Part 1
General Provisions

44-4-101, 44-4-102. [Transferred.]

Compiler's Notes. Former chapter 4, §§ 44-4-101, 44-4-102, concerning serums, was transferred to ch. 2, part 3 of this title in 1987.

44-5-101 — 44-5-108. [Transferred.]

Compiler's Notes. Former chapter 5, §§ 44-5-101 — 44-5-108, concerning animal feeding, was transferred to ch. 2, part 4 of this title in 1987.

44-6-101. Short title.

This chapter shall be known and may be cited as the “Tennessee Commercial Feed Law of 1972.”

Acts 1972, ch. 488, § 1; T.C.A., § 44-1118.

Cross-References. Commercial feed lot proprietors' and operators' lien, § 66-20-106.

Exemption of livestock and poultry feeds from sales and use taxes, § 67-6-329.

Comparative Legislation. Commercial feed:

Ala.  Code § 2-21-16 et seq.

Ark.  Code § 2-37-101 et seq.

Ga. O.C.G.A. § 2-13-1 et seq.

Ky. Rev. Stat. Ann. § 250.491 et seq.

Miss.  Code Ann. § 75-45-151 et seq.

Mo. Rev. Stat. § 266.152 et seq.

N.C. Gen. Stat. § 106-284.30 et seq.

Va.  Code § 3.1-828.1 et seq.

Collateral References. 3 Am. Jur. 2d Agriculture § 56 et seq.

Agriculture 2.

44-6-102. Administration by commissioner of agriculture.

This chapter shall be administered by the commissioner of agriculture.

Acts 1972, ch. 488, § 2; T.C.A., § 44-1119.

44-6-103. Chapter definitions.

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

1. “Brand name” means any word, name, symbol, or device, or any combination thereof, identifying the commercial feed of a distributor or registrant and distinguishing it from that of others;
2. “Commercial feed” means all materials except unmixed seed, whole and unprocessed, when not adulterated within the meaning of this chapter, that are offered for sale as feed or mixing for feed; provided, that the commissioner by regulation may exempt from this definition, or from specific provisions of this chapter, commodities such as hay, straw, stover, silage, cobs, husks, hulls, hemp, as defined in § 43-27-101, and individual compounds or substances, when those commodities, compounds, or substances are not intermixed or mixed with other materials and, except for hemp, are not adulterated within the meaning of this chapter;
3. “Commercial feed facility” or “licensed commercial feed facility” means a facility that manufactures or distributes commercial feed in this state and that is subject to licensure pursuant to this chapter;
4. “Commissioner” means the commissioner of agriculture, or the commissioner's authorized agent;
5. “Contract feeder” means a person who, as an independent contractor, feeds commercial feed to animals pursuant to a contract, whereby the commercial feed is supplied, furnished, or otherwise provided to the person and whereby the person's remuneration is determined all or in part by feed, consumption, mortality, profits, or amount or quality of product;
6. “Customer-formula feed” means commercial feed that consists of a mixture of two (2) or more commercial feeds or a mixture of one (1) or more commercial feeds and one (1) or more feed ingredients or a mixture of two (2) or more feed ingredients, each batch of which is manufactured according to the specific instructions of the final purchaser;
7. “Distribute” means to offer for sale, sell, exchange, or barter commercial feed or customer-formula feed;
8. “Distributor” means any person who distributes;
9. “Drug” means any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than humans, and articles other than feed intended to affect the structure or function of any part of the animal body;
10. “Feed ingredient” means each of the constituent materials making up a commercial feed;
11. [Deleted by 2019 amendment.]
12. “Label” means a display of written, printed, or graphic matter upon or affixed to the container in which a commercial feed is distributed, or on the invoice or delivery slip with which a commercial feed is distributed;
13. “Labeling” means all labels and other written, printed, or graphic matter:
    1. Upon commercial feed or any of its containers or wrapper; or
    2. Accompanying commercial feed;
14. “Manufacture” means to grind, mix or blend, or further process a commercial feed for distribution;
15. “Mineral feed” means a commercial feed intended to supply primarily mineral elements or inorganic nutrients;
16. “Official sample” means a sample of feed taken by the commissioner or the commissioner's agent in accordance with § 44-6-111(c), (e) or (f);
17. “Percent” or “percentage” means percentage by weight;
18. “Person” includes individual, partnership, corporation, association, or other legal entity;
19. “Pet” means any domesticated animal normally maintained in or near the household of its owner;
20. “Pet food” means any commercial feed prepared and distributed for consumption by pets;
21. “Product name” means the name of the commercial feed that identifies it as to kind, class, or specific use;
22. “Quantity statement” means the net weight (mass), net volume (liquid or dry) or count;
23. “Specialty pet” means any domesticated animal pet normally maintained in a cage or tank, such as, but not limited to, gerbils, hamsters, canaries, psittacines, birds, mynahs, finches, tropical fish, goldfish, snakes and turtles;
24. “Specialty pet food” means any commercial feed prepared and distributed for consumption by specialty pets; and
25. “Ton” means a net weight of two thousand pounds (2,000 lbs.) avoirdupois.

Acts 1972, ch. 488, § 3; T.C.A., § 44-1120; Acts 1997, ch. 55, §§ 1, 9-11; 2018, ch. 673, §§ 1, 2; 2019, ch. 87, §§ 9, 10.

Amendments. The 2018 amendment, in the definition of “commercial feed”, inserted “, industrial hemps,” and substituted “with other materials and, except for industrial hemp,” for “with other materials, and”; and added the definition of “industrial hemp”.

The 2019 amendment, in the definition of “commercial feed”, substituted “hemp, as defined in § 43-27-101” for “industrial hemps”, and substituted “except for hemp” for “except for industrial hemp”; and deleted the former definition of “industrial hemp” which read: “ ‘Industrial hemp’ has the same meaning as defined in § 43-26-102;”.

Effective Dates. Acts 2018, ch. 673, § 3. April 12, 2018.

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

44-6-104. License requirement — Application — Fees — Refusal of license — Hearing.

1. Any person who manufactures a commercial feed within the state, who distributes a commercial feed in or into the state, or whose name appears on the label of a commercial feed as guarantor shall obtain a license for each facility from which commercial feed is distributed in or into the state, authorizing the person to manufacture or distribute commercial feed before engaging in the activity. Any person who makes only retail sales of commercial feed that bears labeling or other approved indication that the commercial feed is from a licensed manufacturer, guarantor, or distributor is not required to obtain a license.
2. Any person who is required to obtain a license shall submit an application on a form provided by or approved by the commissioner, accompanied by payment in the amount set by rule pursuant to § 43-1-703 for each facility. Each license shall expire on July 1 of the year for which it is issued.
3. The form and content of the commercial feed license application shall be established by rules promulgated by the commissioner.
4. The commissioner is empowered to refuse to issue a license to any person not in compliance with this chapter and to cancel the license of any licensee subsequently found not to be in compliance with any provision of this chapter; provided, that no license shall be refused or canceled unless the applicant or licensee has been given an opportunity to be heard before the commissioner and to amend the applicant's or licensee's application in order to comply with the requirements of this chapter.

Acts 1972, ch. 488, § 4; T.C.A., § 44-1121; Acts 1997, ch. 55, § 2; 2015, ch. 485, § 16.

Amendments. The 2015 amendment rewrote the section, which read: “(a) Any person:“(1) Who manufactures a commercial feed within the state; or“(2) Who distributes a commercial feed in or into the state; or“(3) Whose name appears on the label of a commercial feed as guarantor“shall obtain a license for each facility from which commercial feed is distributed in or into the state authorizing the person to manufacture or distribute commercial feed before engaging in such activity. Any person who makes only retail sales of commercial feed that bears labeling or other approved indication that the commercial feed is from a licensed manufacturer, guarantor, or distributor who has assumed full responsibility for the tonnage inspection fee due under this chapter is not required to obtain a license.“(b) Any person who is required to obtain a license shall submit an application on a form provided or approved by the commissioner, accompanied by a license fee of fifty dollars ($50.00) per facility to be paid to the commissioner. The license fee shall be applied to any inspection fees imposed pursuant to § 44-6-109. The license year shall be the calendar year. Each license shall expire on December 31 of the year for which it is issued; provided, that any license shall be valid through February of the next ensuing year or until the issuance of the renewal license, whichever event first occurs, if the holder thereof has filed a renewal application with the commissioner on or before December 31 of the year for which the current license was issued. Any new applicant who fails to obtain a license within fifteen (15) working days of notification of the requirement to obtain a license, or any licensee who fails to comply with license renewal requirements, shall pay a twenty-five dollar ($25.00) late fee in addition to the license fee.“(c) The form and content of the commercial feed license application shall be established by rules promulgated by the commissioner.“(d) The commissioner may request from a license applicant or licensee, at any time, copies of labels and labeling in order to determine compliance with this section.“(e) The commissioner is empowered to refuse to issue a license to any person not in compliance with this chapter and to cancel the license of any licensee subsequently found not to be in compliance with any provisions of this chapter; provided, that no license shall be refused or cancelled unless the applicant or licensee has been given an opportunity to be heard before the commissioner and to amend the applicant's or licensee's application in order to comply with the requirements of this chapter.”

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

44-6-105. Labeling.

A commercial feed shall be labeled as follows:

1. In case of a commercial feed, except a customer-formula feed, it shall be accompanied by a label bearing the following information:
   1. The quantity statement;
   2. The product name and the brand name, if any, under which the commercial feed is distributed;
   3. The guaranteed analysis stated in such terms, as the commissioner by regulation determines, is required to advise the user of the composition of the feed or to support claims made in the labeling. In all cases the substances or elements must be determinable by laboratory methods published by the AOAC International, or other methods approved by regulation;
   4. The common or usual name of each ingredient used in the manufacture of the commercial feed; provided, that the commissioner by regulation may permit the use of a collective term for a group of ingredients that perform a similar function, or the commissioner may exempt commercial feeds, or any group thereof, from this requirement of an ingredient statement if the commissioner finds that this statement is not required in the interest of consumers;
   5. The name and principal mailing address of the manufacturer or the person responsible for distributing the commercial feed;
   6. For those commercial feeds containing drugs, and for such other feeds as the commissioner may require by regulation, adequate directions for their safe and effective use; and
   7. Such precautionary statements as the commissioner by regulation determines are necessary for the safe and effective use of the commercial feed; and
2. In the case of a customer-formula feed, it shall be accompanied by a label, invoice, delivery slip, or other shipping document, bearing the following information:
   1. Name and address of the manufacturer;
   2. Name and address of the purchaser;
   3. Date of delivery;
   4. The product name and brand name, if any, and the net weight of each registered commercial feed used in the mixture, and the net weight of each other ingredient used;
   5. For those customer-formula feeds containing drugs, and for such other feeds as the commissioner may require by regulation, adequate directions for their safe and effective use; and
   6. Such precautionary statements as the commissioner by regulation determines are necessary for the safe and effective use of the customer-formula feed.

Acts 1972, ch. 488, § 5; T.C.A., § 44-1122; Acts 1997, ch. 55, §§ 3, 4.

44-6-106. Misbranding.

A commercial feed shall be deemed to be misbranded if:

1. Its labeling is false or misleading in any particular;
2. It is distributed under the name of another commercial feed;
3. It is not labeled as required in § 44-6-105;
4. It purports to be or is represented as a commercial feed, or if it purports to contain or is represented as containing a commercial feed ingredient, unless the commercial feed or feed ingredient conforms to the definition, if any, prescribed by regulation by the commissioner; or
5. Any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.

Acts 1972, ch. 488, § 6; T.C.A., § 44-1123.

44-6-107. Adulteration.

A commercial feed shall be deemed to be adulterated if:

1. 1. It bears or contains any poisonous or deleterious substance that may render it injurious to health; but in case the substance is not an added substance, the commercial feed shall not be considered adulterated under this subdivision (1)(A), if the quantity of the substance in the commercial feed does not ordinarily render it injurious to health;
   2. It bears or contains any added poisonous, added deleterious, or added nonnutritive substance that is unsafe within the meaning of § 406 of the federal Food, Drug, and Cosmetic Act, other than one that is:
      1. A pesticide chemical in or on a raw agricultural commodity; or
      2. A food additive;
   3. It is, or it bears or contains any food additive that is unsafe within the meaning of § 409 of the federal Food, Drug, and Cosmetic Act;
   4. It is a raw agricultural commodity and it bears or contains a pesticide chemical that is unsafe within the meaning of § 408(a) of the federal Food, Drug, and Cosmetic Act; provided, that where a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or a tolerance prescribed under § 408 of the federal Food, Drug, and Cosmetic Act, and the raw agricultural commodity has been subjected to processing, such as canning, cooking, freezing, dehydrating, or milling, the residue of the pesticide chemical remaining in or on the processed feed shall not be deemed unsafe if the residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice and the concentration of the residue in the processed feed is not greater than the tolerance prescribed for the raw agricultural commodity, unless the feeding of such processed feed will result or is likely to result in a pesticide residue in the edible product of the animal that is unsafe within the meaning of § 408(a) of the federal Food, Drug, and Cosmetic Act;
   5. It is, or it bears or contains any color additive that is unsafe within the meaning of § 706 of the federal Food, Drug, and Cosmetic Act;
   6. It is, or it bears or contains any new animal drug that is unsafe within the meaning of § 512 of the federal Food, Drug & Cosmetic Act;
   7. It consists in whole or in part of any filthy, putrid or decomposed substance, or if it is otherwise unfit for feed;
   8. It has been prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health;
   9. It is, in whole or in part, the product of a diseased animal or of an animal that has died otherwise than by slaughter that is unsafe within the meaning of § 402 (a)(1) or (2) of the federal Food, Drug, and Cosmetic Act;
   10. Its container is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health; or
   11. It has been intentionally subjected to radiation, unless the use of the radiation was in conformity with the regulations or exemptions in effect pursuant to § 409 of the federal Food, Drug, and Cosmetic Act;
2. Any valuable constituent has been in whole or in part omitted or abstracted therefrom or any less valuable substance substituted therefor;
3. Its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling;
4. It contains a drug and the methods used in or the facilities or controls used for its manufacture, processing, or packaging do not conform to current good manufacturing practice regulations promulgated by the commissioner to assure that the drug meets the requirements of this chapter as to safety and has the identity and strength and meets the quality and purity characteristics that it purports or is represented to possess. In promulgating such regulations, the commissioner shall adopt the current good manufacturing practice regulations for Type A Medicated Articles and Type B and Type C Medicated Feeds established under authority of the federal Food, Drug, and Cosmetic Act, unless the commissioner determines that they are not appropriate to the conditions that exist in this state; or
5. It contains viable weed seeds in amounts exceeding the limits that the commissioner establishes by rule or regulation.

Acts 1972, ch. 488, § 7; T.C.A., § 44-1124; Acts 1997, ch. 55, §§ 5, 6.

Compiler's Notes. The federal Food, Drug, and Cosmetic Act, referred to in this section, is codified in 21 U.S.C. §§ 301-392. Sections 402, 406, 408, 409 and 512 of that act are codified at 21 U.S.C. §§ 342, 346, 346a, 348 and 360b, respectively; former § 706 of that act was redesignated as § 721 of the act in 1992 and is now codified at 21 U.S.C. § 379e.

44-6-108. Prohibited acts.

The following acts and the causing of the following acts within this state are prohibited:

1. The manufacture or distribution of any commercial feed that is adulterated or misbranded;
2. The adulteration or misbranding of any commercial feed;
3. The distribution of agricultural commodities, such as whole seed, hay, straw, stover, silage, cobs, husks, and hulls, that are adulterated within the meaning of § 44-6-107(1);
4. The removal or disposal of a commercial feed in violation of an order under § 44-6-112;
5. The failure or refusal to register in accordance with § 44-6-104; and
6. Failure to pay inspection fees and file reports as required by former § 44-6-109 [repealed].

Acts 1972, ch. 488, § 8; T.C.A., § 44-1125.

Compiler's Notes. Section 44-6-109, referred to in (6), was repealed by Acts 2015, ch. 485, § 17, effective July 1, 2015.

44-6-109. [Repealed.]

Acts 1972, ch. 488, § 9; T.C.A., § 44-1126; Acts 1980, ch. 538, § 1; 1997, ch. 55, § 7; 2008, ch. 787, § 1; repealed by Acts 2015, ch. 485, § 17, effective July 1, 2015.

Compiler's Note. Former § 44-6-109 concerned inspection fees; condition for license; reports.

44-6-110. Rules and regulations.

The commissioner is authorized to promulgate such rules and regulations for commercial feeds and pet foods as are specifically authorized in this chapter, and such other reasonable rules and regulations as may be necessary for the efficient enforcement of this chapter. In the interest of uniformity, the commissioner shall by regulation adopt, unless the commissioner determines that they are inconsistent with this chapter or are not appropriate to conditions that exist in this state, the following:

1. The official definitions of feed ingredients and official feed terms adopted by the Association of American Feed Control Officials and published in the official publication of that organization; and
2. Any regulation promulgated pursuant to the authority of the federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et seq.).

Acts 1972, ch. 488, § 10; T.C.A., § 44-1127.

44-6-111. Inspection — Sampling — Analysis.

1. For the purpose of enforcement of this chapter, and in order to determine whether its provisions have been complied with, including whether or not any operations may be subject to the provisions, officers or employees duly designated by the commissioner, upon presenting appropriate credentials, are authorized to:
   1. Enter, during normal business hours, any factory, warehouse, or establishment within the state in which commercial feeds are manufactured, processed, packed, or held for distribution, or to enter any vehicle being used to transport or hold commercial feeds; and
   2. 1. Inspect at reasonable times and within reasonable limits and in a reasonable manner, such a factory, warehouse, establishment, or vehicle, and all pertinent equipment, finished and unfinished materials, containers, and labeling therein.
      2. The inspection may include the verification of only such records and production and control procedures as may be necessary to determine compliance with the good manufacturing practice regulations established under § 44-6-107(4).
2. A separate notice shall be given for each such inspection, but a notice shall not be required for each entry made during the period covered by the inspection. Each such inspection shall be commenced and completed with reasonable promptness. Upon completion of the inspection, the person in charge of the facility or vehicle shall be so notified.
3. If the officer or employee making such an inspection of a factory, warehouse, or other establishment has obtained a sample in the course of the inspection, upon completion of the inspection and prior to leaving the premises, the officer or employee shall give to the owner, operator, or agent in charge a receipt describing the samples obtained.
4. If the owner of any factory, warehouse, or establishment described in subsection (a), or the owner's agent, refuses to admit the commissioner, or the commissioner's agent, to inspect in accordance with subsections (a) and (b), the commissioner is authorized to obtain from any state court a court order directing the owner or the owner's agent to submit the premises described in the warrant to inspection.
5. For the purpose of the enforcement of this chapter, the commissioner or the commissioner's duly designated agent is authorized to enter upon any public or private premises, including any vehicle of transport, during regular business hours to have access to, to obtain samples of, and to examine records relating to distribution of, commercial feeds.
6. Sampling and analysis shall be conducted in accordance with methods published by the AOAC International, or in accordance with other generally recognized methods.
7. The results of all analyses of official samples shall be forwarded by the commissioner to the person named on the label. When the inspection and analysis of an official sample indicate a commercial feed has been adulterated or misbranded, the commissioner shall furnish to the registrant a portion of the sample concerned if the registrant requests it within thirty (30) days of notification.
8. The commissioner, in determining for administrative purposes whether a commercial feed is deficient in any component, shall be guided by the official sample as defined in § 44-6-103 and obtained and analyzed as provided for in subsections (c), (e), and (f).

Acts 1972, ch. 488, § 11; T.C.A., § 44-1128; Acts 1997, ch. 55, § 8.

44-6-112. Withdrawal, condemnation and confiscation orders.

1. When the commissioner or the commissioner's authorized agent has reasonable cause to believe any lot of commercial feed is being distributed in violation of any of the provisions of this chapter or of any of the prescribed regulations under this chapter, the commissioner or the commissioner's agent may issue and enforce a written or printed “withdrawal from distribution” order, warning the distributor not to dispose of the lot of commercial feed in any manner until written permission is given by the commissioner or the court. The commissioner shall release the lot of commercial feed so withdrawn when the provisions and regulations have been complied with. If compliance is not obtained within thirty (30) days, the commissioner may begin, or upon request of the distributor or registrant shall begin, proceedings for condemnation.
2. Any lot of commercial feed not in compliance with any of the provisions of this chapter or of any of the prescribed regulations under this chapter shall be subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the area in which the commercial feed is located. In the event the court finds the commercial feed to be in violation of this chapter and orders the condemnation of the commercial feed, it shall be disposed of in any manner consistent with the quality of the commercial feed and the laws of the state; provided, that in no instance shall the disposition of the commercial feed be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the commercial feed or for permission to process or relabel the commercial feed to bring it into compliance with this chapter.

Acts 1972, ch. 488, § 12; T.C.A., § 44-1129.

44-6-113. Violation a misdemeanor — Penalties — Construction — Injunction — Judicial review.

1. Any person convicted of violating any of the provisions of this chapter or who impedes, hinders or otherwise prevents, or attempts to prevent, the commissioner or the commissioner's duly authorized agent in performance of that official's duty in connection with this chapter commits a Class C misdemeanor. In all prosecutions under this chapter involving the composition of a lot of commercial feed, a certified copy of the official analysis signed by the commissioner or the commissioner's authorized agent shall be accepted as prima facie evidence of the composition.
2. Nothing in this chapter shall be construed as requiring the commissioner or the commissioner's representative to:
   1. Report for prosecution;
   2. Institute seizure proceedings; or
   3. Issue a withdrawal from distribution order,

      as a result of minor violations of this chapter, or when that official believes the public interest will best be served by suitable notice of warning in writing.

3. The commissioner is authorized to apply for, and the court to grant, a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rule or regulation promulgated under this chapter, notwithstanding the existence of other remedies at law. The injunction is to be issued without bond.
4. Any person adversely affected by an act, order or ruling made pursuant to this chapter may within forty-five (45) days thereafter bring action in the chancery court of Davidson County, or the chancery court in the county of the residence or principal place of business of the party adversely affected, for judicial review of the act, order or ruling. The form of the proceeding shall be any that may be provided by statutes of this state to review decisions of administrative agencies, or in the absence or inadequacy thereof, any applicable form of legal action, including actions for declaratory judgments or writs of prohibitory or mandatory injunctions.

Acts 1972, ch. 488, § 13; T.C.A., § 44-1130; Acts 1989, ch. 591, § 113.

Compiler's Notes. Subsection (d) of this section is superseded by § 4-5-322(b) to the extent of any conflict or inconsistency between this subsection and § 4-5-322(b). See § 4-5-103.

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

44-6-114. Cooperation with other entities.

The commissioner may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the federal government, and private associations in order to carry out the purpose and provisions of this chapter.

Acts 1972, ch. 488, § 14; T.C.A., § 44-1131.

44-6-115. Publications.

The commissioner shall publish at least annually, in such forms as the commissioner may deem proper, information concerning the sales of commercial feeds, together with such data on their production and use as the commissioner may consider advisable, and a report of the results of the analyses of official samples of commercial feeds sold within the state as compared with the analyses guaranteed in the registration and on the label; provided, that the information concerning production and use of commercial feed shall not disclose the operations of any single person or company.

Acts 1972, ch. 488, § 15; T.C.A., § 44-1132.

Part 1
General Provisions

Part 1
General Provisions

Part 1
General Provisions [Transferred]

Part 1
General Provisions [Repealed]

44-11-101. Chapter definitions.

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

1. “Alternative livestock” means non-traditional livestock that are hoofed and captive-farmed for purposes of agricultural or recreational use, as defined by § 70-4-403(3);
2. “Breed association” means a bona fide livestock breed association which conducts sales of livestock breeds recognized by the department in which such association assumes responsibility for conducting the sales, assumes title to any livestock sold, and accrues a majority of profits from the sales;
3. “Commissioner” means the commissioner of agriculture;
4. “Consignor” means any person consigning, shipping, or delivering livestock to a livestock market for sale, resale, or exchange;
5. “Department” means the department of agriculture;
6. “Livestock” means cattle, calves, horses, mules, poultry, swine, sheep, goats, and alternative livestock;
7. “Livestock market” means any location where livestock is assembled and sold at public auction, on a commission basis, or otherwise for the compensation of the owner or operator, during regularly scheduled or special sales;
8. “Livestock producer” means any person who sells only livestock such person has raised or such person has owned and had in possession for a minimum of sixty (60) days;
9. “Operator” means any person conducting business as a livestock market;
10. “Person” means any person, firm, or corporation; and
11. “Representative” means an employee or designee of the commissioner.

Acts 1957, ch. 208, § 1; T.C.A., § 44-2301; Acts 2010, ch. 717, § 6.

Amendments. The 2010 amendment added the definitions for “alternative livestock”, “breed association”, “livestock market”, and “livestock producer”; deleted the definitions for “community sale” and “official vaccinate” which read: “ ‘Community sale’ means any sale or exchange of livestock held by any person at an established place of business or premises where the livestock is assembled for sale or exchange and is sold or exchanged at auction, or upon a commission basis, or at a private sale, at regular or irregular intervals but more frequently than three (3) times a year; provided, that ‘community sale’ does not apply to established public stockyards whose federal veterinary inspection is maintained, or to farm or purebred livestock sales;“‘Official vaccinate’ means a bovine animal vaccinated against brucellosis from four (4) through eight (8) months of age, under the supervision of a federal or state veterinary official, with a vaccine approved by the commissioner, permanently identified as such a vaccinate, and reported at the time of vaccination to the appropriate state or federal agency cooperating in the eradication of brucellosis;”; substituted “livestock market” for “community sale” in the definition of “consignor”; rewrote the definition of “livestock” which read: “‘Livestock’ means cattle, swine, sheep, goats, horses, mules, and poultry;”; rewrote the definition of “operator” which read: “‘Operator’ means any person holding, conducting or carrying on a community sale;”; and inserted “or designee” in the definition of “representative”.

Effective Dates. Acts 2010, ch. 717, § 21. June 30, 2010.

Cross-References. Public livestock market charters, title 44, ch. 12.

Purchasers of livestock, licensing, title 44, ch. 10.

Comparative Legislation. Livestock sales:

Ala.  Code § 2-15-40 et seq.

Ga. O.C.G.A. § 4-6-1 et seq.

Ky.  Rev. Stat. Ann. § 261.375 et seq.

Mo. Rev. Stat. § 277.010 et seq.

N.C. Gen. Stat. § 106-406 et seq.

Va. Code § 3.1-692 et seq.

Collateral References. Trade Regulation 872.

44-11-102. License required — Application.

1. No person shall conduct the business of a livestock market without a valid license from the department.
   1. The application for a license shall be on forms prescribed and furnished by the department, and shall include:
      1. The name, address and phone number of the livestock market operator;
      2. The location and description of the establishment or property where the livestock market is to be conducted;
      3. A report of the types and volume of livestock to be handled, sold or exchanged;
      4. A copy of property and fire insurance for the livestock market;
      5. Proof the applicant has met the bonding requirements of 9 C.F.R. 201, et seq.; and
      6. Such other information as the commissioner may require.
   2. All applications shall be accompanied by the license fee required by § 44-11-104.
2. This chapter shall not be construed to include as a livestock market the following:
   1. Any operation where Future Farmers, 4-H Club groups, or fairs conduct sales of livestock; or
   2. Any livestock producer or breed association as defined by § 44-11-101.

Acts 1957, ch. 208, § 2; T.C.A., § 44-2302; Acts 2010, ch. 717, § 7.

Amendments. The 2010 amendment rewrote this section which read: “(a)  No person shall hold, operate, conduct, or carry on a community sale in this state without first securing a license therefor from the department.“(b)  The application for a license shall be on forms prescribed and furnished by the department, and shall set forth:“(1)  The name and address of the community sale yard and the name of the operator of the yard;“(2)  The location of the establishment or premises where the community sale is to be conducted;“(3)  The types or kinds of livestock to be handled, sold or exchanged;“(4)  A description of the facilities to be used in conducting the community sales; and“(5)  Such other information as the department may require.“(c)  All applications shall be accompanied by a bond and the fee required by §§ 44-11-103 and 44-11-104.”

Effective Dates. Acts 2010, ch. 717, § 21. June 30, 2010.

44-11-103. Local regulation or prohibition of exhibition of livestock restricted.

1. As used in this section:
   1. “Exhibition of livestock” means a show or sale of livestock at a fair or elsewhere that is sponsored by or under the control of a county or independent agricultural society, school, university, breed association, fair association, or similar organization; and
   2. “Local governing body” means the legislative body of a city, municipality, county, or other political subdivision of this state.
2. No local governing body shall adopt or continue in effect any ordinance, resolution, rule, regulation, or other enactment regulating or prohibiting the exhibition of livestock in this state.
3. Subsection (b) does not apply to any ordinance, resolution, rule, regulation, or other enactment regarding the exhibition of livestock in this state, when such enactment is otherwise authorized by state law or is related to reasonable restrictions regarding time, place, and manner consistent with other similar events or the protection of public health, safety, or welfare.

Acts 2020, ch. 742, § 1.

Compiler's Notes. Former § 44-11-103 (Acts 1957, ch. 208, § 3; 1961, ch. 65, § 1; T.C.A., § 44-2303), concerning filing a bond when applying for a license to operate and conduct a community livestock sale, was repealed by Acts 2010, ch. 717, § 8, effective June 30, 2010.

Effective Dates. Acts 2020, ch. 742, § 2. June 22, 2020.

44-11-104. Issuance of license — Fee.

1. The annual license fee to operate a livestock market shall be set by rule pursuant to § 43-1-703.
2. Upon receipt of an application for a license under this section, accompanied by the required bond and license fee, the department shall examine the application and if it finds the application to be in proper form and that the applicant has otherwise complied with this chapter, the department shall grant the license as applied for, subject to this chapter.

Acts 1957, ch. 208, § 4; T.C.A., § 44-2304; Acts 2010, ch. 717, § 9; 2015, ch. 485, § 22.

Amendments. The 2010 amendment substituted “livestock market” for “community sale” in (a).

The 2015 amendment rewrote (a) which read, “The fee for a license to operate a livestock market shall be one hundred dollars ($100) per annum.”

Effective Dates. Acts 2010, ch. 717, § 21. June 30, 2010.

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

44-11-105. Form of licenses — Display — Renewal.

1. A separate license shall be required for each establishment or premises where a livestock market is operated or conducted. The original, or a certified copy of the license hereunder, shall be conspicuously displayed by the licensee in the sale ring or some other like prominent place in the establishment or premises licensed.
2. Licenses shall expire on June 30 of each year and shall be renewed annually upon like application and procedure as in the case of the original license.

Acts 1957, ch. 208, § 5; T.C.A., § 44-2305; Acts 2010, ch. 717, § 10.

Amendments. The 2010 amendment rewrote this section which read: “(a)  Licenses shall be in such form as the department may prescribe, and shall be under the seal of the department, and shall set forth:“(1)  The name and address of the community sale yard, and the name of the operator of the yard;“(2)  The location of the establishment or premises licensed;“(3)  The kinds of livestock to be sold, exchanged, or handled;“(4)  The period of the license; and“(5)  Such other information as the department may determine.“(b)  A separate license shall be required for each establishment or premises where a community sale is operated or conducted. The original, or a certified copy of the license hereunder, shall be conspicuously displayed by the licensee in the sale ring or some other like prominent place in the establishment or premises licensed.“(c)  Licenses shall be renewed annually upon like application and procedure as in the case of the original license.”

Effective Dates. Acts 2010, ch. 717, § 21. June 30, 2010.

44-11-106. Refusal to grant or renew license — Suspension or revocation — Grounds — Notice and hearing — Review.

1. The commissioner may decline to grant or to renew a license, or may suspend or revoke a license upon the following grounds:
   1. The licensee has violated any provision of this chapter or any rule, order, or regulation issued under this chapter;
   2. The licensee has knowingly received on consignment or sold or exchanged stolen livestock or mortgaged livestock without authority from the owner or mortgagee;
   3. The licensee has been guilty of misrepresentation, deception, or fraud in any material particular in securing the license;
   4. The licensee has failed to keep records as required by this chapter;
   5. The licensee has failed to practice measures of sanitation and has failed to provide for the adequate yarding, housing, holding, and feeding of livestock;
   6. The licensee, in the case of livestock weighed on the licensee's scales and sold by weight, has knowingly quoted incorrect weights or has failed to have the scales regularly inspected and tested;
   7. [Deleted by 2010 amendment.]
   8. The licensee has engaged in any illegal activity on the premises where the community sale is located, the business violates the zoning regulations of any county, municipal, or regional planning commission, or the licensee has failed to comply with such rules and regulations as have been duly adopted in accordance with this chapter;
   9. The licensee has failed to comply with the Beef Promotion and Research Act of 1985, compiled in 7 U.S.C. §§ 2901-2911, or the Agriculture Commodities Promotion Act, compiled in § 43-29-101 et seq.;
   10. The licensee has failed to make payment after a sale or has made payment with insufficient funds to consigners for livestock sold through the market; or
   11. The licensee has been determined to be insolvent by the commissioner.
2. When any of the foregoing have not been fully complied with, or if there has been a violation of this chapter, the commissioner may give notice to the applicant for a license, or a holder of a license, that the commissioner will conduct a hearing for the purpose of determining whether the commissioner should decline to grant, renew, or suspend or revoke a license pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. The findings of the commissioner shall be final, and may be reviewed in the chancery court of Davidson County, by the common law writ of certiorari. When zoning is the question involved, the commissioner shall notify the applicant or holder of the license of the violation, and the applicant or holder shall then have only the rights granted in the zoning ordinance or regulation relative to a hearing and appeal, and shall prosecute the application for a hearing and appeal solely under the particular local zoning ordinance or regulation.

Acts 1957, ch. 208, § 7; T.C.A., § 44-2306; Acts 2010, ch. 717, §§ 11, 12.

Compiler's Notes. The next to last sentence of subsection (b) of this section is superseded by § 4-5-322(b) to the extent of any conflict or inconsistency between that sentence and the provisions of § 4-5-322(b). See § 4-5-103(b).

Amendments. The 2010 amendment, in (a), deleted (7) which read: “The licensee has failed to post a bond or give other security as required herein; or”, added (9)-(11); and, in (b), added “pursuant to the Uniform Administrative Procedures Act compiled in title 4, chapter 5, part 3.” to the end of the first sentence, and deleted the former second and third sentences which read: “No hearing shall be held without giving the applicant or the holder of a license at least ten (10) days' written notice thereof. The hearings shall be conducted at the time and place designated by the commissioner, and the applicant or the holder of a license shall be entitled to be represented by counsel at such hearings.”

Effective Dates. Acts 2010, ch. 717, § 21. June 30, 2010.

44-11-107. Sale of livestock — Regulations governing — Inspection — Diseased animals.

Each livestock market may be under the direct supervision of a representative of the department. Except as otherwise provided in this chapter, no livestock known to be infected with or known to have been exposed to any contagious, infectious or communicable animal disease or infestation shall be consigned to or sold through any livestock market. The representative may inspect all livestock that is offered for sale and may prohibit the movement of any animals that in the representative's opinion are diseased or that are likely to be carriers of disease, until final inspection is made by a qualified, accredited veterinarian, as to their condition. If, upon examination, an infectious, contagious or communicable disease or infestation is found, such animals may be sold only for immediate slaughter to a recognized slaughterer where veterinary inspection is maintained; or, the owner may, upon submission of an affidavit of ownership for at least sixty (60) days prior to sale date, return them to the original premises, where a strict quarantine must be maintained. The representative shall also issue or cause to be issued all necessary quarantines for such animals as are sold for immediate slaughter or are returned to the original premises. A copy of the quarantine shall be sent to the state veterinarian immediately following issuance, and instructions given the owner that the truck moving the quarantined animals to slaughter or returning them to the original premises must be cleaned and disinfected before being used again to transport livestock. The representative shall supervise the cleaning and disinfecting of the yards and pens at such time as may be necessary, using only those disinfectants approved by the animal disease eradication branch of the agricultural research service of the United States department of agriculture.

Acts 1957, ch. 208, § 9; T.C.A., § 44-2307; Acts 2010, ch. 717, § 13.

Amendments. The 2010 amendment deleted the (a) designation, in former (a), substituted “Each livestock market may be” for “Each community sale shall be” at the beginning of the first sentence, substituted “livestock market” for “community sale” at the end of the second sentence, substituted “shall” for “may” twice in the third sentence; and deleted former (b)-(e) which read: “(b)  Except as otherwise provided in this chapter, no female cattle or bulls more than eight (8) months of age shall be removed from the premises where the community sale is conducted, except for immediate slaughter within ten (10) days, unless such cattle either:“(1)  Have been tested for brucellosis and found negative within thirty (30) days prior to date of sale, and are accompanied by a certificate of health showing the results of the test;“(2)  Are under thirty (30) months of age and were officially vaccinated against brucellosis with vaccine approved by the commissioner at not less than four (4) months nor more than eight (8) months of age, are positively identified and are accompanied by an official certificate of vaccination or have the official calfhood vaccination tattoo in the ear; or“(3)  Are in a certified brucellosis-free herd at the time of the sale, and are accompanied by an official certificate of health so certifying.“Cattle that do not come within the above classifications must be tested and found negative to a brucellosis test before being released from the community sale yard. The owner may, upon submission of an affidavit of ownership for at least sixty (60) days prior to sale date, return the cattle to the original premises, and the entire herd placed under quarantine until tested for brucellosis.“(c)  All female cattle are classed as breeding cattle, and as such must comply with the requirements governing breeding cattle.“(d)  Community sales handling livestock during inclement weather shall be equipped with facilities for housing the livestock during the inclement weather. If livestock is held on the premises for more than ten (10) hours, then facilities for feeding and watering the livestock so held shall be provided.“(e)  In case any community sale sells livestock by weight, the scales upon which the livestock is weighed shall be regularly inspected and tested.”

Effective Dates. Acts 2010, ch. 717, § 21. June 30, 2010.

Cross-References. Cruelty to animals, § 39-14-202.

Humane treatment of animals not subject to state game and fish laws, § 5-9-110.

44-11-108. Records of operator.

1. Each operator of a livestock market shall keep the following records for each lot of livestock consigned to or sold through such livestock market, namely:
   1. The name and address of the consignor;
   2. 1. A description of the livestock which shall include ear tag number or back tag number, or animal descriptors such as livestock sex, color, marking, or weight; and
      2. The date the livestock was received and sold;
   3. The name and address of the purchaser of the livestock; and
   4. The price for which the livestock was sold or exchanged and the commission or other fees charged by the livestock market, including such inspection fees as are required hereunder.
2. These records shall be kept by the operator of a livestock market at the establishment or premises where the sale is held and conducted or such other convenient place as may be approved by the department. They shall be open for inspection by all officers or inspectors charged with the enforcement of this law, and they shall be preserved and retained for a period of at least two (2) years.

Acts 1957, ch. 208, § 8; T.C.A., § 44-2308; Acts 2010, ch. 717, §§ 14, 15.

Amendments. The 2010 amendment substituted “livestock market” for “community sale” twice in the introductory paragraph of (a), once in (a)(4) and once in (b); and rewrote (a)(2) which read: “A description of the livestock, which may be by tag number, marking, or weight;”.

Effective Dates. Acts 2010, ch. 717, § 21. June 30, 2010.

44-11-109. Sale or traffic in livestock on public property near licensed premises unlawful.

It is unlawful to sell, or offer to sell, to buy, or offer to buy, livestock within two thousand (2,000) feet of a licensed livestock market property.

Acts 1957, ch. 208, § 6; T.C.A., § 44-2309; Acts 2010, ch. 717, § 16.

Amendments. The 2010 amendment substituted “within two thousand (2,000) feet of a licensed livestock market property” for “on any public property located within two thousand feet (2,000) of the premises where licensed community sales are held”.

Effective Dates. Acts 2010, ch. 717, § 21. June 30, 2010.

44-11-110. Administration of chapter — Personnel.

1. The state veterinarian shall administer this chapter.
2. The state veterinarian is authorized to employ a chief inspector and shall have one (1) inspector assigned to work in each grand division of the state. In addition, the state veterinarian may employ part-time inspectors who may be assigned in particular localities or at particular community sales.

Acts 1957, ch. 208, § 11; T.C.A., § 44-2310.

Cross-References. Grand divisions, §§ 4-1-201 — 4-1-204.

44-11-111. License fees to be used in administration of chapter.

The license fees collected under this chapter shall be devoted exclusively to its administration and shall be kept in a separate account by the state treasurer, and no part of the fees collected under this chapter shall at any time become a part of the general fund of the state.

Acts 1957, ch. 208, § 10; T.C.A., § 44-2311.

44-11-112. Rules and regulations.

The department may make reasonable rules and regulations for carrying out this chapter.

Acts 1957, ch. 208, § 13; T.C.A., § 44-2312.

44-11-113. Inspections authorized.

For the purpose of carrying out this chapter and making inspections under this chapter, the commissioner or the commissioner's duly authorized representative has the right to enter the establishment or premises where any community sale is held and to inspect its records at all times.

Acts 1957, ch. 208, § 13; T.C.A., § 44-2313.

44-11-114. Certain businesses excepted.

This chapter shall not apply to the business of buying or assembling livestock for the purpose of prompt shipment to or slaughter in any livestock market or packing house where veterinary inspection is regularly maintained under the animal disease eradication branch of the agricultural research services, United States department of agriculture.

Acts 1957, ch. 208, § 12; T.C.A., § 44-2314.

44-11-115. Violations of chapter — Penalty.

Any livestock operator, or any person who engages in business as a livestock market without a license, as herein required, or who violates any of the provisions of this chapter, or any rules and regulations lawfully issued hereunder, commits a Class A misdemeanor.

Acts 1957, ch. 208, § 14; T.C.A. § 44-2315; Acts 1989, ch. 591, § 113; 2010, ch. 717, § 17.

Amendments. The 2010 amendment rewrote this section which read: “A person who operates a community sale without a license, as herein required, or who violates any of the provisions of this chapter, or any rules and regulations lawfully issued hereunder, commits a Class C misdemeanor. Each day upon which livestock is sold or exchanged at any community sale constitutes a separate offense.”

Effective Dates. Acts 2010, ch. 717, § 21. June 30, 2010.

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

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

Collateral References.

Extent of liability of seller of livestock infected with communicable disease. 14 A.L.R.4th 1096.

44-11-116. Injunction.

Whenever it appears to the commissioner that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this chapter or any rule hereunder, the commissioner may, in the commissioner's discretion, bring an action in the chancery court of any county in this state to enjoin the acts or practices and to enforce compliance with this chapter or any rule hereunder.

Acts 2010, ch. 717, § 18.

Effective Dates. Acts 2010, ch. 717, § 21. June 30, 2010.

44-12-101. [Repealed.]

Compiler's Notes. Former chapter 12, §§ 44-12-101 — 44-12-111 (Acts 1967, ch. 323, § 1-6; T.C.A., § 44-2401 — 44-2406, §§ 7-9, 11; T.C.A., § 44-2411; Acts 1972, ch. 724, § 1; T.C.A., § 44-2408, Acts 1974, ch. 523, § 1; T.C.A. 44-2409; Acts 1976, ch. 806, § 1(81); T.C.A. 2407; Acts 1980, ch. 767, § 3; Acts 1988, ch. 1013, § 15), concerning the “Tennessee Public Livestock Market Charter Act”, was repealed by Acts 2010, ch. 717, § 20, effective June 30, 2010.

44-12-102. [Repealed.]

Compiler's Notes. Former chapter 12, §§ 44-12-101 — 44-12-111 (Acts 1967, ch. 323, § 1-6; T.C.A., § 44-2401 — 44-2406, §§ 7-9, 11; T.C.A., § 44-2411; Acts 1972, ch. 724, § 1; T.C.A., § 44-2408, Acts 1974, ch. 523, § 1; T.C.A. 44-2409; Acts 1976, ch. 806, § 1(81); T.C.A. 2407; Acts 1980, ch. 767, § 3; Acts 1988, ch. 1013, § 15 concerning the “Tennessee Public Livestock Market Charter Act”, was repealed by Acts 2010, ch. 717, § 20, effective June 30, 2010.

44-12-103. [Repealed.]

Compiler's Notes. Former chapter 12, §§ 44-12-101 - 44-12-111 (Acts 1967, ch. 323, § 1-6; T.C.A., § 44-2401 -- 44-2406, §§ 7-9, 11; T.C.A., § 44-2411; Acts 1972, ch. 724, § 1; T.C.A., § 44-2408, Acts 1974, ch. 523, § 1; T.C.A. 44-2409; Acts 1976, ch. 806, § 1(81); T.C.A. 2407; Acts 1980, ch. 767, § 3;Acts 1988, ch. 1013, § 15 concerning the “Tennessee Public Livestock Market Charter Act”, was repealed by Acts 2010, ch. 717, § 20, effective June 30, 2010.

44-12-104. [Repealed.]

Compiler's Notes. Former chapter 12, §§ 44-12-101 - 44-12-111 (Acts 1967, ch. 323, § 1-6; T.C.A., § 44-2401 -- 44-2406, §§ 7-9, 11; T.C.A., § 44-2411; Acts 1972, ch. 724, § 1; T.C.A., § 44-2408, Acts 1974, ch. 523, § 1; T.C.A. 44-2409; Acts 1976, ch. 806, § 1(81); T.C.A. 2407; Acts 1980, ch. 767, § 3;Acts 1988, ch. 1013, § 15 concerning the “Tennessee Public Livestock Market Charter Act”, was repealed by Acts 2010, ch. 717, § 20, effective June 30, 2010.

44-12-105. [Repealed.]

Compiler's Notes. Former chapter 12, §§ 44-12-101 - 44-12-111 (Acts 1967, ch. 323, § 1-6; T.C.A., § 44-2401 -- 44-2406, §§ 7-9, 11; T.C.A., § 44-2411; Acts 1972, ch. 724, § 1; T.C.A., § 44-2408, Acts 1974, ch. 523, § 1; T.C.A. 44-2409; Acts 1976, ch. 806, § 1(81); T.C.A. 2407; Acts 1980, ch. 767, § 3;Acts 1988, ch. 1013, § 15 concerning the “Tennessee Public Livestock Market Charter Act”, was repealed by Acts 2010, ch. 717, § 20, effective June 30, 2010.

44-12-106. [Repealed.]

Compiler's Notes. Former chapter 12, §§ 44-12-101 — 44-12-111 (Acts 1967, ch. 323, § 1-6; T.C.A., § 44-2401 — 44-2406, §§ 7-9, 11; T.C.A., § 44-2411; Acts 1972, ch. 724, § 1; T.C.A., § 44-2408, Acts 1974, ch. 523, § 1; T.C.A. 44-2409; Acts 1976, ch. 806, § 1(81); T.C.A. 2407; Acts 1980, ch. 767, § 3;Acts 1988, ch. 1013, § 15 concerning the “Tennessee Public Livestock Market Charter Act”, was repealed by Acts 2010, ch. 717, § 20, effective June 30, 2010.

44-12-107. [Repealed.]

Compiler's Notes. Former chapter 12, §§ 44-12-101 - 44-12-111 (Acts 1967, ch. 323, § 1-6; T.C.A., § 44-2401 -- 44-2406, §§ 7-9, 11; T.C.A., § 44-2411; Acts 1972, ch. 724, § 1; T.C.A., § 44-2408, Acts 1974, ch. 523, § 1; T.C.A. 44-2409; Acts 1976, ch. 806, § 1(81); T.C.A. 2407; Acts 1980, ch. 767, § 3;Acts 1988, ch. 1013, § 15 concerning the “Tennessee Public Livestock Market Charter Act”, was repealed by Acts 2010, ch. 717, § 20, effective June 30, 2010.

44-12-108. [Repealed.]

Compiler's Notes. Former chapter 12, §§ 44-12-101 - 44-12-111 (Acts 1967, ch. 323, § 1-6; T.C.A., § 44-2401 -- 44-2406, §§ 7-9, 11; T.C.A., § 44-2411; Acts 1972, ch. 724, § 1; T.C.A., § 44-2408, Acts 1974, ch. 523, § 1; T.C.A. 44-2409; Acts 1976, ch. 806, § 1(81); T.C.A. 2407; Acts 1980, ch. 767, § 3;Acts 1988, ch. 1013, § 15 concerning the “Tennessee Public Livestock Market Charter Act”, was repealed by Acts 2010, ch. 717, § 20, effective June 30, 2010.

44-12-109. [Repealed.]

Compiler's Notes. Former chapter 12, §§ 44-12-101 - 44-12-111 (Acts 1967, ch. 323, § 1-6; T.C.A., § 44-2401 -- 44-2406, §§ 7-9, 11; T.C.A., § 44-2411; Acts 1972, ch. 724, § 1; T.C.A., § 44-2408, Acts 1974, ch. 523, § 1; T.C.A. 44-2409; Acts 1976, ch. 806, § 1(81); T.C.A. 2407; Acts 1980, ch. 767, § 3;Acts 1988, ch. 1013, § 15 concerning the “Tennessee Public Livestock Market Charter Act”, was repealed by Acts 2010, ch. 717, § 20, effective June 30, 2010.

44-12-110. [Repealed.]

Compiler's Notes. Former chapter 12, §§ 44-12-101 - 44-12-111 (Acts 1967, ch. 323, § 1-6; T.C.A., § 44-2401 -- 44-2406, §§ 7-9, 11; T.C.A., § 44-2411; Acts 1972, ch. 724, § 1; T.C.A., § 44-2408, Acts 1974, ch. 523, § 1; T.C.A. 44-2409; Acts 1976, ch. 806, § 1(81); T.C.A. 2407; Acts 1980, ch. 767, § 3;Acts 1988, ch. 1013, § 15 concerning the “Tennessee Public Livestock Market Charter Act”, was repealed by Acts 2010, ch. 717, § 20, effective June 30, 2010.

44-12-111. [Repealed.]

Compiler's Notes. Former chapter 12, §§ 44-12-101 - 44-12-111 (Acts 1967, ch. 323, § 1-6; T.C.A., § 44-2401 -- 44-2406, §§ 7-9, 11; T.C.A., § 44-2411; Acts 1972, ch. 724, § 1; T.C.A., § 44-2408, Acts 1974, ch. 523, § 1; T.C.A. 44-2409; Acts 1976, ch. 806, § 1(81); T.C.A. 2407; Acts 1980, ch. 767, § 3;Acts 1988, ch. 1013, § 15 concerning the “Tennessee Public Livestock Market Charter Act”, was repealed by Acts 2010, ch. 717, § 20, effective June 30, 2010.

44-13-101 — 44-13-103. [Transferred.]

Compiler's Notes. Former chapter 13, §§ 44-13-101 — 44-13-103, concerning certification of livestock, was transferred to ch. 7, part 4 of this title in 1987.

44-14-101. Short title.

This chapter shall be known and may be cited as the “Sheep Producers' Indemnity Law.”

Acts 1939, ch. 184, § 2; C. Supp. 1950, § 3830.2 (Williams, § 3830.4); T.C.A. (orig. ed.), § 44-2101.

Comparative Legislation. Sheep producers:

Ark.  Code § 2-34-101 et seq.

Ky. Rev. Stat. Ann. § 246.260.

Mo. Rev. Stat. § 270.170.

Va. Code § 3.1-723 et seq.

Collateral References. Agriculture 6.

44-14-102. Chapter definitions.

1. As used in this chapter, unless the context otherwise requires:
   1. “Association” means any association or corporation organized under this chapter;
   2. “Member” includes bona fide sheep producers who meet the requirements of associations organized under this chapter; and
   3. “Person” includes an individual, firm, partnership, corporation and association.
2. Associations organized hereunder shall be deemed “nonprofit,” inasmuch as they are not organized to make profit for themselves, as such, or for their members, as such, but only for their members as producers.

Acts 1939, ch. 184, § 2; C. Supp. 1950, § 3830.3 (Williams, § 3830.4); T.C.A. (orig. ed.), § 44-2102.

44-14-103. Who may organize.

Five (5) or more persons, a majority of whom are residents of this state, engaged in the production of sheep, may form a nonprofit cooperative protective association, without capital stock under this chapter.

Acts 1939, ch. 184, § 3; C. Supp. 1950, § 3830.4 (Williams, § 3830.5); T.C.A. (orig. ed.), § 44-2103.

44-14-104. Powers and limitations of association.

Each association organized hereunder has the following powers and limitations:

1. Indemnity Limited.  The indemnity allowed shall in no instance exceed the value of the animal;
2. Losses Prior to Membership.  The association shall not protect the member from losses occurring prior to membership in the association;
3. Losses While Member in Arrears.  The association shall not indemnify a member for losses sustained while the member is in arrears in payment of membership fees, but the member shall be considered to be suspended and without protection until the fees are paid, but shall continue to be liable for all fees due the association;
4. Loss Caused by Design of Assured.  The association shall not be responsible for any loss caused by the design of the assured;
5. Liability for Assessment.  No member shall be liable for assessments to pay losses and expenses accruing previous to the time of the member's membership in the association, nor for losses and expenses accruing after membership ceases;
6. Joint or Concurrent Indemnity.  In all cases of other indemnity against loss by dogs upon the sheep protected in the association, whether prior or subsequent to the date of protection in the association, in the event of loss by dogs, the member will not be entitled to recover on the indemnity in the association any greater portion of the loss sustained than the indemnity in the association shall bear to the whole amount of indemnity on the sheep;
7. Must Cover All Sheep.  The member shall schedule for indemnity all the sheep that the member owns within the territory of the association that are one (1) year of age and over. Lambs produced from ewes insured in the association shall be protected according to the schedule of indemnity payments until one (1) year of age, so long as ownership does not change, without the payment of any fees;
8. Funds.  If, at the end of the fiscal year, there are sufficient funds above and beyond those to be expended for indemnity claims, a reasonable reserve fund shall be set aside; then, if there are still additional funds, the remainder shall be credited to the members pro rata (on a basis as paid into the association) on the ensuing year's fees. If there are not sufficient funds from the fees collected that are available at the end of the fiscal year to pay the indemnity claims as approved in full, then all indemnity payments shall be reduced pro rata;
9. Term of Indemnity.  All indemnity shall date from the date of issuance of certificate of membership. This indemnity ceases at midnight Central Standard Time (12:00 CST) of the last day of the fiscal year;
10. Renewal of Indemnity.  Indemnity shall be renewed only when the member pays all protective fees and otherwise fulfills all requirements as stipulated in the bylaws;
11. Liability of the Association.  The association shall in no instance be liable for loss from other causes than death of sheep caused by dogs;
12. Cancellation of Membership.  A member may, at any time upon written request to the secretary and the payment of all valid claims against the member, have the member's membership in the association cancelled;
13. Cancellation of Indemnity.  The association may, upon five (5) days' notice, for any cause deemed sufficient by the board of directors or its representatives, cancel the indemnity of any member or any part thereof; and
14. Additional Powers.  The association has the power to:
    1. 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) of the subjects herein enumerated, or conducive to or expedient for the interest or benefit of the association, and to contract accordingly;
    2. 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
    3. Have any other rights, powers and privileges granted by the laws of this state to other corporations, except such as are inconsistent with the express provisions of this chapter.

Acts 1939, ch. 184, § 4; C. Supp. 1950, § 3830.5 (Williams, § 3830.6); T.C.A. (orig. ed.), § 44-2104.

44-14-105. Members.

1. Under the terms and conditions prescribed in the bylaws adopted by it, the association may admit as members only persons engaged in the production of sheep, including the lessees and tenants of land used for the production of sheep, and any lessors and landlords who receive as rent all or any part of the sheep, or returns therefrom, raised on the leased premises.
2. If a member of the association is other than a natural person, the member may be represented by any individual, associate officer or manager or member thereof, duly authorized in writing.

Acts 1939, ch. 184, § 5; C. Supp. 1950, § 3830.6 (Williams, § 3830.7); T.C.A. (orig. ed.), § 44-2105.

44-14-106. Articles of incorporation.

1. 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 term for which it is to exist, not exceeding fifty (50) years; and
   5. 1. 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);
      2. The term of office of such directors; and
      3. 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.
2. The articles must be subscribed by the incorporators and acknowledged before an officer authorized by the law of this state to take and certify acknowledgments of deeds and conveyances, and shall be filed in accordance with the general incorporation laws of this state.

Acts 1939, ch. 184, § 6; C. Supp. 1950, § 3830.7 (Williams, § 3830.8); T.C.A. (orig. ed.), § 44-2106.

44-14-107. Amendments to articles of incorporation.

The articles of incorporation may be altered or amended at any regular meeting or any special meeting called for that purpose. An amendment must first be approved by two thirds (2/3) of the directors and then be adopted by a vote representing a majority of all the members of the association. Amendments to the articles of incorporation, when so adopted, shall be filed in accordance with the general corporation laws of this state.

Acts 1939, ch. 184, § 7; C. Supp. 1950, § 3830.8 (Williams, § 3830.9); T.C.A. (orig. ed.), § 44-2107.

Cross-References. Corporations, title 48.

44-14-108. Bylaws.

1. 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 under this chapter. A majority vote of the members, or their written assent, is necessary to adopt bylaws.
2. Each association, under its bylaws, may provide for any or all of the following matters:
   1. The number of members constituting a quorum;
   2. The right of members 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, duties, term of office of directors and officers; the time of their election and 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 the same; and the purpose for which they may be used;
   7. The amount that each member 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 for service rendered by the association to that member and the time of payment and manner of collection; and
   8. The number and qualification of members of the association and the conditions precedent to membership; the method, time, and manner of permitting members to withdraw; the manner of assignment and transfer of the interest of members; the conditions upon which and the time when the 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; 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 the member, or upon the expulsion of a member for forfeiture of membership, or, at the option of the association, the purchase of the member's interest at a price fixed by conclusive appraisal of 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 and property interests in the association and fix the amount of the property and property interests in money, which shall be paid to the member within one (1) year after expulsion.

Acts 1939, ch. 184, § 8; C. Supp. 1950, § 3830.9 (Williams, § 3830.10); T.C.A. (orig. ed.), § 44-2108.

44-14-109. General and special meetings — Calling — Notice.

1. In its bylaws, each association shall provide for one (1) or more regular meetings each year.
2. The board of directors shall have the right to call a special meeting at any time; and ten percent (10%) of the members may file a petition stating the specific business to be brought before the association and demand a special meeting at any time.
3. Such meetings 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 such notice may be given by publication in a newspaper of general circulation, published at the principal place of business of the association.

Acts 1939, ch. 184, § 9; C. Supp. 1950, § 3830.10 (Williams, § 3830.11); T.C.A. (orig. ed.), § 44-2109.

44-14-110. Directors — Election — Compensation — Vacancies.

1. The affairs of the association shall be managed by a board of not less than five (5) directors elected by the members from their own number. The bylaws may provide that one (1) or more additional directors may be appointed by any public official or commission or by the other directors selected by the members or their delegates. The additional directors shall represent primarily the interest of the general public in such associations. The directors so appointed need not be members of the association, but shall have the same powers and rights as other directors. These directors shall not number more than one fifth (1/5) of the entire number of directors.
2. 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.
3. The bylaws may provide that no director shall occupy any position in the association, except that of president and secretary at a regular salary or substantially full-time pay.
4. The bylaws may provide for an executive committee and may allot to the committee all the functions and powers of the board, subject to the general direction and control of the board.
5. When a vacancy on the board occurs other than by expiration of term, the remaining members of the board, by a majority vote, shall fill the vacancy.

Acts 1939, ch. 184, § 10; C. Supp. 1950, § 3830.11 (Williams, § 3830.12); T.C.A. (orig. ed.), § 44-2110.

44-14-111. Election of officers.

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 person. The treasurer may be a bank or any depository, and as such, shall not be considered as an officer, but as an agency of the board. In such case, the secretary shall perform the usual accounting duties of the treasurer, except that the funds shall be deposited only as and where authorized by the board.

Acts 1939, ch. 184, § 11; C. Supp. 1950, § 3830.12 (Williams, § 3830.13); T.C.A. (orig. ed.), § 44-2111.

44-14-112. Bonding officers, employees, and agents.

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 a bond for the faithful performance of that person's duties and obligations.

Acts 1939, ch. 184, § 12; C. Supp. 1950, § 3830.13 (Williams, § 3830.14); T.C.A. (orig. ed.), § 44-2112.

44-14-113. Membership certification — Issuance — Voting — Liability.

1. When a member of an association has paid the membership fee in full, and has also paid the prescribed protective fees, the member shall receive a certificate of membership. The promissory notes of the members may be accepted by the association as full or partial payment of fees.
2. No member shall be liable for the debts of the association to an amount exceeding the sum remaining unpaid on the membership fee or the prescribed protective fees, including any unpaid balance on any promissory notes given in payment of such fees.
3. No member shall be entitled to more than one (1) vote, regardless of the number of sheep owned by such member.

Acts 1939, ch. 184, § 13; C. Supp. 1950, § 3830.14 (Williams, § 3830.15); T.C.A. (orig. ed.), § 44-2113.

44-14-114. Removal of officer or director.

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 such 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 1939, ch. 184, § 14; C. Supp. 1950, § 3830.15 (Williams, § 3830.16); T.C.A. (orig. ed.), § 44-2114.

44-14-115. Annual reports.

Each association formed under this chapter shall prepare and make out an annual report on forms to be furnished by the commissioner of commerce and insurance, containing:

1. The name of the association;
2. Its principal place of business;
3. A general statement of its business operations during the fiscal year, showing the number of members, amount of membership fees received, and the amount of prescribed protective fees received;
4. The total expenses of operations;
5. The amount of its indebtedness or liability;
6. Its balance sheets; and
7. Such other information as may be required by the commissioner.

Acts 1939, ch. 184, § 15; C. Supp. 1950, § 3830.16 (Williams, § 3830.17); impl. am. Acts 1971, ch. 137, § 2; T.C.A. (orig. ed.), § 44-2115.

44-14-116. Conflicting laws not to apply.

Any provisions of law that are in conflict with this chapter shall be construed as not applying to the associations provided for in this chapter.

Acts 1939, ch. 184, § 16; C. Supp. 1950, § 3830.17 (Williams, § 3830.18); T.C.A. (orig. ed.), § 44-2116.

44-14-117. Application of general corporation laws.

1. The general corporation laws of this state, and the powers and rights under those laws, shall apply to the associations organized under this chapter, except where those provisions are in conflict with or inconsistent with the express provisions of this chapter.
2. None of the provisions of the general insurance laws of the state shall apply to any association or corporation organized under this chapter, except that the department of commerce and insurance shall act in a supervisory capacity and shall be authorized to make an inspection and investigation of the associations' or corporations' books and activities, and may require any reports from the associations or corporations that, in the judgment of the commissioner, are deemed to the best interest of the public.

Acts 1939, ch. 184, § 18; C. Supp. 1950, § 3830.18 (Williams, § 3830.20); impl. am. Acts 1971, ch. 137, § 1; T.C.A. (orig. ed.), § 44-2117.

44-14-118. Filing fees.

For filing articles of incorporation an association organized under this chapter shall pay five dollars ($5.00); and for filing an amendment to the articles, two dollars ($2.00).

Acts 1939, ch. 184, § 19; C. Supp. 1950, § 3830.19 (Williams, § 3830.21); T.C.A. (orig. ed.), § 44-2118.

44-15-101. Title — Purpose.

1. This chapter shall be known and may be cited as the “Tennessee Apiary Act of 1995.”
2. Honeybees are kept in beehives by beekeepers throughout the state, and many colonies of feral honeybees have established nests in hollow trees and in walls of buildings. These honeybees perform a pollination function that is essential to the propagation of many species of flowering plants in Tennessee. These flowering plants include many agricultural crops, wildflowers, and forest plants that are of great importance to all Tennesseans, and the honeybees are the major pollinator for most of these plants. Therefore, the state should take appropriate actions to help assure the continued availability of an adequate population of honeybee pollinators. Honeybees, like other animal species, are afflicted by a variety of contagious diseases and pests that can cause serious population reductions. The natural behavior of honeybees cause them to be interactive with bees from other colonies and therefore vulnerable to transmission of some diseases and pests. Therefore, persons involved in the keeping of bees in a given area can engage in beekeeping practices that will have a real and direct impact on the honeybees and beekeeping in surrounding areas. This chapter enables and provides for the development of regulatory programs for beekeeping activities in the state as may be needed to help protect honeybees from diseases, pests, and other threats that could seriously reduce the availability of the honeybee pollinators.

Acts 1995, ch. 402, § 2; T.C.A. § 44-15-201.

Compiler's Notes. Former chapter 15, §§ 44-15-101 — 44-15-115 (Acts 1961, ch. 39, §§ 1 — 15; T.C.A., §§ 44-2201 — 44-2215; Acts 1989, ch. 591, § 113), concerning the Tennessee apiary laws, were repealed by Acts 1995, ch. 402, § 1.

Former chapter 15, part 2, §§ 44-15-201 — 44-15-223, were transferred to §§ 44-15-101 — 44-15-123, respectively, in 2000.

Cross-References. Humane treatment of animals not subject to state game and fish laws, § 5-9-110.

Attorney General Opinions. Homeowners’ association’s restrictive covenants on beekeeping.  OAG 13-02, 2013 Tenn. AG LEXIS 2 (1/7/13).

Comparative Legislation. Apiaries:

Ala.  Code § 2-14-1 et seq.

Ark.  Code § 2-22-101 et seq.

Ga. O.C.G.A. § 2-14-40 et seq.

Ky. Rev. Stat. Ann. § 252.170 et seq.

Miss.  Code Ann. § 69-25-101 et seq.

Mo.  Rev. Stat. § 264.011 et seq.

N.C. Gen. Stat. § 106-634 et seq.

Va.  Code § 3.1-610.1 et seq.

Collateral References.

Keeping bees as nuisance. 88 A.L.R.3d 992.

Liability for injury or damage caused by bees. 86 A.L.R.3d 829.

Validity and construction of beekeeping regulation. 55 A.L.R.4th 1223.

Agriculture 2.

44-15-102. Chapter definitions.

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

1. “Abandoned apiaries” means an apiary that has not been subjected to at least the minimal beekeeping practices necessary to maintain the bees in a healthy, productive, and safe condition so that the honeybees and beekeepers in surrounding areas will not be adversely affected;
2. “Advisory committee” or “ATAC” means the apicultural technical advisory committee that is established pursuant to this chapter;
3. “Apiary” means a collection of one (1) or more colonies of bees in beehives at a location. A building or room in a building is considered to be the location of an apiary only if one (1) or more beehives containing colonies of honeybees are housed within that building;
4. “Apiary inspectors” means those persons with relevant qualifications and beekeeping training who are employed by or working under contract with the department of agriculture for the purpose of implementing regulatory programs as directed by the state apiarist;
5. “Appliances” means any apparatus, tools, machines or other devices used in handling and manipulating bees, honey, and wax that may be used in an apiary, or in transporting bees and their products and apiary supplies;
6. “Bee disease or pest” means a condition in which a colony is infested/infected with a bacterial, fungal, viral, or parasitic condition or an organism that can or will affect the well-being of a colony;
7. “Beekeeper” means any individual, association, corporation, or other entity who deliberately provides nesting sites for colonies of honeybees and attempts to establish and maintain colonies of honeybees at any location;
8. “Bees” or “honeybees” means any developmental stage of any sub- species of the species Apis mellifem;
9. “Certification” means a voluntary training program approved by the department that when successfully completed authorizes the beekeeper to detect, identify, and control regulated bee diseases and pests in colonies under the management of that beekeeper;
10. “Certified beekeeper” means any person who has successfully met the requirements of a voluntary certification program for beekeepers as approved by the state apiarist;
11. “Colony” means all of the bees living together as one (1) social unit and may include the bee equipment in which the bees are living;
12. “Commissioner” means the commissioner of agriculture or the commissioner's designated agent;
13. “Department” means the Tennessee department of agriculture;
14. “Feral bees” means those honeybees not kept in a beehive provided by a beekeeper and whose nest sites are usually located in a cavity within a tree or a building;
15. “Hive” or “beehive” means that container or structure used by a beekeeper to provide a cavity in which a colony of bees is expected to establish a permanent nest;
16. “Registered apiary” means an apiary location that has been properly registered with the department as required by this chapter;
17. “Registered beekeeper” means a beekeeper whose apiaries are properly registered with the department;
18. “Regulated bee disease” or “regulated pest” means a bee disease or pest that presents a significant threat to the population of honeybees and for which regulatory actions can be taken to mitigate that threat; and
19. “State apiarist” means that person employed by the department who has the qualifications prescribed by this chapter and has been designated as state apiarist by the commissioner.

Acts 1995, ch. 402, § 3; T.C.A. § 44-15-202.

44-15-103. State apiarist.

1. 1. The commissioner shall appoint a state apiarist, subject to any applicable rules or qualifications established by the department of human resources. The state apiarist is responsible for the apiary work of the department of agriculture and, with the necessary assistants, is charged with the duty of enforcing this chapter. The person designated as state apiarist shall have, as a minimum, a college degree in one (1) of the biological sciences and a minimum of five (5) years apiary experience.
   2. The state apiarist is responsible for developing, implementing, and administering the apiary program needed to satisfy the objectives and provisions of this chapter, and shall have the duty of enforcing those rules and regulations promulgated pursuant to this chapter.
2. The commissioner may appoint, in accordance with any applicable personnel rules and regulations, such assistants, apiary inspectors, and other employees as may be required, and to prescribe their duties; to delegate to apiary 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 chapter.
3. The state apiarist and the apiary inspectors may provide educational literature and may conduct training programs for beekeeping on topics related to prevention, detection, and control of bee diseases and pests and other topics that will help beekeepers maintain needed populations of honeybees. The literature and training programs may be developed and conducted in cooperation with the extension apiculturist at the University of Tennessee.
4. The state apiarist and all apiary inspectors may own colonies of bees and engage in beekeeping activities on their own time, and their beekeeping activities will be subject to the same rules and regulations as applied to all other beekeepers. The department shall not prohibit such activities but may develop guidelines to avoid interference with work responsibilities and to prevent conflicts of interest.

Acts 1995, ch. 402, § 4; T.C.A. § 44-15-203.

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.

44-15-104. Cooperative agreements.

The commissioner is authorized to enter into cooperative agreements and/or grants with any person, municipality, county and other departments of this state, and boards, officials and authorities of other states and the United States for inspection with reference to infectious and contagious diseases and regulated pests of honeybees, and for their control and eradication.

Acts 1995, ch. 402, § 5; T.C.A. § 44-15-204.

44-15-105. Registration of apiaries.

1. Every beekeeper owning one (1) or more colonies of bees shall register each apiary location by January 1, 1996, and every three (3) years thereafter. Upon establishment of a new apiary location, it is the duty of the owners or operators of the apiary to register the new locations within thirty (30) days. Any person, firm, or corporation moving bees into the state shall register all apiary locations within thirty (30) days from the date of the establishment of each apiary.
2. If an unregistered apiary is found, the state apiarist or any apiary inspector shall make a reasonable effort to locate the owner of the bees and notify the beekeeper by means of a registered letter of the registration requirements and the consequences of noncompliance.
3. The state apiarist shall issue to each beekeeper with one (1) or more registered apiaries a unique registration number that will be used for apiary identification purposes.

Acts 1995, ch. 402, § 6; T.C.A. § 44-15-205.

Cross-References. Certified mail in lieu of registered mail, § 1-3-111.

44-15-106. Moveable frames.

Each beekeeper is required to provide moveable frames in all hives used by that beekeeper to contain bees, so that any such frame can be removed from the hive and inspected for any regulated diseases and pests. Any beekeeper having a colony of bees living in any beehive or other container that does not have moveable frames may be ordered by the state apiarist to transfer the bees into a hive with moveable frames within a specified period of time. If the beekeeper does not make the transfer within the specified time period, the state apiarist shall have the authority to confiscate the bees and hive or hives.

Acts 1995, ch. 402, § 7; T.C.A. § 44-15-206.

44-15-107. Inspection program.

The state apiarist, assisted by the apiary inspectors identified in this chapter, has the authority and responsibility to establish and implement a program for inspection of apiaries throughout the state for the purpose of detecting regulated bee diseases and pests and for implementing control measures as needed to minimize the adverse impacts of those diseases and pests on the honeybee population in the state. The apiary inspection program will be conducted in accordance with standard procedures that are developed by the state apiarist. The state apiarist may require or supervise the treatment, destruction, or disposition of diseased bees or contaminated bee equipment or bee supplies in accordance with rules and regulations promulgated under the authority of this chapter. Any apiary inspector duly authorized by the state apiarist has the authority to go upon any public or private property for the purpose of conducting an inspection of an apiary located on that property. The inspector shall make a reasonable effort to notify the beekeeper of a planned inspection prior to the actual inspection.

Acts 1995, ch. 402, § 8; 1999, ch. 192, § 1; T.C.A. § 44-15-207.

44-15-108. Sale or movement of bees.

1. No bees may be sold, offered for sale, moved, or transported, shipped or delivered within the state, unless they have been inspected by an appropriate official of the state and certified to be apparently free of infectious or contagious regulated bee diseases and pests in accordance with rules and regulations promulgated under this chapter.
2. All persons desiring to move bees, hives, slumgums, used beekeeping equipment or appliances into the state must apply to the department for a permit. The application shall be accompanied by a certificate of health certifying that all bees, hives, slumgums, used beekeeping equipment or appliances have been inspected by an authorized official within thirty (30) days prior to transportation into Tennessee, and that the bees, hives, slumgums, used beekeeping equipment or appliances were found apparently free from any regulated diseases or pest.

Acts 1995, ch. 402, § 9; T.C.A. § 44-15-208.

44-15-109. Duty to report disease or pest — Authority to inspect.

1. If a beekeeper knows that a colony of bees has a regulated bee disease or pest, the beekeeper shall immediately report to a state apiary inspector all facts known about the bee's disease or bee's pests.
2. If any apiary inspector has substantial reason to believe that a feral colony of bees may be harboring any regulated bee disease or pest, the inspector has the authority to enter onto any property, public or private, to locate and examine that feral colony of bees. The examination of a feral colony and any subsequent regulatory activity must be conducted in accordance with rules established by the department.

Acts 1995, ch. 402, § 10; T.C.A. § 44-15-209.

44-15-110. Quarantine—Unlawful to expose free-flying honeybees to disease, pest, or any substance known to kill bees.

1. The state apiarist and the duly authorized apiary inspectors have the power and authority to declare a quarantine on any apiary found to be infected/infested with any regulated bee diseases or pests. Immediately after the apiary is declared to be infected/infested, a quarantine notice will be presented to the beekeeper and will include specific instructions as to required actions by the beekeeper. The appliances directly associated with that apiary shall be under quarantine and shall be subject to regulatory actions imposed by the department. The commissioner may declare a geographical area quarantine against any county, group of counties, region, or state where a regulated bee disease or pest is found in a sufficient number of apiaries that the infestation can be considered endemic. However, bees may not be moved from the quarantine area except by permission from the state apiarist or an apiary inspector.
2. It is unlawful for any person in the state to participate in or conduct a deliberate act that exposes free-flying honeybees to a known source of any regulated bee disease or pest or to any substance commonly known to kill bees. This section does not apply to farmers, gardeners, or others who are using legally registered pesticides in strict compliance with the label instructions. The deliberate acts that are prohibited include, but are not limited to, the following:
   1. Placing in a location that is accessible to free-flying honeybees any beeswax combs, beekeeping equipment, honey, or other substance known to be attractive to honeybees and capable of transmitting bee diseases or pests and known to have been in contact with or associated with sources of regulated bee diseases or pests;
   2. Placing in a location that is accessible to free-flying honeybees any honey, sugar syrup, corn syrup, or other substance known to be attractive to bees and to which some pesticide or other substance harmful to honeybees has been added; or
   3. Producing, making, releasing, or otherwise causing any spray, smoke, fog, dust, or other substances to enter a beehive for the purpose of killing the bees therein except as requested by the owner of the bees or as required by a state regulatory order.

Acts 1995, ch. 402, § 11; T.C.A. § 44-15-210.

Compiler's Notes. This section is set out in this supplement to update the section heading.

44-15-111. Certification program.

1. The department may authorize establishment of a certification program whereby beekeepers who successfully complete the requirements of the program will be certified to have demonstrated the knowledge and skills needed to effectively detect, identify, and control regulated bee diseases and pests. The state apiarist will develop and administer any regulatory certification program that is established.
2. The beekeeper certification program shall be a voluntary program, and any applicant must successfully complete the program requirements to become a certified beekeeper. Each person who becomes certified will be granted certain privileges with regard to regulatory requirements promulgated pursuant to this chapter.

Acts 1995, ch. 402, § 12; T.C.A. § 44-15-211.

44-15-112. Used beekeeping equipment.

No person shall sell or give to any other person any used beekeeping equipment until the equipment has been sanitized by a method approved by the state apiarist. This requirement will not apply to equipment that is occupied by live bees.

Acts 1995, ch. 402, § 13; T.C.A. § 44-15-212.

44-15-113. Entry permit — Inspection certificates.

1. Any person wanting to move live bees in beehives or empty brood combs (combs that have been used for rearing bee brood) into the state must apply to the department for an entry permit. The application shall be accompanied by a certificate of health from the originating state's regulatory agency certifying that all bees and beehives and used brood combs have been inspected by an authorized official thirty (30) days prior to transportation into Tennessee. The certificate of health must show what diseases and pests were found as a result of the inspection. The state apiarist shall review the application and the health certificate and will determine whether or not an entry permit shall be granted and what conditions or requirements must be met prior to entry.
2. Any person, firm or corporation transporting colonies or used beekeeping equipment into, within, or through the state must secure the hives and equipment in such a manner as to prevent the escape of bees.
3. The state apiarist and all apiary inspectors shall be empowered to intercept any person or persons transporting colonies or appliances to determine if the person or persons have the required inspection certificates.
4. Colonies, beehives, slumgums, used bee equipment or appliances brought into this state in violation of this chapter or any applicable rules and regulations of the department shall be removed by the owner from this state and returned to their state of origin within five (5) days after notification by the department. Failure to comply may result in confiscation as provided in § 44-15-117 without any remuneration to the owner.

Acts 1995, ch. 402, § 14; T.C.A. § 44-15-213.

44-15-114. Penalty.

Any person violating any of the provisions of this chapter or the rules and regulations made under this chapter, or of any order or notice given pursuant thereto, or who shall forge, counterfeit, destroy, or wrongfully or fraudulently use, any certificate, permit, notice or other like document provided or who impedes, hinders or otherwise prevents, or attempts to prevent, the commissioner or the commissioner's duly authorized agent from performing the official's duty in connection with this chapter, may, in a lawful proceeding pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, be assessed a civil penalty of not more than five hundred dollars ($500) for each violation.

Acts 1995, ch. 402, § 15; T.C.A. § 44-15-214.

44-15-115. Disposition of funds.

All fees, fines, and proceeds resulting from the sale of seized properties collected under this chapter shall be paid into the general fund and the same are appropriated exclusively to the department to be used in carrying out this chapter.

Acts 1995, ch. 402, § 16; T.C.A. § 44-15-215.

44-15-116. Experimental apiaries.

The state apiarist is empowered to establish or to authorize establishment of apiaries for experimental purposes associated with research on or evaluation of conditions related to any bee disease or pest.

Acts 1995, ch. 402, § 17; T.C.A. § 44-15-216.

44-15-117. Disposition of confiscated bees and beehives.

All bees and beehives confiscated by the state apiarist as allowed by this chapter shall be destroyed by burning if the state apiarist determines that the confiscated property is infested with a regulated disease or pest to such an extent that it presents a significant and unacceptable threat to bees in the surrounding area. The state apiarist is allowed to use or to authorize use of confiscated property for experimental purposes. Otherwise the property may be donated to any college or university within the state that requests the property for research or educational purposes or disposed of at the discretion of the commissioner.

Acts 1995, ch. 402, § 18; T.C.A. § 44-15-217.

44-15-118. Preventive measures.

After inspection of infected/infested bees or fixtures, or handling diseased bees, the state apiarist or assistants, before leaving the premises on which disease is found, or proceeding to any other apiary, shall take such measures as to prevent the spread of the disease or pests by infected/infested material adhering to that person's or persons' body or clothing, or any tools or appliances used by the state apiarist or any assistants that have come in contact with infected/infested materials.

Acts 1995, ch. 402, § 19; T.C.A. § 44-15-218.

44-15-119. Unlawful activities.

It is unlawful for any person to knowingly give false or misleading information in any matter pertaining to the enforcement of this chapter, or to resist, impede, or hinder the state apiarist or any duly authorized apiary inspector in the discharge of duties as described in this chapter.

Acts 1995, ch. 402, § 20; T.C.A. § 44-15-219.

44-15-120. Honey storage and handling.

1. Honey can be contaminated with certain organisms that can cause disease in honeybees. Therefore, honey containers and beekeeping equipment that are wet with honey shall be stored, transported, and handled in such a way that free-flying honeybees will not be able to gain access to that honey.
2. No candy or other food containing honey shall be used in queen mailing cages.

Acts 1995, ch. 402, § 21; T.C.A. § 44-15-220.

44-15-121. Previous rules and regulations revoked — Authority to promulgate new rules.

1. All rules and regulations previously promulgated on the subject matter of this chapter are revoked.
2. The department shall promulgate rules and regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to effectuate the purposes of this chapter.

Acts 1995, ch. 402, § 22; T.C.A. § 44-15-221.

44-15-122. Charges.

In order to recover departmental costs, the commissioner is authorized to charge for the use of equipment and materials in providing technical assistance to beekeepers.

Acts 1995, ch. 402, § 24; T.C.A. § 44-15-222.

44-15-123. Indemnity for destruction.

The commissioner may establish procedures for the payment of indemnities for honey bee colonies destroyed under the authority of this chapter. Indemnity under this section is not intended to be a full reimbursement but a partial compensation based on, but not limited to, the value of the colonies and the availability of funds for this purpose. Indemnification may be disallowed if the owner is in violation of this chapter.

Acts 1999, ch. 274, § 1; T.C.A. § 44-15-223.

44-15-124. Restrictions on keeping honeybees in hives.

No county, municipality, consolidated government, or other political subdivision of this state shall adopt or continue in effect any ordinance or resolution prohibiting the establishment or maintenance of honeybees in hives, provided that such establishment or maintenance is in compliance with this chapter. This section shall not be construed to restrict or otherwise limit the zoning authority of county or municipal governments; provided, however, that a honeybee hive being maintained at a location in compliance with applicable zoning requirements on June 10, 2011, shall not be adversely affected and may be maintained at the same location notwithstanding any subsequent zoning changes.

Acts 2011, ch. 463, § 1.

Code Commission Notes.

Acts 2011, ch. 474, § 1 purported to enact a new § 44-15-124. Section 44-15-124 was previously enacted by Acts 2011, ch. 463, § 1; therefore the enactment by Acts 2011, ch. 474, § 1 was designated as § 44-15-125 by the code commission.

Effective Dates. Acts 2011, ch. 463, § 2. June 10, 2011.

Attorney General Opinions. Homeowners’ association’s restrictive covenants on beekeeping.  OAG 13-02, 2013 Tenn. AG LEXIS 2 (1/7/13).

44-15-125. Liability for personal injury or property damage.

1. Any person who has registered an apiary pursuant to § 44-15-105, is otherwise in compliance with this part and operates such apiary in a reasonable manner shall not be liable for any personal injury or property damage that is caused by the keeping and maintaining of:
   1. Bee equipment, queen breeding equipment, apiaries, affiliated appliances that are located on such apiary; or
   2. Bees that nest in a beehive that is located on such apiary.
2. The limitation of liability established by this section shall not apply to intentional tortious conduct or acts or omissions constituting gross negligence.

Acts 2011, ch. 474, § 1.

Code Commission Notes.

Acts 2011, ch. 474, § 1 purported to enact a new § 44-15-124. Section 44-15-124 was previously enacted by Acts 2011, ch. 463, § 1; therefore, the enactment by Acts 2011, ch. 474, § 1 was designated as § 44-15-125 by the code commission.

Effective Dates. Acts 2011, ch. 474, § 2. July 1, 2011.

Part 1
General Provisions

Part 1
Dog and Cat Dealers

44-18-101. Chapter definitions.

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

1. “Dairy farm” means any place or premises where one (1) or more cows are kept and from which a part or all of the milk or milk products is provided, sold or offered for sale to a milk plant, transfer station or receiving station;
2. “Department” means the department of environment and conservation, and includes any officer, agency or designee of that department;
3. “Established date of operation” means the date on which a feedlot, dairy farm or poultry production house commenced operating. If the physical facilities of the feedlot, dairy farm or poultry production house are subsequently expanded, the established date of operation for each expansion is deemed to be a separate and independent “established date of operation” established as of this date of commencement of the expanded operations, and the commencement of expanded operations shall not divest the feedlot, dairy farm or poultry production house of a previously established date of operation;
4. “Established date of ownership” means the date of the recording of an appropriate muniment of title establishing the ownership of realty;
5. “Feedlot” means a lot, yard, corral or other area in which livestock are confined, primarily for the purposes of feeding, growing, raising, or birthing prior to slaughter. “Feedlot” does not include areas that are used for the raising of crops or other vegetation upon which livestock are allowed to graze or feed;
6. “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;
7. “Materially affects” means prohibits or regulates with respect to the location, or the emission of noise, effluent, odors, sewage, waste or similar products resulting from the operation or the location or use of buildings, machinery, vehicles, equipment or other real or personal property used in the operation of a livestock feedlot, dairy farm or poultry production house;
8. “Nuisance” means and includes public or private nuisance as defined either by statute or by the common law;
9. “Nuisance action or proceeding” means and includes every action, claim or proceeding, whether brought at law, in equity or as an administrative proceeding, that is based on nuisance;
10. “Owner or operator” means any person who owns, leases, operates, controls or supervises a feedlot;
11. “Poultry production house” means any place or premises where chickens are kept for the production of eggs or broilers for resale to processors, wholesalers or retailers;
12. “Regulations” means a resolution by the county legislative body or an ordinance by the governing body of any municipality regulating or prohibiting the normal noises of animals or fowls, the noises in the operation of the equipment, the odors normally associated with any feedlot, dairy farm, or poultry production house, or the preclusion of any animals or fowls from within the city or from within a defined area of the county;
13. “Rule of the department” means a rule as defined in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, that materially affects the operation of a feedlot, dairy farm, or poultry production house and that has been adopted by the department. Nothing in this chapter shall be deemed to empower the department to make any rule; and
14. “Zoning requirement” means a regulation or ordinance that has been adopted by a city, county, township, school district, or any special-purpose district or authority, that materially affects the operation of a feedlot, dairy farm or poultry production house. Nothing in this chapter shall be deemed to empower any agency described in this definition to make any regulation or ordinance.

Acts 1979, ch. 138, § 1; T.C.A., § 53-6701; Acts 1992, ch. 693, § 1; 1996, ch. 792, § 2; 2002, ch. 635, §§ 1, 2.

Cross-References. Egg promotion board, § 43-29-120.

Right to farm, title 43, ch. 26.

Comparative Legislation. Nuisance — Feedlots, dairy farms and egg houses:

Ala.  Code § 6-5-127.

Ark.  Code § 2-4-101 et seq.

Ga. O.C.G.A. § 41-1-7.

Ky. Rev. Stat. Ann. § 413.072.

Miss.  Code Ann. § 95-3-29.

Mo. Rev. Stat. § 537.295.

N.C. Gen. Stat. § 106-700 et seq.

Va. Code § 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 6.

44-18-102. Nuisance action or proceeding against feedlot, dairy farm or poultry production house.

1. In any nuisance action or proceeding against a feedlot, dairy farm, or poultry production house brought by or on behalf of a person whose date of ownership of realty is subsequent to the established date of operation of the feedlot, dairy farm or poultry production house, proof of compliance with §§ 44-18-103 and 44-18-104 shall be an absolute defense; provided, that the conditions or circumstances alleged to constitute a nuisance are subject to regulatory jurisdiction in accordance with § 44-18-103 or § 44-18-104.
2. In any nuisance action or proceeding against a feedlot, dairy farm or poultry production house brought by or on behalf of a person whose date of ownership of realty precedes the established date of operation of the feedlot, dairy farm or poultry production house, but whose actual or proposed use of the realty for residential or commercial purposes is subsequent to the established date of operation of the feedlot, dairy farm or poultry production house, proof of compliance with §§ 44-18-103 and 44-18-104 shall be an absolute defense; provided, that the conditions or circumstances alleged to constitute a nuisance are subject to regulatory jurisdiction in accordance with § 44-18-103 or § 44-18-104.
3. The normal noises and appearance of the animals or fowls, the noises in the operation of the equipment or the appearance of the equipment, the odors normally associated with any feedlot, dairy farm or poultry production house, the appearance of a feedlot, dairy farm or poultry production house, or litter and/or manure additive that is designed to bind soluble phosphorous in conformity with the Tennessee Natural Resources Conservation Service (NRCS) interim conservation practice standard if used by any feedlot, dairy farm or poultry production house, shall not constitute grounds for any nuisance action or proceeding against a feedlot, dairy farm or poultry production house brought by or on behalf of a person whose date of ownership of realty is subsequent to the established date of operation of the feedlot, dairy farm or poultry production house.

Acts 1979, ch. 138, § 2; T.C.A., § 53-6702; Acts 2002, ch. 635, §§ 2, 3.

44-18-103. Applicability of rules of department.

1. This section shall apply to the department's rules except for rules required for delegation of the national pollutant discharge elimination system permit program pursuant to the Federal Water Pollution Control Act, Section 402, Public Law 92-500, 33 U.S.C. 1342, as amended.
2. The applicability of rules of the department, other than those issued under the Tennessee Air Quality Act, compiled in title 68, chapter 201, part 1, shall be as follows:
   1. A rule of the department in effect before April 12, 1979, shall apply to a feedlot, dairy farm or poultry production house with an established date of operation prior to April 12, 1979;
   2. A rule of the department shall apply to a feedlot, dairy farm or poultry production house with an established date of operation subsequent to the effective date of the rule;
   3. A rule of the department adopted after April 12, 1979, shall not apply to a feedlot, dairy farm or poultry production house holding any department permit and having an established date of operation prior to the effective date of the rule; and
   4. A rule of the department adopted after April 12, 1979, shall not apply to a feedlot, dairy farm or poultry production house not previously required to hold a department permit and having an established date of operation prior to the effective date of the rule.
3. The applicability of rules promulgated under the “Tennessee Air Quality Act,” compiled in title 68, chapter 201, part 1, shall be as follows:
   1. A rule of the department or the air pollution control board in effect on April 12, 1979, shall apply to a feedlot, dairy farm or poultry production house with an established date of operation prior to April 12, 1979;
   2. A rule of the department or the air pollution control board shall apply to a feedlot, dairy farm or poultry production house with an established date of operation subsequent to the effective date of the rule; and
   3. A rule of the department or the air pollution control board pertaining to a feedlot, dairy farm or poultry production house adopted after April 12, 1979, shall not apply to any feedlot, dairy farm or poultry production house having an established date of operation prior to the effective date of the rule.

Acts 1979, ch. 138, § 3; T.C.A., § 53-6703; Acts 1992, ch. 693, § 1; 2002, ch. 635, § 2.

44-18-104. Applicability of zoning requirements and regulations.

1. The applicability of zoning requirements is as follows:
   1. A zoning requirement shall apply to a feedlot, dairy farm or poultry production house with an established date of operation subsequent to the effective date of the zoning requirements;
   2. A zoning requirement shall not apply to a feedlot, dairy farm or poultry production house with an established date of operation prior to the effective date of the zoning requirement;
   3. A zoning requirement that is in effect on April 12, 1979, shall apply to a feedlot, dairy farm or poultry production house with an established date of operation prior to April 12, 1979; and
   4. A zoning requirement adopted by a city shall not apply to a feedlot, dairy farm or poultry production house that becomes located within an incorporated or unincorporated area subject to regulation by that city by virtue of an incorporation or annexation that takes effect after April 12, 1979.
2. A person shall comply with this section as a matter of law where no zoning requirement exists.
3. The applicability of regulations shall be as follows:
   1. A regulation shall apply to a feedlot, dairy farm or poultry production house with an established date of operation subsequent to the effective date of such regulation;
   2. A regulation shall not apply to a feedlot, dairy farm or poultry production house with an established date of operation prior to the effective date of the regulation;
   3. A regulation that is in effect on April 12, 1979, shall apply to a feedlot, dairy farm or poultry production house with an established date of operation prior to April 12, 1979; and
   4. A regulation adopted by a city shall not apply to a feedlot, dairy farm or poultry production house that becomes located within an incorporated or unincorporated area subject to regulation by such city by virtue of an incorporation or annexation that takes effect after April 12, 1979.
4. A person shall comply with this section as a matter of law where no regulation exists.

Acts 1979, ch. 138, § 4; T.C.A., § 53-6704; Acts 2002, ch. 635, § 2.

Attorney General Opinions. Based on the applicable definitions of “agriculture” and “agricultural,” concentrated animal feeding operations (CAFOs) clearly involve “agricultural” activities and the “agricultural” use of land and structures. Thus, a county is not authorized to regulate CAFOs under its zoning powers or its general powers. T.C.A. § 44-18-104 merely sets forth which zoning requirements and regulations apply when determining whether a feedlot, dairy farm, or poultry production house is to be afforded absolute immunity from a nuisance claim, but it does not provide authority for a county to enact zoning requirements or regulations. T.C.A. § 13-7-114, which prevents counties from using their zoning power to regulate structures and land used for agricultural purposes, is not in conflict with T.C.A. § 44-18-104 because there is no independent source of zoning power bestowed upon any local entity under this right-to-farm law. T.C.A § 44-18-104(b) and (d) do not direct compliance with the section when no zoning requirements or regulations exist. When no zoning requirements or regulations exist, these provisions convey that a person’s compliance with the section is deemed to be established as a matter of law. OAG 18-30, 2018 Tenn. AG LEXIS 29 (7/6/2018).

Cited: Shore v. Maple Lane Farms, LLC, — S.W.3d —, 2012 Tenn. App. LEXIS 229 (Tenn. Ct. App. Apr. 11, 2012).

44-19-101. Short title.

This chapter shall be known and may be cited as the “Dairy Industry Promotion Act.”

Acts 1984, ch. 948, § 1.

Comparative Legislation. Dairy industry promotion:

Ky. Rev. Stat. Ann. § 247.450 et seq.

Miss.  Code Ann. § 69-35-1 et seq.

Collateral References. Agriculture 2.

44-19-102. Legislative declaration.

It is declared that the general assembly finds that it is in the interest of the public welfare that Tennessee farmers who are producers of milk and milk products be permitted and encouraged to act jointly and in cooperation with other producers, handlers, dealers and processors of milk products in promoting and stimulating, by advertising, research, nutrition education and other methods, the increased consumption, use and sale of all domestic milk and milk products without identification by brand or trade name.

Acts 1984, ch. 948, § 2.

44-19-103. Chapter definitions.

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

1. “Commissioner” means the commissioner of agriculture;
2. “Department” means the department of agriculture;
3. “Handler” or “dealer” means any person, including any distributor, processor, bulk handler, or operator of a store, who purchases or receives on consignment or otherwise, milk or milk products of every kind and description, within the state, for sale, shipment, storage, processing or manufacture;
4. “Milk” means milk from cows and all of its natural components, sweet cream, sour cream, skim milk, flavored milk, buttermilk, condensed or concentrated, whole, low fat, or skim milk for use in milk products of every kind and description;
5. “Person” means any individual, corporation, partnership, association, cooperative or other business entity;
6. “Processor” means any person engaged in the business of processing milk and other materials into milk products of every kind and description;
7. “Producer” means every person in the state of Tennessee who produces milk or cream from cows and thereafter causes the same to be marketed as milk, cream or other milk and dairy products who has been issued and possesses a valid current producer's permit or certification, issued by the department;
8. “Purchaser” means any handler, dealer or processor who purchases or receives milk and milk products from producers on a commercial basis;
9. “Referendum” means any voting procedure under which affected producers may, by secret ballot, vote for or against an assessment authorized by this chapter;
10. “Tennessee dairy promotion committee” means a statewide committee appointed by the commissioner established pursuant to this chapter; and
11. “Vote” means to cast a ballot in a referendum.

Acts 1984, ch. 948, § 3.

44-19-104. Actions not illegal or in restraint of trade.

No association, meeting or activity undertaken pursuant to this chapter and intended to benefit all of the producers, handlers and processors of milk products shall be illegal or in restraint of trade.

Acts 1984, ch. 948, § 4.

44-19-105. Referendum on assessment authorized.

Producers of milk and milk products on a commercial basis may, by referendum of producers held in accordance with this chapter, levy upon themselves an assessment on milk products for the purpose of financing or contributing to the financing of a program of promoting, advertising, researching and other methods designed to increase the consumption, use and sale of domestic milk and milk products.

Acts 1984, ch. 948, § 5.

44-19-106. Petition for assessment.

Whenever the commissioner has received a petition signed by fifteen percent (15%) of the producers of milk in the state of Tennessee, the commissioner shall publish the filing of the petition through the medium of the public press in the state within fifteen (15) days of the receipt thereof. The petition shall include, but not be limited to, the following:

1. Date;
2. Amount of assessment sought, subject to the limits set forth in this chapter, and any change in assessment sought or the termination of an existing assessment;
3. The date when, if approved, the assessment, change in assessment or termination of an existing assessment will take effect; and
4. A statement that the persons signing the petition are producers in Tennessee holding a valid producer permit or certification issued by the department.

Acts 1984, ch. 948, § 6.

Cross-References. Petition of referendum on assent to or change in referendum, § 44-19-118.

44-19-107. Consideration and certification of petition.

Upon the filing with the commissioner of a petition for referendum, the commissioner shall, within fifteen (15) days thereafter, convene the Tennessee dairy promotion committee, established by § 44-19-114, to consider the petition; and if upon such consideration the committee finds the petition for referendum to meet the requirements of this chapter, then, and in such an event, it shall be the duty of the commissioner to certify the petition for referendum as provided in this chapter.

Acts 1984, ch. 948, § 7.

Cross-References. Tennessee dairy promotion committee, § 44-19-114.

44-19-108. Filing of petition — Effect of referendum.

The commissioner shall, within sixty (60) days after the filing of a petition for referendum, and subject to a finding by the Tennessee dairy promotion committee that the petition is properly filed, determine by referendum whether the producers assent to the proposed assessment, change in assessment or termination of an existing assessment. The producers shall be deemed to have assented to the assessment, change in assessment or termination of an existing assessment if a simple majority of those voting assent to the assessment, change in assessment or termination of an existing assessment by affirmative vote.

Acts 1984, ch. 948, § 8.

44-19-109. Conducting of referendum — Voting — Qualifications.

1. Any referendum conducted under this chapter shall be held on a statewide basis.
2. Persons eligible to participate in the referendum shall include all producers engaged in the production of milk products on a commercial basis, who have been issued and possess a valid current producer's permit, or certification, issued by the department.
3. In the referendum, individuals so eligible for participation shall have one (1) vote per permit or certificate.

Acts 1984, ch. 948, § 9.

44-19-110. Supervision and cost of referendum.

The manner, conduct, and management of any referendum held under this chapter shall be under the supervision and direction of the commissioner. The expense of the referendum shall be paid by the department if there is no assessment currently in effect; otherwise, the Tennessee dairy promotion committee shall bear the cost of the referendum as part of its regular budget.

Acts 1984, ch. 948, § 10.

44-19-111. Notice of referendum and assessment — Ballots.

With respect to any referendum conducted under this chapter, the commissioner shall, before calling and announcing such referendum, give notice of the effective date of the assessment, if adopted, and the amount and basis of the assessment proposed to be collected; provided, that no assessment levied under this chapter shall exceed ten cents (10¢) per hundred weight. Voting in the referendum shall be by mail ballots returned to an address determined and announced by the commissioner who shall mail a ballot to all qualified producers eligible to vote in the referendum.

Acts 1984, ch. 948, § 11.

44-19-112. Distribution of ballots — Declaration of results.

The commissioner shall prepare and distribute to all eligible voters, by mail, in advance of the referendum, all necessary ballots for the purpose thereof; and following the referendum and within ten (10) days following the return date for such ballots, the commissioner shall canvass and publicly declare the result of the referendum.

Acts 1984, ch. 948, § 12.

44-19-113. Implementation of results — Imposition, notice and disposition of assessment.

Upon the approval of an assessment or a change in assessment in accordance with this chapter, the commissioner shall notify forthwith, by certified mail, all persons engaged either in the business of purchasing milk directly from producers or marketing milk in this state, either individually or on behalf of producers, that on and after the date specified in such letter, the specified assessment shall be deducted from the producer's payment for the sale or marketing of milk. The assessment so deducted shall, on or before the twenty-fifth day of the month following the end of the month in which milk is sold or marketed, be remitted to the Tennessee dairy promotion committee established in this chapter. These funds, including donations from individuals, concerns, corporations and grants from state or governmental agencies, shall be used for the purpose of promoting and stimulating by advertising, research, nutrition education and other methods, the increased consumption, use and sale, of milk. The books and records relating to the payment of the assessment of all persons who purchase or market milk shall at all times during regular business hours be open for inspection by the commissioner or the commissioner's duly authorized agents.

Acts 1984, ch. 948, § 13.

44-19-114. Tennessee dairy promotion committee.

1. A Tennessee dairy promotion committee shall be established, which shall consist of an odd number of members with no fewer than five (5) and no more than eleven (11) members. The commissioner shall be an ex officio member with nonvoting status.
2. The committee shall be organized as a statewide committee appointed by the commissioner from nominations received from agricultural dairy cooperatives and individual producers who are not members of agricultural dairy cooperatives in the state of Tennessee, and shall be known as the Tennessee dairy promotion committee. Nominating procedures, qualifications, representation, and term of office shall be prescribed by the commissioner. The committee shall be composed of producers directly affected by the assessments in proportional representation by method of marketing either through agricultural dairy cooperatives or by direct sale, as the program shall prescribe.
3. A member of the committee shall be entitled to reimbursement for travel expenses in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter, and fifty dollars ($50.00) per diem while attending meetings of the committee or engaged in the performance of official responsibilities delegated by the committee.
4. The duties and responsibilities of the committee shall be prescribed by the commissioner and, to the extent applicable, shall include the following duties and responsibilities:
   1. Developing and recommending to the commissioner administrative rules and procedures relating to the assessment;
   2. Recommending to the commissioner such amendments to the administrative procedures as may be deemed advisable;
   3. Preparing and effectuating the estimated budget required for the proper operation of the committee;
   4. Developing methods for assessing producers, and methods for collecting the necessary funds;
   5. Collecting and assembling information and data necessary for the proper administration of the assessment program;
   6. Contracting with existing non-brand dairy promotion organizations; and
   7. Performing any other duties necessary for the operation of the dairy industry promotion program in coordination with the commissioner.

Acts 1984, ch. 948, § 14.

Compiler's Notes. The Tennessee dairy promotion committee, created by this section, terminates June 30, 2021. See §§ 4-29-112, 4-29-242.

44-19-115. Refund of promotion money.

If and when the national program pursuant to the Dairy and Tobacco Adjustment Act of 1983 (Public Law 98-180) establishes a procedure for the return of promotion moneys to the producer, at the producer's request, then and only then shall the Tennessee dairy promotion committee, upon written request of any producer, refund from the funds collected from that producer pursuant to this chapter the same proportion of moneys as the national program. The refund request by affidavit of the individual producers shall provide for the refund of moneys collected from that producer during the immediately preceding three-month period, except producers may request a partial refund. Refund forms shall be provided to producers at the producers' request by the committee, and producers desiring refunds shall file refund forms before the end of the month immediately following the three-month period for which the refund is being requested. Producers shall establish their right to a refund by providing copies of vouchers or sales receipts from processors or buyers showing contributions withheld from the producer pursuant to this chapter.

Acts 1984, ch. 948, § 15.

Compiler's Notes. The Dairy and Tobacco Adjustment Act of 1983 (Public Law 98-180) is codified as 7 U.S.C. §§ 608, 1314, 1379, 1421, 1427, 1445, 1446, 4501-4514, and 4531.

44-19-116. Deposits — Disbursements.

Any moneys collected pursuant to this chapter shall not be state funds, and shall be deposited in a bank or other depository in this state, as from time to time determined by the Tennessee dairy promotion committee, allocated to the dairy industry promotion program under which they are collected, and disbursed by the committee only for necessary expenses incurred with respect to the program, including expenses and per diem of the committee, in accordance with the rules and regulations established under the program by the commissioner.

Acts 1984, ch. 948, § 16.

44-19-117. Investments — Use of funds.

The Tennessee dairy promotion committee may invest all assessments, gifts or grants that are collected or received by the committee. The committee may not use funds received, collected or accrued for any purpose other than program operations including the purposes designated for those funds in this chapter, and the reasonable costs or expenses necessary to the operation of the committee. No such funds may be used to influence either state or federal legislation or rule making.

Acts 1984, ch. 948, § 17.

44-19-118. Change or termination of assessment — Petition — Referendum.

Upon written petition duly signed by fifteen percent (15%) of the producers affected by the assessment, the commissioner shall, in accordance with the procedure established  in §§ 44-19-109 — 44-19-112, conduct a referendum to determine whether the producers assent to a change of the assessment or to terminate the assessment. The producers shall be deemed to have assented to a change of the assessment or termination of assessment if a majority of those voting vote in favor of the change or termination.

Acts 1984, ch. 948, § 18.

Cross-References. Simple majority, § 44-19-108.

44-19-119. Reports — Information — Audits.

1. The commissioner may require purchasers to file such information and reports as may be reasonably necessary to assist in carrying out the purposes of this chapter.
2. The Tennessee dairy promotion committee shall prepare an annual report of its activities through June 30 of each year, and submit this report to the commissioner.
3. The annual report and all books of accounts and financial records of all funds received by assessment shall be subject to audit annually by the comptroller of the treasury. The audit may be performed by a licensed independent public accountant selected by the committee and approved by the comptroller of the treasury. The cost of any audit shall be paid by the committee. The comptroller of the treasury shall ensure that audits are prepared in accordance with generally accepted governmental auditing standards and determine if the audits meet minimum audit standards prescribed by the comptroller of the treasury. No audit may be accepted as meeting the requirements of this section until approved by the comptroller of the treasury.

Acts 1984, ch. 948, § 19.

44-19-120. Promulgation of rules and regulations.

The commissioner may make and promulgate such rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, as may be necessary to effectuate the provisions and intent of this chapter.

Acts 1984, ch. 948, § 20.

44-19-121. Orders and injunctions restraining violations — Unpaid assessments.

1. Whenever in the judgment of the commissioner or the Tennessee dairy promotion committee on recommendation to the commissioner, a purchaser is engaged in or is about to engage in any acts or practices that constitute a violation of any of the sections of this chapter, the commissioner may make application to a court of appropriate jurisdiction for an order enjoining the act or acts or practices and obtain a restraining order and preliminary injunction against the violation.
2. Any due and payable assessment shall constitute a personal debt of every person who is liable and the same sum shall be due and payable to the committee. In the event any person fails to pay the full amount of the person's assessment before the due date, the commissioner may add to the unpaid assessment an amount not exceeding ten percent (10%) of the amount due to defray the cost of enforcing collection. In the event any person fails to pay any due and payable assessment, the commissioner may bring a civil action against that person for collection, together with the above specified ten percent (10%).

Acts 1984, ch. 948, § 21.

44-19-122. Termination of assessments and chapter.

If there is a termination of assessments pursuant to the Dairy and Tobacco Adjustment Act of 1983 (Public Law 98-180), this chapter shall be null and void.

Acts 1984, ch. 948, § 22.

Compiler's Notes. The Dairy and Tobacco Adjustment Act of 1983 (Public Law 98-180) is codified as 608, 1314, 1379, 1421, 1427, 1445, 1446, 4501-4514, and 4531.

44-20-101. Legislative findings and intent.

The general assembly recognizes that persons who participate in equine activities may incur injuries as a result of the risks involved in such activities. The general assembly also finds that the state and its citizens derive numerous economic and personal benefits from these activities. It is, therefore, the intent of the general assembly to encourage equine activities by limiting the civil liability of those involved in such activities.

Acts 1992, ch. 974, § 2.

Law Reviews.

The New Equine Liability Statutes (Terence J. Centner), 62 Tenn. L. Rev. 997 (1995).

Comparative Legislation. Liability for injury or death resulting from equine activity:

Ga. O.C.G.A. § 4-12-1 et seq.

Va. Code § 3.1-796.130 et seq.

Cited: Teles v. Big Rock Stables, L.P., 419 F. Supp. 2d 1003, 2006 U.S. Dist. LEXIS 13035 (E.D. Tenn. Feb. 27, 2006).

44-20-102. Chapter definitions.

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

1. 1. “Engages in an equine activity” means riding, training, assisting in medical treatment of, driving, or being a passenger upon an equine, whether mounted or unmounted or any person assisting a participant or show management.
   2. “Engages in an equine activity” does not include being a spectator at an equine activity, except in cases where the spectator places the spectator's person in an unauthorized area and in immediate proximity to the equine activity;
2. “Equine” means a horse, pony, mule, donkey, or hinny;
3. “Equine activity” means:
   1. Equine shows, fairs, competitions, performances, or parades that involve any or all breeds of equines and any of the equine disciplines, including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, driving, pulling, cutting, polo, steeplechasing, English and western performance riding, endurance trail riding and western games, and hunting;
   2. Equine training or teaching activities, or both;
   3. Boarding equines;
   4. Riding, inspecting, or evaluating an equine belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect, or evaluate the equine;
   5. Rides, trips, hunts, or other equine activities of any type, however informal or impromptu, that are sponsored by an equine activity sponsor; and
   6. Placing or replacing horseshoes on an equine;
4. “Equine activity sponsor” means an individual, group, club, partnership, or corporation, whether or not the sponsor is operating for profit or nonprofit, that sponsors, organizes, or provides the facilities for an equine activity, including, but not limited to, pony clubs, 4-H clubs, hunt clubs, riding clubs, school and college-sponsored classes, programs and activities, therapeutic riding programs, and operators, instructors, and promoters of equine facilities, including, but not limited to, stables, clubhouses, ponyride strings, fairs, and arenas at which the activity is held;
5. “Equine professional” means a person engaged for compensation:
   1. In instructing a participant or renting to a participant an equine for the purpose of riding, driving, or being a passenger upon the equine; or
   2. In renting equipment or tack to a participant;
6. “Inherent risks of equine activities” means those dangers or conditions that are an integral part of equine activities, including, but not limited to:
   1. The propensity of an equine to behave in ways that may result in injury, harm, or death to persons on or around them;
   2. The unpredictability of an equine's reaction to such things as sounds, sudden movements, and unfamiliar objects, persons, or other animals;
   3. Certain hazards such as surface and subsurface conditions;
   4. Collisions with other equines or objects; and
   5. The potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within the participant's ability; and
7. “Participant” means any person, whether amateur or professional, who engages in an equine activity, whether or not a fee is paid to participate in the equine activity.

Acts 1992, ch. 974, § 3.

Cited: Teles v. Big Rock Stables, L.P., 419 F. Supp. 2d 1003, 2006 U.S. Dist. LEXIS 13035 (E.D. Tenn. Feb. 27, 2006); H & R Block E. Tax Servs. v. Dep't of Commerce & Industry, Div. of Ins., 267 S.W.3d 848, 2008 Tenn. App. LEXIS 53 (Tenn. Ct. App. Jan. 30, 2008).

44-20-103. Limitation on liability for injury or death of participant.

Except as provided in § 44-20-104, an equine activity sponsor, an equine professional, or any other person, which shall include a corporation or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities. Except as provided in § 44-20-104, no participant or participant's representative shall make any claim against, maintain an action against, or recover from an equine activity sponsor, an equine professional, or any other person for injury, loss, damage, or death of the participant resulting from any of the inherent risks of equine activities.

Acts 1992, ch. 974, § 4.

Cited: Teles v. Big Rock Stables, L.P., 419 F. Supp. 2d 1003, 2006 U.S. Dist. LEXIS 13035 (E.D. Tenn. Feb. 27, 2006).

44-20-104. Applicability — Where liability not prevented or limited.

1. This chapter shall not apply to the horse racing industry as regulated in title 4, chapter 36.
2. Nothing in § 44-20-103 shall prevent or limit the liability of an equine activity sponsor, an equine professional, or any other person if the equine activity sponsor, equine professional, or person:
   1. 1. Provided the equipment or tack, and knew or should have known that the equipment or tack was faulty, and the equipment or tack was faulty to the extent that it did cause the injury; or
      2. Provided the equine and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity and determine the ability of the participant to safely manage the particular equine based on the participant's representations of the participant's ability;
   2. Owns, leases, rents, or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition that was known to the equine activity sponsor, equine professional, or person and for which warning signs have not been conspicuously posted;
   3. Commits an act or omission that constitutes willful or wanton disregard for the safety of the participant, and that act or omission caused the injury; or
   4. Intentionally injures the participant.
3. Nothing in § 44-20-103 shall prevent or limit the liability of an equine activity sponsor or an equine professional:
   1. Under product liability provisions in title 29, chapter 28; or
   2. Under trespass provisions in chapter 8 of this title.
4. Title 70, chapter 7 does not apply to an equine activity sponsor or an equine professional. It is the legislative intent that equine activity sponsors and equine professionals be held to a higher standard of care.

Acts 1992, ch. 974, § 5.

44-20-105. Warning signs and notice.

1. Every equine professional shall post and maintain signs that contain the warning notice specified in subsection (b). The signs shall be placed in clearly visible locations on or near stables, corrals, or arenas where the equine professional conducts equine activities if the stables, corrals, or arenas are owned, managed, or controlled by the equine professional. The warning notice specified in subsection (b) shall appear on the sign in black letters, with each letter to be a minimum of one inch (1") in height. Every written contract entered into by an equine professional for the providing of professional services, instruction, or the rental of equipment or tack or an equine to a participant, whether or not the contract involves equine activities on or off the location or site of the equine professional's business, shall contain in clearly readable print the warning notice specified in subsection (b).
2. The signs and contracts described in subsection (a) shall contain the following warning notice:

   WARNING

   Under Tennessee Law, an equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to Tennessee Code Annotated, title 44, chapter 20.

Acts 1992, ch. 974, § 6.

Collateral References.

Validity, Construction, and Application of Statutory Exemptions from Liability for Persons Injured by Equine or Equestrian Activities. 79 A.L.R.6th 487.

44-21-101. Chapter definitions.

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

1. “Bovine activity” means any activity involving one (1) or more bovine, including, but not limited to:
   1. Grazing, herding, feeding, branding, milking or any other activity that involves the care or maintenance of bovine;
   2. Bovine shows, fairs, competitions or auctions;
   3. Bovine training or teaching activities;
   4. Boarding bovine; or
   5. Riding, inspecting, or evaluating bovine;
2. “Bovine owner” means any person with ownership rights to bovine;
3. “Inherent risks of bovine activities” means dangers or conditions that are an integral part of bovine activities, including, but not limited to:
   1. The propensity of a bovine to behave in ways that may result in injury, loss, damage or death to persons on or around the bovine;
   2. The unpredictability of a bovine's reaction to sounds, sudden movements, and unfamiliar objects, persons, or other animals;
   3. Certain hazards on the property, such as surface and subsurface conditions; or
   4. Collisions with other bovine or objects; and
4. “Person” means an individual, corporation or any other legal entity.

Acts 2011, ch. 74, § 1.

Effective Dates. Acts 2011, ch. 74, § 2. April 14, 2011.

44-21-102. No liability for inherent risks of bovine activities.

1. A bovine owner shall not be liable for any injury, loss, damage, or death of a person resulting from the inherent risks of bovine activities.
2. Except as provided in § 44-21-103, no person shall make any claim against, maintain an action against, or recover from a bovine owner for injury, loss, damage, or death of the person resulting from the inherent risks of bovine activities.

Acts 2011, ch. 74, § 1.

Effective Dates. Acts 2011, ch. 74, § 2. April 14, 2011.

44-21-103. Bovine owner activities that preclude limitations on liability.

1. Nothing in § 44-21-102 shall prevent or limit the liability of a bovine owner if the owner:
   1. Fails to post and maintain warning signs pursuant to § 44-21-104(a);
   2. Fails to maintain proper fences and enclosures pursuant to chapter 8 of this title; or
   3. Commits an act or omission that constitutes willful or wanton disregard for the safety of the person, and that act or omission caused the injury, loss, damage, or death.
2. Title 70, chapter 7 shall not apply to a bovine owner if the injury, loss, damage or death resulted from a bovine activity.

Acts 2011, ch. 74, § 1.

Effective Dates. Acts 2011, ch. 74, § 2. April 14, 2011.

44-21-104. Warning signs.

1. A bovine owner shall post and maintain signs that contain the warning notice specified in subsection (b). The signs shall be placed in clearly visible locations on or near stables, corrals, fences, enclosures or arenas where the owner conducts bovine activities. The warning notice specified in subsection (b) shall appear on the sign in black letters, with each letter to be a minimum of one inch (1") in height.
2. The signs described in subsection (a) shall contain the following warning notice:

   WARNING

   Under Tennessee Law, a bovine owner is not liable for any injury, loss, damage, or death of a person resulting from the inherent risks of bovine activities, pursuant to Tennessee Code Annotated, title 44, chapter 21.

Acts 2011, ch. 74, § 1.

Effective Dates. Acts 2011, ch. 74, § 2. April 14, 2011.