

This chapter shall be known and may be cited as the “Tennessee Agricultural Production Input Law.”

Acts 1986, ch. 922, § 1.

Law Reviews.

Selected Tennessee Legislation of 1986, 54 Tenn. L. Rev. 457 (1987).

Comparative Legislation. Agricultural production input security interest:

Ala.  Code § 7-9-203 et seq.

Ark.  Code § 4-9-203.

Ky. Rev. Stat. Ann. § 426.170.

Miss.  Code Ann. § 75-9-307.

N.C. Gen. Stat. § 106-655 et seq.

Collateral References. 3 Am. Jur. 2d Agriculture § 34 et seq.

3 C.J.S. Agriculture §§ 65-73.

Agriculture 12.

43-31-102. Chapter definitions.

As used in this chapter, unless the context otherwise requires:

  1. “Agricultural chemical” means fertilizers or agricultural chemicals that are applied to crops or to land that is used for raising crops, including fertilizer material, plant amendment, plant food and soil amendment, and pesticide as defined in § 43-8-102;
  2. “Agricultural production input” means crop production inputs;
  3. “Crop production input” means agricultural chemicals, seeds, petroleum products, the custom application of agricultural chemicals and seeds;
  4. “Debtor” means a farmer who is or has requested financial assistance from a lender through a supplier;
  5. “Lender” means a person in the business of lending money identified in a security interest notification statement; provided, that in the case of a bank, “lender” means a bank that has an existing banking relationship with the debtor either due to an agricultural crop loan made within the preceding two (2) years, an existing farm or agricultural loan or mortgage or an existing deposit account;
  6. “Letter of commitment” means a binding, irrevocable and unconditional agreement by a lender to honor drafts or other demands for payment upon the supplier presenting invoices signed by the purchaser or other proof of delivery;
  7. “Person” means an individual or an organization and includes a corporation, firm or association;
  8. “Petroleum product” means motor fuels and special fuels that are used in the production of crops, including “petroleum products,” as defined in § 67-3-902;
  9. “Proceeds” means proceeds as defined in § 47-9-102;
  10. “Seed” means agricultural seeds that are used to produce crops, including “agricultural seed,” as defined in § 43-10-103; and
  11. “Supplier” means a person who furnishes agricultural production inputs.

Acts 1986, ch. 922, § 2.

43-31-103. Security interest notification statements — Response by lender.

  1. A supplier, at the request of the debtor, may notify a lender of an agricultural production input security interest by providing a security interest notification statement to the lender in an envelope marked “IMPORTANT-LEGAL NOTICE.” Delivery of the notice must be made by certified mail or another verifiable method.
  2. The security interest notification statement shall contain the following information:
    1. The name and business address of the lender that is to receive notification;
    2. The name and address of the supplier claiming the security interest;
    3. A description and the date or anticipated date or dates of the transaction and the retail cost or anticipated costs of the agricultural production input;
    4. The name, residential address, and signature of the person to whom the agricultural production input was or is to be furnished;
    5. The name and residential address of the owner and a description of the real estate where the crops to which the security interest attaches are growing or are to be grown; and
    6. A statement that the security interest notification statement shall not be considered as an application for credit as defined in the Equal Credit Opportunity Act, compiled in 15 U.S.C. §§ 1691-1691f.
    1. Within fifteen (15) calendar days after receipt of a security interest notification statement, together with an authorization pursuant to § 45-10-105 signed by the person to whom the agricultural production input was or is to be furnished, a lender shall respond in writing to the supplier and to the person to whom the agricultural production input was or is to be furnished as follows:
        1. Whether the lender has extended credit to the person to whom supplies were or are to be furnished to enable that person to produce crops during the then current or the next upcoming production season, and the amount of unexpended credit, if any, available to that person; and
        2. Whether the lender has extended credit to the person, which credit is secured by or may be secured by a security interest in the crops of the then current or the next upcoming production season, by an after-acquired property clause or otherwise, and the date such credit was executed or given;
      1. If the lender has extended credit to the person and there is unexpended credit available, upon authorization signed by that person, the lender shall make any advances on the unexpended credit payable jointly to that person and to the supplier, up to the amount stated in the authorization or the amount of unexpended credit, whichever is less;
      2. If the lender has extended credit to the person but there are no funds unexpended, or if no credit has been extended to the person, whether the lender is interested in issuing a letter of commitment upon receipt of a loan application and compliance with any conditions for the issuance of a letter of commitment; and
      3. Whether the lender has pending a credit application from the person to enable that person to produce crops during the then current or the next upcoming production season, and the amount applied for.
    2. If a lender does not respond to a security interest notification statement within fifteen (15) calendar days of receipt, a supplier may deliver to the lender a second security interest notification statement, which shall state that it is a second notice. Within ten (10) calendar days after receipt of the second notice, the lender shall respond in writing as stated in subdivision (c)(1).
  3. Notwithstanding §§ 47-9-204 and 47-9-324, if a lender does not timely respond to a second security interest notification statement, a perfected agricultural production input security interest corresponding to the security interest notification statement has priority over any security interest of the lender in the same crops or their proceeds; provided, that the supplier perfects such security interest within ten (10) days of its attachment.
    1. Any response provided by a lender shall be adequate if it provides information that is within the knowledge of the lender as of the date of the response. No subsequent statement shall be required from the lender for information that arises after the date of the response.
    2. The priority of a security interest in crops or their proceeds, of a lender who responds to a security interest notification statement or who is not required to respond, shall be governed solely by the Uniform Commercial Code, compiled in title 47, chapter 9, and not by this chapter.
  4. A security interest notification statement provided pursuant to subsection (c) shall be accompanied by a fee of fifteen dollars ($15.00); provided, that no fee shall be required for a second notification if the lender fails to respond to the first notification within the fifteen-day period.

Acts 1986, ch. 922, § 3; 2000, ch. 846, § 22a.

43-31-104. Extent of supplier's security interest — When it attaches.

  1. A supplier who furnishes crop production inputs has an agricultural input security interest only as provided in this chapter for the unpaid retail cost of the crop production inputs. The security interest attaches to:
    1. The existing crops upon the land where a furnished agricultural chemical was applied, or if crops are not planted, to the next production crop following the last date on which the agricultural chemical was applied;
    2. The crops produced from furnished seed; or
    3. The crops produced, harvested, or processed using a furnished petroleum product.

      If the crops are grown on leased land and the lease provides for payment in crops, the security interest does not attach to the lessor's portion of the crops. The security interest continues in crop products and proceeds.

  2. An agricultural input security interest attaches when the agricultural production inputs are furnished by the supplier to the purchaser.

Acts 1986, ch. 922, § 4.

43-31-105. Perfection of security interest — Financing statement — Unperfected security interests.

  1. To perfect an agricultural production input security interest, the security interest must attach and the supplier entitled to the security interest must file a financing statement, with a copy of the security interest notification statement attached, with the appropriate filing officer under § 47-9-501.
  2. The financing statement must indicate that the security interest is effective for eighteen (18) months after the date of filing. The financing statement and attached security interest notification statement may be removed from the filing systems eighteen (18) months after the date of filing, and may be physically destroyed after thirty (30) months from the date of filing.
  3. The filing officer shall file, amend, and terminate the financing statement, and shall charge the fee for filing under this section in the manner provided by § 47-9-525 for a financing statement.
  4. An agricultural production input security interest that is not perfected has the priority of an unperfected security interest under § 47-9-322.

Acts 1986, ch. 922, § 5; 2000, ch. 846, §§ 22b, 22c, 22d.

43-31-106. Enforcement of security interest.

The holder of an agricultural production input security interest may enforce the security interest in the manner provided in title 47, chapter 9, part 6. For enforcement of the security interest, the security interest holder is the secured party and person for whom the agricultural production input was furnished is the debtor, and each has the respective rights and duties of a secured party and a debtor under title 47, chapter 9, part 6.

Acts 1986, ch. 922, § 6; 2000, ch. 846, § 22e.

Chapter 32
Commodity Warehouses, Dealers and Producers

Part 1
Commodity Dealer and Warehouse Law

43-32-101. Short title.

This part shall be known and may be cited as the “Tennessee Commodity Dealer and Warehouse Law.”

Acts 1989, ch. 232, § 2.

Cross-References. Agriculture commodities promotion, title 43, chapter 29.

Commercial feed law, title 44, ch. 6.

Cooperative marketing associations, title 43, ch. 16.

Tobacco sales, title 43, ch. 19.

Warehouse receipts, bills of lading and other documents of title, title 47, ch. 7.

Warehouse storage of baled cotton, § 68-102-152.

Comparative Legislation. Commodity warehouses, dealers and producers:

Ala.  Code § 2-31-1 et seq.

Ark.  Code § 2-17-201 et seq.

Ga. O.C.G.A. § 2-9-30 et seq.

Ky. Rev. Stat. Ann. § 251.010 et seq.

Miss.  Code Ann. § 75-43-1 et seq.

Mo. Rev. Stat. § 411-010 et seq.

N.C. Gen. Stat. § 106-429.1 et seq.

Va. Code § 3.1-722.16 et seq.

Collateral References. 78 Am. Jur. 2d Warehouses § 1 et seq.

93 C.J.S. Warehousemen and Safe Depositories § 1 et seq.

Warehousemen 6 et seq.

43-32-102. Chapter definitions.

As used in this chapter, unless the context otherwise requires:

  1. “Claimant” means:
    1. Any producer or person, possessing warehouse receipts covering commodities owned or stored by the warehouseman;
    2. Any person with written evidence of ownership, other than warehouse receipts, disclosing a storage obligation of a commodity warehouseman, including scale tickets, settlement sheets and ledger cards;
    3. Any person who has lent money to a commodity warehouseman and who was to receive a warehouse receipt as security for that loan, but the commodity dealer or warehouseman failed within twenty-one (21) days after receiving the loan moneys and no warehouse receipt was issued;
    4. Any person who has surrendered warehouse receipts as a part of a commodities sale transaction, the commodity warehouseman failed within twenty-one (21) days thereafter and the person surrendering the warehouse receipt did not get fully paid therefor; or
    5. Any producer who possesses written evidence of the sale of commodities to a failed commodity dealer not limited to scale tickets, settlement sheets, price later contracts, basis contracts or similar commodities delivery contracts, but did not get fully paid therefor and who is unable to secure satisfaction of financial obligations due from a person licensed by the department in accordance with this chapter;
  2. “Commissioner” means the commissioner of agriculture, or the commissioner's designated representatives;
  3. “Commodity” means grain;
  4. “Commodity assets” means all commodities owned or stored by a failed commodity dealer or warehouseman, including commodities in transit that were shipped by the failed commodity dealer or warehouseman or failed warehouseman and for which payment has not been received; proceeds from sale or commodities due or to become due; the equity (net of any secured financing directly associated therewith) in assets in commodity exchange commodities margin accounts; any moneys due or to become due (net of any secured financing directly associated therewith) from any future contracts on any recognized commodity exchange; any other unencumbered funds or property or equity of the failed commodity dealer or warehouseman in funds or property wherever located that can be directly traced as being from the sale of commodities by the failed commodity dealer or warehouseman or failed warehouseman; provided, that any such funds, property, or equity in funds or property shall not be deemed to be encumbered unless the encumbrance results from good and valuable consideration advanced by any secured party on a bona fide basis; and provided further, that the encumbrance is not the result of the taking of the funds, property, or equity in funds or property as additional collateral for an antecedent debt; or other unencumbered funds, property, or equity in assets;
  5. “Commodity dealer” means any person engaged in the business of buying commodities from producers thereof for resale or for milling or processing. A producer of commodities buying commodities for the producer's own use as seed or feed shall not be considered as being engaged in the business of buying commodities for resale or for milling or processing;
  6. “Cooperative agreement” means any agreement made by the department with a person, local unit of government, or state or federal agency as may be reasonable and proper to carry out this chapter;
  7. “Department” means the Tennessee department of agriculture;
  8. “Failure” means:
    1. An inability to financially satisfy a claimant in accordance with applicable statute or regulation and the time limits provided therein, if any;
    2. A declaration of insolvency;
    3. A revocation of license and leaving of outstanding indebtedness to claimants;
    4. A failure to pay claimants in the ordinary course of business where a bona fide dispute does not exist between a commodity dealer or warehouseman and a customer;
    5. A failure to apply for license renewal;
    6. A denial of license renewal; or
    7. A voluntary surrendering of a license;
  9. “Grain” means corn, wheat, oats, rye, soybeans, rape seed, canola and grain sorghums;
  10. “Incidental commodity dealer” means any commodities dealer who purchases commodities from producers and whose total purchases of commodities during any fiscal year do not exceed one hundred thousand dollars ($100,000);
  11. “Incidental commodity dealer, nonsecured” means a commodities dealer who purchases commodities from producers and whose total purchases during any fiscal year do not exceed one hundred thousand dollars ($100,000), and who has notified the commissioner on the dealer's license application or renewal application that the dealer has opted not to maintain a security instrument;
  12. “Person” includes an individual, corporation, partnership and all associations of two (2) or more persons having a joint or common interest;
  13. “Producer” means the owner, tenant or operator of land in this state who has an interest in and receives all or any part of the proceeds from the sale of the commodities produced thereon;
  14. “Program” means the Tennessee commodity producer indemnity program;
  15. “Stored commodities” means any commodities received in any commodities warehouse, located in this state, if such commodities are not purchased and beneficially owned by the commodities warehouseman;
  16. “United States Warehouse Act” means the United States Warehouse Act, enacted August 11, 1916, as amended;
  17. “Valid claim” means a claim arising from a failure of a commodity dealer or warehouseman that occurs after July 1, 1989, and adjudicated valid by the commissioner, net of all credits and offsets, and in accordance with § 43-32-210;
  18. “Warehouse” or “commodities warehouse” means any building, structure, or other protected enclosure in this state used for the purpose of storing commodities for a consideration;
  19. “Warehouse receipt” means:
    1. A warehouse receipt issued under this chapter in accordance with the Uniform Commercial Code; or
    2. A warehouse receipt issued under the United States Warehouse Act; and
  20. “Warehouseman” or “commodities warehouseman” means any person who owns, controls or manages a public commodities warehouse in which commodities are stored for compensation and who is authorized to issue warehouse receipts, and includes any grain warehouse licensed under the United States Warehouse Act that has entered into a cooperative agreement.

Acts 1989, ch. 232, § 2; 1997, ch. 387, §§ 17-19; 2006, ch. 656, § 1.

Compiler's Notes. The United States Warehouse Act, referred to in this section, is codified primarily in 7 U.S.C. § 241 et seq.

43-32-103. Federally licensed commodity warehouses — Applicability.

Any commodity warehouse licensed under the United States Warehouse Act shall be subject to this chapter. However, any federally licensed commodity warehouse that meets the minimum requirements of the federal act shall be in compliance with the requirements of this part. All public commodity warehouses licensed under the United States Warehouse Act shall file with the commissioner a copy of their current license and a copy of all subsequent licenses or renewals so as to always have a copy of a current license on file with the commissioner.

Acts 1989, ch. 232, § 3.

Compiler's Notes. The United States Warehouse Act, referred to in this section, is codified primarily in 7 U.S.C. § 241 et seq.

43-32-104. Warehouse receipts.

  1. The commissioner shall prescribe the form of all warehouse receipts, and no other character or form of warehouse receipt shall be issued except those so authorized.
  2. Receipts must be issued for all commodities stored in a warehouse. Receipts need not be issued against nonstorage commodities, but each warehouseman shall keep accurate records of the weights, kinds, and grades, if graded, of all lots of nonstorage commodities received into and delivered from the warehouseman's warehouse.
    1. No warehouse receipt shall be issued except on actual delivery of commodities into storage in the warehouse from which it purports to be issued, nor shall any receipt be issued for a greater quantity of commodities than was contained in the lot or parcel so received from storage, nor shall more than one (1) receipt be issued for the same lot of commodities, except in cases where a receipt for a part of a lot is desired, and then the aggregate receipts for a particular lot shall cover that lot and no more.
    2. No warehouseman shall issue or aid the issuance of a receipt for commodities knowing that the commodities for which the receipt is issued and has not actually been received by the warehouseman or that the commodities are not under the warehouseman's actual control at the time of issuing the receipt.

Acts 1989, ch. 232, § 4.

43-32-105. Licensing requirements — Application.

  1. No person shall engage in business as a commodity dealer or warehouseman in the state of Tennessee without a license therefor issued by the department.
  2. Application for a license to engage in business as a commodity dealer or warehouseman shall be filed with the department and shall contain information and be in a form as prescribed by the department by lawfully promulgated rule.
  3. The application for an initial license may be filed at any time prior to beginning business as a commodity dealer or warehouseman. However, the license shall terminate ninety (90) days after the close of the commodity dealer's or warehouseman's fiscal year.
  4. The application for a renewal of a license shall be filed with the department annually within ninety (90) days after the close of the commodity dealer's or warehouseman's last completed fiscal year or within such further time, not exceeding sixty (60) days, as the department, upon application, may allow.
  5. For all commodity dealer or warehouseman licenses, with the exception of incidental commodity dealers, nonsecured, the application shall be accompanied by a financial statement setting forth information as prescribed by the commissioner by lawfully promulgated rule.
  6. The application for a license to operate as a commodity dealer or warehouseman, as defined in this chapter, or a renewal thereof, shall be accompanied by a filing fee of one hundred fifty dollars ($150). The application for a license to operate as an incidental commodity dealer as defined in this chapter, or a renewal thereof, shall be accompanied by a filing fee of fifty dollars ($50.00).
  7. The license or renewal thereof issued by the department under this section shall be posted in the principal office of the licensee in this state. A certificate shall be posted in each location listed on a licensee's application where the licensee engages in the business of buying or storing commodities. In the case of a licensee operating a truck or tractor trailer unit, the licensee is required to have a certificate that the license is in effect, and that a bond or certificate of deposit has been filed, carried in each truck or tractor trailer unit used in connection with the purchase of commodities from producers. Upon request of a licensee and payment of the fee therefor, the department shall issue to the licensee a certificate that a license has been issued or renewed and a bond filed as required by this chapter.
  8. The license issued to an incidental commodity dealer, nonsecured shall clearly state: “Producers are not eligible to receive indemnification from the Tennessee grain indemnity fund if payment is not made for commodities delivered to this dealer.” Additionally, this statement shall also be posted adjacent to the license issued to the dealer in the location required by this part. The notice shall be in print no smaller than two inches (2") in letter height. This statement shall also be placed on the receipt or scale ticket issued to the seller, with a place for the seller's signature provided on each receipt or scale ticket. The signature of the seller or the seller's representative shall be affixed to each receipt or scale ticket.

Acts 1989, ch. 232, § 5; 2006, ch. 656, §§ 2, 3.

43-32-106. Financial requirements — Security bonds — Insurance — Exemptions.

  1. With the exception of incidental commodity dealers, nonsecured, every person licensed as a commodity dealer or warehouseman shall have a surety bond and a fire and extended coverage insurance policy, or proof thereof, both of which shall be noncancellable for the term of the license.
  2. The surety bond shall provide a reasonable level of protection for those persons storing commodities in the warehouse or selling commodities to a dealer in the event of bankruptcy, fraud, or other occurrence that would deprive the person storing or selling commodities from recovering its value. This surety bond shall be in an amount established by the commissioner by duly promulgated rules. These bonding requirements are subject to a twenty thousand dollar ($20,000) minimum and a five hundred thousand dollar ($500,000) maximum limit.
  3. The fire and extended coverage insurance policy shall be in an amount set by the commissioner by rule and regulation.
  4. The bond and insurance policy shall be for the benefit of the persons storing commodities with the warehouseman, and shall be conditioned to provide the protection described in this section.
  5. The premiums on the bond or insurance shall be paid by the licensee.
  6. Any commodity dealer or warehouseman may file with the department, in lieu of a surety bond, a certificate of deposit or an irrevocable letter of credit payable to the department with the commissioner as trustee. The principal amount of the certificate shall be the same as that required for a surety bond under this chapter and the interest thereon shall be made payable to the purchaser thereof.
  7. The surety bond or certificate of deposit in effect on the date of a warehouseman's license revocation, license suspension, cessation of operation or date of default as determined by the department shall be liable for and accrue liabilities not to exceed the principal of the surety bond or certificate of deposit.
  8. When the department determines that an applicant's or licensee's ability to pay producers for commodities purchased is in question, or when it determines that a commodity dealer or warehouseman does not meet the financial requirements of this chapter, it may require additional collateral security. Such collateral security may include, but is not limited to, irrevocable letters of credit, certificates of deposit, commercial surety bonds, and, on a negotiated basis, mortgages or deeds of trust on real property, personal or corporate guarantees or other guarantees. Failure to post collateral security shall constitute grounds for suspension or revocation of a license issued under this chapter.
  9. Any commodity dealer or warehouseman who is of the opinion that such person's net worth and assets are sufficient to guarantee payment to producers for commodities purchased or stored by that person may request the department to be relieved of the obligation of filing a bond in excess of the minimum bond of twenty thousand dollars ($20,000). The conditions under which such requests shall be granted shall be established by the commissioner in duly promulgated rules.
  10. A commodity dealer shall be exempt from the bonding requirements of this section if the commodity dealer paid producers in full prior to or on the date of every delivery of commodities accepted for one (1) year prior to the date the request to be exempt is submitted to the department.
  11. A commodity dealer exempt from bonding requirements under subsection (j) who pays less than the full amount for commodities prior to or upon delivery, issues a check at the time of delivery that is later dishonored for any reason, or takes any action subsequent to delivery that causes the producer to receive less than the full amount paid at delivery, shall file and maintain a surety bond in the amount required by this section.

Acts 1989, ch. 232, § 6; 2006, ch. 656, § 4; 2014, ch. 677, § 1.

Amendments. The 2014 amendment added (j) and (k).

Effective Dates. Acts 2014, ch. 677, § 3. April 14, 2014.

43-32-107. Inspections — License suspension or revocation.

  1. The department shall examine or inspect each licensed commodity dealer or warehouseman at least once each calendar year. The department may inspect the premises used by any commodity dealer or warehouseman in the conduct of business at any time, and the books, accounts, records and papers of every licensed commodity dealer or warehouseman shall at all times during business hours be subject to inspection by the department. Each commodity dealer or warehouseman may also be required to make such reports of activities, obligations, and transactions as deemed necessary by the department to protect the producer as set forth in the rules and regulations.
  2. If a commodity dealer or warehouseman violates any of the provisions of this chapter, that person's license and certificate of license may be removed from that person's premises by any department employee charged with the enforcement of this chapter and returned to the department. This removal shall constitute a suspension of the license, and the licensee may request a hearing before the commissioner within ten (10) days in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
  3. If the department finds that a commodity dealer is licensed as a commodities warehouse under the United States Warehouse Act and does not satisfy the requirements of part 2 of this chapter, the commissioner shall suspend or revoke the dealer's license until such time as the commodities warehouse complies with the Tennessee Commodity Producer Indemnity Act, compiled in part 2 of this chapter.
  4. If any court of competent jurisdiction issues any order restraining, overturning or modifying any order of the department that suspends or revokes a commodity dealer's or warehouseman's license, the department, its officers, employees and agents shall be held harmless from any liabilities or financial obligations arising out of the operations of the commodity dealer or warehouseman while operating under the court order.

Acts 1989, ch. 232, § 7; 1997, ch. 387, § 20.

Compiler's Notes. The United States Warehouse Act, referred to in this section, is codified primarily in 7 U.S.C. § 241 et seq.

43-32-108. Insolvency — Payment defaults.

  1. If it is discovered that any commodity dealer or warehouseman is insolvent, or that its continuance in business will seriously jeopardize the interest of its creditors or commodities depositors, it is the duty of the commissioner to close that dealer or warehouseman and to take charge of all the property and effects thereof, and to notify the surety. Upon taking charge of any such dealer or warehouseman, the commissioner shall, as soon as practicable, ascertain by a thorough examination into its affairs, its actual financial condition, and whenever the commissioner becomes satisfied that the commodity dealer or warehouseman cannot resume business or liquidate its indebtedness to the satisfaction of its creditors, the commissioner shall report the fact of its insolvency to the attorney general and reporter, who shall immediately upon receipt of this notice institute proper proceedings in the proper court for the purpose of having a receiver appointed.
  2. With the exception of incidental commodity dealers, nonsecured, if a commodity dealer or warehouseman fails or refuses to make payment for or deliver to a producer for commodities when requested, the producer shall notify the commissioner in writing of the failure or refusal within one hundred sixty (160) days of the date of sale or the date of delivery of the commodities to the commodity dealer or warehouseman, whichever is later, but in case of deferred pricing, delayed pricing, priced later, or similar contractual arrangements, no more than two hundred seventy (270) days after the date of delivery. The commissioner, upon receiving this notice, shall take whatever action is necessary. The producer furnishing written notice within the prescribed length of time is entitled to the benefits of the commodity dealer's or warehouseman's bond if such bond is required in accordance with § 43-32-106. However, if a producer fails to furnish written notice to the commissioner within the prescribed time, then that producer is not entitled to any benefits under the commodity dealer's or warehouseman's bond and part 2 of this chapter. Commodity dealer liability under price later contracts, open price contracts, deferred price contracts, or similar agreements shall accrue under the bond in effect at the date of default as determined by the commissioner.
  3. With the exception of incidental commodity dealers, nonsecured, when the commissioner has determined that a commodity dealer has defaulted payment to producers for commodities that the dealer has purchased from them, or that a warehouseman failed to deliver value for commodities stored, the commissioner shall determine through appropriate legal procedures the producers and the amount of defaulted payment, and as trustee of the bond, shall immediately after such determination call for the commodity dealer's surety bond or bonds to be paid to the commissioner for distribution to those producers who should receive the benefits. Should the defaulted amount owed producers be less than the principal amount of the bond or bonds, then the surety shall be obligated to pay only the amount of the default.
  4. Notwithstanding subsections (b) and (c), an incidental commodity dealer, nonsecured, by opting not to maintain a security instrument, causes the producers from whom the dealer purchases commodities to be ineligible to receive indemnification from the Tennessee grain indemnity fund in the event the dealer fails to make payment for the commodities delivered to the dealer.

Acts 1989, ch. 232, § 8; 2006, ch. 656, §§ 5-7; 2014, ch. 677, § 2.

Amendments. The 2014 amendment added “if such bond is required in accordance with § 43-32-106” at the end of the third sentence in (b).

Effective Dates. Acts 2014, ch. 677, § 3. April 14, 2014.

43-32-109. Violations — Penalties.

  1. With the exception of incidental commodity dealers, nonsecured, failure of a commodity dealer or warehouseman to file a bond or certificate of deposit and to keep the bond or certificate of deposit in force or to maintain assets adequate to assure payment to producers for commodities purchased from or stored for them shall be grounds for the suspension or revocation of a license issued under this chapter.
  2. Any person who engages in business as a commodity dealer or warehouseman without securing a license, or who does not have a valid license or is in violation of this chapter or the rules and regulations promulgated under this chapter, or who impedes, obstructs, hinders, or otherwise prevents or attempts to prevent the commissioner or the commissioner's duly authorized agent in the performance of that officer's duty in connection with this chapter or its rules and regulations, or any commodity dealer or warehouseman, or any officer, agent or employee of a commodity dealer or warehouseman, who refuses to permit inspection of that person's premises, books, accounts, or records as provided in this chapter commits a Class A misdemeanor. In case of a continuing violation or violations, each day that each violation occurs constitutes a separate and distinct offense.
  3. Any commodity dealer or warehouseman, or officer, agent, or employee of a commodity dealer or warehouseman, who withholds records, keeps or files false records or who inaccurately alters records or presents to the department any materially false records commits a Class E felony.
  4. It is the duty of each district attorney general to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in the appropriate court without delay. Before the commissioner reports a violation for prosecution, the commissioner may give the commodity dealer or warehouseman, or the officer, agent or employee of the commodity dealer or warehouseman, an opportunity to present such person's views at a hearing.
  5. The commissioner may file a complaint and apply for, and the appropriate court may grant, a temporary restraining order or preliminary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rules and regulations promulgated under this chapter, notwithstanding the existence of other judicial remedies. Any such injunction may be entered without notice and without bond.
  6. The commissioner may prohibit a commodity dealer or warehouseman from disposing of any commodities owned, in whole or in part, or held or in that person's possession, whether owned in whole or in part, or may prohibit anyone from removing any commodities in which the commodity dealer or warehouseman or producers from which that person has purchased commodities have an interest; and shall have authority for the disposition of the commodities to carry out the intent of this chapter.

Acts 1989, ch. 232, § 9; 1989, ch. 591, §§ 1, 6; 2006, ch. 656, § 8.

Code Commission Notes.

The felony in this section has been designated as a Class E felony by authority of § 40-35-110, which provides that an offense designated a felony without specification as to category is a Class E felony. See also § 39-11-114.

The misdemeanor in this section has been designated as a Class A misdemeanor by authority of § 40-35-110, which provides that an offense designated a misdemeanor without specification as to category is a Class A misdemeanor. See also § 39-11-114.

Cross-References. Classification of offenses, § 40-35-110.

Penalty for Class A misdemeanor, § 40-35-111.

Penalty for Class E felony, § 40-35-111.

43-32-110. Use of price later contracts — Rules and regulations.

The commissioner may regulate the use of price later contracts by the promulgation of any rule or regulation the commissioner may deem necessary.

Acts 1989, ch. 232, § 10.

Part 2
Commodity Producer Indemnity Law

43-32-201. Short title.

This part shall be known and may be cited as the “Tennessee Commodity Producer Indemnity Law.”

Acts 1989, ch. 232, § 11.

Cross-References. Agriculture commodities promotion, title 43, chapter 29.

Commercial feed law, title 44, ch. 6.

Cooperative marketing associations, title 43, ch. 16.

Tobacco sales, title 43, ch. 19.

Warehouse receipts, bills of lading and other documents of title, title 47, ch. 7.

Warehouse storage of baled cotton, § 68-102-152.

43-32-202. Purpose — Tennessee grain indemnity fund.

It is the purpose of this part to promote the state's welfare by improving the economic stability of agriculture. It is declared to be in the public interest and highly advantageous to the agricultural economy of the state that producers of grain be permitted, by referendum, to levy upon themselves an assessment of one cent (1¢) per bushel on soybeans and one-half cent (½¢) per bushel on all other grain, and provide for the collection of the assessment for the purpose of financing or contributing to the financing of the Tennessee grain indemnity fund, which is created as a separate fund within the department of agriculture to protect commodity producers in the event of the financial failure of a commodity dealer or warehouseman, and to ensure the existence of adequate funds so the commodity producers and claimants may be compensated for losses occasioned by the failure of a commodity dealer or warehouseman.

Acts 1989, ch. 232, § 11; 1997, ch. 387, § 2.

43-32-203. Referendum of producers — Procedure.

  1. Any qualified producer organization may make application to the commissioner requesting a referendum of producers on forms prescribed by the commissioner for the purpose of determining whether an assessment of the amount specified in § 43-32-202 can be levied, collected and disbursed under this part.
  2. Within thirty (30) days of receipt of an application requesting a referendum, the commissioner shall make a determination of whether or not the petitioner is a qualified producer organization and, upon this determination, shall set a date for the referendum, which shall not be more than sixty (60) days after receipt of the application, and shall publish by any reasonable means, the date of the referendum, the polling places and the hours they will be open, the amount of the proposed assessment, and the date the assessment shall begin, if adopted.
    1. Any referendum held under this part shall be conducted statewide, under the control and direction of the commissioner. The polling place in each county shall be the offices of the University of Tennessee agriculture extension service. All ballots shall be provided at the polling place. All voting shall be by secret ballot.
      1. Each person seeking to vote in the referendum shall be required to file an affidavit stating that the person is a producer as defined in this chapter. Upon signing an affidavit, that person shall be eligible to vote. The question to be decided in the referendum shall be in the following form:

        Shall the producers of  assess themselves at the rate of  cents per  of  sold, and use the funds so collected by the department of agriculture solely to finance the Tennessee grain indemnity fund in order to protect commodity producers in the event of the financial failure of a commodity dealer or warehouseman?

      2. The affirmative vote of the majority of the number of votes cast adopts the proposed assessment.
    2. Within ten (10) days after the referendum, the commissioner shall canvass the votes and publicly announce the result of the referendum.

Acts 1989, ch. 232, § 12; 1997, ch. 387, § 3.

43-32-204. [Repealed.]

Compiler's Notes. Former § 43-32-204 (Acts 1989, ch. 232, § 13), concerning the commodity producer indemnity corporation, was repealed by Acts 1997, ch. 387, § 4. The act further provided in § 16 that the board shall terminate and cease all activities on July 1, 1997.

43-32-205. Applicability — Department powers.

  1. Every commodity dealer or warehouseman required to be licensed by the department, except for commodity dealers who are incidental grain dealers, unsecured, shall be subject to this part.
  2. The department shall be empowered to enter into a cooperative agreement with any commodity warehouse licensed under the United States Warehouse Act or with any federal agency to accomplish the purposes of this part.

Acts 1989, ch. 232, § 14; 2011, ch. 69, § 1.

Compiler's Notes. The United States Warehouse Act, referred to in this section, is codified primarily in numerous sections of 7 U.S.C., and also in 16 and 31 U.S.C.

Amendments. The 2011 amendment inserted “, except for commodity dealers who are incidental grain dealers, unsecured,” in (a).

Effective Dates. Acts 2011, ch. 69, § 5. April 12, 2011.

43-32-206. Assessments — Notice — Refunds — Applicability.

  1. Upon an affirmative vote in the referendum, the commissioner shall notify forthwith by certified mail all persons in this state engaged in the business of purchasing commodities from producers, except for purchasers who are incidental grain dealers, unsecured, that on and after the date specified in the letter, the assessment specified in § 43-32-202 shall be deducted from the producer's payment by the purchaser or the purchaser's agent or representative from the purchase price of the commodities. The assessment so deducted shall, on or before the twentieth day of the month following the end of the month in which the commodities are sold to the purchaser, be remitted by the purchaser to the Tennessee grain indemnity fund. The books and records of all purchasers of commodities, which shall clearly indicate the producer and the amount of the assessment, shall be at all times open for inspection by the commissioner or the commissioner's agents during regular business hours. The commissioner or the commissioner's agents may take such steps as are reasonably necessary to verify the accuracy of books and records of purchasers of commodities.
  2. Any producer upon and against whom the assessment is levied and collected under this section, if dissatisfied with the assessment and its result, may demand of and receive from the Tennessee commodity producer indemnity fund a refund of the assessment collected from the producer. Requests for refunds shall be made within ninety (90) days of the date the amount was deducted. By voluntarily submitting to a refund, the producer foregoes any protection or compensation provided by the Tennessee grain indemnity fund.
    1. Producers who have requested and received a refund of an assessment pursuant to this part may re-enter the program by petitioning commissioner for approval of re-entry into the program and immediately upon mailing a petition for re-entry to the offices of the department, placing an amount equal to all previous assessment refunds plus interest to that producer in an escrow account in a local bank, the previous assessments and the terms and conditions of the escrow account to be determined by the department.
    2. The commissioner shall review the producer's petition for re-entry and, if approved, the producer shall repay into the appropriate indemnity fund all previous assessment refunds as determined by the department. Producers re-entering the program pursuant to this section will be protected by the program ninety (90) days from the time all previous assessment refunds were placed in escrow.
    3. No producer will be granted protection of the grain producer indemnity program who has not been a participant in the program prior to meeting the criteria of a claimant.
  3. Commodity producers from outside Tennessee shall not be subject to the assessment if they certify to the commodity dealer or warehouseman that they are out-of-state producers. The department shall establish the form to be completed, signed and given to the commodity dealer or warehouseman in order to obtain the exemption. A copy of the form shall be kept as a part of the books and records by the commodity dealer or warehouseman and, in addition, a copy of the form shall be supplied to the department. A commodity producer from outside of Tennessee may be subject to the assessment and therefore awarded all the protection of this part if the producer so chooses and meets the requirements of this part. The commissioner may enter into a reciprocal agreement with a contiguous state having a similar program.
  4. The assessments by the department pursuant to this part are in addition to any other fees or assessments required by law.

Acts 1989, ch. 232, § 15; 1997, ch. 387, §§ 6-10; 2011, ch. 69, § 2.

Amendments. The 2011 amendment inserted “except for purchasers who are incidental grain dealers, unsecured,” in the first sentence of (a).

Effective Dates. Acts 2011, ch. 69, § 5. April 12, 2011.

43-32-207. Assessment — Suspension — Reinstatement.

  1. The assessment shall continue on grain until the Tennessee grain indemnity fund is more than three million dollars ($3,000,000). If and when the fund is more than three million dollars ($3,000,000), the commissioner shall temporarily suspend the assessment. At such time the amount in the fund drops below three million dollars ($3,000,000), the commissioner may reinstitute the assessment; however, the assessment shall not exceed the assessment rate established by this chapter. Adjustments to the assessment can be made only once annually. At such time the fund has utilized funds from the revenue fluctuation reserve fund in accordance with § 43-32-209, and if, in the opinion of the commissioner, the assessment will not pay the state back, the commissioner may institute a mandatory assessment. This mandatory assessment shall be in effect only for as long as it takes to repay the revenue fluctuation reserve fund, and shall not be applicable to producers who were ineligible to receive benefits from the Tennessee grain indemnity fund at the time of the claim that resulted in the obligation to the revenue fluctuation reserve fund.
  2. Notwithstanding any other provisions of this part, any assessment initiated after July 1, 2011, shall continue until the balance of the fund is ten million dollars ($10,000,000), at which time the assessment shall be temporarily suspended. Assessments thereafter shall be reinstated when the fund balance is less than eight million dollars ($8,000,000).

Acts 1989, ch. 232, § 16; 2011, ch. 69, § 3.

Amendments. The 2011 amendment added (b).

Effective Dates. Acts 2011, ch. 69, § 5. April 12, 2011.

43-32-208. Assessments — Collection — Fund management.

All assessments collected by the department pursuant to this part shall be in a separate fund and shall be used solely to carry out the purposes of this chapter. These funds may be invested and reinvested at the discretion of the state treasurer, and the interest from these investments shall be deposited to the credit of the fund and shall be available for the same purposes as all other money deposited in the Tennessee grain indemnity fund. The moneys in the Tennessee grain indemnity fund shall not be available for any purpose other than the payment of claims and for the administration of this chapter.

Acts 1989, ch. 232, § 17; 1997, ch. 387, § 11.

43-32-209. Access to reserve funds.

In the event that the amount in the Tennessee grain indemnity fund is insufficient to pay the approved claims from that fund, the commissioner of agriculture, with the approval of the commissioner of finance and administration and the appropriate standing committees of the general assembly, shall have access to the revenue fluctuation reserve fund for an amount sufficient to satisfy the unpaid claims. This access shall not exceed a maximum amount of one million five hundred thousand dollars ($1,500,000). The state shall be reimbursed, with interest, at the rate paid on ninety-day United States treasury bills, for any amounts paid under this section upon replenishment of the fund from the assessments on the appropriate commodity made pursuant to this part.

Acts 1989, ch. 232, § 18; 1997, ch. 387, § 12.

43-32-210. Compensation of claimants.

  1. Within ninety (90) days of the commissioner's approval of a valid claim, the department shall, in accordance with this section, compensate from the Tennessee grain indemnity fund any claimant who has incurred a financial loss due to a failure of a commodity dealer or warehouseman.
    1. Any claimant who has incurred a financial loss due to a failure of a commodity dealer shall be entitled to be compensated for eighty-five percent (85%) of a valid claim, to a maximum of one hundred thousand dollars ($100,000), with moneys from the Tennessee grain indemnity fund. To the maximum extent that funds are or may be made available for such purpose, the remaining balance of the claims shall be paid by the department from the assets and other security of the failed dealer.
    2. Any claimant who has incurred a financial loss due to the failure of a warehouseman and who has surrendered a warehouse receipt for payment or holds a warehouse receipt and cannot receive value shall be compensated for one hundred percent (100%) of the claim.
  2. To the extent that the balance of the grain indemnity fund increases as a result of § 43-32-207(b), the maximum amount per claimant set forth in subsection (a) shall be adjusted proportionately, so that the maximum amount per claimant shall be maintained at three and one-third percent (31/3%) of the balance of the grain indemnity fund at the time of a failure of a commodity dealer.

Acts 1989, ch. 232, § 19; 1997, ch. 387, § 13; 2011, ch. 69, § 4.

Amendments. The 2011 amendment added (b).

Effective Dates. Acts 2011, ch.69, § 5. April 12, 2011.

43-32-211. Commission — Duties.

The commissioner, upon determining that a commodity dealer or warehouseman has defaulted payment or failed, has the duty under this part, in addition to any other duties granted to the commissioner by law, to:

  1. Request the transfer of moneys from the Tennessee grain indemnity fund when necessary for the purpose of compensating claimants in accordance with § 43-32-210;
  2. Hold in trust any assets of a failed commodity dealer or warehouseman for the purposes of repayment of the Tennessee grain indemnity fund moneys used to pay claimants; any repayment to the appropriate indemnity fund shall not exceed the principal amount paid to claimants; and
  3. In the event that the amount in the Tennessee grain indemnity fund is insufficient to pay all valid claims in accordance with § 43-32-210, pay valid claims based on a pro rata share of available funds.

Acts 1989, ch. 232, § 20; 1997, ch. 387, § 14.

43-32-212. Department of agriculture — Duties.

The department has the duty under this chapter to:

  1. Collect and deposit all fees and assessments authorized under this part into the Tennessee grain indemnity fund for investment by the fund;
  2. Transfer, at the discretion of the commissioner, any moneys from the department to the Tennessee grain indemnity fund for investment;
  3. Subrogate all the rights of the claimant. The claimant shall assign all rights, title and interest in any judgment to the department;
  4. Initiate any action it may deem necessary to compel the commodity dealer or warehouseman against whom an awarded claim arose to repay the Tennessee grain indemnity fund; and
  5. Initiate any action it may deem necessary to compel the claimant whose claim arose due to a failure to participate in any legal proceeding in relation to that claim.

Acts 1989, ch. 232, § 21; 1997, ch. 387, § 15.

43-32-213. Rules.

In accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, the commissioner shall promulgate such rules as may be necessary to effectively and efficiently administer and enforce this chapter.

Acts 1989, ch. 232, § 22.

Chapter 33
Aquaculture

43-33-101. [Repealed.]

Compiler's Notes. Former 43-33-101 (Acts 1991, ch. 481, § 1), concerning the short title to the Aquaculture Policy Act of 1991, was repealed by Acts 2008, ch. 622, § 2, effective July 1, 2008.

43-33-102. [Repealed.]

Compiler's Notes. Former 43-33-102 (Acts 1991, ch. 481, § 1), concerning the aquaculture advisory board, was repealed by Acts 2008, ch. 622, § 2, effective July 1, 2008.

43-33-103. [Repealed.]

Compiler's Notes. Former 43-33-103 (Acts 1991, ch. 481, § 1), concerning the duties and powers of the aquaculture advisory board, was repealed by Acts 2008, ch. 622, § 2, effective July 1, 2008.

43-33-104. [Repealed.]

Compiler's Notes. Former 43-33-104 (Acts 1991, ch. 481, § 1; 2000, ch. 880, § 3), concerning the state aquaculture plan, was repealed by Acts 2008, ch. 622, § 2, effective July 1, 2008.

43-33-105 — 43-33-125. [Reserved.]

  1. Notwithstanding any other provision of law or proclamation to the contrary, any person, firm or corporation engaged in the business of fish farming may raise to maturity hybrid striped bass for the specific purpose of making the hybrid striped bass available for purchase by wholesalers, restaurants and members of the public. The person, firm or corporation shall comply with the applicable rules of the Tennessee fish and wildlife commission.
  2. For the purposes of this section, “fish farming” means the rearing of artificially propagated, nonbait fish for the specific and bona fide purpose of making the fish available to persons wishing to procure the fish by purchase.

Acts 1991, ch. 481, § 2; 2012, ch. 993, § 5.

Amendments. The 2012 amendment substituted “fish and wildlife commission” for “wildlife resources commission” at the end of the last sentence of (a).

Effective Dates. Acts 2012, ch. 993, § 14. June 30, 2012.

43-33-126. Fish farming — Hybrid striped bass.

Chapter 34
Agricultural District and Farmland Preservation Act

43-34-101. Short title.

This chapter shall be known and may be cited as the “Agricultural District and Farmland Preservation Act of 1995.”

Acts 1995, ch. 465, § 2.

Comparative Legislation. Farmland preservation:

Ky. Rev. Stat. Ann. § 262.850.

N.C. Gen. Stat. § 106-735 et seq.

Va. Code §§ 3.1-18.5 — 3.1-18.8.

Collateral References. Agriculture 2.

43-34-102. Purpose and policy.

It is the intent and purpose of the state to encourage the conservation, protection, and responsible utilization of lands that are managed for purposes of agricultural production. It is recognized that these lands are finite, fragile, and valuable resources that contribute economically and socially to the well being of the state. It is also recognized that these lands are subject to change and conversion from agricultural production as a result of urban expansion, and similar land development measures. It is the policy of the state to provide a process for the recognition of lands dedicated to agricultural production and to assure an accurate understanding of the impacts of public policy decisions that might otherwise alter the capability of those lands to remain in agricultural production.

Acts 1995, ch. 465, § 3.

43-34-103. Chapter definitions.

As used in this chapter, unless the context otherwise requires:

  1. “Agricultural district” means those properties residing within a contiguous boundary and meeting appropriate criteria for designation as such by the local soil conservation district;
  2. “Agricultural production” means those operations including associated land and facility management activities engaged in the commercial propagation, raising, harvesting and/or processing of any plant or animal or products thereof for purposes of consumption, utilization, goods, or service either on-site or for distribution;
  3. “Board of supervisors” means the governing body of the local soil conservation district;
  4. “Farmland” means land and associated facilities involved in agricultural production activities;
  5. “Ownership” means any individual, family, company, corporation, or organization holding title to property within a proposed or established agricultural district;
  6. “Petition” means the application and application process for designation of an agricultural district as submitted to the local soil conservation district;
  7. “Soil conservation district” means that governmental body established by chapter 14, part 2, of this title; and
  8. “State soil conservation committee” means that governmental body established by chapter 14, part 2, of this title.

Acts 1995, ch. 465, § 4.

43-34-104. Requirements of an agricultural district — Petition process.

  1. To qualify for designation as an agricultural district, a district shall initially contain at least two hundred fifty (250) contiguous acres and may include any number of individual property ownerships; however, no single ownership shall contain less than fifteen (15) acres. This chapter shall not alter the eligibility requirements or any other provision of the Agricultural, Forest and Open Space Land Act, compiled in title 67, chapter 5, part 10.
  2. Agricultural districts can only include ownerships engaged in agricultural production.
  3. Landowners must submit a petition to the local soil conservation district board of supervisors requesting designation of an agricultural district. The petition shall include the following information:
    1. A general description of the proposed agricultural district including total number of ownerships, total acreage, land use information, social and economic information about the respective area of the county, and potential impacts of development on agricultural production;
    2. Location of the proposed agricultural district boundary on a standard United States geological survey quadrangle map (1:2000 scale);
    3. Location of the proposed agricultural district boundary on the local county tax assessor map, including location and identification of each ownership within the agricultural district as well as identification of all ownerships adjacent to the agricultural district;
    4. A description of the type and extent of agricultural production activity for each ownership within the proposed agricultural district; and
    5. Other pertinent information as the soil conservation district board of supervisors may require to evaluate the petition.
  4. Individual ownership participation in an agricultural district is entirely voluntary, and no land shall be included in the agricultural district without the consent of the owner.
  5. Upon receipt of a petition, the local soil conservation district board of supervisors shall notify the county commissioner and/or any local or regional planning or zoning body that may apply by sending a copy of the petition to such body.
  6. In evaluating a petition for the establishment of an agricultural district, the local soil conservation district board of supervisors shall consider the following:
    1. The capability of the land to support continued agricultural production as indicated by soil conditions, climate, topography, and other natural conditions;
    2. The ability of the local, regional, state, and international markets to support continued agricultural production; and
    3. Any matter that might be relevant to evaluation of the petition.

Acts 1995, ch. 465, § 5.

43-34-105. Approval and repeal of districts.

  1. Upon review of a petition, the local soil conservation district board of supervisors may approve designation of an agricultural district. A designated agricultural district shall be established for a period of five (5) years and reviewed for redesignation every five (5) years thereafter. However, the soil conservation district may review the status of designation at any time upon the written request and justification of the respective county mayor or city manager or upon a decision of the board of supervisors that such a review is appropriate. The soil conservation district board of supervisors may sustain or repeal designation of an agricultural district based upon the following:
    1. The continued viability of the agricultural district. An agricultural district can become reduced in acreage based upon the voluntary withdrawal of any of the ownerships. However, the agricultural district shall cease to exist if the total designated acreage drops below twenty (20) acres;
    2. The impacts and consequences of proposed land development; and
    3. Other factors that the board of supervisors may find relevant.
  2. Any ownership or any successor heir of the ownership within an agricultural district may withdraw from the agricultural district upon notifying the local soil conservation district in writing.
  3. Landowners may resubmit petitions for designation or redesignation at any time to the local soil conservation district.
  4. If a petition is rejected or the local soil conservation district board of supervisors repeals designation of an agricultural district, the ownerships within the agricultural district can appeal the decision of the board of supervisors to the state soil conservation committee. Based upon a review of all relevant information and following a public hearing, the state soil conservation committee may either sustain or overturn the decision of the local soil conservation district.

Acts 1995, ch. 465, § 6; 2003, ch. 90, § 2.

Compiler's Notes. Acts 2003, ch. 90, § 2, directed the code commission to change all references from “county executive” to “county mayor” and to include all such changes in supplements and replacement volumes for the Tennessee Code Annotated.

43-34-106. Procedures, limitations and responsibilities.

Upon establishment of an agricultural district the following procedures, limitations, and responsibilities apply:

  1. Any ownership within an agricultural district that has received a notice of condemnation proceedings against its property may request the local soil conservation district to conduct a public hearing to review the project's impact on that property. The public hearing shall be held within forty-five (45) calendar days of the receipt of such summons of condemnation proceedings.
  2. The local soil conservation district with the assistance of the state soil conservation committee shall provide appropriate notification about establishment of the agricultural district to local and state governmental agencies, local media, and other communication networks. The soil conservation district shall also issue appropriate certificates of recognition to the respective ownerships within the agricultural district.
  3. The local soil conservation district in cooperation with the local roads superintendent, or the superintendent's counterpart, as well as the department of transportation, may erect signs as may be appropriate to recognize a designated agricultural district.

Acts 1995, ch. 465, § 7.

43-34-107. Boundary designation.

An individual agricultural district may be comprised of ownerships residing in more than one (1) soil conservation district as long as the conditions of a contiguous boundary are satisfied. In such a case, each soil conservation district shall have the responsibility to meet the requirements of this chapter within the county of its jurisdiction.

Acts 1995, ch. 465, § 8.

43-34-108. Intent.

It is not the intent of the general assembly in adopting this chapter to in any way prohibit, restrict, inhibit, or affect municipalities and/or counties in the exercise of the specific powers delegated by title 6, chapter 51; title 13, chapter 3, parts 1, 3 and 4; title 13, chapter 4; title 13, chapter 7, parts 1 and 4; or to allow this to be done pursuant to this chapter. Furthermore, it is not the intent of the general assembly in adopting this chapter to in any way prohibit, restrict, inhibit, or affect any municipality or county in exercising any other power or authority the municipality or county may lawfully exercise, or to allow this to be done pursuant to this chapter. Nor is it the intent of the general assembly in adopting this chapter to affect a county's or municipality's power of eminent domain as provided in title 29, chapter 17, parts 1 and 2, in any way other than as described in § 43-34-106.

Acts 1995, ch. 465, § 9.

Chapter 35
Southern Dairy Compact

43-35-101. Creation—General provisions.

The southern dairy compact is enacted into law by the Tennessee general assembly and is entered into on behalf of the state of Tennessee, with all other jurisdictions legally joining therein in a form substantially similar to the text adopted in this chapter. The compact shall become effective when enacted into law by at least two (2) other states within the compact group of states in a form substantially similar to the text as follows and when the consent of congress has been obtained. The text of the proposed compact is as follows:

Southern Dairy Compact

Article I. Statement of Purpose, Findings and Declaration of Policy

§ 1.  Statement of purpose, findings and declaration of policy.

The purpose of this compact is to recognize the interstate character of the southern dairy industry and the prerogative of the states under the United States constitution to form an interstate commission for the southern region. The mission of the commission is to take such steps as are necessary to assure continued viability of dairy farming in the south, and to assure consumers of an adequate, local supply of pure and wholesome milk.

The participating states find and declare that the dairy industry is an essential agricultural activity of the south. Dairy farms, and associated suppliers, marketers, processors and retailers are an integral component of the region's economy. Their ability to provide a stable, local supply of pure, wholesome milk is a matter of great importance to the health and welfare of the region.

The participating states further find that dairy farms are essential and they are an integral part of the region's rural communities. The farms preserve land for agricultural purposes and provide needed economic stimuli for rural communities.

In establishing their constitutional regulatory authority over the region's fluid milk market by this compact, the participating states declare their purpose that this compact neither displace the federal order system nor encourage the merging of federal orders. Specific provisions of the compact itself set forth this basic principle.

Designed as a flexible mechanism able to adjust to changes in a regulated marketplace, the compact also contains a contingency provision should the federal order system be discontinued. In that event, the interstate commission is authorized to regulate the marketplace in replacement of the order system. This contingent authority does not anticipate such a change, however, and should not be so construed. It is only provided should developments in the market other than establishment of this compact result in discontinuance of the order system.

By entering into this compact, the participating states affirm that their ability to regulate the price which southern diary farmers receive for their product is essential to the public interest. Assurance of a fair and equitable price for diary farmers ensures their ability to provide milk to the market and the vitality of the southern diary industry, with all the associated benefits.

Recent, dramatic price fluctuations, with a pronounced downward trend, threaten the viability and stability of the southern dairy region. Historically, individual state regulatory action had been an effective emergency remedy available to farmers confronting a distressed market. The federal order system, implemented by the Agricultural Marketing Agreement Act of 1937, establishes only minimum prices paid to producers for raw milk, without preempting the power of states to regulate milk prices above the minimum levels so established.

In today's regional dairy marketplace, cooperative, rather than individual state action is needed to more effectively address the market disarray. Under our constitutional system, properly authorized states acting cooperatively may exercise more power to regulate interstate commerce than they may assert individually without such authority. For this reason, the participating states invoke their authority to act in common agreement, with the consent of congress, under the compact clause of the constitution.

Article II. Definitions and Rules of Construction

§ 2.  Definitions.

For the purposes of this compact, and of any supplemental or concurring legislation enacted pursuant thereto, except as may be otherwise required by the context:

  1. “Class I milk” means milk disposed of in fluid form or as a fluid milk product, subject to further definition in accordance with the principles expressed in section 3(b);
  2. “Commission” means the southern dairy compact commission established by this compact;
  3. “Commission marketing order” means regulations adopted by the commission pursuant to §§ 43-35-108 and 43-35-109 in place of a terminated federal marketing order or state dairy regulation. Such order may apply throughout the region or in any part or parts thereof as defined in the regulations of the commission. Such order may establish minimum prices for any or all classes of milk;
  4. “Compact” means this interstate compact;
  5. “Compact over-order price” means a minimum price required to be paid to producers for Class I milk established by the commission in regulations adopted pursuant to §§ 43-35-108 and 43-35-109, which is above the price established in federal marketing orders or by state farm price regulations in the regulated area. Such price may apply throughout the region or in any part or parts thereof as defined in the regulations of the commission;
  6. “Milk” means the lacteral secretion of cows and includes all skim, butterfat, or other constituents obtained from separation or any other process. “Milk” is used in its broadest sense and may be further defined by the commission for regulatory purposes;
  7. “Partially regulated plant” means a milk plant not located in a regulated area but having Class I distribution within such area. Commission regulations may exempt plants having such distribution or receipts in amounts less than the limits defined therein;
  8. “Participating state” means a state which has become a party to this compact by the enactment of concurring legislation;
  9. “Pool plant” means any milk plant located in a regulated area;
  10. “Region” means the territorial limits of the states which are parties to this compact;
  11. “Regulated area” means any area within the region governed by and defined in regulations establishing a compact over-order price or commission marketing order; and
  12. “State dairy regulation” means any state regulation of dairy prices, and associated assessments, whether by statute, marketing order or otherwise.

    § 3.  Rules of construction.

  1. This compact shall not be construed to displace existing federal milk marketing orders or state dairy regulation in the region but to supplement them. In the event some or all federal orders in the region are discontinued, the compact shall be construed to provide the commission the option to replace them with one (1) or more commission marketing orders pursuant to this compact.
  2. The compact shall be construed liberally in order to achieve the purposes and intent enunciated in article I, section 1. It is the intent of this compact to establish a basic structure by which the commission may achieve those purposes through the application, adaptation and development of the regulatory techniques historically associated with milk marketing, and to afford the commission broad flexibility to devise regulatory mechanisms to achieve the purposes of this compact. In accordance with this intent, the technical terms which are associated with market order regulation and which have acquired commonly understood general meanings are not defined herein but the commission may further define the terms used in this compact and develop additional concepts and define additional terms as it may find appropriate to achieve its purposes.

Article III. Commission Established

§ 4.  Commission established.

There is hereby created a commission to administer the compact, composed of delegations from each state in the region. The commission shall be known as the southern dairy compact commission. A delegation shall include not less than three (3) nor more than five (5) persons. Each delegation shall include at least one (1) dairy farmer who is engaged in the production of milk at the time of appointment or reappointment, and one (1) consumer representative. Delegation members shall be residents and voters of, and subject to such confirmation process as is provided for in, the appointing state. Delegation members shall serve no more than three (3) consecutive terms with no single term of more than four (4) years, and be subject to removal for cause. In all other respects, delegation members shall serve in accordance with the laws of the state represented. The compensation, if any, of the members of a state delegation shall be determined and paid by each state, but their expenses shall be paid by the commission.

§ 5.  Voting requirements.

All actions taken by the commission, except for the establishment or termination of an over-order price or commission marketing order, and the adoption, amendment or rescission of the commission's bylaws, shall be by majority vote of the delegations present. Each state delegation shall be entitled to one (1) vote in the conduct of the commission's affairs. Establishment or termination of an over-order price or commission marketing order shall require at least a two-thirds (2/3) vote of the delegations present. The establishment of a regulated area which covers all or part of a participating state shall require also the affirmative vote of that state's delegation. A majority of the delegations from the participating states shall constitute a quorum for the conduct of the commission's business.

§ 6.  Administration and management.

  1. The commission shall elect annually from among the members of the participating state delegations a chair, a vice chair, and a treasurer. The commission shall appoint an executive director and fix the executive director's duties and compensation. The executive director shall serve at the pleasure of the commission, and together with the treasurer, shall be bonded in an amount determined by the commission The commission may establish through its bylaws an executive committee composed of one (1) member elected by each delegation.
  2. The commission shall adopt bylaws for the conduct of its business by a two-thirds (2/3) vote, and shall have the power by the same vote to amend and rescind these bylaws. The commission shall publish its bylaws in convenient form with the appropriate agency or officer in each of the participating states. The bylaws shall provide for appropriate notice to the delegations of all commission meetings and hearings and of the business to be transacted at such meetings or hearings. Notice also shall be given to other agencies or officers of participating states as provided by the laws of those states.
  3. The commission shall file an annual report with the secretary of agriculture of the United States, and with each of the participating states by submitting copies to the governor, both houses of the legislature, and the head of the state department having responsibilities for agriculture.
  4. In addition to the powers and duties elsewhere prescribed in this compact, the commission has the power to:
    1. Sue and be sued in any state or federal court;
    2. Have a seal and alter the same at pleasure;
    3. Acquire, hold, and dispose of real and personal property by gift, purchase, lease, license, or other similar manner, for its corporate purposes;
    4. Borrow money and issue notes, to provide for the rights of the holders thereof and to pledge the revenue of the commission as security therefor, subject to the provisions of article VII, section 18;
    5. Appoint such officers, agents, and employees as it may deem necessary, prescribe their powers, duties and qualifications; and
    6. Create and abolish such offices, employments and positions as it deems necessary for the purposes of the compact and provide for the removal, term, tenure, compensation, fringe benefits, pension, and retirement rights of its officers and employees. The commission may also retain personal services on a contract basis.

      § 7.  Rulemaking power.

      In addition to the power to promulgate a compact over-order price or commission marketing orders as provided by this compact, the commission is further empowered to make and enforce such additional rules and regulations as it deems necessary to implement any provisions of this compact, or to effectuate in any other respect the purposes of this compact.

Article IV Powers of the Commission

§ 8.  Powers to promote regulatory uniformity, simplicity, and interstate cooperation.

The commission is hereby empowered to:

  1. Investigate or provide for investigations or research projects designed to review the existing laws and regulations of the participating states, to consider their administration and costs, to measure their impact on the production and marketing of milk and their effects on the shipment of milk and milk products within the region;
  2. Study and recommend to the participating states joint or cooperative programs for the administration of the dairy marketing laws and regulations and to prepare estimates of cost savings and benefits of such programs;
  3. Encourage the harmonious relationships between the various elements in the industry for the solution of their material problems;
  4. Conduct symposia or conferences designed to improve industry relations, or a better understanding of problems;
  5. Prepare and release periodic reports on activities and results of the commission's efforts to the participating states;
  6. Review the existing marketing system for milk and milk products and recommend changes in the existing structure for assembly and distribution of milk which may assist, improve or promote more efficient assembly and distribution of milk;
  7. Investigate costs and charges for producing, hauling, handling, processing, distributing, selling and for all other services performed with respect to milk;
  8. Examine current economic forces affecting producers, probable trends in production and consumption, the level of dairy farm prices in relation to costs, the financial conditions of dairy farmers, and the need for an emergency order to relieve critical conditions on dairy farms;

    § 9.  Equitable farm prices.

  1. The powers granted in this section and section 10 of this article shall apply only to the establishment of a compact over-order price, so long as federal milk marketing orders remain in effect in the region. In the event that any or all such orders are terminated, this article shall authorize the commission to establish one (1) or more commission marketing orders, as herein provided, in the region or parts thereof as defined in the order.
  2. A compact over-order price established pursuant to this section shall apply only to Class I milk. Such compact over-order price shall not exceed one dollar and fifty cents ($1.50) per gallon at Atlanta, Georgia; however, this compact over-order price shall be adjusted upward or downward at other locations in the region to reflect differences in minimum federal order prices. Beginning in 1990, and using that year as a base, the foregoing one dollar and fifty cents ($1.50) per gallon maximum shall be adjusted annually by the rate of change in the consumer price index as reported by the bureau of labor statistics of the United States department of labor. For purposes of the pooling and equalization of an over-order price, the value of milk used in other use classifications shall be calculated at the appropriate class price established pursuant to the applicable federal order or state dairy regulation, and the value of unregulated milk shall be calculated in relation to the nearest prevailing class price in accordance with and subject to such adjustments as the commission may prescribe in regulations.
  3. A commission marketing order shall apply to all classes and uses of milk.
  4. The commission is hereby empowered to establish a compact over-order price for milk to be paid by pool plants and partially regulated plants. The commission is also empowered to establish a compact over-order price to be paid by all other handlers receiving milk from producers located in a regulated area. This price shall be established either as a compact over-order or by one (1) or more commission marketing orders. Whenever such a price has been established by either type of regulation, the legal obligation to pay such price shall be determined solely by the terms and purpose of the regulation without regard to the situs of the transfer of title, possession or any other factors not related to the purposes of the regulation and this compact. Producer-handlers as defined in an applicable federal market order shall not be subject to a compact over-order price. The commission shall provide for similar treatment of producer-handlers under commission marketing orders.
  5. In determining the price, the commission shall consider the balance between production and consumption of milk and milk products in the regulated area, the costs of production including, but not limited to, the price of feed, the cost of labor including the reasonable value of the producer's own labor and management, machinery expense, and interest expense, the prevailing price for milk outside the regulated area, the purchasing power of the public and the price necessary to yield a reasonable return to the producer and distributor.
  6. When establishing a compact over-order price, the commission shall take such other action as is necessary and feasible to help ensure that the over-order price does not cause or compensate producers so as to generate local production of milk in excess of those quantities necessary to assure consumers of an adequate supply for fluid purposes.
  7. The commissions shall whenever possible enter into agreements with state or federal agencies for exchange of information or services for the purpose of reducing regulatory burden and cost of administering the compact. The commission may reimburse other agencies for the reasonable cost of providing these services.

    § 10.  Optional provisions for pricing order.

    Regulations establishing a compact over-order price or a commission marketing order may contain, but shall not be limited to, any of the following:

    1. Provisions classifying milk in accordance with the form in which or purpose for which it is used, or creating a flat pricing program;
    2. With respect to a commission marketing order only, provisions establishing or providing a method for establishing separate minimum prices for each use classification prescribed by the commission, or a single minimum price for milk purchased from producers or associations of producers;
    3. With respect to an over-order minimum price, provisions establishing or providing a method for establishing such minimum price for Class I milk;
    4. Provisions for establishing either an over-order price or a commission marketing order may make use of any reasonable method for establishing such price or prices including flat pricing and formula pricing. Provision may also be made for location adjustments, zone differentials and for competitive credits with respect to regulated handlers who market outside the regulated area;
    5. Provisions for the payment to all producers and associations of producers delivering milk to all handlers of uniform prices for all milk so delivered, irrespective of the uses made of such milk by the individual handler to whom it is delivered, or for the payment of producers delivering milk to the same handler of uniform prices for all milk delivered by them. The prices required by this provision shall not apply to milk marketed, diverted or otherwise delivered to a plant located outside the compact region;
      1. With respect to regulations establishing a compact over-order price, the commission may establish either:
        1. Provisions for each handler for the payment of uniform prices to producers for all milk delivered to such handler; or
        2. One (1) equalization pool within the regulated area for the sole purpose of equalizing returns to producers throughout the regulated area.
      2. With respect to any commission marketing order, as defined in article II, § 2(9), which replaces one (1) or more terminated federal orders or state dairy regulations, the marketing area of now separate state or federal orders shall not be merged without the affirmative consent of each state, voting through its delegation, which is partly or wholly included within any such new marketing area.
    6. Provisions requiring persons who bring Class I milk into the regulated area to make compensatory payments with respect to all such milk to the extent necessary to equalize the cost of milk purchased by handlers subject to a compact over-order price or commission marketing order. No such provisions shall discriminate against milk producers outside the regulated area. The provisions for compensatory payments may require payment of the difference between the Class I price required to be paid for such milk in the state of production by a federal milk marketing order or state dairy regulation and the Class I price established by the compact over-order price or commission marketing order;
    7. Provisions specially governing the pricing and pooling of milk handled by partially regulated plants;
    8. Provisions requiring that the account of any person regulated under the compact over-order price shall be adjusted for any payments made to or received by such persons with respect to a producer settlement fund of any federal or state milk marketing order or other state dairy regulation within the regulated area;
    9. Provisions requiring the payment by handlers of an assessment to cover the costs of the administration and enforcement of such order pursuant to article VII, section 18(a);
    10. Provisions for reimbursement to participants of the Women, Infants and Children Special Supplemental Food Program of the United States Child Nutrition Act of 1966; and
    11. Other provisions and requirements as the commission may find are necessary or appropriate to effectuate the purposes of this compact and to provide for the payment of fair and equitable minimum prices to producers.

Article V. Rulemaking Procedure

Before promulgation of any regulations establishing a compact over-order price or commission marketing order, including any provision with respect to milk supply under article IV, section 9(f), or amendment thereof, as provided in article IV, the commission shall conduct an informal rulemaking proceeding to provide interested persons with an opportunity to present data and views. Such rulemaking proceeding shall be governed by section 4 of the federal Administrative Procedure Act, as amended (5 U.S.C. § 553). In addition, the commission shall, to the extent practicable, publish notice of rulemaking proceedings in the official register of each participating state. Before the initial adoption of regulations establishing a compact over-order price or a commission marketing order and thereafter before any amendment with regard to prices or assessments, the commission shall hold a public hearing. The commission may commence a rulemaking proceeding on its own initiative or may in its sole discretion act upon the petition of any person including individual milk producers, any organization of milk producers or handlers, general farm organizations, consumer or public interest groups, and local, state or federal officials.

§ 12.  Findings and referendum.

In addition to the concise general statement of basis and purpose required by section 4(b) of the federal Administrative Procedure Act, as amended (5 U.S.C. § 553(c)), the commission shall make findings of fact with respect to:

  1. Whether the public interest will be served by the establishment of minimum milk prices to dairy farmers under article IV;
  2. What level of prices will assure that producers receive a price sufficient to cover their costs of production and will elicit an adequate supply of milk for the inhabitants of the regulated area and for manufacturing purposes;
  3. Whether the major provisions of the order, other than those fixing minimum milk prices, are in the public interest and are reasonably designed to achieve the purposes of the order; and
  4. Whether the terms of the proposed regional order or amendment are approved by producers as provided in section 13 of this article;

    § 13.  Producer referendum.

  1. For the purpose of ascertaining whether the issuance or amendment of regulations establishing a compact over-order price or a commission marketing order, including any provision with respect to milk supply under article IV, section 9(f), is approved by producers, the commission shall conduct a referendum among producers. The referendum shall be held in a timely manner, as determined by regulation of the commission. The terms and conditions of the proposed order or amendment shall be described by the commission in the ballot used in the conduct of the referendum, but the nature, content, or extent of such description shall not be a basis for attacking the legality of the order or any action relating thereto.
  2. An order or amendment shall be deemed approved by producers if the commission determines that it is approved by at least two-thirds (2/3) vote of the voting producers who, during a representative period determined by the commission, have been engaged in the production of milk, the price of which would be regulated under the proposed order or amendment.
  3. In order to ensure that all milk producers are informed regarding the proposed order, the commission shall notify all milk producers that an order is being considered and that each producer may register the producer's approval or disapproval with the commission directly.
  4. Any producer may obtain a ballot from the commission in order to register approval or disapproval of the proposed order. No form of block voting will be allowed.

    § 14.  Termination of over-order price or marketing order.

The commission shall terminate any regulations establishing an over-order price or commission marketing order issued under this article whenever it finds that such order or price obstructs or does not tend to effectuate the declared policy of this compact.

The commission shall terminate any regulations establishing an over-order price or a commission marketing order issued under this article whenever it finds that such termination is favored by a majority of the producers who, during a representative period determined by the commission, has been engaged in the production of milk, the price of which is regulated by such order; but such termination shall be effective only if announced on or before such date as may be specified in such marketing agreement or order.

The termination or suspension of any order or provision thereof shall not be considered an order within the meaning of this article and shall require no hearing, but shall comply with the requirements for informal rulemaking prescribed by section 4 of the federal Administrative Procedure Act, as amended (5 U.S.C. § 553).

Article VI Enforcement

§ 15.  Records; reports; access to premises.

  1. The commission may by rule and regulation prescribe record keeping and reporting requirements for all regulated persons. For purposes of the administration and enforcement of this compact, the commission is authorized to examine the books and records of any regulated person relating to the regulated person's milk business and for that purpose, the commission's properly designated officers, employees, or agents shall have full access during normal business hours to the premises and records of all regulated persons.
  2. Information furnished to or acquired by the commission officers, employees, or its agents pursuant to this section shall be confidential and not subject to disclosure except to the extent that the commission deems disclosure to be necessary in any administrative or judicial proceeding involving the administration or enforcement of this compact, an over-order price, a compact marketing order, or other regulations of the commission. The commission may promulgate regulations further defining the confidentiality of information pursuant to this section. Nothing in this section shall be deemed to prohibit:
    1. The issuance of general statements based upon the reports of a number of handlers, which do not identify the information furnished by any person; or
    2. The publication by direction of the commission of the name of any person violating any regulation of the commission, together with a statement of the particular provisions violated by such person.
  3. No officer, employee, or agent of the commission shall intentionally disclose information, by inference or otherwise, which is made confidential pursuant to this section. Any person violating the provisions of this section, upon conviction, commits a Class E felony, and shall be removed from office. The commission shall refer any allegation of a violation of this section to the appropriate state enforcement authority or United States attorney.

    § 16.  Subpoena; hearings and judicial review.

    1. The district courts of the United States in any district in which such handler is an inhabitant, or has a principal place of business, are hereby vested with jurisdiction to review such ruling, provided a complaint for that purpose is filed within thirty (30) days from the date of the entry of such ruling. Service of process in such proceedings may be had upon the commission by delivering to it a copy of the complaint. If the court determines that such ruling is not in accordance with law, it shall remand such proceedings to the commission with directions either to:
      1. Make such ruling as the court shall determine to be in accordance with law; or
      2. Take such further proceedings as, in its opinion, the law requires.
    2. The pendency of proceedings instituted pursuant to subdivision (c)(1) shall not impede, hinder, or delay the commission from obtaining relief pursuant to section 17. Any proceedings brought pursuant to section 17, except where brought by way of counterclaim in proceedings instituted pursuant to this section, shall abate whenever a final decree has been rendered in proceedings between the same parties, and covering the same subject matter, instituted pursuant to this section.

      § 17.  Enforcement with respect to handlers.

The commission is hereby authorized and empowered by its members and its properly designated officers to administer oaths and issue subpoenas throughout all signatory states to compel the attendance of witnesses and the giving of testimony and the production of other evidence.

Any handler subject to an order may file a written petition with the commission stating that any such order or any provision of any such order or any obligation imposed in connection therewith is not in accordance with law and praying for a modification thereof or to be exempted therefrom. The handler shall thereupon be given an opportunity for a hearing upon such petition, in accordance with regulations made by the commission. After such hearing, the commission shall make a ruling upon the prayer of such petition which shall be final, if in accordance with law.

Any violation by a handler of the provisions of regulations establishing an over-order price or a commission marketing order, or other regulations adopted pursuant to this compact shall:

Constitute a violation of the laws of each of the signatory states. Such violation shall render the violator subject to a civil penalty in an amount as may be prescribed by the laws of each of the participating states, recoverable in any state or federal court of competent jurisdiction. Each day such violation continues constitutes a separate violation; and

Constitute grounds for the revocation of license or permit to engage in the milk business under the applicable laws of the participating states.

With respect to handlers, the commission shall enforce the provisions of this compact, regulations establishing an over-order price, a commission marketing order or other regulations adopted hereunder by:

Commencing an action for legal or equitable relief brought in the name of the commission of any state or federal court of competent jurisdiction; or

Referral to the state agency for enforcement by judicial or administrative remedy with the agreement of the appropriate state agency of a participating state.

With respect to handlers, the commission may bring an action for injunction to enforce the provisions of this compact or the order or regulations adopted thereunder without being compelled to allege or prove that an adequate remedy of law does not exist.

Article VII. Finance

§ 18.  Finance of start-up and regular costs.

  1. To provide for its start-up costs, the commission may borrow money pursuant to its general power under article III, section 6(d)(4). In order to finance the costs of administration and enforcement of this compact, including payback of start-up costs, the commission is hereby empowered to collect an assessment from each handler who purchases milk from producers within the region. If imposed, this assessment shall be collected on a monthly basis for up to one (1) year from the date the commission convenes, in an amount not to exceed $.015 per hundred weight of milk purchased from producers during the period of the assessment. The initial assessment may apply to the projected purchases of handlers for the two-month period following the date the commission convenes. In addition, if regulations establishing an over-order price or a compact marketing order are adopted, they may include an assessment for the specific purpose of their administration. These regulations shall provide for establishment of a reserve for the commission's ongoing operating expenses.
  2. The commission shall not pledge the credit of any participating state or of the United States. Notes issued by the commission and all other financial obligations incurred by it shall be its sole responsibility and no participating state or the United States shall be liable therefor.

    § 19.  Audit and accounts.

  3. Nothing contained in this article shall be construed to prevent commission compliance with laws relating to audit or inspection of accounts by or on behalf of any participating state or of the United States.

The commission shall keep accurate accounts of all receipts and disbursements, which shall be subject to the audit and accounting procedures established under its rules. In addition, all receipts and disbursements of funds handled by the commission shall be audited yearly by a qualified public accountant and the report of the audit shall be included in and become part of the annual report of the commission.

The accounts of the commission shall be open at any reasonable time for inspection by duly constituted officers of the participating states and by any persons authorized by the commission.

Article VIII. Entry and Force; Additional Members and Withdrawal

§ 20.  Entry into force; additional members.

The compact shall enter into force effective when enacted into law by any three (3) states of the group of states composed of Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Maryland, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, Virginia and West Virginia and when the consent of congress has been obtained.

§ 21.  Withdrawal from compact.

Any participating state may withdraw from this compact by enacting a statute repealing the same, but no such withdrawal shall take effect until one (1) year after notice in writing of the withdrawal is given to the commission and the governors of all other participating states. No withdrawal shall affect any liability already incurred by or chargeable to a participating state prior to the time of such withdrawal.

§ 22.  Severability.

If any part or provision of this compact is adjudged invalid by any court, such judgment shall be confined in its operation to the part or provision directly involved in the controversy in which such judgment shall have been rendered, and shall not affect or impair the validity of the remainder of this compact. In the event congress consents to this compact subject to conditions, the conditions shall not impair the validity of this compact when the conditions are accepted by three (3) or more compacting states. A compacting state may accept the conditions of congress by implementation of this compact.

Acts 1998, ch. 749, § 2.

Compiler's Notes. The southern dairy compact, created by this section, terminates June 30, 2016. See §§ 4-29-112, 4-29-237.

Cross-References. Confidentiality of public records, § 10-7-504.

Penalty for Class E felony, § 40-35-111.

Comparative Legislation. Southern Dairy Compact.

Ala.  Code § 2-13A-1.

Ga.  O.C.G.A. § 2-20-1 et seq.

Ky.  Rev. Stat. Ann. § 260.670.

Miss.  Code Ann. § 69-36-1.

Mo.  Rev. Stat. § 262.700.

N.C.  Gen. Stat. § 106-810.

Va.  Code Ann. § 3.1-461.1.

Collateral References. States 6.

43-35-102. Delegates from Tennessee to the southern dairy compact.

  1. Five (5) delegates from Tennessee shall be appointed by the governor to represent the state on the southern dairy compact commission, created and provided for in article III of the compact contained in § 43-35-101. The delegates shall include two (2) dairy producers who are engaged in the production of milk at the time of appointment or reappointment, one (1) consumer representative, one (1) dairy processor, and one (1) delegate at large.
  2. Each delegate shall serve for a term of four (4) years and shall serve diligently and conscientiously and shall strive to achieve the purposes of the southern dairy compact.
  3. Each appointment shall be submitted to the house of representatives and the senate for confirmation. Confirmation shall be accomplished by the passage of a joint resolution originating in either house.
  4. Vacancies in delegate positions shall be filled in the same manner as the original appointments for the unexpired portion of the vacant delegate's position.
  5. Delegates shall receive a per diem not to exceed fifty dollars ($50.00) per day for service incurred in the performance of their duties as delegates. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
  6. The delegation shall establish procedures determining how its vote will be cast in the conduct of the commission's affairs.

Acts 1998, ch. 749, § 3.

43-35-103. Violations.

  1. No person shall violate this part, the southern dairy compact, or any rules or regulations adopted pursuant to either this chapter or the compact.
  2. In addition to any other penalties provided by law, a civil penalty of one thousand dollars ($1,000) may be imposed for each violation, licenses may be revoked or suspended, or an additional civil penalty may be imposed in lieu of revocation or suspension.
  3. Each day on which a violation occurs is a separate violation.

Acts 1998, ch. 749, § 4.

43-35-104. Effective date of compact.

  1. This compact shall become effective when all of the following have occurred:
    1. When the governor has executed the compact on behalf of this state and has caused a verified copy of the compact to be filed with the secretary of state;
    2. When the commissioner of agriculture has certified to the governor and to the general assembly that two (2) or more of the other states named in § 43-35-101 article VII, section 20 have ratified the compact in a form substantially similar to this enactment; and
    3. When the consent of congress has been obtained.
  2. The governor is authorized and directed to take such action as may be necessary to complete the exchange of official documents between this state and any other state ratifying this compact.

Acts 1998, ch. 749, § 5.

43-35-105. Compact administrator.

  1. The compact administrator for this state shall be the commissioner of agriculture. The duties of the compact administrator shall be deemed a regular part of the duties of the commissioner's office and the commissioner's expenses as compact administrator become a charge upon the funds of the department of agriculture.
  2. The commissioner, as compact administrator, shall be vested with all powers provided for in the compact and all the powers necessary or incidental to the carrying out of the compact in every particular.

Acts 1998, ch. 749, § 6.

43-35-106. Acquisition of information pertaining to the dairy industry.

The commissioner of agriculture may, by lawful means, obtain information pertaining to the dairy industry that the commissioner deems necessary to carry out the purposes of this part and the southern dairy compact. Such information may be utilized by the commissioner, the delegates, and the commission.

Acts 1998, ch. 749, § 7.

43-35-107. Rules and regulations.

The commissioner of agriculture is authorized to promulgate such rules and regulations, in accordance with the Uniform Administrative Procedures Act, compiled at title 4, chapter 5, as are necessary to carry out the purposes of this part and the southern dairy compact.

Acts 1998, ch. 749, § 8.

43-35-108. Copies of commission bylaws.

Pursuant to article VI, section 5, copies of the commission's bylaws and amendments thereto shall be filed with the commissioner of agriculture.

Acts 1998, ch. 749, § 9.

43-35-109. State cooperation with compact commission.

Consistent with law and within available appropriations, the departments, agencies and officers of this state shall cooperate with the southern dairy compact commission established by § 43-35-101, article II, section 4.

Acts 1998, ch. 749, § 10.

43-35-110. Obligations in excess of appropriations—Unlawful.

It is unlawful for the compact administrator or the commissioner's representative, and/or the members of the commission representing the state of Tennessee, to make any agreement, to create any obligation, or to commit the state for any funds, moneys or property in excess of the amounts on hand and/or the amount of appropriation for the biennium. Any such agreement, obligation or commitment shall be null and void. Such agreements, obligations or commitments shall be approved by the attorney general and reporter prior to their execution by the proper officials of the state of Tennessee.

Acts 1998, ch. 749, § 11.

Chapter 36
Tennessee Tobacco Farmers Certifying Board [Repealed]

43-36-101. [Repealed.]

Acts 1999, ch. 175, § 2; repealed by Acts 2014, ch. 503, § 2, effective February 28, 2014.

Compiler's Notes. Former title 43, ch. 36, §§ 43-36-10143-36-110, concerned the Tennessee tobacco farmers certifying board.

Acts 2014, ch. 503, § 3 provided that notwithstanding § 4-29-112 or any other law to the contrary, the Tennessee tobacco farmers certifying board, created by § 43-36-102, shall terminate and shall cease to exist upon February 28, 2014.

43-36-102. [Repealed.]

Acts 1999, ch. 175, § 3; repealed by Acts 2014, ch. 503, § 2, effective February 28, 2014.

Compiler's Notes. Former title 43, ch. 36, §§ 43-36-10143-36-110, concerned the Tennessee tobacco farmers certifying board.

Acts 2014, ch. 503, § 3 provided that notwithstanding § 4-29-112 or any other law to the contrary, the Tennessee tobacco farmers certifying board, created by § 43-36-102, shall terminate and shall cease to exist upon February 28, 2014.

43-36-103. [Repealed.]

Acts 1999, ch. 175, § 4; repealed by Acts 2014, ch. 503, § 2, effective February 28, 2014.

Compiler's Notes. Former title 43, ch. 36, §§ 43-36-10143-36-110, concerned the Tennessee tobacco farmers certifying board.

Acts 2014, ch. 503, § 3 provided that notwithstanding § 4-29-112 or any other law to the contrary, the Tennessee tobacco farmers certifying board, created by § 43-36-102, shall terminate and shall cease to exist upon February 28, 2014.

43-36-104. [Repealed.]

Acts 1999, ch. 175, § 5; repealed by Acts 2014, ch. 503, § 2, effective February 28, 2014.

Compiler's Notes. Former title 43, ch. 36, §§ 43-36-10143-36-110, concerned the Tennessee tobacco farmers certifying board.

Acts 2014, ch. 503, § 3 provided that notwithstanding § 4-29-112 or any other law to the contrary, the Tennessee tobacco farmers certifying board, created by § 43-36-102, shall terminate and shall cease to exist upon February 28, 2014.

43-36-105. [Repealed.]

Acts 1999, ch. 175, § 6; repealed by Acts 2014, ch. 503, § 2, effective February 28, 2014.

Compiler's Notes. Former title 43, ch. 36, §§ 43-36-10143-36-110, concerned the Tennessee tobacco farmers certifying board.

Acts 2014, ch. 503, § 3 provided that notwithstanding § 4-29-112 or any other law to the contrary, the Tennessee tobacco farmers certifying board, created by § 43-36-102, shall terminate and shall cease to exist upon February 28, 2014.

43-36-106. [Repealed.]

Acts 1999, ch. 175, § 7; repealed by Acts 2014, ch. 503, § 2, effective February 28, 2014.

Compiler's Notes. Former title 43, ch. 36, §§ 43-36-10143-36-110, concerned the Tennessee tobacco farmers certifying board.

Acts 2014, ch. 503, § 3 provided that notwithstanding § 4-29-112 or any other law to the contrary, the Tennessee tobacco farmers certifying board, created by § 43-36-102, shall terminate and shall cease to exist upon February 28, 2014.

43-36-107. [Repealed.]

Acts 1999, ch. 175, § 8; repealed by Acts 2014, ch. 503, § 2, effective February 28, 2014.

Compiler's Notes. Former title 43, ch. 36, §§ 43-36-10143-36-110, concerned the Tennessee tobacco farmers certifying board.

Acts 2014, ch. 503, § 3 provided that notwithstanding § 4-29-112 or any other law to the contrary, the Tennessee tobacco farmers certifying board, created by § 43-36-102, shall terminate and shall cease to exist upon February 28, 2014.

43-36-108. [Repealed.]

Acts 1999, ch. 175, § 9; repealed by Acts 2014, ch. 503, § 2, effective February 28, 2014.

Compiler's Notes. Former title 43, ch. 36, §§ 43-36-10143-36-110, concerned the Tennessee tobacco farmers certifying board.

Acts 2014, ch. 503, § 3 provided that notwithstanding § 4-29-112 or any other law to the contrary, the Tennessee tobacco farmers certifying board, created by § 43-36-102, shall terminate and shall cease to exist upon February 28, 2014.

43-36-109. [Repealed.]

Acts 1999, ch. 175, § 10; repealed by Acts 2014, ch. 503, § 2, effective February 28, 2014.

Compiler's Notes. Former title 43, ch. 36, §§ 43-36-10143-36-110, concerned the Tennessee tobacco farmers certifying board.

Acts 2014, ch. 503, § 3 provided that notwithstanding § 4-29-112 or any other law to the contrary, the Tennessee tobacco farmers certifying board, created by § 43-36-102, shall terminate and shall cease to exist upon February 28, 2014.

43-36-110. [Repealed.]

Acts 1999, ch. 175, § 11; repealed by Acts 2014, ch. 503, § 2, effective February 28, 2014.

Compiler's Notes. Former title 43, ch. 36, §§ 43-36-10143-36-110, concerned the Tennessee tobacco farmers certifying board.

Acts 2014, ch. 503, § 3 provided that notwithstanding § 4-29-112 or any other law to the contrary, the Tennessee tobacco farmers certifying board, created by § 43-36-102, shall terminate and shall cease to exist upon February 28, 2014.

Chapter 37
Biobased Products for Farmers and Rural Development

43-37-101. Short title.

This act shall be known and may be cited as the “Biobased Products for Farmers and Rural Development Act of 2000.”

Acts 2000, ch. 838, § 2.

Cross-References. Biofuels and the impleme