Tenn. Code Ann. § 43-38-512 — TN Code / Title 43 / Chapter 38 / Section 43-38-512
Notice of meetings
Status: in_force

(a) (1) Except as otherwise provided in this chapter or in the articles, written notice to all meetings of members must be given to every member entitled to vote on the matters to be considered, unless: (A) The meeting is an adjourned meeting and the date, time, and place of the meeting were announced at the time of adjournment; or (B) The following have been mailed by first class, certified or registered mail to a member at the address in the cooperative records and returned undeliverable: (i) Two (2) consecutive meeting notices; and (ii) All payments of distributions for the greater of a twelve-month period or two (2) distributions. (2) An action or meeting that is taken or held without notice under subdivision (a)(1)(B) has the same force and effect as if notice was given. If the member delivers a written notice of the member's current address to the cooperative, the notice requirement is reinstated. (3) Unless otherwise provided in the articles or bylaws, the record date for the determination of the owners of membership interests entitled to notice of and to vote at any meeting of members is the close of business and the date before the first notice is sent to the members. (b) The notice must contain the date, time and place of the meeting, and any other information required by this chapter. In the case of a meeting, other than the required annual meeting of the board of directors, the notice must contain a statement of the purposes of the meeting. The notice may also contain any other information required by the articles or bylaws or considered necessary or desirable by the person or persons calling the meeting. (c) A certificate of the secretary or other person giving notice that the notice required by this section has been given, in the absence of fraud, shall be prima facie evidence of the facts stated therein. (d) Notwithstanding provisions in the articles or bylaws to the contrary, all members and parties to contribution agreements or contribution allowance agreements, or both, shall be entitled to receive notices of the annual meetings of the members of a board-managed cooperative and notices of all meetings of a cooperative called for the purpose of considering any of the following actions: (1) Dissolution; (2) Liquidation; (3) Sale of all or substantially all of the assets of the cooperative outside the ordinary course of business; or (4) Merger. (e) The failure of the cooperative to properly notify the parties not entitled to vote on a matter shall not invalidate or void any action described in this section taken at the meeting. Acts 2004, ch. 534, § 20.
(a) (1) Except as otherwise provided in this chapter or in the articles, written notice to all meetings of members must be given to every member entitled to vote on the matters to be considered, unless: (A) The meeting is an adjourned meeting and the date, time, and place of the meeting were announced at the time of adjournment; or (B) The following have been mailed by first class, certified or registered mail to a member at the address in the cooperative records and returned undeliverable: (i) Two (2) consecutive meeting notices; and (ii) All payments of distributions for the greater of a twelve-month period or two (2) distributions. (2) An action or meeting that is taken or held without notice under subdivision (a)(1)(B) has the same force and effect as if notice was given. If the member delivers a written notice of the member's current address to the cooperative, the notice requirement is reinstated. (3) Unless otherwise provided in the articles or bylaws, the record date for the determination of the owners of membership interests entitled to notice of and to vote at any meeting of members is the close of business and the date before the first notice is sent to the members.
(1) Except as otherwise provided in this chapter or in the articles, written notice to all meetings of members must be given to every member entitled to vote on the matters to be considered, unless: (A) The meeting is an adjourned meeting and the date, time, and place of the meeting were announced at the time of adjournment; or (B) The following have been mailed by first class, certified or registered mail to a member at the address in the cooperative records and returned undeliverable: (i) Two (2) consecutive meeting notices; and (ii) All payments of distributions for the greater of a twelve-month period or two (2) distributions.
(A) The meeting is an adjourned meeting and the date, time, and place of the meeting were announced at the time of adjournment; or
(B) The following have been mailed by first class, certified or registered mail to a member at the address in the cooperative records and returned undeliverable: (i) Two (2) consecutive meeting notices; and (ii) All payments of distributions for the greater of a twelve-month period or two (2) distributions.
(i) Two (2) consecutive meeting notices; and
(ii) All payments of distributions for the greater of a twelve-month period or two (2) distributions.
(2) An action or meeting that is taken or held without notice under subdivision (a)(1)(B) has the same force and effect as if notice was given. If the member delivers a written notice of the member's current address to the cooperative, the notice requirement is reinstated.
(3) Unless otherwise provided in the articles or bylaws, the record date for the determination of the owners of membership interests entitled to notice of and to vote at any meeting of members is the close of business and the date before the first notice is sent to the members.
(b) The notice must contain the date, time and place of the meeting, and any other information required by this chapter. In the case of a meeting, other than the required annual meeting of the board of directors, the notice must contain a statement of the purposes of the meeting. The notice may also contain any other information required by the articles or bylaws or considered necessary or desirable by the person or persons calling the meeting.
(c) A certificate of the secretary or other person giving notice that the notice required by this section has been given, in the absence of fraud, shall be prima facie evidence of the facts stated therein.
(d) Notwithstanding provisions in the articles or bylaws to the contrary, all members and parties to contribution agreements or contribution allowance agreements, or both, shall be entitled to receive notices of the annual meetings of the members of a board-managed cooperative and notices of all meetings of a cooperative called for the purpose of considering any of the following actions: (1) Dissolution; (2) Liquidation; (3) Sale of all or substantially all of the assets of the cooperative outside the ordinary course of business; or (4) Merger.
(1) Dissolution;
(2) Liquidation;
(3) Sale of all or substantially all of the assets of the cooperative outside the ordinary course of business; or
(4) Merger.
(e) The failure of the cooperative to properly notify the parties not entitled to vote on a matter shall not invalidate or void any action described in this section taken at the meeting.
Acts 2004, ch. 534, § 20.
Tenn. Code Ann. § 43-38-115 — TN Code / Title 43 / Chapter 38 / Section 43-38-115
Unclaimed property
Status: in_force

(a) A cooperative may, in lieu of paying or delivering to the state the unclaimed property specified in its report of unclaimed property, distribute the unclaimed property to a corporation or organization that is exempt from taxation. A cooperative making the election to distribute unclaimed property shall file with the secretary of state: (1) A verified written explanation of the proof of claim of an owner establishing a right to receive the abandoned property; (2) Any error in the presumption of abandonment; (3) The name, address, and exemption number of the corporation or organization to which the property was or is to be distributed; and (4) The approximate date of distribution. (b) This section does not alter the procedure provided by law for cooperatives to report unclaimed property to the state and the requirement that claims of owners are made to the cooperatives for a period following the publication of lists of abandoned property. (c) The right of an owner to unclaimed property held by a cooperative is extinguished when the property is disbursed by the cooperative to a tax-exempt organization in accordance with this section. Acts 2004, ch. 534, § 12.
(a) A cooperative may, in lieu of paying or delivering to the state the unclaimed property specified in its report of unclaimed property, distribute the unclaimed property to a corporation or organization that is exempt from taxation. A cooperative making the election to distribute unclaimed property shall file with the secretary of state: (1) A verified written explanation of the proof of claim of an owner establishing a right to receive the abandoned property; (2) Any error in the presumption of abandonment; (3) The name, address, and exemption number of the corporation or organization to which the property was or is to be distributed; and (4) The approximate date of distribution.
(1) A verified written explanation of the proof of claim of an owner establishing a right to receive the abandoned property;
(2) Any error in the presumption of abandonment;
(3) The name, address, and exemption number of the corporation or organization to which the property was or is to be distributed; and
(4) The approximate date of distribution.
(b) This section does not alter the procedure provided by law for cooperatives to report unclaimed property to the state and the requirement that claims of owners are made to the cooperatives for a period following the publication of lists of abandoned property.
(c) The right of an owner to unclaimed property held by a cooperative is extinguished when the property is disbursed by the cooperative to a tax-exempt organization in accordance with this section.
Acts 2004, ch. 534, § 12.
Tenn. Code Ann. § 43-6-431 — TN Code / Title 43 / Chapter 6 / Section 43-6-431
General purpose - Construction
Status: in_force

This part is declared to be remedial in nature, and shall be liberally construed to effectuate its purposes. Acts 1989, ch. 350, § 18.
This part is declared to be remedial in nature, and shall be liberally construed to effectuate its purposes.
Acts 1989, ch. 350, § 18.
Tenn. Code Ann. § 43-8-105 — TN Code / Title 43 / Chapter 8 / Section 43-8-105
Defacing or destroying label, refusing information, false guaranty, revelation of formula, noncooperation with officials prohibited
Status: in_force

It is unlawful: (1) For any person to detach, alter, deface, or destroy, in whole or in part, any label or labeling provided for in this part and part 2 of this chapter or the rules and regulations promulgated hereunder, or to add any substance to, or take any substance from, a pesticide in a manner that may defeat the purposes of this part and part 2 of this chapter; (2) For any manufacturer, distributor, dealer, carrier, or other person to refuse, upon written request specifying the nature or kind of pesticide to which such request relates, to furnish to or permit any person designated by the commissioner to have access to and to copy such records of business transactions as may be essential in carrying out the purposes of this part and part 2 of this chapter; (3) For any person to give a guaranty or undertaking provided for in § 43-8-108 that is false in any particular, except that a person who receives and relies upon a guaranty authorized under § 43-8-108 may give a guaranty to the same effect, which guaranty shall contain, in addition to such person's own name and address, the name and address of the person residing in the United States from whom such person received the guaranty or undertaking; (4) For any person to use for the person's own advantage or to reveal, other than to the commissioner, or officials or employees of the state of Tennessee, or officials or employees of the United States department of agriculture, or other federal agencies, or to the courts in response to a subpoena, or to physicians, and in emergencies to pharmacists and other qualified persons, for use in the preparation of antidotes, in accordance with such directions as the commissioner may prescribe, any information relative to formulas of products acquired by authority of § 43-8-104 ; (5) For any person to oppose or interfere in any way with the commissioner or the commissioner's duly authorized agents in carrying out the duties imposed by this part and part 2 of this chapter; (6) For any person to handle, transport, store, display or distribute pesticides in such a manner as to endanger health and the environment or to endanger food, feed, or other products that may be transported, stored, displayed or distributed with such pesticides; or (7) For any person to dispose of, discard or store any pesticide or pesticide containers in such a manner as to cause injury to humans, vegetation, crops, livestock, wildlife, beneficial insects or to pollute any water supply or waterways. Acts 1951, ch. 150, § 3 (Williams, § 6808.9); T.C.A. (orig. ed.), § 43-704; Acts 1980, ch. 539, § 4; T.C.A. § 43-8-104 .
It is unlawful:
(1) For any person to detach, alter, deface, or destroy, in whole or in part, any label or labeling provided for in this part and part 2 of this chapter or the rules and regulations promulgated hereunder, or to add any substance to, or take any substance from, a pesticide in a manner that may defeat the purposes of this part and part 2 of this chapter;
(2) For any manufacturer, distributor, dealer, carrier, or other person to refuse, upon written request specifying the nature or kind of pesticide to which such request relates, to furnish to or permit any person designated by the commissioner to have access to and to copy such records of business transactions as may be essential in carrying out the purposes of this part and part 2 of this chapter;
(3) For any person to give a guaranty or undertaking provided for in § 43-8-108 that is false in any particular, except that a person who receives and relies upon a guaranty authorized under § 43-8-108 may give a guaranty to the same effect, which guaranty shall contain, in addition to such person's own name and address, the name and address of the person residing in the United States from whom such person received the guaranty or undertaking;
(4) For any person to use for the person's own advantage or to reveal, other than to the commissioner, or officials or employees of the state of Tennessee, or officials or employees of the United States department of agriculture, or other federal agencies, or to the courts in response to a subpoena, or to physicians, and in emergencies to pharmacists and other qualified persons, for use in the preparation of antidotes, in accordance with such directions as the commissioner may prescribe, any information relative to formulas of products acquired by authority of § 43-8-104 ;
(5) For any person to oppose or interfere in any way with the commissioner or the commissioner's duly authorized agents in carrying out the duties imposed by this part and part 2 of this chapter;
(6) For any person to handle, transport, store, display or distribute pesticides in such a manner as to endanger health and the environment or to endanger food, feed, or other products that may be transported, stored, displayed or distributed with such pesticides; or
(7) For any person to dispose of, discard or store any pesticide or pesticide containers in such a manner as to cause injury to humans, vegetation, crops, livestock, wildlife, beneficial insects or to pollute any water supply or waterways.
Acts 1951, ch. 150, § 3 (Williams, § 6808.9); T.C.A. (orig. ed.), § 43-704; Acts 1980, ch. 539, § 4; T.C.A. § 43-8-104 .
Tenn. Code Ann. § 43-29-102 — TN Code / Title 43 / Chapter 29 / Section 43-29-102
Legislative declaration - Separate and independent boards and programs
Status: in_force

(a) It is declared by the general assembly to be in the interest of the public welfare that Tennessee farmers who are producers of agricultural commodities shall be permitted and encouraged to act jointly and in cooperation with all purchasers, handlers, dealers, and processors of agricultural commodities in promoting, by advertising, research and other methods, the increased production, use and sale, both domestic and foreign, of any and all agricultural commodities. (b) It is further declared by the general assembly that this chapter is permissive by allowing producers of each separate agricultural commodity to form separate and independent commodity promotion boards under this chapter, and that each such board shall operate its own separate and independent assessment program. Acts 1985, ch. 188, § 2.
(a) It is declared by the general assembly to be in the interest of the public welfare that Tennessee farmers who are producers of agricultural commodities shall be permitted and encouraged to act jointly and in cooperation with all purchasers, handlers, dealers, and processors of agricultural commodities in promoting, by advertising, research and other methods, the increased production, use and sale, both domestic and foreign, of any and all agricultural commodities.
(b) It is further declared by the general assembly that this chapter is permissive by allowing producers of each separate agricultural commodity to form separate and independent commodity promotion boards under this chapter, and that each such board shall operate its own separate and independent assessment program.
Acts 1985, ch. 188, § 2.
Tenn. Code Ann. § 43-40-103 — TN Code / Title 43 / Chapter 40 / Section 43-40-103
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Commissioner" means the commissioner of agriculture; (2) "Forest products" include the following: (A) Products that are derived from woody biomass; (B) Forest wood waste, including residual tops and limbs of trees, unused cull trees, pre-commercial thinnings, and wood or debris from noncommercial tree species, slash or brush; and (C) Any wood chips or fibers or other organic substances and any inorganic substances recovered from forest wood waste or produced as byproducts of processing wood; and (3) "Incentives" means any tax exemption, tax credit, tax exclusion, tax deduction, rebate, investment, contract, or grant made available by the state to directly support the purchase of forest products. "Incentives" shall not mean any such benefit available under statutorily provided programs. Acts 2010, ch. 686, § 1.
As used in this chapter, unless the context otherwise requires:
(1) "Commissioner" means the commissioner of agriculture;
(2) "Forest products" include the following: (A) Products that are derived from woody biomass; (B) Forest wood waste, including residual tops and limbs of trees, unused cull trees, pre-commercial thinnings, and wood or debris from noncommercial tree species, slash or brush; and (C) Any wood chips or fibers or other organic substances and any inorganic substances recovered from forest wood waste or produced as byproducts of processing wood; and
(A) Products that are derived from woody biomass;
(B) Forest wood waste, including residual tops and limbs of trees, unused cull trees, pre-commercial thinnings, and wood or debris from noncommercial tree species, slash or brush; and
(C) Any wood chips or fibers or other organic substances and any inorganic substances recovered from forest wood waste or produced as byproducts of processing wood; and
(3) "Incentives" means any tax exemption, tax credit, tax exclusion, tax deduction, rebate, investment, contract, or grant made available by the state to directly support the purchase of forest products. "Incentives" shall not mean any such benefit available under statutorily provided programs.
Acts 2010, ch. 686, § 1.
Tenn. Code Ann. § 43-38-505 — TN Code / Title 43 / Chapter 38 / Section 43-38-505
Restrictions on assignment of governance rights
Status: in_force

In addition to restrictions set forth in this chapter, restrictions on the assignment of governance rights may be imposed in accordance with the procedures and under the same conditions as stated in § 43-38-503(c) for restricting the assignment of financial rights. Acts 2004, ch. 534, § 17.
In addition to restrictions set forth in this chapter, restrictions on the assignment of governance rights may be imposed in accordance with the procedures and under the same conditions as stated in § 43-38-503(c) for restricting the assignment of financial rights.
Acts 2004, ch. 534, § 17.
Tenn. Code Ann. § 43-16-125 — TN Code / Title 43 / Chapter 16 / Section 43-16-125
Liability of members for debts
Status: in_force

No member shall be liable for the debts of the association to an amount exceeding the sum remaining unpaid on the member's membership fee or the member's subscription to the capital stock, including any unpaid balance on any promissory notes given in payment of that amount. Acts 1923, ch. 100, § 15; Shan. Supp., § 2534a49; Code 1932, §3807; T.C.A. (orig. ed.), § 43-1825.
No member shall be liable for the debts of the association to an amount exceeding the sum remaining unpaid on the member's membership fee or the member's subscription to the capital stock, including any unpaid balance on any promissory notes given in payment of that amount.
Acts 1923, ch. 100, § 15; Shan. Supp., § 2534a49; Code 1932, §3807; T.C.A. (orig. ed.), § 43-1825.
Tenn. Code Ann. § 43-16-138 — TN Code / Title 43 / Chapter 16 / Section 43-16-138
Exemptions of agricultural products apply, though in possession of association
Status: in_force

Any exemptions whatsoever under all existing laws applying to agricultural products in the possession or under the control of the individual producer shall apply similarly and completely to such products delivered by its former members in the possession or under the control of the association. Acts 1923, ch. 100, § 22; Shan. Supp., § 2534a63; Code 1932, §3821; T.C.A. (orig. ed.), § 43-1839.
Any exemptions whatsoever under all existing laws applying to agricultural products in the possession or under the control of the individual producer shall apply similarly and completely to such products delivered by its former members in the possession or under the control of the association.
Acts 1923, ch. 100, § 22; Shan. Supp., § 2534a63; Code 1932, §3821; T.C.A. (orig. ed.), § 43-1839.
Tenn. Code Ann. § 43-16-122 — TN Code / Title 43 / Chapter 16 / Section 43-16-122
Bonds - Of whom required
Status: in_force

Every officer, employee, and agent handling funds or negotiable instruments or property of or for any association created under this chapter shall be required to execute and deliver adequate bond for the faithful performance of that person's duties and obligations. Acts 1923, ch. 100, § 14; Shan. Supp., § 2534a46; Code 1932, §3804; T.C.A. (orig. ed.), § 43-1822.
Every officer, employee, and agent handling funds or negotiable instruments or property of or for any association created under this chapter shall be required to execute and deliver adequate bond for the faithful performance of that person's duties and obligations.
Acts 1923, ch. 100, § 14; Shan. Supp., § 2534a46; Code 1932, §3804; T.C.A. (orig. ed.), § 43-1822.
Tenn. Code Ann. § 43-36-104 — TN Code / Title 43 / Chapter 36 / Section 43-36-104
[Repealed]
Status: repealed

Acts 1999, ch. 175, §5; repealed by Acts 2014 , ch. 503, § 2, effective 2/28/2014.
Tenn. Code Ann. § 43-19-109 — TN Code / Title 43 / Chapter 19 / Section 43-19-109
Attention to duty - Prompt delivery for shipment
Status: in_force

The proprietor or the proprietor's clerks shall be constant and prompt in their attendance at the warehouse for the reception and storage of tobacco, and promptly deliver tobacco to the planter or person entitled thereto, upon order for shipment. Acts 1870-1871, ch. 65, § 7; Shan., § 3387; Code 1932, § 6484; T.C.A. (orig. ed.), § 43-2109.
The proprietor or the proprietor's clerks shall be constant and prompt in their attendance at the warehouse for the reception and storage of tobacco, and promptly deliver tobacco to the planter or person entitled thereto, upon order for shipment.
Acts 1870-1871, ch. 65, § 7; Shan., § 3387; Code 1932, § 6484; T.C.A. (orig. ed.), § 43-2109.
Tenn. Code Ann. § 43-8-110 — TN Code / Title 43 / Chapter 8 / Section 43-8-110
"Stop sale, use, or removal" orders - Issuance and enforcement
Status: in_force

It is the duty of the commissioner to issue and enforce a written or printed "stop sale, use, or removal" order to the owner or custodian of any lot of pesticide and to hold at a designated place when the commissioner finds the pesticide is being offered or exposed for sale in violation of any of the provisions of this chapter, until the law has been complied with and the pesticide is released in writing by the commissioner or the violation has been otherwise legally disposed of by written authority; provided, that the owner or custodian of the pesticide shall have the right to appeal from such order to a court of competent jurisdiction in the county or city where the pesticides are found, praying for a judgment as to the justification of the order, and for the discharge of the pesticide from the order prohibiting the sale in accordance with the findings of the court; and provided further, that this section shall not be construed as limiting the right of the enforcement officer to proceed as authorized by other provisions of this part and part 2 of this chapter. The commissioner shall release the pesticide so withdrawn when the requirements of this part and part 2 of this chapter have been complied with and upon payment of all costs and expenses incurred in connection with the withdrawal. Acts 1951, ch. 150, § 9 (Williams, § 6808.15); T.C.A. (orig. ed.), § 43-710; Acts 1980, ch. 539, § 10.
It is the duty of the commissioner to issue and enforce a written or printed "stop sale, use, or removal" order to the owner or custodian of any lot of pesticide and to hold at a designated place when the commissioner finds the pesticide is being offered or exposed for sale in violation of any of the provisions of this chapter, until the law has been complied with and the pesticide is released in writing by the commissioner or the violation has been otherwise legally disposed of by written authority; provided, that the owner or custodian of the pesticide shall have the right to appeal from such order to a court of competent jurisdiction in the county or city where the pesticides are found, praying for a judgment as to the justification of the order, and for the discharge of the pesticide from the order prohibiting the sale in accordance with the findings of the court; and provided further, that this section shall not be construed as limiting the right of the enforcement officer to proceed as authorized by other provisions of this part and part 2 of this chapter. The commissioner shall release the pesticide so withdrawn when the requirements of this part and part 2 of this chapter have been complied with and upon payment of all costs and expenses incurred in connection with the withdrawal.
Acts 1951, ch. 150, § 9 (Williams, § 6808.15); T.C.A. (orig. ed.), § 43-710; Acts 1980, ch. 539, § 10.
Tenn. Code Ann. § 43-29-103 — TN Code / Title 43 / Chapter 29 / Section 43-29-103
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Case of eggs" means a standard thirty (30) dozen egg case; (2) "Commissioner" means the commissioner of agriculture; (3) "Commodity" means beef, corn, pork, and eggs, produced on a commercial basis; (4) "Corn" means all kinds of varieties of corn except popcorn, sweet corn, and ornamental corns; (5) "Department" means the department of agriculture; (6) "Egg" means a pullet egg or a hen egg and excludes all other types of eggs; (7) "Egg handler" or "egg dealer" means any person engaged as a wholesale distributor in the business of distributing or marketing eggs in Tennessee, regardless of where the eggs are produced; (8) "Person" means any individual, corporation, partnership, association, cooperative or other business; (9) "Processor" means any person engaged in the business of processing commodity products; (10) "Producer" means any person who produces a commodity and thereafter causes the commodity to be marketed; (11) "Purchaser" means any dealer or processor who purchases or receives such commodity from producers on a commercial basis; (12) "Qualified producer organization" means any agricultural organization, federation, or association that is organized as a "not for profit" organization under the laws of the state of Tennessee, and whose membership is fairly representative of farmers who are active producers of one (1) or more agricultural commodities covered under this chapter; (13) "Referendum" means any voting procedure under which affected producers may, by secret ballot, vote for or against an assessment authorized by this chapter; and (14) "Vote" means to cast a ballot on a referendum. Amended by 2018 Tenn. Acts, ch. 870,Secs.s1, s6 eff. 5/3/2018. Acts 1985, ch. 188, § 3.
As used in this chapter, unless the context otherwise requires:
(1) "Case of eggs" means a standard thirty (30) dozen egg case;
(2) "Commissioner" means the commissioner of agriculture;
(3) "Commodity" means beef, corn, pork, and eggs, produced on a commercial basis;
(4) "Corn" means all kinds of varieties of corn except popcorn, sweet corn, and ornamental corns;
(5) "Department" means the department of agriculture;
(6) "Egg" means a pullet egg or a hen egg and excludes all other types of eggs;
(7) "Egg handler" or "egg dealer" means any person engaged as a wholesale distributor in the business of distributing or marketing eggs in Tennessee, regardless of where the eggs are produced;
(8) "Person" means any individual, corporation, partnership, association, cooperative or other business;
(9) "Processor" means any person engaged in the business of processing commodity products;
(10) "Producer" means any person who produces a commodity and thereafter causes the commodity to be marketed;
(11) "Purchaser" means any dealer or processor who purchases or receives such commodity from producers on a commercial basis;
(12) "Qualified producer organization" means any agricultural organization, federation, or association that is organized as a "not for profit" organization under the laws of the state of Tennessee, and whose membership is fairly representative of farmers who are active producers of one (1) or more agricultural commodities covered under this chapter;
(13) "Referendum" means any voting procedure under which affected producers may, by secret ballot, vote for or against an assessment authorized by this chapter; and
(14) "Vote" means to cast a ballot on a referendum.
Amended by 2018 Tenn. Acts, ch. 870,Secs.s1, s6 eff. 5/3/2018.
Acts 1985, ch. 188, § 3.
Tenn. Code Ann. § 43-25-104 — TN Code / Title 43 / Chapter 25 / Section 43-25-104
Application for registration of name - Contents - Form
Status: in_force

(a) Any person desiring to register the name of that person's farm or farm home with the department shall make application for registration to the commissioner upon forms to be furnished by the commissioner. (b) The application shall give the name adopted for the farm or farm home and its post office address and rural route and shall be signed by the person making the application. Acts 1925, ch. 34, § 3; Shan. Supp., § 320a3; Code 1932, § 439; T.C.A. (orig. ed.), § 43-2504.
(a) Any person desiring to register the name of that person's farm or farm home with the department shall make application for registration to the commissioner upon forms to be furnished by the commissioner.
(b) The application shall give the name adopted for the farm or farm home and its post office address and rural route and shall be signed by the person making the application.
Acts 1925, ch. 34, § 3; Shan. Supp., § 320a3; Code 1932, § 439; T.C.A. (orig. ed.), § 43-2504.
Tenn. Code Ann. § 43-8-305 — TN Code / Title 43 / Chapter 8 / Section 43-8-305
Notice and hearing on violations - Injunctions for violations - Commissioner's subpoena power - Penalties - Petition for review
Status: in_force

(a) In the event the commissioner has reason to believe a licensee has violated any of the provisions of this part, including the rules and regulations promulgated under this part, the licensee shall be notified and a hearing shall be conducted in accordance with the contested case provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. (b) The commissioner, on determining that any person may have violated any provision of this part, may petition for injunctive relief from further violation. The petition shall be addressed to the chancery court in the county in which the offense occurred. The court, on determining that probable cause of a violation of this part exists, shall issue appropriate injunctive relief. (c) The commissioner has the power to subpoena any persons or records incident to the hearing and a charge of contumacy may be filed for those who refuse to comply. (d) Upon a finding that a violation has occurred, the commissioner may: (1) Issue a civil penalty not to exceed two thousand five hundred dollars ($2,500) per violation; (2) Permanently revoke the license; (3) Temporarily revoke the license; (4) Suspend the license for a definite period of time; or (5) Impose other conditions as are necessary for environmental or public safety. (e) The action of the commissioner may be reviewed by filing a petition for review in the chancery court of Davidson County in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. The decision of the commissioner shall remain final until modified by the commissioner or by the courts. Acts 1973, ch. 90, § 5; T.C.A., §§ 43-2905, 43-9-105; Acts 2006, ch. 626, § 2.
(a) In the event the commissioner has reason to believe a licensee has violated any of the provisions of this part, including the rules and regulations promulgated under this part, the licensee shall be notified and a hearing shall be conducted in accordance with the contested case provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3.
(b) The commissioner, on determining that any person may have violated any provision of this part, may petition for injunctive relief from further violation. The petition shall be addressed to the chancery court in the county in which the offense occurred. The court, on determining that probable cause of a violation of this part exists, shall issue appropriate injunctive relief.
(c) The commissioner has the power to subpoena any persons or records incident to the hearing and a charge of contumacy may be filed for those who refuse to comply.
(d) Upon a finding that a violation has occurred, the commissioner may: (1) Issue a civil penalty not to exceed two thousand five hundred dollars ($2,500) per violation; (2) Permanently revoke the license; (3) Temporarily revoke the license; (4) Suspend the license for a definite period of time; or (5) Impose other conditions as are necessary for environmental or public safety.
(1) Issue a civil penalty not to exceed two thousand five hundred dollars ($2,500) per violation;
(2) Permanently revoke the license;
(3) Temporarily revoke the license;
(4) Suspend the license for a definite period of time; or
(5) Impose other conditions as are necessary for environmental or public safety.
(e) The action of the commissioner may be reviewed by filing a petition for review in the chancery court of Davidson County in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. The decision of the commissioner shall remain final until modified by the commissioner or by the courts.
Acts 1973, ch. 90, § 5; T.C.A., §§ 43-2905, 43-9-105; Acts 2006, ch. 626, § 2.
Tenn. Code Ann. § 43-38-521 — TN Code / Title 43 / Chapter 38 / Section 43-38-521
Proxy voting prohibited
Status: in_force

Voting shall not be by proxy, except as provided in § 43-38-522(d) . Acts 2004, ch. 534, § 22.
Voting shall not be by proxy, except as provided in § 43-38-522(d) .
Acts 2004, ch. 534, § 22.
Tenn. Code Ann. § 43-38-1021 — TN Code / Title 43 / Chapter 38 / Section 43-38-1021
Discontinuation of dissolution for lack of cause
Status: in_force

The involuntary or supervised voluntary dissolution of a cooperative may be discontinued at any time during the dissolution proceedings, if it is established that cause for dissolution does not exist. The court shall dismiss the proceedings and direct the receiver, if any, to redeliver to the cooperative its remaining property and assets. Acts 2004, ch. 534, § 32.
The involuntary or supervised voluntary dissolution of a cooperative may be discontinued at any time during the dissolution proceedings, if it is established that cause for dissolution does not exist. The court shall dismiss the proceedings and direct the receiver, if any, to redeliver to the cooperative its remaining property and assets.
Acts 2004, ch. 534, § 32.
Tenn. Code Ann. § 43-38-112 — TN Code / Title 43 / Chapter 38 / Section 43-38-112
Fees and taxes
Status: in_force

Cooperatives created pursuant to this chapter shall be subject to the same fees and taxed in the same manner as nonprofit cooperative associations established pursuant to chapter 16 of this title. Acts 2004, ch. 534, § 10.
Cooperatives created pursuant to this chapter shall be subject to the same fees and taxed in the same manner as nonprofit cooperative associations established pursuant to chapter 16 of this title.
Acts 2004, ch. 534, § 10.
Tenn. Code Ann. § 43-19-112 — TN Code / Title 43 / Chapter 19 / Section 43-19-112
Prosecution for penalties - Duties of clerk and district attorney general - Fees
Status: in_force

The county clerk shall attend to all prosecutions for penalties under this chapter, for the use of the state, for which the county clerk shall receive ten percent (10%) on the sums collected and paid into the state treasury. The county clerk may, also, when necessary, call on the district attorney general to give attention to prosecutions for penalties under this chapter, for which service the district attorney general shall be allowed ten dollars ($10.00) to be taxed in the bill of costs, and when collected, shall be paid into the state treasury at the same time and in the same manner as other state revenue is by law required to be paid. Acts 1870-1871, ch. 65, § 24; impl. am. Acts 1897, ch. 41; Shan., § 3404; Code 1932, § 6503; impl. am. Acts 1978, ch. 934, §§ 22, 36; modified; T.C.A. (orig. ed.), § 43-2128.
The county clerk shall attend to all prosecutions for penalties under this chapter, for the use of the state, for which the county clerk shall receive ten percent (10%) on the sums collected and paid into the state treasury. The county clerk may, also, when necessary, call on the district attorney general to give attention to prosecutions for penalties under this chapter, for which service the district attorney general shall be allowed ten dollars ($10.00) to be taxed in the bill of costs, and when collected, shall be paid into the state treasury at the same time and in the same manner as other state revenue is by law required to be paid.
Acts 1870-1871, ch. 65, § 24; impl. am. Acts 1897, ch. 41; Shan., § 3404; Code 1932, § 6503; impl. am. Acts 1978, ch. 934, §§ 22, 36; modified; T.C.A. (orig. ed.), § 43-2128.
Tenn. Code Ann. § 43-16-135 — TN Code / Title 43 / Chapter 16 / Section 43-16-135
Purchase of property with preferred stock
Status: in_force

Whenever an association, organized under this chapter with preferred capital stock, purchases the stock or any property, or any interest in any property of any person, it may discharge the obligations so incurred, wholly or in part, by exchanging for the acquired interest, shares of its preferred capital stock to an amount that at par value would equal the fair market value of the stock or interest so purchased, as determined by the board of directors. In that case, the transfer to the association of the stock or interest purchased shall be equivalent to payment in cash for the shares of stock issued. Acts 1923, ch. 100, § 20; Shan. Supp., § 2534a60; Code 1932, §3818; T.C.A. (orig. ed.), § 43-1836.
Whenever an association, organized under this chapter with preferred capital stock, purchases the stock or any property, or any interest in any property of any person, it may discharge the obligations so incurred, wholly or in part, by exchanging for the acquired interest, shares of its preferred capital stock to an amount that at par value would equal the fair market value of the stock or interest so purchased, as determined by the board of directors. In that case, the transfer to the association of the stock or interest purchased shall be equivalent to payment in cash for the shares of stock issued.
Acts 1923, ch. 100, § 20; Shan. Supp., § 2534a60; Code 1932, §3818; T.C.A. (orig. ed.), § 43-1836.
Tenn. Code Ann. § 43-38-529 — TN Code / Title 43 / Chapter 38 / Section 43-38-529
Member liability
Status: in_force

A member is not, merely on account of that status, personally liable for the acts, debts, liabilities, or obligations of a cooperative. A member is liable for any unpaid subscription for the membership interest, unpaid membership fees, or a debt for which the member has separately contracted with the cooperative. Acts 2004, ch. 534, § 22.
A member is not, merely on account of that status, personally liable for the acts, debts, liabilities, or obligations of a cooperative. A member is liable for any unpaid subscription for the membership interest, unpaid membership fees, or a debt for which the member has separately contracted with the cooperative.
Acts 2004, ch. 534, § 22.
Tenn. Code Ann. § 43-26-102 — TN Code / Title 43 / Chapter 26 / Section 43-26-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Farm" means the land, buildings, and machinery used in the commercial production of farm products and nursery stock as defined in § 70-8-303 ; (2) "Farm operation" means a condition or activity that occurs on a farm in connection with the commercial production of farm products or nursery stock as defined in § 70-8-303 , and includes, but is not limited to: marketed produce at roadside stands or farm markets; noise; odors; dust; fumes; operation of machinery and irrigation pumps; ground and aerial seeding and spraying; the application of chemical fertilizers, conditioners, insecticides, pesticides, and herbicides; the employment and use of labor; marketing of farm products in conjunction with the production of farm products thereof; and any other form of agriculture as defined in § 43-1-113 ; and (3) "Farm product" means those plants and animals useful to man and includes, but is not limited to, forages and sod crops; grains and feed crops; dairy and dairy products; poultry and poultry products; livestock, including breeding and grazing; fruits; vegetables; flowers; seeds; grasses; hemp, as defined in § 43-27-101 ; trees; fish; apiaries; equine and other similar products; or any other product that incorporates the use of food, feed, fiber or fur. (4) [Deleted by 2019 amendment.] Amended by 2019 Tenn. Acts, ch. 87, Secs.s 5, s 6eff. 4/4/2019. Amended by 2017 Tenn. Acts, ch. 369, s 1, eff. 5/11/2017. Amended by 2014 Tenn. Acts, ch. 581, s 3, eff. 3/28/2014. Amended by 2016 Tenn. Acts, ch. 891, s 1, eff. 4/27/2016. Amended by 2014 Tenn. Acts, ch. 916, s 4, eff. 7/1/2014. Amended by 2014 Tenn. Acts, ch. 916, s 3, eff. 7/1/2014. Acts 1982, ch. 609, § 2; 2002, ch. 592, §§ 1, 2.
As used in this chapter, unless the context otherwise requires:
(1) "Farm" means the land, buildings, and machinery used in the commercial production of farm products and nursery stock as defined in § 70-8-303 ;
(2) "Farm operation" means a condition or activity that occurs on a farm in connection with the commercial production of farm products or nursery stock as defined in § 70-8-303 , and includes, but is not limited to: marketed produce at roadside stands or farm markets; noise; odors; dust; fumes; operation of machinery and irrigation pumps; ground and aerial seeding and spraying; the application of chemical fertilizers, conditioners, insecticides, pesticides, and herbicides; the employment and use of labor; marketing of farm products in conjunction with the production of farm products thereof; and any other form of agriculture as defined in § 43-1-113 ; and
(3) "Farm product" means those plants and animals useful to man and includes, but is not limited to, forages and sod crops; grains and feed crops; dairy and dairy products; poultry and poultry products; livestock, including breeding and grazing; fruits; vegetables; flowers; seeds; grasses; hemp, as defined in § 43-27-101 ; trees; fish; apiaries; equine and other similar products; or any other product that incorporates the use of food, feed, fiber or fur.
(4) [Deleted by 2019 amendment.]
Amended by 2019 Tenn. Acts, ch. 87, Secs.s 5, s 6eff. 4/4/2019.
Amended by 2017 Tenn. Acts, ch. 369, s 1, eff. 5/11/2017.
Amended by 2014 Tenn. Acts, ch. 581, s 3, eff. 3/28/2014.
Amended by 2016 Tenn. Acts, ch. 891, s 1, eff. 4/27/2016.
Amended by 2014 Tenn. Acts, ch. 916, s 4, eff. 7/1/2014.
Amended by 2014 Tenn. Acts, ch. 916, s 3, eff. 7/1/2014.
Acts 1982, ch. 609, § 2; 2002, ch. 592, §§ 1, 2.
Tenn. Code Ann. § 43-40-102 — TN Code / Title 43 / Chapter 40 / Section 43-40-102
Purpose
Status: in_force

The general assembly recognizes the enormous contribution that the Tennessee forest products industry makes to the state. The continued health of the industry is vital to Tennessee's economic well-being. A fair and equitable process for awarding state incentives to the forest products industry is necessary to maintain economic viability. The purpose of this chapter is to provide for a procedure that will ensure an open process for the awarding of incentives, that encourages the use of forest products but does not give an unfair advantage to one (1) segment of the forest products industry over another, and that does not put existing businesses at a competitive disadvantage. Acts 2010, ch. 686, § 1.
The general assembly recognizes the enormous contribution that the Tennessee forest products industry makes to the state. The continued health of the industry is vital to Tennessee's economic well-being. A fair and equitable process for awarding state incentives to the forest products industry is necessary to maintain economic viability. The purpose of this chapter is to provide for a procedure that will ensure an open process for the awarding of incentives, that encourages the use of forest products but does not give an unfair advantage to one (1) segment of the forest products industry over another, and that does not put existing businesses at a competitive disadvantage.
Acts 2010, ch. 686, § 1.
Tenn. Code Ann. § 43-38-812 — TN Code / Title 43 / Chapter 38 / Section 43-38-812
Costs and fees of judicial appraisal
Status: in_force

(a) The court in an appraisal proceeding commenced under § 43-38-811 shall determine all costs of the proceeding including the reasonable compensation and expenses of appraisers appointed by the court. The court shall assess the costs against the cooperative, except that the court may assess costs against all or some of the dissenters, in amounts the court finds equitable, to the extent the court finds the dissenters acted arbitrarily, vexatiously, or not in good faith in demanding payment under § 43-38-810 . (b) The court may also assess the fees and expenses of counsel and experts for the respective parties in amounts the court finds equitable: (1) Against the cooperative and in favor of any or all dissenters if the court finds the cooperative did not substantially comply with the requirements of §§ 43-38-802 - 43-38-810. (2) Against either the cooperative or a dissenter, in favor of any other party, if the court finds that the party against whom the fees and expenses are assessed acted arbitrarily, vexatiously, or not in good faith with respect to the rights provided by this part. (c) If the court finds that the services of counsel for any dissenter were of substantial benefit to other dissenters similarly situated, and that the fees for those services should not be assessed against the cooperative, the court may award to counsel reasonable fees to be paid out of the amounts awarded to the dissenters who were benefited. Acts 2004, ch. 534, § 27.
(a) The court in an appraisal proceeding commenced under § 43-38-811 shall determine all costs of the proceeding including the reasonable compensation and expenses of appraisers appointed by the court. The court shall assess the costs against the cooperative, except that the court may assess costs against all or some of the dissenters, in amounts the court finds equitable, to the extent the court finds the dissenters acted arbitrarily, vexatiously, or not in good faith in demanding payment under § 43-38-810 .
(b) The court may also assess the fees and expenses of counsel and experts for the respective parties in amounts the court finds equitable: (1) Against the cooperative and in favor of any or all dissenters if the court finds the cooperative did not substantially comply with the requirements of §§ 43-38-802 - 43-38-810. (2) Against either the cooperative or a dissenter, in favor of any other party, if the court finds that the party against whom the fees and expenses are assessed acted arbitrarily, vexatiously, or not in good faith with respect to the rights provided by this part.
(1) Against the cooperative and in favor of any or all dissenters if the court finds the cooperative did not substantially comply with the requirements of §§ 43-38-802 - 43-38-810.
(2) Against either the cooperative or a dissenter, in favor of any other party, if the court finds that the party against whom the fees and expenses are assessed acted arbitrarily, vexatiously, or not in good faith with respect to the rights provided by this part.
(c) If the court finds that the services of counsel for any dissenter were of substantial benefit to other dissenters similarly situated, and that the fees for those services should not be assessed against the cooperative, the court may award to counsel reasonable fees to be paid out of the amounts awarded to the dissenters who were benefited.
Acts 2004, ch. 534, § 27.
Tenn. Code Ann. § 43-27-106 — TN Code / Title 43 / Chapter 27 / Section 43-27-106
Stop movement or destruction order for plant or product exceeding authorized concentrations - Penalties - Evidence
Status: in_force

(a) When the commissioner or the commissioner's authorized agent finds any cannabis or cannabis product to contain THC concentrations greater than three-tenths of one percent (0.3%) on a dry weight basis, the commissioner may issue either a written stop movement order or written destruction order for the plant or product, as appropriate to best serve the public interest and purpose of this chapter. (b) Any person who negligently violates this chapter or rules promulgated under this chapter is subject to administrative action by the department including denial or revocation of any license issued under this chapter; issuance of stop movement orders, destruction orders, and civil penalties; and actions for injunction. Negligent violations of this chapter or rules promulgated under this chapter shall not be the basis for criminal prosecution of any person. (c) Any person who violates this chapter or rules promulgated under this chapter with a culpable mental state greater than negligence shall be subject to prosecution under any applicable state or federal law. If the department determines that a person has violated this chapter or rules promulgated under this chapter with a culpable mental state greater than negligence, the department shall report the matter to the Tennessee bureau of investigation and the United States attorney general. (d) In all proceedings brought to enforce this chapter, proof of testing consistent with rules promulgated under this chapter showing THC concentrations greater than three-tenths of one percent (0.3%), but not greater than one percent (1.0%), on a dry weight basis is prima facie evidence of a negligent violation of this chapter. (e) In all proceedings brought to enforce this chapter, the following are prima facie evidence of violation with a culpable mental state greater than negligence: (1) Proof of testing consistent with rules promulgated under this chapter showing THC concentrations greater than one percent (1.0%) on a dry weight basis; (2) Three (3) violations within a five-year period for possession of rooted hemp without a valid license issued by the department; or (3) Violation of any stop movement or destruction order issued under this chapter. (f) Any person whose license is revoked for violation of this chapter or rules promulgated under this chapter is ineligible for reissuance of the license for a period of at least five (5) years. (g) It is an exception to the application of this section that the only cannabis with a THC concentration greater than three-tenths of one percent (0.3%) on a dry weight basis in the person's possession was hemp concentrate and the person was transporting the hemp concentrate within this state from the location where the hemp concentrate was produced to a location where the hemp concentrate was to be reconstituted into consumer products with a THC concentration of not more than three-tenths of one percent (0.3%); provided, however, that the person transporting the hemp concentrate under this subsection (g) must maintain proof of a grower's license from the department in the transport vehicle. Added by 2019 Tenn. Acts, ch. 87, s 12, eff. 4/4/2019.
(a) When the commissioner or the commissioner's authorized agent finds any cannabis or cannabis product to contain THC concentrations greater than three-tenths of one percent (0.3%) on a dry weight basis, the commissioner may issue either a written stop movement order or written destruction order for the plant or product, as appropriate to best serve the public interest and purpose of this chapter.
(b) Any person who negligently violates this chapter or rules promulgated under this chapter is subject to administrative action by the department including denial or revocation of any license issued under this chapter; issuance of stop movement orders, destruction orders, and civil penalties; and actions for injunction. Negligent violations of this chapter or rules promulgated under this chapter shall not be the basis for criminal prosecution of any person.
(c) Any person who violates this chapter or rules promulgated under this chapter with a culpable mental state greater than negligence shall be subject to prosecution under any applicable state or federal law. If the department determines that a person has violated this chapter or rules promulgated under this chapter with a culpable mental state greater than negligence, the department shall report the matter to the Tennessee bureau of investigation and the United States attorney general.
(d) In all proceedings brought to enforce this chapter, proof of testing consistent with rules promulgated under this chapter showing THC concentrations greater than three-tenths of one percent (0.3%), but not greater than one percent (1.0%), on a dry weight basis is prima facie evidence of a negligent violation of this chapter.
(e) In all proceedings brought to enforce this chapter, the following are prima facie evidence of violation with a culpable mental state greater than negligence: (1) Proof of testing consistent with rules promulgated under this chapter showing THC concentrations greater than one percent (1.0%) on a dry weight basis; (2) Three (3) violations within a five-year period for possession of rooted hemp without a valid license issued by the department; or (3) Violation of any stop movement or destruction order issued under this chapter.
(1) Proof of testing consistent with rules promulgated under this chapter showing THC concentrations greater than one percent (1.0%) on a dry weight basis;
(2) Three (3) violations within a five-year period for possession of rooted hemp without a valid license issued by the department; or
(3) Violation of any stop movement or destruction order issued under this chapter.
(f) Any person whose license is revoked for violation of this chapter or rules promulgated under this chapter is ineligible for reissuance of the license for a period of at least five (5) years.
(g) It is an exception to the application of this section that the only cannabis with a THC concentration greater than three-tenths of one percent (0.3%) on a dry weight basis in the person's possession was hemp concentrate and the person was transporting the hemp concentrate within this state from the location where the hemp concentrate was produced to a location where the hemp concentrate was to be reconstituted into consumer products with a THC concentration of not more than three-tenths of one percent (0.3%); provided, however, that the person transporting the hemp concentrate under this subsection (g) must maintain proof of a grower's license from the department in the transport vehicle.
Added by 2019 Tenn. Acts, ch. 87, s 12, eff. 4/4/2019.
Tenn. Code Ann. § 43-8-306 — TN Code / Title 43 / Chapter 8 / Section 43-8-306
Violations - Penalties
Status: in_force

Operating as a commercial aerial applicator without a license, using or applying a pesticide in a manner that is not consistent with the label or label restrictions, or otherwise violating this part, including any rules or regulations, is a Class A misdemeanor. Acts 1973, ch. 90, § 6; 1977, ch. 210, § 3; T.C.A., §§ 43-2906, 43-9-106; Acts 1989, ch. 591, § 113; 2003, ch. 120, § 3.
Operating as a commercial aerial applicator without a license, using or applying a pesticide in a manner that is not consistent with the label or label restrictions, or otherwise violating this part, including any rules or regulations, is a Class A misdemeanor.
Acts 1973, ch. 90, § 6; 1977, ch. 210, § 3; T.C.A., §§ 43-2906, 43-9-106; Acts 1989, ch. 591, § 113; 2003, ch. 120, § 3.
Tenn. Code Ann. § 43-38-517 — TN Code / Title 43 / Chapter 38 / Section 43-38-517
Procedure for taking action without a meeting on written consent
Status: in_force

(a) To take action on written consent: (1) A written waiver of acting at a meeting must be signed by all members, or a smaller number or percentage interest as provided for in the articles or bylaws, but not less than a majority in voting power; and (2) A written consent must be signed by members who own membership interests with voting power equal to the voting power that would be required to take the same action at a meeting of the members at which all members are present. (b) The action must be evidenced by one (1) or more instruments evidencing the waiver and consent, which shall be delivered to the secretary for inclusion in the records of the cooperative. All such instruments may be signed in counterparts. (c) If not otherwise determined under § 43-38-526 , the record date for determining members entitled to take action without a meeting is the date the first member signs the consent under subsection (a). (d) Unless otherwise provided in the articles or the bylaws, the action on written consent is effective when the last required member signs the waiver and written consent, unless a different effective time is provided in the instrument evidencing the written consent itself. Acts 2004, ch. 534, § 21.
(a) To take action on written consent: (1) A written waiver of acting at a meeting must be signed by all members, or a smaller number or percentage interest as provided for in the articles or bylaws, but not less than a majority in voting power; and (2) A written consent must be signed by members who own membership interests with voting power equal to the voting power that would be required to take the same action at a meeting of the members at which all members are present.
(1) A written waiver of acting at a meeting must be signed by all members, or a smaller number or percentage interest as provided for in the articles or bylaws, but not less than a majority in voting power; and
(2) A written consent must be signed by members who own membership interests with voting power equal to the voting power that would be required to take the same action at a meeting of the members at which all members are present.
(b) The action must be evidenced by one (1) or more instruments evidencing the waiver and consent, which shall be delivered to the secretary for inclusion in the records of the cooperative. All such instruments may be signed in counterparts.
(c) If not otherwise determined under § 43-38-526 , the record date for determining members entitled to take action without a meeting is the date the first member signs the consent under subsection (a).
(d) Unless otherwise provided in the articles or the bylaws, the action on written consent is effective when the last required member signs the waiver and written consent, unless a different effective time is provided in the instrument evidencing the written consent itself.
Acts 2004, ch. 534, § 21.
Tenn. Code Ann. § 43-38-119 — TN Code / Title 43 / Chapter 38 / Section 43-38-119
Preparation of annual reports
Status: in_force

(a) A cooperative shall prepare financial statements at least annually, which may be consolidated or combined statements of the cooperative and one (1) or more of its subsidiaries, as appropriate, that include a balance sheet as of the end of the reporting period and an income statement for that period. If financial statements are prepared for the cooperative on the basis of generally accepted accounting principles, the financial statements of any subsidiary must also be prepared on that basis. If requested in writing by any member or holder of financial rights, the cooperative shall furnish the statements to such person as set out in subsection (c). (b) If the annual financial statements are reported by a public accountant, the accountant's report must accompany them. If not, the statements must be accompanied by a statement of the chief manager or the person responsible for the cooperative's accounting records: (1) Stating that person's reasonable belief whether the statements were prepared on the basis of generally accepted accounting principles and, if not, describing the basis of preparation; and (2) Describing any respects in which the statements were not prepared on a basis for accounting consistent with the statements prepared for the preceding year. (c) A cooperative shall mail the annual financial statements to each requesting member or holder of financial rights, within one (1) month after notice of the request; provided however, that with respect to the financial statements for the most recently completed fiscal year, the statements shall be mailed to the member within four (4) months after the close of the fiscal year. Acts 2004, ch. 534, § 23.
(a) A cooperative shall prepare financial statements at least annually, which may be consolidated or combined statements of the cooperative and one (1) or more of its subsidiaries, as appropriate, that include a balance sheet as of the end of the reporting period and an income statement for that period. If financial statements are prepared for the cooperative on the basis of generally accepted accounting principles, the financial statements of any subsidiary must also be prepared on that basis. If requested in writing by any member or holder of financial rights, the cooperative shall furnish the statements to such person as set out in subsection (c).
(b) If the annual financial statements are reported by a public accountant, the accountant's report must accompany them. If not, the statements must be accompanied by a statement of the chief manager or the person responsible for the cooperative's accounting records: (1) Stating that person's reasonable belief whether the statements were prepared on the basis of generally accepted accounting principles and, if not, describing the basis of preparation; and (2) Describing any respects in which the statements were not prepared on a basis for accounting consistent with the statements prepared for the preceding year.
(1) Stating that person's reasonable belief whether the statements were prepared on the basis of generally accepted accounting principles and, if not, describing the basis of preparation; and
(2) Describing any respects in which the statements were not prepared on a basis for accounting consistent with the statements prepared for the preceding year.
(c) A cooperative shall mail the annual financial statements to each requesting member or holder of financial rights, within one (1) month after notice of the request; provided however, that with respect to the financial statements for the most recently completed fiscal year, the statements shall be mailed to the member within four (4) months after the close of the fiscal year.
Acts 2004, ch. 534, § 23.
Tenn. Code Ann. § 43-38-526 — TN Code / Title 43 / Chapter 38 / Section 43-38-526
Determination of the owners of membership interests
Status: in_force

(a) The articles or bylaws may fix a "record date" for the determination of the owners of membership interests entitled to notice of and entitled to vote at a meeting, to demand a meeting, to vote or to take any other action. When a date is so fixed, only members on that date are entitled to notice of and permitted to vote at that meeting of members or to take any other action on the subject of this notice. If no date is so fixed, the record date is the close of business the business day before the first notice is sent. (b) The secretary of the cooperative shall prepare a list of the names of all members who are entitled to vote at the meeting of the members and show the address of and membership interest or interests held by each member as reflected in the records of the cooperative. (c) The list must be available for inspection and copying by any member, beginning two (2) business days after notice of the meeting is given for which the list was prepared and continuing through the meeting, at the cooperative's principal executive office or at a place identified in the meeting notice in the city where the meeting will be held. A violation of this subsection (c) entitles any member seeking to inspect the list to equitable relief under § 43-38-705 . Acts 2004, ch. 534, § 22.
(a) The articles or bylaws may fix a "record date" for the determination of the owners of membership interests entitled to notice of and entitled to vote at a meeting, to demand a meeting, to vote or to take any other action. When a date is so fixed, only members on that date are entitled to notice of and permitted to vote at that meeting of members or to take any other action on the subject of this notice. If no date is so fixed, the record date is the close of business the business day before the first notice is sent.
(b) The secretary of the cooperative shall prepare a list of the names of all members who are entitled to vote at the meeting of the members and show the address of and membership interest or interests held by each member as reflected in the records of the cooperative.
(c) The list must be available for inspection and copying by any member, beginning two (2) business days after notice of the meeting is given for which the list was prepared and continuing through the meeting, at the cooperative's principal executive office or at a place identified in the meeting notice in the city where the meeting will be held. A violation of this subsection (c) entitles any member seeking to inspect the list to equitable relief under § 43-38-705 .
Acts 2004, ch. 534, § 22.
Tenn. Code Ann. § 43-1-701 — TN Code / Title 43 / Chapter 1 / Section 43-1-701
Establishment - Source of fund - Accounting - Interest - Investment - Expenditures
Status: in_force

(a) There is established within the general fund a special agency account to be known as the Tennessee agricultural regulatory fund, referred to in this part as "the fund." (b) Notwithstanding any law to the contrary, there shall be deposited in the fund all moneys collected pursuant to the following: (1) The Tennessee Plant Pest Act, compiled in chapter 6, part 1, of this title; (2) The Tennessee Insecticide, Fungicide, and Rodenticide Act, compiled in chapter 8, parts 1 and 2 of this title; (3) Chapter 8, part 3, of this title, relative to the aerial application of pesticides; (4) The Tennessee Seed Law of 1986, compiled in chapter 10 of this title; (5) The Tennessee Commercial Fertilizer Law of 1969, compiled in chapter 11, part 1 of this title; (6) The Tennessee Agricultural Liming Materials Act, compiled in chapter 11, part 4 of this title; (7) Section 43-27-104 , relative to hemp; (8) The Tennessee Commercial Feed Law of 1972, compiled in title 44, chapter 6; (9) Title 44, chapter 7, relative to marks, brands, registration, and certification; (10) The Tennessee Livestock Dealer Act, compiled in title 44, chapter 10, part 2; (11) Title 44, chapter 11, relative to livestock sales; (12) Title 44, chapter 16, relative to baby chicks; (13) Title 47, chapter 26, relative to weights and measures; (14) The Tennessee Food, Drug and Cosmetic Act, compiled in title 53, chapter 1; (15) [Deleted by 2020 amendment.] (16) The Dairy Law of the State of Tennessee, compiled in title 53, chapter 3; (17) Title 53, chapter 7, relative to meat and poultry inspections; (18) The Tennessee Retail Food Safety Act, compiled in title 53, chapter 8; (19) Title 53, chapter 12 [repealed], relative to vending machines; and (20) Tennessee Application of Pesticides Act of 1978, compiled in title 62, chapter 21. (c) Any unencumbered moneys and any unexpended balance of the fund remaining at the end of any fiscal year shall not revert to the general fund, but shall be carried forward and maintained until expended in accordance with this part. (d) Moneys in the fund shall be invested by the state treasurer for the benefit of the fund pursuant to § 9-4-603 . Interest accruing on investments and deposits of the fund shall be returned to the fund and remain a part of the fund. The fund shall be administered by the commissioner. (e) Moneys in the fund may be expended only in accordance with annual appropriations approved by the general assembly. Subject to the foregoing requirement, moneys in the fund shall be expended at the direction of the commissioner only to defray the costs associated with implementing and effectuating the purposes of the statutes specified in subsection (b). Amended by 2020 Tenn. Acts, ch. 727, s 1, eff. 6/22/2020. Amended by 2019 Tenn. Acts, ch. 87, s 4, eff. 4/4/2019. Amended by 2016 Tenn. Acts, ch. 728, s 3, eff. 4/7/2016. Amended by 2015 Tenn. Acts, ch. 485, s 1, eff. 7/1/2015. Acts 1994, ch. 960, § 2; 2002, ch. 640, §§ 1 - 5.
(a) There is established within the general fund a special agency account to be known as the Tennessee agricultural regulatory fund, referred to in this part as "the fund."
(b) Notwithstanding any law to the contrary, there shall be deposited in the fund all moneys collected pursuant to the following: (1) The Tennessee Plant Pest Act, compiled in chapter 6, part 1, of this title; (2) The Tennessee Insecticide, Fungicide, and Rodenticide Act, compiled in chapter 8, parts 1 and 2 of this title; (3) Chapter 8, part 3, of this title, relative to the aerial application of pesticides; (4) The Tennessee Seed Law of 1986, compiled in chapter 10 of this title; (5) The Tennessee Commercial Fertilizer Law of 1969, compiled in chapter 11, part 1 of this title; (6) The Tennessee Agricultural Liming Materials Act, compiled in chapter 11, part 4 of this title; (7) Section 43-27-104 , relative to hemp; (8) The Tennessee Commercial Feed Law of 1972, compiled in title 44, chapter 6; (9) Title 44, chapter 7, relative to marks, brands, registration, and certification; (10) The Tennessee Livestock Dealer Act, compiled in title 44, chapter 10, part 2; (11) Title 44, chapter 11, relative to livestock sales; (12) Title 44, chapter 16, relative to baby chicks; (13) Title 47, chapter 26, relative to weights and measures; (14) The Tennessee Food, Drug and Cosmetic Act, compiled in title 53, chapter 1; (15) [Deleted by 2020 amendment.] (16) The Dairy Law of the State of Tennessee, compiled in title 53, chapter 3; (17) Title 53, chapter 7, relative to meat and poultry inspections; (18) The Tennessee Retail Food Safety Act, compiled in title 53, chapter 8; (19) Title 53, chapter 12 [repealed], relative to vending machines; and (20) Tennessee Application of Pesticides Act of 1978, compiled in title 62, chapter 21.
(1) The Tennessee Plant Pest Act, compiled in chapter 6, part 1, of this title;
(2) The Tennessee Insecticide, Fungicide, and Rodenticide Act, compiled in chapter 8, parts 1 and 2 of this title;
(3) Chapter 8, part 3, of this title, relative to the aerial application of pesticides;
(4) The Tennessee Seed Law of 1986, compiled in chapter 10 of this title;
(5) The Tennessee Commercial Fertilizer Law of 1969, compiled in chapter 11, part 1 of this title;
(6) The Tennessee Agricultural Liming Materials Act, compiled in chapter 11, part 4 of this title;
(7) Section 43-27-104 , relative to hemp;
(8) The Tennessee Commercial Feed Law of 1972, compiled in title 44, chapter 6;
(9) Title 44, chapter 7, relative to marks, brands, registration, and certification;
(10) The Tennessee Livestock Dealer Act, compiled in title 44, chapter 10, part 2;
(11) Title 44, chapter 11, relative to livestock sales;
(12) Title 44, chapter 16, relative to baby chicks;
(13) Title 47, chapter 26, relative to weights and measures;
(14) The Tennessee Food, Drug and Cosmetic Act, compiled in title 53, chapter 1;
(15) [Deleted by 2020 amendment.]
(16) The Dairy Law of the State of Tennessee, compiled in title 53, chapter 3;
(17) Title 53, chapter 7, relative to meat and poultry inspections;
(18) The Tennessee Retail Food Safety Act, compiled in title 53, chapter 8;
(19) Title 53, chapter 12 [repealed], relative to vending machines; and
(20) Tennessee Application of Pesticides Act of 1978, compiled in title 62, chapter 21.
(c) Any unencumbered moneys and any unexpended balance of the fund remaining at the end of any fiscal year shall not revert to the general fund, but shall be carried forward and maintained until expended in accordance with this part.
(d) Moneys in the fund shall be invested by the state treasurer for the benefit of the fund pursuant to § 9-4-603 . Interest accruing on investments and deposits of the fund shall be returned to the fund and remain a part of the fund. The fund shall be administered by the commissioner.
(e) Moneys in the fund may be expended only in accordance with annual appropriations approved by the general assembly. Subject to the foregoing requirement, moneys in the fund shall be expended at the direction of the commissioner only to defray the costs associated with implementing and effectuating the purposes of the statutes specified in subsection (b).
Amended by 2020 Tenn. Acts, ch. 727, s 1, eff. 6/22/2020.
Amended by 2019 Tenn. Acts, ch. 87, s 4, eff. 4/4/2019.
Amended by 2016 Tenn. Acts, ch. 728, s 3, eff. 4/7/2016.
Amended by 2015 Tenn. Acts, ch. 485, s 1, eff. 7/1/2015.
Acts 1994, ch. 960, § 2; 2002, ch. 640, §§ 1 - 5.
Tenn. Code Ann. § 43-14-213 — TN Code / Title 43 / Chapter 14 / Section 43-14-213
Establishment of district upon proof of the issuance of certificate
Status: in_force

In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract, proceeding, or action of the district, the district is established in accordance with this part upon proof of the issuance of the certificate by the secretary of state pursuant to § 43-14-210 . A copy of the certificate certified by the secretary of state is admissible in evidence in any suit, action, or proceeding and is proof of the filing and its contents. Amended by 2021 Tenn. Acts, ch. 203, s 2, eff. 4/22/2021. Acts 1939, ch. 197, § 5; C. Supp. 1950, § 552.5 (Williams, § 552.35); T.C.A. (orig. ed.), § 43-1513.
In any suit, action, or proceeding involving the validity or enforcement of, or relating to, any contract, proceeding, or action of the district, the district is established in accordance with this part upon proof of the issuance of the certificate by the secretary of state pursuant to § 43-14-210 . A copy of the certificate certified by the secretary of state is admissible in evidence in any suit, action, or proceeding and is proof of the filing and its contents.
Amended by 2021 Tenn. Acts, ch. 203, s 2, eff. 4/22/2021.
Acts 1939, ch. 197, § 5; C. Supp. 1950, § 552.5 (Williams, § 552.35); T.C.A. (orig. ed.), § 43-1513.
Tenn. Code Ann. § 43-18-105 — TN Code / Title 43 / Chapter 18 / Section 43-18-105
Persons other than producers or dealers buying or selling lint cotton under two hundred fifty pounds - Penalty
Status: in_force

(a) It is unlawful for any person who is not a grower or producer of cotton, or who is not engaged in the business of buying and selling cotton, to buy, sell or offer for sale, or possess for purposes of sale, any loose lint cotton or ginned cotton that is not in bales, in quantities less than two hundred fifty pounds (250 lbs.). (b) Any violation of this section is a Class C misdemeanor. Acts 1917, ch. 88, §§ 1, 2; Shan., §§ 6800a9, 6800a10; Code 1932, §§ 11268, 11269; T.C.A. (orig. ed.), § 43-2005; Acts 1989, ch. 591, § 113.
(a) It is unlawful for any person who is not a grower or producer of cotton, or who is not engaged in the business of buying and selling cotton, to buy, sell or offer for sale, or possess for purposes of sale, any loose lint cotton or ginned cotton that is not in bales, in quantities less than two hundred fifty pounds (250 lbs.).
(b) Any violation of this section is a Class C misdemeanor.
Acts 1917, ch. 88, §§ 1, 2; Shan., §§ 6800a9, 6800a10; Code 1932, §§ 11268, 11269; T.C.A. (orig. ed.), § 43-2005; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 43-16-133 — TN Code / Title 43 / Chapter 16 / Section 43-16-133
Marketing contracts with association
Status: in_force

The association and its members may make and execute marketing contracts, requiring the members to sell, for any period of time, not over ten (10) years, all or any specified part of their agricultural products or specified commodities exclusively to or through the association, or any facilities to be created by the association. If they contract a sale to the association, it shall be conclusively held that title to the products passes absolutely and unreservedly, except for recorded and statutory liens, to the association upon delivery. The contract may provide, among other things, that the association may sell or resell the products delivered by its members, with or without taking title thereto, and pay over to its members the resale price, after deducting all necessary selling, overhead, and other costs and expenses, including interest or dividends on stock, not exceeding eight percent (8%) per annum, and reserves for retiring the stock, if any; and other proper reserves; and/or any other deductions. Acts 1923, ch. 100, § 18; Shan. Supp., § 2534a58; Code 1932, §3816; T.C.A. (orig. ed.), § 43-1834.
The association and its members may make and execute marketing contracts, requiring the members to sell, for any period of time, not over ten (10) years, all or any specified part of their agricultural products or specified commodities exclusively to or through the association, or any facilities to be created by the association. If they contract a sale to the association, it shall be conclusively held that title to the products passes absolutely and unreservedly, except for recorded and statutory liens, to the association upon delivery. The contract may provide, among other things, that the association may sell or resell the products delivered by its members, with or without taking title thereto, and pay over to its members the resale price, after deducting all necessary selling, overhead, and other costs and expenses, including interest or dividends on stock, not exceeding eight percent (8%) per annum, and reserves for retiring the stock, if any; and other proper reserves; and/or any other deductions.
Acts 1923, ch. 100, § 18; Shan. Supp., § 2534a58; Code 1932, §3816; T.C.A. (orig. ed.), § 43-1834.
Tenn. Code Ann. § 43-10-201 — TN Code / Title 43 / Chapter 10 / Section 43-10-201
State seed certifying agency
Status: in_force

The commissioner of agriculture, the vice president of the University of Tennessee institute of agriculture, the dean of the University of Tennessee agriculture experiment station and the dean of the University of Tennessee extension service are vested with full authority to designate a crop improvement association as the official state seed certifying agency. The association shall be a member of the Association of Official Seed Certifying Agencies. These officials are further authorized, if satisfied that the association acting as official state seed certifying agency has not performed its duties in the best interests of Tennessee agriculture, to terminate the appointment of the association as the official state seed certifying agency. Acts 1985, ch. 329, § 1.
The commissioner of agriculture, the vice president of the University of Tennessee institute of agriculture, the dean of the University of Tennessee agriculture experiment station and the dean of the University of Tennessee extension service are vested with full authority to designate a crop improvement association as the official state seed certifying agency. The association shall be a member of the Association of Official Seed Certifying Agencies. These officials are further authorized, if satisfied that the association acting as official state seed certifying agency has not performed its duties in the best interests of Tennessee agriculture, to terminate the appointment of the association as the official state seed certifying agency.
Acts 1985, ch. 329, § 1.
Tenn. Code Ann. § 43-34-107 — TN Code / Title 43 / Chapter 34 / Section 43-34-107
Boundary designation
Status: in_force

An individual agricultural district may be comprised of ownerships residing in more than one (1) soil and water conservation district as long as the conditions of a contiguous boundary are satisfied. In such a case, each soil and water conservation district shall have the responsibility to meet the requirements of this chapter within the county of its jurisdiction. Amended by 2021 Tenn. Acts, ch. 203, s 15, eff. 4/22/2021. Acts 1995, ch. 465, § 8.
An individual agricultural district may be comprised of ownerships residing in more than one (1) soil and water conservation district as long as the conditions of a contiguous boundary are satisfied. In such a case, each soil and water conservation district shall have the responsibility to meet the requirements of this chapter within the county of its jurisdiction.
Amended by 2021 Tenn. Acts, ch. 203, s 15, eff. 4/22/2021.
Acts 1995, ch. 465, § 8.
Tenn. Code Ann. § 43-38-1107 — TN Code / Title 43 / Chapter 38 / Section 43-38-1107
Copy as evidence
Status: in_force

A certificate attached or certification affixed to a copy of a document filed by the secretary of state, bearing the secretary of state's signature, which may be in facsimile, and the seal of this state, is conclusive evidence that the original document is on file with the secretary of state. Acts 2004, ch. 534, § 33.
A certificate attached or certification affixed to a copy of a document filed by the secretary of state, bearing the secretary of state's signature, which may be in facsimile, and the seal of this state, is conclusive evidence that the original document is on file with the secretary of state.
Acts 2004, ch. 534, § 33.
Tenn. Code Ann. § 43-21-203 — TN Code / Title 43 / Chapter 21 / Section 43-21-203
Meetings - Expenses
Status: in_force

The council may be convened as often as three (3) times annually, and expenses of council members shall be reimbursed in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter. Acts 1981, ch. 288, § 1.
The council may be convened as often as three (3) times annually, and expenses of council members shall be reimbursed in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter.
Acts 1981, ch. 288, § 1.
Tenn. Code Ann. § 43-18-106 — TN Code / Title 43 / Chapter 18 / Section 43-18-106
Additional penalty recoverable in qui tam action
Status: in_force

In addition to the punishment provided in § 43-18-105 , and either before or after, with or without criminal prosecution, any person in interest can recover in such person's own name of any person buying loose or ginned cotton that is not baled, contrary to § 43-18-105 , a penalty of two hundred fifty dollars ($250), to be recovered by civil suit in any court having jurisdiction of that amount. Acts 1917, ch. 88, § 3; Shan., § 6800a11; Code 1932, § 11270; T.C.A. (orig. ed.), § 43-2006.
In addition to the punishment provided in § 43-18-105 , and either before or after, with or without criminal prosecution, any person in interest can recover in such person's own name of any person buying loose or ginned cotton that is not baled, contrary to § 43-18-105 , a penalty of two hundred fifty dollars ($250), to be recovered by civil suit in any court having jurisdiction of that amount.
Acts 1917, ch. 88, § 3; Shan., § 6800a11; Code 1932, § 11270; T.C.A. (orig. ed.), § 43-2006.
Tenn. Code Ann. § 43-28-302 — TN Code / Title 43 / Chapter 28 / Section 43-28-302
Notice of brand - Form - Acknowledgment - Recording - Copy posted
Status: in_force

(a) Every timber dealer desiring to adopt a brand may do so by the execution of a writing in form and effect as follows: Brand notice is hereby given that I (or we, as the case may be) have adopted the following brand in my (or our, etc.) business as timber dealer or dealers, to wit: (here insert the word, letters, figures, etc., constituting the brand, or if it be any device other than the words, letters, or figures, insert the facsimile thereof). Dated this ____________________ day of ____________________, A. D. ______________. (b) The writing shall be acknowledged or proven for record in the same manner as deeds are acknowledged or proven, and shall be recorded in the office of the county clerk in which the principal office or place of business of the timber dealer may be. A copy thereof shall be posted up at the place where the principal business is done, and one (1) at the courthouse door in the county where the business is carried on, and at three (3) public places in the county. Acts 1901, ch. 54, § 2; Shan., § 3608a79; Code 1932, § 6772; T.C.A. (orig. ed.), § 68-302.
(a) Every timber dealer desiring to adopt a brand may do so by the execution of a writing in form and effect as follows: Brand notice is hereby given that I (or we, as the case may be) have adopted the following brand in my (or our, etc.) business as timber dealer or dealers, to wit: (here insert the word, letters, figures, etc., constituting the brand, or if it be any device other than the words, letters, or figures, insert the facsimile thereof). Dated this ____________________ day of ____________________, A. D. ______________.
Brand notice is hereby given that I (or we, as the case may be) have adopted the following brand in my (or our, etc.) business as timber dealer or dealers, to wit: (here insert the word, letters, figures, etc., constituting the brand, or if it be any device other than the words, letters, or figures, insert the facsimile thereof). Dated this ____________________ day of ____________________, A. D. ______________.
(b) The writing shall be acknowledged or proven for record in the same manner as deeds are acknowledged or proven, and shall be recorded in the office of the county clerk in which the principal office or place of business of the timber dealer may be. A copy thereof shall be posted up at the place where the principal business is done, and one (1) at the courthouse door in the county where the business is carried on, and at three (3) public places in the county.
Acts 1901, ch. 54, § 2; Shan., § 3608a79; Code 1932, § 6772; T.C.A. (orig. ed.), § 68-302.
Tenn. Code Ann. § 43-35-102 — TN Code / Title 43 / Chapter 35 / Section 43-35-102
Delegates from Tennessee to the southern dairy compact
Status: in_force

(a) Five (5) delegates from Tennessee shall be appointed by the governor to represent the state on the southern dairy compact commission, created and provided for in article III of the compact contained in § 43-35-101 . The delegates shall include two (2) dairy producers who are engaged in the production of milk at the time of appointment or reappointment, one (1) consumer representative, one (1) dairy processor, and one (1) delegate at large. (b) Each delegate shall serve for a term of four (4) years and shall serve diligently and conscientiously and shall strive to achieve the purposes of the southern dairy compact. (c) Each appointment shall be submitted to the house of representatives and the senate for confirmation. Confirmation shall be accomplished by the passage of a joint resolution originating in either house. (d) Vacancies in delegate positions shall be filled in the same manner as the original appointments for the unexpired portion of the vacant delegate's position. (e) Delegates shall receive a per diem not to exceed fifty dollars ($50.00) per day for service incurred in the performance of their duties as delegates. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. (f) The delegation shall establish procedures determining how its vote will be cast in the conduct of the commission's affairs. Acts 1998, ch. 749, § 3.
(a) Five (5) delegates from Tennessee shall be appointed by the governor to represent the state on the southern dairy compact commission, created and provided for in article III of the compact contained in § 43-35-101 . The delegates shall include two (2) dairy producers who are engaged in the production of milk at the time of appointment or reappointment, one (1) consumer representative, one (1) dairy processor, and one (1) delegate at large.
(b) Each delegate shall serve for a term of four (4) years and shall serve diligently and conscientiously and shall strive to achieve the purposes of the southern dairy compact.
(c) Each appointment shall be submitted to the house of representatives and the senate for confirmation. Confirmation shall be accomplished by the passage of a joint resolution originating in either house.
(d) Vacancies in delegate positions shall be filled in the same manner as the original appointments for the unexpired portion of the vacant delegate's position.
(e) Delegates shall receive a per diem not to exceed fifty dollars ($50.00) per day for service incurred in the performance of their duties as delegates. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(f) The delegation shall establish procedures determining how its vote will be cast in the conduct of the commission's affairs.
Acts 1998, ch. 749, § 3.
Tenn. Code Ann. § 43-18-108 — TN Code / Title 43 / Chapter 18 / Section 43-18-108
Hauling unbaled cotton between sunset and sunrise, where there is a lien, or undivided interest unlawful - Exception - Penalty
Status: in_force

(a) It is unlawful for any person to haul or carry over any highway any cotton in the seed or ginned, but not baled, on which there is a lien, mortgage, contract for supplies and merchandise, or an undivided interest, between the hours of sunset of any one (1) day and sunrise of the succeeding day; provided, that the provisions of this section shall not apply to any person or persons hauling cotton to the gin for the purpose of ginning it, or from their farms to their houses or barns; and provided, further, that this section shall not apply where the beneficiary of the lien consents in writing to the hauling. (b) Any person violating this section commits a Class C misdemeanor. Acts 1901, ch. 3, §§ 1, 2; Shan., §§ 6800a1, 6800a2; Code 1932, §§ 11262, 11263; T.C.A. (orig. ed.), § 43-2010; Acts 1989, ch. 591, § 113.
(a) It is unlawful for any person to haul or carry over any highway any cotton in the seed or ginned, but not baled, on which there is a lien, mortgage, contract for supplies and merchandise, or an undivided interest, between the hours of sunset of any one (1) day and sunrise of the succeeding day; provided, that the provisions of this section shall not apply to any person or persons hauling cotton to the gin for the purpose of ginning it, or from their farms to their houses or barns; and provided, further, that this section shall not apply where the beneficiary of the lien consents in writing to the hauling.
(b) Any person violating this section commits a Class C misdemeanor.
Acts 1901, ch. 3, §§ 1, 2; Shan., §§ 6800a1, 6800a2; Code 1932, §§ 11262, 11263; T.C.A. (orig. ed.), § 43-2010; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 43-18-109 — TN Code / Title 43 / Chapter 18 / Section 43-18-109
Liability of owner of gin or tobacco establishment for sale of product containing foreign objects
Status: in_force

If any person sells or otherwise disposes of cotton or tobacco fraudulently packed with wood, iron, rocks, dirt or other substance, the person at whose gin or establishment the cotton or tobacco was put up is deemed guilty of negligence, and shall, upon suit on behalf of any subsequent purchaser of the cotton or tobacco, pay double the value of the cotton or tobacco as damages, and also the cost of reshipping the cotton or tobacco from the market where the fraud was detected. Acts 1859-1860, ch. 67, § 3; Shan., § 6742; Code 1932, §11149; T.C.A. (orig. ed.), § 43-2011; Acts 1996, ch. 675, § 44.
If any person sells or otherwise disposes of cotton or tobacco fraudulently packed with wood, iron, rocks, dirt or other substance, the person at whose gin or establishment the cotton or tobacco was put up is deemed guilty of negligence, and shall, upon suit on behalf of any subsequent purchaser of the cotton or tobacco, pay double the value of the cotton or tobacco as damages, and also the cost of reshipping the cotton or tobacco from the market where the fraud was detected.
Acts 1859-1860, ch. 67, § 3; Shan., § 6742; Code 1932, §11149; T.C.A. (orig. ed.), § 43-2011; Acts 1996, ch. 675, § 44.
Tenn. Code Ann. § 43-11-302 — TN Code / Title 43 / Chapter 11 / Section 43-11-302
Powers and duties of commissioner - Rules and regulations
Status: in_force

The commissioner of agriculture is vested with the power and authority and is charged with the duty of administering and enforcing this part, and has the authority to establish and enforce reasonable rules and regulations not inconsistent with this part, for the purpose of carrying out this part. Acts 1949, ch. 198, § 2; C. Supp. 1950, § 519.2; T.C.A. (orig. ed.), §§ 43-1302, 43-13-102.
The commissioner of agriculture is vested with the power and authority and is charged with the duty of administering and enforcing this part, and has the authority to establish and enforce reasonable rules and regulations not inconsistent with this part, for the purpose of carrying out this part.
Acts 1949, ch. 198, § 2; C. Supp. 1950, § 519.2; T.C.A. (orig. ed.), §§ 43-1302, 43-13-102.
Tenn. Code Ann. § 43-27-201 — TN Code / Title 43 / Chapter 27 / Section 43-27-201
Purpose
Status: in_force

The purpose of this part is to regulate the sale and distribution of products containing a hemp-derived cannabinoid. Added by 2023 Tenn. Acts, ch. 423, s 1, eff. 7/1/2024.
The purpose of this part is to regulate the sale and distribution of products containing a hemp-derived cannabinoid.
Added by 2023 Tenn. Acts, ch. 423, s 1, eff. 7/1/2024.
Tenn. Code Ann. § 43-20-205 — TN Code / Title 43 / Chapter 20 / Section 43-20-205
Assessment on producers - Application for referendum
Status: in_force

Any commission, council, board or other entity that is fairly representative of soybean producers may make application to the commissioner requesting a referendum of producers of soybeans upon the question of whether an assessment of a specified amount should be levied, collected and disbursed under this part, or whether a prior assessment should be amended or terminated. The application shall state the amount of the assessment per bushel that is to be proposed in the referendum, and a brief statement of the purposes for which the funds collected will be spent. Acts 1985, ch. 108, § 5.
Any commission, council, board or other entity that is fairly representative of soybean producers may make application to the commissioner requesting a referendum of producers of soybeans upon the question of whether an assessment of a specified amount should be levied, collected and disbursed under this part, or whether a prior assessment should be amended or terminated. The application shall state the amount of the assessment per bushel that is to be proposed in the referendum, and a brief statement of the purposes for which the funds collected will be spent.
Acts 1985, ch. 108, § 5.
Tenn. Code Ann. § 43-38-1102 — TN Code / Title 43 / Chapter 38 / Section 43-38-1102
Forms and filing methods
Status: in_force

The secretary of state may prescribe and furnish forms and filing methods for all filings required by this title. If the secretary of state so requires, then use of these forms and filing methods is mandatory. Amended by 2020 Tenn. Acts, ch. 719, s 2, eff. 6/22/2020. Acts 2004, ch. 534, § 33.
The secretary of state may prescribe and furnish forms and filing methods for all filings required by this title. If the secretary of state so requires, then use of these forms and filing methods is mandatory.
Amended by 2020 Tenn. Acts, ch. 719, s 2, eff. 6/22/2020.
Acts 2004, ch. 534, § 33.
Tenn. Code Ann. § 43-10-102 — TN Code / Title 43 / Chapter 10 / Section 43-10-102
Legislative purpose
Status: in_force

The purpose of this part is to regulate the labeling, possessing, offering, exposing, transporting or distributing for sale of agricultural seeds, vegetable seeds, and screenings; to prevent misrepresentations thereof; and for other purposes. Acts 1986, ch. 660, § 3.
The purpose of this part is to regulate the labeling, possessing, offering, exposing, transporting or distributing for sale of agricultural seeds, vegetable seeds, and screenings; to prevent misrepresentations thereof; and for other purposes.
Acts 1986, ch. 660, § 3.
Tenn. Code Ann. § 43-28-312 — TN Code / Title 43 / Chapter 28 / Section 43-28-312
Cutting timber from property of another - Civil liability
Status: in_force

(a) (1) Civil liability for the negligent cutting of timber from the property of another is in an amount double that of the current market value of the timber. (2) If the timber is negligently cut from the property of another because the landowner for whom the timber is being cut has marked or designated the boundary of the landowner's property incorrectly, then the landowner is jointly liable for the double damages. (b) Civil liability for knowingly and intentionally cutting timber from the property of another is in an amount treble that of the current market value of the timber. (c) Nothing in this section precludes an owner of property on which timber has been cut by another from recovering damages for loss of value other than commercial timber value, if any, of the timber negligently or intentionally cut. (d) "Current market value," as used in this section, applies to the property in question that is standing timber; therefore, the current market value is that of the timber before being cut. Acts 1991, ch. 455, § 1; 1992, ch. 875, § 1.
(a) (1) Civil liability for the negligent cutting of timber from the property of another is in an amount double that of the current market value of the timber. (2) If the timber is negligently cut from the property of another because the landowner for whom the timber is being cut has marked or designated the boundary of the landowner's property incorrectly, then the landowner is jointly liable for the double damages.
(1) Civil liability for the negligent cutting of timber from the property of another is in an amount double that of the current market value of the timber.
(2) If the timber is negligently cut from the property of another because the landowner for whom the timber is being cut has marked or designated the boundary of the landowner's property incorrectly, then the landowner is jointly liable for the double damages.
(b) Civil liability for knowingly and intentionally cutting timber from the property of another is in an amount treble that of the current market value of the timber.
(c) Nothing in this section precludes an owner of property on which timber has been cut by another from recovering damages for loss of value other than commercial timber value, if any, of the timber negligently or intentionally cut.
(d) "Current market value," as used in this section, applies to the property in question that is standing timber; therefore, the current market value is that of the timber before being cut.
Acts 1991, ch. 455, § 1; 1992, ch. 875, § 1.
Tenn. Code Ann. § 43-16-101 — TN Code / Title 43 / Chapter 16 / Section 43-16-101
Short title
Status: in_force

For the purpose of brevity and convenience, this chapter shall be known and may be cited as the "Cooperative Marketing Law." Acts 1923, ch. 100, § 2; Shan. Supp., § 2534a27; Code 1932, §3785; T.C.A. (orig. ed.), § 43-1801.
For the purpose of brevity and convenience, this chapter shall be known and may be cited as the "Cooperative Marketing Law."
Acts 1923, ch. 100, § 2; Shan. Supp., § 2534a27; Code 1932, §3785; T.C.A. (orig. ed.), § 43-1801.
Tenn. Code Ann. § 43-19-302 — TN Code / Title 43 / Chapter 19 / Section 43-19-302
Commingling of tobacco forbidden
Status: in_force

(a) It is unlawful for any person to commingle, mix, place on same basket with other tobacco or in any other manner or means to handle tobacco so as to lose its identity, for the purpose of sale at auction, any looseleaf tobacco grown by one (1) producer with looseleaf burley tobacco grown by any other producer, or with that of the same producer after being placed on the looseleaf floor. (b) After tobacco is weighed and set upon the warehouse floor for sale, no basket of tobacco shall be moved, without the consent of the owner, from its place on the floor until sale is confirmed by the owner of the tobacco. Acts 1949, ch. 141, § 2; C. Supp. 1950, § 6669.2 (Williams, § 6675.2); T.C.A. (orig. ed.), § 43-2132.
(a) It is unlawful for any person to commingle, mix, place on same basket with other tobacco or in any other manner or means to handle tobacco so as to lose its identity, for the purpose of sale at auction, any looseleaf tobacco grown by one (1) producer with looseleaf burley tobacco grown by any other producer, or with that of the same producer after being placed on the looseleaf floor.
(b) After tobacco is weighed and set upon the warehouse floor for sale, no basket of tobacco shall be moved, without the consent of the owner, from its place on the floor until sale is confirmed by the owner of the tobacco.
Acts 1949, ch. 141, § 2; C. Supp. 1950, § 6669.2 (Williams, § 6675.2); T.C.A. (orig. ed.), § 43-2132.
Tenn. Code Ann. § 43-6-205 — TN Code / Title 43 / Chapter 6 / Section 43-6-205
Inspection of land by county weed control boards
Status: in_force

(a) The county weed control board is responsible for the inspection of lands and places for compliance with this part, and has the authority to employ all necessary assistance required for inspections, and shall certify the expense thereof to the county clerk for payment. (b) The commissioner or the commissioner's designated representative, as well as the county weed control board or the designated representative of the board, shall have the right of ingress or egress upon all lands in the county in making an inspection or performing any other duties imposed by this part. Acts 1961, ch. 306, § 5; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A., § 43-2705.
(a) The county weed control board is responsible for the inspection of lands and places for compliance with this part, and has the authority to employ all necessary assistance required for inspections, and shall certify the expense thereof to the county clerk for payment.
(b) The commissioner or the commissioner's designated representative, as well as the county weed control board or the designated representative of the board, shall have the right of ingress or egress upon all lands in the county in making an inspection or performing any other duties imposed by this part.
Acts 1961, ch. 306, § 5; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A., § 43-2705.
Tenn. Code Ann. § 43-27-211 — TN Code / Title 43 / Chapter 27 / Section 43-27-211
Authority to promulgate rules
Status: in_force

The departments of agriculture and revenue are authorized to promulgate rules to effectuate this part in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Added by 2023 Tenn. Acts, ch. 423, s 1, eff. 7/1/2024.
The departments of agriculture and revenue are authorized to promulgate rules to effectuate this part in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Added by 2023 Tenn. Acts, ch. 423, s 1, eff. 7/1/2024.
Tenn. Code Ann. § 43-1-108 — TN Code / Title 43 / Chapter 1 / Section 43-1-108
Audiovisual recordation of animal inspection permitted
Status: in_force

Unless otherwise prohibited by federal law, the owner of any animal that is subject to an inspection in this state for the purpose of determining compliance with any statutory or regulatory requirement shall be permitted to personally record such inspection by audiovisual means or designate an agent to record such inspection by audiovisual means. Added by 2016 Tenn. Acts, ch. 628,s 1, eff. 3/22/2016.
Unless otherwise prohibited by federal law, the owner of any animal that is subject to an inspection in this state for the purpose of determining compliance with any statutory or regulatory requirement shall be permitted to personally record such inspection by audiovisual means or designate an agent to record such inspection by audiovisual means.
Added by 2016 Tenn. Acts, ch. 628,s 1, eff. 3/22/2016.
Tenn. Code Ann. § 43-33-126 — TN Code / Title 43 / Chapter 33 / Section 43-33-126
Fish farming - Hybrid striped bass
Status: in_force

(a) Notwithstanding any other provision of law or proclamation to the contrary, any person, firm or corporation engaged in the business of fish farming may raise to maturity hybrid striped bass for the specific purpose of making the hybrid striped bass available for purchase by wholesalers, restaurants and members of the public. The person, firm or corporation shall comply with the applicable rules of the Tennessee fish and wildlife commission. (b) For the purposes of this section, "fish farming" means the rearing of artificially propagated, nonbait fish for the specific and bona fide purpose of making the fish available to persons wishing to procure the fish by purchase. Acts 1991, ch. 481, §2; 2012 , ch. 993, § 5.
(a) Notwithstanding any other provision of law or proclamation to the contrary, any person, firm or corporation engaged in the business of fish farming may raise to maturity hybrid striped bass for the specific purpose of making the hybrid striped bass available for purchase by wholesalers, restaurants and members of the public. The person, firm or corporation shall comply with the applicable rules of the Tennessee fish and wildlife commission.
(b) For the purposes of this section, "fish farming" means the rearing of artificially propagated, nonbait fish for the specific and bona fide purpose of making the fish available to persons wishing to procure the fish by purchase.
Acts 1991, ch. 481, §2; 2012 , ch. 993, § 5.
Tenn. Code Ann. § 43-38-401 — TN Code / Title 43 / Chapter 38 / Section 43-38-401
Amendment of articles - No vested property rights conferred
Status: in_force

(a) A cooperative may amend its articles at any time to add or change a provision that is required or permitted in the articles or to delete a provision not required in the articles. Whether a provision is required or permitted in the articles is determined as of the effective date of the amendment. (b) A member of a cooperative does not have a vested property right resulting from any provision in the articles or bylaws, including provisions relating to management control, capital structure, distribution, entitlement or purpose or duration of the cooperative. Acts 2004, ch. 534, § 9.
(a) A cooperative may amend its articles at any time to add or change a provision that is required or permitted in the articles or to delete a provision not required in the articles. Whether a provision is required or permitted in the articles is determined as of the effective date of the amendment.
(b) A member of a cooperative does not have a vested property right resulting from any provision in the articles or bylaws, including provisions relating to management control, capital structure, distribution, entitlement or purpose or duration of the cooperative.
Acts 2004, ch. 534, § 9.
Tenn. Code Ann. § 43-38-611 — TN Code / Title 43 / Chapter 38 / Section 43-38-611
Limitation of director's liability
Status: in_force

(a) A director's personal liability to the cooperative or members for monetary damages for breach of fiduciary duty as a director may be eliminated or limited in the articles, except as provided in subsection (b). (b) The articles may not eliminate or limit the liability of a director for: (1) A breach of the director's duty of loyalty to the cooperative or its members; (2) Acts or omissions that are not in good faith or involve intentional misconduct or a knowing violation of law; (3) A transaction from which the director derived an improper personal benefit; or (4) An act or omission occurring before the date when the provision in the articles eliminating or limiting liability becomes effective. Acts 2004, ch. 534, § 25.
(a) A director's personal liability to the cooperative or members for monetary damages for breach of fiduciary duty as a director may be eliminated or limited in the articles, except as provided in subsection (b).
(b) The articles may not eliminate or limit the liability of a director for: (1) A breach of the director's duty of loyalty to the cooperative or its members; (2) Acts or omissions that are not in good faith or involve intentional misconduct or a knowing violation of law; (3) A transaction from which the director derived an improper personal benefit; or (4) An act or omission occurring before the date when the provision in the articles eliminating or limiting liability becomes effective.
(1) A breach of the director's duty of loyalty to the cooperative or its members;
(2) Acts or omissions that are not in good faith or involve intentional misconduct or a knowing violation of law;
(3) A transaction from which the director derived an improper personal benefit; or
(4) An act or omission occurring before the date when the provision in the articles eliminating or limiting liability becomes effective.
Acts 2004, ch. 534, § 25.
Tenn. Code Ann. § 43-38-1019 — TN Code / Title 43 / Chapter 38 / Section 43-38-1019
Receivership
Status: in_force

(a) A receiver shall be a natural person or a domestic corporation in this state. A receiver shall give a bond as directed by the court with the sureties required by the court. (b) A receiver may sue and defend in all courts as receiver of the cooperative. The court appointing the receiver has exclusive jurisdiction of the cooperative and its property. (c) The receiver and the court appointed receiver shall have the same powers and duties as a court appointed receiver would have pursuant to § 48-24-303 . Acts 2004, ch. 534, § 32.
(a) A receiver shall be a natural person or a domestic corporation in this state. A receiver shall give a bond as directed by the court with the sureties required by the court.
(b) A receiver may sue and defend in all courts as receiver of the cooperative. The court appointing the receiver has exclusive jurisdiction of the cooperative and its property.
(c) The receiver and the court appointed receiver shall have the same powers and duties as a court appointed receiver would have pursuant to § 48-24-303 .
Acts 2004, ch. 534, § 32.
Tenn. Code Ann. § 43-21-204 — TN Code / Title 43 / Chapter 21 / Section 43-21-204
Terms of members
Status: in_force

Members shall serve at the pleasure of the commissioner of agriculture. Acts 1981, ch. 288, § 1.
Members shall serve at the pleasure of the commissioner of agriculture.
Acts 1981, ch. 288, § 1.
Tenn. Code Ann. § 43-21-201 — TN Code / Title 43 / Chapter 21 / Section 43-21-201
Establishment
Status: in_force

The commissioner of agriculture is authorized to appoint and convene a youth advisory council to study and recommend to the commissioner methods of promoting the involvement of youth in Tennessee agricultural fairs and shows. Acts 1981, ch. 288, § 1.
The commissioner of agriculture is authorized to appoint and convene a youth advisory council to study and recommend to the commissioner methods of promoting the involvement of youth in Tennessee agricultural fairs and shows.
Acts 1981, ch. 288, § 1.
Tenn. Code Ann. § 43-38-609 — TN Code / Title 43 / Chapter 38 / Section 43-38-609
Removal of directors
Status: in_force

(a) The members electing a director may remove the director at a members' meeting for cause related to the duties of the position of director and fill the vacancy caused by the removal. (b) If a director is elected exclusively by the members holding patron membership interests, only the patron members may participate in the vote to remove the director. (c) A director may be removed by the members or directors only at a meeting called for the purpose of removing the director, and the meeting notice must state that the purpose, or one (1) of the purposes, of the meeting is removal of directors. Acts 2004, ch. 534, § 25.
(a) The members electing a director may remove the director at a members' meeting for cause related to the duties of the position of director and fill the vacancy caused by the removal.
(b) If a director is elected exclusively by the members holding patron membership interests, only the patron members may participate in the vote to remove the director.
(c) A director may be removed by the members or directors only at a meeting called for the purpose of removing the director, and the meeting notice must state that the purpose, or one (1) of the purposes, of the meeting is removal of directors.
Acts 2004, ch. 534, § 25.
Tenn. Code Ann. § 43-19-201 — TN Code / Title 43 / Chapter 19 / Section 43-19-201
Warehouse proprietor may be inspector - Appointment of deputy inspectors - Oath - Bond
Status: in_force

(a) The proprietor of a warehouse, regularly authorized under this chapter, is created an inspector of tobacco, with power to appoint deputy inspectors; but, before any warehouse keeper, who may personally act as inspector, or any deputy who may act as inspector for the warehouse keeper, enters upon the duties of an inspector, that person shall go before the county clerk, and take and subscribe the following oath: "I, ______________, do solemnly swear (or affirm) that I will carefully and diligently perform all the duties of an inspector of tobacco, according to law and to the best of my skill and judgment, without fear, favor, affection, malice, or partiality, and that I will not buy nor sell any tobacco inspected and sampled by me, nor accept any interest or profit in or from the purchase or sale of any tobacco inspected and sampled by me. So help me God." (b) The person shall enter into bond, with good and sufficient security, to be approved by the county mayor, and payable to the state, in the sum of five thousand dollars ($5,000), conditioned to faithfully and honestly discharge the duties of the office, and that the person will not buy nor sell any tobacco inspected and sampled by that person, nor accept any interest or profit in or from the purchase or sale of any tobacco inspected or sampled by the person. Acts 1870-1871, ch. 65, § 8; 1889, ch. 192, § 2; Shan., § 3388; Code 1932, § 6485; impl. am. Acts 1978, ch. 934, §§ 16, 22, 36; T.C.A. (orig. ed.), § 43-2110; Acts 2003 , ch. 90, § 2.
(a) The proprietor of a warehouse, regularly authorized under this chapter, is created an inspector of tobacco, with power to appoint deputy inspectors; but, before any warehouse keeper, who may personally act as inspector, or any deputy who may act as inspector for the warehouse keeper, enters upon the duties of an inspector, that person shall go before the county clerk, and take and subscribe the following oath: "I, ______________, do solemnly swear (or affirm) that I will carefully and diligently perform all the duties of an inspector of tobacco, according to law and to the best of my skill and judgment, without fear, favor, affection, malice, or partiality, and that I will not buy nor sell any tobacco inspected and sampled by me, nor accept any interest or profit in or from the purchase or sale of any tobacco inspected and sampled by me. So help me God."
(b) The person shall enter into bond, with good and sufficient security, to be approved by the county mayor, and payable to the state, in the sum of five thousand dollars ($5,000), conditioned to faithfully and honestly discharge the duties of the office, and that the person will not buy nor sell any tobacco inspected and sampled by that person, nor accept any interest or profit in or from the purchase or sale of any tobacco inspected or sampled by the person.
Acts 1870-1871, ch. 65, § 8; 1889, ch. 192, § 2; Shan., § 3388; Code 1932, § 6485; impl. am. Acts 1978, ch. 934, §§ 16, 22, 36; T.C.A. (orig. ed.), § 43-2110; Acts 2003 , ch. 90, § 2.
Tenn. Code Ann. § 43-29-117 — TN Code / Title 43 / Chapter 29 / Section 43-29-117
Promulgation of rules and regulations
Status: in_force

The commissioner is authorized to promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to provide for the implementation of this chapter. Acts 1985, ch. 188, § 17.
The commissioner is authorized to promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to provide for the implementation of this chapter.
Acts 1985, ch. 188, § 17.
Tenn. Code Ann. § 43-16-111 — TN Code / Title 43 / Chapter 16 / Section 43-16-111
Capital stock - Articles specifying division into preferred and common stock
Status: in_force

The capital stock may be divided into preferred and common stock. If so divided, the articles of incorporation must contain a statement of the number of shares of stock to which preference is granted and the number of shares of stock to which no preference is granted, and the nature and definite extent of the preference and privileges granted to each. Acts 1923, ch. 100, § 8; Shan. Supp., § 2534a35; Code 1932, §3793; T.C.A. (orig. ed.), § 43-1811.
The capital stock may be divided into preferred and common stock. If so divided, the articles of incorporation must contain a statement of the number of shares of stock to which preference is granted and the number of shares of stock to which no preference is granted, and the nature and definite extent of the preference and privileges granted to each.
Acts 1923, ch. 100, § 8; Shan. Supp., § 2534a35; Code 1932, §3793; T.C.A. (orig. ed.), § 43-1811.
Tenn. Code Ann. § 43-29-109 — TN Code / Title 43 / Chapter 29 / Section 43-29-109
Withholding and transfer of funds - Report
Status: in_force

The assessed rate as approved by referendum shall be deducted by the purchaser from the amount paid to the producer at the first point of sale. Each purchaser shall submit to the department or to the department's contractor or designee the total amount of funds withheld from producers on or before a date specified by the commissioner. The assessment levied on each head of cattle sold shall not apply to cattle purchased by a purchaser whose only share in the proceeds of a sale is a sales commission or handling fee or other service fee and who has delivered the cattle to facilitate the transfer of ownership from the seller and a third party. These cattle must be resold within ten (10) days from the date on which the person acquired ownership, with certification made to the department on forms approved by the commissioner. On or before the twentieth day of January, April, July and October of each year, the commissioner shall pay to the promotion board for that particular commodity all proceeds collected, less refunds and less an amount not to exceed five percent (5%) of the gross amount collected, or a sum sufficient to cover all of the department's expenses of collection, whichever is less, together with a report of all funds collected and disbursed. Acts 1985, ch. 188, § 9; 2012, ch. 1049, § 1.
The assessed rate as approved by referendum shall be deducted by the purchaser from the amount paid to the producer at the first point of sale. Each purchaser shall submit to the department or to the department's contractor or designee the total amount of funds withheld from producers on or before a date specified by the commissioner. The assessment levied on each head of cattle sold shall not apply to cattle purchased by a purchaser whose only share in the proceeds of a sale is a sales commission or handling fee or other service fee and who has delivered the cattle to facilitate the transfer of ownership from the seller and a third party. These cattle must be resold within ten (10) days from the date on which the person acquired ownership, with certification made to the department on forms approved by the commissioner. On or before the twentieth day of January, April, July and October of each year, the commissioner shall pay to the promotion board for that particular commodity all proceeds collected, less refunds and less an amount not to exceed five percent (5%) of the gross amount collected, or a sum sufficient to cover all of the department's expenses of collection, whichever is less, together with a report of all funds collected and disbursed.
Acts 1985, ch. 188, § 9; 2012, ch. 1049, § 1.
Tenn. Code Ann. § 43-6-401 — TN Code / Title 43 / Chapter 6 / Section 43-6-401
Purpose
Status: in_force

The general assembly has found and determined and does declare that the boll weevil is a public nuisance, a pest and a menace to the cotton industry. Due to the interstate nature of boll weevil infestation, it is necessary to secure the cooperation of cotton growers and other state and federal governments to carry out a program of boll weevil suppression or eradication. The purpose of this part is to secure the suppression or eradication of the boll weevil and to provide for certification of a cotton grower's organization to cooperate with state and federal agencies in the administration of cost sharing programs for the suppression or eradication of the boll weevil. Acts 1989, ch. 350, § 1.
The general assembly has found and determined and does declare that the boll weevil is a public nuisance, a pest and a menace to the cotton industry. Due to the interstate nature of boll weevil infestation, it is necessary to secure the cooperation of cotton growers and other state and federal governments to carry out a program of boll weevil suppression or eradication. The purpose of this part is to secure the suppression or eradication of the boll weevil and to provide for certification of a cotton grower's organization to cooperate with state and federal agencies in the administration of cost sharing programs for the suppression or eradication of the boll weevil.
Acts 1989, ch. 350, § 1.
Tenn. Code Ann. § 43-38-608 — TN Code / Title 43 / Chapter 38 / Section 43-38-608
Resignation of directors
Status: in_force

(a) A director may resign at any time by delivering written notice to the board of directors, its chair or president, or to the corporation. (b) A resignation is effective when the notice is delivered, unless the notice specifies a later effective date. Acts 2004, ch. 534, § 25.
(a) A director may resign at any time by delivering written notice to the board of directors, its chair or president, or to the corporation.
(b) A resignation is effective when the notice is delivered, unless the notice specifies a later effective date.
Acts 2004, ch. 534, § 25.
Tenn. Code Ann. § 43-38-1001 — TN Code / Title 43 / Chapter 38 / Section 43-38-1001
Dissolution by organizers or initial directors
Status: in_force

(a) A majority of the organizers or initial directors of a cooperative that has not issued membership interest or has not commenced business may dissolve the cooperative by delivering to the secretary of state for filing articles of dissolution and termination that set forth: (1) The name of the cooperative; (2) The date of its incorporation; (3) Either that: (A) None of the cooperative membership interest have been issued; or (B) The cooperative has not commenced business; (4) That no debt of the cooperative remains unpaid; (5) That the net assets of the cooperative remaining after winding up have been distributed to the members, if membership interests were issued; and (6) That a majority of the organizers or initial directors authorized the dissolution and the date dissolution was thus authorized. (b) If the secretary of state finds that the articles of dissolution and termination of its cooperative existence comply with the requirements of subsection (a), the secretary of state shall file the articles of dissolution, except that the termination of its existence shall not take away or impair any remedy to or against the cooperative, its directors, officers or members, for any right of claim existing or any liability incurred, prior to the termination. Any such action or proceeding by or against the cooperative may be prosecuted or defended by the cooperative in its name. The members, directors, and officers have the power to take such action as may be appropriate to protect the remedy, right or claim. Acts 2004, ch. 534, § 32.
(a) A majority of the organizers or initial directors of a cooperative that has not issued membership interest or has not commenced business may dissolve the cooperative by delivering to the secretary of state for filing articles of dissolution and termination that set forth: (1) The name of the cooperative; (2) The date of its incorporation; (3) Either that: (A) None of the cooperative membership interest have been issued; or (B) The cooperative has not commenced business; (4) That no debt of the cooperative remains unpaid; (5) That the net assets of the cooperative remaining after winding up have been distributed to the members, if membership interests were issued; and (6) That a majority of the organizers or initial directors authorized the dissolution and the date dissolution was thus authorized.
(1) The name of the cooperative;
(2) The date of its incorporation;
(3) Either that: (A) None of the cooperative membership interest have been issued; or (B) The cooperative has not commenced business;
(A) None of the cooperative membership interest have been issued; or
(B) The cooperative has not commenced business;
(4) That no debt of the cooperative remains unpaid;
(5) That the net assets of the cooperative remaining after winding up have been distributed to the members, if membership interests were issued; and
(6) That a majority of the organizers or initial directors authorized the dissolution and the date dissolution was thus authorized.
(b) If the secretary of state finds that the articles of dissolution and termination of its cooperative existence comply with the requirements of subsection (a), the secretary of state shall file the articles of dissolution, except that the termination of its existence shall not take away or impair any remedy to or against the cooperative, its directors, officers or members, for any right of claim existing or any liability incurred, prior to the termination. Any such action or proceeding by or against the cooperative may be prosecuted or defended by the cooperative in its name. The members, directors, and officers have the power to take such action as may be appropriate to protect the remedy, right or claim.
Acts 2004, ch. 534, § 32.
Tenn. Code Ann. § 43-20-106 — TN Code / Title 43 / Chapter 20 / Section 43-20-106
Exemptions from part
Status: in_force

This part does not apply to any person who purchases one thousand (1,000) or fewer bushels of soybeans in any calendar year; provided, that the person is not regularly engaged in the purchase of soybeans. Acts 1977, ch. 208, § 4; T.C.A., § 43-3006.
This part does not apply to any person who purchases one thousand (1,000) or fewer bushels of soybeans in any calendar year; provided, that the person is not regularly engaged in the purchase of soybeans.
Acts 1977, ch. 208, § 4; T.C.A., § 43-3006.
Tenn. Code Ann. § 43-14-304 — TN Code / Title 43 / Chapter 14 / Section 43-14-304
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 203,s 3, eff. 4/22/2021. Acts 1937 (2nd E. S.), ch. 5, § 3; C. Supp. 1950, § 552.17 (Williams, § 584.11); T.C.A. (orig. ed.), § 43-1604; Acts 2004, ch. 517, § 7.
Repealed by 2021 Tenn. Acts, ch. 203,s 3, eff. 4/22/2021.
Acts 1937 (2nd E. S.), ch. 5, § 3; C. Supp. 1950, § 552.17 (Williams, § 584.11); T.C.A. (orig. ed.), § 43-1604; Acts 2004, ch. 517, § 7.
Tenn. Code Ann. § 43-11-405 — TN Code / Title 43 / Chapter 11 / Section 43-11-405
License applications - Manufacturers
Status: in_force

(a) Every manufacturer who distributes liming materials in this state shall submit an application for a license to the commissioner on or before July 1 of each year, or prior to the manufacture or distribution of the liming material. All applications shall be submitted on forms furnished by the commissioner. (b) All license applications must be accompanied by payment of a fee set by rule pursuant to § 43-1-703 . All licenses expire on June 30 of the following year. Amended by 2015 Tenn. Acts, ch. 485,s 14, eff. 7/1/2015. Acts 1989, ch. 7, § 6.
(a) Every manufacturer who distributes liming materials in this state shall submit an application for a license to the commissioner on or before July 1 of each year, or prior to the manufacture or distribution of the liming material. All applications shall be submitted on forms furnished by the commissioner.
(b) All license applications must be accompanied by payment of a fee set by rule pursuant to § 43-1-703 . All licenses expire on June 30 of the following year.
Amended by 2015 Tenn. Acts, ch. 485,s 14, eff. 7/1/2015.
Acts 1989, ch. 7, § 6.
Tenn. Code Ann. § 43-19-110 — TN Code / Title 43 / Chapter 19 / Section 43-19-110
Private warehouses
Status: in_force

Nothing in this chapter shall prevent any person from establishing a private warehouse for the storage of tobacco. Acts 1870-1871, ch. 65, § 27; Shan., § 3407; Code 1932, § 6505; T.C.A. (orig. ed.), § 43-2130.
Nothing in this chapter shall prevent any person from establishing a private warehouse for the storage of tobacco.
Acts 1870-1871, ch. 65, § 27; Shan., § 3407; Code 1932, § 6505; T.C.A. (orig. ed.), § 43-2130.
Tenn. Code Ann. § 43-16-106 — TN Code / Title 43 / Chapter 16 / Section 43-16-106
Preliminary inquiry as to probable success
Status: in_force

Every group of persons contemplating the organization of an association under this chapter is urged to communicate with the college of agricultural sciences and natural resources, University of Tennessee, which will inform the group whatever the survey of the marketing conditions affecting the commodities proposed to be handled may indicate regarding probable success. Acts 1923, ch. 100, § 5; Shan. Supp., § 2534a30; Code 1932, §3788; T.C.A. (orig. ed.), § 43-1806.
Every group of persons contemplating the organization of an association under this chapter is urged to communicate with the college of agricultural sciences and natural resources, University of Tennessee, which will inform the group whatever the survey of the marketing conditions affecting the commodities proposed to be handled may indicate regarding probable success.
Acts 1923, ch. 100, § 5; Shan. Supp., § 2534a30; Code 1932, §3788; T.C.A. (orig. ed.), § 43-1806.
Tenn. Code Ann. § 43-38-108 — TN Code / Title 43 / Chapter 38 / Section 43-38-108
Change of registered office or registered agent
Status: in_force

(a) A cooperative may change its registered office or agent, or both, upon filing in the office of the secretary of state a statement of change setting forth: (1) The name of the cooperative; (2) If the address of its current registered office is to be changed, the address to which the registered office is to be changed, and the zip code for the office, and the county in which the office is located; (3) If its current registered agent is to be changed, the name of its new registered agent; and (4) That the address of its registered office and the address of the business office of its registered agent, as changed, will be identical. (b) If a registered agent changes the street address of the registered agent's business office, the registered agent may change the street address of the registered office of any cooperative for which that registered agent is the registered agent by notifying the cooperative in writing of the change, either manually or in facsimile, and delivering to the secretary of state for filing a statement that companies with the requirement of subsection (a) and states that the cooperative has been notified of the change. The statement shall be signed and delivered to the secretary of state. If the secretary of state finds that the statement conforms to this chapter, the secretary of state shall file the statement in the secretary of state's office, and upon filing the change of address of the registered office or the appointment of a new registered agent or both, as the case may be is effective. Acts 2004, ch. 534, § 8.
(a) A cooperative may change its registered office or agent, or both, upon filing in the office of the secretary of state a statement of change setting forth: (1) The name of the cooperative; (2) If the address of its current registered office is to be changed, the address to which the registered office is to be changed, and the zip code for the office, and the county in which the office is located; (3) If its current registered agent is to be changed, the name of its new registered agent; and (4) That the address of its registered office and the address of the business office of its registered agent, as changed, will be identical.
(1) The name of the cooperative;
(2) If the address of its current registered office is to be changed, the address to which the registered office is to be changed, and the zip code for the office, and the county in which the office is located;
(3) If its current registered agent is to be changed, the name of its new registered agent; and
(4) That the address of its registered office and the address of the business office of its registered agent, as changed, will be identical.
(b) If a registered agent changes the street address of the registered agent's business office, the registered agent may change the street address of the registered office of any cooperative for which that registered agent is the registered agent by notifying the cooperative in writing of the change, either manually or in facsimile, and delivering to the secretary of state for filing a statement that companies with the requirement of subsection (a) and states that the cooperative has been notified of the change. The statement shall be signed and delivered to the secretary of state. If the secretary of state finds that the statement conforms to this chapter, the secretary of state shall file the statement in the secretary of state's office, and upon filing the change of address of the registered office or the appointment of a new registered agent or both, as the case may be is effective.
Acts 2004, ch. 534, § 8.
Tenn. Code Ann. § 43-36-110 — TN Code / Title 43 / Chapter 36 / Section 43-36-110
[Repealed]
Status: repealed

Acts 1999, ch. 175, §11; repealed by Acts 2014 , ch. 503, § 2, effective 2/28/2014.
Tenn. Code Ann. § 43-16-127 — TN Code / Title 43 / Chapter 16 / Section 43-16-127
Preferred stock - Redemption or retirement
Status: in_force

Any association organized with stock under this chapter may issue preferred stock, with or without the right to vote. Preferred stock may be sold to any person, member or nonmember, and may be redeemable or retireable by the association on such terms and conditions as may be provided for by the articles of incorporation and printed on the face of the certificate. Acts 1923, ch. 100, § 15; Shan. Supp., § 2534a52; Code 1932, §3810; T.C.A. (orig. ed.), § 43-1828.
Any association organized with stock under this chapter may issue preferred stock, with or without the right to vote. Preferred stock may be sold to any person, member or nonmember, and may be redeemable or retireable by the association on such terms and conditions as may be provided for by the articles of incorporation and printed on the face of the certificate.
Acts 1923, ch. 100, § 15; Shan. Supp., § 2534a52; Code 1932, §3810; T.C.A. (orig. ed.), § 43-1828.
Tenn. Code Ann. § 43-38-1020 — TN Code / Title 43 / Chapter 38 / Section 43-38-1020
Filing of claims
Status: in_force

(a) In proceedings to dissolve a cooperative, the court may require all creditors and claimants of the cooperative to file their claims under oath with the court administrator or with the receiver in a form prescribed by the court. (b) If the court requires the filing of claims, the court shall: (1) Set a date, by order, at least one hundred twenty (120) days after the date the order is filed, as the last day for the filing of claims; and (2) Prescribe the notice of the fixed date that shall be given to creditors and claimants. (c) Before the fixed date, the court may extend the time for filing claims. Creditors and claimants failing to file claims on or before the fixed date may be barred, by order of court, from claiming an interest in or receiving payment out of the property or assets of the cooperative. Acts 2004, ch. 534, § 32.
(a) In proceedings to dissolve a cooperative, the court may require all creditors and claimants of the cooperative to file their claims under oath with the court administrator or with the receiver in a form prescribed by the court.
(b) If the court requires the filing of claims, the court shall: (1) Set a date, by order, at least one hundred twenty (120) days after the date the order is filed, as the last day for the filing of claims; and (2) Prescribe the notice of the fixed date that shall be given to creditors and claimants.
(1) Set a date, by order, at least one hundred twenty (120) days after the date the order is filed, as the last day for the filing of claims; and
(2) Prescribe the notice of the fixed date that shall be given to creditors and claimants.
(c) Before the fixed date, the court may extend the time for filing claims. Creditors and claimants failing to file claims on or before the fixed date may be barred, by order of court, from claiming an interest in or receiving payment out of the property or assets of the cooperative.
Acts 2004, ch. 534, § 32.
Tenn. Code Ann. § 43-29-116 — TN Code / Title 43 / Chapter 29 / Section 43-29-116
Personal debt - Penalties - Collection
Status: in_force

Any amount withheld, or that should have been withheld, by the purchaser due to an assessment shall be a personal debt of the purchaser. If the purchaser's monthly payments to the commissioner are not timely made, a penalty of ten percent (10%) of the amount due shall be imposed. The commissioner may bring a civil action against the purchaser for collection of the debt and the above specified ten percent (10%) penalty. Acts 1985, ch. 188, § 16.
Any amount withheld, or that should have been withheld, by the purchaser due to an assessment shall be a personal debt of the purchaser. If the purchaser's monthly payments to the commissioner are not timely made, a penalty of ten percent (10%) of the amount due shall be imposed. The commissioner may bring a civil action against the purchaser for collection of the debt and the above specified ten percent (10%) penalty.
Acts 1985, ch. 188, § 16.
Tenn. Code Ann. § 43-16-134 — TN Code / Title 43 / Chapter 16 / Section 43-16-134
Provisions of marketing contracts - Liquidated damages - Injunction against breach
Status: in_force

(a) The bylaws or the marketing contract may fix, as liquidated damages, specific sums to be paid by the member or stockholder to the association upon the breach by the member or stockholder of any provision of the marketing contract regarding the sale or delivery or withholding of products, and may further provide that the member will pay all costs, premiums for bonds, expenses, and fees, in case any action is brought upon the contract by the association. Any such provisions shall be valid and enforceable in the courts of this state. Such clauses providing for liquidated damages shall be enforceable as such and shall not be regarded as penalties. (b) In the event of any such breach or threatened breach of the marketing contract by a member, the association shall be entitled to an injunction to prevent the further breach of the contract and to a decree of specific performance thereof. Pending the adjudication of such an action and upon filing a verified complaint showing the breach or threatened breach, and upon filing a sufficient bond, the association shall be entitled to a temporary restraining order and preliminary injunction against the member. Acts 1923, ch. 100, § 19; Shan. Supp., § 2534a59; Code 1932, §3817; T.C.A. (orig. ed.), § 43-1835.
(a) The bylaws or the marketing contract may fix, as liquidated damages, specific sums to be paid by the member or stockholder to the association upon the breach by the member or stockholder of any provision of the marketing contract regarding the sale or delivery or withholding of products, and may further provide that the member will pay all costs, premiums for bonds, expenses, and fees, in case any action is brought upon the contract by the association. Any such provisions shall be valid and enforceable in the courts of this state. Such clauses providing for liquidated damages shall be enforceable as such and shall not be regarded as penalties.
(b) In the event of any such breach or threatened breach of the marketing contract by a member, the association shall be entitled to an injunction to prevent the further breach of the contract and to a decree of specific performance thereof. Pending the adjudication of such an action and upon filing a verified complaint showing the breach or threatened breach, and upon filing a sufficient bond, the association shall be entitled to a temporary restraining order and preliminary injunction against the member.
Acts 1923, ch. 100, § 19; Shan. Supp., § 2534a59; Code 1932, §3817; T.C.A. (orig. ed.), § 43-1835.
Tenn. Code Ann. § 43-16-104 — TN Code / Title 43 / Chapter 16 / Section 43-16-104
Nonprofit cooperative association - Persons entitled to form
Status: in_force

Eleven (11) or more persons, a majority of whom are residents of this state, engaged in the production of agricultural products, may form a nonprofit, cooperative association, with or without capital stock, under this chapter. Acts 1923, ch. 100, § 3; Shan. Supp., § 2534a28; Code 1932, §3786; T.C.A. (orig. ed.), § 43-1804.
Eleven (11) or more persons, a majority of whom are residents of this state, engaged in the production of agricultural products, may form a nonprofit, cooperative association, with or without capital stock, under this chapter.
Acts 1923, ch. 100, § 3; Shan. Supp., § 2534a28; Code 1932, §3786; T.C.A. (orig. ed.), § 43-1804.
Tenn. Code Ann. § 43-38-805 — TN Code / Title 43 / Chapter 38 / Section 43-38-805
Written notice to members
Status: in_force

(a) If proposed cooperative action creating dissenter's rights under § 43-38-802 is authorized at a members' meeting, the cooperative shall deliver a written dissenter's notice to all members who satisfied the requirements of § 43-38-804 . (b) The dissenter's notice must be sent no later than ten (10) days after the cooperative action was authorized by the members or effectuated, whichever is the first to occur, and must: (1) State where the payment demand must be sent; (2) Supply a form for demanding payment that includes the date of the first announcement to news media or to members of the principal terms of the proposed cooperative action and requires that the person asserting dissenter's rights certify whether or not the member acquired membership interest before that date; (3) Set a date by which the cooperative must receive the payment demand, which date may not be fewer than one (1) nor more than two (2) months after the date required in subsection (a) is delivered; and (4) Be accompanied by a copy of this part, if the cooperative has not previously sent a copy of this part to the member pursuant to § 43-38-803 . Acts 2004, ch. 534, § 27.
(a) If proposed cooperative action creating dissenter's rights under § 43-38-802 is authorized at a members' meeting, the cooperative shall deliver a written dissenter's notice to all members who satisfied the requirements of § 43-38-804 .
(b) The dissenter's notice must be sent no later than ten (10) days after the cooperative action was authorized by the members or effectuated, whichever is the first to occur, and must: (1) State where the payment demand must be sent; (2) Supply a form for demanding payment that includes the date of the first announcement to news media or to members of the principal terms of the proposed cooperative action and requires that the person asserting dissenter's rights certify whether or not the member acquired membership interest before that date; (3) Set a date by which the cooperative must receive the payment demand, which date may not be fewer than one (1) nor more than two (2) months after the date required in subsection (a) is delivered; and (4) Be accompanied by a copy of this part, if the cooperative has not previously sent a copy of this part to the member pursuant to § 43-38-803 .
(1) State where the payment demand must be sent;
(2) Supply a form for demanding payment that includes the date of the first announcement to news media or to members of the principal terms of the proposed cooperative action and requires that the person asserting dissenter's rights certify whether or not the member acquired membership interest before that date;
(3) Set a date by which the cooperative must receive the payment demand, which date may not be fewer than one (1) nor more than two (2) months after the date required in subsection (a) is delivered; and
(4) Be accompanied by a copy of this part, if the cooperative has not previously sent a copy of this part to the member pursuant to § 43-38-803 .
Acts 2004, ch. 534, § 27.
Tenn. Code Ann. § 43-11-101 — TN Code / Title 43 / Chapter 11 / Section 43-11-101
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Commercial Fertilizer Law of 1969." Acts 1969, ch. 102, § 1; T.C.A., § 43-1121.
This part shall be known and may be cited as the "Tennessee Commercial Fertilizer Law of 1969."
Acts 1969, ch. 102, § 1; T.C.A., § 43-1121.
Tenn. Code Ann. § 43-1-109 — TN Code / Title 43 / Chapter 1 / Section 43-1-109
Primary inspection agency for grist mills
Status: in_force

The department of agriculture, in its role as the primary food manufacturing inspection agency for this state, shall be the primary inspection agency for grist mills that are located in this state. Added by 2016 Tenn. Acts, ch. 764,s 1, eff. 4/19/2016.
The department of agriculture, in its role as the primary food manufacturing inspection agency for this state, shall be the primary inspection agency for grist mills that are located in this state.
Added by 2016 Tenn. Acts, ch. 764,s 1, eff. 4/19/2016.
Tenn. Code Ann. § 43-38-1006 — TN Code / Title 43 / Chapter 38 / Section 43-38-1006
Appeal from denial of reinstatement
Status: in_force

(a) If the secretary of state denies a cooperative's application for reinstatement following administrative dissolution, the secretary of state shall serve the cooperative under §§ 43-38-110 and 43-38-111 with a written notice that explains the reason or reasons for denial. (b) The cooperative may appeal the denial of reinstatement to the chancery court of Davidson County within thirty (30) days after service of the notice of denial. The cooperative may appeal by petitioning the court to set aside the dissolution and attaching to the petition copies of the secretary of state's certificate of dissolution, the cooperative's application for reinstatement, and the secretary of state's notice of denial. (c) The court may summarily order the secretary of state to reinstate the dissolved cooperative or may take other action the court considers appropriate. (d) The court's final decision may be appealed as in other civil proceedings. Acts 2004, ch. 534, § 32.
(a) If the secretary of state denies a cooperative's application for reinstatement following administrative dissolution, the secretary of state shall serve the cooperative under §§ 43-38-110 and 43-38-111 with a written notice that explains the reason or reasons for denial.
(b) The cooperative may appeal the denial of reinstatement to the chancery court of Davidson County within thirty (30) days after service of the notice of denial. The cooperative may appeal by petitioning the court to set aside the dissolution and attaching to the petition copies of the secretary of state's certificate of dissolution, the cooperative's application for reinstatement, and the secretary of state's notice of denial.
(c) The court may summarily order the secretary of state to reinstate the dissolved cooperative or may take other action the court considers appropriate.
(d) The court's final decision may be appealed as in other civil proceedings.
Acts 2004, ch. 534, § 32.
Tenn. Code Ann. § 43-16-142 — TN Code / Title 43 / Chapter 16 / Section 43-16-142
Associations of other states upon compliance with laws as to foreign corporations doing business in this state
Status: in_force

Any corporation or association organized under generally similar laws of another state shall be allowed to carry on any proper activities, operations or functions in this state upon compliance with the general regulations applicable to foreign corporations desiring to do business in this state, and the payment into the office of the secretary of state the same fees that are required to be paid under title 48, chapter 1, part 13 [repealed], and by paying all other taxes that other foreign corporations are required to pay in Tennessee, and all contracts that could be made by any association, incorporated under this chapter, made by or with such association, shall be legal and valid and enforceable in this state with all of the remedies set forth in this chapter. Acts 1923, ch. 100, § 25; Shan. Supp., § 2534a67; Code 1932, §3825; Acts 1941, ch. 33, § 1; 1949, ch. 158, § 1; C. Supp. 1950, § 3825; impl. am. Acts 1968, ch. 523; T.C.A. (orig. ed.), § 43-1843.
Any corporation or association organized under generally similar laws of another state shall be allowed to carry on any proper activities, operations or functions in this state upon compliance with the general regulations applicable to foreign corporations desiring to do business in this state, and the payment into the office of the secretary of state the same fees that are required to be paid under title 48, chapter 1, part 13 [repealed], and by paying all other taxes that other foreign corporations are required to pay in Tennessee, and all contracts that could be made by any association, incorporated under this chapter, made by or with such association, shall be legal and valid and enforceable in this state with all of the remedies set forth in this chapter.
Acts 1923, ch. 100, § 25; Shan. Supp., § 2534a67; Code 1932, §3825; Acts 1941, ch. 33, § 1; 1949, ch. 158, § 1; C. Supp. 1950, § 3825; impl. am. Acts 1968, ch. 523; T.C.A. (orig. ed.), § 43-1843.
Tenn. Code Ann. § 43-39-103 — TN Code / Title 43 / Chapter 39 / Section 43-39-103
Warning notice
Status: in_force

(a) (1) Every agritourism professional shall post and maintain a sign that contains the warning notice specified in subsection (b). The sign shall be placed in a clearly visible location at the entrance to the agritourism location and at the site of the agritourism activity. The warning notice shall consist of a sign in black letters, with each letter to be a minimum of one inch (1") in height. (2) Every written contract entered into by an agritourism professional for the providing of professional services, instruction or the rental of equipment to a participant for purposes of engaging in or participating in an agritourism activity, whether or not the contract involves agritourism activities on or off the site of the agritourism activity, shall contain in clearly readable print the warning notice specified in subsection (b). (b) The signs and contracts described in subsection (a) shall contain the following language or substantially similar language: Click here to view form. (c) Failure to comply with this section shall prevent an agritourism professional from invoking the privileges of immunity provided by this chapter. Amended by 2020 Tenn. Acts, ch. 683, s 2, eff. 6/15/2020. Acts 2009 , ch. 498, § 4.
(a) (1) Every agritourism professional shall post and maintain a sign that contains the warning notice specified in subsection (b). The sign shall be placed in a clearly visible location at the entrance to the agritourism location and at the site of the agritourism activity. The warning notice shall consist of a sign in black letters, with each letter to be a minimum of one inch (1") in height. (2) Every written contract entered into by an agritourism professional for the providing of professional services, instruction or the rental of equipment to a participant for purposes of engaging in or participating in an agritourism activity, whether or not the contract involves agritourism activities on or off the site of the agritourism activity, shall contain in clearly readable print the warning notice specified in subsection (b).
(1) Every agritourism professional shall post and maintain a sign that contains the warning notice specified in subsection (b). The sign shall be placed in a clearly visible location at the entrance to the agritourism location and at the site of the agritourism activity. The warning notice shall consist of a sign in black letters, with each letter to be a minimum of one inch (1") in height.
(2) Every written contract entered into by an agritourism professional for the providing of professional services, instruction or the rental of equipment to a participant for purposes of engaging in or participating in an agritourism activity, whether or not the contract involves agritourism activities on or off the site of the agritourism activity, shall contain in clearly readable print the warning notice specified in subsection (b).
(b) The signs and contracts described in subsection (a) shall contain the following language or substantially similar language: Click here to view form.
Click here to view form.
(c) Failure to comply with this section shall prevent an agritourism professional from invoking the privileges of immunity provided by this chapter.
Amended by 2020 Tenn. Acts, ch. 683, s 2, eff. 6/15/2020.
Acts 2009 , ch. 498, § 4.
39_103_1 - Attachment
Tenn. Code Ann. § 43-8-308 — TN Code / Title 43 / Chapter 8 / Section 43-8-308
Exemption from law
Status: in_force

(a) This part does not apply to local, state, or federal government aerial operations nor where legitimate agricultural experiments are being conducted as recognized by the commissioner, nor shall this part apply where a landowner wishes to make an application of pesticides with the landowner's personally owned aircraft on the landowner's personally owned land. (b) The exemptions enumerated in this section do not apply to any user of pesticides that have been designated for restricted use. Acts 1973, ch. 90, § 8; 1975, ch. 209, § 3; T.C.A., §§ 43-2908, 43-9-108.
(a) This part does not apply to local, state, or federal government aerial operations nor where legitimate agricultural experiments are being conducted as recognized by the commissioner, nor shall this part apply where a landowner wishes to make an application of pesticides with the landowner's personally owned aircraft on the landowner's personally owned land.
(b) The exemptions enumerated in this section do not apply to any user of pesticides that have been designated for restricted use.
Acts 1973, ch. 90, § 8; 1975, ch. 209, § 3; T.C.A., §§ 43-2908, 43-9-108.
Tenn. Code Ann. § 43-38-1017 — TN Code / Title 43 / Chapter 38 / Section 43-38-1017
Judicial dissolution
Status: in_force

(a) On application by the attorney general and reporter, or by or for a member, the court may decree dissolution of a cooperative whenever it is not reasonably practicable to carry on the business in conformity with the articles and the operating agreement. (b) The dissolution is effective upon the decree of dissolution becoming final and not eligible for appeal. The decree shall be filed with the office of the secretary of state. Acts 2004, ch. 534, § 32.
(a) On application by the attorney general and reporter, or by or for a member, the court may decree dissolution of a cooperative whenever it is not reasonably practicable to carry on the business in conformity with the articles and the operating agreement.
(b) The dissolution is effective upon the decree of dissolution becoming final and not eligible for appeal. The decree shall be filed with the office of the secretary of state.
Acts 2004, ch. 534, § 32.
Tenn. Code Ann. § 43-11-125 — TN Code / Title 43 / Chapter 11 / Section 43-11-125
Local legislation
Status: in_force

(a) No political subdivision may regulate the registration, packaging, labeling, sale, storage, distribution, use and application of fertilizers; and, in addition, no political subdivision may adopt or continue in effect local legislation relating to the registration, packaging, labeling, sale, storage, distribution, use or application of fertilizers. Local legislation in violation of this section is void and unenforceable. (b) Subsection (a) shall not apply in any county having a population in excess of two hundred thousand (200,000), according to the 2000 federal census or any subsequent federal census. Acts 2008, ch. 1040, §§ 2, 3.
(a) No political subdivision may regulate the registration, packaging, labeling, sale, storage, distribution, use and application of fertilizers; and, in addition, no political subdivision may adopt or continue in effect local legislation relating to the registration, packaging, labeling, sale, storage, distribution, use or application of fertilizers. Local legislation in violation of this section is void and unenforceable.
(b) Subsection (a) shall not apply in any county having a population in excess of two hundred thousand (200,000), according to the 2000 federal census or any subsequent federal census.
Acts 2008, ch. 1040, §§ 2, 3.
Tenn. Code Ann. § 43-11-124 — TN Code / Title 43 / Chapter 11 / Section 43-11-124
Distribution of adulterated fertilizer products
Status: in_force

No person shall distribute an adulterated fertilizer product. A fertilizer shall be deemed to be adulterated if: (1) It contains any deleterious or harmful ingredient in sufficient amount to render it injurious to beneficial plant life when applied in accordance with directions for use on the label, or if adequate warning statements or directions for use that may be necessary to protect plant life are not shown upon the label; (2) Its composition falls below or differs from what it is purported to possess by its labeling; or (3) It contains unwanted crop seed or weed seed. Acts 1986, ch. 659, § 10.
No person shall distribute an adulterated fertilizer product. A fertilizer shall be deemed to be adulterated if:
(1) It contains any deleterious or harmful ingredient in sufficient amount to render it injurious to beneficial plant life when applied in accordance with directions for use on the label, or if adequate warning statements or directions for use that may be necessary to protect plant life are not shown upon the label;
(2) Its composition falls below or differs from what it is purported to possess by its labeling; or
(3) It contains unwanted crop seed or weed seed.
Acts 1986, ch. 659, § 10.
Tenn. Code Ann. § 43-21-112 — TN Code / Title 43 / Chapter 21 / Section 43-21-112
Limitation on amount of state aid
Status: in_force

No fair shall receive state aid in excess of fifty percent (50%) of its approved agricultural premiums in any one (1) year under this chapter. In no case shall a fair association in any one (1) season be paid in both state aid and merit award combined more than one half (½) the amount paid by the association in approved agricultural premiums as set out in § 43-21-106 . Acts 1957, ch. 261, § 4; 1963, ch. 135, § 3; T.C.A., § 43-2412; Acts 1980, ch. 670, § 6.
No fair shall receive state aid in excess of fifty percent (50%) of its approved agricultural premiums in any one (1) year under this chapter. In no case shall a fair association in any one (1) season be paid in both state aid and merit award combined more than one half (½) the amount paid by the association in approved agricultural premiums as set out in § 43-21-106 .
Acts 1957, ch. 261, § 4; 1963, ch. 135, § 3; T.C.A., § 43-2412; Acts 1980, ch. 670, § 6.
Tenn. Code Ann. § 43-1-801 — TN Code / Title 43 / Chapter 1 / Section 43-1-801
Established
Status: in_force

There is established special FFA endowment funds in the Tennessee FFA Foundation, Inc. Acts 1999, ch. 535, § 1.
There is established special FFA endowment funds in the Tennessee FFA Foundation, Inc.
Acts 1999, ch. 535, § 1.
Tenn. Code Ann. § 43-19-203 — TN Code / Title 43 / Chapter 19 / Section 43-19-203
Reinspection - Making
Status: in_force

(a) Should any planter, or the planter's agent representing the planter, claim that the sample drawn from the planter's tobacco by an inspector does not represent fairly the hogshead from which it was taken, the planter may demand and have that hogshead reinspected. (b) The tobacco board of trade, where one exists, shall appoint a committee, consisting of two (2) warehousemen and one (1) buyer, who shall resample such tobacco, so as to show, as nearly as may be, the average condition and quality of the hogshead; and upon such sample so drawn by the committee, and the sample drawn by the inspector, the board of trade shall proceed to adjudge, in the same manner and in all respects as reclamations in favor of the buyer are determined, the amount, if any, the hogshead has been undersampled by the inspector, and the amount so adjudged shall be paid by the inspector to the planter. (c) Nothing in this section shall be construed to prevent any planter from guaranteeing the planter's tobacco to come up to the sample drawn by any inspector. Acts 1889, ch. 192, § 3; Shan., § 3389a; Code 1932, § 6487; T.C.A. (orig. ed.), § 43-2112.
(a) Should any planter, or the planter's agent representing the planter, claim that the sample drawn from the planter's tobacco by an inspector does not represent fairly the hogshead from which it was taken, the planter may demand and have that hogshead reinspected.
(b) The tobacco board of trade, where one exists, shall appoint a committee, consisting of two (2) warehousemen and one (1) buyer, who shall resample such tobacco, so as to show, as nearly as may be, the average condition and quality of the hogshead; and upon such sample so drawn by the committee, and the sample drawn by the inspector, the board of trade shall proceed to adjudge, in the same manner and in all respects as reclamations in favor of the buyer are determined, the amount, if any, the hogshead has been undersampled by the inspector, and the amount so adjudged shall be paid by the inspector to the planter.
(c) Nothing in this section shall be construed to prevent any planter from guaranteeing the planter's tobacco to come up to the sample drawn by any inspector.
Acts 1889, ch. 192, § 3; Shan., § 3389a; Code 1932, § 6487; T.C.A. (orig. ed.), § 43-2112.
Tenn. Code Ann. § 43-6-302 — TN Code / Title 43 / Chapter 6 / Section 43-6-302
[Repealed]
Status: repealed

Repealed by 2014 Tenn. Acts, ch. 509, s 2, eff. 3/6/2014. Acts 1969, ch. 81, § 2; T.C.A., §§ 43-2802, 43-7-102.
Repealed by 2014 Tenn. Acts, ch. 509, s 2, eff. 3/6/2014.
Acts 1969, ch. 81, § 2; T.C.A., §§ 43-2802, 43-7-102.
Tenn. Code Ann. § 43-38-120 — TN Code / Title 43 / Chapter 38 / Section 43-38-120
Filing of annual reports - Required information - Currency of report - Time of filing
Status: in_force

(a) Each domestic cooperative shall deliver to the secretary of state for filing an annual report that sets forth: (1) The name of the cooperative and the jurisdiction under whose law it is incorporated; (2) The street address and zip code of its registered office and the name of its registered agent at that office in this state; (3) The street address, including the zip code, of its principal executive office; (4) The names and business addresses, including the zip code, of its board; (5) The names and business addresses, including the zip code, of its managers or equivalent; (6) The federal employer identification number (FEIN) of the cooperative, or if such number has not been obtained, a representation that it has been applied for; and (7) The number of members of the cooperative at the date of filing. (b) Information in the annual report shall be current as of the date the annual report is executed on behalf of the cooperative. (c) Every cooperative shall file the annual report with the secretary of state on or before the first day of the fourth month following the end of the close of the cooperative's fiscal year. Acts 2004, ch. 534, § 23.
(a) Each domestic cooperative shall deliver to the secretary of state for filing an annual report that sets forth: (1) The name of the cooperative and the jurisdiction under whose law it is incorporated; (2) The street address and zip code of its registered office and the name of its registered agent at that office in this state; (3) The street address, including the zip code, of its principal executive office; (4) The names and business addresses, including the zip code, of its board; (5) The names and business addresses, including the zip code, of its managers or equivalent; (6) The federal employer identification number (FEIN) of the cooperative, or if such number has not been obtained, a representation that it has been applied for; and (7) The number of members of the cooperative at the date of filing.
(1) The name of the cooperative and the jurisdiction under whose law it is incorporated;
(2) The street address and zip code of its registered office and the name of its registered agent at that office in this state;
(3) The street address, including the zip code, of its principal executive office;
(4) The names and business addresses, including the zip code, of its board;
(5) The names and business addresses, including the zip code, of its managers or equivalent;
(6) The federal employer identification number (FEIN) of the cooperative, or if such number has not been obtained, a representation that it has been applied for; and
(7) The number of members of the cooperative at the date of filing.
(b) Information in the annual report shall be current as of the date the annual report is executed on behalf of the cooperative.
(c) Every cooperative shall file the annual report with the secretary of state on or before the first day of the fourth month following the end of the close of the cooperative's fiscal year.
Acts 2004, ch. 534, § 23.
Tenn. Code Ann. § 43-38-803 — TN Code / Title 43 / Chapter 38 / Section 43-38-803
Submitting action creating dissenter's right to vote
Status: in_force

(a) If proposed cooperative action creating dissenter's rights under § 43-38-802 is submitted to a vote at a members' meeting, the meeting notice must state that members are or may be entitled to assert dissenter's rights under this part and be accompanied by a copy of this part. (b) If cooperative action creating dissenter's rights under § 43-38-802 is taken without a vote of the members, the cooperative shall notify in writing all members entitled to assert dissenter's rights that the action was taken and send them the dissenter's notice described in § 43-38-805 . (c) A cooperative's failure to give notice pursuant to this section will not invalidate the cooperative action. Acts 2004, ch. 534, § 27.
(a) If proposed cooperative action creating dissenter's rights under § 43-38-802 is submitted to a vote at a members' meeting, the meeting notice must state that members are or may be entitled to assert dissenter's rights under this part and be accompanied by a copy of this part.
(b) If cooperative action creating dissenter's rights under § 43-38-802 is taken without a vote of the members, the cooperative shall notify in writing all members entitled to assert dissenter's rights that the action was taken and send them the dissenter's notice described in § 43-38-805 .
(c) A cooperative's failure to give notice pursuant to this section will not invalidate the cooperative action.
Acts 2004, ch. 534, § 27.
Tenn. Code Ann. § 43-38-1015 — TN Code / Title 43 / Chapter 38 / Section 43-38-1015
Dissolution under the supervision of the court
Status: in_force

After a notice of intent to dissolve has been filed with the secretary of state and before a certificate of dissolution has been issued, the cooperative or, for good cause shown, a member or creditor, may apply to a court within the county where the registered address is located to have the dissolution conducted or continued under the supervision of the court as provided in § 43-38-1018 . Acts 2004, ch. 534, § 32.
After a notice of intent to dissolve has been filed with the secretary of state and before a certificate of dissolution has been issued, the cooperative or, for good cause shown, a member or creditor, may apply to a court within the county where the registered address is located to have the dissolution conducted or continued under the supervision of the court as provided in § 43-38-1018 .
Acts 2004, ch. 534, § 32.
Tenn. Code Ann. § 43-14-201 — TN Code / Title 43 / Chapter 14 / Section 43-14-201
Short title
Status: in_force

This part is known and may be cited as the "Soil and Water Conservation Districts Law." Amended by 2021 Tenn. Acts, ch. 203, s 2, eff. 4/22/2021. Acts 1939, ch. 197, § 1; C. Supp. 1950, § 552.2 (Williams, § 552.31); T.C.A. (orig. ed.), § 43-1501.
This part is known and may be cited as the "Soil and Water Conservation Districts Law."
Amended by 2021 Tenn. Acts, ch. 203, s 2, eff. 4/22/2021.
Acts 1939, ch. 197, § 1; C. Supp. 1950, § 552.2 (Williams, § 552.31); T.C.A. (orig. ed.), § 43-1501.
Tenn. Code Ann. § 43-6-210 — TN Code / Title 43 / Chapter 6 / Section 43-6-210
Removal of county from provisions of part
Status: in_force

When any particular county has adopted this part and brings itself within this part, it may at any subsequent time remove itself from the provisions hereof by a proper resolution therefor adopted by a majority vote of the county legislative body. Upon the adoption of such resolution, this part shall not apply to the county. Acts 1961, ch. 306, § 9; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 43-2710.
When any particular county has adopted this part and brings itself within this part, it may at any subsequent time remove itself from the provisions hereof by a proper resolution therefor adopted by a majority vote of the county legislative body. Upon the adoption of such resolution, this part shall not apply to the county.
Acts 1961, ch. 306, § 9; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 43-2710.
Tenn. Code Ann. § 43-38-1005 — TN Code / Title 43 / Chapter 38 / Section 43-38-1005
Reinstatement following administrative dissolution
Status: in_force

(a) A cooperative administratively dissolved under § 43-38-1004 may apply to the secretary of state for reinstatement following administrative dissolution. The application must: (1) Recite the name of the cooperative at the date of its administrative dissolution; (2) State that the ground or grounds for dissolution either did not exist or have been eliminated; and (3) State a cooperative name that satisfies the requirements of § 43-38-105 . (b) (1) If the secretary of state determines that the application contains the information required by subsection (a) and that the information is correct, the secretary of state shall cancel the certificate of dissolution and prepare a certificate of reinstatement that recites the secretary of state's determination and the effective date of reinstatement, file the original of the certificate, and serve a copy on the cooperative in accordance with § 43-38-110 . (2) If the cooperative name in subdivision (a)(3) is different than the cooperative name in subdivision (a)(1), the application of reinstatement shall constitute an amendment to the articles insofar as it pertains to the cooperative's name. (c) When the reinstatement is effective, it relates back to and takes effect as of the effective date of the administrative dissolution and the cooperative shall resume carrying on its business as if the administrative dissolution had never occurred. Acts 2004, ch. 534, § 32.
(a) A cooperative administratively dissolved under § 43-38-1004 may apply to the secretary of state for reinstatement following administrative dissolution. The application must: (1) Recite the name of the cooperative at the date of its administrative dissolution; (2) State that the ground or grounds for dissolution either did not exist or have been eliminated; and (3) State a cooperative name that satisfies the requirements of § 43-38-105 .
(1) Recite the name of the cooperative at the date of its administrative dissolution;
(2) State that the ground or grounds for dissolution either did not exist or have been eliminated; and
(3) State a cooperative name that satisfies the requirements of § 43-38-105 .
(b) (1) If the secretary of state determines that the application contains the information required by subsection (a) and that the information is correct, the secretary of state shall cancel the certificate of dissolution and prepare a certificate of reinstatement that recites the secretary of state's determination and the effective date of reinstatement, file the original of the certificate, and serve a copy on the cooperative in accordance with § 43-38-110 . (2) If the cooperative name in subdivision (a)(3) is different than the cooperative name in subdivision (a)(1), the application of reinstatement shall constitute an amendment to the articles insofar as it pertains to the cooperative's name.
(1) If the secretary of state determines that the application contains the information required by subsection (a) and that the information is correct, the secretary of state shall cancel the certificate of dissolution and prepare a certificate of reinstatement that recites the secretary of state's determination and the effective date of reinstatement, file the original of the certificate, and serve a copy on the cooperative in accordance with § 43-38-110 .
(2) If the cooperative name in subdivision (a)(3) is different than the cooperative name in subdivision (a)(1), the application of reinstatement shall constitute an amendment to the articles insofar as it pertains to the cooperative's name.
(c) When the reinstatement is effective, it relates back to and takes effect as of the effective date of the administrative dissolution and the cooperative shall resume carrying on its business as if the administrative dissolution had never occurred.
Acts 2004, ch. 534, § 32.
Tenn. Code Ann. § 43-38-528 — TN Code / Title 43 / Chapter 38 / Section 43-38-528
Violations of articles, bylaws, member control agreements or marketing contracts - Surrender of financial rights - Surrender of voting rights
Status: in_force

(a) A member who knowingly, intentionally, or repeatedly violates a provision of the articles, bylaws, member control agreement or marketing contract with the cooperative, may be required by the board to surrender the financial rights of membership interest of any class owned by the member. (b) The cooperative shall refund to the member for the surrendered financial rights of membership interest the lesser of the book value or market value of the financial right of the membership interest payable in not more than seven (7) years from the date of surrender, or the board may transfer all of any patron member's financial rights to a class of financial rights held by members who are not patron members, or to a certificate of interest that carries liquidation rights on par with membership interests and is redeemed within seven (7) years after the transfer as provided in the certificate. (c) Membership interests required to be surrendered may be reissued or retired and cancelled by the board. (d) A member who knowingly, intentionally or repeatedly violates a provision of the articles, bylaws, member control agreement, or a marketing contract, may be required by the board to surrender voting power in the cooperative. Acts 2004, ch. 534, § 22.
(a) A member who knowingly, intentionally, or repeatedly violates a provision of the articles, bylaws, member control agreement or marketing contract with the cooperative, may be required by the board to surrender the financial rights of membership interest of any class owned by the member.
(b) The cooperative shall refund to the member for the surrendered financial rights of membership interest the lesser of the book value or market value of the financial right of the membership interest payable in not more than seven (7) years from the date of surrender, or the board may transfer all of any patron member's financial rights to a class of financial rights held by members who are not patron members, or to a certificate of interest that carries liquidation rights on par with membership interests and is redeemed within seven (7) years after the transfer as provided in the certificate.
(c) Membership interests required to be surrendered may be reissued or retired and cancelled by the board.
(d) A member who knowingly, intentionally or repeatedly violates a provision of the articles, bylaws, member control agreement, or a marketing contract, may be required by the board to surrender voting power in the cooperative.
Acts 2004, ch. 534, § 22.
Tenn. Code Ann. § 43-32-212 — TN Code / Title 43 / Chapter 32 / Section 43-32-212
Department of agriculture - Duties
Status: in_force

The department has the duty under this chapter to: (1) Collect and deposit all fees and assessments authorized under this part into the Tennessee grain indemnity fund for investment by the fund; (2) Transfer, at the discretion of the commissioner, any moneys from the department to the Tennessee grain indemnity fund for investment; (3) Subrogate all the rights of the claimant. The claimant shall assign all rights, title and interest in any judgment to the department; (4) Initiate any action it may deem necessary to compel the commodity dealer or warehouseman against whom an awarded claim arose to repay the Tennessee grain indemnity fund; and (5) Initiate any action it may deem necessary to compel the claimant whose claim arose due to a failure to participate in any legal proceeding in relation to that claim. Acts 1989, ch. 232, § 21; 1997, ch. 387, § 15.
The department has the duty under this chapter to:
(1) Collect and deposit all fees and assessments authorized under this part into the Tennessee grain indemnity fund for investment by the fund;
(2) Transfer, at the discretion of the commissioner, any moneys from the department to the Tennessee grain indemnity fund for investment;
(3) Subrogate all the rights of the claimant. The claimant shall assign all rights, title and interest in any judgment to the department;
(4) Initiate any action it may deem necessary to compel the commodity dealer or warehouseman against whom an awarded claim arose to repay the Tennessee grain indemnity fund; and
(5) Initiate any action it may deem necessary to compel the claimant whose claim arose due to a failure to participate in any legal proceeding in relation to that claim.
Acts 1989, ch. 232, § 21; 1997, ch. 387, § 15.
Tenn. Code Ann. § 43-8-101 — TN Code / Title 43 / Chapter 8 / Section 43-8-101
Short title
Status: in_force

This part and part 2 of this chapter shall be known and may be cited as the "Tennessee Insecticide, Fungicide, and Rodenticide Act." Acts 1951, ch. 150, § 1 (Williams, § 6808.7); T.C.A. (orig. ed.), § 43-701; Acts 1980, ch. 539, § 1.
This part and part 2 of this chapter shall be known and may be cited as the "Tennessee Insecticide, Fungicide, and Rodenticide Act."
Acts 1951, ch. 150, § 1 (Williams, § 6808.7); T.C.A. (orig. ed.), § 43-701; Acts 1980, ch. 539, § 1.
Tenn. Code Ann. § 43-6-111 — TN Code / Title 43 / Chapter 6 / Section 43-6-111
Liability of principal
Status: in_force

In construing and enforcing this part, the act, omission or failure of any official, agent, or other person acting for, or employed by, any association, partnership, corporation or other principal within the scope of such person's employment or office shall in every case be deemed the act, omission, or failure of the association, partnership, corporation or other principal as well as that of the individual. Acts 1955, ch. 8, § 11; T.C.A., § 43-525.
In construing and enforcing this part, the act, omission or failure of any official, agent, or other person acting for, or employed by, any association, partnership, corporation or other principal within the scope of such person's employment or office shall in every case be deemed the act, omission, or failure of the association, partnership, corporation or other principal as well as that of the individual.
Acts 1955, ch. 8, § 11; T.C.A., § 43-525.
Tenn. Code Ann. § 43-30-101 — TN Code / Title 43 / Chapter 30 / Section 43-30-101
[Repealed]
Status: repealed

Repealed by 2019 Tenn. Acts, ch. 444, s 2, eff. 7/1/2019. Acts 1985, ch. 387, § 1.
Repealed by 2019 Tenn. Acts, ch. 444, s 2, eff. 7/1/2019.
Acts 1985, ch. 387, § 1.
Tenn. Code Ann. § 43-16-123 — TN Code / Title 43 / Chapter 16 / Section 43-16-123
Certificate of membership
Status: in_force

A member of an association established without capital stock who has paid the membership fee in full shall receive a certificate of membership. Acts 1923, ch. 100, § 15; Shan. Supp., § 2534a47; Code 1932, §3805; T.C.A. (orig. ed.), § 43-1822.
A member of an association established without capital stock who has paid the membership fee in full shall receive a certificate of membership.
Acts 1923, ch. 100, § 15; Shan. Supp., § 2534a47; Code 1932, §3805; T.C.A. (orig. ed.), § 43-1822.
Tenn. Code Ann. § 43-22-101 — TN Code / Title 43 / Chapter 22 / Section 43-22-101
Use of words "farm bureau" restricted to Tennessee Farm Bureau Federation
Status: in_force

The use of the words "farm bureau" by any person, firm, partnership, association, corporation, or other business enterprise doing business in the state of Tennessee, except by the Tennessee Farm Bureau Federation, or its subsidiaries, or affiliate associations, is unlawful. Acts 1949, ch. 46, § 1; C. Supp. 1950, § 552.42 (Williams, § 11412.16); T.C.A. (orig. ed.), § 43-2301.
The use of the words "farm bureau" by any person, firm, partnership, association, corporation, or other business enterprise doing business in the state of Tennessee, except by the Tennessee Farm Bureau Federation, or its subsidiaries, or affiliate associations, is unlawful.
Acts 1949, ch. 46, § 1; C. Supp. 1950, § 552.42 (Williams, § 11412.16); T.C.A. (orig. ed.), § 43-2301.
Tenn. Code Ann. § 43-8-310 — TN Code / Title 43 / Chapter 8 / Section 43-8-310
Denial of licensing - Contesting denial
Status: in_force

The commissioner of agriculture may deny licensing to applicants not meeting the requirements for certification or licensing or for violations of the rules or statutes concerning the use, purchase or sale of pesticides; provided, however, that any person denied certification or licensure may contest the decision by requesting a hearing under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 2003, ch. 120, § 2.
The commissioner of agriculture may deny licensing to applicants not meeting the requirements for certification or licensing or for violations of the rules or statutes concerning the use, purchase or sale of pesticides; provided, however, that any person denied certification or licensure may contest the decision by requesting a hearing under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2003, ch. 120, § 2.
Tenn. Code Ann. § 43-29-119 — TN Code / Title 43 / Chapter 29 / Section 43-29-119
Pork promotion board
Status: in_force

(a) The Tennessee pork promotion board shall be composed of seven (7) members, to be appointed by the commissioner to serve terms of three (3) years, as hereinafter provided. All seven (7) members of the board shall be producers of pork animals in the state of Tennessee. (b) Within ten (10) days of the effective date of an assessment levied pursuant to this chapter, the Tennessee Farm Bureau Federation, the Tennessee Livestock Association or its successor organization and any officially recognized purebred pork producer association shall submit the names of pork producers to the commissioner, who shall appoint three (3) members from the nominations submitted by the Tennessee Farm Bureau Federation, three (3) members from the nominations submitted by the Tennessee Livestock Association or its successor organization and one (1) member from the nominations submitted by officially recognized purebred pork producer associations. (c) The original board shall be appointed with members appointed in the discretion of the commissioner, one (1) member for one (1) year, three (3) members for two (2) years and three (3) members for three (3) years. Each year thereafter, not less than thirty (30) days before the expiration of board members' terms, each organization or individual shall submit the names of nominees to the commissioner, and succeeding boards shall be appointed by the commissioner in the same manner, giving proportional representation to each organization as provided in this section. (d) Vacancies that occur shall be filled in the same manner as the original appointments were made. (e) No board member shall serve more than a total of two (2) consecutive three-year terms unless that member does not serve as a board member for at least one (1) full year after serving two (2) consecutive three-year terms. (f) The commissioner shall be an ex officio nonvoting member of the board. Acts 1985, ch. 188, § 19.
(a) The Tennessee pork promotion board shall be composed of seven (7) members, to be appointed by the commissioner to serve terms of three (3) years, as hereinafter provided. All seven (7) members of the board shall be producers of pork animals in the state of Tennessee.
(b) Within ten (10) days of the effective date of an assessment levied pursuant to this chapter, the Tennessee Farm Bureau Federation, the Tennessee Livestock Association or its successor organization and any officially recognized purebred pork producer association shall submit the names of pork producers to the commissioner, who shall appoint three (3) members from the nominations submitted by the Tennessee Farm Bureau Federation, three (3) members from the nominations submitted by the Tennessee Livestock Association or its successor organization and one (1) member from the nominations submitted by officially recognized purebred pork producer associations.
(c) The original board shall be appointed with members appointed in the discretion of the commissioner, one (1) member for one (1) year, three (3) members for two (2) years and three (3) members for three (3) years. Each year thereafter, not less than thirty (30) days before the expiration of board members' terms, each organization or individual shall submit the names of nominees to the commissioner, and succeeding boards shall be appointed by the commissioner in the same manner, giving proportional representation to each organization as provided in this section.
(d) Vacancies that occur shall be filled in the same manner as the original appointments were made.
(e) No board member shall serve more than a total of two (2) consecutive three-year terms unless that member does not serve as a board member for at least one (1) full year after serving two (2) consecutive three-year terms.
(f) The commissioner shall be an ex officio nonvoting member of the board.
Acts 1985, ch. 188, § 19.
Tenn. Code Ann. § 43-16-103 — TN Code / Title 43 / Chapter 16 / Section 43-16-103
Chapter definitions
Status: in_force

(a) As used in this chapter, unless the context otherwise requires: (1) "Agricultural products" includes horticultural, viticultural, forestry, dairy, livestock, poultry, bee and any farm products; (2) "Association" means any corporation organized under this chapter; (3) "Member" includes actual members of associations without capital stock, and holders of common stock in associations organized with capital stock; and (4) "Person" includes an individual, firm, partnership, corporation, and association. (b) An association organized under this chapter shall be deemed "nonprofit," inasmuch as it is not organized to make profit for itself, as such, or for its members, as such, but only for its members as producers. Acts 1923, ch. 100, § 2; Shan. Supp., § 2534a27; Code 1932, §3785; T.C.A. (orig. ed.), § 43-1803.
(a) As used in this chapter, unless the context otherwise requires: (1) "Agricultural products" includes horticultural, viticultural, forestry, dairy, livestock, poultry, bee and any farm products; (2) "Association" means any corporation organized under this chapter; (3) "Member" includes actual members of associations without capital stock, and holders of common stock in associations organized with capital stock; and (4) "Person" includes an individual, firm, partnership, corporation, and association.
(1) "Agricultural products" includes horticultural, viticultural, forestry, dairy, livestock, poultry, bee and any farm products;
(2) "Association" means any corporation organized under this chapter;
(3) "Member" includes actual members of associations without capital stock, and holders of common stock in associations organized with capital stock; and
(4) "Person" includes an individual, firm, partnership, corporation, and association.
(b) An association organized under this chapter shall be deemed "nonprofit," inasmuch as it is not organized to make profit for itself, as such, or for its members, as such, but only for its members as producers.
Acts 1923, ch. 100, § 2; Shan. Supp., § 2534a27; Code 1932, §3785; T.C.A. (orig. ed.), § 43-1803.
Tenn. Code Ann. § 43-38-1016 — TN Code / Title 43 / Chapter 38 / Section 43-38-1016
Judicial intervention
Status: in_force

A court may grant any equitable relief it considers just and reasonable in the circumstances or may dissolve a cooperative or direct that the dissolved entity is merged into another or new cooperative or other entity on the terms and conditions the court deems equitable. Acts 2004, ch. 534, § 32.
A court may grant any equitable relief it considers just and reasonable in the circumstances or may dissolve a cooperative or direct that the dissolved entity is merged into another or new cooperative or other entity on the terms and conditions the court deems equitable.
Acts 2004, ch. 534, § 32.
Tenn. Code Ann. § 43-19-101 — TN Code / Title 43 / Chapter 19 / Section 43-19-101
Warehouses - Persons operating
Status: in_force

Any person may open a warehouse for the inspection and sale of tobacco under the rules, regulations, and restrictions of this chapter. Acts 1870-1871, ch. 65, § 2; Shan., § 3379; mod. Code 1932, § 6476; T.C.A. (orig. ed.), § 43-2101.
Any person may open a warehouse for the inspection and sale of tobacco under the rules, regulations, and restrictions of this chapter.
Acts 1870-1871, ch. 65, § 2; Shan., § 3379; mod. Code 1932, § 6476; T.C.A. (orig. ed.), § 43-2101.
Tenn. Code Ann. § 43-19-104 — TN Code / Title 43 / Chapter 19 / Section 43-19-104
Fees uncollectible upon failure to give bond - Penalty for violations
Status: in_force

A proprietor who fails to execute a bond shall not be entitled to collect any fees on tobacco stored in the warehouse, under a penalty of one hundred dollars ($100) for each offense, to be recovered in the name of the state, one half (½) to go to the informer. Acts 1870-1871, ch. 65, § 4; Shan., § 3382; Code 1932, § 6479; T.C.A. (orig. ed.), § 43-2104.
A proprietor who fails to execute a bond shall not be entitled to collect any fees on tobacco stored in the warehouse, under a penalty of one hundred dollars ($100) for each offense, to be recovered in the name of the state, one half (½) to go to the informer.
Acts 1870-1871, ch. 65, § 4; Shan., § 3382; Code 1932, § 6479; T.C.A. (orig. ed.), § 43-2104.
Tenn. Code Ann. § 43-6-501 — TN Code / Title 43 / Chapter 6 / Section 43-6-501
Legislative intent
Status: in_force

The general assembly recognizes the negative impact of uncontrolled populations of simulium jenningsi and simulium fibrinflatum ("black flies") on the economy and quality of life of a region. The general assembly also recognizes that the tourism and agricultural industries can be particularly affected by an overpopulation of black flies and that an overpopulation may be likely to spread throughout the eastern part of the state as black fly populations increase with the improvement of water quality. The general assembly believes that it is important to explore potential solutions to black fly infestation before the black fly problem becomes unmanageable and industries important to the state suffer the consequences of state inaction. Acts 2006, ch. 981, § 1.
The general assembly recognizes the negative impact of uncontrolled populations of simulium jenningsi and simulium fibrinflatum ("black flies") on the economy and quality of life of a region. The general assembly also recognizes that the tourism and agricultural industries can be particularly affected by an overpopulation of black flies and that an overpopulation may be likely to spread throughout the eastern part of the state as black fly populations increase with the improvement of water quality. The general assembly believes that it is important to explore potential solutions to black fly infestation before the black fly problem becomes unmanageable and industries important to the state suffer the consequences of state inaction.
Acts 2006, ch. 981, § 1.
Tenn. Code Ann. § 43-16-105 — TN Code / Title 43 / Chapter 16 / Section 43-16-105
Activities in which authorized to engage
Status: in_force

An association may be organized to engage in any activity: (1) In connection with the marketing or selling of the agricultural products of its members, or with the harvesting, preserving, drying, processing, canning, packing, grading, storing, handling, shipping or utilization of such products, or the manufacturing or marketing of the by-products of such products; (2) In connection with the manufacturing, selling, or supplying to its members of machinery, equipment, or supplies; (3) In the financing of the above enumerated activities; or (4) In any one (1) or more of the activities specified in this section. Acts 1923, ch. 100, § 4; Shan. Supp., § 2534a29; Code 1932, §3787; T.C.A. (orig. ed.), § 43-1805.
An association may be organized to engage in any activity:
(1) In connection with the marketing or selling of the agricultural products of its members, or with the harvesting, preserving, drying, processing, canning, packing, grading, storing, handling, shipping or utilization of such products, or the manufacturing or marketing of the by-products of such products;
(2) In connection with the manufacturing, selling, or supplying to its members of machinery, equipment, or supplies;
(3) In the financing of the above enumerated activities; or
(4) In any one (1) or more of the activities specified in this section.
Acts 1923, ch. 100, § 4; Shan. Supp., § 2534a29; Code 1932, §3787; T.C.A. (orig. ed.), § 43-1805.