Tenn. Code Ann. § 43-27-206 — TN Code / Title 43 / Chapter 27 / Section 43-27-206
License to produce or sell cannabinoid products - License requirements - Prohibited retail locations - Authority of the department of agriculture
Status: in_force

(a) A person or entity that is in the business of manufacturing or selling products containing a hemp-derived cannabinoid in this state, including as a supplier or retailer, must obtain a license from the department of agriculture authorizing the person or entity to engage in that business prior to the commencement of business or by July 1, 2024, whichever is later. (b) (1) In order to obtain and maintain a supplier or retailer license under subsection (a), a person must: (A) Submit to the department of agriculture information prescribed by rules as necessary for the efficient enforcement of this part; (B) Pay to the department of agriculture a fee of five hundred dollars ($500) for supplier or two hundred fifty dollars ($250) per retailer per location; (C) Consent to reasonable inspection and sampling by the department of agriculture, or the department of revenue as applicable, of the person's inventory of products containing a hemp-derived cannabinoid; and (D) Submit to a criminal history background check that includes fingerprint checks against state and federal criminal records maintained by the Tennessee bureau of investigation and the federal bureau of investigation. (2) A person is not eligible to obtain or maintain a supplier or retailer license while serving a sentence for, or for ten (10) years following the date of conviction for, a drug-related felony offense in any state or federal jurisdiction. (3) (A) A retail location that is within one thousand feet (1,000') of a private school, public school, or charter school that serves any grades from kindergarten through grade twelve (K-12) shall not sell products containing a hemp-derived cannabinoid, unless the applicant provides the department with documentation that establishes that products containing a hemp-derived cannabinoid were being offered for sale at retail at such location on December 31, 2023. (B) The department shall accept business records, photographs, and video recordings as documentation for purposes of determining whether an applicant qualifies for the exception in subdivision (b)(3)(A). (C) For the purposes of subdivision (b)(3)(A), measurements shall be made in a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing a retail establishment to the nearest point on the property line of a parcel containing a private school, public school, or charter school that serves any grades from kindergarten through grade twelve (K-12). (c) A license issued pursuant to this section is valid for a period of one (1) year and may be renewed annually. The department of agriculture shall charge an annual renewal fee equal to the initial licensing fee. (d) The department of agriculture is authorized to: (1) Determine requirements for and issue licenses for the manufacture or sale of products containing a hemp-derived cannabinoid in this state; and (2) Deny or revoke licenses and issue civil penalties in the following manner for each violation of this part, or a rule promulgated pursuant to this part, as follows: (A) One thousand dollars ($1,000) for a first violation; (B) Two thousand five hundred dollars ($2,500) for a second violation that occurs within two (2) years of the first violation; (C) Five thousand dollars ($5,000) for a third violation that occurs within two (2) years of the first violation; (D) Revocation of the license for a fourth violation that occurs within two (2) years of the first violation; and (E) Require retraining of all employees of the licensee under the supervision of the department in addition to the civil penalty imposed pursuant to subdivisions (d)(2)(A)-(C). (e) The revenue collected from fees established under subdivision (b)(1)(B) must be deposited in the Tennessee agriculture regulatory fund, created by § 43-1-701 , and used exclusively for the administration of this part. Added by 2023 Tenn. Acts, ch. 423, s 1, eff. 7/1/2024.
(a) A person or entity that is in the business of manufacturing or selling products containing a hemp-derived cannabinoid in this state, including as a supplier or retailer, must obtain a license from the department of agriculture authorizing the person or entity to engage in that business prior to the commencement of business or by July 1, 2024, whichever is later.
(b) (1) In order to obtain and maintain a supplier or retailer license under subsection (a), a person must: (A) Submit to the department of agriculture information prescribed by rules as necessary for the efficient enforcement of this part; (B) Pay to the department of agriculture a fee of five hundred dollars ($500) for supplier or two hundred fifty dollars ($250) per retailer per location; (C) Consent to reasonable inspection and sampling by the department of agriculture, or the department of revenue as applicable, of the person's inventory of products containing a hemp-derived cannabinoid; and (D) Submit to a criminal history background check that includes fingerprint checks against state and federal criminal records maintained by the Tennessee bureau of investigation and the federal bureau of investigation. (2) A person is not eligible to obtain or maintain a supplier or retailer license while serving a sentence for, or for ten (10) years following the date of conviction for, a drug-related felony offense in any state or federal jurisdiction. (3) (A) A retail location that is within one thousand feet (1,000') of a private school, public school, or charter school that serves any grades from kindergarten through grade twelve (K-12) shall not sell products containing a hemp-derived cannabinoid, unless the applicant provides the department with documentation that establishes that products containing a hemp-derived cannabinoid were being offered for sale at retail at such location on December 31, 2023. (B) The department shall accept business records, photographs, and video recordings as documentation for purposes of determining whether an applicant qualifies for the exception in subdivision (b)(3)(A). (C) For the purposes of subdivision (b)(3)(A), measurements shall be made in a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing a retail establishment to the nearest point on the property line of a parcel containing a private school, public school, or charter school that serves any grades from kindergarten through grade twelve (K-12).
(1) In order to obtain and maintain a supplier or retailer license under subsection (a), a person must: (A) Submit to the department of agriculture information prescribed by rules as necessary for the efficient enforcement of this part; (B) Pay to the department of agriculture a fee of five hundred dollars ($500) for supplier or two hundred fifty dollars ($250) per retailer per location; (C) Consent to reasonable inspection and sampling by the department of agriculture, or the department of revenue as applicable, of the person's inventory of products containing a hemp-derived cannabinoid; and (D) Submit to a criminal history background check that includes fingerprint checks against state and federal criminal records maintained by the Tennessee bureau of investigation and the federal bureau of investigation.
(A) Submit to the department of agriculture information prescribed by rules as necessary for the efficient enforcement of this part;
(B) Pay to the department of agriculture a fee of five hundred dollars ($500) for supplier or two hundred fifty dollars ($250) per retailer per location;
(C) Consent to reasonable inspection and sampling by the department of agriculture, or the department of revenue as applicable, of the person's inventory of products containing a hemp-derived cannabinoid; and
(D) Submit to a criminal history background check that includes fingerprint checks against state and federal criminal records maintained by the Tennessee bureau of investigation and the federal bureau of investigation.
(2) A person is not eligible to obtain or maintain a supplier or retailer license while serving a sentence for, or for ten (10) years following the date of conviction for, a drug-related felony offense in any state or federal jurisdiction.
(3) (A) A retail location that is within one thousand feet (1,000') of a private school, public school, or charter school that serves any grades from kindergarten through grade twelve (K-12) shall not sell products containing a hemp-derived cannabinoid, unless the applicant provides the department with documentation that establishes that products containing a hemp-derived cannabinoid were being offered for sale at retail at such location on December 31, 2023. (B) The department shall accept business records, photographs, and video recordings as documentation for purposes of determining whether an applicant qualifies for the exception in subdivision (b)(3)(A). (C) For the purposes of subdivision (b)(3)(A), measurements shall be made in a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing a retail establishment to the nearest point on the property line of a parcel containing a private school, public school, or charter school that serves any grades from kindergarten through grade twelve (K-12).
(A) A retail location that is within one thousand feet (1,000') of a private school, public school, or charter school that serves any grades from kindergarten through grade twelve (K-12) shall not sell products containing a hemp-derived cannabinoid, unless the applicant provides the department with documentation that establishes that products containing a hemp-derived cannabinoid were being offered for sale at retail at such location on December 31, 2023.
(B) The department shall accept business records, photographs, and video recordings as documentation for purposes of determining whether an applicant qualifies for the exception in subdivision (b)(3)(A).
(C) For the purposes of subdivision (b)(3)(A), measurements shall be made in a straight line in all directions, without regard to intervening structures or objects, from the nearest point on the property line of a parcel containing a retail establishment to the nearest point on the property line of a parcel containing a private school, public school, or charter school that serves any grades from kindergarten through grade twelve (K-12).
(c) A license issued pursuant to this section is valid for a period of one (1) year and may be renewed annually. The department of agriculture shall charge an annual renewal fee equal to the initial licensing fee.
(d) The department of agriculture is authorized to: (1) Determine requirements for and issue licenses for the manufacture or sale of products containing a hemp-derived cannabinoid in this state; and (2) Deny or revoke licenses and issue civil penalties in the following manner for each violation of this part, or a rule promulgated pursuant to this part, as follows: (A) One thousand dollars ($1,000) for a first violation; (B) Two thousand five hundred dollars ($2,500) for a second violation that occurs within two (2) years of the first violation; (C) Five thousand dollars ($5,000) for a third violation that occurs within two (2) years of the first violation; (D) Revocation of the license for a fourth violation that occurs within two (2) years of the first violation; and (E) Require retraining of all employees of the licensee under the supervision of the department in addition to the civil penalty imposed pursuant to subdivisions (d)(2)(A)-(C).
(1) Determine requirements for and issue licenses for the manufacture or sale of products containing a hemp-derived cannabinoid in this state; and
(2) Deny or revoke licenses and issue civil penalties in the following manner for each violation of this part, or a rule promulgated pursuant to this part, as follows: (A) One thousand dollars ($1,000) for a first violation; (B) Two thousand five hundred dollars ($2,500) for a second violation that occurs within two (2) years of the first violation; (C) Five thousand dollars ($5,000) for a third violation that occurs within two (2) years of the first violation; (D) Revocation of the license for a fourth violation that occurs within two (2) years of the first violation; and (E) Require retraining of all employees of the licensee under the supervision of the department in addition to the civil penalty imposed pursuant to subdivisions (d)(2)(A)-(C).
(A) One thousand dollars ($1,000) for a first violation;
(B) Two thousand five hundred dollars ($2,500) for a second violation that occurs within two (2) years of the first violation;
(C) Five thousand dollars ($5,000) for a third violation that occurs within two (2) years of the first violation;
(D) Revocation of the license for a fourth violation that occurs within two (2) years of the first violation; and
(E) Require retraining of all employees of the licensee under the supervision of the department in addition to the civil penalty imposed pursuant to subdivisions (d)(2)(A)-(C).
(e) The revenue collected from fees established under subdivision (b)(1)(B) must be deposited in the Tennessee agriculture regulatory fund, created by § 43-1-701 , and used exclusively for the administration of this part.
Added by 2023 Tenn. Acts, ch. 423, s 1, eff. 7/1/2024.
Tenn. Code Ann. § 43-38-903 — TN Code / Title 43 / Chapter 38 / Section 43-38-903
Limitations on distribution
Status: in_force

(a) No distribution may be made by a cooperative if, after giving effect to the distribution: (1) The cooperative would not be able to pay its debts as they became due in the normal course of business; or (2) The cooperative's total assets would be less than the sum of its total liabilities, plus, unless the articles or bylaws permit otherwise, the amount that would be needed if the cooperative were to be dissolved at the time of the distribution, to satisfy the preferential rights upon dissolution of members whose preferential rights are superior to the rights of members receiving the distribution and excluding liabilities for which the recourse of creditors is limited to specified property of the cooperative, except that the fair value of property that is subject to a liability for which the recourse is limited shall be included in the assets of the cooperative only to the extent that the fair value of the property exceeds that liability. (b) The cooperative may base a determination that a distribution is not prohibited under subsection (a) either on: (1) Financial statements prepared on the basis of accounting practices and principles that are reasonable in the circumstances; or (2) A fair valuation or other method that is reasonable in the circumstances. (c) The effect of a distribution under subsection (a) is measured as: (1) The date the distribution is authorized if the payment occurs within four (4) months after the date of authorization; or (2) The date the payment is made if it occurs more than four (4) months after the date of authorization. (d) If indebtedness is issued as a distribution, each payment of principal or interest on the indebtedness is treated as a distribution, the effect of which is measured on the date the payment is actually made. (e) A cooperative's indebtedness to a member incurred by reason of a distribution made in accordance with this section is at parity with the cooperative's indebtedness to its general unsecured creditors, except to the extent subordinated by agreement and except to the extent provided otherwise by § 43-38-1009(c) . Acts 2004, ch. 534, § 28.
(a) No distribution may be made by a cooperative if, after giving effect to the distribution: (1) The cooperative would not be able to pay its debts as they became due in the normal course of business; or (2) The cooperative's total assets would be less than the sum of its total liabilities, plus, unless the articles or bylaws permit otherwise, the amount that would be needed if the cooperative were to be dissolved at the time of the distribution, to satisfy the preferential rights upon dissolution of members whose preferential rights are superior to the rights of members receiving the distribution and excluding liabilities for which the recourse of creditors is limited to specified property of the cooperative, except that the fair value of property that is subject to a liability for which the recourse is limited shall be included in the assets of the cooperative only to the extent that the fair value of the property exceeds that liability.
(1) The cooperative would not be able to pay its debts as they became due in the normal course of business; or
(2) The cooperative's total assets would be less than the sum of its total liabilities, plus, unless the articles or bylaws permit otherwise, the amount that would be needed if the cooperative were to be dissolved at the time of the distribution, to satisfy the preferential rights upon dissolution of members whose preferential rights are superior to the rights of members receiving the distribution and excluding liabilities for which the recourse of creditors is limited to specified property of the cooperative, except that the fair value of property that is subject to a liability for which the recourse is limited shall be included in the assets of the cooperative only to the extent that the fair value of the property exceeds that liability.
(b) The cooperative may base a determination that a distribution is not prohibited under subsection (a) either on: (1) Financial statements prepared on the basis of accounting practices and principles that are reasonable in the circumstances; or (2) A fair valuation or other method that is reasonable in the circumstances.
(1) Financial statements prepared on the basis of accounting practices and principles that are reasonable in the circumstances; or
(2) A fair valuation or other method that is reasonable in the circumstances.
(c) The effect of a distribution under subsection (a) is measured as: (1) The date the distribution is authorized if the payment occurs within four (4) months after the date of authorization; or (2) The date the payment is made if it occurs more than four (4) months after the date of authorization.
(1) The date the distribution is authorized if the payment occurs within four (4) months after the date of authorization; or
(2) The date the payment is made if it occurs more than four (4) months after the date of authorization.
(d) If indebtedness is issued as a distribution, each payment of principal or interest on the indebtedness is treated as a distribution, the effect of which is measured on the date the payment is actually made.
(e) A cooperative's indebtedness to a member incurred by reason of a distribution made in accordance with this section is at parity with the cooperative's indebtedness to its general unsecured creditors, except to the extent subordinated by agreement and except to the extent provided otherwise by § 43-38-1009(c) .
Acts 2004, ch. 534, § 28.
Tenn. Code Ann. § 43-38-506 — TN Code / Title 43 / Chapter 38 / Section 43-38-506
When assignment of financial and governance rights effective
Status: in_force

Any permissible assignment of financial rights under § 43-38-503 and of governance rights under § 43-38-504 will be effective as to and binding upon the cooperative only when the assignee's name, address, social security or taxpayer identification number and the nature and extent of the assignment are reflected in the required records of the cooperative. Acts 2004, ch. 534, § 17.
Any permissible assignment of financial rights under § 43-38-503 and of governance rights under § 43-38-504 will be effective as to and binding upon the cooperative only when the assignee's name, address, social security or taxpayer identification number and the nature and extent of the assignment are reflected in the required records of the cooperative.
Acts 2004, ch. 534, § 17.
Tenn. Code Ann. § 43-21-109 — TN Code / Title 43 / Chapter 21 / Section 43-21-109
Determination of compliance - Issuance of voucher upon compliance
Status: in_force

(a) The commissioner of agriculture shall determine from the evidence outlined above, namely, reports and checks or receipts, and by any inquiries that shall be considered necessary by the commissioner, whether or not the fair has been held in accordance with all the foregoing provisions of this chapter. (b) If, in the commissioner's judgment, the fair has complied with all the requirements of this chapter, the commissioner shall issue a state voucher according to the regular accounting procedures in effect in the department of agriculture and shall pass such voucher on to the department of finance and administration for approval; but the commissioner shall refuse to pay state aid to any fair that has not been held in accordance with this chapter. Acts 1949, ch. 156, § 8; C. Supp. 1950, § 552.40 (Williams, § 552.63); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 43-2409.
(a) The commissioner of agriculture shall determine from the evidence outlined above, namely, reports and checks or receipts, and by any inquiries that shall be considered necessary by the commissioner, whether or not the fair has been held in accordance with all the foregoing provisions of this chapter.
(b) If, in the commissioner's judgment, the fair has complied with all the requirements of this chapter, the commissioner shall issue a state voucher according to the regular accounting procedures in effect in the department of agriculture and shall pass such voucher on to the department of finance and administration for approval; but the commissioner shall refuse to pay state aid to any fair that has not been held in accordance with this chapter.
Acts 1949, ch. 156, § 8; C. Supp. 1950, § 552.40 (Williams, § 552.63); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 43-2409.
Tenn. Code Ann. § 43-29-122 — TN Code / Title 43 / Chapter 29 / Section 43-29-122
Corn promotion board
Status: in_force

(a) The Tennessee corn promotion board shall be composed of nine (9) members to be appointed by the commissioner to serve for terms of three (3) years, as provided in this section. All of the nine (9) members of the board shall be producers of corn in this state. (b) Within ten (10) days following the effective date of an assessment on corn levied pursuant to this chapter, the Tennessee Farm Bureau Federation, the Tennessee Farmers Cooperative, and the Tennessee Corn Growers Association shall each submit the names of corn producers to the commissioner, and the commissioner shall appoint three (3) members from the nominees of each organization to serve on the board for rotating three-year terms. (c) The original board shall be appointed with members from each of the organizations appointed as follows: one (1) for one (1) year, one (1) for two (2) years, and one (1) for three (3) years. Each year thereafter, not less than thirty (30) days prior to the expiration of board members' terms, each organization shall submit the names of three (3) nominees to the commissioner, and succeeding boards shall be appointed by the commissioner in the same manner, giving equal representation to each organization. (d) Vacancies that occur shall be filled in the same manner as the original appointments were made. Persons who are appointed to the board shall serve no more than two (2) consecutive terms. The commissioner or a designee from the commissioner's staff shall serve as an advisor to the board. (e) The members of the board shall meet and organize within thirty (30) days of their appointment, and shall elect a chair, vice chair, and secretary-treasurer from the membership of the board, each to serve for one-year terms, whose duties shall be those customarily exercised by such officers or specifically designated by the board. (f) The board may establish rules for its own government and for the administration of the board's affairs. (g) The initial chair of the board elected pursuant to subsection (e) shall notify the government operations committee of the senate and the government operations committee of the house of representatives of the board's existence within thirty (30) days of the date of the initial chair's election. Acts 2018, ch. 870, § 5.
(a) The Tennessee corn promotion board shall be composed of nine (9) members to be appointed by the commissioner to serve for terms of three (3) years, as provided in this section. All of the nine (9) members of the board shall be producers of corn in this state.
(b) Within ten (10) days following the effective date of an assessment on corn levied pursuant to this chapter, the Tennessee Farm Bureau Federation, the Tennessee Farmers Cooperative, and the Tennessee Corn Growers Association shall each submit the names of corn producers to the commissioner, and the commissioner shall appoint three (3) members from the nominees of each organization to serve on the board for rotating three-year terms.
(c) The original board shall be appointed with members from each of the organizations appointed as follows: one (1) for one (1) year, one (1) for two (2) years, and one (1) for three (3) years. Each year thereafter, not less than thirty (30) days prior to the expiration of board members' terms, each organization shall submit the names of three (3) nominees to the commissioner, and succeeding boards shall be appointed by the commissioner in the same manner, giving equal representation to each organization.
(d) Vacancies that occur shall be filled in the same manner as the original appointments were made. Persons who are appointed to the board shall serve no more than two (2) consecutive terms. The commissioner or a designee from the commissioner's staff shall serve as an advisor to the board.
(e) The members of the board shall meet and organize within thirty (30) days of their appointment, and shall elect a chair, vice chair, and secretary-treasurer from the membership of the board, each to serve for one-year terms, whose duties shall be those customarily exercised by such officers or specifically designated by the board.
(f) The board may establish rules for its own government and for the administration of the board's affairs.
(g) The initial chair of the board elected pursuant to subsection (e) shall notify the government operations committee of the senate and the government operations committee of the house of representatives of the board's existence within thirty (30) days of the date of the initial chair's election.
Acts 2018, ch. 870, § 5.
Tenn. Code Ann. § 43-27-102 — TN Code / Title 43 / Chapter 27 / Section 43-27-102
Hemp license - Requirements - Records
Status: in_force

(a) Any person who produces hemp in this state shall obtain an annual license from the department. (b) In order to obtain and maintain a hemp license, a person must: (1) Submit to the department a description of all land on which the person produces hemp in this state, to include global positioning system coordinates and other information sufficient to identify the property; (2) Submit to the department any other information prescribed by rules as necessary for the efficient enforcement of this chapter; (3) Consent to reasonable inspection and sampling by the department of the person's hemp crop and inventory; and (4) Not be convicted of a state or federal felony drug offense within the previous ten (10) years. (c) The department shall maintain all records that the department creates, or that are submitted to the department, for regulation of hemp in this state for a period of at least five (5) years. Added by 2019 Tenn. Acts, ch. 87, s 12, eff. 4/4/2019.
(a) Any person who produces hemp in this state shall obtain an annual license from the department.
(b) In order to obtain and maintain a hemp license, a person must: (1) Submit to the department a description of all land on which the person produces hemp in this state, to include global positioning system coordinates and other information sufficient to identify the property; (2) Submit to the department any other information prescribed by rules as necessary for the efficient enforcement of this chapter; (3) Consent to reasonable inspection and sampling by the department of the person's hemp crop and inventory; and (4) Not be convicted of a state or federal felony drug offense within the previous ten (10) years.
(1) Submit to the department a description of all land on which the person produces hemp in this state, to include global positioning system coordinates and other information sufficient to identify the property;
(2) Submit to the department any other information prescribed by rules as necessary for the efficient enforcement of this chapter;
(3) Consent to reasonable inspection and sampling by the department of the person's hemp crop and inventory; and
(4) Not be convicted of a state or federal felony drug offense within the previous ten (10) years.
(c) The department shall maintain all records that the department creates, or that are submitted to the department, for regulation of hemp in this state for a period of at least five (5) years.
Added by 2019 Tenn. Acts, ch. 87, s 12, eff. 4/4/2019.
Tenn. Code Ann. § 43-38-406 — TN Code / Title 43 / Chapter 38 / Section 43-38-406
Effect of amendment on cause of action
Status: in_force

An amendment to the articles does not affect a cause of action existing against or in favor of the cooperative, a proceeding to which the cooperative is a party or the existing rights of persons other than members of the cooperative. An amendment changing a cooperative's name does not abate a proceeding brought by or against the cooperative in its former name. Acts 2004, ch. 534, § 9.
An amendment to the articles does not affect a cause of action existing against or in favor of the cooperative, a proceeding to which the cooperative is a party or the existing rights of persons other than members of the cooperative. An amendment changing a cooperative's name does not abate a proceeding brought by or against the cooperative in its former name.
Acts 2004, ch. 534, § 9.
Tenn. Code Ann. § 43-13-101 — TN Code / Title 43 / Chapter 13 / Section 43-13-101
Purpose and intent
Status: in_force

In the interest of the public health, safety, and welfare, it is the purpose and intent of this chapter to authorize the commission to study and make recommendations on issues related to equine health in this state to: (1) Promote the health of horses in this state; and (2) Encourage agriculture and the breeding of equine livestock in this state. Added by 2020 Tenn. Acts, ch. 808, s 2, eff. 7/15/2020.
In the interest of the public health, safety, and welfare, it is the purpose and intent of this chapter to authorize the commission to study and make recommendations on issues related to equine health in this state to:
(1) Promote the health of horses in this state; and
(2) Encourage agriculture and the breeding of equine livestock in this state.
Added by 2020 Tenn. Acts, ch. 808, s 2, eff. 7/15/2020.
Tenn. Code Ann. § 43-38-703 — TN Code / Title 43 / Chapter 38 / Section 43-38-703
Court approval needed to discontinue or settle a proceeding
Status: in_force

A proceeding commenced under this part may not be discontinued or settled without the court's approval. If the court determines that a proposed discontinuance or settlement will substantially affect the interest of the cooperative or a class of members and holders of financial rights, the court shall direct that notice be given the members and holders of financial rights affected. If notice is so directed to be given, the court may determine which one (1) or more parties to the suit shall bear the expense of giving the notice, in the proportions the court finds to be reasonable in the circumstances, and the amount of the expense shall be awarded as special costs of the suit and recoverable in the same manner as other taxable costs. Acts 2004, ch. 534, § 26.
A proceeding commenced under this part may not be discontinued or settled without the court's approval. If the court determines that a proposed discontinuance or settlement will substantially affect the interest of the cooperative or a class of members and holders of financial rights, the court shall direct that notice be given the members and holders of financial rights affected. If notice is so directed to be given, the court may determine which one (1) or more parties to the suit shall bear the expense of giving the notice, in the proportions the court finds to be reasonable in the circumstances, and the amount of the expense shall be awarded as special costs of the suit and recoverable in the same manner as other taxable costs.
Acts 2004, ch. 534, § 26.
Tenn. Code Ann. § 43-38-121 — TN Code / Title 43 / Chapter 38 / Section 43-38-121
Indemnification
Status: in_force

Subject to such standards and restrictions, if any, as are set forth in its articles or bylaws, a cooperative may, and shall have the power to, indemnify and hold harmless any member or officer or other person from and against any and all claims and demands whatsoever. Acts 2004, ch. 534, § 30.
Subject to such standards and restrictions, if any, as are set forth in its articles or bylaws, a cooperative may, and shall have the power to, indemnify and hold harmless any member or officer or other person from and against any and all claims and demands whatsoever.
Acts 2004, ch. 534, § 30.
Tenn. Code Ann. § 43-13-103 — TN Code / Title 43 / Chapter 13 / Section 43-13-103
Tennessee equine health advisory commission
Status: in_force

(a) There is created a Tennessee equine health advisory commission, which consists of nine (9) members as follows: (1) The commissioner of agriculture, or the commissioner's designee, as an ex officio voting member; (2) One (1) member appointed by the governor who is licensed to practice veterinary medicine under title 63, chapter 12, part 1, who has experience in the equine industry in this state, to be chosen from a list of eligible nominees from the Tennessee Veterinary Medical Association; (3) One (1) public member appointed by the speaker of the senate; (4) One (1) public member appointed by the speaker of the house of representatives; and (5) Five (5) public members appointed by the governor. (b) Of the members appointed under subdivision (a)(5), the governor shall strive to appoint members from each grand division of this state. (c) The governor shall appoint initial members of the commission to staggered terms as follows: (1) The veterinarian appointed under subdivision (a)(2), the public member appointed under subdivision (a)(3), the public member appointed under subdivision (a)(4), and one (1) of the members appointed under subdivision (a)(5) are appointed to serve initial terms of six (6) years; and (2) Four (4) of the members appointed under subdivision (a)(5) are appointed to serve initial terms of four (4) years. (d) The terms of initial appointees to the commission commence on August 1, 2020. All subsequent appointments are for four-year terms that begin on July 1 and end on June 30. (e) The commission is attached to the department of agriculture for administrative purposes. Added by 2020 Tenn. Acts, ch. 808, s 2, eff. 7/15/2020.
(a) There is created a Tennessee equine health advisory commission, which consists of nine (9) members as follows: (1) The commissioner of agriculture, or the commissioner's designee, as an ex officio voting member; (2) One (1) member appointed by the governor who is licensed to practice veterinary medicine under title 63, chapter 12, part 1, who has experience in the equine industry in this state, to be chosen from a list of eligible nominees from the Tennessee Veterinary Medical Association; (3) One (1) public member appointed by the speaker of the senate; (4) One (1) public member appointed by the speaker of the house of representatives; and (5) Five (5) public members appointed by the governor.
(1) The commissioner of agriculture, or the commissioner's designee, as an ex officio voting member;
(2) One (1) member appointed by the governor who is licensed to practice veterinary medicine under title 63, chapter 12, part 1, who has experience in the equine industry in this state, to be chosen from a list of eligible nominees from the Tennessee Veterinary Medical Association;
(3) One (1) public member appointed by the speaker of the senate;
(4) One (1) public member appointed by the speaker of the house of representatives; and
(5) Five (5) public members appointed by the governor.
(b) Of the members appointed under subdivision (a)(5), the governor shall strive to appoint members from each grand division of this state.
(c) The governor shall appoint initial members of the commission to staggered terms as follows: (1) The veterinarian appointed under subdivision (a)(2), the public member appointed under subdivision (a)(3), the public member appointed under subdivision (a)(4), and one (1) of the members appointed under subdivision (a)(5) are appointed to serve initial terms of six (6) years; and (2) Four (4) of the members appointed under subdivision (a)(5) are appointed to serve initial terms of four (4) years.
(1) The veterinarian appointed under subdivision (a)(2), the public member appointed under subdivision (a)(3), the public member appointed under subdivision (a)(4), and one (1) of the members appointed under subdivision (a)(5) are appointed to serve initial terms of six (6) years; and
(2) Four (4) of the members appointed under subdivision (a)(5) are appointed to serve initial terms of four (4) years.
(d) The terms of initial appointees to the commission commence on August 1, 2020. All subsequent appointments are for four-year terms that begin on July 1 and end on June 30.
(e) The commission is attached to the department of agriculture for administrative purposes.
Added by 2020 Tenn. Acts, ch. 808, s 2, eff. 7/15/2020.
Tenn. Code Ann. § 43-34-105 — TN Code / Title 43 / Chapter 34 / Section 43-34-105
Approval and repeal of districts
Status: in_force

(a) Upon review of a petition, the local soil and water conservation district board of supervisors may approve designation of an agricultural district. A designated agricultural district shall be established for a period of five (5) years and reviewed for redesignation every five (5) years thereafter. However, the soil and water conservation district may review the status of designation at any time upon the written request and justification of the respective county mayor or city manager or upon a decision of the board of supervisors that such a review is appropriate. The soil and water conservation district board of supervisors may sustain or repeal designation of an agricultural district based upon the following: (1) The continued viability of the agricultural district. An agricultural district can become reduced in acreage based upon the voluntary withdrawal of any of the ownerships. However, the agricultural district shall cease to exist if the total designated acreage drops below twenty (20) acres; (2) The impacts and consequences of proposed land development; and (3) Other factors that the board of supervisors may find relevant. (b) Any ownership or any successor heir of the ownership within an agricultural district may withdraw from the agricultural district upon notifying the local soil and water conservation district in writing. (c) Landowners may resubmit petitions for designation or redesignation at any time to the local soil and water conservation district. (d) If a petition is rejected or the local soil and water conservation district board of supervisors repeals designation of an agricultural district, the ownerships within the agricultural district can appeal the decision of the board of supervisors to the Tennessee soil and water conservation commission. Based upon a review of all relevant information and following a public hearing, the Tennessee soil and water conservation commission may either sustain or overturn the decision of the local soil and water conservation district. Amended by 2021 Tenn. Acts, ch. 203, Secs.s11, s12 eff. 4/22/2021. Acts 1995, ch. 465, §6; 2003 , ch. 90, § 2.
(a) Upon review of a petition, the local soil and water conservation district board of supervisors may approve designation of an agricultural district. A designated agricultural district shall be established for a period of five (5) years and reviewed for redesignation every five (5) years thereafter. However, the soil and water conservation district may review the status of designation at any time upon the written request and justification of the respective county mayor or city manager or upon a decision of the board of supervisors that such a review is appropriate. The soil and water conservation district board of supervisors may sustain or repeal designation of an agricultural district based upon the following: (1) The continued viability of the agricultural district. An agricultural district can become reduced in acreage based upon the voluntary withdrawal of any of the ownerships. However, the agricultural district shall cease to exist if the total designated acreage drops below twenty (20) acres; (2) The impacts and consequences of proposed land development; and (3) Other factors that the board of supervisors may find relevant.
(1) The continued viability of the agricultural district. An agricultural district can become reduced in acreage based upon the voluntary withdrawal of any of the ownerships. However, the agricultural district shall cease to exist if the total designated acreage drops below twenty (20) acres;
(2) The impacts and consequences of proposed land development; and
(3) Other factors that the board of supervisors may find relevant.
(b) Any ownership or any successor heir of the ownership within an agricultural district may withdraw from the agricultural district upon notifying the local soil and water conservation district in writing.
(c) Landowners may resubmit petitions for designation or redesignation at any time to the local soil and water conservation district.
(d) If a petition is rejected or the local soil and water conservation district board of supervisors repeals designation of an agricultural district, the ownerships within the agricultural district can appeal the decision of the board of supervisors to the Tennessee soil and water conservation commission. Based upon a review of all relevant information and following a public hearing, the Tennessee soil and water conservation commission may either sustain or overturn the decision of the local soil and water conservation district.
Amended by 2021 Tenn. Acts, ch. 203, Secs.s11, s12 eff. 4/22/2021.
Acts 1995, ch. 465, §6; 2003 , ch. 90, § 2.
Tenn. Code Ann. § 43-14-101 — TN Code / Title 43 / Chapter 14 / Section 43-14-101
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 203,s 1, eff. 4/22/2021. Acts 1937, ch. 44, § 1; C. Supp. 1950, § 552.1 (Williams, § 552.30); T.C.A. (orig. ed.), § 43-1401; Acts 2004, ch. 517, § 5.
Repealed by 2021 Tenn. Acts, ch. 203,s 1, eff. 4/22/2021.
Acts 1937, ch. 44, § 1; C. Supp. 1950, § 552.1 (Williams, § 552.30); T.C.A. (orig. ed.), § 43-1401; Acts 2004, ch. 517, § 5.
Tenn. Code Ann. § 43-11-406 — TN Code / Title 43 / Chapter 11 / Section 43-11-406
[Repealed]
Status: repealed

Repealed by 2015 Tenn. Acts, ch. 485, s 12, eff. 7/1/2015.
Tenn. Code Ann. § 43-30-102 — TN Code / Title 43 / Chapter 30 / Section 43-30-102
[Repealed]
Status: repealed

Repealed by 2019 Tenn. Acts, ch. 444, s 2, eff. 7/1/2019. Amended by 2016 Tenn. Acts, ch. 1042, s 1, eff. 7/1/2016. Acts 1985, ch. 387, § 2; 1991, ch. 104, §§ 3-6.
Repealed by 2019 Tenn. Acts, ch. 444, s 2, eff. 7/1/2019.
Amended by 2016 Tenn. Acts, ch. 1042, s 1, eff. 7/1/2016.
Acts 1985, ch. 387, § 2; 1991, ch. 104, §§ 3-6.
Tenn. Code Ann. § 43-38-520 — TN Code / Title 43 / Chapter 38 / Section 43-38-520
Action of members after vote - Class or series of memberships
Status: in_force

(a) The members shall take action by the affirmative vote of the owners of the greater of: (1) A majority of the voting power of the membership interests present and entitled to vote on that item of business in a meeting in which a quorum is present; or (2) A majority of the voting power that would constitute a quorum for the transaction of business at the meeting, except where this chapter, the articles of organization, or a member control agreement, requires a larger proportion. If the articles, bylaws, or a member control agreement requires a larger proportion than is required by this chapter for a particular action, the articles, bylaws, or the member control agreement controls. (b) In any case where a class or series of membership interests is entitled to vote as a class or series by this chapter, the articles of organization, bylaws, a member control agreement, or the terms of the membership interests, the matter being voted upon must also receive the affirmative vote of the owners of the same proportion of the membership interests present of that class or series; or of the total outstanding membership interests of that class or series, as the proportion required pursuant to subsection (a), unless the articles, bylaws, or the member control agreement require a larger proportion. Unless otherwise stated in the articles, bylaws, or a member control agreement, in the case of voting as a class or series, the minimum percentage of the total voting power of membership interests of the class or series that must be present is equal to the minimum percentage of all membership interests entitled to vote required to be present under § 43-38-516 . Acts 2004, ch. 534, § 22.
(a) The members shall take action by the affirmative vote of the owners of the greater of: (1) A majority of the voting power of the membership interests present and entitled to vote on that item of business in a meeting in which a quorum is present; or (2) A majority of the voting power that would constitute a quorum for the transaction of business at the meeting, except where this chapter, the articles of organization, or a member control agreement, requires a larger proportion. If the articles, bylaws, or a member control agreement requires a larger proportion than is required by this chapter for a particular action, the articles, bylaws, or the member control agreement controls.
(1) A majority of the voting power of the membership interests present and entitled to vote on that item of business in a meeting in which a quorum is present; or
(2) A majority of the voting power that would constitute a quorum for the transaction of business at the meeting, except where this chapter, the articles of organization, or a member control agreement, requires a larger proportion. If the articles, bylaws, or a member control agreement requires a larger proportion than is required by this chapter for a particular action, the articles, bylaws, or the member control agreement controls.
(b) In any case where a class or series of membership interests is entitled to vote as a class or series by this chapter, the articles of organization, bylaws, a member control agreement, or the terms of the membership interests, the matter being voted upon must also receive the affirmative vote of the owners of the same proportion of the membership interests present of that class or series; or of the total outstanding membership interests of that class or series, as the proportion required pursuant to subsection (a), unless the articles, bylaws, or the member control agreement require a larger proportion. Unless otherwise stated in the articles, bylaws, or a member control agreement, in the case of voting as a class or series, the minimum percentage of the total voting power of membership interests of the class or series that must be present is equal to the minimum percentage of all membership interests entitled to vote required to be present under § 43-38-516 .
Acts 2004, ch. 534, § 22.
Tenn. Code Ann. § 43-22-102 — TN Code / Title 43 / Chapter 22 / Section 43-22-102
Other uses of words "farm bureau" unlawful - Exception
Status: in_force

The use of the words "farm bureau," either preceded by or followed by the name of any state, county, or town, or by any word designating a product, service, activity, or enterprise in the state of Tennessee, is unlawful; provided, that this shall not limit nor affect the right of the Tennessee Farm Bureau Federation, or any of its affiliate associations, to the free use of such words. Acts 1949, ch. 46, § 2; C. Supp. 1950, § 552.43 (Williams, § 11412.17); T.C.A. (orig. ed.), § 43-2302.
The use of the words "farm bureau," either preceded by or followed by the name of any state, county, or town, or by any word designating a product, service, activity, or enterprise in the state of Tennessee, is unlawful; provided, that this shall not limit nor affect the right of the Tennessee Farm Bureau Federation, or any of its affiliate associations, to the free use of such words.
Acts 1949, ch. 46, § 2; C. Supp. 1950, § 552.43 (Williams, § 11412.17); T.C.A. (orig. ed.), § 43-2302.
Tenn. Code Ann. § 43-8-312 — TN Code / Title 43 / Chapter 8 / Section 43-8-312
[Repealed]
Status: repealed

Repealed by 2020 Tenn. Acts, ch. 621,s 1, eff. 3/25/2020. Amended by 2018 Tenn. Acts, ch. 798,s 2, eff. 7/1/2018. Acts 2003, ch. 120, § 2.
Repealed by 2020 Tenn. Acts, ch. 621,s 1, eff. 3/25/2020.
Amended by 2018 Tenn. Acts, ch. 798,s 2, eff. 7/1/2018.
Acts 2003, ch. 120, § 2.
Tenn. Code Ann. § 43-29-106 — TN Code / Title 43 / Chapter 29 / Section 43-29-106
Application for referendum
Status: in_force

(a) Any qualified producer organization of beef, pork, and eggs may make application to the commissioner requesting a referendum of beef, pork, or egg producers, on forms prescribed by the commissioner, for the purpose of determining whether an assessment of a specified amount can be levied, collected, and disbursed under this chapter, or whether a prior assessment should be amended or terminated. The application shall state the amount of the assessment that is to be proposed in the referendum and a brief statement of the purposes for which the funds collected are proposed to be spent. (b) Any qualified producer organization of corn may make application to the commissioner requesting a referendum of corn producers, on forms prescribed by the commissioner, for the purpose of determining whether an assessment of one cent ($0.01) per bushel of corn sold can be levied, collected, and disbursed under this chapter, or whether a prior assessment should be terminated. The application shall briefly state the purposes for which the funds collected are proposed to be spent. Amended by 2018 Tenn. Acts, ch. 870,s 3, eff. 5/3/2018. Acts 1985, ch. 188, § 6.
(a) Any qualified producer organization of beef, pork, and eggs may make application to the commissioner requesting a referendum of beef, pork, or egg producers, on forms prescribed by the commissioner, for the purpose of determining whether an assessment of a specified amount can be levied, collected, and disbursed under this chapter, or whether a prior assessment should be amended or terminated. The application shall state the amount of the assessment that is to be proposed in the referendum and a brief statement of the purposes for which the funds collected are proposed to be spent.
(b) Any qualified producer organization of corn may make application to the commissioner requesting a referendum of corn producers, on forms prescribed by the commissioner, for the purpose of determining whether an assessment of one cent ($0.01) per bushel of corn sold can be levied, collected, and disbursed under this chapter, or whether a prior assessment should be terminated. The application shall briefly state the purposes for which the funds collected are proposed to be spent.
Amended by 2018 Tenn. Acts, ch. 870,s 3, eff. 5/3/2018.
Acts 1985, ch. 188, § 6.
Tenn. Code Ann. § 43-30-103 — TN Code / Title 43 / Chapter 30 / Section 43-30-103
[Repealed]
Status: repealed

Repealed by 2019 Tenn. Acts, ch. 444, s 2, eff. 7/1/2019. Acts 1985, ch. 387, § 2.
Repealed by 2019 Tenn. Acts, ch. 444, s 2, eff. 7/1/2019.
Acts 1985, ch. 387, § 2.
Tenn. Code Ann. § 43-8-111 — TN Code / Title 43 / Chapter 8 / Section 43-8-111
Seizure, condemnation and sale of pesticide for noncompliance with provisions of law
Status: in_force

(a) Any lot of pesticide not in compliance with this part and part 2 of this chapter shall be subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the area in which the pesticide is located. In the event the court finds the pesticide to be in violation of this part and part 2 of this chapter and orders the condemnation of the pesticide, it shall be disposed of in any manner consistent with the quality of the pesticide and the laws of the state; provided, that in no instance shall the disposition of the pesticide be ordered by the court without first giving the claimant an opportunity to apply to the court for the release of the pesticide or for permission to process or relabel the product to bring it into compliance with this part and part 2 of this chapter. (b) When a decree of condemnation is entered against a pesticide, court costs and fees, storage, and other proper expenses shall be awarded against the person, if any, intervening as claimant of the pesticide. Acts 1951, ch. 150, § 10 (Williams, § 6808.16); T.C.A. (orig. ed.), § 43-711; Acts 1980, ch. 539, § 10.
(a) Any lot of pesticide not in compliance with this part and part 2 of this chapter shall be subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the area in which the pesticide is located. In the event the court finds the pesticide to be in violation of this part and part 2 of this chapter and orders the condemnation of the pesticide, it shall be disposed of in any manner consistent with the quality of the pesticide and the laws of the state; provided, that in no instance shall the disposition of the pesticide be ordered by the court without first giving the claimant an opportunity to apply to the court for the release of the pesticide or for permission to process or relabel the product to bring it into compliance with this part and part 2 of this chapter.
(b) When a decree of condemnation is entered against a pesticide, court costs and fees, storage, and other proper expenses shall be awarded against the person, if any, intervening as claimant of the pesticide.
Acts 1951, ch. 150, § 10 (Williams, § 6808.16); T.C.A. (orig. ed.), § 43-711; Acts 1980, ch. 539, § 10.
Tenn. Code Ann. § 43-11-113 — TN Code / Title 43 / Chapter 11 / Section 43-11-113
Rules and regulations
Status: in_force

For the enforcement of this part, the commissioner is authorized to prescribe and, after a hearing following due notice, to enforce such rules and regulations relating to the distribution of commercial fertilizers as the commissioner may find necessary to carry into effect the full intent and meaning of this part. Acts 1969, ch. 102, § 13; T.C.A., § 43-1133.
For the enforcement of this part, the commissioner is authorized to prescribe and, after a hearing following due notice, to enforce such rules and regulations relating to the distribution of commercial fertilizers as the commissioner may find necessary to carry into effect the full intent and meaning of this part.
Acts 1969, ch. 102, § 13; T.C.A., § 43-1133.
Tenn. Code Ann. § 43-38-118 — TN Code / Title 43 / Chapter 38 / Section 43-38-118
Required records and information
Status: in_force

A cooperative shall keep at its principal executive office, or at another place or places within the United States determined by the board: (1) A current list of the full names and last-known business, residence or mailing addresses of the chief manager, secretary and each member and governor; (2) A current list of the full name and last-known business, residence, or mailing address of each assignee of financial rights and a description of the rights assigned; (3) A copy of the articles and all amendments to the articles; (4) Copies of the currently effective bylaws and any agreements concerning classes or series of membership interests; (5) Copies of the cooperative's federal, state, and local income tax returns and reports, if any, for the three (3) most recent years; (6) Financial statements required by § 43-38-119 and accounting records of the cooperative; (7) Records of all proceedings of members, if any; (8) Any written consents obtained from members under this chapter; (9) Records of all proceedings of the board of directors for the last three (3) years; (10) A statement of all contributions accepted under § 43-38-501 , the identity of the contribution and the agreed value of the contribution; (11) A copy of all contribution agreements and contribution allowance agreements; and (12) A copy of the cooperative's most recent annual report delivered to the secretary of state under § 43-38-120 . Acts 2004, ch. 534, § 23.
A cooperative shall keep at its principal executive office, or at another place or places within the United States determined by the board:
(1) A current list of the full names and last-known business, residence or mailing addresses of the chief manager, secretary and each member and governor;
(2) A current list of the full name and last-known business, residence, or mailing address of each assignee of financial rights and a description of the rights assigned;
(3) A copy of the articles and all amendments to the articles;
(4) Copies of the currently effective bylaws and any agreements concerning classes or series of membership interests;
(5) Copies of the cooperative's federal, state, and local income tax returns and reports, if any, for the three (3) most recent years;
(6) Financial statements required by § 43-38-119 and accounting records of the cooperative;
(7) Records of all proceedings of members, if any;
(8) Any written consents obtained from members under this chapter;
(9) Records of all proceedings of the board of directors for the last three (3) years;
(10) A statement of all contributions accepted under § 43-38-501 , the identity of the contribution and the agreed value of the contribution;
(11) A copy of all contribution agreements and contribution allowance agreements; and
(12) A copy of the cooperative's most recent annual report delivered to the secretary of state under § 43-38-120 .
Acts 2004, ch. 534, § 23.
Tenn. Code Ann. § 43-38-508 — TN Code / Title 43 / Chapter 38 / Section 43-38-508
Death, incompetence, or bankruptcy of member - Member that is dissolved, terminated, or in receivership
Status: in_force

(a) If a member who is an individual dies, a court of competent jurisdiction adjudges the member to be incompetent to manage the member's person or property, or the court places the individual in bankruptcy, the member's executor, administrator, guardian, conservator, trustee, or other legal representative, except as otherwise provided in the articles or bylaws, may exercise all of the member's rights, except voting rights, for the purpose of settling the estate or administering the member's property. If a member is a cooperative, trust, or other entity and is dissolved, terminated, or placed by a court in receivership or bankruptcy, the powers of that member, except as otherwise provided in the articles or bylaws, may be exercised by its legal representative or successor, except the interest shall be a non-voting interest. (b) If an event referred to in subsection (a) causes the termination of a member's interest, then: (1) As provided in § 43-38-502(c) , the terminated member's interest will be considered to be merely that of an assignee of the financial rights owned before the termination of membership; and (2) The rights to be exercised by the legal representative of the successor will be limited accordingly. Acts 2004, ch. 534, § 18.
(a) If a member who is an individual dies, a court of competent jurisdiction adjudges the member to be incompetent to manage the member's person or property, or the court places the individual in bankruptcy, the member's executor, administrator, guardian, conservator, trustee, or other legal representative, except as otherwise provided in the articles or bylaws, may exercise all of the member's rights, except voting rights, for the purpose of settling the estate or administering the member's property. If a member is a cooperative, trust, or other entity and is dissolved, terminated, or placed by a court in receivership or bankruptcy, the powers of that member, except as otherwise provided in the articles or bylaws, may be exercised by its legal representative or successor, except the interest shall be a non-voting interest.
(b) If an event referred to in subsection (a) causes the termination of a member's interest, then: (1) As provided in § 43-38-502(c) , the terminated member's interest will be considered to be merely that of an assignee of the financial rights owned before the termination of membership; and (2) The rights to be exercised by the legal representative of the successor will be limited accordingly.
(1) As provided in § 43-38-502(c) , the terminated member's interest will be considered to be merely that of an assignee of the financial rights owned before the termination of membership; and
(2) The rights to be exercised by the legal representative of the successor will be limited accordingly.
Acts 2004, ch. 534, § 18.
Tenn. Code Ann. § 43-38-1027 — TN Code / Title 43 / Chapter 38 / Section 43-38-1027
Claims procedure
Status: in_force

(a) A person who is or who becomes a creditor or claimant before, during, or following the conclusion of dissolution proceedings, who does not file a claim or pursue a remedy in a legal, administrative or arbitration proceeding during the pendency of the dissolution proceeding, or has not initiated a legal, administrative, or arbitration proceeding before the commencement of the dissolution proceedings, and all those claiming through or under the creditor or claimant, are forever barred from suing on that claim or otherwise realizing upon or enforcing it, except as provided in this section. (b) Within one (1) year after articles of dissolution have been filed with the secretary of state pursuant to this chapter or a dissolution order has been entered, a creditor or claimant who shows good cause for not having previously filed the claim may apply to a court in this state to allow a claim: (1) Against the cooperative to the extent of undistributed assets; or (2) If the undistributed assets are not sufficient to satisfy the claim, the claim may be allowed against a member to the extent of distributions in dissolution received by the member. (c) Debts, obligations and liabilities incurred during dissolution proceedings shall be paid or provided for by the cooperative before the distribution of assets to a member. A person to whom this kind of debt, obligation, or liability is owed but is not paid may pursue any remedy against the officers, directors or members of the cooperative before the expiration of the applicable statute of limitations. This subsection (c) does not apply to dissolution under the supervision or order of a court. Acts 2004, ch. 534, § 32.
(a) A person who is or who becomes a creditor or claimant before, during, or following the conclusion of dissolution proceedings, who does not file a claim or pursue a remedy in a legal, administrative or arbitration proceeding during the pendency of the dissolution proceeding, or has not initiated a legal, administrative, or arbitration proceeding before the commencement of the dissolution proceedings, and all those claiming through or under the creditor or claimant, are forever barred from suing on that claim or otherwise realizing upon or enforcing it, except as provided in this section.
(b) Within one (1) year after articles of dissolution have been filed with the secretary of state pursuant to this chapter or a dissolution order has been entered, a creditor or claimant who shows good cause for not having previously filed the claim may apply to a court in this state to allow a claim: (1) Against the cooperative to the extent of undistributed assets; or (2) If the undistributed assets are not sufficient to satisfy the claim, the claim may be allowed against a member to the extent of distributions in dissolution received by the member.
(1) Against the cooperative to the extent of undistributed assets; or
(2) If the undistributed assets are not sufficient to satisfy the claim, the claim may be allowed against a member to the extent of distributions in dissolution received by the member.
(c) Debts, obligations and liabilities incurred during dissolution proceedings shall be paid or provided for by the cooperative before the distribution of assets to a member. A person to whom this kind of debt, obligation, or liability is owed but is not paid may pursue any remedy against the officers, directors or members of the cooperative before the expiration of the applicable statute of limitations. This subsection (c) does not apply to dissolution under the supervision or order of a court.
Acts 2004, ch. 534, § 32.
Tenn. Code Ann. § 43-37-102 — TN Code / Title 43 / Chapter 37 / Section 43-37-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context clearly requires otherwise: (1) "Ag Fiber Technology" means a unique public/private sector coalition organized by Agro-Tech Communications of Memphis, Tennessee and based at Agricenter International in Memphis, Tennessee. Ag Fiber Technology is comprised of environmental organizations, universities, research institutions, and private corporations that share the goal of advancing biobased products through the commercialization of agricultural fibers; (2) "Agricultural biomass" means crop residues from commodity crops such as wheat, corn, cotton and new crops such as switchgrass. "Agricultural biomass" has unique and strategic positioning in expanding markets for power, fuel and chemicals; (3) "Agricultural fiber" means any fiber material derived from an agricultural crop including, but not limited to, corn stover, cotton, kenaf, rice straw, switchgrass, and wheat straw. Agricultural fibers are the building blocks of biobased products and contain cellulose, lignocellulose and other properties desired by industry; (4) "Bast fiber crop" means crops such as kenaf that are comprised of an outer fiber "bast" and an inner fiber "core" or "hurd". Bast fiber crops are utilized in new markets including building materials, pulp and paper, and absorbency products; (5) "Biobased product" means a commercial or industrial product (other than food or feed) that utilizes biological products or renewable domestic agricultural (plant, animal, and marine) or forestry materials. "Biobased product" includes building products, chemicals, fuels, lubricants, plastics, and paper derived from agricultural materials; (6) "Bioenergy initiative" means a national partnership coordinated by the United States department of energy to develop an integrated industry to produce power, fuel and chemicals from sources including agricultural biomass; and (7) "Industrial utilization" means the products and processes that utilize agricultural materials in non-food, non-feed commercial products. Industrial utilization projects in the United States have included a thirty-five million dollar ($35,000,000) kenaf auto component facility in Indiana; building materials from wheat straw in Idaho and North Dakota; and the expanded use of ethanol in the mid-west. Acts 2000, ch. 838, § 5.
As used in this chapter, unless the context clearly requires otherwise:
(1) "Ag Fiber Technology" means a unique public/private sector coalition organized by Agro-Tech Communications of Memphis, Tennessee and based at Agricenter International in Memphis, Tennessee. Ag Fiber Technology is comprised of environmental organizations, universities, research institutions, and private corporations that share the goal of advancing biobased products through the commercialization of agricultural fibers;
(2) "Agricultural biomass" means crop residues from commodity crops such as wheat, corn, cotton and new crops such as switchgrass. "Agricultural biomass" has unique and strategic positioning in expanding markets for power, fuel and chemicals;
(3) "Agricultural fiber" means any fiber material derived from an agricultural crop including, but not limited to, corn stover, cotton, kenaf, rice straw, switchgrass, and wheat straw. Agricultural fibers are the building blocks of biobased products and contain cellulose, lignocellulose and other properties desired by industry;
(4) "Bast fiber crop" means crops such as kenaf that are comprised of an outer fiber "bast" and an inner fiber "core" or "hurd". Bast fiber crops are utilized in new markets including building materials, pulp and paper, and absorbency products;
(5) "Biobased product" means a commercial or industrial product (other than food or feed) that utilizes biological products or renewable domestic agricultural (plant, animal, and marine) or forestry materials. "Biobased product" includes building products, chemicals, fuels, lubricants, plastics, and paper derived from agricultural materials;
(6) "Bioenergy initiative" means a national partnership coordinated by the United States department of energy to develop an integrated industry to produce power, fuel and chemicals from sources including agricultural biomass; and
(7) "Industrial utilization" means the products and processes that utilize agricultural materials in non-food, non-feed commercial products. Industrial utilization projects in the United States have included a thirty-five million dollar ($35,000,000) kenaf auto component facility in Indiana; building materials from wheat straw in Idaho and North Dakota; and the expanded use of ethanol in the mid-west.
Acts 2000, ch. 838, § 5.
Tenn. Code Ann. § 43-11-401 — TN Code / Title 43 / Chapter 11 / Section 43-11-401
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Agricultural Liming Materials Act." Acts 1989, ch. 7, § 2.
This part shall be known and may be cited as the "Tennessee Agricultural Liming Materials Act."
Acts 1989, ch. 7, § 2.
Tenn. Code Ann. § 43-38-804 — TN Code / Title 43 / Chapter 38 / Section 43-38-804
Procedure for asserting dissenter's rights
Status: in_force

(a) If proposed cooperative action creating dissenter's rights under § 43-38-802 is submitted to vote at a members' meeting, a member who wishes to assert dissenter's rights: (1) Must deliver to the cooperative, before the vote is taken, written notice of the member's intent to demand payment for the member's membership interest if the proposed action is effectuated; and (2) Must not vote the member's membership interest in favor of the proposed action. No written notice of intent to demand payment is required of any member to whom the cooperative failed to provide the notice required by § 43-38-803 . (b) A member who does not satisfy the requirements of subsection (a) is not entitled to payment for the member's membership interest under this part. Acts 2004, ch. 534, § 27.
(a) If proposed cooperative action creating dissenter's rights under § 43-38-802 is submitted to vote at a members' meeting, a member who wishes to assert dissenter's rights: (1) Must deliver to the cooperative, before the vote is taken, written notice of the member's intent to demand payment for the member's membership interest if the proposed action is effectuated; and (2) Must not vote the member's membership interest in favor of the proposed action. No written notice of intent to demand payment is required of any member to whom the cooperative failed to provide the notice required by § 43-38-803 .
(1) Must deliver to the cooperative, before the vote is taken, written notice of the member's intent to demand payment for the member's membership interest if the proposed action is effectuated; and
(2) Must not vote the member's membership interest in favor of the proposed action. No written notice of intent to demand payment is required of any member to whom the cooperative failed to provide the notice required by § 43-38-803 .
(b) A member who does not satisfy the requirements of subsection (a) is not entitled to payment for the member's membership interest under this part.
Acts 2004, ch. 534, § 27.
Tenn. Code Ann. § 43-38-511 — TN Code / Title 43 / Chapter 38 / Section 43-38-511
Special members' meetings
Status: in_force

(a) Special members' meetings of the members may be called by: (1) A majority vote of the board; or (2) The written petition of at least twenty percent (20%) of the patron members, twenty percent (20%) of the nonpatron members or twenty percent (20%) of all members collectively, submitted to the chair. (b) The cooperative shall give notice of a special members' meeting by mailing the special members' meeting notice to each member personally at the person's last known post office address or an alternative method approved by the board and the member individually or the members generally. For a member that is an entity, notice mailed or delivered by an alternative method shall be to an officer of the entity. The special members' meeting notice shall state the time, place, and purpose of the special members' meeting. The special members' meeting notice shall be issued within ten (10) days from and after the date of the presentation of a members' petition, and the special members' meeting shall be held within thirty (30) days after the date of the presentation of the members' petition. Acts 2004, ch. 534, § 20.
(a) Special members' meetings of the members may be called by: (1) A majority vote of the board; or (2) The written petition of at least twenty percent (20%) of the patron members, twenty percent (20%) of the nonpatron members or twenty percent (20%) of all members collectively, submitted to the chair.
(1) A majority vote of the board; or
(2) The written petition of at least twenty percent (20%) of the patron members, twenty percent (20%) of the nonpatron members or twenty percent (20%) of all members collectively, submitted to the chair.
(b) The cooperative shall give notice of a special members' meeting by mailing the special members' meeting notice to each member personally at the person's last known post office address or an alternative method approved by the board and the member individually or the members generally. For a member that is an entity, notice mailed or delivered by an alternative method shall be to an officer of the entity. The special members' meeting notice shall state the time, place, and purpose of the special members' meeting. The special members' meeting notice shall be issued within ten (10) days from and after the date of the presentation of a members' petition, and the special members' meeting shall be held within thirty (30) days after the date of the presentation of the members' petition.
Acts 2004, ch. 534, § 20.
Tenn. Code Ann. § 43-11-106 — TN Code / Title 43 / Chapter 11 / Section 43-11-106
[Repealed]
Status: repealed

Repealed by 2015 Tenn. Acts, ch. 485, s 12, eff. 7/1/2015.
Tenn. Code Ann. § 43-21-107 — TN Code / Title 43 / Chapter 21 / Section 43-21-107
Statement of premiums to be awarded - Allotment on basis of statement - When funds paid
Status: in_force

On a date to be specified by the commissioner of agriculture, the president and secretary of any fair, or agricultural society wishing to share in state aid to fairs as provided for under § 43-21-102 , shall file with the commissioner a sworn statement of premiums to be paid during the current fair season for entries outlined in § 43-21-106 . In addition thereto and together with sworn statement, the president and secretary shall also show correctly the exact amount paid in premiums for the same entries in the preceding fair season. State aid on the basis of premiums paid during the preceding fair season will be allocated by the commissioner for the current fair season. Whenever any fair did not operate during the preceding fair season, the commissioner is authorized in that instance alone to make an allocation of state aid based upon the estimate of premiums to be paid during the current fair season. Acts 1949, ch. 156, § 6; C. Supp. 1950, § 552.38 (Williams, § 552.61); Acts 1955, ch. 310, § 1; T.C.A. (orig. ed.), § 43-2407.
On a date to be specified by the commissioner of agriculture, the president and secretary of any fair, or agricultural society wishing to share in state aid to fairs as provided for under § 43-21-102 , shall file with the commissioner a sworn statement of premiums to be paid during the current fair season for entries outlined in § 43-21-106 . In addition thereto and together with sworn statement, the president and secretary shall also show correctly the exact amount paid in premiums for the same entries in the preceding fair season. State aid on the basis of premiums paid during the preceding fair season will be allocated by the commissioner for the current fair season. Whenever any fair did not operate during the preceding fair season, the commissioner is authorized in that instance alone to make an allocation of state aid based upon the estimate of premiums to be paid during the current fair season.
Acts 1949, ch. 156, § 6; C. Supp. 1950, § 552.38 (Williams, § 552.61); Acts 1955, ch. 310, § 1; T.C.A. (orig. ed.), § 43-2407.
Tenn. Code Ann. § 43-16-126 — TN Code / Title 43 / Chapter 16 / Section 43-16-126
Member or stockholder entitled to only one vote
Status: in_force

No member or stockholder shall be entitled to more than one (1) vote, regardless of the number of shares of common stock owned by that person. Acts 1923, ch. 100, § 15; Shan. Supp., § 2534a51; Code 1932, §3809; T.C.A. (orig. ed.), § 43-1827.
No member or stockholder shall be entitled to more than one (1) vote, regardless of the number of shares of common stock owned by that person.
Acts 1923, ch. 100, § 15; Shan. Supp., § 2534a51; Code 1932, §3809; T.C.A. (orig. ed.), § 43-1827.
Tenn. Code Ann. § 43-28-311 — TN Code / Title 43 / Chapter 28 / Section 43-28-311
Brands and trade-marks under previous law unaffected
Status: in_force

Nothing in this part shall affect the validity and effect of all timber brands and trademarks that have been duly adopted and recorded under the law in force previous to April 20, 1901, but the timber brands and trademarks shall be as valid for all purposes, civil and criminal, as if duly adopted and recorded under this part. Acts 1901, ch. 54, § 10; Shan., § 3608a87; Code 1932, § 6780; T.C.A. (orig. ed.), § 68-311.
Nothing in this part shall affect the validity and effect of all timber brands and trademarks that have been duly adopted and recorded under the law in force previous to April 20, 1901, but the timber brands and trademarks shall be as valid for all purposes, civil and criminal, as if duly adopted and recorded under this part.
Acts 1901, ch. 54, § 10; Shan., § 3608a87; Code 1932, § 6780; T.C.A. (orig. ed.), § 68-311.
Tenn. Code Ann. § 43-11-109 — TN Code / Title 43 / Chapter 11 / Section 43-11-109
Fertilizer deficiency - Penalties
Status: in_force

(a) If the analysis shall show that any commercial fertilizer falls short of the guaranteed analysis, penalties shall be assessed by the commissioner as follows: (1) When a deficiency in the analysis of any one (1) primary ingredient (nitrogen, phosphorus or potash) is greater than two (2) times the investigational allowance for that ingredient, penalties will be assessed in the amount of three (3) times the commercial value of the deficiency; (2) When a deficiency in the analysis of any one (1) primary ingredient is two (2) or less times the investigational allowance for that ingredient, an overall index value will be calculated. When the overall index value is less than ninety-seven percent (97%), the penalty assessed shall be three (3) times the difference between the found commercial value and the guaranteed commercial value of the primary nutrients; (3) When an analysis of any one (1) primary ingredient results in both a deficiency greater than two (2) times the investigation allowances and an overall index value of less than ninety-seven percent (97%), the greater of the two (2) penalties will be assessed. In no instance will the penalty assessed be greater than the retail value of the lot of fertilizer; and (4) When an analysis of any one (1) secondary nutrient (minor elements) is deemed deficient by exceeding the allowable deficiencies established by regulation, penalties assessed will be in the amount of three (3) times the commercial value of the deficiency. (b) When assessing penalties for fertilizer found to be deficient, tolerances and investigational allowances established by the Association of American Plant Food Control Officials and published in the annual official publication shall be recognized. (c) Deficiency in any other constituent or constituents covered under § 43-11-103(9)(A)(i), (ii) and (iii) that the registrant is required to or may guarantee shall be evaluated by the commissioner and penalties therefor shall be prescribed by the commissioner. (d) Nothing contained in this section shall prevent any person from appealing to a court of competent jurisdiction for judgment as to the justification of penalties. (e) All penalties assessed under this section shall be paid to the consumer of the lot of commercial fertilizer represented by the sample analyzed within two (2) months after the date of notice from the commissioner to the registrant, receipts taken therefor and promptly forwarded to the commissioner. If these consumers cannot be found, the amount of the penalty shall be paid to the department of agriculture, and shall be used only for the enforcement of this part. If, upon satisfactory evidence, a distributor is shown to have altered the content of a fertilizer shipped to such distributor by a registrant, or to have mixed or commingled fertilizer from two (2) or more supplies such that the result of either alteration changes the analysis of the fertilizer as originally guaranteed, then that distributor shall become responsible for obtaining a registration and shall be held liable for all penalty payments and be subject to other provisions of this part, including seizure, condemnation and stop sale. (f) A deficiency in an official sample of mixed fertilizer resulting from nonuniformity shall be handled in the same manner as a deficiency due to actual plant nutrient shortage. Acts 1969, ch. 102, § 9; 1977, ch. 166, § 1; T.C.A., § 43-1129; Acts 1986, ch. 659, § 8; 1988, ch. 544, § 4.
(a) If the analysis shall show that any commercial fertilizer falls short of the guaranteed analysis, penalties shall be assessed by the commissioner as follows: (1) When a deficiency in the analysis of any one (1) primary ingredient (nitrogen, phosphorus or potash) is greater than two (2) times the investigational allowance for that ingredient, penalties will be assessed in the amount of three (3) times the commercial value of the deficiency; (2) When a deficiency in the analysis of any one (1) primary ingredient is two (2) or less times the investigational allowance for that ingredient, an overall index value will be calculated. When the overall index value is less than ninety-seven percent (97%), the penalty assessed shall be three (3) times the difference between the found commercial value and the guaranteed commercial value of the primary nutrients; (3) When an analysis of any one (1) primary ingredient results in both a deficiency greater than two (2) times the investigation allowances and an overall index value of less than ninety-seven percent (97%), the greater of the two (2) penalties will be assessed. In no instance will the penalty assessed be greater than the retail value of the lot of fertilizer; and (4) When an analysis of any one (1) secondary nutrient (minor elements) is deemed deficient by exceeding the allowable deficiencies established by regulation, penalties assessed will be in the amount of three (3) times the commercial value of the deficiency.
(1) When a deficiency in the analysis of any one (1) primary ingredient (nitrogen, phosphorus or potash) is greater than two (2) times the investigational allowance for that ingredient, penalties will be assessed in the amount of three (3) times the commercial value of the deficiency;
(2) When a deficiency in the analysis of any one (1) primary ingredient is two (2) or less times the investigational allowance for that ingredient, an overall index value will be calculated. When the overall index value is less than ninety-seven percent (97%), the penalty assessed shall be three (3) times the difference between the found commercial value and the guaranteed commercial value of the primary nutrients;
(3) When an analysis of any one (1) primary ingredient results in both a deficiency greater than two (2) times the investigation allowances and an overall index value of less than ninety-seven percent (97%), the greater of the two (2) penalties will be assessed. In no instance will the penalty assessed be greater than the retail value of the lot of fertilizer; and
(4) When an analysis of any one (1) secondary nutrient (minor elements) is deemed deficient by exceeding the allowable deficiencies established by regulation, penalties assessed will be in the amount of three (3) times the commercial value of the deficiency.
(b) When assessing penalties for fertilizer found to be deficient, tolerances and investigational allowances established by the Association of American Plant Food Control Officials and published in the annual official publication shall be recognized.
(c) Deficiency in any other constituent or constituents covered under § 43-11-103(9)(A)(i), (ii) and (iii) that the registrant is required to or may guarantee shall be evaluated by the commissioner and penalties therefor shall be prescribed by the commissioner.
(d) Nothing contained in this section shall prevent any person from appealing to a court of competent jurisdiction for judgment as to the justification of penalties.
(e) All penalties assessed under this section shall be paid to the consumer of the lot of commercial fertilizer represented by the sample analyzed within two (2) months after the date of notice from the commissioner to the registrant, receipts taken therefor and promptly forwarded to the commissioner. If these consumers cannot be found, the amount of the penalty shall be paid to the department of agriculture, and shall be used only for the enforcement of this part. If, upon satisfactory evidence, a distributor is shown to have altered the content of a fertilizer shipped to such distributor by a registrant, or to have mixed or commingled fertilizer from two (2) or more supplies such that the result of either alteration changes the analysis of the fertilizer as originally guaranteed, then that distributor shall become responsible for obtaining a registration and shall be held liable for all penalty payments and be subject to other provisions of this part, including seizure, condemnation and stop sale.
(f) A deficiency in an official sample of mixed fertilizer resulting from nonuniformity shall be handled in the same manner as a deficiency due to actual plant nutrient shortage.
Acts 1969, ch. 102, § 9; 1977, ch. 166, § 1; T.C.A., § 43-1129; Acts 1986, ch. 659, § 8; 1988, ch. 544, § 4.
Tenn. Code Ann. § 43-38-1013 — TN Code / Title 43 / Chapter 38 / Section 43-38-1013
Revocation of dissolution proceedings
Status: in_force

(a) Dissolution proceedings may be revoked before the articles of dissolution are filed with the secretary of state. (b) The chair may call a members' meeting to consider the advisability of revoking the dissolution proceedings. The question of the proposed revocation shall be submitted to the members at the members' meeting called to consider the revocation. The dissolution proceedings are revoked if the proposed revocation is approved at the members' meeting by a majority of the members of the cooperative, or for a cooperative with articles or bylaws requiring a greater number of members, the number of members required by the articles or bylaws. (c) After the revocation of dissolution is authorized, the cooperative may revoke the dissolution by delivering to the secretary of state for filing articles of revocation of dissolution that set forth: (1) The name of the cooperative; (2) The effective date of the dissolution that was revoked; (3) The date that the revocation of dissolution was authorized; (4) If the cooperative board of directors, or incorporators, revoked the dissolution, a statement to that effect; (5) If the cooperative's board of directors revoked a dissolution authorized by the members, a statement that revocation was permitted by action by the board of directors alone pursuant to that authorization; and (6) If member action was required to revoke the dissolution, a statement that the resolution was duly adopted by the members and a copy of the resolution or the written consent authorizing the revocation of dissolution. (d) If a revocation of dissolution is effective, it relates back to and takes effect upon the effective date of the dissolution and the cooperative shall resume carrying on its business as if dissolution had never occurred. Acts 2004, ch. 534, § 32.
(a) Dissolution proceedings may be revoked before the articles of dissolution are filed with the secretary of state.
(b) The chair may call a members' meeting to consider the advisability of revoking the dissolution proceedings. The question of the proposed revocation shall be submitted to the members at the members' meeting called to consider the revocation. The dissolution proceedings are revoked if the proposed revocation is approved at the members' meeting by a majority of the members of the cooperative, or for a cooperative with articles or bylaws requiring a greater number of members, the number of members required by the articles or bylaws.
(c) After the revocation of dissolution is authorized, the cooperative may revoke the dissolution by delivering to the secretary of state for filing articles of revocation of dissolution that set forth: (1) The name of the cooperative; (2) The effective date of the dissolution that was revoked; (3) The date that the revocation of dissolution was authorized; (4) If the cooperative board of directors, or incorporators, revoked the dissolution, a statement to that effect; (5) If the cooperative's board of directors revoked a dissolution authorized by the members, a statement that revocation was permitted by action by the board of directors alone pursuant to that authorization; and (6) If member action was required to revoke the dissolution, a statement that the resolution was duly adopted by the members and a copy of the resolution or the written consent authorizing the revocation of dissolution.
(1) The name of the cooperative;
(2) The effective date of the dissolution that was revoked;
(3) The date that the revocation of dissolution was authorized;
(4) If the cooperative board of directors, or incorporators, revoked the dissolution, a statement to that effect;
(5) If the cooperative's board of directors revoked a dissolution authorized by the members, a statement that revocation was permitted by action by the board of directors alone pursuant to that authorization; and
(6) If member action was required to revoke the dissolution, a statement that the resolution was duly adopted by the members and a copy of the resolution or the written consent authorizing the revocation of dissolution.
(d) If a revocation of dissolution is effective, it relates back to and takes effect upon the effective date of the dissolution and the cooperative shall resume carrying on its business as if dissolution had never occurred.
Acts 2004, ch. 534, § 32.
Tenn. Code Ann. § 43-28-304 — TN Code / Title 43 / Chapter 28 / Section 43-28-304
Brand becomes trademark - Infringement - Penalty - Damages
Status: in_force

Every brand adopted pursuant to this part shall be the exclusive trademark of the person, firm or corporation adopting the brand, and any other person, firm or corporation knowingly using or attempting to use that brand without the written consent of the owner commits a Class C misdemeanor, and is liable to the owner of the brand for all damages sustained by the owner by reason of the use of the brand. Acts 1901, ch. 54, § 3; Shan., § 3608a80; Code 1932, § 6773; T.C.A. (orig. ed.), § 68-304; Acts 1989, ch. 591, § 113.
Every brand adopted pursuant to this part shall be the exclusive trademark of the person, firm or corporation adopting the brand, and any other person, firm or corporation knowingly using or attempting to use that brand without the written consent of the owner commits a Class C misdemeanor, and is liable to the owner of the brand for all damages sustained by the owner by reason of the use of the brand.
Acts 1901, ch. 54, § 3; Shan., § 3608a80; Code 1932, § 6773; T.C.A. (orig. ed.), § 68-304; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 43-24-103 — TN Code / Title 43 / Chapter 24 / Section 43-24-103
Legislative intent - Local governments authorized to establish community gardening programs - Use of vacant public land - Use of private property - Priority in allotment of public land - Private property exempt from certain requirements
Status: in_force

(a) (1) (A) It is the intent of this chapter to create authority for local governments to promote healthy eating and active living in their community by encouraging and supporting community gardens. In furtherance of this intent, local governments are authorized to establish community gardening programs. (B) Any local government may allow and encourage the use of vacant public land for community gardening under terms and conditions established by ordinance in the case of municipalities and metropolitan governments and resolution in the case of counties. These local regulations may include, in addition to other requirements: (i) A requirement for a permit for which a reasonable permit fee may be charged; (ii) A requirement that the permittee provide security in the form of a refundable deposit or otherwise for proper clean-up of the community garden after harvest is completed; (iii) A requirement that the permittee possess liability insurance and accept liability for any injury or damage resulting from use of vacant public land for community gardening; and (iv) A requirement that the permittee indemnify and save harmless the local government and its officers, agents and employees against suits and claims of liability arising out of, or in consequence of, the use of vacant public land. (2) Any local government may establish a program, with the cooperation and assistance of the county agricultural extension agent, for the ready identification of vacant public land available for community gardening. (3) Any local government may assist in the development of community gardens on vacant public land or on private property by expending funds and providing use of materials and equipment for these purposes, and these expenditures and uses shall be considered a valid public purpose. (4) Any owner of private land, including, but not limited to, individuals, corporations, partnerships, sole proprietorships, homeowner associations, condominium associations and other private property owners may make available to the local government parcels of land for community gardening under terms and conditions agreed upon between the local government and the owner. (b) If there is a shortage of parcels or space for community gardening, first priority in the allotment of public land should be given to grand-mentoring and second priority in the allotment of public land should be given to persons sixty (60) years of age or older and persons whose gross annual income is equal to or less than the poverty guidelines published annually in the Federal Register by the United States department of health and human services under the authority of 42 U.S.C. § 9909(2) . (c) Community gardens located on private property and operated without the intervention of a local government are not subject to the permitting, security, insurance and indemnification requirements authorized in subdivision (a)(1)(B), but these and other provisions may be agreed upon by the parties. Community gardens located on private property shall comply with applicable state and local regulations relative to nuisances, property maintenance and the health, safety and welfare of the public. Amended by 2014 Tenn. Acts, ch. 556, s 1, eff. 3/21/2014. Acts 1977, ch. 409, § 3; T.C.A., §43-3103; Acts 2011 , ch. 330, § 3.
(a) (1) (A) It is the intent of this chapter to create authority for local governments to promote healthy eating and active living in their community by encouraging and supporting community gardens. In furtherance of this intent, local governments are authorized to establish community gardening programs. (B) Any local government may allow and encourage the use of vacant public land for community gardening under terms and conditions established by ordinance in the case of municipalities and metropolitan governments and resolution in the case of counties. These local regulations may include, in addition to other requirements: (i) A requirement for a permit for which a reasonable permit fee may be charged; (ii) A requirement that the permittee provide security in the form of a refundable deposit or otherwise for proper clean-up of the community garden after harvest is completed; (iii) A requirement that the permittee possess liability insurance and accept liability for any injury or damage resulting from use of vacant public land for community gardening; and (iv) A requirement that the permittee indemnify and save harmless the local government and its officers, agents and employees against suits and claims of liability arising out of, or in consequence of, the use of vacant public land. (2) Any local government may establish a program, with the cooperation and assistance of the county agricultural extension agent, for the ready identification of vacant public land available for community gardening. (3) Any local government may assist in the development of community gardens on vacant public land or on private property by expending funds and providing use of materials and equipment for these purposes, and these expenditures and uses shall be considered a valid public purpose. (4) Any owner of private land, including, but not limited to, individuals, corporations, partnerships, sole proprietorships, homeowner associations, condominium associations and other private property owners may make available to the local government parcels of land for community gardening under terms and conditions agreed upon between the local government and the owner.
(1) (A) It is the intent of this chapter to create authority for local governments to promote healthy eating and active living in their community by encouraging and supporting community gardens. In furtherance of this intent, local governments are authorized to establish community gardening programs. (B) Any local government may allow and encourage the use of vacant public land for community gardening under terms and conditions established by ordinance in the case of municipalities and metropolitan governments and resolution in the case of counties. These local regulations may include, in addition to other requirements: (i) A requirement for a permit for which a reasonable permit fee may be charged; (ii) A requirement that the permittee provide security in the form of a refundable deposit or otherwise for proper clean-up of the community garden after harvest is completed; (iii) A requirement that the permittee possess liability insurance and accept liability for any injury or damage resulting from use of vacant public land for community gardening; and (iv) A requirement that the permittee indemnify and save harmless the local government and its officers, agents and employees against suits and claims of liability arising out of, or in consequence of, the use of vacant public land.
(A) It is the intent of this chapter to create authority for local governments to promote healthy eating and active living in their community by encouraging and supporting community gardens. In furtherance of this intent, local governments are authorized to establish community gardening programs.
(B) Any local government may allow and encourage the use of vacant public land for community gardening under terms and conditions established by ordinance in the case of municipalities and metropolitan governments and resolution in the case of counties. These local regulations may include, in addition to other requirements: (i) A requirement for a permit for which a reasonable permit fee may be charged; (ii) A requirement that the permittee provide security in the form of a refundable deposit or otherwise for proper clean-up of the community garden after harvest is completed; (iii) A requirement that the permittee possess liability insurance and accept liability for any injury or damage resulting from use of vacant public land for community gardening; and (iv) A requirement that the permittee indemnify and save harmless the local government and its officers, agents and employees against suits and claims of liability arising out of, or in consequence of, the use of vacant public land.
(i) A requirement for a permit for which a reasonable permit fee may be charged;
(ii) A requirement that the permittee provide security in the form of a refundable deposit or otherwise for proper clean-up of the community garden after harvest is completed;
(iii) A requirement that the permittee possess liability insurance and accept liability for any injury or damage resulting from use of vacant public land for community gardening; and
(iv) A requirement that the permittee indemnify and save harmless the local government and its officers, agents and employees against suits and claims of liability arising out of, or in consequence of, the use of vacant public land.
(2) Any local government may establish a program, with the cooperation and assistance of the county agricultural extension agent, for the ready identification of vacant public land available for community gardening.
(3) Any local government may assist in the development of community gardens on vacant public land or on private property by expending funds and providing use of materials and equipment for these purposes, and these expenditures and uses shall be considered a valid public purpose.
(4) Any owner of private land, including, but not limited to, individuals, corporations, partnerships, sole proprietorships, homeowner associations, condominium associations and other private property owners may make available to the local government parcels of land for community gardening under terms and conditions agreed upon between the local government and the owner.
(b) If there is a shortage of parcels or space for community gardening, first priority in the allotment of public land should be given to grand-mentoring and second priority in the allotment of public land should be given to persons sixty (60) years of age or older and persons whose gross annual income is equal to or less than the poverty guidelines published annually in the Federal Register by the United States department of health and human services under the authority of 42 U.S.C. § 9909(2) .
(c) Community gardens located on private property and operated without the intervention of a local government are not subject to the permitting, security, insurance and indemnification requirements authorized in subdivision (a)(1)(B), but these and other provisions may be agreed upon by the parties. Community gardens located on private property shall comply with applicable state and local regulations relative to nuisances, property maintenance and the health, safety and welfare of the public.
Amended by 2014 Tenn. Acts, ch. 556, s 1, eff. 3/21/2014.
Acts 1977, ch. 409, § 3; T.C.A., §43-3103; Acts 2011 , ch. 330, § 3.
Tenn. Code Ann. § 43-8-107 — TN Code / Title 43 / Chapter 8 / Section 43-8-107
Notice given of violations - Hearing - Prosecution upon certification of facts
Status: in_force

(a) If it appears from the examination or evidence that this part and part 2 of this chapter or the rules and regulations issued under this part or part 2 of this chapter have been violated, the commissioner may cause notice of the violations to be given to the registrant, distributor, and possessor from whom the sample or evidence was taken. Any party so notified shall be given an opportunity to be heard under such rules and regulations as may be prescribed by the commissioner. If it appears after such hearing that there has been a sufficient number of violations of this part and part 2 of this chapter or the rules and regulations issued under this part and part 2 of this chapter, the commissioner may certify the facts to the district attorney general or the county attorney or the city attorney for the county or municipality in which the violation shall have occurred, and furnish that officer with a copy of the results of the examination of such sample duly authenticated by the state chemist or other officer making the examination. It shall be the duty of every such attorney to whom the commissioner shall report any violation of this part and part 2 of this chapter to cause proceedings to be prosecuted without delay for the fines and penalties in such cases. Any person convicted of violating any provision of this part and part 2 of this chapter or the rules and regulations issued thereunder commits a Class A misdemeanor. (b) Nothing in this section shall be construed as requiring the commissioner to report for the institution of proceedings under this part and part 2 of this chapter, minor violations of this part and part 2 of this chapter, whenever the commissioner believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning. Acts 1951, ch. 150, § 7 (Williams, § 6808.13); T.C.A. (orig. ed.), § 43-708; Acts 1989, ch. 591, § 113; T.C.A. § 43-8-108 ; Acts 2004, ch. 464, § 2.
(a) If it appears from the examination or evidence that this part and part 2 of this chapter or the rules and regulations issued under this part or part 2 of this chapter have been violated, the commissioner may cause notice of the violations to be given to the registrant, distributor, and possessor from whom the sample or evidence was taken. Any party so notified shall be given an opportunity to be heard under such rules and regulations as may be prescribed by the commissioner. If it appears after such hearing that there has been a sufficient number of violations of this part and part 2 of this chapter or the rules and regulations issued under this part and part 2 of this chapter, the commissioner may certify the facts to the district attorney general or the county attorney or the city attorney for the county or municipality in which the violation shall have occurred, and furnish that officer with a copy of the results of the examination of such sample duly authenticated by the state chemist or other officer making the examination. It shall be the duty of every such attorney to whom the commissioner shall report any violation of this part and part 2 of this chapter to cause proceedings to be prosecuted without delay for the fines and penalties in such cases. Any person convicted of violating any provision of this part and part 2 of this chapter or the rules and regulations issued thereunder commits a Class A misdemeanor.
(b) Nothing in this section shall be construed as requiring the commissioner to report for the institution of proceedings under this part and part 2 of this chapter, minor violations of this part and part 2 of this chapter, whenever the commissioner believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning.
Acts 1951, ch. 150, § 7 (Williams, § 6808.13); T.C.A. (orig. ed.), § 43-708; Acts 1989, ch. 591, § 113; T.C.A. § 43-8-108 ; Acts 2004, ch. 464, § 2.
Tenn. Code Ann. § 43-32-213 — TN Code / Title 43 / Chapter 32 / Section 43-32-213
Rules
Status: in_force

In accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, the commissioner shall promulgate such rules as may be necessary to effectively and efficiently administer and enforce this chapter. Acts 1989, ch. 232, § 22.
In accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, the commissioner shall promulgate such rules as may be necessary to effectively and efficiently administer and enforce this chapter.
Acts 1989, ch. 232, § 22.
Tenn. Code Ann. § 43-16-117 — TN Code / Title 43 / Chapter 16 / Section 43-16-117
Remuneration of officers, directors, and committeemen
Status: in_force

An association may provide a fair remuneration for the time actually spent by its officers and directors in its service and for the service of the members of its executive committee. Acts 1923, ch. 100, § 12; Shan. Supp., § 2534a41; Code 1932, §3799; T.C.A. (orig. ed.), § 43-1817.
An association may provide a fair remuneration for the time actually spent by its officers and directors in its service and for the service of the members of its executive committee.
Acts 1923, ch. 100, § 12; Shan. Supp., § 2534a41; Code 1932, §3799; T.C.A. (orig. ed.), § 43-1817.
Tenn. Code Ann. § 43-37-105 — TN Code / Title 43 / Chapter 37 / Section 43-37-105
Authority of commissioner
Status: in_force

The commissioner of agriculture is authorized to promulgate rules and regulations to effectuate the purposes of this chapter. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 2000, ch. 838, § 6.
The commissioner of agriculture is authorized to promulgate rules and regulations to effectuate the purposes of this chapter. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2000, ch. 838, § 6.
Tenn. Code Ann. § 43-16-113 — TN Code / Title 43 / Chapter 16 / Section 43-16-113
Amendment of articles of incorporation
Status: in_force

(a) An amendment, including a conversion to a general nonprofit corporation pursuant to § 48-61-109 , must be approved by two-thirds (2/3) of the directors. An amendment changing the name of the association or its principal place of business must be adopted by the association if notice of the board of directors meeting to consider the amendment is given to the members as provided in § 43-16-115 . All other amendments must also be adopted by a vote representing a majority of all the members of the association as provided in this section. (b) (1) If, at a meeting of the members of the association to which a proposed amendment has been submitted, a majority of the members are not present, then those present and members voting by any method allowed in the organization's bylaws, whether or not a quorum is present, may adjourn the meeting to a time and place certain. (2) Prior to the convening of the adjourned meeting, notice of the adjourned meeting must be given to the members solely to vote and count ballots received by any method allowed in the organization's bylaws, including in person, by proxy, mail, or an electronic method, on the proposed amendment. The notice must state the time, place, and purpose of the adjourned meeting. (3) When the meeting reconvenes, the members represented by any method allowed by the organization's bylaws, including a member being present in person, and those voting by proxy, mail, or an electronic method, constitute the quorum, and may take action on the proposed amendment by a majority vote of those represented, even if fewer than a majority of the total membership of the association is present. Amended by 2023 Tenn. Acts, ch. 97, s 1, eff. 7/1/2023. Amended by 2015 Tenn. Acts, ch. 323, s 2, eff. 4/28/2015. Acts 1923, ch. 100, § 9; Shan. Supp., § 2534a37; mod. Code 1932, § 3795; Acts 1976, ch. 753, § 1; T.C.A. (orig. ed.), § 43-1813.
(a) An amendment, including a conversion to a general nonprofit corporation pursuant to § 48-61-109 , must be approved by two-thirds (2/3) of the directors. An amendment changing the name of the association or its principal place of business must be adopted by the association if notice of the board of directors meeting to consider the amendment is given to the members as provided in § 43-16-115 . All other amendments must also be adopted by a vote representing a majority of all the members of the association as provided in this section.
(b) (1) If, at a meeting of the members of the association to which a proposed amendment has been submitted, a majority of the members are not present, then those present and members voting by any method allowed in the organization's bylaws, whether or not a quorum is present, may adjourn the meeting to a time and place certain. (2) Prior to the convening of the adjourned meeting, notice of the adjourned meeting must be given to the members solely to vote and count ballots received by any method allowed in the organization's bylaws, including in person, by proxy, mail, or an electronic method, on the proposed amendment. The notice must state the time, place, and purpose of the adjourned meeting. (3) When the meeting reconvenes, the members represented by any method allowed by the organization's bylaws, including a member being present in person, and those voting by proxy, mail, or an electronic method, constitute the quorum, and may take action on the proposed amendment by a majority vote of those represented, even if fewer than a majority of the total membership of the association is present.
(1) If, at a meeting of the members of the association to which a proposed amendment has been submitted, a majority of the members are not present, then those present and members voting by any method allowed in the organization's bylaws, whether or not a quorum is present, may adjourn the meeting to a time and place certain.
(2) Prior to the convening of the adjourned meeting, notice of the adjourned meeting must be given to the members solely to vote and count ballots received by any method allowed in the organization's bylaws, including in person, by proxy, mail, or an electronic method, on the proposed amendment. The notice must state the time, place, and purpose of the adjourned meeting.
(3) When the meeting reconvenes, the members represented by any method allowed by the organization's bylaws, including a member being present in person, and those voting by proxy, mail, or an electronic method, constitute the quorum, and may take action on the proposed amendment by a majority vote of those represented, even if fewer than a majority of the total membership of the association is present.
Amended by 2023 Tenn. Acts, ch. 97, s 1, eff. 7/1/2023.
Amended by 2015 Tenn. Acts, ch. 323, s 2, eff. 4/28/2015.
Acts 1923, ch. 100, § 9; Shan. Supp., § 2534a37; mod. Code 1932, § 3795; Acts 1976, ch. 753, § 1; T.C.A. (orig. ed.), § 43-1813.
Tenn. Code Ann. § 43-34-104 — TN Code / Title 43 / Chapter 34 / Section 43-34-104
Requirements of an agricultural district - Petition process
Status: in_force

(a) To qualify for designation as an agricultural district, a district shall initially contain at least two hundred fifty (250) contiguous acres and may include any number of individual property ownerships; however, no single ownership shall contain less than fifteen (15) acres. This chapter shall not alter the eligibility requirements or any other provision of the Agricultural, Forest and Open Space Land Act, compiled in title 67, chapter 5, part 10. (b) Agricultural districts can only include ownerships engaged in agricultural production. (c) Landowners must submit a petition to the local soil and water conservation district board of supervisors requesting designation of an agricultural district. The petition shall include the following information: (1) A general description of the proposed agricultural district including total number of ownerships, total acreage, land use information, social and economic information about the respective area of the county, and potential impacts of development on agricultural production; (2) Location of the proposed agricultural district boundary on a standard United States geological survey quadrangle map (1:2000 scale); (3) Location of the proposed agricultural district boundary on the local county tax assessor map, including location and identification of each ownership within the agricultural district as well as identification of all ownerships adjacent to the agricultural district; (4) A description of the type and extent of agricultural production activity for each ownership within the proposed agricultural district; and (5) Other pertinent information as the soil and water conservation district board of supervisors may require to evaluate the petition. (d) Individual ownership participation in an agricultural district is entirely voluntary, and no land shall be included in the agricultural district without the consent of the owner. (e) Upon receipt of a petition, the local soil and water conservation district board of supervisors shall notify the county commissioner and/or any local or regional planning or zoning body that may apply by sending a copy of the petition to such body. (f) In evaluating a petition for the establishment of an agricultural district, the local soil and water conservation district board of supervisors shall consider the following: (1) The capability of the land to support continued agricultural production as indicated by soil conditions, climate, topography, and other natural conditions; (2) The ability of the local, regional, state, and international markets to support continued agricultural production; and (3) Any matter that might be relevant to evaluation of the petition. Amended by 2021 Tenn. Acts, ch. 203, s 10, eff. 4/22/2021. Acts 1995, ch. 465, § 5.
(a) To qualify for designation as an agricultural district, a district shall initially contain at least two hundred fifty (250) contiguous acres and may include any number of individual property ownerships; however, no single ownership shall contain less than fifteen (15) acres. This chapter shall not alter the eligibility requirements or any other provision of the Agricultural, Forest and Open Space Land Act, compiled in title 67, chapter 5, part 10.
(b) Agricultural districts can only include ownerships engaged in agricultural production.
(c) Landowners must submit a petition to the local soil and water conservation district board of supervisors requesting designation of an agricultural district. The petition shall include the following information: (1) A general description of the proposed agricultural district including total number of ownerships, total acreage, land use information, social and economic information about the respective area of the county, and potential impacts of development on agricultural production; (2) Location of the proposed agricultural district boundary on a standard United States geological survey quadrangle map (1:2000 scale); (3) Location of the proposed agricultural district boundary on the local county tax assessor map, including location and identification of each ownership within the agricultural district as well as identification of all ownerships adjacent to the agricultural district; (4) A description of the type and extent of agricultural production activity for each ownership within the proposed agricultural district; and (5) Other pertinent information as the soil and water conservation district board of supervisors may require to evaluate the petition.
(1) A general description of the proposed agricultural district including total number of ownerships, total acreage, land use information, social and economic information about the respective area of the county, and potential impacts of development on agricultural production;
(2) Location of the proposed agricultural district boundary on a standard United States geological survey quadrangle map (1:2000 scale);
(3) Location of the proposed agricultural district boundary on the local county tax assessor map, including location and identification of each ownership within the agricultural district as well as identification of all ownerships adjacent to the agricultural district;
(4) A description of the type and extent of agricultural production activity for each ownership within the proposed agricultural district; and
(5) Other pertinent information as the soil and water conservation district board of supervisors may require to evaluate the petition.
(d) Individual ownership participation in an agricultural district is entirely voluntary, and no land shall be included in the agricultural district without the consent of the owner.
(e) Upon receipt of a petition, the local soil and water conservation district board of supervisors shall notify the county commissioner and/or any local or regional planning or zoning body that may apply by sending a copy of the petition to such body.
(f) In evaluating a petition for the establishment of an agricultural district, the local soil and water conservation district board of supervisors shall consider the following: (1) The capability of the land to support continued agricultural production as indicated by soil conditions, climate, topography, and other natural conditions; (2) The ability of the local, regional, state, and international markets to support continued agricultural production; and (3) Any matter that might be relevant to evaluation of the petition.
(1) The capability of the land to support continued agricultural production as indicated by soil conditions, climate, topography, and other natural conditions;
(2) The ability of the local, regional, state, and international markets to support continued agricultural production; and
(3) Any matter that might be relevant to evaluation of the petition.
Amended by 2021 Tenn. Acts, ch. 203, s 10, eff. 4/22/2021.
Acts 1995, ch. 465, § 5.
Tenn. Code Ann. § 43-10-113 — TN Code / Title 43 / Chapter 10 / Section 43-10-113
Tolerances to be established and used in enforcement
Status: in_force

Due to variations that may occur between the analysis or tests and likewise between label statements and the results of subsequent analyses and tests, tolerances that are to be established by appropriate rules and regulations promulgated under the authority of this part shall be employed in the enforcement of this part. Acts 1986, ch. 660, § 14.
Due to variations that may occur between the analysis or tests and likewise between label statements and the results of subsequent analyses and tests, tolerances that are to be established by appropriate rules and regulations promulgated under the authority of this part shall be employed in the enforcement of this part.
Acts 1986, ch. 660, § 14.
Tenn. Code Ann. § 43-1-602 — TN Code / Title 43 / Chapter 1 / Section 43-1-602
Board - Members
Status: in_force

(a) The Tennessee agricultural hall of fame is placed under the general supervision of a board consisting of nine (9) members composed of the following: (1) Commissioner of agriculture; (2) Dean of the college of agricultural sciences and natural resources of the University of Tennessee; (3) Dean of the University of Tennessee extension; (4) President of the Tennessee Farm Bureau Federation; (5) State master of the Grange; (6) State supervisor of vocational agriculture; and (7) Three (3) members to be appointed by the governor. (b) All members shall serve without compensation. Acts 1937, ch. 43, § 2; 2004, ch. 517, § 4.
(a) The Tennessee agricultural hall of fame is placed under the general supervision of a board consisting of nine (9) members composed of the following: (1) Commissioner of agriculture; (2) Dean of the college of agricultural sciences and natural resources of the University of Tennessee; (3) Dean of the University of Tennessee extension; (4) President of the Tennessee Farm Bureau Federation; (5) State master of the Grange; (6) State supervisor of vocational agriculture; and (7) Three (3) members to be appointed by the governor.
(1) Commissioner of agriculture;
(2) Dean of the college of agricultural sciences and natural resources of the University of Tennessee;
(3) Dean of the University of Tennessee extension;
(4) President of the Tennessee Farm Bureau Federation;
(5) State master of the Grange;
(6) State supervisor of vocational agriculture; and
(7) Three (3) members to be appointed by the governor.
(b) All members shall serve without compensation.
Acts 1937, ch. 43, § 2; 2004, ch. 517, § 4.
Tenn. Code Ann. § 43-38-811 — TN Code / Title 43 / Chapter 38 / Section 43-38-811
Judicial appraisal of shares
Status: in_force

(a) If a demand for payment under § 43-38-810 remains unsettled, the cooperative shall commence a proceeding within two (2) months after receiving the payment demand and petition the court to determine the fair value of the membership interest and accrued interest. If the cooperative does not commence the proceeding within the two-month period, it shall pay each dissenter whose demand remains unsettled the amount demanded. (b) The cooperative shall commence the proceeding in a court of record having equity jurisdiction in the county where the cooperative's principal executive office, or, if none in this statement, its registered office, is located. (c) The cooperative shall make all dissenters, whether or not residents of this state, whose demands remain unsettled, parties to the proceeding as an action against their membership interests, and all parties must be served with a copy of the petition. Nonresidents may be served by registered or certified mail or by publication as provided by law. (d) The jurisdiction of the court in which the proceeding is commenced under subsection (b) is plenary and exclusive. The court may appoint one (1) or more persons as appraisers to receive evidence and recommend decision on the question of fair value. The appraisers have the powers described in the order appointing them, or in any amendment to it. The dissenters are entitled to the same discovery rights as parties in other civil proceedings. (e) Each dissenter made a party to the proceeding is entitled to judgment: (1) For the amount, if any, by which the court finds the fair value of the dissenter's membership interest plus accrued interest exceeds the amount paid by the cooperative; or (2) For the fair value, plus accrued interest, or the dissenter's after-acquired membership interests for which the cooperative elected to withhold payment under § 43-38-809 . (f) The cooperative is entitled to judgment against each specific dissenter for the amount, if any, by which the court finds the fair value of the dissenter's membership interest, plus accrued interest, is less than the amount paid by the cooperative to each dissenter. Acts 2004, ch. 534, § 27.
(a) If a demand for payment under § 43-38-810 remains unsettled, the cooperative shall commence a proceeding within two (2) months after receiving the payment demand and petition the court to determine the fair value of the membership interest and accrued interest. If the cooperative does not commence the proceeding within the two-month period, it shall pay each dissenter whose demand remains unsettled the amount demanded.
(b) The cooperative shall commence the proceeding in a court of record having equity jurisdiction in the county where the cooperative's principal executive office, or, if none in this statement, its registered office, is located.
(c) The cooperative shall make all dissenters, whether or not residents of this state, whose demands remain unsettled, parties to the proceeding as an action against their membership interests, and all parties must be served with a copy of the petition. Nonresidents may be served by registered or certified mail or by publication as provided by law.
(d) The jurisdiction of the court in which the proceeding is commenced under subsection (b) is plenary and exclusive. The court may appoint one (1) or more persons as appraisers to receive evidence and recommend decision on the question of fair value. The appraisers have the powers described in the order appointing them, or in any amendment to it. The dissenters are entitled to the same discovery rights as parties in other civil proceedings.
(e) Each dissenter made a party to the proceeding is entitled to judgment: (1) For the amount, if any, by which the court finds the fair value of the dissenter's membership interest plus accrued interest exceeds the amount paid by the cooperative; or (2) For the fair value, plus accrued interest, or the dissenter's after-acquired membership interests for which the cooperative elected to withhold payment under § 43-38-809 .
(1) For the amount, if any, by which the court finds the fair value of the dissenter's membership interest plus accrued interest exceeds the amount paid by the cooperative; or
(2) For the fair value, plus accrued interest, or the dissenter's after-acquired membership interests for which the cooperative elected to withhold payment under § 43-38-809 .
(f) The cooperative is entitled to judgment against each specific dissenter for the amount, if any, by which the court finds the fair value of the dissenter's membership interest, plus accrued interest, is less than the amount paid by the cooperative to each dissenter.
Acts 2004, ch. 534, § 27.
Tenn. Code Ann. § 43-6-426 — TN Code / Title 43 / Chapter 6 / Section 43-6-426
Failure to pay assessments and penalties - Commissioner's lien - Rules
Status: in_force

(a) A cotton grower who fails to pay, when due and upon reasonable notice, any assessment levied under this part, shall be subject to a per acre penalty as established in the commissioner's rules, in addition to the assessment. (b) A cotton grower who fails to pay all assessments, including penalties, within thirty (30) days of notice of penalty, shall destroy any cotton plants growing on such cotton grower's acreage that is subject to the assessment. Any such cotton plants that are not destroyed shall be deemed to be a public nuisance, and such public nuisance may be abated in the same manner as any public nuisance. The commissioner, with the approval of the attorney general and reporter and upon the relation of the attorney general and reporter, may apply to the circuit court of the judicial district in which the public nuisance is located to have the nuisance condemned and destroyed, with all costs of destruction to be taxed against the grower. This injunctive relief shall be available to the commissioner, notwithstanding the existence of any other legal remedy, and the commissioner shall not be required to file a bond. (c) Whenever a cotton grower fails to pay all assessments, penalties, and costs associated with the treatment and/or destruction of a cotton crop, the commissioner may recover the amount due from the buyer of the grower's crop, equal to but not exceeding the amount the buyer paid for the crop. Notice of the commissioner's claim shall be given in writing to the grower and the buyer. The buyer shall pay the commissioner's claim before payment for the crop is made to the grower. Beginning on the date written notice is received by the buyer, the commissioner's claim shall apply to any cotton crop grown by the grower, including future crops, until the commissioner's claim is paid in full. The buyer shall be liable for making the payment to the commissioner; however, any buyer of cotton shall take free of the commissioner's claim if the buyer has not received written notice of the claim by the date the grower receives payment for the crop. (d) If the grower's cotton crop fails or is not sufficient to pay the commissioner's claim as provided for in subsection (c), the commissioner shall have a lien of equal dignity with other liens for moneys owed to the state against all real and personal property owned or subsequently acquired by the grower in accordance with § 67-1-1403 . The commissioner shall cause a notice of a lien for payment of the claim to be recorded in the office of the appropriate county register of deeds as provided for in § 67-1-1403 . (e) The commissioner may promulgate rules as may be necessary to file a lien to accomplish the purposes of this part. Acts 1989, ch. 350, § 16; 1999, ch. 410, §§ 1 - 3.
(a) A cotton grower who fails to pay, when due and upon reasonable notice, any assessment levied under this part, shall be subject to a per acre penalty as established in the commissioner's rules, in addition to the assessment.
(b) A cotton grower who fails to pay all assessments, including penalties, within thirty (30) days of notice of penalty, shall destroy any cotton plants growing on such cotton grower's acreage that is subject to the assessment. Any such cotton plants that are not destroyed shall be deemed to be a public nuisance, and such public nuisance may be abated in the same manner as any public nuisance. The commissioner, with the approval of the attorney general and reporter and upon the relation of the attorney general and reporter, may apply to the circuit court of the judicial district in which the public nuisance is located to have the nuisance condemned and destroyed, with all costs of destruction to be taxed against the grower. This injunctive relief shall be available to the commissioner, notwithstanding the existence of any other legal remedy, and the commissioner shall not be required to file a bond.
(c) Whenever a cotton grower fails to pay all assessments, penalties, and costs associated with the treatment and/or destruction of a cotton crop, the commissioner may recover the amount due from the buyer of the grower's crop, equal to but not exceeding the amount the buyer paid for the crop. Notice of the commissioner's claim shall be given in writing to the grower and the buyer. The buyer shall pay the commissioner's claim before payment for the crop is made to the grower. Beginning on the date written notice is received by the buyer, the commissioner's claim shall apply to any cotton crop grown by the grower, including future crops, until the commissioner's claim is paid in full. The buyer shall be liable for making the payment to the commissioner; however, any buyer of cotton shall take free of the commissioner's claim if the buyer has not received written notice of the claim by the date the grower receives payment for the crop.
(d) If the grower's cotton crop fails or is not sufficient to pay the commissioner's claim as provided for in subsection (c), the commissioner shall have a lien of equal dignity with other liens for moneys owed to the state against all real and personal property owned or subsequently acquired by the grower in accordance with § 67-1-1403 . The commissioner shall cause a notice of a lien for payment of the claim to be recorded in the office of the appropriate county register of deeds as provided for in § 67-1-1403 .
(e) The commissioner may promulgate rules as may be necessary to file a lien to accomplish the purposes of this part.
Acts 1989, ch. 350, § 16; 1999, ch. 410, §§ 1 - 3.
Tenn. Code Ann. § 43-24-104 — TN Code / Title 43 / Chapter 24 / Section 43-24-104
Chapter to be liberally construed - Property owners urged to expedite use of vacant or unused property for community gardening
Status: in_force

It is the policy of the state to encourage community gardening on both public and private property, and to that end this chapter shall be liberally construed. Local governments, homeowner or condominium associations, neighborhood or community associations, and private property owners are urged to expedite the use of vacant or unused real property under their control for community gardening to the furthest extent practicable. Amended by 2014 Tenn. Acts, ch. 556, s 1, eff. 3/21/2014. Acts 1977, ch. 409, § 4; T.C.A., §43-3104; Acts 2011 , ch. 330, § 4.
It is the policy of the state to encourage community gardening on both public and private property, and to that end this chapter shall be liberally construed. Local governments, homeowner or condominium associations, neighborhood or community associations, and private property owners are urged to expedite the use of vacant or unused real property under their control for community gardening to the furthest extent practicable.
Amended by 2014 Tenn. Acts, ch. 556, s 1, eff. 3/21/2014.
Acts 1977, ch. 409, § 4; T.C.A., §43-3104; Acts 2011 , ch. 330, § 4.
Tenn. Code Ann. § 43-32-107 — TN Code / Title 43 / Chapter 32 / Section 43-32-107
Inspections - License suspension or revocation
Status: in_force

(a) The department shall examine or inspect each licensed commodity dealer or warehouseman at least once each calendar year. The department may inspect the premises used by any commodity dealer or warehouseman in the conduct of business at any time, and the books, accounts, records and papers of every licensed commodity dealer or warehouseman shall at all times during business hours be subject to inspection by the department. Each commodity dealer or warehouseman may also be required to make such reports of activities, obligations, and transactions as deemed necessary by the department to protect the producer as set forth in the rules and regulations. (b) If a commodity dealer or warehouseman violates any of the provisions of this chapter, that person's license and certificate of license may be removed from that person's premises by any department employee charged with the enforcement of this chapter and returned to the department. This removal shall constitute a suspension of the license, and the licensee may request a hearing before the commissioner within ten (10) days in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (c) If the department finds that a commodity dealer is licensed as a commodities warehouse under the United States Warehouse Act and does not satisfy the requirements of part 2 of this chapter, the commissioner shall suspend or revoke the dealer's license until such time as the commodities warehouse complies with the Tennessee Commodity Producer Indemnity Act, compiled in part 2 of this chapter. (d) If any court of competent jurisdiction issues any order restraining, overturning or modifying any order of the department that suspends or revokes a commodity dealer's or warehouseman's license, the department, its officers, employees and agents shall be held harmless from any liabilities or financial obligations arising out of the operations of the commodity dealer or warehouseman while operating under the court order. Acts 1989, ch. 232, § 7; 1997, ch. 387, § 20.
(a) The department shall examine or inspect each licensed commodity dealer or warehouseman at least once each calendar year. The department may inspect the premises used by any commodity dealer or warehouseman in the conduct of business at any time, and the books, accounts, records and papers of every licensed commodity dealer or warehouseman shall at all times during business hours be subject to inspection by the department. Each commodity dealer or warehouseman may also be required to make such reports of activities, obligations, and transactions as deemed necessary by the department to protect the producer as set forth in the rules and regulations.
(b) If a commodity dealer or warehouseman violates any of the provisions of this chapter, that person's license and certificate of license may be removed from that person's premises by any department employee charged with the enforcement of this chapter and returned to the department. This removal shall constitute a suspension of the license, and the licensee may request a hearing before the commissioner within ten (10) days in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c) If the department finds that a commodity dealer is licensed as a commodities warehouse under the United States Warehouse Act and does not satisfy the requirements of part 2 of this chapter, the commissioner shall suspend or revoke the dealer's license until such time as the commodities warehouse complies with the Tennessee Commodity Producer Indemnity Act, compiled in part 2 of this chapter.
(d) If any court of competent jurisdiction issues any order restraining, overturning or modifying any order of the department that suspends or revokes a commodity dealer's or warehouseman's license, the department, its officers, employees and agents shall be held harmless from any liabilities or financial obligations arising out of the operations of the commodity dealer or warehouseman while operating under the court order.
Acts 1989, ch. 232, § 7; 1997, ch. 387, § 20.
Tenn. Code Ann. § 43-14-208 — TN Code / Title 43 / Chapter 14 / Section 43-14-208
Conduct of hearings and referenda
Status: in_force

The commission shall pay all expenses for the issuance of notices and the conduct of hearings and referenda under this part, and shall supervise the conduct of the hearings and referenda. The commission shall promulgate rules governing the conduct of the hearings and referenda and providing for the registration, prior to the date of the referendum, of all eligible voters, or prescribing an alternate procedure for the determination of those eligible as voters in the referendum. No informalities in the conduct of the referendum, or in any matter relating to the referendum, invalidate the referendum or its result, if notice of the referendum was given substantially as provided in this part and the referendum has been fairly conducted. 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.), § 43-1508.
The commission shall pay all expenses for the issuance of notices and the conduct of hearings and referenda under this part, and shall supervise the conduct of the hearings and referenda. The commission shall promulgate rules governing the conduct of the hearings and referenda and providing for the registration, prior to the date of the referendum, of all eligible voters, or prescribing an alternate procedure for the determination of those eligible as voters in the referendum. No informalities in the conduct of the referendum, or in any matter relating to the referendum, invalidate the referendum or its result, if notice of the referendum was given substantially as provided in this part and the referendum has been fairly conducted.
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.), § 43-1508.
Tenn. Code Ann. § 43-27-207 — TN Code / Title 43 / Chapter 27 / Section 43-27-207
Product testing requirements - Department of agriculture maintenance of list of qualified testing laboratories
Status: in_force

(a) Testing of products and substances must be conducted as follows: (1) Full-panel testing on all active cannabinoid molecules must be conducted prior to final production of products containing a hemp-derived cannabinoid; and (2) A potency test must be conducted on finished goods to confirm potency is consistent with stated potency on the packaging. (b) (1) A supplier or retailer must contract with a third-party laboratory to provide the testing required by subsection (a). (2) The department of agriculture is authorized to promulgate rules specifying which types of tests may be used to satisfy the requirements of subsection (a) and the qualifications for laboratories from which the department will accept test results. (c) Each batch manufactured must undergo testing and obtain a certificate of analysis by a third-party laboratory qualified under subsection (b). (d) The department of agriculture shall: (1) Promulgate rules specifying pass/fail action levels for safety and toxicity with respect to the testing required by subsection (a); (2) Maintain and post on its website a registry of testing laboratories that are qualified to test intermediate manufactured material and finished products containing a hemp-derived cannabinoid; (3) Develop an application and process by which qualifying laboratories are listed on its website. The application submitted by a potentially qualifying laboratory must include a sample certificate of analysis issued by the applying laboratory; and (4) Sample and analyze products containing a hemp-derived cannabinoid produced, distributed, or offered for sale in this state for cannabinoid concentrations, tested according to protocols prescribed by rule under this part. Departmental testing methods must employ liquid chromatography tandem mass spectrometry, in a manner similarly reliable to post-decarboxylation, to determine a cannabinoid profile of samples tested, including their THC concentrations. Added by 2023 Tenn. Acts, ch. 423, s 1, eff. 7/1/2024.
(a) Testing of products and substances must be conducted as follows: (1) Full-panel testing on all active cannabinoid molecules must be conducted prior to final production of products containing a hemp-derived cannabinoid; and (2) A potency test must be conducted on finished goods to confirm potency is consistent with stated potency on the packaging.
(1) Full-panel testing on all active cannabinoid molecules must be conducted prior to final production of products containing a hemp-derived cannabinoid; and
(2) A potency test must be conducted on finished goods to confirm potency is consistent with stated potency on the packaging.
(b) (1) A supplier or retailer must contract with a third-party laboratory to provide the testing required by subsection (a). (2) The department of agriculture is authorized to promulgate rules specifying which types of tests may be used to satisfy the requirements of subsection (a) and the qualifications for laboratories from which the department will accept test results.
(1) A supplier or retailer must contract with a third-party laboratory to provide the testing required by subsection (a).
(2) The department of agriculture is authorized to promulgate rules specifying which types of tests may be used to satisfy the requirements of subsection (a) and the qualifications for laboratories from which the department will accept test results.
(c) Each batch manufactured must undergo testing and obtain a certificate of analysis by a third-party laboratory qualified under subsection (b).
(d) The department of agriculture shall: (1) Promulgate rules specifying pass/fail action levels for safety and toxicity with respect to the testing required by subsection (a); (2) Maintain and post on its website a registry of testing laboratories that are qualified to test intermediate manufactured material and finished products containing a hemp-derived cannabinoid; (3) Develop an application and process by which qualifying laboratories are listed on its website. The application submitted by a potentially qualifying laboratory must include a sample certificate of analysis issued by the applying laboratory; and (4) Sample and analyze products containing a hemp-derived cannabinoid produced, distributed, or offered for sale in this state for cannabinoid concentrations, tested according to protocols prescribed by rule under this part. Departmental testing methods must employ liquid chromatography tandem mass spectrometry, in a manner similarly reliable to post-decarboxylation, to determine a cannabinoid profile of samples tested, including their THC concentrations.
(1) Promulgate rules specifying pass/fail action levels for safety and toxicity with respect to the testing required by subsection (a);
(2) Maintain and post on its website a registry of testing laboratories that are qualified to test intermediate manufactured material and finished products containing a hemp-derived cannabinoid;
(3) Develop an application and process by which qualifying laboratories are listed on its website. The application submitted by a potentially qualifying laboratory must include a sample certificate of analysis issued by the applying laboratory; and
(4) Sample and analyze products containing a hemp-derived cannabinoid produced, distributed, or offered for sale in this state for cannabinoid concentrations, tested according to protocols prescribed by rule under this part. Departmental testing methods must employ liquid chromatography tandem mass spectrometry, in a manner similarly reliable to post-decarboxylation, to determine a cannabinoid profile of samples tested, including their THC concentrations.
Added by 2023 Tenn. Acts, ch. 423, s 1, eff. 7/1/2024.
Tenn. Code Ann. § 43-10-109 — TN Code / Title 43 / Chapter 10 / Section 43-10-109
Prohibitions
Status: in_force

It is unlawful for any person to: (1) Transport, offer for transportation, sell, distribute, offer or expose for sale within this state agricultural seed or vegetable seeds for seeding purposes: (A) Unless a seed license has been obtained in accordance with this part; (B) Unless the test to determine the percentage of germination required by §§ 43-10-106 - 43-10-108 has been completed within a nine-month period, exclusive of the calendar month in which the test was completed immediately prior to sale, exposure for sale, or offering for sale or transportation; (C) Not labeled in accordance with this part or having a false or misleading labeling or claim; (D) Pertaining to which there has been a false or misleading advertisement; (E) Consisting of or containing prohibited noxious-weed seeds (tolerance not permitted); (F) Containing restricted noxious-weed seeds, except as prescribed by rules and regulations promulgated under this part; (G) Containing weed seeds in excess of two percent (2%) by weight unless otherwise provided in rules and regulations promulgated under this part; (H) That have been treated and not labeled as required; (I) To which there are affixed names or terms that create a misleading impression as to the kind, kind and variety, history, productivity, quality or origin of the seeds; (J) Represented to be certified, registered, or foundation seed, unless it has been produced, processed and labeled in accordance with the procedures and in compliance with rules and regulations of an official seed certifying agency; (K) Represented to be hybrid, unless such seed conforms to the definition of a "hybrid" as defined in this part; (L) Unless it conforms to the definition of a "lot"; or (M) By variety name seed not certified by an official seed certifying agency when it is a variety for which a certificate of plant variety protection under the Plant Variety Protection Act specifies sale only as a class of certified seed; provided, that seed from a certified lot may be labeled as to variety name when used in a mixture by, or with the approval of, the owner of the variety; (2) Advertise by variety name or make any representations to a particular variety, when the variety is protected by the Plant Variety Protection Act for sale only as a class of certified seed, if it has not been certified by an official seed certification agency, except as provided in subdivision (1)(M); (3) Transport, offer for transportation, sell, distribute, offer or expose for sale seeds, whole grain, and screenings not for seeding purposes unless labeled "not for seeding purposes"; (4) Detach, alter, deface, or destroy any label provided for in this part or the rules and regulations promulgated under this part, or to alter or substitute seed in any manner that defeats the purpose of this part; (5) Disseminate false or misleading advertisement in any manner concerning agricultural seeds, vegetable seeds or screenings; (6) Hinder or obstruct in any manner an authorized agent of the commissioner in the performance of such agent's lawful duties; (7) Fail to comply with or to supply inaccurate information in reply to a stop-sale order, or remove tags attached to, or move or dispose of, seed or screenings held under stop-sale order, except as specified by the enforcement officer; (8) Use the name of the department of agriculture or the results of tests and inspections made by the department for advertising purposes; (9) Sell, offer or expose for sale, or give away the seeds or plants of Johnson grass or seed indistinguishable from Johnson grass seed, such as Sorghum alum; (10) Use the words "type" or "trace" in lieu of information required by § 43-10-105 through this section; (11) Label and offer for sale seed under the scope of this part without keeping complete records as specified in § 43-10-111 ; or (12) Sell, distribute, offer or expose for sale tobacco seed for seeding purposes unless the seed has been certified by an official seed certifying agency. Acts 1986, ch. 660, § 10; 1993, ch. 269, § 1; 1994, ch. 844, § 2; 1997, ch. 94, § 2.
It is unlawful for any person to:
(1) Transport, offer for transportation, sell, distribute, offer or expose for sale within this state agricultural seed or vegetable seeds for seeding purposes: (A) Unless a seed license has been obtained in accordance with this part; (B) Unless the test to determine the percentage of germination required by §§ 43-10-106 - 43-10-108 has been completed within a nine-month period, exclusive of the calendar month in which the test was completed immediately prior to sale, exposure for sale, or offering for sale or transportation; (C) Not labeled in accordance with this part or having a false or misleading labeling or claim; (D) Pertaining to which there has been a false or misleading advertisement; (E) Consisting of or containing prohibited noxious-weed seeds (tolerance not permitted); (F) Containing restricted noxious-weed seeds, except as prescribed by rules and regulations promulgated under this part; (G) Containing weed seeds in excess of two percent (2%) by weight unless otherwise provided in rules and regulations promulgated under this part; (H) That have been treated and not labeled as required; (I) To which there are affixed names or terms that create a misleading impression as to the kind, kind and variety, history, productivity, quality or origin of the seeds; (J) Represented to be certified, registered, or foundation seed, unless it has been produced, processed and labeled in accordance with the procedures and in compliance with rules and regulations of an official seed certifying agency; (K) Represented to be hybrid, unless such seed conforms to the definition of a "hybrid" as defined in this part; (L) Unless it conforms to the definition of a "lot"; or (M) By variety name seed not certified by an official seed certifying agency when it is a variety for which a certificate of plant variety protection under the Plant Variety Protection Act specifies sale only as a class of certified seed; provided, that seed from a certified lot may be labeled as to variety name when used in a mixture by, or with the approval of, the owner of the variety;
(A) Unless a seed license has been obtained in accordance with this part;
(B) Unless the test to determine the percentage of germination required by §§ 43-10-106 - 43-10-108 has been completed within a nine-month period, exclusive of the calendar month in which the test was completed immediately prior to sale, exposure for sale, or offering for sale or transportation;
(C) Not labeled in accordance with this part or having a false or misleading labeling or claim;
(D) Pertaining to which there has been a false or misleading advertisement;
(E) Consisting of or containing prohibited noxious-weed seeds (tolerance not permitted);
(F) Containing restricted noxious-weed seeds, except as prescribed by rules and regulations promulgated under this part;
(G) Containing weed seeds in excess of two percent (2%) by weight unless otherwise provided in rules and regulations promulgated under this part;
(H) That have been treated and not labeled as required;
(I) To which there are affixed names or terms that create a misleading impression as to the kind, kind and variety, history, productivity, quality or origin of the seeds;
(J) Represented to be certified, registered, or foundation seed, unless it has been produced, processed and labeled in accordance with the procedures and in compliance with rules and regulations of an official seed certifying agency;
(K) Represented to be hybrid, unless such seed conforms to the definition of a "hybrid" as defined in this part;
(L) Unless it conforms to the definition of a "lot"; or
(M) By variety name seed not certified by an official seed certifying agency when it is a variety for which a certificate of plant variety protection under the Plant Variety Protection Act specifies sale only as a class of certified seed; provided, that seed from a certified lot may be labeled as to variety name when used in a mixture by, or with the approval of, the owner of the variety;
(2) Advertise by variety name or make any representations to a particular variety, when the variety is protected by the Plant Variety Protection Act for sale only as a class of certified seed, if it has not been certified by an official seed certification agency, except as provided in subdivision (1)(M);
(3) Transport, offer for transportation, sell, distribute, offer or expose for sale seeds, whole grain, and screenings not for seeding purposes unless labeled "not for seeding purposes";
(4) Detach, alter, deface, or destroy any label provided for in this part or the rules and regulations promulgated under this part, or to alter or substitute seed in any manner that defeats the purpose of this part;
(5) Disseminate false or misleading advertisement in any manner concerning agricultural seeds, vegetable seeds or screenings;
(6) Hinder or obstruct in any manner an authorized agent of the commissioner in the performance of such agent's lawful duties;
(7) Fail to comply with or to supply inaccurate information in reply to a stop-sale order, or remove tags attached to, or move or dispose of, seed or screenings held under stop-sale order, except as specified by the enforcement officer;
(8) Use the name of the department of agriculture or the results of tests and inspections made by the department for advertising purposes;
(9) Sell, offer or expose for sale, or give away the seeds or plants of Johnson grass or seed indistinguishable from Johnson grass seed, such as Sorghum alum;
(10) Use the words "type" or "trace" in lieu of information required by § 43-10-105 through this section;
(11) Label and offer for sale seed under the scope of this part without keeping complete records as specified in § 43-10-111 ; or
(12) Sell, distribute, offer or expose for sale tobacco seed for seeding purposes unless the seed has been certified by an official seed certifying agency.
Acts 1986, ch. 660, § 10; 1993, ch. 269, § 1; 1994, ch. 844, § 2; 1997, ch. 94, § 2.
Tenn. Code Ann. § 43-38-302 — TN Code / Title 43 / Chapter 38 / Section 43-38-302
Approval of and agreement to bylaws - Vote to amend - Enforcement
Status: in_force

(a) Except as otherwise provided in the articles, the bylaws must initially be agreed to by all members or the organizer or organizers. Any person becoming a member after the bylaws have been adopted by the organizers or the members will be deemed to have agreed to the bylaws. (b) Unless otherwise provided in the articles or the bylaws, the amendment of the bylaws shall require the vote of members necessary to amend the articles. (c) (1) A court of equity may enforce the bylaws by injunction or by such other equitable relief as the court in its discretion determines to be fair and appropriate in the circumstances. (2) As an alternative to injunctive or other equitable relief, when § 43-38-1015 is applicable, a court of equity may conduct or continue the dissolution and winding up of the cooperative. (3) Notwithstanding any provision of law to the contrary, any agreement to give dissolution avoidance consent, whether or not contained in the articles, the bylaws or other agreement entered into before the event of dissolution, is not specifically enforceable. Acts 2004, ch. 534, § 6.
(a) Except as otherwise provided in the articles, the bylaws must initially be agreed to by all members or the organizer or organizers. Any person becoming a member after the bylaws have been adopted by the organizers or the members will be deemed to have agreed to the bylaws.
(b) Unless otherwise provided in the articles or the bylaws, the amendment of the bylaws shall require the vote of members necessary to amend the articles.
(c) (1) A court of equity may enforce the bylaws by injunction or by such other equitable relief as the court in its discretion determines to be fair and appropriate in the circumstances. (2) As an alternative to injunctive or other equitable relief, when § 43-38-1015 is applicable, a court of equity may conduct or continue the dissolution and winding up of the cooperative. (3) Notwithstanding any provision of law to the contrary, any agreement to give dissolution avoidance consent, whether or not contained in the articles, the bylaws or other agreement entered into before the event of dissolution, is not specifically enforceable.
(1) A court of equity may enforce the bylaws by injunction or by such other equitable relief as the court in its discretion determines to be fair and appropriate in the circumstances.
(2) As an alternative to injunctive or other equitable relief, when § 43-38-1015 is applicable, a court of equity may conduct or continue the dissolution and winding up of the cooperative.
(3) Notwithstanding any provision of law to the contrary, any agreement to give dissolution avoidance consent, whether or not contained in the articles, the bylaws or other agreement entered into before the event of dissolution, is not specifically enforceable.
Acts 2004, ch. 534, § 6.
Tenn. Code Ann. § 43-25-103 — TN Code / Title 43 / Chapter 25 / Section 43-25-103
Application blanks to be furnished
Status: in_force

It is the duty of the commissioner to have printed suitable blanks upon which application for registration shall be made, and to furnish blanks to all persons desiring to comply with this chapter. Acts 1925, ch. 34, § 4; Shan. Supp., § 320a4; Code 1932, § 440; T.C.A. (orig. ed.), § 43-2503.
It is the duty of the commissioner to have printed suitable blanks upon which application for registration shall be made, and to furnish blanks to all persons desiring to comply with this chapter.
Acts 1925, ch. 34, § 4; Shan. Supp., § 320a4; Code 1932, § 440; T.C.A. (orig. ed.), § 43-2503.
Tenn. Code Ann. § 43-16-112 — TN Code / Title 43 / Chapter 16 / Section 43-16-112
Articles to be signed, acknowledged, and filed - Prima facie evidence of incorporation
Status: in_force

The articles must be signed by the incorporators; and when filed, the articles of incorporation, or certified copies thereof, shall be received in all the courts of this state and other places as prima facie evidence of the due incorporation of the association. Acts 1923, ch. 100, § 8; Shan. Supp., § 2534a36; mod. Code 1932, § 3794; T.C.A. (orig. ed.), § 43-1812; Acts 1991, ch. 243, § 2.
The articles must be signed by the incorporators; and when filed, the articles of incorporation, or certified copies thereof, shall be received in all the courts of this state and other places as prima facie evidence of the due incorporation of the association.
Acts 1923, ch. 100, § 8; Shan. Supp., § 2534a36; mod. Code 1932, § 3794; T.C.A. (orig. ed.), § 43-1812; Acts 1991, ch. 243, § 2.
Tenn. Code Ann. § 43-26-103 — TN Code / Title 43 / Chapter 26 / Section 43-26-103
Farms presumed not nuisances
Status: in_force

(a) It is a rebuttable presumption that a farm or farm operation is not a public or private nuisance. The presumption created by this subsection (a) may be overcome only if the person claiming a public or private nuisance establishes by a preponderance of the evidence that either: (1) The farm operation, based on expert testimony, does not conform to generally accepted agricultural practices; or (2) The farm or farm operation alleged to cause the nuisance does not comply with any applicable statute or rule, including without limitation statutes and rules administered by the department of agriculture or the department of environment and conservation. (b) [Deleted by 2019 amendment.] (c) [Deleted by 2019 amendment.] (d) [Deleted by 2019 amendment.] (e) [Deleted by 2019 amendment.] Amended by 2019 Tenn. Acts, ch. 87,s 7, eff. 4/4/2019. Amended by 2017 Tenn. Acts, ch. 369,s 2, eff. 5/11/2017. Amended by 2016 Tenn. Acts, ch. 891,s 2, eff. 4/27/2016. Amended by 2016 Tenn. Acts, ch. 728,s 1, eff. 4/7/2016. Amended by 2014 Tenn. Acts, ch. 916,s 5, eff. 7/1/2014. Acts 1982, ch. 609, § 3; 2002, ch. 604, § 1.
(a) It is a rebuttable presumption that a farm or farm operation is not a public or private nuisance. The presumption created by this subsection (a) may be overcome only if the person claiming a public or private nuisance establishes by a preponderance of the evidence that either: (1) The farm operation, based on expert testimony, does not conform to generally accepted agricultural practices; or (2) The farm or farm operation alleged to cause the nuisance does not comply with any applicable statute or rule, including without limitation statutes and rules administered by the department of agriculture or the department of environment and conservation.
(1) The farm operation, based on expert testimony, does not conform to generally accepted agricultural practices; or
(2) The farm or farm operation alleged to cause the nuisance does not comply with any applicable statute or rule, including without limitation statutes and rules administered by the department of agriculture or the department of environment and conservation.
(b) [Deleted by 2019 amendment.]
(c) [Deleted by 2019 amendment.]
(d) [Deleted by 2019 amendment.]
(e) [Deleted by 2019 amendment.]
Amended by 2019 Tenn. Acts, ch. 87,s 7, eff. 4/4/2019.
Amended by 2017 Tenn. Acts, ch. 369,s 2, eff. 5/11/2017.
Amended by 2016 Tenn. Acts, ch. 891,s 2, eff. 4/27/2016.
Amended by 2016 Tenn. Acts, ch. 728,s 1, eff. 4/7/2016.
Amended by 2014 Tenn. Acts, ch. 916,s 5, eff. 7/1/2014.
Acts 1982, ch. 609, § 3; 2002, ch. 604, § 1.
Tenn. Code Ann. § 43-6-403 — TN Code / Title 43 / Chapter 6 / Section 43-6-403
Commissioner - Duty - Cooperation with agencies, groups or persons
Status: in_force

The commissioner shall carry out programs to destroy and eliminate boll weevils in this state. The commissioner may cooperate with any agency of the federal government, any state, any other agency in this state, or any person engaged in growing, processing, marketing, handling cotton, or any group of such persons in this state in programs to effectuate the purposes of this part, and may enter into written agreements to effectuate those purposes. Such agreements may provide for cost sharing and for division of duties and responsibilities under this part, and may include other provisions generally to effectuate the purposes of this part. Acts 1989, ch. 350, § 3.
The commissioner shall carry out programs to destroy and eliminate boll weevils in this state. The commissioner may cooperate with any agency of the federal government, any state, any other agency in this state, or any person engaged in growing, processing, marketing, handling cotton, or any group of such persons in this state in programs to effectuate the purposes of this part, and may enter into written agreements to effectuate those purposes. Such agreements may provide for cost sharing and for division of duties and responsibilities under this part, and may include other provisions generally to effectuate the purposes of this part.
Acts 1989, ch. 350, § 3.
Tenn. Code Ann. § 43-38-705 — TN Code / Title 43 / Chapter 38 / Section 43-38-705
Equitable relief
Status: in_force

If a cooperative or an officer or director of the cooperative violates a provision of this chapter, a court in this state may, in an action brought by a member of the cooperative, grant any equitable relief it considers just and reasonable in the circumstances and award expenses, including counsel fees and disbursements, to the member. Acts 2004, ch. 534, § 26.
If a cooperative or an officer or director of the cooperative violates a provision of this chapter, a court in this state may, in an action brought by a member of the cooperative, grant any equitable relief it considers just and reasonable in the circumstances and award expenses, including counsel fees and disbursements, to the member.
Acts 2004, ch. 534, § 26.
Tenn. Code Ann. § 43-38-613 — TN Code / Title 43 / Chapter 38 / Section 43-38-613
Quorum of the board
Status: in_force

(a) Unless the articles or bylaws require a different number, a quorum of a board of directors consists of: (1) A majority of the fixed number of directors, if the cooperative has a fixed board size; or (2) A majority of the number of directors prescribed under the articles or bylaws, or if no number is prescribed, the number in office immediately before the meeting begins, if the cooperative has a variable-range board. (b) The articles or bylaws may authorize a quorum of a board of directors to consist of no fewer than one third (1/3) of the fixed or prescribed number of directors determined under subsection (a). (c) If a quorum is present, the affirmative vote of a majority of directors present is the act of the board of directors, unless the act, articles or bylaws require the vote of a greater number of directors. (d) If a quorum is present when a duly called or held meeting is convened, the directors present may continue to transact business until adjournment, even though the withdrawal of a number of directors originally present leaves less than the proportion or number otherwise required for a quorum. (e) A director who is present at a meeting of the board of directors when cooperative action is taken is deemed to have assented to the action taken unless: (1) The director objects at the beginning of the meeting, or promptly upon the director's arrival, to holding the meeting or transacting business at the meeting; (2) The director's dissent or abstention from the action taken is entered in the minutes of the meeting; or (3) The director delivers written notice of dissent or abstention to the presiding officer of the meeting before its adjournment or to the cooperative immediately after adjournment of the meeting. The right of dissent or abstention is not available to a director who votes in favor of the action taken. Acts 2004, ch. 534, § 25.
(a) Unless the articles or bylaws require a different number, a quorum of a board of directors consists of: (1) A majority of the fixed number of directors, if the cooperative has a fixed board size; or (2) A majority of the number of directors prescribed under the articles or bylaws, or if no number is prescribed, the number in office immediately before the meeting begins, if the cooperative has a variable-range board.
(1) A majority of the fixed number of directors, if the cooperative has a fixed board size; or
(2) A majority of the number of directors prescribed under the articles or bylaws, or if no number is prescribed, the number in office immediately before the meeting begins, if the cooperative has a variable-range board.
(b) The articles or bylaws may authorize a quorum of a board of directors to consist of no fewer than one third (1/3) of the fixed or prescribed number of directors determined under subsection (a).
(c) If a quorum is present, the affirmative vote of a majority of directors present is the act of the board of directors, unless the act, articles or bylaws require the vote of a greater number of directors.
(d) If a quorum is present when a duly called or held meeting is convened, the directors present may continue to transact business until adjournment, even though the withdrawal of a number of directors originally present leaves less than the proportion or number otherwise required for a quorum.
(e) A director who is present at a meeting of the board of directors when cooperative action is taken is deemed to have assented to the action taken unless: (1) The director objects at the beginning of the meeting, or promptly upon the director's arrival, to holding the meeting or transacting business at the meeting; (2) The director's dissent or abstention from the action taken is entered in the minutes of the meeting; or (3) The director delivers written notice of dissent or abstention to the presiding officer of the meeting before its adjournment or to the cooperative immediately after adjournment of the meeting. The right of dissent or abstention is not available to a director who votes in favor of the action taken.
(1) The director objects at the beginning of the meeting, or promptly upon the director's arrival, to holding the meeting or transacting business at the meeting;
(2) The director's dissent or abstention from the action taken is entered in the minutes of the meeting; or
(3) The director delivers written notice of dissent or abstention to the presiding officer of the meeting before its adjournment or to the cooperative immediately after adjournment of the meeting. The right of dissent or abstention is not available to a director who votes in favor of the action taken.
Acts 2004, ch. 534, § 25.
Tenn. Code Ann. § 43-6-410 — TN Code / Title 43 / Chapter 6 / Section 43-6-410
Violations - Penalties
Status: in_force

(a) Any person who violates any of the provisions of this part or the rules promulgated under this part, or who alters, forges or counterfeits, or uses without authority, any certificate or permit or other document provided for in this part or in the rules promulgated under this part, commits a Class A misdemeanor. (b) Any person who, except in compliance with the rules of the commissioner, moves any regulated article into this state from any other state that the commissioner has determined in such rules is infested, commits a Class A misdemeanor. Acts 1989, ch. 350, § 10; 1989, ch. 591, § 1.
(a) Any person who violates any of the provisions of this part or the rules promulgated under this part, or who alters, forges or counterfeits, or uses without authority, any certificate or permit or other document provided for in this part or in the rules promulgated under this part, commits a Class A misdemeanor.
(b) Any person who, except in compliance with the rules of the commissioner, moves any regulated article into this state from any other state that the commissioner has determined in such rules is infested, commits a Class A misdemeanor.
Acts 1989, ch. 350, § 10; 1989, ch. 591, § 1.
Tenn. Code Ann. § 43-38-606 — TN Code / Title 43 / Chapter 38 / Section 43-38-606
Election of directors - Alternative voting
Status: in_force

(a) Directors shall be elected for the term, at the time, and in the manner provided in this section and the bylaws. A majority of the directors shall be members and at least one (1) director shall be elected exclusively by the members holding patron membership interests. The voting authority of the directors shall be as prescribed in the bylaws; provided however, that at least fifty-one percent (51%) of the voting power on general matters of the cooperative shall be allocated to one (1) or more directors elected by members holding patron membership interests, or, in the alternative, one (1) or more directors elected by members holding patron membership interests shall have at least fifty-one percent (51%) voting power on general matters of the cooperative. (b) Directors shall be elected at the regular members' meeting for the terms of office prescribed in the bylaws. Except for directors elected at district meetings, all directors shall be elected at the regular members' meeting. (c) For a cooperative with districts or other units, members may elect directors on a district or unit basis, if provided in the bylaws. The directors may be nominated or elected at district meetings, if provided in the bylaws. Directors who are nominated at district meetings shall be elected at the annual regular members' meeting by vote of the entire membership, unless the bylaws provide that directors who are nominated at district meetings are to be elected by vote of the members of the district, at the district meeting or the annual regular members' meeting. (d) The following shall apply to alternative voting: (1) A member may not vote for a director other than by the member's presence at a meeting or by mail ballot authorized by the board of directors, unless alternative voting is authorized for election of directors by the articles or bylaws; (2) The ballot shall be in a form prescribed by the board; (3) The member shall mark the ballot for the candidate chosen and mail the ballot to the cooperative in a sealed plain envelope inside another envelope bearing the member's name, or shall vote in the alternative manner prescribed by the board; and (4) If the ballot of the member is received by the cooperative on or before the date of the regular members' meeting, the ballot shall be accepted and counted as the vote of the absent member. (e) If a member of a cooperative is not a natural person, and the bylaws do not provide otherwise, the member may appoint or elect one (1) or more natural persons to be eligible for election as a director to the board. Acts 2004, ch. 534, § 25.
(a) Directors shall be elected for the term, at the time, and in the manner provided in this section and the bylaws. A majority of the directors shall be members and at least one (1) director shall be elected exclusively by the members holding patron membership interests. The voting authority of the directors shall be as prescribed in the bylaws; provided however, that at least fifty-one percent (51%) of the voting power on general matters of the cooperative shall be allocated to one (1) or more directors elected by members holding patron membership interests, or, in the alternative, one (1) or more directors elected by members holding patron membership interests shall have at least fifty-one percent (51%) voting power on general matters of the cooperative.
(b) Directors shall be elected at the regular members' meeting for the terms of office prescribed in the bylaws. Except for directors elected at district meetings, all directors shall be elected at the regular members' meeting.
(c) For a cooperative with districts or other units, members may elect directors on a district or unit basis, if provided in the bylaws. The directors may be nominated or elected at district meetings, if provided in the bylaws. Directors who are nominated at district meetings shall be elected at the annual regular members' meeting by vote of the entire membership, unless the bylaws provide that directors who are nominated at district meetings are to be elected by vote of the members of the district, at the district meeting or the annual regular members' meeting.
(d) The following shall apply to alternative voting: (1) A member may not vote for a director other than by the member's presence at a meeting or by mail ballot authorized by the board of directors, unless alternative voting is authorized for election of directors by the articles or bylaws; (2) The ballot shall be in a form prescribed by the board; (3) The member shall mark the ballot for the candidate chosen and mail the ballot to the cooperative in a sealed plain envelope inside another envelope bearing the member's name, or shall vote in the alternative manner prescribed by the board; and (4) If the ballot of the member is received by the cooperative on or before the date of the regular members' meeting, the ballot shall be accepted and counted as the vote of the absent member.
(1) A member may not vote for a director other than by the member's presence at a meeting or by mail ballot authorized by the board of directors, unless alternative voting is authorized for election of directors by the articles or bylaws;
(2) The ballot shall be in a form prescribed by the board;
(3) The member shall mark the ballot for the candidate chosen and mail the ballot to the cooperative in a sealed plain envelope inside another envelope bearing the member's name, or shall vote in the alternative manner prescribed by the board; and
(4) If the ballot of the member is received by the cooperative on or before the date of the regular members' meeting, the ballot shall be accepted and counted as the vote of the absent member.
(e) If a member of a cooperative is not a natural person, and the bylaws do not provide otherwise, the member may appoint or elect one (1) or more natural persons to be eligible for election as a director to the board.
Acts 2004, ch. 534, § 25.
Tenn. Code Ann. § 43-11-407 — TN Code / Title 43 / Chapter 11 / Section 43-11-407
Sampling and testing of materials
Status: in_force

(a) It is the duty of the commissioner, who may act through an authorized agent to sample, inspect, make analyses of, and test agricultural liming materials distributed within this state as the commissioner or the commissioner's agent may deem necessary to determine whether the agricultural liming materials are in compliance with this part. The commissioner, individually or through the commissioner's agent, is authorized to enter upon any public or private premises or carriers during regular business hours in order to have access to agricultural liming material subject to this part and regulations pertaining to this part, and to the records relating to their distribution. (b) The methods of analysis and sampling shall be those approved by the commissioner and shall be guided by AOAC procedures. Acts 1989, ch. 7, § 8.
(a) It is the duty of the commissioner, who may act through an authorized agent to sample, inspect, make analyses of, and test agricultural liming materials distributed within this state as the commissioner or the commissioner's agent may deem necessary to determine whether the agricultural liming materials are in compliance with this part. The commissioner, individually or through the commissioner's agent, is authorized to enter upon any public or private premises or carriers during regular business hours in order to have access to agricultural liming material subject to this part and regulations pertaining to this part, and to the records relating to their distribution.
(b) The methods of analysis and sampling shall be those approved by the commissioner and shall be guided by AOAC procedures.
Acts 1989, ch. 7, § 8.
Tenn. Code Ann. § 43-13-104 — TN Code / Title 43 / Chapter 13 / Section 43-13-104
Eligibility for membership on commission
Status: in_force

To be eligible for appointment to, and membership on, the commission, a person must: (1) Be a legal resident of this state at the time of appointment; and (2) Have personal or professional experience in and knowledge of the equine industry in this state. Added by 2020 Tenn. Acts, ch. 808, s 2, eff. 7/15/2020.
To be eligible for appointment to, and membership on, the commission, a person must:
(1) Be a legal resident of this state at the time of appointment; and
(2) Have personal or professional experience in and knowledge of the equine industry in this state.
Added by 2020 Tenn. Acts, ch. 808, s 2, eff. 7/15/2020.
Tenn. Code Ann. § 43-35-105 — TN Code / Title 43 / Chapter 35 / Section 43-35-105
Compact administrator
Status: in_force

(a) The compact administrator for this state shall be the commissioner of agriculture. The duties of the compact administrator shall be deemed a regular part of the duties of the commissioner's office and the commissioner's expenses as compact administrator become a charge upon the funds of the department of agriculture. (b) The commissioner, as compact administrator, shall be vested with all powers provided for in the compact and all the powers necessary or incidental to the carrying out of the compact in every particular. Acts 1998, ch. 749, § 6.
(a) The compact administrator for this state shall be the commissioner of agriculture. The duties of the compact administrator shall be deemed a regular part of the duties of the commissioner's office and the commissioner's expenses as compact administrator become a charge upon the funds of the department of agriculture.
(b) The commissioner, as compact administrator, shall be vested with all powers provided for in the compact and all the powers necessary or incidental to the carrying out of the compact in every particular.
Acts 1998, ch. 749, § 6.
Tenn. Code Ann. § 43-1-111 — TN Code / Title 43 / Chapter 1 / Section 43-1-111
Promotion and enhancement of equine industry
Status: in_force

The commissioner of agriculture shall employ at least one (1) agricultural marketing specialist whose primary duty shall be the provision and coordination of such technical assistance, support, and encouragement as may be needed to promote and enhance development of Tennessee's equine industry. The commissioner shall collect, publish, and distribute statistics relating to equine production and marketing activities and opportunities within the state. The commissioner shall provide such other informational services as may be needed to notify the state's equine industry concerning the financial, managerial, marketing, regulatory, and administrative aspects of the horse industry in Tennessee and in other states. Acts 1988, ch. 796, § 1.
The commissioner of agriculture shall employ at least one (1) agricultural marketing specialist whose primary duty shall be the provision and coordination of such technical assistance, support, and encouragement as may be needed to promote and enhance development of Tennessee's equine industry. The commissioner shall collect, publish, and distribute statistics relating to equine production and marketing activities and opportunities within the state. The commissioner shall provide such other informational services as may be needed to notify the state's equine industry concerning the financial, managerial, marketing, regulatory, and administrative aspects of the horse industry in Tennessee and in other states.
Acts 1988, ch. 796, § 1.
Tenn. Code Ann. § 43-37-104 — TN Code / Title 43 / Chapter 37 / Section 43-37-104
Findings of general assembly
Status: in_force

(a) The general assembly finds that the development of biobased products, agricultural biomass, bast fiber crops and industrial utilization is in the best interest of Tennessee's economy and agriculture. The general assembly recognizes the importance of agricultural fibers as the basic building blocks for biobased products. (b) The general assembly finds that the development of biobased products, agricultural biomass, bast fiber crops and industrial utilization would reduce dependence on foreign oil imports; enhance energy security; reduce environmental emissions of harmful pollutants; decrease greenhouse gas emissions; increase profitability for agricultural biomass commercial activities; revitalize rural areas with new markets and revenue streams; and would provide greater consumer choices for power, fuel and commercial products. (c) The general assembly finds that cooperation with the United States department of energy and United States department of agriculture's bioenergy initiative, Oak Ridge national laboratory, Tennessee State University, the University of Tennessee and other entities in Tennessee that are developing biobased products, agricultural biomass, bast fiber crops and industrial utilization is in the best interest of Tennessee's economy, environment and agriculture. (d) The general assembly finds that the Ag Fiber Technology program at Agricenter International has a strategic role in the development of biobased products, agricultural biomass, bast fiber crops and industrial utilization through its focus on commercializing agricultural fibers as the basic building blocks for biobased products. (e) The purpose of this chapter is to promote the economy, agriculture, public safety, health and welfare of the citizens of Tennessee, while promoting new opportunities for farmers and rural economies. Acts 2000, ch. 838, § 4.
(a) The general assembly finds that the development of biobased products, agricultural biomass, bast fiber crops and industrial utilization is in the best interest of Tennessee's economy and agriculture. The general assembly recognizes the importance of agricultural fibers as the basic building blocks for biobased products.
(b) The general assembly finds that the development of biobased products, agricultural biomass, bast fiber crops and industrial utilization would reduce dependence on foreign oil imports; enhance energy security; reduce environmental emissions of harmful pollutants; decrease greenhouse gas emissions; increase profitability for agricultural biomass commercial activities; revitalize rural areas with new markets and revenue streams; and would provide greater consumer choices for power, fuel and commercial products.
(c) The general assembly finds that cooperation with the United States department of energy and United States department of agriculture's bioenergy initiative, Oak Ridge national laboratory, Tennessee State University, the University of Tennessee and other entities in Tennessee that are developing biobased products, agricultural biomass, bast fiber crops and industrial utilization is in the best interest of Tennessee's economy, environment and agriculture.
(d) The general assembly finds that the Ag Fiber Technology program at Agricenter International has a strategic role in the development of biobased products, agricultural biomass, bast fiber crops and industrial utilization through its focus on commercializing agricultural fibers as the basic building blocks for biobased products.
(e) The purpose of this chapter is to promote the economy, agriculture, public safety, health and welfare of the citizens of Tennessee, while promoting new opportunities for farmers and rural economies.
Acts 2000, ch. 838, § 4.
Tenn. Code Ann. § 43-16-124 — TN Code / Title 43 / Chapter 16 / Section 43-16-124
Stock - Issuance upon payment - Voting right unaffected where held as security
Status: in_force

No association shall issue stock to a member until it has been fully paid for. The promissory notes of the members may be accepted by the association as full or partial payment. The association shall hold the stock as security for the payment of the note; but such retention as security shall not affect the member's right to vote. Acts 1923, ch. 100, § 15; Shan. Supp., § 2534a48; Code 1932, §3806; T.C.A. (orig. ed.), § 43-1824.
No association shall issue stock to a member until it has been fully paid for. The promissory notes of the members may be accepted by the association as full or partial payment. The association shall hold the stock as security for the payment of the note; but such retention as security shall not affect the member's right to vote.
Acts 1923, ch. 100, § 15; Shan. Supp., § 2534a48; Code 1932, §3806; T.C.A. (orig. ed.), § 43-1824.
Tenn. Code Ann. § 43-30-104 — TN Code / Title 43 / Chapter 30 / Section 43-30-104
[Repealed]
Status: repealed

Repealed by 2019 Tenn. Acts, ch. 444, s 2, eff. 7/1/2019. Acts 1985, ch. 387, § 3.
Repealed by 2019 Tenn. Acts, ch. 444, s 2, eff. 7/1/2019.
Acts 1985, ch. 387, § 3.
Tenn. Code Ann. § 43-8-103 — TN Code / Title 43 / Chapter 8 / Section 43-8-103
Pesticides - Prohibitions as to sale or transportation
Status: in_force

(a) It is unlawful for any person to distribute, sell, or offer for sale within the state of Tennessee, or deliver for transportation or transport in intrastate commerce or between points within this state through any point outside this state any of the following: (1) Any pesticide that is not registered pursuant to § 43-8-104 , or any pesticide where claims or directions for use differ in substance from the representations made in connection with its registration or if the composition of the pesticide differs from its composition as represented in connection with its registration; (2) Any pesticide, unless it is in the registrant's or the manufacturer's unbroken immediate container, and there is affixed to such container, and to any outside container or wrapper of the retail package where required information on the immediate container cannot be clearly read, a label bearing: (A) The name and address of the manufacturer, registrant or person for whom manufactured; (B) The name, brand or trademarks under which the article is sold; and (C) The net weight or measure of the contents subject, however, to such reasonable variations as the commissioner may permit; (3) Any pesticide that contains any substance or substances in quantities highly toxic to humans, determined as provided in § 43-8-106 , unless the label bears, in addition to any other matter required by this part and part 2 of this chapter: (A) The skull and crossbones; (B) The word "poison" prominently, in red on a background of distinctly contrasting color; and (C) A statement of an antidote for the pesticide; or (4) Any pesticide that is adulterated or misbranded. (b) A violation of this section is a Class A misdemeanor. Acts 1951, ch. 150, § 3 (Williams, § 6808.9); 1975, ch. 239, § 1; T.C.A. (orig. ed.), § 43-703; Acts 1980, ch. 539, § 3; 1989, ch. 591, § 113; 2004, ch. 464, § 1.
(a) It is unlawful for any person to distribute, sell, or offer for sale within the state of Tennessee, or deliver for transportation or transport in intrastate commerce or between points within this state through any point outside this state any of the following: (1) Any pesticide that is not registered pursuant to § 43-8-104 , or any pesticide where claims or directions for use differ in substance from the representations made in connection with its registration or if the composition of the pesticide differs from its composition as represented in connection with its registration; (2) Any pesticide, unless it is in the registrant's or the manufacturer's unbroken immediate container, and there is affixed to such container, and to any outside container or wrapper of the retail package where required information on the immediate container cannot be clearly read, a label bearing: (A) The name and address of the manufacturer, registrant or person for whom manufactured; (B) The name, brand or trademarks under which the article is sold; and (C) The net weight or measure of the contents subject, however, to such reasonable variations as the commissioner may permit; (3) Any pesticide that contains any substance or substances in quantities highly toxic to humans, determined as provided in § 43-8-106 , unless the label bears, in addition to any other matter required by this part and part 2 of this chapter: (A) The skull and crossbones; (B) The word "poison" prominently, in red on a background of distinctly contrasting color; and (C) A statement of an antidote for the pesticide; or (4) Any pesticide that is adulterated or misbranded.
(1) Any pesticide that is not registered pursuant to § 43-8-104 , or any pesticide where claims or directions for use differ in substance from the representations made in connection with its registration or if the composition of the pesticide differs from its composition as represented in connection with its registration;
(2) Any pesticide, unless it is in the registrant's or the manufacturer's unbroken immediate container, and there is affixed to such container, and to any outside container or wrapper of the retail package where required information on the immediate container cannot be clearly read, a label bearing: (A) The name and address of the manufacturer, registrant or person for whom manufactured; (B) The name, brand or trademarks under which the article is sold; and (C) The net weight or measure of the contents subject, however, to such reasonable variations as the commissioner may permit;
(A) The name and address of the manufacturer, registrant or person for whom manufactured;
(B) The name, brand or trademarks under which the article is sold; and
(C) The net weight or measure of the contents subject, however, to such reasonable variations as the commissioner may permit;
(3) Any pesticide that contains any substance or substances in quantities highly toxic to humans, determined as provided in § 43-8-106 , unless the label bears, in addition to any other matter required by this part and part 2 of this chapter: (A) The skull and crossbones; (B) The word "poison" prominently, in red on a background of distinctly contrasting color; and (C) A statement of an antidote for the pesticide; or
(A) The skull and crossbones;
(B) The word "poison" prominently, in red on a background of distinctly contrasting color; and
(C) A statement of an antidote for the pesticide; or
(4) Any pesticide that is adulterated or misbranded.
(b) A violation of this section is a Class A misdemeanor.
Acts 1951, ch. 150, § 3 (Williams, § 6808.9); 1975, ch. 239, § 1; T.C.A. (orig. ed.), § 43-703; Acts 1980, ch. 539, § 3; 1989, ch. 591, § 113; 2004, ch. 464, § 1.