Tenn. Code Ann. § 43-38-405 — TN Code / Title 43 / Chapter 38 / Section 43-38-405
Court ordered plan of reorganization
Status: in_force

(a) A cooperative's articles may be amended without action by the board of directors or members to carry out a plan of reorganization ordered or decreed by a court of competent jurisdiction under federal statute, if the articles after amendment contain only provisions required or permitted by § 43-38-203 . (b) The individual or individuals designated by the court shall deliver to the secretary of state for filing articles of amendment setting forth: (1) The name of the cooperative; (2) The text of each amendment approved by the court; (3) The date of the court's order or decree approving the articles of amendment; (4) The title of the reorganization proceeding in which the order or decree was entered; and (5) A statement that the court had jurisdiction of the proceeding under federal statute. (c) Members of a cooperative undergoing reorganization do not have dissenters' rights, except as and to the extent provided in the reorganization plan. (d) This section does not apply after entry of a final decree in the reorganization proceedings, even though the court retains jurisdiction of the proceeding for limited purposes unrelated to consummation of the reorganization plan. Acts 2004, ch. 534, § 9.
(a) A cooperative's articles may be amended without action by the board of directors or members to carry out a plan of reorganization ordered or decreed by a court of competent jurisdiction under federal statute, if the articles after amendment contain only provisions required or permitted by § 43-38-203 .
(b) The individual or individuals designated by the court shall deliver to the secretary of state for filing articles of amendment setting forth: (1) The name of the cooperative; (2) The text of each amendment approved by the court; (3) The date of the court's order or decree approving the articles of amendment; (4) The title of the reorganization proceeding in which the order or decree was entered; and (5) A statement that the court had jurisdiction of the proceeding under federal statute.
(1) The name of the cooperative;
(2) The text of each amendment approved by the court;
(3) The date of the court's order or decree approving the articles of amendment;
(4) The title of the reorganization proceeding in which the order or decree was entered; and
(5) A statement that the court had jurisdiction of the proceeding under federal statute.
(c) Members of a cooperative undergoing reorganization do not have dissenters' rights, except as and to the extent provided in the reorganization plan.
(d) This section does not apply after entry of a final decree in the reorganization proceedings, even though the court retains jurisdiction of the proceeding for limited purposes unrelated to consummation of the reorganization plan.
Acts 2004, ch. 534, § 9.
Tenn. Code Ann. § 43-10-205 — TN Code / Title 43 / Chapter 10 / Section 43-10-205
Rules and regulations - Compliance with standards and procedures - Valid certifications
Status: in_force

(a) The state seed certifying agency shall promulgate rules and regulations for the certification of seeds, plants or plant parts intended for growth, harvest, sale or distribution in Tennessee, with the exception of nursery crops, greenhouse crops, vegetable crops, strawberries and sweet potatoes. (b) All seeds, plants, or plant parts intended for growth, harvest, sale or distribution in Tennessee, with the exception of nursery crops, greenhouse crops, vegetable crops, strawberries and sweet potatoes, shall comply with the standards and procedures established by the state seed certifying agency in order to be eligible for certification. (c) No certification is valid unless issued by the state seed certifying agency established in this part. Acts 1985, ch. 329, § 1; 1995, ch. 291, § 5.
(a) The state seed certifying agency shall promulgate rules and regulations for the certification of seeds, plants or plant parts intended for growth, harvest, sale or distribution in Tennessee, with the exception of nursery crops, greenhouse crops, vegetable crops, strawberries and sweet potatoes.
(b) All seeds, plants, or plant parts intended for growth, harvest, sale or distribution in Tennessee, with the exception of nursery crops, greenhouse crops, vegetable crops, strawberries and sweet potatoes, shall comply with the standards and procedures established by the state seed certifying agency in order to be eligible for certification.
(c) No certification is valid unless issued by the state seed certifying agency established in this part.
Acts 1985, ch. 329, § 1; 1995, ch. 291, § 5.
Tenn. Code Ann. § 43-19-211 — TN Code / Title 43 / Chapter 19 / Section 43-19-211
Derelictions to be reported to county clerk
Status: in_force

Any planter or person shall inform the county clerk of any dereliction of duty on the part of the warehouse keeper. Acts 1870-1871, ch. 65, § 17; Shan., § 3396; Code 1932, § 6495; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 43-2120.
Any planter or person shall inform the county clerk of any dereliction of duty on the part of the warehouse keeper.
Acts 1870-1871, ch. 65, § 17; Shan., § 3396; Code 1932, § 6495; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 43-2120.
Tenn. Code Ann. § 43-21-102 — TN Code / Title 43 / Chapter 21 / Section 43-21-102
Fairs eligible for state aid grants - Use of funds - Forfeiture of privilege
Status: in_force

The commissioner of agriculture, for the purpose of fostering and developing agriculture within the state of Tennessee, is authorized to pay state aid from the grants made by the general assembly for such purposes to nonprofit agricultural shows held for the purpose of advancing agriculture. Fairs that receive state aid shall use their profits for future fair improvements, increasing their premium lists, and furthering the growth, expansion, and usefulness of fairs in every way possible, and to provide for a possible deficit at some future fair. Whenever a fair converts its profits into the treasury of a county, or pays dividends to stockholders, it forfeits its privilege of sharing in state aid. Acts 1949, ch. 156, § 2; C. Supp. 1950, § 552.34 (Williams, § 552.57); T.C.A. (orig. ed.), § 43-2402.
The commissioner of agriculture, for the purpose of fostering and developing agriculture within the state of Tennessee, is authorized to pay state aid from the grants made by the general assembly for such purposes to nonprofit agricultural shows held for the purpose of advancing agriculture. Fairs that receive state aid shall use their profits for future fair improvements, increasing their premium lists, and furthering the growth, expansion, and usefulness of fairs in every way possible, and to provide for a possible deficit at some future fair. Whenever a fair converts its profits into the treasury of a county, or pays dividends to stockholders, it forfeits its privilege of sharing in state aid.
Acts 1949, ch. 156, § 2; C. Supp. 1950, § 552.34 (Williams, § 552.57); T.C.A. (orig. ed.), § 43-2402.
Tenn. Code Ann. § 43-28-307 — TN Code / Title 43 / Chapter 28 / Section 43-28-307
Unlawfully obliterating brand - Penalty
Status: in_force

Any person or persons who unlawfully cut out, cancel, obliterate, or deface any brand recorded as provided in this part that has been placed on any timber of another in this state commits a Class E felony. Acts 1901, ch. 54, § 6; Shan., § 3608a83; Code 1932, § 6776; T.C.A. (orig. ed.), § 68-307; Acts 1989, ch. 591, § 36.
Any person or persons who unlawfully cut out, cancel, obliterate, or deface any brand recorded as provided in this part that has been placed on any timber of another in this state commits a Class E felony.
Acts 1901, ch. 54, § 6; Shan., § 3608a83; Code 1932, § 6776; T.C.A. (orig. ed.), § 68-307; Acts 1989, ch. 591, § 36.
Tenn. Code Ann. § 43-38-704 — TN Code / Title 43 / Chapter 38 / Section 43-38-704
Expenses
Status: in_force

(a) On termination of the proceeding the court may require the plaintiff to pay the defendant's reasonable expenses, including counsel fees, incurred in defending the proceeding, if it finds that the proceeding was commenced without reasonable cause. (b) If a derivative action is successful in whole or in part, or if anything is received by the plaintiff as a result of a judgment, compromise or settlement of any such action, the court may award the plaintiff reasonable expenses, including reasonable counsel fees. If anything is so received by the plaintiff, the court shall make the award of the plaintiff's expenses payable out of those proceeds and direct the plaintiff to remit to the cooperative the remainder thereof, and if those proceeds are insufficient to reimburse the plaintiff's reasonable expenses, the court may direct that the award of the plaintiff's expenses or portion thereof be paid by the cooperative. Acts 2004, ch. 534, § 26.
(a) On termination of the proceeding the court may require the plaintiff to pay the defendant's reasonable expenses, including counsel fees, incurred in defending the proceeding, if it finds that the proceeding was commenced without reasonable cause.
(b) If a derivative action is successful in whole or in part, or if anything is received by the plaintiff as a result of a judgment, compromise or settlement of any such action, the court may award the plaintiff reasonable expenses, including reasonable counsel fees. If anything is so received by the plaintiff, the court shall make the award of the plaintiff's expenses payable out of those proceeds and direct the plaintiff to remit to the cooperative the remainder thereof, and if those proceeds are insufficient to reimburse the plaintiff's reasonable expenses, the court may direct that the award of the plaintiff's expenses or portion thereof be paid by the cooperative.
Acts 2004, ch. 534, § 26.
Tenn. Code Ann. § 43-38-116 — TN Code / Title 43 / Chapter 38 / Section 43-38-116
Challenge of cooperative action
Status: in_force

(a) Except as provided in subsection (b), the validity of a cooperative's action may not be challenged on the ground that the cooperative lacks or lacked the power to act. (b) A cooperative power to act may be challenged in a proceeding by: (1) A member against the cooperative to enjoin the act; (2) The cooperative directly, derivatively, or through a receiver, trustee, or other legal representative, against an incumbent or former director, officer, employee or agent of the cooperative; or (3) The attorney general and reporter under § 43-38-1017 . (c) In a member's proceeding under subdivision (b)(1) to enjoin an unauthorized cooperative act, the court may enjoin or set aside the act, if equitable and if all affected persons are parties to the proceeding, and may award damages for loss, other than anticipated profits, suffered by the cooperative or another party because of enjoining the unauthorized act. Acts 2004, ch. 534, § 13.
(a) Except as provided in subsection (b), the validity of a cooperative's action may not be challenged on the ground that the cooperative lacks or lacked the power to act.
(b) A cooperative power to act may be challenged in a proceeding by: (1) A member against the cooperative to enjoin the act; (2) The cooperative directly, derivatively, or through a receiver, trustee, or other legal representative, against an incumbent or former director, officer, employee or agent of the cooperative; or (3) The attorney general and reporter under § 43-38-1017 .
(1) A member against the cooperative to enjoin the act;
(2) The cooperative directly, derivatively, or through a receiver, trustee, or other legal representative, against an incumbent or former director, officer, employee or agent of the cooperative; or
(3) The attorney general and reporter under § 43-38-1017 .
(c) In a member's proceeding under subdivision (b)(1) to enjoin an unauthorized cooperative act, the court may enjoin or set aside the act, if equitable and if all affected persons are parties to the proceeding, and may award damages for loss, other than anticipated profits, suffered by the cooperative or another party because of enjoining the unauthorized act.
Acts 2004, ch. 534, § 13.
Tenn. Code Ann. § 43-6-105 — TN Code / Title 43 / Chapter 6 / Section 43-6-105
Uniform Administrative Procedures Act applicable - Exception for quarantine procedure
Status: in_force

Administration of this part shall comply with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, except that an order of quarantine need not be treated as a contested case prior to receipt by the commissioner of a petition to review the quarantine. Petitions shall be heard by the commissioner as soon as reasonably possible. Acts 1955, ch. 8, § 5; 1959, ch. 78, § 2; 1976, ch. 806, § 1(79); T.C.A., § 43-519; Acts 1980, ch. 472, § 2.
Administration of this part shall comply with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, except that an order of quarantine need not be treated as a contested case prior to receipt by the commissioner of a petition to review the quarantine. Petitions shall be heard by the commissioner as soon as reasonably possible.
Acts 1955, ch. 8, § 5; 1959, ch. 78, § 2; 1976, ch. 806, § 1(79); T.C.A., § 43-519; Acts 1980, ch. 472, § 2.
Tenn. Code Ann. § 43-38-619 — TN Code / Title 43 / Chapter 38 / Section 43-38-619
Election or appointment of officers
Status: in_force

The board of directors shall elect or appoint, in a manner set forth in the articles or bylaws or in a resolution approved by the affirmative vote of a majority of the directors present, a president, secretary and any other officers or agents the board of directors considers necessary or desirable for the operation and management of the cooperative. These officers and agents have the powers, rights, duties, responsibilities, and terms of office provided for in the articles or bylaws, or as determined by the board of directors. Acts 2004, ch. 534, § 25.
The board of directors shall elect or appoint, in a manner set forth in the articles or bylaws or in a resolution approved by the affirmative vote of a majority of the directors present, a president, secretary and any other officers or agents the board of directors considers necessary or desirable for the operation and management of the cooperative. These officers and agents have the powers, rights, duties, responsibilities, and terms of office provided for in the articles or bylaws, or as determined by the board of directors.
Acts 2004, ch. 534, § 25.
Tenn. Code Ann. § 43-11-121 — TN Code / Title 43 / Chapter 11 / Section 43-11-121
Duty of district attorney general
Status: in_force

It is the duty of each district attorney general to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay. Acts 1969, ch. 102, § 17; T.C.A., § 43-1141.
It is the duty of each district attorney general to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.
Acts 1969, ch. 102, § 17; T.C.A., § 43-1141.
Tenn. Code Ann. § 43-15-102 — TN Code / Title 43 / Chapter 15 / Section 43-15-102
Irrevocable appointment of exclusive agent to sell farm products
Status: in_force

(a) The first person may appoint or designate the other person with whom the first person may contract as the first person's agent; and may invest the agent with authority to decide when and at what price or prices the farm products shall be sold and may appoint the agent the sole and exclusive agent to sell the products. (b) Such farm products shall not be sold by the owner independent of the agent, or through or by any other agent, and they shall not be delivered for storage to any bailee or depository other than a designated bailee or depository of the agent. (c) Such agency shall be irrevocable for the time for which it was by the parties entered into. Acts 1907, ch. 155, § 2; Shan., § 3193a; 5; mod. Code 1932, §7808; T.C.A. (orig. ed.), § 43-1702.
(a) The first person may appoint or designate the other person with whom the first person may contract as the first person's agent; and may invest the agent with authority to decide when and at what price or prices the farm products shall be sold and may appoint the agent the sole and exclusive agent to sell the products.
(b) Such farm products shall not be sold by the owner independent of the agent, or through or by any other agent, and they shall not be delivered for storage to any bailee or depository other than a designated bailee or depository of the agent.
(c) Such agency shall be irrevocable for the time for which it was by the parties entered into.
Acts 1907, ch. 155, § 2; Shan., § 3193a; 5; mod. Code 1932, §7808; T.C.A. (orig. ed.), § 43-1702.
Tenn. Code Ann. § 43-38-507 — TN Code / Title 43 / Chapter 38 / Section 43-38-507
Judgment creditors of members
Status: in_force

On application to a court of competent jurisdiction by any judgment creditor of a member, the court may charge the member's financial rights with payment of the unsatisfied amount of the judgment with interest. To the extent so charged, the judgment creditor has only the rights of an assignee of the member's financial rights under § 43-38-503 . This section does not deprive any member or assignee of financial rights of the benefit of any exemption laws applicable to the membership interest. This section is the sole and exclusive remedy of a judgment creditor with respect to the judgment debtor's membership interest. Acts 2004, ch. 534, § 17.
On application to a court of competent jurisdiction by any judgment creditor of a member, the court may charge the member's financial rights with payment of the unsatisfied amount of the judgment with interest. To the extent so charged, the judgment creditor has only the rights of an assignee of the member's financial rights under § 43-38-503 . This section does not deprive any member or assignee of financial rights of the benefit of any exemption laws applicable to the membership interest. This section is the sole and exclusive remedy of a judgment creditor with respect to the judgment debtor's membership interest.
Acts 2004, ch. 534, § 17.
Tenn. Code Ann. § 43-16-115 — TN Code / Title 43 / Chapter 16 / Section 43-16-115
Regular and special meetings - Notice - Provisions as to notice
Status: in_force

In its bylaws, each association shall provide for one (1) or more regular meetings annually. The board of directors shall have the right to call a special meeting at any time; and ten percent (10%) of the members or stockholders may file a petition stating the specific business to be brought before the association and demand a special meeting at any time. A meeting must thereupon be called by the directors. Notice of all meetings, together with a statement of the purposes thereof, shall be mailed to each member at least ten (10) days prior to the meeting; provided, that the bylaws may require instead that notice may be given by publication in a newspaper of general circulation, published at the principal place of business of the association. Acts 1923, ch. 100, § 11; Shan. Supp., § 2534a39; Code 1932, §3797; T.C.A. (orig. ed.), § 43-1815.
In its bylaws, each association shall provide for one (1) or more regular meetings annually. The board of directors shall have the right to call a special meeting at any time; and ten percent (10%) of the members or stockholders may file a petition stating the specific business to be brought before the association and demand a special meeting at any time. A meeting must thereupon be called by the directors. Notice of all meetings, together with a statement of the purposes thereof, shall be mailed to each member at least ten (10) days prior to the meeting; provided, that the bylaws may require instead that notice may be given by publication in a newspaper of general circulation, published at the principal place of business of the association.
Acts 1923, ch. 100, § 11; Shan. Supp., § 2534a39; Code 1932, §3797; T.C.A. (orig. ed.), § 43-1815.
Tenn. Code Ann. § 43-8-115 — TN Code / Title 43 / Chapter 8 / Section 43-8-115
Agreements with certain municipal or county governments to implement the enforcement provisions of this chapter
Status: in_force

(a) Notwithstanding this section, § 43-8-114 , § 62-21-118(b) , § 62-21-129 or any other law to the contrary, the commissioner shall enter into an agreement with any municipal and/or county government, within any county having a population in excess of two hundred fifty thousand (250,000), according to the 1990 federal census or any subsequent federal census, that requests authority to implement the enforcement provisions of this chapter, its equivalent or any part thereof, in its respective area of jurisdiction; provided, that each of the following conditions are met: (1) The local government program standards are not less stringent than those of state law and regulations; (2) The local government will adequately implement and enforce the program in the respective area of jurisdiction; and (3) Upon execution of the agreement, the local government will be the sole entity responsible for implementation and enforcement of the local government program standards adopted. (b) As used in subsection (a), "respective area of jurisdiction" means: (1) In the case of a municipal government that enters into an agreement pursuant to subsection (a), the area lying within the corporate boundaries of the municipality; and (2) In the case of a county government that enters into an agreement pursuant to subsection (a), the area lying within the boundaries of the county excluding that portion located within the corporate boundaries of a municipal government that has entered, or that subsequently enters, into an agreement pursuant to subsection (a). (c) The commissioner shall retain the right to exercise oversight and evaluation of performance of local government and may terminate the agreement if, after an administrative hearing pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, it is found that the local program does not meet the state standards. (d) Local governments that enter into an agreement pursuant to subsection (a) have the authority through their local legislative bodies to enact fees to provide for the administrative, regulatory and enforcement costs of the program. Acts 1992, ch. 667, § 4.
(a) Notwithstanding this section, § 43-8-114 , § 62-21-118(b) , § 62-21-129 or any other law to the contrary, the commissioner shall enter into an agreement with any municipal and/or county government, within any county having a population in excess of two hundred fifty thousand (250,000), according to the 1990 federal census or any subsequent federal census, that requests authority to implement the enforcement provisions of this chapter, its equivalent or any part thereof, in its respective area of jurisdiction; provided, that each of the following conditions are met: (1) The local government program standards are not less stringent than those of state law and regulations; (2) The local government will adequately implement and enforce the program in the respective area of jurisdiction; and (3) Upon execution of the agreement, the local government will be the sole entity responsible for implementation and enforcement of the local government program standards adopted.
(1) The local government program standards are not less stringent than those of state law and regulations;
(2) The local government will adequately implement and enforce the program in the respective area of jurisdiction; and
(3) Upon execution of the agreement, the local government will be the sole entity responsible for implementation and enforcement of the local government program standards adopted.
(b) As used in subsection (a), "respective area of jurisdiction" means: (1) In the case of a municipal government that enters into an agreement pursuant to subsection (a), the area lying within the corporate boundaries of the municipality; and (2) In the case of a county government that enters into an agreement pursuant to subsection (a), the area lying within the boundaries of the county excluding that portion located within the corporate boundaries of a municipal government that has entered, or that subsequently enters, into an agreement pursuant to subsection (a).
(1) In the case of a municipal government that enters into an agreement pursuant to subsection (a), the area lying within the corporate boundaries of the municipality; and
(2) In the case of a county government that enters into an agreement pursuant to subsection (a), the area lying within the boundaries of the county excluding that portion located within the corporate boundaries of a municipal government that has entered, or that subsequently enters, into an agreement pursuant to subsection (a).
(c) The commissioner shall retain the right to exercise oversight and evaluation of performance of local government and may terminate the agreement if, after an administrative hearing pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, it is found that the local program does not meet the state standards.
(d) Local governments that enter into an agreement pursuant to subsection (a) have the authority through their local legislative bodies to enact fees to provide for the administrative, regulatory and enforcement costs of the program.
Acts 1992, ch. 667, § 4.
Tenn. Code Ann. § 43-38-1024 — TN Code / Title 43 / Chapter 38 / Section 43-38-1024
Liquidation
Status: in_force

(a) A cooperative shall be dissolved as provided in the articles in a manner consistent with other business entities organized in this state, or if not provided, may be dissolved in the same manner as a limited liability company organized in this state; or the members may authorize a liquidation by adopting a resolution at a members' meeting. The liquidation may occur with or without a vote of dissolution. The notice of the members' meeting shall include a statement that the disposition of all or substantially all of the assets of the cooperative will be considered at the meeting. If a quorum is present in person, by mail ballot, or alternative method approved by the board at the members' meeting, the resolution approving of the liquidation is adopted if: (1) Approved by two thirds (2/3) of the votes cast; or (2) For a cooperative with articles or bylaws requiring more than two thirds (2/3) for approval and other conditions for approval, the resolution is approved by the proportion of the votes cast or a number of total members as required by the articles or bylaws and the conditions for approval in the articles or bylaws have been satisfied. (b) The board of directors by resolution may liquidate a cooperative, if the board obtains an opinion of a certified public accountant that the cooperative is unlikely to continue as a business based on its current finances. Acts 2004, ch. 534, § 32.
(a) A cooperative shall be dissolved as provided in the articles in a manner consistent with other business entities organized in this state, or if not provided, may be dissolved in the same manner as a limited liability company organized in this state; or the members may authorize a liquidation by adopting a resolution at a members' meeting. The liquidation may occur with or without a vote of dissolution. The notice of the members' meeting shall include a statement that the disposition of all or substantially all of the assets of the cooperative will be considered at the meeting. If a quorum is present in person, by mail ballot, or alternative method approved by the board at the members' meeting, the resolution approving of the liquidation is adopted if: (1) Approved by two thirds (2/3) of the votes cast; or (2) For a cooperative with articles or bylaws requiring more than two thirds (2/3) for approval and other conditions for approval, the resolution is approved by the proportion of the votes cast or a number of total members as required by the articles or bylaws and the conditions for approval in the articles or bylaws have been satisfied.
(1) Approved by two thirds (2/3) of the votes cast; or
(2) For a cooperative with articles or bylaws requiring more than two thirds (2/3) for approval and other conditions for approval, the resolution is approved by the proportion of the votes cast or a number of total members as required by the articles or bylaws and the conditions for approval in the articles or bylaws have been satisfied.
(b) The board of directors by resolution may liquidate a cooperative, if the board obtains an opinion of a certified public accountant that the cooperative is unlikely to continue as a business based on its current finances.
Acts 2004, ch. 534, § 32.
Tenn. Code Ann. § 43-38-104 — TN Code / Title 43 / Chapter 38 / Section 43-38-104
Notice
Status: in_force

(a) Notice under this chapter shall be in writing, except that oral notice is effective if it is reasonable under the circumstances and not prohibited by the articles or bylaws. (b) Notice may be communicated in person, by telephone, telegraph, teletype, or other form of wire or wireless communication, or by mail or private carrier. If these forms of personal notice are impracticable, notice may be communicated by a newspaper of general circulation in the area where published, or by radio, television, or other form of public broadcast communication. (c) Written notice by a domestic cooperative to its members, if in a comprehensible form, is effective when mailed, if mailed postpaid and correctly addressed to the member's address shown in the cooperative's current record of members. (d) Written notice to a domestic cooperative may be addressed to its registered agent at its registered office or to the cooperative or its secretary at its principal office shown in its most recent annual report. (e) Except as provided in subsection (c), written notice, if in a comprehensible form, is effective at the earliest of the following: (1) When received; (2) Five (5) days after its deposit in the United States mail, if mailed correctly addressed and with first class postage affixed; (3) On the date shown on the return receipt, if sent by registered or certified mail, return receipt requested, and the receipt is signed by or on behalf of the addressee; or (4) Twenty (20) days after its deposit in the United States mail, as evidenced by the postmark if mailed correctly addressed, and with other than first class, registered or certified postage affixed. (f) Oral notice is effective when communicated if communicated in a comprehensible manner. (g) If this chapter prescribes notice requirements for particular circumstances, those requirements govern. If the articles or bylaws prescribe notice requirements not inconsistent with this section or other provisions of this chapter, those requirements govern. Acts 2004, ch. 534, § 3.
(a) Notice under this chapter shall be in writing, except that oral notice is effective if it is reasonable under the circumstances and not prohibited by the articles or bylaws.
(b) Notice may be communicated in person, by telephone, telegraph, teletype, or other form of wire or wireless communication, or by mail or private carrier. If these forms of personal notice are impracticable, notice may be communicated by a newspaper of general circulation in the area where published, or by radio, television, or other form of public broadcast communication.
(c) Written notice by a domestic cooperative to its members, if in a comprehensible form, is effective when mailed, if mailed postpaid and correctly addressed to the member's address shown in the cooperative's current record of members.
(d) Written notice to a domestic cooperative may be addressed to its registered agent at its registered office or to the cooperative or its secretary at its principal office shown in its most recent annual report.
(e) Except as provided in subsection (c), written notice, if in a comprehensible form, is effective at the earliest of the following: (1) When received; (2) Five (5) days after its deposit in the United States mail, if mailed correctly addressed and with first class postage affixed; (3) On the date shown on the return receipt, if sent by registered or certified mail, return receipt requested, and the receipt is signed by or on behalf of the addressee; or (4) Twenty (20) days after its deposit in the United States mail, as evidenced by the postmark if mailed correctly addressed, and with other than first class, registered or certified postage affixed.
(1) When received;
(2) Five (5) days after its deposit in the United States mail, if mailed correctly addressed and with first class postage affixed;
(3) On the date shown on the return receipt, if sent by registered or certified mail, return receipt requested, and the receipt is signed by or on behalf of the addressee; or
(4) Twenty (20) days after its deposit in the United States mail, as evidenced by the postmark if mailed correctly addressed, and with other than first class, registered or certified postage affixed.
(f) Oral notice is effective when communicated if communicated in a comprehensible manner.
(g) If this chapter prescribes notice requirements for particular circumstances, those requirements govern. If the articles or bylaws prescribe notice requirements not inconsistent with this section or other provisions of this chapter, those requirements govern.
Acts 2004, ch. 534, § 3.
Tenn. Code Ann. § 43-18-107 — TN Code / Title 43 / Chapter 18 / Section 43-18-107
Packages for domestic or surgical use exempt
Status: in_force

Sections 43-18-105 and 43-18-106 do not apply to the buying and selling of specially prepared packages of cotton, handled and sold by druggists and merchants for domestic and surgical use and purposes. Acts 1917, ch. 88, § 4; Shan., § 6800a12; Code 1932, § 11271; T.C.A. (orig. ed.), § 43-2007.
Sections 43-18-105 and 43-18-106 do not apply to the buying and selling of specially prepared packages of cotton, handled and sold by druggists and merchants for domestic and surgical use and purposes.
Acts 1917, ch. 88, § 4; Shan., § 6800a12; Code 1932, § 11271; T.C.A. (orig. ed.), § 43-2007.
Tenn. Code Ann. § 43-16-129 — TN Code / Title 43 / Chapter 16 / Section 43-16-129
Purchase of its common stock by association
Status: in_force

The association may, at any time, as specified in the bylaws, except when the debts of the association exceed fifty percent (50%) of the assets of the association, buy in or purchase its common stock at the book value of the common stock, as conclusively determined by the board of directors, and pay for it in cash within one (1) year after the purchase. Acts 1923, ch. 100, § 15; Shan. Supp., § 2534a54; Code 1932, §3812; T.C.A. (orig. ed.), § 43-1830.
The association may, at any time, as specified in the bylaws, except when the debts of the association exceed fifty percent (50%) of the assets of the association, buy in or purchase its common stock at the book value of the common stock, as conclusively determined by the board of directors, and pay for it in cash within one (1) year after the purchase.
Acts 1923, ch. 100, § 15; Shan. Supp., § 2534a54; Code 1932, §3812; T.C.A. (orig. ed.), § 43-1830.
Tenn. Code Ann. § 43-24-102 — TN Code / Title 43 / Chapter 24 / Section 43-24-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Community garden" means a piece of real property, either on vacant public land or on private land, cultivated by residents of a neighborhood or community, or members of a homeowners or condominium owners association for the purpose of providing the following for the use of residents of the neighborhood or community, or members of the homeowners or condominium owners association: (A) Vegetables, nuts, herbs, fruit, or flowers, whether by means of cultivating annual, biennial or perennial plants, or trees; and (B) Honey and honey byproducts, through the placement and use of beehives; (2) "Grand-mentoring" means collaborative projects between persons sixty (60) years of age or older and students in kindergarten through twelfth (K-12) grade; (3) "Local government" means any municipality, county or metropolitan government; (4) "Use" means, when applied to gardening and beekeeping, to make use of, without conveyance of title or any other ownership; and (5) "Vacant public land" means land owned by a local government that is not in use for public purposes, and includes property controlled by a parks and recreation department or similar entity that is not currently being used as park land. Amended by 2022 Tenn. Acts, ch. 765, s 1, eff. 3/31/2022. Amended by 2017 Tenn. Acts, ch. 35, Secs.s 1, s 2eff. 3/30/2017. Amended by 2014 Tenn. Acts, ch. 556, s 1, eff. 3/21/2014. Amended by 2013 Tenn. Acts, ch. 3, s 1, eff. 3/7/2013. Acts 1977, ch. 409, § 1; T.C.A., §43-3102; Acts 2009 , ch. 66, § 2; 2011 , ch. 330, §§ 1, 2.
As used in this chapter, unless the context otherwise requires:
(1) "Community garden" means a piece of real property, either on vacant public land or on private land, cultivated by residents of a neighborhood or community, or members of a homeowners or condominium owners association for the purpose of providing the following for the use of residents of the neighborhood or community, or members of the homeowners or condominium owners association: (A) Vegetables, nuts, herbs, fruit, or flowers, whether by means of cultivating annual, biennial or perennial plants, or trees; and (B) Honey and honey byproducts, through the placement and use of beehives;
(A) Vegetables, nuts, herbs, fruit, or flowers, whether by means of cultivating annual, biennial or perennial plants, or trees; and
(B) Honey and honey byproducts, through the placement and use of beehives;
(2) "Grand-mentoring" means collaborative projects between persons sixty (60) years of age or older and students in kindergarten through twelfth (K-12) grade;
(3) "Local government" means any municipality, county or metropolitan government;
(4) "Use" means, when applied to gardening and beekeeping, to make use of, without conveyance of title or any other ownership; and
(5) "Vacant public land" means land owned by a local government that is not in use for public purposes, and includes property controlled by a parks and recreation department or similar entity that is not currently being used as park land.
Amended by 2022 Tenn. Acts, ch. 765, s 1, eff. 3/31/2022.
Amended by 2017 Tenn. Acts, ch. 35, Secs.s 1, s 2eff. 3/30/2017.
Amended by 2014 Tenn. Acts, ch. 556, s 1, eff. 3/21/2014.
Amended by 2013 Tenn. Acts, ch. 3, s 1, eff. 3/7/2013.
Acts 1977, ch. 409, § 1; T.C.A., §43-3102; Acts 2009 , ch. 66, § 2; 2011 , ch. 330, §§ 1, 2.
Tenn. Code Ann. § 43-27-204 — TN Code / Title 43 / Chapter 27 / Section 43-27-204
Maintenance of hemp derived cannabinoids in retail establishments - Violations
Status: in_force

(a) As used in this section: (1) "Counter" means the point of purchase at a retail establishment; and (2) "Retail establishment" means a place of business open to the general public for the sale of goods or services and does not include a place of business for which entry is limited to persons twenty-one (21) years of age or older. (b) A product containing a hemp-derived cannabinoid must be maintained behind the counter of a retail establishment in an area inaccessible to a customer. (c) A violation of this section is a Class A misdemeanor. Added by 2023 Tenn. Acts, ch. 423, s 1, eff. 7/1/2023.
(a) As used in this section: (1) "Counter" means the point of purchase at a retail establishment; and (2) "Retail establishment" means a place of business open to the general public for the sale of goods or services and does not include a place of business for which entry is limited to persons twenty-one (21) years of age or older.
(1) "Counter" means the point of purchase at a retail establishment; and
(2) "Retail establishment" means a place of business open to the general public for the sale of goods or services and does not include a place of business for which entry is limited to persons twenty-one (21) years of age or older.
(b) A product containing a hemp-derived cannabinoid must be maintained behind the counter of a retail establishment in an area inaccessible to a customer.
(c) A violation of this section is a Class A misdemeanor.
Added by 2023 Tenn. Acts, ch. 423, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 43-28-306 — TN Code / Title 43 / Chapter 28 / Section 43-28-306
Fraudulently placing brand on another's timber - Penalty
Status: in_force

A person who fraudulently places any brand on timber not belonging to that person, commits a Class C misdemeanor. Acts 1901, ch. 54, § 5; Shan., § 3608a82; Code 1932, § 6775; T.C.A. (orig. ed.), § 68-306; Acts 1989, ch. 591, § 113.
A person who fraudulently places any brand on timber not belonging to that person, commits a Class C misdemeanor.
Acts 1901, ch. 54, § 5; Shan., § 3608a82; Code 1932, § 6775; T.C.A. (orig. ed.), § 68-306; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 43-16-137 — TN Code / Title 43 / Chapter 16 / Section 43-16-137
Conflicting laws do not apply
Status: in_force

Any law that is in conflict with this chapter shall be construed as not applying to the associations provided for in this chapter. Acts 1923, ch. 100, § 22; Shan. Supp., § 2534a62; Code 1932, §3820; T.C.A. (orig. ed.), § 43-1838.
Any law that is in conflict with this chapter shall be construed as not applying to the associations provided for in this chapter.
Acts 1923, ch. 100, § 22; Shan. Supp., § 2534a62; Code 1932, §3820; T.C.A. (orig. ed.), § 43-1838.
Tenn. Code Ann. § 43-27-101 — TN Code / Title 43 / Chapter 27 / Section 43-27-101
Chapter definitions
Status: in_force

As used in this chapter: (1) "Commissioner" means the commissioner of agriculture; (2) "Department" means the department of agriculture; (3) "Hemp" means the plant cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis; (4) "Hemp concentrate" means a concentrate with a delta-9 tetrahydrocannabinol (THC) concentration of not more than five percent (5%) that is derived from hemp solely for purposes of reconstitution into consumer products with a delta-9 tetrahydrocannabinol (THC) concentration of not more than three-tenths of one percent (0.3%); and (5) "THC" means delta-9 tetrahydrocannabinol. Added by 2019 Tenn. Acts, ch. 87, s 12, eff. 4/4/2019.
As used in this chapter:
(1) "Commissioner" means the commissioner of agriculture;
(2) "Department" means the department of agriculture;
(3) "Hemp" means the plant cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis;
(4) "Hemp concentrate" means a concentrate with a delta-9 tetrahydrocannabinol (THC) concentration of not more than five percent (5%) that is derived from hemp solely for purposes of reconstitution into consumer products with a delta-9 tetrahydrocannabinol (THC) concentration of not more than three-tenths of one percent (0.3%); and
(5) "THC" means delta-9 tetrahydrocannabinol.
Added by 2019 Tenn. Acts, ch. 87, s 12, eff. 4/4/2019.
Tenn. Code Ann. § 43-40-101 — TN Code / Title 43 / Chapter 40 / Section 43-40-101
Short Title
Status: in_force

This chapter shall be known and may be cited as the "Forest Product Fairness Act." Acts 2010, ch. 686, § 1.
This chapter shall be known and may be cited as the "Forest Product Fairness Act."
Acts 2010, ch. 686, § 1.
Tenn. Code Ann. § 43-10-116 — TN Code / Title 43 / Chapter 10 / Section 43-10-116
Violations, hearings, prosecutions, or warnings
Status: in_force

(a) Any person who knowingly, or as a result either of gross negligence or of a failure to make a reasonable effort to be informed of the pertinent facts, violates any provision of this part, or the rules and regulations made and promulgated thereunder, commits a Class C misdemeanor. However, no prosecution under this part shall be instituted without the person first having been given an opportunity to appear before the commissioner or the commissioner's duly authorized agent, to introduce evidence either in person or by agent or attorney at a private hearing. (b) If, after the hearing, or without a hearing in the event the person or the person's agent or attorney fails or refuses to appear, the commissioner is of the opinion that the evidence warrants prosecution, the commissioner shall proceed according to legal procedures in the state, or, if the commissioner believes the public interest will be adequately served by a written notice or warning, the commissioner may direct to the alleged violator a suitable written notice or warning. (c) After judgment by the court in any case arising under this part, the commissioner shall publish any information pertinent to the issuance of the judgment by the court in such media as the commissioner may designate from time to time. Acts 1986, ch. 660, § 17; 1989, ch. 591, § 113.
(a) Any person who knowingly, or as a result either of gross negligence or of a failure to make a reasonable effort to be informed of the pertinent facts, violates any provision of this part, or the rules and regulations made and promulgated thereunder, commits a Class C misdemeanor. However, no prosecution under this part shall be instituted without the person first having been given an opportunity to appear before the commissioner or the commissioner's duly authorized agent, to introduce evidence either in person or by agent or attorney at a private hearing.
(b) If, after the hearing, or without a hearing in the event the person or the person's agent or attorney fails or refuses to appear, the commissioner is of the opinion that the evidence warrants prosecution, the commissioner shall proceed according to legal procedures in the state, or, if the commissioner believes the public interest will be adequately served by a written notice or warning, the commissioner may direct to the alleged violator a suitable written notice or warning.
(c) After judgment by the court in any case arising under this part, the commissioner shall publish any information pertinent to the issuance of the judgment by the court in such media as the commissioner may designate from time to time.
Acts 1986, ch. 660, § 17; 1989, ch. 591, § 113.
Tenn. Code Ann. § 43-1-101 — TN Code / Title 43 / Chapter 1 / Section 43-1-101
Qualifications of commissioner
Status: in_force

The commissioner of agriculture, who is in control of the department of agriculture, shall be a practical farmer, actively identified with the agricultural interests of the state. Acts 1923, ch. 7, § 30; Shan. Supp., § 373a73; Code 1932, §§ 296, 424; modified; T.C.A. (orig. ed.), § 43-102.
The commissioner of agriculture, who is in control of the department of agriculture, shall be a practical farmer, actively identified with the agricultural interests of the state.
Acts 1923, ch. 7, § 30; Shan. Supp., § 373a73; Code 1932, §§ 296, 424; modified; T.C.A. (orig. ed.), § 43-102.
Tenn. Code Ann. § 43-38-204 — TN Code / Title 43 / Chapter 38 / Section 43-38-204
Existence - Duration
Status: in_force

(a) The existence of a cooperative shall begin when the articles are filed with the secretary of state. (b) A cooperative shall have a perpetual duration unless the cooperative provides for a limited period of duration in the articles of organization. Acts 2004, ch. 534, § 5.
(a) The existence of a cooperative shall begin when the articles are filed with the secretary of state.
(b) A cooperative shall have a perpetual duration unless the cooperative provides for a limited period of duration in the articles of organization.
Acts 2004, ch. 534, § 5.
Tenn. Code Ann. § 43-19-212 — TN Code / Title 43 / Chapter 19 / Section 43-19-212
Fraudulent packing or "nesting" a misdemeanor - Penalty
Status: in_force

Any person who fraudulently packs or "nests" a hogshead of tobacco with intent to deceive and obtain by the deception more than its true value commits a Class C misdemeanor. Acts 1870-1871, ch. 65, § 18; Shan., § 3397; Code 1932, § 6496; T.C.A. (orig. ed.), § 43-2121; Acts 1989, ch. 591, § 113.
Any person who fraudulently packs or "nests" a hogshead of tobacco with intent to deceive and obtain by the deception more than its true value commits a Class C misdemeanor.
Acts 1870-1871, ch. 65, § 18; Shan., § 3397; Code 1932, § 6496; T.C.A. (orig. ed.), § 43-2121; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 43-6-306 — TN Code / Title 43 / Chapter 6 / Section 43-6-306
[Repealed]
Status: repealed

Repealed by 2014 Tenn. Acts, ch. 509, s 2, eff. 3/6/2014. Acts 1969, ch. 81, § 6; T.C.A., §§ 43-2806, 43-7-106.
Repealed by 2014 Tenn. Acts, ch. 509, s 2, eff. 3/6/2014.
Acts 1969, ch. 81, § 6; T.C.A., §§ 43-2806, 43-7-106.
Tenn. Code Ann. § 43-38-901 — TN Code / Title 43 / Chapter 38 / Section 43-38-901
Allocation of profits and losses
Status: in_force

(a) The bylaws shall prescribe the allocation of profits and losses between patron membership interests collectively and other membership interests. If the bylaws do not otherwise provide, the profits and losses between patron membership interests collectively and other membership interests shall be allocated on the basis of the value of contributions to capital made by the patron membership interests collectively and other membership interests and accepted by the cooperative. The allocation of profits to the patron membership interests collectively shall not be less than fifteen percent (15%) of the total profits in any fiscal year. (b) The bylaws shall prescribe the distribution of cash or other assets of the cooperative among the membership interests of the cooperative. If not otherwise provided in the bylaws, distribution shall be made to the patron membership interests collectively and other members on the basis of the value of contributions to capital made and accepted by the cooperative by the patron membership interests collectively and other membership interests. The distributions to patron membership interests collectively shall not be less than fifteen percent (15%) of the total distributions in any fiscal year. Acts 2004, ch. 534, § 28.
(a) The bylaws shall prescribe the allocation of profits and losses between patron membership interests collectively and other membership interests. If the bylaws do not otherwise provide, the profits and losses between patron membership interests collectively and other membership interests shall be allocated on the basis of the value of contributions to capital made by the patron membership interests collectively and other membership interests and accepted by the cooperative. The allocation of profits to the patron membership interests collectively shall not be less than fifteen percent (15%) of the total profits in any fiscal year.
(b) The bylaws shall prescribe the distribution of cash or other assets of the cooperative among the membership interests of the cooperative. If not otherwise provided in the bylaws, distribution shall be made to the patron membership interests collectively and other members on the basis of the value of contributions to capital made and accepted by the cooperative by the patron membership interests collectively and other membership interests. The distributions to patron membership interests collectively shall not be less than fifteen percent (15%) of the total distributions in any fiscal year.
Acts 2004, ch. 534, § 28.
Tenn. Code Ann. § 43-29-120 — TN Code / Title 43 / Chapter 29 / Section 43-29-120
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 14, s 2, eff. 3/23/2021. Acts 1985, ch. 188, § 20.
Repealed by 2021 Tenn. Acts, ch. 14, s 2, eff. 3/23/2021.
Acts 1985, ch. 188, § 20.
Tenn. Code Ann. § 43-38-1109 — TN Code / Title 43 / Chapter 38 / Section 43-38-1109
Effective time and date of document
Status: in_force

(a) Except as provided in subsection (b), and in §§ 43-38-202 and 43-38-1104(c) , a document accepted for filing is effective: (1) At the time of filing on the date it is filed by the secretary of state, as evidenced by the office of the secretary of state's date and time endorsement on the original document; and (2) At the time specified in the document as its effective time on the date it is filed. (b) A document may specify a delayed effective time and date, and if it does so, the document becomes effective at the time and date specified. If a delayed effective date but not time is specified, the document is effective at the close of business on that date. A delayed effective date for a document may not be later than the ninetieth day after the date it is filed with the office of the secretary of state. (c) The office of the secretary of state shall not file any articles unless that document designates the registered agent and registered office of such cooperative in accordance with § 43-38-107 . The office of the secretary of state shall not file any other document presented by the cooperative for filing under this chapter, if at the time of filing, the cooperative does not have a registered agent and registered office designated at that time, unless at the time the document is received for filing, the office of the secretary of state also receives for filing a statement designating a registered agent or registered office or both. Acts 2004, ch. 534, § 33.
(a) Except as provided in subsection (b), and in §§ 43-38-202 and 43-38-1104(c) , a document accepted for filing is effective: (1) At the time of filing on the date it is filed by the secretary of state, as evidenced by the office of the secretary of state's date and time endorsement on the original document; and (2) At the time specified in the document as its effective time on the date it is filed.
(1) At the time of filing on the date it is filed by the secretary of state, as evidenced by the office of the secretary of state's date and time endorsement on the original document; and
(2) At the time specified in the document as its effective time on the date it is filed.
(b) A document may specify a delayed effective time and date, and if it does so, the document becomes effective at the time and date specified. If a delayed effective date but not time is specified, the document is effective at the close of business on that date. A delayed effective date for a document may not be later than the ninetieth day after the date it is filed with the office of the secretary of state.
(c) The office of the secretary of state shall not file any articles unless that document designates the registered agent and registered office of such cooperative in accordance with § 43-38-107 . The office of the secretary of state shall not file any other document presented by the cooperative for filing under this chapter, if at the time of filing, the cooperative does not have a registered agent and registered office designated at that time, unless at the time the document is received for filing, the office of the secretary of state also receives for filing a statement designating a registered agent or registered office or both.
Acts 2004, ch. 534, § 33.
Tenn. Code Ann. § 43-16-119 — TN Code / Title 43 / Chapter 16 / Section 43-16-119
Executive committee and its functions
Status: in_force

The bylaws may provide for an executive committee and may allot to such committee all the functions and powers of the board of directors, subject to the general direction and control of the board. Acts 1923, ch. 100, § 12; Shan. Supp., § 2534a43; Code 1932, §3801; T.C.A. (orig. ed.), § 43-1819.
The bylaws may provide for an executive committee and may allot to such committee all the functions and powers of the board of directors, subject to the general direction and control of the board.
Acts 1923, ch. 100, § 12; Shan. Supp., § 2534a43; Code 1932, §3801; T.C.A. (orig. ed.), § 43-1819.
Tenn. Code Ann. § 43-34-103 — TN Code / Title 43 / Chapter 34 / Section 43-34-103
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Agricultural district" means those properties residing within a contiguous boundary and meeting appropriate criteria for designation as such by the local soil and water conservation district; (2) "Agricultural production" means those operations including associated land and facility management activities engaged in the commercial propagation, raising, harvesting and/or processing of any plant or animal or products thereof for purposes of consumption, utilization, goods, or service either on-site or for distribution; (3) "Board of supervisors" means the governing body of the local soil and water conservation district; (4) "Farmland" means land and associated facilities involved in agricultural production activities; (5) "Ownership" means any individual, family, company, corporation, or organization holding title to property within a proposed or established agricultural district; (6) "Petition" means the application and application process for designation of an agricultural district as submitted to the local soil and water conservation district; (7) "Soil and water conservation district" means that governmental body established by chapter 14, part 2, of this title; and (8) "Tennessee soil and water conservation commission" means that governmental body established by chapter 14, part 2, of this title. Amended by 2021 Tenn. Acts, ch. 203, Secs.s7, s8, s9 eff. 4/22/2021. Acts 1995, ch. 465, § 4.
As used in this chapter, unless the context otherwise requires:
(1) "Agricultural district" means those properties residing within a contiguous boundary and meeting appropriate criteria for designation as such by the local soil and water conservation district;
(2) "Agricultural production" means those operations including associated land and facility management activities engaged in the commercial propagation, raising, harvesting and/or processing of any plant or animal or products thereof for purposes of consumption, utilization, goods, or service either on-site or for distribution;
(3) "Board of supervisors" means the governing body of the local soil and water conservation district;
(4) "Farmland" means land and associated facilities involved in agricultural production activities;
(5) "Ownership" means any individual, family, company, corporation, or organization holding title to property within a proposed or established agricultural district;
(6) "Petition" means the application and application process for designation of an agricultural district as submitted to the local soil and water conservation district;
(7) "Soil and water conservation district" means that governmental body established by chapter 14, part 2, of this title; and
(8) "Tennessee soil and water conservation commission" means that governmental body established by chapter 14, part 2, of this title.
Amended by 2021 Tenn. Acts, ch. 203, Secs.s7, s8, s9 eff. 4/22/2021.
Acts 1995, ch. 465, § 4.
Tenn. Code Ann. § 43-38-802 — TN Code / Title 43 / Chapter 38 / Section 43-38-802
Actions entitling member to dissent
Status: in_force

(a) A member of a cooperative is entitled to dissent from and obtain payment of the fair value, as determined under § 43-38-807 , of the member's membership interests in the event of any of the following cooperative actions: (1) Consummation of a plan or merger to which the cooperative is a party; (2) Consummation of a sale, lease, transfer, or other disposition of all or substantially all of the property and assets of the cooperative not made in the usual or regular course of the cooperative's business, but not including a disposition in dissolution described in § 43-38-1009(b) , or a disposition pursuant to an order of a court, or a disposition for cash on terms requiring that all or substantially all of the net proceeds of disposition be distributed to the members in accordance with their respective membership interests within one (1) year after the date of disposition; (3) Except as provided in the articles or bylaws in effect when the person becomes a member or placed in the agreement without the opposing vote of the member, an amendment of the articles or bylaws that materially and adversely affects the rights or preferences of the membership interests of the dissenting member because it: (A) Alters or abolishes a preferential right of the membership interests; (B) Alters or abolishes a preemptive right of the owner of the membership interests to make a contribution; (C) Excludes or limits the right of a member to vote on a matter, or to cumulate votes, except as the right may be excluded or limited through the acceptance of contributions or the marking of contribution agreements pertaining to membership interests with similar or different voting rights; or (D) Establishes or changes the conditions for or consequences of expulsion; (4) An amendment to the articles or bylaws that materially and adversely affects the rights or preferences of the membership interests of the dissenting member because it: (A) Changes a member's right to resign or retire; or (B) Alters or abolishes a right in respect of the remedies of the membership interests, including a provision respecting a sinking fund for the redemption or repurchase of membership interests; and (5) Any other cooperative action taken pursuant to a member vote to the extent the articles, the bylaws, or a resolution approved by the members provides that dissenting members are entitled to dissent and obtain payment for their membership interests. (b) A member entitled to dissent and obtain payment for the member's membership interest under this part may not challenge the cooperative action creating the member's entitlement unless the action is unlawful or fraudulent with respect to the member or the cooperative. Acts 2004, ch. 534, § 27.
(a) A member of a cooperative is entitled to dissent from and obtain payment of the fair value, as determined under § 43-38-807 , of the member's membership interests in the event of any of the following cooperative actions: (1) Consummation of a plan or merger to which the cooperative is a party; (2) Consummation of a sale, lease, transfer, or other disposition of all or substantially all of the property and assets of the cooperative not made in the usual or regular course of the cooperative's business, but not including a disposition in dissolution described in § 43-38-1009(b) , or a disposition pursuant to an order of a court, or a disposition for cash on terms requiring that all or substantially all of the net proceeds of disposition be distributed to the members in accordance with their respective membership interests within one (1) year after the date of disposition; (3) Except as provided in the articles or bylaws in effect when the person becomes a member or placed in the agreement without the opposing vote of the member, an amendment of the articles or bylaws that materially and adversely affects the rights or preferences of the membership interests of the dissenting member because it: (A) Alters or abolishes a preferential right of the membership interests; (B) Alters or abolishes a preemptive right of the owner of the membership interests to make a contribution; (C) Excludes or limits the right of a member to vote on a matter, or to cumulate votes, except as the right may be excluded or limited through the acceptance of contributions or the marking of contribution agreements pertaining to membership interests with similar or different voting rights; or (D) Establishes or changes the conditions for or consequences of expulsion; (4) An amendment to the articles or bylaws that materially and adversely affects the rights or preferences of the membership interests of the dissenting member because it: (A) Changes a member's right to resign or retire; or (B) Alters or abolishes a right in respect of the remedies of the membership interests, including a provision respecting a sinking fund for the redemption or repurchase of membership interests; and (5) Any other cooperative action taken pursuant to a member vote to the extent the articles, the bylaws, or a resolution approved by the members provides that dissenting members are entitled to dissent and obtain payment for their membership interests.
(1) Consummation of a plan or merger to which the cooperative is a party;
(2) Consummation of a sale, lease, transfer, or other disposition of all or substantially all of the property and assets of the cooperative not made in the usual or regular course of the cooperative's business, but not including a disposition in dissolution described in § 43-38-1009(b) , or a disposition pursuant to an order of a court, or a disposition for cash on terms requiring that all or substantially all of the net proceeds of disposition be distributed to the members in accordance with their respective membership interests within one (1) year after the date of disposition;
(3) Except as provided in the articles or bylaws in effect when the person becomes a member or placed in the agreement without the opposing vote of the member, an amendment of the articles or bylaws that materially and adversely affects the rights or preferences of the membership interests of the dissenting member because it: (A) Alters or abolishes a preferential right of the membership interests; (B) Alters or abolishes a preemptive right of the owner of the membership interests to make a contribution; (C) Excludes or limits the right of a member to vote on a matter, or to cumulate votes, except as the right may be excluded or limited through the acceptance of contributions or the marking of contribution agreements pertaining to membership interests with similar or different voting rights; or (D) Establishes or changes the conditions for or consequences of expulsion;
(A) Alters or abolishes a preferential right of the membership interests;
(B) Alters or abolishes a preemptive right of the owner of the membership interests to make a contribution;
(C) Excludes or limits the right of a member to vote on a matter, or to cumulate votes, except as the right may be excluded or limited through the acceptance of contributions or the marking of contribution agreements pertaining to membership interests with similar or different voting rights; or
(D) Establishes or changes the conditions for or consequences of expulsion;
(4) An amendment to the articles or bylaws that materially and adversely affects the rights or preferences of the membership interests of the dissenting member because it: (A) Changes a member's right to resign or retire; or (B) Alters or abolishes a right in respect of the remedies of the membership interests, including a provision respecting a sinking fund for the redemption or repurchase of membership interests; and
(A) Changes a member's right to resign or retire; or
(B) Alters or abolishes a right in respect of the remedies of the membership interests, including a provision respecting a sinking fund for the redemption or repurchase of membership interests; and
(5) Any other cooperative action taken pursuant to a member vote to the extent the articles, the bylaws, or a resolution approved by the members provides that dissenting members are entitled to dissent and obtain payment for their membership interests.
(b) A member entitled to dissent and obtain payment for the member's membership interest under this part may not challenge the cooperative action creating the member's entitlement unless the action is unlawful or fraudulent with respect to the member or the cooperative.
Acts 2004, ch. 534, § 27.
Tenn. Code Ann. § 43-6-407 — TN Code / Title 43 / Chapter 6 / Section 43-6-407
Elimination zones - Designation - Rules - Penalties
Status: in_force

The commissioner may designate by rule one (1) or more areas of this state as "elimination zones" where boll weevil eradication programs will be undertaken. The commissioner may promulgate reasonable rules regarding areas where cotton cannot be planted within an elimination zone when there is reason to believe it will jeopardize the success of the program or present a hazard to public health or safety. The commissioner may issue rules prohibiting the planting of noncommercial cotton in elimination zones, and requiring that all growers of commercial cotton in the elimination zones participate in a program of boll weevil eradication, including cost sharing as prescribed in the rules. Notice of the prohibition and requirement shall be given by publication for one (1) day each week for three (3) successive weeks in a newspaper having general circulation in the affected area. The commissioner may set by rule a reasonable schedule of penalty fees to be assessed when growers in designated "elimination zones" do not meet the requirements of rules issued by the commissioner with respect to reporting of acreage and participation in cost sharing as prescribed by rule. Such penalty fee shall not exceed a charge of fifty dollars ($50.00) per acre. When a grower fails to meet the requirements of rules promulgated by the commissioner, the commissioner is authorized in elimination zones to destroy cotton not in compliance with the rules. Costs incurred by the commissioner may be assessed against the grower. Acts 1989, ch. 350, § 7.
The commissioner may designate by rule one (1) or more areas of this state as "elimination zones" where boll weevil eradication programs will be undertaken. The commissioner may promulgate reasonable rules regarding areas where cotton cannot be planted within an elimination zone when there is reason to believe it will jeopardize the success of the program or present a hazard to public health or safety. The commissioner may issue rules prohibiting the planting of noncommercial cotton in elimination zones, and requiring that all growers of commercial cotton in the elimination zones participate in a program of boll weevil eradication, including cost sharing as prescribed in the rules. Notice of the prohibition and requirement shall be given by publication for one (1) day each week for three (3) successive weeks in a newspaper having general circulation in the affected area. The commissioner may set by rule a reasonable schedule of penalty fees to be assessed when growers in designated "elimination zones" do not meet the requirements of rules issued by the commissioner with respect to reporting of acreage and participation in cost sharing as prescribed by rule. Such penalty fee shall not exceed a charge of fifty dollars ($50.00) per acre. When a grower fails to meet the requirements of rules promulgated by the commissioner, the commissioner is authorized in elimination zones to destroy cotton not in compliance with the rules. Costs incurred by the commissioner may be assessed against the grower.
Acts 1989, ch. 350, § 7.
Tenn. Code Ann. § 43-6-409 — TN Code / Title 43 / Chapter 6 / Section 43-6-409
Elimination zones - Restricted entry and regulations
Status: in_force

(a) The commissioner may promulgate rules restricting entry by persons, and location of honeybee colonies in any premises in an elimination zone that have been or are to be treated with pesticides, or otherwise treated to cause the eradication of the boll weevil, or in any other area that may be affected by such treatments. (b) (1) The commissioner may also adopt such other rules and regulations as the commissioner deems necessary to further effectuate the purposes of this part. (2) All rules under this part shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 1989, ch. 350, §§ 9, 17.
(a) The commissioner may promulgate rules restricting entry by persons, and location of honeybee colonies in any premises in an elimination zone that have been or are to be treated with pesticides, or otherwise treated to cause the eradication of the boll weevil, or in any other area that may be affected by such treatments.
(b) (1) The commissioner may also adopt such other rules and regulations as the commissioner deems necessary to further effectuate the purposes of this part. (2) All rules under this part shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(1) The commissioner may also adopt such other rules and regulations as the commissioner deems necessary to further effectuate the purposes of this part.
(2) All rules under this part shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1989, ch. 350, §§ 9, 17.
Tenn. Code Ann. § 43-38-617 — TN Code / Title 43 / Chapter 38 / Section 43-38-617
Conflict of interest
Status: in_force

(a) A conflict of interest transaction is a transaction with the cooperative in which a director, officer or non-director member of a special litigation committee of the cooperative has a direct or indirect interest. A conflict of interest transaction is not voidable by the cooperative solely because of the director's or officer's interest in the transaction if any one (1) of the following is true: (1) The material facts of the transaction and the director's or officer's interest were disclosed or known to the board of directors or a committee of the board of directors and the board of directors or committee authorized, approved, or ratified the transaction; (2) The material facts of the transaction and director's or officer's interest were disclosed or known to the members entitled to vote and they authorized, approved, or ratified the transaction; (3) The transaction was fair to the cooperative; (4) The transaction was of a nature in which the conflict of interest is waived by the articles or bylaws. The waiver shall be upheld unless manifestly unreasonable under the circumstances. (b) For purposes of this section, a director or officer of the cooperative has an indirect interest in a transaction, if, but not only if: (1) Another entity in which the director or officer has material financial indirect interest or in which the director or officer is a general partner is party to the transaction; or (2) Another entity of which the director or officer is a governor, director, manager, officer or trustee is a party to the transaction and the transaction is or should be considered by the board of directors of the cooperative. (c) For purposes of subdivision (a)(1), a conflict of interest transaction is authorized, approved, or ratified, if it receives the affirmative vote of a majority of the directors on the board of directors, or on the committee, who have no direct or indirect interest in the transaction, but a transaction may not be authorized, approved, or ratified under this section by a single director. If a majority of the directors who have no direct or indirect interest in the transaction vote to authorize, approve, or ratify the transaction, a quorum must be present for the purpose of taking action under this section. The presence of, or a vote cast by, a director with a direct or indirect interest in the transaction does not affect the validity of any action taken under subdivision (a)(1), if the transaction is otherwise authorized, approved, or ratified as provided in subdivision (a)(1). (d) For purposes of subdivision (a)(2), a conflict of interest transaction is authorized, approved, or ratified if it receives the vote of a majority of the membership interests entitled to be counted under this subsection (d). Membership interests owned by or voted under the control of a director or officer who has a direct or indirect interest in the transaction, and membership interests owned by or voted under the control of an entity described in subdivision (b)(1), may not be counted in a vote of members to determine whether to authorize, approve or ratify a conflict of interest transaction under subdivision (a)(2). The vote of those membership interests, however, shall be counted in determining whether the transaction is approved under other provisions of this chapter. A majority of the membership interests, whether or not present, that are entitled to be counted in a vote on the transaction under this subsection (d) constitutes a quorum for the purpose of taking action under this section. Acts 2004, ch. 534, § 25.
(a) A conflict of interest transaction is a transaction with the cooperative in which a director, officer or non-director member of a special litigation committee of the cooperative has a direct or indirect interest. A conflict of interest transaction is not voidable by the cooperative solely because of the director's or officer's interest in the transaction if any one (1) of the following is true: (1) The material facts of the transaction and the director's or officer's interest were disclosed or known to the board of directors or a committee of the board of directors and the board of directors or committee authorized, approved, or ratified the transaction; (2) The material facts of the transaction and director's or officer's interest were disclosed or known to the members entitled to vote and they authorized, approved, or ratified the transaction; (3) The transaction was fair to the cooperative; (4) The transaction was of a nature in which the conflict of interest is waived by the articles or bylaws. The waiver shall be upheld unless manifestly unreasonable under the circumstances.
(1) The material facts of the transaction and the director's or officer's interest were disclosed or known to the board of directors or a committee of the board of directors and the board of directors or committee authorized, approved, or ratified the transaction;
(2) The material facts of the transaction and director's or officer's interest were disclosed or known to the members entitled to vote and they authorized, approved, or ratified the transaction;
(3) The transaction was fair to the cooperative;
(4) The transaction was of a nature in which the conflict of interest is waived by the articles or bylaws. The waiver shall be upheld unless manifestly unreasonable under the circumstances.
(b) For purposes of this section, a director or officer of the cooperative has an indirect interest in a transaction, if, but not only if: (1) Another entity in which the director or officer has material financial indirect interest or in which the director or officer is a general partner is party to the transaction; or (2) Another entity of which the director or officer is a governor, director, manager, officer or trustee is a party to the transaction and the transaction is or should be considered by the board of directors of the cooperative.
(1) Another entity in which the director or officer has material financial indirect interest or in which the director or officer is a general partner is party to the transaction; or
(2) Another entity of which the director or officer is a governor, director, manager, officer or trustee is a party to the transaction and the transaction is or should be considered by the board of directors of the cooperative.
(c) For purposes of subdivision (a)(1), a conflict of interest transaction is authorized, approved, or ratified, if it receives the affirmative vote of a majority of the directors on the board of directors, or on the committee, who have no direct or indirect interest in the transaction, but a transaction may not be authorized, approved, or ratified under this section by a single director. If a majority of the directors who have no direct or indirect interest in the transaction vote to authorize, approve, or ratify the transaction, a quorum must be present for the purpose of taking action under this section. The presence of, or a vote cast by, a director with a direct or indirect interest in the transaction does not affect the validity of any action taken under subdivision (a)(1), if the transaction is otherwise authorized, approved, or ratified as provided in subdivision (a)(1).
(d) For purposes of subdivision (a)(2), a conflict of interest transaction is authorized, approved, or ratified if it receives the vote of a majority of the membership interests entitled to be counted under this subsection (d). Membership interests owned by or voted under the control of a director or officer who has a direct or indirect interest in the transaction, and membership interests owned by or voted under the control of an entity described in subdivision (b)(1), may not be counted in a vote of members to determine whether to authorize, approve or ratify a conflict of interest transaction under subdivision (a)(2). The vote of those membership interests, however, shall be counted in determining whether the transaction is approved under other provisions of this chapter. A majority of the membership interests, whether or not present, that are entitled to be counted in a vote on the transaction under this subsection (d) constitutes a quorum for the purpose of taking action under this section.
Acts 2004, ch. 534, § 25.
Tenn. Code Ann. § 43-35-107 — TN Code / Title 43 / Chapter 35 / Section 43-35-107
Rules and regulations
Status: in_force

The commissioner of agriculture is authorized to promulgate such rules and regulations, in accordance with the Uniform Administrative Procedures Act, compiled at title 4, chapter 5, as are necessary to carry out the purposes of this part and the southern dairy compact. Acts 1998, ch. 749, § 8.
The commissioner of agriculture is authorized to promulgate such rules and regulations, in accordance with the Uniform Administrative Procedures Act, compiled at title 4, chapter 5, as are necessary to carry out the purposes of this part and the southern dairy compact.
Acts 1998, ch. 749, § 8.
Tenn. Code Ann. § 43-10-117 — TN Code / Title 43 / Chapter 10 / Section 43-10-117
Injunction
Status: in_force

When, in the performance of official duties, the commissioner applies to any court for a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this part or any rules and regulations under this part, the injunction is to be issued without bond. Acts 1986, ch. 660, § 18.
When, in the performance of official duties, the commissioner applies to any court for a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this part or any rules and regulations under this part, the injunction is to be issued without bond.
Acts 1986, ch. 660, § 18.
Tenn. Code Ann. § 43-38-1007 — TN Code / Title 43 / Chapter 38 / Section 43-38-1007
Articles of termination following administrative dissolution
Status: in_force

(a) When a cooperative that has been administratively dissolved wishes to terminate its existence, it may do so without first being reinstated, by delivering to the secretary of state for filing articles of termination following administrative dissolution setting forth: (1) The name of the cooperative; (2) The date that termination of cooperative existence was authorized; (3) That the resolution authorizing termination was duly adopted by the members; (4) A copy of the resolution or the written consent authorizing the termination; and (5) A statement that all the assets of the cooperative have been distributed to its creditors and members. (b) If the secretary of state finds that the articles of termination following administrative dissolution comply with the requirements of subsection (a), the secretary of state shall file the articles of termination following administrative dissolution. Upon this filing, the existence of the cooperative shall cease, except that the termination of cooperative existence shall not take away or impair any remedy to or against the cooperative or its members, directors or officers for any right or claim existing or any liability incurred, prior to the termination. Any such action or proceeding by or against the cooperative may be prosecuted or defended by the cooperative in its cooperative name. The members, directors or officers shall have the power to take such cooperative or other action as may be appropriate to protect the remedy, right or claim. (c) Sections 43-38-1003 - 43-38-1007 shall apply to the administrative dissolution of any domestic cooperative. Acts 2004, ch. 534, § 32.
(a) When a cooperative that has been administratively dissolved wishes to terminate its existence, it may do so without first being reinstated, by delivering to the secretary of state for filing articles of termination following administrative dissolution setting forth: (1) The name of the cooperative; (2) The date that termination of cooperative existence was authorized; (3) That the resolution authorizing termination was duly adopted by the members; (4) A copy of the resolution or the written consent authorizing the termination; and (5) A statement that all the assets of the cooperative have been distributed to its creditors and members.
(1) The name of the cooperative;
(2) The date that termination of cooperative existence was authorized;
(3) That the resolution authorizing termination was duly adopted by the members;
(4) A copy of the resolution or the written consent authorizing the termination; and
(5) A statement that all the assets of the cooperative have been distributed to its creditors and members.
(b) If the secretary of state finds that the articles of termination following administrative dissolution comply with the requirements of subsection (a), the secretary of state shall file the articles of termination following administrative dissolution. Upon this filing, the existence of the cooperative shall cease, except that the termination of cooperative existence shall not take away or impair any remedy to or against the cooperative or its members, directors or officers for any right or claim existing or any liability incurred, prior to the termination. Any such action or proceeding by or against the cooperative may be prosecuted or defended by the cooperative in its cooperative name. The members, directors or officers shall have the power to take such cooperative or other action as may be appropriate to protect the remedy, right or claim.
(c) Sections 43-38-1003 - 43-38-1007 shall apply to the administrative dissolution of any domestic cooperative.
Acts 2004, ch. 534, § 32.
Tenn. Code Ann. § 43-35-108 — TN Code / Title 43 / Chapter 35 / Section 43-35-108
Copies of commission bylaws
Status: in_force

Pursuant to article VI, section 5, copies of the commission's bylaws and amendments thereto shall be filed with the commissioner of agriculture. Acts 1998, ch. 749, § 9.
Pursuant to article VI, section 5, copies of the commission's bylaws and amendments thereto shall be filed with the commissioner of agriculture.
Acts 1998, ch. 749, § 9.
Tenn. Code Ann. § 43-27-208 — TN Code / Title 43 / Chapter 27 / Section 43-27-208
Transportation of hemp-derived cannabinoid products - Required documentation - Exceptions
Status: in_force

(a) Except as provided in subsection (b), a person transporting products containing a hemp-derived cannabinoid into, within, or through this state shall carry: (1) Documentation sufficient to prove that the products being shipped or transported: (A) Were produced from hemp that was lawfully produced under a state or tribal hemp plan approved by the United States department of agriculture, under a hemp license issued by the United States department of agriculture, or otherwise in accordance with federal regulations through the state or territory of the Indian tribe, as applicable; and (B) Do not exceed the cannabinoid limits for hemp-derived cannabinoids; and (2) A bill of lading that includes: (A) Name and address of the owner of the products; (B) Point of origin; (C) Point of delivery, including name and address; (D) Kind and quantity of packages or, if in bulk, the total quantity of products in the shipment; and (E) Date of shipment. (b) Subsection (a) does not apply to a person in possession of products containing a hemp-derived cannabinoid that were purchased from a retailer that is licensed under this part. Added by 2023 Tenn. Acts, ch. 423, s 1, eff. 7/1/2024.
(a) Except as provided in subsection (b), a person transporting products containing a hemp-derived cannabinoid into, within, or through this state shall carry: (1) Documentation sufficient to prove that the products being shipped or transported: (A) Were produced from hemp that was lawfully produced under a state or tribal hemp plan approved by the United States department of agriculture, under a hemp license issued by the United States department of agriculture, or otherwise in accordance with federal regulations through the state or territory of the Indian tribe, as applicable; and (B) Do not exceed the cannabinoid limits for hemp-derived cannabinoids; and (2) A bill of lading that includes: (A) Name and address of the owner of the products; (B) Point of origin; (C) Point of delivery, including name and address; (D) Kind and quantity of packages or, if in bulk, the total quantity of products in the shipment; and (E) Date of shipment.
(1) Documentation sufficient to prove that the products being shipped or transported: (A) Were produced from hemp that was lawfully produced under a state or tribal hemp plan approved by the United States department of agriculture, under a hemp license issued by the United States department of agriculture, or otherwise in accordance with federal regulations through the state or territory of the Indian tribe, as applicable; and (B) Do not exceed the cannabinoid limits for hemp-derived cannabinoids; and
(A) Were produced from hemp that was lawfully produced under a state or tribal hemp plan approved by the United States department of agriculture, under a hemp license issued by the United States department of agriculture, or otherwise in accordance with federal regulations through the state or territory of the Indian tribe, as applicable; and
(B) Do not exceed the cannabinoid limits for hemp-derived cannabinoids; and
(2) A bill of lading that includes: (A) Name and address of the owner of the products; (B) Point of origin; (C) Point of delivery, including name and address; (D) Kind and quantity of packages or, if in bulk, the total quantity of products in the shipment; and (E) Date of shipment.
(A) Name and address of the owner of the products;
(B) Point of origin;
(C) Point of delivery, including name and address;
(D) Kind and quantity of packages or, if in bulk, the total quantity of products in the shipment; and
(E) Date of shipment.
(b) Subsection (a) does not apply to a person in possession of products containing a hemp-derived cannabinoid that were purchased from a retailer that is licensed under this part.
Added by 2023 Tenn. Acts, ch. 423, s 1, eff. 7/1/2024.
Tenn. Code Ann. § 43-29-118 — TN Code / Title 43 / Chapter 29 / Section 43-29-118
Beef promotion board
Status: in_force

(a) The Tennessee beef promotion board shall be composed of twelve (12) members, to be appointed by the commissioner as provided in this section. (b) All twelve (12) members of the board shall be producers of beef animals or representatives of the beef industry in the state. The members of the Tennessee beef promotion board shall be the members of the board of directors of the Tennessee beef industry council, certified under 7 CFR 1260.315 . Vacancies that occur shall be filled by the commissioner from individuals nominated by the organizations that are represented on the board of directors of the Tennessee beef industry council and in the same representation ratios. (c) The commissioner or the commissioner's designee shall be an ex officio nonvoting member of the board. Acts 1985, ch. 188, § 18; 2012, ch. 1049, § 3.
(a) The Tennessee beef promotion board shall be composed of twelve (12) members, to be appointed by the commissioner as provided in this section.
(b) All twelve (12) members of the board shall be producers of beef animals or representatives of the beef industry in the state. The members of the Tennessee beef promotion board shall be the members of the board of directors of the Tennessee beef industry council, certified under 7 CFR 1260.315 . Vacancies that occur shall be filled by the commissioner from individuals nominated by the organizations that are represented on the board of directors of the Tennessee beef industry council and in the same representation ratios.
(c) The commissioner or the commissioner's designee shall be an ex officio nonvoting member of the board.
Acts 1985, ch. 188, § 18; 2012, ch. 1049, § 3.
Tenn. Code Ann. § 43-38-514 — TN Code / Title 43 / Chapter 38 / Section 43-38-514
Failure to receive notice
Status: in_force

Failure of a member to receive a special or regular members' meeting notice does not invalidate an action that is taken by the members at a members' meeting. Acts 2004, ch. 534, § 20.
Failure of a member to receive a special or regular members' meeting notice does not invalidate an action that is taken by the members at a members' meeting.
Acts 2004, ch. 534, § 20.
Tenn. Code Ann. § 43-17-104 — TN Code / Title 43 / Chapter 17 / Section 43-17-104
Special right of action in owner of pecans sold without consent
Status: in_force

In addition to the punishment provided in § 43-17-103 , and either before or after, and with or without, criminal prosecution as provided for in § 43-17-103 , the owner of any pecans that are sold by another without the owner's consent can maintain and recover of any person buying the pecans, who fails to comply with §§ 43-17-101 and 43-17-102 , a penalty of two hundred fifty dollars ($250), to be recovered by a civil suit in any court having jurisdiction of the amount in this state. That amount is to be recovered by the owner of any pecans, sold to any person without the owner's consent, where the buyer does not keep and permit to be inspected the record of the purchase, as provided in this chapter. Acts 1947, ch. 174, § 4; mod. C. Supp. 1950, § 5755.31 (Williams, § 5753.17); T.C.A. (orig. ed.), § 43-1904.
In addition to the punishment provided in § 43-17-103 , and either before or after, and with or without, criminal prosecution as provided for in § 43-17-103 , the owner of any pecans that are sold by another without the owner's consent can maintain and recover of any person buying the pecans, who fails to comply with §§ 43-17-101 and 43-17-102 , a penalty of two hundred fifty dollars ($250), to be recovered by a civil suit in any court having jurisdiction of the amount in this state. That amount is to be recovered by the owner of any pecans, sold to any person without the owner's consent, where the buyer does not keep and permit to be inspected the record of the purchase, as provided in this chapter.
Acts 1947, ch. 174, § 4; mod. C. Supp. 1950, § 5755.31 (Williams, § 5753.17); T.C.A. (orig. ed.), § 43-1904.
Tenn. Code Ann. § 43-38-516 — TN Code / Title 43 / Chapter 38 / Section 43-38-516
Action without a meeting on written consent
Status: in_force

(a) Unless the articles provide otherwise, any action required or permitted to be taken at a meeting of the members may be taken without a meeting by action on written consent as provided in § 43-38-517 or on recommendation of the board of directors as provided in § 43-38-518 . Any action taken pursuant to § 43-38-517 or § 43-38-518 has the effect of a meeting and vote and may be described as such in any document. Any requirement in this chapter for action at a meeting will be satisfied by an action taken in accordance with § 43-38-517 or § 43-38-518 . (b) If this chapter, the articles or bylaws require that notice of proposed action be given to members and the action is to be taken by members pursuant to § 43-38-517 or § 43-38-518 , then the cooperative must give its members who would not be entitled to vote on the matter a written notice of the proposed action at least ten (10) days before action is taken on written consent or at the same time notice is given to the members entitled to vote under § 43-38-518 . The notice must contain or be accompanied by the same material that would have been required to be sent to members in a notice of meeting at which the proposed action would have been submitted to the members for action. Acts 2004, ch. 534, § 21.
(a) Unless the articles provide otherwise, any action required or permitted to be taken at a meeting of the members may be taken without a meeting by action on written consent as provided in § 43-38-517 or on recommendation of the board of directors as provided in § 43-38-518 . Any action taken pursuant to § 43-38-517 or § 43-38-518 has the effect of a meeting and vote and may be described as such in any document. Any requirement in this chapter for action at a meeting will be satisfied by an action taken in accordance with § 43-38-517 or § 43-38-518 .
(b) If this chapter, the articles or bylaws require that notice of proposed action be given to members and the action is to be taken by members pursuant to § 43-38-517 or § 43-38-518 , then the cooperative must give its members who would not be entitled to vote on the matter a written notice of the proposed action at least ten (10) days before action is taken on written consent or at the same time notice is given to the members entitled to vote under § 43-38-518 . The notice must contain or be accompanied by the same material that would have been required to be sent to members in a notice of meeting at which the proposed action would have been submitted to the members for action.
Acts 2004, ch. 534, § 21.
Tenn. Code Ann. § 43-6-207 — TN Code / Title 43 / Chapter 6 / Section 43-6-207
Duty to control and exterminate
Status: in_force

(a) It is the duty of all public utilities where they control the surface area, the department of transportation, the county legislative body, drainage districts, county road departments and other public and quasi-public corporations and every landowner in Johnson grass extermination areas, to: (1) Control and eradicate Johnson grass and prevent its regrowth and reinfestation on all lands, rights-of-way and easements owned, occupied or controlled by them; (2) Employ methods of control and eradication and for the prevention of the regrowth and reinfestation of Johnson grass as directed by the commissioner of agriculture or the county weed control board; and (3) Comply with all orders, rules and regulations promulgated by the commissioner of agriculture pursuant to this part. (b) The department of transportation may not enter into such program on a pilot basis with more than one (1) county. (c) The state shall not be held civilly liable for any act in compliance with the purpose and intent of this part. Acts 1961, ch. 306, § 7; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 43-2707.
(a) It is the duty of all public utilities where they control the surface area, the department of transportation, the county legislative body, drainage districts, county road departments and other public and quasi-public corporations and every landowner in Johnson grass extermination areas, to: (1) Control and eradicate Johnson grass and prevent its regrowth and reinfestation on all lands, rights-of-way and easements owned, occupied or controlled by them; (2) Employ methods of control and eradication and for the prevention of the regrowth and reinfestation of Johnson grass as directed by the commissioner of agriculture or the county weed control board; and (3) Comply with all orders, rules and regulations promulgated by the commissioner of agriculture pursuant to this part.
(1) Control and eradicate Johnson grass and prevent its regrowth and reinfestation on all lands, rights-of-way and easements owned, occupied or controlled by them;
(2) Employ methods of control and eradication and for the prevention of the regrowth and reinfestation of Johnson grass as directed by the commissioner of agriculture or the county weed control board; and
(3) Comply with all orders, rules and regulations promulgated by the commissioner of agriculture pursuant to this part.
(b) The department of transportation may not enter into such program on a pilot basis with more than one (1) county.
(c) The state shall not be held civilly liable for any act in compliance with the purpose and intent of this part.
Acts 1961, ch. 306, § 7; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 43-2707.
Tenn. Code Ann. § 43-38-509 — TN Code / Title 43 / Chapter 38 / Section 43-38-509
Contribution agreements or contribution allowance agreements - Preemptive rights
Status: in_force

(a) Unless otherwise specifically provided in the articles or bylaws, members or parties, other than the cooperative, to a contribution agreement or a contribution allowance agreement shall not have preemptive rights. If the articles or bylaws provide for the possibility of preemptive rights, these rights shall be granted on the terms and conditions prescribed in the articles or bylaws to provide a fair and reasonable opportunity to exercise the rights to acquire additional proportional interests. (b) A preemptive right is the right of a member to make contributions of a certain amount or to make a contribution allowance agreement specifying future contributions of a certain amount before the cooperative may accept new contributions from other persons or to make contribution allowance agreements with other persons. (c) No preemptive rights arise as to contributions to be accepted from others or as to contribution allowance agreements to be made with others when the contribution is to be made: (1) In a form other than money; (2) Reflected pursuant to a plan of merger or exchange; (3) Reflected pursuant to an employee or incentive benefit plan approved at a meeting by the affirmative vote of the owners of a majority of the voting power of all membership interests entitled to vote; (4) Pursuant to a previously made contribution allowance agreement; or (5) Reflected pursuant to a plan of reorganization approved by a court of competent jurisdiction pursuant to a statute of this state or of the United States. Acts 2004, ch. 534, § 19.
(a) Unless otherwise specifically provided in the articles or bylaws, members or parties, other than the cooperative, to a contribution agreement or a contribution allowance agreement shall not have preemptive rights. If the articles or bylaws provide for the possibility of preemptive rights, these rights shall be granted on the terms and conditions prescribed in the articles or bylaws to provide a fair and reasonable opportunity to exercise the rights to acquire additional proportional interests.
(b) A preemptive right is the right of a member to make contributions of a certain amount or to make a contribution allowance agreement specifying future contributions of a certain amount before the cooperative may accept new contributions from other persons or to make contribution allowance agreements with other persons.
(c) No preemptive rights arise as to contributions to be accepted from others or as to contribution allowance agreements to be made with others when the contribution is to be made: (1) In a form other than money; (2) Reflected pursuant to a plan of merger or exchange; (3) Reflected pursuant to an employee or incentive benefit plan approved at a meeting by the affirmative vote of the owners of a majority of the voting power of all membership interests entitled to vote; (4) Pursuant to a previously made contribution allowance agreement; or (5) Reflected pursuant to a plan of reorganization approved by a court of competent jurisdiction pursuant to a statute of this state or of the United States.
(1) In a form other than money;
(2) Reflected pursuant to a plan of merger or exchange;
(3) Reflected pursuant to an employee or incentive benefit plan approved at a meeting by the affirmative vote of the owners of a majority of the voting power of all membership interests entitled to vote;
(4) Pursuant to a previously made contribution allowance agreement; or
(5) Reflected pursuant to a plan of reorganization approved by a court of competent jurisdiction pursuant to a statute of this state or of the United States.
Acts 2004, ch. 534, § 19.
Tenn. Code Ann. § 43-29-121 — TN Code / Title 43 / Chapter 29 / Section 43-29-121
First sales
Status: in_force

At the time of the first sale, the producer shall provide evidence that all assessments provided for under this chapter have been paid. If the first sale is made to an egg handler or egg dealer, the egg handler or egg dealer shall deduct the assessment owed from the amount paid to the producer. Acts 1985, ch. 188, § 20; T.C.A. § 43-29-120(b) .
At the time of the first sale, the producer shall provide evidence that all assessments provided for under this chapter have been paid. If the first sale is made to an egg handler or egg dealer, the egg handler or egg dealer shall deduct the assessment owed from the amount paid to the producer.
Acts 1985, ch. 188, § 20; T.C.A. § 43-29-120(b) .
Tenn. Code Ann. § 43-38-807 — TN Code / Title 43 / Chapter 38 / Section 43-38-807
Payment of fair value of dissenter's membership interest
Status: in_force

(a) Except as provided in § 43-38-809 , as soon as the proposed cooperative action is effectuated, or upon receipt of a payment demand, whichever is later, the cooperative shall pay each dissenter who complied with § 43-38-806 the amount the cooperative estimates to be the fair value of the dissenter's membership interest, plus accrued interest. (b) The payment must be accompanied by: (1) The cooperative's balance sheet as of the end of a fiscal year ending not more than sixteen (16) months before the date of payment, an income statement for that year, and the latest available interim financial statements, if any; (2) A statement of the cooperative estate of the fair value of the membership interests; (3) An explanation of how the value of the membership interest was calculated; (4) A statement of the dissenter's right to demand payment under § 43-38-810 ; and (5) A copy of this part, if the cooperative has not previously sent a copy of this part to the member pursuant to § 43-38-803 or § 43-38-805 . Acts 2004, ch. 534, § 27.
(a) Except as provided in § 43-38-809 , as soon as the proposed cooperative action is effectuated, or upon receipt of a payment demand, whichever is later, the cooperative shall pay each dissenter who complied with § 43-38-806 the amount the cooperative estimates to be the fair value of the dissenter's membership interest, plus accrued interest.
(b) The payment must be accompanied by: (1) The cooperative's balance sheet as of the end of a fiscal year ending not more than sixteen (16) months before the date of payment, an income statement for that year, and the latest available interim financial statements, if any; (2) A statement of the cooperative estate of the fair value of the membership interests; (3) An explanation of how the value of the membership interest was calculated; (4) A statement of the dissenter's right to demand payment under § 43-38-810 ; and (5) A copy of this part, if the cooperative has not previously sent a copy of this part to the member pursuant to § 43-38-803 or § 43-38-805 .
(1) The cooperative's balance sheet as of the end of a fiscal year ending not more than sixteen (16) months before the date of payment, an income statement for that year, and the latest available interim financial statements, if any;
(2) A statement of the cooperative estate of the fair value of the membership interests;
(3) An explanation of how the value of the membership interest was calculated;
(4) A statement of the dissenter's right to demand payment under § 43-38-810 ; and
(5) A copy of this part, if the cooperative has not previously sent a copy of this part to the member pursuant to § 43-38-803 or § 43-38-805 .
Acts 2004, ch. 534, § 27.
Tenn. Code Ann. § 43-1-106 — TN Code / Title 43 / Chapter 1 / Section 43-1-106
Duties of commissioner
Status: in_force

It is the duty of the commissioner of agriculture to determine, on the commissioner's own initiative, or upon request by the county legislative body of any county in this state, agricultural areas adjacent to state highways that are: (1) Row crop areas devoted primarily for the growth of corn, cotton, soy beans, vegetables, and other similar seasonal agricultural commodities; and (2) Grassland areas maintained and used primarily for grazing of livestock. Acts 1875, ch. 13, § 4; Shan., § 318; Code 1932, § 430; modified; Acts 1961, ch. 22, § 1; impl. am. Acts 1965, ch. 82, § 8; impl. am. Acts 1971, ch. 90, § 1; impl. am. Acts 1971, ch. 131, § 1; Acts 1972, ch. 801, § 2; impl. am. Acts 1973, ch. 341, § 3; 1977, ch. 112, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 43-107; Acts 1988, ch. 878, § 13.
It is the duty of the commissioner of agriculture to determine, on the commissioner's own initiative, or upon request by the county legislative body of any county in this state, agricultural areas adjacent to state highways that are:
(1) Row crop areas devoted primarily for the growth of corn, cotton, soy beans, vegetables, and other similar seasonal agricultural commodities; and
(2) Grassland areas maintained and used primarily for grazing of livestock.
Acts 1875, ch. 13, § 4; Shan., § 318; Code 1932, § 430; modified; Acts 1961, ch. 22, § 1; impl. am. Acts 1965, ch. 82, § 8; impl. am. Acts 1971, ch. 90, § 1; impl. am. Acts 1971, ch. 131, § 1; Acts 1972, ch. 801, § 2; impl. am. Acts 1973, ch. 341, § 3; 1977, ch. 112, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 43-107; Acts 1988, ch. 878, § 13.
Tenn. Code Ann. § 43-16-130 — TN Code / Title 43 / Chapter 16 / Section 43-16-130
Removal of officers or directors
Status: in_force

Any member may bring charges against an officer or director by filing them in writing with the secretary of the association, together with a petition signed by five percent (5%) of the members, requesting the removal of the officer or director in question. The removal shall be voted upon at the next regular or special meeting of the association and, by a vote of a majority of the members, the association may remove the officer or director, and fill the vacancy. The officer or director against whom the charges have been brought shall be informed in writing of the charges previous to the meeting and shall have an opportunity at the meeting to be heard in person or by counsel and to present witnesses; and the person or persons bringing the charges against the officer or director shall have the same opportunity. Acts 1923, ch. 100, § 16; Shan. Supp., § 2534a55; Code 1932, §3813; T.C.A. (orig. ed.), § 43-1831.
Any member may bring charges against an officer or director by filing them in writing with the secretary of the association, together with a petition signed by five percent (5%) of the members, requesting the removal of the officer or director in question. The removal shall be voted upon at the next regular or special meeting of the association and, by a vote of a majority of the members, the association may remove the officer or director, and fill the vacancy. The officer or director against whom the charges have been brought shall be informed in writing of the charges previous to the meeting and shall have an opportunity at the meeting to be heard in person or by counsel and to present witnesses; and the person or persons bringing the charges against the officer or director shall have the same opportunity.
Acts 1923, ch. 100, § 16; Shan. Supp., § 2534a55; Code 1932, §3813; T.C.A. (orig. ed.), § 43-1831.
Tenn. Code Ann. § 43-20-216 — TN Code / Title 43 / Chapter 20 / Section 43-20-216
Agreements for collection of assessments or collateral
Status: in_force

The board may enter into an agreement with the federal commodity credit corporation to collect the specified assessment on all soybeans pledged as collateral for a commodity credit corporation price support loan or purchased by the commodity credit corporation under its loan or its purchase programs. Acts 1987, ch. 183, § 2.
The board may enter into an agreement with the federal commodity credit corporation to collect the specified assessment on all soybeans pledged as collateral for a commodity credit corporation price support loan or purchased by the commodity credit corporation under its loan or its purchase programs.
Acts 1987, ch. 183, § 2.
Tenn. Code Ann. § 43-38-1105 — TN Code / Title 43 / Chapter 38 / Section 43-38-1105
Filing duty of secretary of state
Status: in_force

(a) If the form and filing of a document delivered to the office of the secretary of state for filing satisfies the requirements of this section, and of all other applicable sections or rules that add to these requirements, then the secretary of state must file it. (b) The secretary of state files a document by stamping or otherwise endorsing "Filed", together with the secretary of state's name and official title and the date and time of receipt, on the document. After filing a document, except for filings pursuant to §§ 43-38-109 and 43-38-120 , the secretary of state shall deliver the document, with the filing fee receipt attached, or acknowledgment of receipt if no fee is required, to the cooperative or its representative in due course. A cooperative or its representative may present to the office of the secretary of state an exact or conformed copy of the document presented for filing, together with the document; and, in that event, the secretary of state shall stamp or otherwise endorse the exact or conformed copy "Filed", together with the secretary of state's name and official title and the date and time of receipt, and immediately return the exact or conformed copy to the party filing the original of the document. (c) If the secretary of state refuses to file a document, then the secretary of state shall return it to the cooperative or its representative immediately after the document was received for filing, together with a brief, written explanation of the reason for the refusal. (d) The secretary of state's duty to file documents under this section is ministerial. The secretary of state's filing or refusing to file a document does not: (1) Affect the validity or invalidity of the document in whole or in part; (2) Relate to the correctness or incorrectness of information contained in the document; (3) Create a presumption that the document is valid or invalid or that information contained in the document is correct or incorrect; or (4) Establish that a document purporting to be an exact or conformed copy is in fact an exact or conformed copy. (e) Any cooperative document that meets the requirements of this chapter and all applicable rules for filing and recording must be received, filed, and recorded by the appropriate office, upon payment of the appropriate fees and taxes, if any, notwithstanding any contrary requirements found in any other laws of this state. Amended by 2020 Tenn. Acts, ch. 719, s 3, eff. 6/22/2020. Acts 2004, ch. 534, § 33.
(a) If the form and filing of a document delivered to the office of the secretary of state for filing satisfies the requirements of this section, and of all other applicable sections or rules that add to these requirements, then the secretary of state must file it.
(b) The secretary of state files a document by stamping or otherwise endorsing "Filed", together with the secretary of state's name and official title and the date and time of receipt, on the document. After filing a document, except for filings pursuant to §§ 43-38-109 and 43-38-120 , the secretary of state shall deliver the document, with the filing fee receipt attached, or acknowledgment of receipt if no fee is required, to the cooperative or its representative in due course. A cooperative or its representative may present to the office of the secretary of state an exact or conformed copy of the document presented for filing, together with the document; and, in that event, the secretary of state shall stamp or otherwise endorse the exact or conformed copy "Filed", together with the secretary of state's name and official title and the date and time of receipt, and immediately return the exact or conformed copy to the party filing the original of the document.
(c) If the secretary of state refuses to file a document, then the secretary of state shall return it to the cooperative or its representative immediately after the document was received for filing, together with a brief, written explanation of the reason for the refusal.
(d) The secretary of state's duty to file documents under this section is ministerial. The secretary of state's filing or refusing to file a document does not: (1) Affect the validity or invalidity of the document in whole or in part; (2) Relate to the correctness or incorrectness of information contained in the document; (3) Create a presumption that the document is valid or invalid or that information contained in the document is correct or incorrect; or (4) Establish that a document purporting to be an exact or conformed copy is in fact an exact or conformed copy.
(1) Affect the validity or invalidity of the document in whole or in part;
(2) Relate to the correctness or incorrectness of information contained in the document;
(3) Create a presumption that the document is valid or invalid or that information contained in the document is correct or incorrect; or
(4) Establish that a document purporting to be an exact or conformed copy is in fact an exact or conformed copy.
(e) Any cooperative document that meets the requirements of this chapter and all applicable rules for filing and recording must be received, filed, and recorded by the appropriate office, upon payment of the appropriate fees and taxes, if any, notwithstanding any contrary requirements found in any other laws of this state.
Amended by 2020 Tenn. Acts, ch. 719, s 3, eff. 6/22/2020.
Acts 2004, ch. 534, § 33.
Tenn. Code Ann. § 43-14-301 — TN Code / Title 43 / Chapter 14 / Section 43-14-301
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 203,s 3, eff. 4/22/2021. Acts 1937 (2nd E. S.), ch. 5, § 2; C. Supp. 1950, § 552.14 (Williams, § 584.10); impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 43-1601.
Repealed by 2021 Tenn. Acts, ch. 203,s 3, eff. 4/22/2021.
Acts 1937 (2nd E. S.), ch. 5, § 2; C. Supp. 1950, § 552.14 (Williams, § 584.10); impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 43-1601.
Tenn. Code Ann. § 43-25-105 — TN Code / Title 43 / Chapter 25 / Section 43-25-105
Registration books - Certificate of registration
Status: in_force

The commissioner shall provide a suitable book or books in which to enter the registrations provided for in this chapter; and, upon receipt of such applications for registration, shall cause the registration to be entered in the book or books by counties in compliance with this chapter, and shall issue to the person entitled thereto a certificate of registration. Acts 1925, ch. 34, § 4; Shan. Supp., § 320a5; Code 1932, § 441; T.C.A. (orig. ed.), § 43-2505.
The commissioner shall provide a suitable book or books in which to enter the registrations provided for in this chapter; and, upon receipt of such applications for registration, shall cause the registration to be entered in the book or books by counties in compliance with this chapter, and shall issue to the person entitled thereto a certificate of registration.
Acts 1925, ch. 34, § 4; Shan. Supp., § 320a5; Code 1932, § 441; T.C.A. (orig. ed.), § 43-2505.
Tenn. Code Ann. § 43-38-523 — TN Code / Title 43 / Chapter 38 / Section 43-38-523
Voting for cooperative constituted of other cooperatives or associations - Cooperative organized into units or districts of patron members
Status: in_force

(a) A cooperative that is constituted entirely or partially of other cooperatives or associations may authorize by the articles or the bylaws for affiliated cooperative patron members to have an additional vote for: (1) A stipulated amount of business transacted between the patron member cooperative and the central cooperative organization; (2) A stipulated number of patron members in the member cooperative; (3) A certain stipulated amount of equity allocated to or held by the patron member cooperative in the cooperative central organization; or (4) A combination of methods in subdivisions (a)(1) through (a)(3). (b) A cooperative that is organized into units or districts of patron members, may, by the articles or the bylaws, authorize the delegates elected by its patron members or have an additional vote for: (1) A stipulated amount of business transacted between the patron members in the units or districts and the cooperative; (2) A certain stipulated amount of equity allocated to or held by the patron members of the units or districts of the cooperative; or (3) A combination of methods in subdivisions (b)(1) and (b)(2). Acts 2004, ch. 534, § 22.
(a) A cooperative that is constituted entirely or partially of other cooperatives or associations may authorize by the articles or the bylaws for affiliated cooperative patron members to have an additional vote for: (1) A stipulated amount of business transacted between the patron member cooperative and the central cooperative organization; (2) A stipulated number of patron members in the member cooperative; (3) A certain stipulated amount of equity allocated to or held by the patron member cooperative in the cooperative central organization; or (4) A combination of methods in subdivisions (a)(1) through (a)(3).
(1) A stipulated amount of business transacted between the patron member cooperative and the central cooperative organization;
(2) A stipulated number of patron members in the member cooperative;
(3) A certain stipulated amount of equity allocated to or held by the patron member cooperative in the cooperative central organization; or
(4) A combination of methods in subdivisions (a)(1) through (a)(3).
(b) A cooperative that is organized into units or districts of patron members, may, by the articles or the bylaws, authorize the delegates elected by its patron members or have an additional vote for: (1) A stipulated amount of business transacted between the patron members in the units or districts and the cooperative; (2) A certain stipulated amount of equity allocated to or held by the patron members of the units or districts of the cooperative; or (3) A combination of methods in subdivisions (b)(1) and (b)(2).
(1) A stipulated amount of business transacted between the patron members in the units or districts and the cooperative;
(2) A certain stipulated amount of equity allocated to or held by the patron members of the units or districts of the cooperative; or
(3) A combination of methods in subdivisions (b)(1) and (b)(2).
Acts 2004, ch. 534, § 22.
Tenn. Code Ann. § 43-38-525 — TN Code / Title 43 / Chapter 38 / Section 43-38-525
Representative of the cooperative at meetings of cooperative owned business entities
Status: in_force

A cooperative that holds ownership interests of another business entity may, by direction of the cooperative's board, elect or appoint a person to represent the cooperative at a meeting of the business entity. The representative has authority to represent the cooperative and may cast the cooperative's vote at the business entity's meeting. Acts 2004, ch. 534, § 22.
A cooperative that holds ownership interests of another business entity may, by direction of the cooperative's board, elect or appoint a person to represent the cooperative at a meeting of the business entity. The representative has authority to represent the cooperative and may cast the cooperative's vote at the business entity's meeting.
Acts 2004, ch. 534, § 22.
Tenn. Code Ann. § 43-38-107 — TN Code / Title 43 / Chapter 38 / Section 43-38-107
Registered office and registered agent
Status: in_force

(a) Each cooperative shall have and continuously maintain in this state: (1) A registered office, which may be, but need not be, the same as its place of business; (2) A registered agent, which agent may be either an individual resident in this state whose business office is identical with the registered office, or a domestic or foreign business entity authorized to transact business in the state having a business office identical with the registered office. (b) If a registered agent resigns or is unable to perform the agent's duties, the domestic cooperative shall promptly designate another registered agent to the end that it shall at all times have a registered agent in this state. Acts 2004, ch. 534, § 8.
(a) Each cooperative shall have and continuously maintain in this state: (1) A registered office, which may be, but need not be, the same as its place of business; (2) A registered agent, which agent may be either an individual resident in this state whose business office is identical with the registered office, or a domestic or foreign business entity authorized to transact business in the state having a business office identical with the registered office.
(1) A registered office, which may be, but need not be, the same as its place of business;
(2) A registered agent, which agent may be either an individual resident in this state whose business office is identical with the registered office, or a domestic or foreign business entity authorized to transact business in the state having a business office identical with the registered office.
(b) If a registered agent resigns or is unable to perform the agent's duties, the domestic cooperative shall promptly designate another registered agent to the end that it shall at all times have a registered agent in this state.
Acts 2004, ch. 534, § 8.
Tenn. Code Ann. § 43-19-105 — TN Code / Title 43 / Chapter 19 / Section 43-19-105
Suit on bond - Parties
Status: in_force

Any person aggrieved may sue on this bond for a breach thereof, in the name of the state, until the penalty is exhausted. Acts 1870-1871, ch. 65, § 4; Shan., § 3383; Code 1932, § 6480; T.C.A. (orig. ed.), § 43-2105.
Any person aggrieved may sue on this bond for a breach thereof, in the name of the state, until the penalty is exhausted.
Acts 1870-1871, ch. 65, § 4; Shan., § 3383; Code 1932, § 6480; T.C.A. (orig. ed.), § 43-2105.
Tenn. Code Ann. § 43-20-211 — TN Code / Title 43 / Chapter 20 / Section 43-20-211
Referendum on assessment remaining in effect
Status: in_force

If the commissioner determines that during the first two (2) years the assessment is in effect that over fifty percent (50%) of the proceeds generated by the assessment is being refunded, then the commissioner shall conduct a referendum, within one hundred twenty (120) days of the end of the two-year period, on whether the assessment shall remain in effect. Acts 1985, ch. 108, § 11.
If the commissioner determines that during the first two (2) years the assessment is in effect that over fifty percent (50%) of the proceeds generated by the assessment is being refunded, then the commissioner shall conduct a referendum, within one hundred twenty (120) days of the end of the two-year period, on whether the assessment shall remain in effect.
Acts 1985, ch. 108, § 11.
Tenn. Code Ann. § 43-38-902 — TN Code / Title 43 / Chapter 38 / Section 43-38-902
Creation and maintance of a capital reserve - Distribution of net income
Status: in_force

(a) A cooperative may set aside a portion of net income allocated to the patron membership interests as the board determines advisable to create or maintain a capital reserve. (b) In addition to a capital reserve, the board may, for patron membership interests: (1) Set aside an amount not to exceed five percent (5%) of the annual net income of the cooperative for promoting and encouraging cooperative organization; and (2) Establish and accumulate reserves for new buildings, machinery and equipment, depreciation, losses, and other proper purposes. (c) Net income allocated to patron members in excess of dividends on equity and additions to reserves shall be distributed to patron members on the basis of patronage. A cooperative may establish allocation units, whether the units are functional, divisional, departmental, geographic, or otherwise, and pooling arrangements, and may account for and distribute net income to patrons on the basis of allocation units and pooling arrangements. A cooperative may offset the net loss of an allocation unit or pooling arrangement against the net income of other allocation units or pooling arrangements. (d) Distribution of net income shall be made at least annually. The board shall present to the members at their annual meeting a report covering the operations of the cooperative during the preceding fiscal year. (e) A cooperative may distribute net income to patron members in cash, capital credits, allocated patronage equities, revolving fund certificates, or its own or other securities. (f) The cooperative may provide in the bylaws that nonmember patrons are allowed to participate in the distribution of net income payable to patron members on equal terms with patron members. (g) If a nonmember patron with patronage credits is not qualified or eligible for membership, a refund due may be credited to the patron's individual account. The board may issue a certificate of interest to reflect the credited amount. After the patron is issued a certificate of interest, the patron may participate in the distribution of income on the same basis as a patron member. Acts 2004, ch. 534, § 28.
(a) A cooperative may set aside a portion of net income allocated to the patron membership interests as the board determines advisable to create or maintain a capital reserve.
(b) In addition to a capital reserve, the board may, for patron membership interests: (1) Set aside an amount not to exceed five percent (5%) of the annual net income of the cooperative for promoting and encouraging cooperative organization; and (2) Establish and accumulate reserves for new buildings, machinery and equipment, depreciation, losses, and other proper purposes.
(1) Set aside an amount not to exceed five percent (5%) of the annual net income of the cooperative for promoting and encouraging cooperative organization; and
(2) Establish and accumulate reserves for new buildings, machinery and equipment, depreciation, losses, and other proper purposes.
(c) Net income allocated to patron members in excess of dividends on equity and additions to reserves shall be distributed to patron members on the basis of patronage. A cooperative may establish allocation units, whether the units are functional, divisional, departmental, geographic, or otherwise, and pooling arrangements, and may account for and distribute net income to patrons on the basis of allocation units and pooling arrangements. A cooperative may offset the net loss of an allocation unit or pooling arrangement against the net income of other allocation units or pooling arrangements.
(d) Distribution of net income shall be made at least annually. The board shall present to the members at their annual meeting a report covering the operations of the cooperative during the preceding fiscal year.
(e) A cooperative may distribute net income to patron members in cash, capital credits, allocated patronage equities, revolving fund certificates, or its own or other securities.
(f) The cooperative may provide in the bylaws that nonmember patrons are allowed to participate in the distribution of net income payable to patron members on equal terms with patron members.
(g) If a nonmember patron with patronage credits is not qualified or eligible for membership, a refund due may be credited to the patron's individual account. The board may issue a certificate of interest to reflect the credited amount. After the patron is issued a certificate of interest, the patron may participate in the distribution of income on the same basis as a patron member.
Acts 2004, ch. 534, § 28.
Tenn. Code Ann. § 43-16-116 — TN Code / Title 43 / Chapter 16 / Section 43-16-116
Management by directors - District directors - Bylaw provisions as to selection and qualifications
Status: in_force

(a) The affairs of the association shall be managed by a board of not less than five (5) directors, elected by the members or stockholders from their own number. (b) The bylaws may provide that the territory in which the association has members shall be divided into districts and that the directors shall be elected according to these districts, either directly or by district delegates elected by the members in that district. In such a case, the bylaws shall specify the number of directors to be elected by each district, the manner and method of reapportioning the directors and of redistricting the territory covered by the association. The bylaws may provide that primary elections shall be held in each district to elect the directors apportioned to the districts, and that the result of all such primary elections may be ratified by the next regular meeting of the association or may be considered final as to the association. (c) The bylaws may provide that one (1) or more directors may be appointed by any public official or commission or by the other directors selected by the members or their delegates. Such directors shall represent primarily the interest of the general public in such associations. The directors so appointed need not be members or stockholders of the association, but shall have the same powers and rights as other directors. Such directors shall not number more than one fifth (1/5) of the entire number of directors. Acts 1923, ch. 100, § 12; Shan. Supp., § 2534a40; Code 1932, §3798; T.C.A. (orig. ed.), § 43-1816.
(a) The affairs of the association shall be managed by a board of not less than five (5) directors, elected by the members or stockholders from their own number.
(b) The bylaws may provide that the territory in which the association has members shall be divided into districts and that the directors shall be elected according to these districts, either directly or by district delegates elected by the members in that district. In such a case, the bylaws shall specify the number of directors to be elected by each district, the manner and method of reapportioning the directors and of redistricting the territory covered by the association. The bylaws may provide that primary elections shall be held in each district to elect the directors apportioned to the districts, and that the result of all such primary elections may be ratified by the next regular meeting of the association or may be considered final as to the association.
(c) The bylaws may provide that one (1) or more directors may be appointed by any public official or commission or by the other directors selected by the members or their delegates. Such directors shall represent primarily the interest of the general public in such associations. The directors so appointed need not be members or stockholders of the association, but shall have the same powers and rights as other directors. Such directors shall not number more than one fifth (1/5) of the entire number of directors.
Acts 1923, ch. 100, § 12; Shan. Supp., § 2534a40; Code 1932, §3798; T.C.A. (orig. ed.), § 43-1816.
Tenn. Code Ann. § 43-6-422 — TN Code / Title 43 / Chapter 6 / Section 43-6-422
Certified cotton growers' organization - Form - Members - Powers - Liabilities
Status: in_force

(a) The certified cotton growers' organization shall be: (1) A public corporation and may contract and be contracted with, implead and be impleaded, and complain and defend in all courts; and (2) Governed by a board of directors, which shall name its chair, vice chair, and secretary, and determine a quorum for the transaction of its business. (b) The certified cotton growers' organization may appoint advisory boards, special committees, legal counsel, and technical and clerical personnel to advise, aid, and assist the organization in the performance of its duties, and fix, if necessary, any compensation for such services. (c) The members, officers, and employees of the certified cotton growers' organization operating under this part shall not be held individually responsible to any grower or other person for errors in judgment, mistakes, or other acts of omission or commission, other than their own acts of dishonesty or crime. No member, officer, or employee shall be held individually responsible for any act of omission of any other member of such organization. The liability of the members of the certified cotton growers' organization shall be several and not joint, and no member shall be liable for the default of any other member. (d) The certified cotton growers' organization may borrow money or otherwise incur indebtedness, and may expend the moneys so acquired for the purpose of destroying and eradicating the boll weevil in Tennessee. Any indebtedness created pursuant to this subsection (d) shall be repaid from the assessments on the cotton growers provided for in § 43-6-423 or from other funds available to the cotton growers' organization, and shall not constitute a debt of the state or any department, agency, political subdivision, official, or employee of the state. Funds borrowed under this subsection (d) may be expended by the certified cotton growers' organization for the purpose of reducing the annual assessment or increasing the number of years over which cotton growers are required to pay assessments under this part. Acts 1989, ch. 350, § 12.
(a) The certified cotton growers' organization shall be: (1) A public corporation and may contract and be contracted with, implead and be impleaded, and complain and defend in all courts; and (2) Governed by a board of directors, which shall name its chair, vice chair, and secretary, and determine a quorum for the transaction of its business.
(1) A public corporation and may contract and be contracted with, implead and be impleaded, and complain and defend in all courts; and
(2) Governed by a board of directors, which shall name its chair, vice chair, and secretary, and determine a quorum for the transaction of its business.
(b) The certified cotton growers' organization may appoint advisory boards, special committees, legal counsel, and technical and clerical personnel to advise, aid, and assist the organization in the performance of its duties, and fix, if necessary, any compensation for such services.
(c) The members, officers, and employees of the certified cotton growers' organization operating under this part shall not be held individually responsible to any grower or other person for errors in judgment, mistakes, or other acts of omission or commission, other than their own acts of dishonesty or crime. No member, officer, or employee shall be held individually responsible for any act of omission of any other member of such organization. The liability of the members of the certified cotton growers' organization shall be several and not joint, and no member shall be liable for the default of any other member.
(d) The certified cotton growers' organization may borrow money or otherwise incur indebtedness, and may expend the moneys so acquired for the purpose of destroying and eradicating the boll weevil in Tennessee. Any indebtedness created pursuant to this subsection (d) shall be repaid from the assessments on the cotton growers provided for in § 43-6-423 or from other funds available to the cotton growers' organization, and shall not constitute a debt of the state or any department, agency, political subdivision, official, or employee of the state. Funds borrowed under this subsection (d) may be expended by the certified cotton growers' organization for the purpose of reducing the annual assessment or increasing the number of years over which cotton growers are required to pay assessments under this part.
Acts 1989, ch. 350, § 12.
Tenn. Code Ann. § 43-18-102 — TN Code / Title 43 / Chapter 18 / Section 43-18-102
Written permission to sell required - Exception
Status: in_force

Any person offering seed cotton for sale that the person did not personally raise, or on whose farm the cotton was not raised, shall be required by the buyer or dealer in the cotton to show a written permission from the party raising the cotton to sell it before buying, unless the party offering the cotton for sale is a bona fide owner of the cotton, and the dealer may require proper identification of the person offering it for sale. Acts 1903, ch. 525, § 2; Shan., § 6800a4; Code 1932, § 11265; T.C.A. (orig. ed.), § 43-2002.
Any person offering seed cotton for sale that the person did not personally raise, or on whose farm the cotton was not raised, shall be required by the buyer or dealer in the cotton to show a written permission from the party raising the cotton to sell it before buying, unless the party offering the cotton for sale is a bona fide owner of the cotton, and the dealer may require proper identification of the person offering it for sale.
Acts 1903, ch. 525, § 2; Shan., § 6800a4; Code 1932, § 11265; T.C.A. (orig. ed.), § 43-2002.
Tenn. Code Ann. § 43-14-217 — TN Code / Title 43 / Chapter 14 / Section 43-14-217
Cooperation of districts
Status: in_force

The supervisors of two (2) or more districts may cooperate with one another in the exercise of the powers conferred in this part. Amended by 2021 Tenn. Acts, ch. 203, s 2, eff. 4/22/2021. Acts 1939, ch. 197, § 7; C. Supp. 1950, § 552.7 (Williams, § 552.37); T.C.A. (orig. ed.), § 43-1517; Acts 1980, ch. 508, § 1; 1985, ch. 32, § 1; 2007 , ch. 295, § 1.
The supervisors of two (2) or more districts may cooperate with one another in the exercise of the powers conferred in this part.
Amended by 2021 Tenn. Acts, ch. 203, s 2, eff. 4/22/2021.
Acts 1939, ch. 197, § 7; C. Supp. 1950, § 552.7 (Williams, § 552.37); T.C.A. (orig. ed.), § 43-1517; Acts 1980, ch. 508, § 1; 1985, ch. 32, § 1; 2007 , ch. 295, § 1.
Tenn. Code Ann. § 43-16-120 — TN Code / Title 43 / Chapter 16 / Section 43-16-120
Vacancies in board of directors - Filling
Status: in_force

When a vacancy on the board of directors occurs other than by expiration of term, the remaining members of the board, by a majority vote, shall fill the vacancy, unless the bylaws provide for an election of directors by district stockholders. In that case, the board of directors shall immediately call a special meeting of the members or stockholders in that district to fill the vacancy. Acts 1923, ch. 100, § 12; Shan. Supp., § 2534a44; Code 1932, §3802; T.C.A. (orig. ed.), § 43-1820.
When a vacancy on the board of directors occurs other than by expiration of term, the remaining members of the board, by a majority vote, shall fill the vacancy, unless the bylaws provide for an election of directors by district stockholders. In that case, the board of directors shall immediately call a special meeting of the members or stockholders in that district to fill the vacancy.
Acts 1923, ch. 100, § 12; Shan. Supp., § 2534a44; Code 1932, §3802; T.C.A. (orig. ed.), § 43-1820.
Tenn. Code Ann. § 43-27-108 — TN Code / Title 43 / Chapter 27 / Section 43-27-108
Exemption from other applicable statutes and rules not provided by this chapter
Status: in_force

This chapter does not exempt any person from enforcement of statutes and rules applicable to particular uses of hemp, including, but not limited to, food safety statutes and rules for distribution of food products; feed statutes and rules for distribution of commercial feed; and seed statutes and rules for distribution of seed. Added by 2019 Tenn. Acts, ch. 87, s 12, eff. 4/4/2019.
This chapter does not exempt any person from enforcement of statutes and rules applicable to particular uses of hemp, including, but not limited to, food safety statutes and rules for distribution of food products; feed statutes and rules for distribution of commercial feed; and seed statutes and rules for distribution of seed.
Added by 2019 Tenn. Acts, ch. 87, s 12, eff. 4/4/2019.
Tenn. Code Ann. § 43-38-513 — TN Code / Title 43 / Chapter 38 / Section 43-38-513
Certificate and statement of notice
Status: in_force

(a) After mailing special or regular members' meeting notices or otherwise delivering the notices, the cooperative shall execute a certificate containing the date of mailing or delivery of the notice and a statement that the special or regular members' meeting notices were mailed or delivered as prescribed by law. (b) The certificate shall be made a part of the record of the meeting. Acts 2004, ch. 534, § 20.
(a) After mailing special or regular members' meeting notices or otherwise delivering the notices, the cooperative shall execute a certificate containing the date of mailing or delivery of the notice and a statement that the special or regular members' meeting notices were mailed or delivered as prescribed by law.
(b) The certificate shall be made a part of the record of the meeting.
Acts 2004, ch. 534, § 20.
Tenn. Code Ann. § 43-6-208 — TN Code / Title 43 / Chapter 6 / Section 43-6-208
Nuisance - Action to enjoin
Status: in_force

The existence or growth of Johnson grass, in counties electing to come under this part, is declared to be a public and common nuisance and the district attorneys general for and in those counties affected shall have the duty to bring an action in the circuit court of such county to enjoin this nuisance. The action shall be brought in the name of the state of Tennessee and shall be tried as in equity cases. In order to sustain the action, it shall be necessary to allege that thirty (30) days' advance notice of the filing of the suit has been served upon the defendant or defendants, and that the defendant or defendants, have taken no suitable action to comply with this part prior to the filing of the suit. Any landowner whose land is adjacent to or within one hundred feet (100') of land on which the nuisance is permitted or maintained and who is not undertaking a Johnson grass control program may bring a civil action for injunction against any person permitting or maintaining the nuisance and shall, in addition to injunctive relief, be entitled to recover as a penalty the sum of five hundred dollars ($500) and any actual damages sustained as a result of the maintenance of the nuisance. Acts 1961, ch. 306, § 8; T.C.A., § 43-2708.
The existence or growth of Johnson grass, in counties electing to come under this part, is declared to be a public and common nuisance and the district attorneys general for and in those counties affected shall have the duty to bring an action in the circuit court of such county to enjoin this nuisance. The action shall be brought in the name of the state of Tennessee and shall be tried as in equity cases. In order to sustain the action, it shall be necessary to allege that thirty (30) days' advance notice of the filing of the suit has been served upon the defendant or defendants, and that the defendant or defendants, have taken no suitable action to comply with this part prior to the filing of the suit. Any landowner whose land is adjacent to or within one hundred feet (100') of land on which the nuisance is permitted or maintained and who is not undertaking a Johnson grass control program may bring a civil action for injunction against any person permitting or maintaining the nuisance and shall, in addition to injunctive relief, be entitled to recover as a penalty the sum of five hundred dollars ($500) and any actual damages sustained as a result of the maintenance of the nuisance.
Acts 1961, ch. 306, § 8; T.C.A., § 43-2708.
Tenn. Code Ann. § 43-8-116 — TN Code / Title 43 / Chapter 8 / Section 43-8-116
Offense of use of pesticide in manner that causes harm
Status: in_force

(a) It is an offense for any person to knowingly use a pesticide in a manner inconsistent with its labeling so as to cause harm to persons, animals, property or the environment. (b) A violation of this section is a Class A misdemeanor punishable by fine or a term of imprisonment not to exceed thirty (30) days, or both. (c) This section shall be construed to be supplemental to § 43-8-306 . Acts 2007, ch. 395, § 1.
(a) It is an offense for any person to knowingly use a pesticide in a manner inconsistent with its labeling so as to cause harm to persons, animals, property or the environment.
(b) A violation of this section is a Class A misdemeanor punishable by fine or a term of imprisonment not to exceed thirty (30) days, or both.
(c) This section shall be construed to be supplemental to § 43-8-306 .
Acts 2007, ch. 395, § 1.
Tenn. Code Ann. § 43-19-205 — TN Code / Title 43 / Chapter 19 / Section 43-19-205
Conversion of samples or plucking leaves therefrom prohibited - Penalty
Status: in_force

(a) No warehouse keeper, nor anyone in the employment of the warehouse keeper, shall take or convert to that person's own use, or dispose of, any sample of tobacco, but the tobacco shall be delivered to the purchaser, and all loose tobacco shall be neatly returned to the hogshead or other container from which it came, before coopering and weighing. (b) No person shall willfully or wantonly pluck any leaf or leaves from any sample of tobacco to which the inspector has attached the inspector's seal, either before or after sale. (c) Any person violating any provision of this section commits a Class C misdemeanor. Acts 1870-1871, ch. 65, § 11; 1889, ch. 192, § 4; Shan., § 3390a; mod. Code 1932, § 6489; T.C.A. (orig. ed.), § 43-2114; Acts 1989, ch. 591, § 113.
(a) No warehouse keeper, nor anyone in the employment of the warehouse keeper, shall take or convert to that person's own use, or dispose of, any sample of tobacco, but the tobacco shall be delivered to the purchaser, and all loose tobacco shall be neatly returned to the hogshead or other container from which it came, before coopering and weighing.
(b) No person shall willfully or wantonly pluck any leaf or leaves from any sample of tobacco to which the inspector has attached the inspector's seal, either before or after sale.
(c) Any person violating any provision of this section commits a Class C misdemeanor.
Acts 1870-1871, ch. 65, § 11; 1889, ch. 192, § 4; Shan., § 3390a; mod. Code 1932, § 6489; T.C.A. (orig. ed.), § 43-2114; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 43-6-423 — TN Code / Title 43 / Chapter 6 / Section 43-6-423
Assessments - Authorizing referendum - Disposition of funds
Status: in_force

(a) Upon the request of the certified cotton growers' organization, the commissioner shall authorize a referendum among cotton growers upon the question of whether an assessment shall be levied upon cotton growers in the state to offset, in whole or in part, the cost of boll weevil or other cotton pest suppression or eradication programs authorized by this part or by any other law of this state. (b) The assessment levied under this part shall be based upon the number of acres of cotton planted. The amount of the assessment, the period of time for which it is levied, and the geographical area to be covered by the assessment shall be determined by the commissioner, upon recommendation by the board of directors of the cotton growers' organization. (c) All affected cotton growers shall be entitled to vote in any such referendum, and the commissioner shall determine any questions of eligibility to vote. (d) Passage of such referendum shall require a two-thirds (2/3) majority of those eligible cotton growers voting. (e) The assessments collected by the department under this part, less such amounts as may be authorized in the general appropriations act for administration of this part, shall be promptly remitted to the certified cotton growers' organization under such terms and conditions as the commissioner may deem necessary to ensure that such assessments are used in a sound program of eradication or suppression of the boll weevil or other cotton pests. (f) There is created within the state treasury a fund known as the "certified cotton growers' organization fund." All funds received, appropriated or otherwise coming under this part shall be deposited into the state treasury to the credit of the certified cotton growers' organization. The commissioner shall administer the fund and make payments from the fund in the same manner as other state agencies for the administration and implementation of the purposes of this part. Amounts in the fund at the end of any fiscal year shall not revert to the general fund but shall remain available to the organization for the purposes as set forth in this part. Should the eradication program be discontinued or certification of the cotton growers' organization be revoked by the commissioner, any funds remaining in its hands at that time may be paid out by the commissioner for existing obligations and for closing the affairs of the certified cotton growers' organization. Any funds remaining over and above those required for completing the business of the cotton growers' organization shall be paid by the commissioner to the contributing growers on a pro rata basis. (g) The commissioner, with the approval of the board of directors of the certified cotton growers' organization, may grant waivers of timely payments of assessments, when a grower can show that assessments will cause an undue financial burden or bankruptcy. Such waivers shall not exceed six (6) months in length, and shall be subject to an equitable rate of interest. (h) Records maintained by the commissioner on behalf of the certified cotton growers' organization shall be audited at least annually by the comptroller of the treasury or the comptroller's designated representative. Acts 1989, ch. 350, § 13.
(a) Upon the request of the certified cotton growers' organization, the commissioner shall authorize a referendum among cotton growers upon the question of whether an assessment shall be levied upon cotton growers in the state to offset, in whole or in part, the cost of boll weevil or other cotton pest suppression or eradication programs authorized by this part or by any other law of this state.
(b) The assessment levied under this part shall be based upon the number of acres of cotton planted. The amount of the assessment, the period of time for which it is levied, and the geographical area to be covered by the assessment shall be determined by the commissioner, upon recommendation by the board of directors of the cotton growers' organization.
(c) All affected cotton growers shall be entitled to vote in any such referendum, and the commissioner shall determine any questions of eligibility to vote.
(d) Passage of such referendum shall require a two-thirds (2/3) majority of those eligible cotton growers voting.
(e) The assessments collected by the department under this part, less such amounts as may be authorized in the general appropriations act for administration of this part, shall be promptly remitted to the certified cotton growers' organization under such terms and conditions as the commissioner may deem necessary to ensure that such assessments are used in a sound program of eradication or suppression of the boll weevil or other cotton pests.
(f) There is created within the state treasury a fund known as the "certified cotton growers' organization fund." All funds received, appropriated or otherwise coming under this part shall be deposited into the state treasury to the credit of the certified cotton growers' organization. The commissioner shall administer the fund and make payments from the fund in the same manner as other state agencies for the administration and implementation of the purposes of this part. Amounts in the fund at the end of any fiscal year shall not revert to the general fund but shall remain available to the organization for the purposes as set forth in this part. Should the eradication program be discontinued or certification of the cotton growers' organization be revoked by the commissioner, any funds remaining in its hands at that time may be paid out by the commissioner for existing obligations and for closing the affairs of the certified cotton growers' organization. Any funds remaining over and above those required for completing the business of the cotton growers' organization shall be paid by the commissioner to the contributing growers on a pro rata basis.
(g) The commissioner, with the approval of the board of directors of the certified cotton growers' organization, may grant waivers of timely payments of assessments, when a grower can show that assessments will cause an undue financial burden or bankruptcy. Such waivers shall not exceed six (6) months in length, and shall be subject to an equitable rate of interest.
(h) Records maintained by the commissioner on behalf of the certified cotton growers' organization shall be audited at least annually by the comptroller of the treasury or the comptroller's designated representative.
Acts 1989, ch. 350, § 13.
Tenn. Code Ann. § 43-8-301 — TN Code / Title 43 / Chapter 8 / Section 43-8-301
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Adjuvant" means any substance that, when added to a pesticide, is intended to aid, modify or enhance its effectiveness by its properties of serving as a wetting agent, detergent, spreading agent, synergist, deposit builder, adhesive, surfactant, emulsifying agent, deflocculating agent, water modifier, or similar agent, with or without toxic properties of its own, and when sold in a package or container separate from that of the pesticide with which it is to be used; (2) "Aircraft" means any contrivance known or hereafter invented that is used or designed for navigation of or flight in the air over land or water and is designed or adaptable for use in applying pesticides in any form; (3) "Commercial aerial applicator" means any person who engages in the application of pesticides by aircraft; (4) "Commissioner" means the commissioner of agriculture, or the commissioner's authorized agent; (5) "Custom application of pesticides" means any application of pesticides for hire; (6) "Department" means the department of agriculture; (7) "Licensee" means any person duly licensed under this part; (8) "Person" means any individual, partnership, firm, corporation, company, trust, association, or other legal entity; (9) "Pesticide" means any substance or mixture of substances, or chemical intended for defoliating or desiccating plants, or for preventing, destroying, repelling, or mitigating any insects, rodents, fungi, bacteria, weeds, or other form of plant or animal life the commissioner declares to be a pest. This includes, but is not limited to, insecticide, fungicide, bactericide, herbicide, desiccant, defoliant, adjuvant or nematocide; (10) "Pilot" means any person flying an aircraft; and (11) "Restricted use pesticide" means a pesticide that the commissioner has so designated by regulation under the Tennessee Insecticide, Fungicide and Rodenticide Act, compiled in parts 1 and 2 of this chapter. Acts 1973, ch. 90, § 1; 1974, ch. 431, § 1; 1975, ch. 209, § 1; T.C.A., §§ 43-2901, 43-9-101; Acts 1996, ch. 805, §§ 5, 6.
As used in this part, unless the context otherwise requires:
(1) "Adjuvant" means any substance that, when added to a pesticide, is intended to aid, modify or enhance its effectiveness by its properties of serving as a wetting agent, detergent, spreading agent, synergist, deposit builder, adhesive, surfactant, emulsifying agent, deflocculating agent, water modifier, or similar agent, with or without toxic properties of its own, and when sold in a package or container separate from that of the pesticide with which it is to be used;
(2) "Aircraft" means any contrivance known or hereafter invented that is used or designed for navigation of or flight in the air over land or water and is designed or adaptable for use in applying pesticides in any form;
(3) "Commercial aerial applicator" means any person who engages in the application of pesticides by aircraft;
(4) "Commissioner" means the commissioner of agriculture, or the commissioner's authorized agent;
(5) "Custom application of pesticides" means any application of pesticides for hire;
(6) "Department" means the department of agriculture;
(7) "Licensee" means any person duly licensed under this part;
(8) "Person" means any individual, partnership, firm, corporation, company, trust, association, or other legal entity;
(9) "Pesticide" means any substance or mixture of substances, or chemical intended for defoliating or desiccating plants, or for preventing, destroying, repelling, or mitigating any insects, rodents, fungi, bacteria, weeds, or other form of plant or animal life the commissioner declares to be a pest. This includes, but is not limited to, insecticide, fungicide, bactericide, herbicide, desiccant, defoliant, adjuvant or nematocide;
(10) "Pilot" means any person flying an aircraft; and
(11) "Restricted use pesticide" means a pesticide that the commissioner has so designated by regulation under the Tennessee Insecticide, Fungicide and Rodenticide Act, compiled in parts 1 and 2 of this chapter.
Acts 1973, ch. 90, § 1; 1974, ch. 431, § 1; 1975, ch. 209, § 1; T.C.A., §§ 43-2901, 43-9-101; Acts 1996, ch. 805, §§ 5, 6.
Tenn. Code Ann. § 43-1-501 — TN Code / Title 43 / Chapter 1 / Section 43-1-501
Created - Objects preserved and displayed
Status: repealed

There is created and established the Tennessee agricultural museum, to be located in suitable quarters at Brentwood Hall, near Nashville, for the purpose of housing and preserving such early-American agricultural tools, implements, home furnishings, and other contrivances, and also, agricultural literature, as may be donated to the museum. Acts 1959, ch. 294, § 1; T.C.A., §§ 43-2601, 43-5-101.
There is created and established the Tennessee agricultural museum, to be located in suitable quarters at Brentwood Hall, near Nashville, for the purpose of housing and preserving such early-American agricultural tools, implements, home furnishings, and other contrivances, and also, agricultural literature, as may be donated to the museum.
Acts 1959, ch. 294, § 1; T.C.A., §§ 43-2601, 43-5-101.
Tenn. Code Ann. § 43-28-310 — TN Code / Title 43 / Chapter 28 / Section 43-28-310
Purchaser's brand put on timber by seller vests title in purchaser - Rights as to purchase money unaffected
Status: in_force

Whenever any timber is branded by the seller or another with the seller's consent, with the brand of the purchaser or other person, corporation or firm, then the title to the timber shall at once pass to the person, corporation or firm whose brand is placed upon it, but this shall not affect the rights of contracting parties with respect to the payment of the purchase money for the timber. Acts 1901, ch. 54, § 9; Shan., § 3608a86; Code 1932, § 6779; T.C.A. (orig. ed.), § 68-310.
Whenever any timber is branded by the seller or another with the seller's consent, with the brand of the purchaser or other person, corporation or firm, then the title to the timber shall at once pass to the person, corporation or firm whose brand is placed upon it, but this shall not affect the rights of contracting parties with respect to the payment of the purchase money for the timber.
Acts 1901, ch. 54, § 9; Shan., § 3608a86; Code 1932, § 6779; T.C.A. (orig. ed.), § 68-310.
Tenn. Code Ann. § 43-36-108 — TN Code / Title 43 / Chapter 36 / Section 43-36-108
[Repealed]
Status: repealed

Acts 1999, ch. 175, §9; repealed by Acts 2014 , ch. 503, § 2, effective 2/28/2014.
Tenn. Code Ann. § 43-28-308 — TN Code / Title 43 / Chapter 28 / Section 43-28-308
Taking, concealing, destroying or converting branded timber - Penalty
Status: in_force

Any person who unlawfully takes, secretes, cuts, saws, splits up, or destroys any timber branded as provided in this part, or removes branded timber from the river or place on which the timber has been placed, with the intent to prevent the owner or owners from finding the timber, or in any way converts the timber to such person's use without the consent of the owner, or who receives the timber knowing it to have been stolen, commits a Class E felony. Acts 1901, ch. 54, § 7; Shan., § 3608a84; Code 1932, § 6777; T.C.A. (orig. ed.), § 68-308; Acts 1989, ch. 591, § 37.
Any person who unlawfully takes, secretes, cuts, saws, splits up, or destroys any timber branded as provided in this part, or removes branded timber from the river or place on which the timber has been placed, with the intent to prevent the owner or owners from finding the timber, or in any way converts the timber to such person's use without the consent of the owner, or who receives the timber knowing it to have been stolen, commits a Class E felony.
Acts 1901, ch. 54, § 7; Shan., § 3608a84; Code 1932, § 6777; T.C.A. (orig. ed.), § 68-308; Acts 1989, ch. 591, § 37.
Tenn. Code Ann. § 43-8-206 — TN Code / Title 43 / Chapter 8 / Section 43-8-206
Records of restricted use pesticides
Status: in_force

(a) Every licensed pesticide dealer shall maintain records necessary to identify all purchasers of restricted use pesticides. (b) Each pesticide dealer's records shall include the name of the purchaser, the purchaser's certification number, and the name and the amount of the pesticide purchased. Acts 1988, ch. 878, § 3.
(a) Every licensed pesticide dealer shall maintain records necessary to identify all purchasers of restricted use pesticides.
(b) Each pesticide dealer's records shall include the name of the purchaser, the purchaser's certification number, and the name and the amount of the pesticide purchased.
Acts 1988, ch. 878, § 3.
Tenn. Code Ann. § 43-8-314 — TN Code / Title 43 / Chapter 8 / Section 43-8-314
Log Records - Product Label Directions
Status: in_force

(a) Aerial applicators shall maintain a log record for a period of thirty-six (36) months on each application. Such record shall be made available on demand to the commissioner for review and copies shall be provided to representatives of the department of agriculture upon request. Aerial applicators located outside the boundaries of the state of Tennessee shall submit a certified copy of any log record for any or all applications as required by the commissioner within forty-eight (48) hours at a time and location designated by the commissioner. (b) The log record shall clearly set out the following information relative to each pesticide application: (1) The pesticide used and its EPA registration number; (2) The crop or plant to which the pesticide was applied; (3) The dosage rate of the application; (4) The approximate acreage to which the pesticide was applied; (5) The location, description, and GPS coordinates of the area to which the pesticide is applied; (6) The landowner, producer, or other person employing such aerial applicator's services; (7) The date of pesticide application; (8) The name and Tennessee license number of the aerial applicator; and (9) The decal number of the aircraft used for the application. (c) Aerial applicators shall apply all pesticides in a manner that is consistent with the label directions for that product. Aerial applicators must submit evidence to prove that label directions were followed and all restrictions were fully met when requested to do so by the commissioner. Acts 2003, ch. 120, § 2.
(a) Aerial applicators shall maintain a log record for a period of thirty-six (36) months on each application. Such record shall be made available on demand to the commissioner for review and copies shall be provided to representatives of the department of agriculture upon request. Aerial applicators located outside the boundaries of the state of Tennessee shall submit a certified copy of any log record for any or all applications as required by the commissioner within forty-eight (48) hours at a time and location designated by the commissioner.
(b) The log record shall clearly set out the following information relative to each pesticide application: (1) The pesticide used and its EPA registration number; (2) The crop or plant to which the pesticide was applied; (3) The dosage rate of the application; (4) The approximate acreage to which the pesticide was applied; (5) The location, description, and GPS coordinates of the area to which the pesticide is applied; (6) The landowner, producer, or other person employing such aerial applicator's services; (7) The date of pesticide application; (8) The name and Tennessee license number of the aerial applicator; and (9) The decal number of the aircraft used for the application.
(1) The pesticide used and its EPA registration number;
(2) The crop or plant to which the pesticide was applied;
(3) The dosage rate of the application;
(4) The approximate acreage to which the pesticide was applied;
(5) The location, description, and GPS coordinates of the area to which the pesticide is applied;
(6) The landowner, producer, or other person employing such aerial applicator's services;
(7) The date of pesticide application;
(8) The name and Tennessee license number of the aerial applicator; and
(9) The decal number of the aircraft used for the application.
(c) Aerial applicators shall apply all pesticides in a manner that is consistent with the label directions for that product. Aerial applicators must submit evidence to prove that label directions were followed and all restrictions were fully met when requested to do so by the commissioner.
Acts 2003, ch. 120, § 2.
Tenn. Code Ann. § 43-32-106 — TN Code / Title 43 / Chapter 32 / Section 43-32-106
Financial requirements - Security bonds - Insurance - Exemptions
Status: in_force

(a) With the exception of incidental commodity dealers, nonsecured, every person licensed as a commodity dealer or warehouseman shall have a surety bond and a fire and extended coverage insurance policy, or proof thereof, both of which shall be noncancellable for the term of the license. (b) The surety bond shall provide a reasonable level of protection for those persons storing commodities in the warehouse or selling commodities to a dealer in the event of bankruptcy, fraud, or other occurrence that would deprive the person storing or selling commodities from recovering its value. This surety bond shall be in an amount established by the commissioner by duly promulgated rules. These bonding requirements are subject to a twenty thousand dollar ($20,000) minimum and a five hundred thousand dollar ($500,000) maximum limit. (c) The fire and extended coverage insurance policy shall be in an amount set by the commissioner by rule and regulation. (d) The bond and insurance policy shall be for the benefit of the persons storing commodities with the warehouseman, and shall be conditioned to provide the protection described in this section. (e) The premiums on the bond or insurance shall be paid by the licensee. (f) Any commodity dealer or warehouseman may file with the department, in lieu of a surety bond, a certificate of deposit or an irrevocable letter of credit payable to the department with the commissioner as trustee. The principal amount of the certificate shall be the same as that required for a surety bond under this chapter and the interest thereon shall be made payable to the purchaser thereof. (g) The surety bond or certificate of deposit in effect on the date of a warehouseman's license revocation, license suspension, cessation of operation or date of default as determined by the department shall be liable for and accrue liabilities not to exceed the principal of the surety bond or certificate of deposit. (h) When the department determines that an applicant's or licensee's ability to pay producers for commodities purchased is in question, or when it determines that a commodity dealer or warehouseman does not meet the financial requirements of this chapter, it may require additional collateral security. Such collateral security may include, but is not limited to, irrevocable letters of credit, certificates of deposit, commercial surety bonds, and, on a negotiated basis, mortgages or deeds of trust on real property, personal or corporate guarantees or other guarantees. Failure to post collateral security shall constitute grounds for suspension or revocation of a license issued under this chapter. (i) Any commodity dealer or warehouseman who is of the opinion that such person's net worth and assets are sufficient to guarantee payment to producers for commodities purchased or stored by that person may request the department to be relieved of the obligation of filing a bond in excess of the minimum bond of twenty thousand dollars ($20,000). The conditions under which such requests shall be granted shall be established by the commissioner in duly promulgated rules. (j) A commodity dealer shall be exempt from the bonding requirements of this section if the commodity dealer paid producers in full prior to or on the date of every delivery of commodities accepted for one (1) year prior to the date the request to be exempt is submitted to the department. (k) A commodity dealer exempt from bonding requirements under subsection (j) who pays less than the full amount for commodities prior to or upon delivery, issues a check at the time of delivery that is later dishonored for any reason, or takes any action subsequent to delivery that causes the producer to receive less than the full amount paid at delivery, shall file and maintain a surety bond in the amount required by this section. Amended by 2014 Tenn. Acts, ch. 677,s 1, eff. 4/14/2014. Acts 1989, ch. 232, § 6; 2006, ch. 656, § 4.
(a) With the exception of incidental commodity dealers, nonsecured, every person licensed as a commodity dealer or warehouseman shall have a surety bond and a fire and extended coverage insurance policy, or proof thereof, both of which shall be noncancellable for the term of the license.
(b) The surety bond shall provide a reasonable level of protection for those persons storing commodities in the warehouse or selling commodities to a dealer in the event of bankruptcy, fraud, or other occurrence that would deprive the person storing or selling commodities from recovering its value. This surety bond shall be in an amount established by the commissioner by duly promulgated rules. These bonding requirements are subject to a twenty thousand dollar ($20,000) minimum and a five hundred thousand dollar ($500,000) maximum limit.
(c) The fire and extended coverage insurance policy shall be in an amount set by the commissioner by rule and regulation.
(d) The bond and insurance policy shall be for the benefit of the persons storing commodities with the warehouseman, and shall be conditioned to provide the protection described in this section.
(e) The premiums on the bond or insurance shall be paid by the licensee.
(f) Any commodity dealer or warehouseman may file with the department, in lieu of a surety bond, a certificate of deposit or an irrevocable letter of credit payable to the department with the commissioner as trustee. The principal amount of the certificate shall be the same as that required for a surety bond under this chapter and the interest thereon shall be made payable to the purchaser thereof.
(g) The surety bond or certificate of deposit in effect on the date of a warehouseman's license revocation, license suspension, cessation of operation or date of default as determined by the department shall be liable for and accrue liabilities not to exceed the principal of the surety bond or certificate of deposit.
(h) When the department determines that an applicant's or licensee's ability to pay producers for commodities purchased is in question, or when it determines that a commodity dealer or warehouseman does not meet the financial requirements of this chapter, it may require additional collateral security. Such collateral security may include, but is not limited to, irrevocable letters of credit, certificates of deposit, commercial surety bonds, and, on a negotiated basis, mortgages or deeds of trust on real property, personal or corporate guarantees or other guarantees. Failure to post collateral security shall constitute grounds for suspension or revocation of a license issued under this chapter.
(i) Any commodity dealer or warehouseman who is of the opinion that such person's net worth and assets are sufficient to guarantee payment to producers for commodities purchased or stored by that person may request the department to be relieved of the obligation of filing a bond in excess of the minimum bond of twenty thousand dollars ($20,000). The conditions under which such requests shall be granted shall be established by the commissioner in duly promulgated rules.
(j) A commodity dealer shall be exempt from the bonding requirements of this section if the commodity dealer paid producers in full prior to or on the date of every delivery of commodities accepted for one (1) year prior to the date the request to be exempt is submitted to the department.
(k) A commodity dealer exempt from bonding requirements under subsection (j) who pays less than the full amount for commodities prior to or upon delivery, issues a check at the time of delivery that is later dishonored for any reason, or takes any action subsequent to delivery that causes the producer to receive less than the full amount paid at delivery, shall file and maintain a surety bond in the amount required by this section.
Amended by 2014 Tenn. Acts, ch. 677,s 1, eff. 4/14/2014.
Acts 1989, ch. 232, § 6; 2006, ch. 656, § 4.
Tenn. Code Ann. § 43-38-103 — TN Code / Title 43 / Chapter 38 / Section 43-38-103
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Address" means mailing address, including a zip code. In the case of a registered address, the term means the mailing address and the actual office location, which may not be a post office box; (2) "Articles" or "articles of organization" means articles of organization as originally filed and subsequently amended; (3) "Association" means an organization conducting business under a cooperative plan under the laws of this state; (4) "Board" or "board of directors" means the board of directors of a cooperative; (5) "Business entity" means a corporation, limited liability company, limited liability partnership or other legal entity, association or body vested with the power or function of a legal entity; (6) "Bylaws" means a written agreement described in § 43-38-301 among the members concerning the cooperative; (7) "Commissioner" means the commissioner of agriculture; (8) "Cooperative" means an association organized under this title conducting business on a cooperative plan as provided under this chapter; (9) "Distribution" means a direct or indirect transfer of money or other property, except its own membership interests, with or without consideration, or an incurrence or issuance of indebtedness, whether directly or indirectly, including through a guaranty, by a cooperative to or for the benefit of any of its members in respect of membership interests. A distribution may be in the form of an interim distribution or a liquidation distribution; a purchase, redemption, or other acquisition of its membership interests; a distribution of indebtedness, which includes the incurrence of indebtedness, whether directly or indirectly, including through a guaranty, for the benefit of the members, or otherwise; (10) "Domestic business entity" means a business entity organized under the laws of this state; (11) "Filed with the secretary of state" means that a document meeting the applicable requirements of this chapter, signed and accompanied by the required filing fee, has been delivered to the secretary of state of this state. The secretary of state shall endorse on the document the word "Filed" or a similar word determined by the secretary of state and the month, day, and year of filing, record the document in the office of the secretary of state, and return the document to the person or entity who delivered it for filing; (12) "Financial rights" means a member's right to: (A) Share in profits and losses as provided in §§ 43-38-901 and 43-38-902 ; and (B) Share in distributions as provided in §§ 43-38-901 and 43-38-902 ; (13) "Governance rights" means a right to vote on one (1) or more matters and all a member's rights as a member in the cooperative other than financial rights; (14) "Majority" means, with respect to a vote of the members, if voting on a per capita basis, a majority in number of the members entitled to vote on a specific matter, or if the voting is determined otherwise, a majority of the voting interest, which may be expressed as a percentage, entitled to vote on a specific matter, and with respect to a vote of the directors, a majority in number of the directors entitled to vote on a specific matter; (15) "Member" means a person or entity reflected on the books of the cooperative as the owner of governance rights of a membership interest of the cooperative and includes patron and nonpatron members; (16) "Membership interest" means a member's interest in a cooperative consisting of a member's financial rights, a member's right to assign financial rights, a member's governance rights and a member's right to assign governance rights. Membership interest includes patron membership interests and nonpatron membership interests; (17) "Members' meeting" means a regular or special members' meeting; (18) "Nonpatron membership interest" means a membership interest that does not require the holder to conduct patronage business for or with the cooperative to receive financial rights or distributions; (19) "Patron" means a person or entity who conducts patronage business with the cooperative; (20) "Patron member" means a member holding a patron membership interest; (21) "Patron membership interest" means the membership interest requiring the holder to conduct patronage business for or with the cooperative, as specified by the cooperative to receive financial rights or distributions; (22) "Patronage" means business, transactions, or services done for or with the cooperative as defined by the cooperative; (23) "Required records" are those records required to be maintained under § 43-38-118 ; (24) "Secretary of state" means the person who holds the office of secretary of state of Tennessee. A filing with the secretary of state occurs by a proper filing with the office of the secretary of state. An action required by the secretary of state may be performed by employees or agents of the office of the secretary of state; (25) "Signed" means that the signature of a person has been written on a document, and, with respect to a document required by this chapter to be filed with the secretary of state, means that the document has been signed by a person authorized to do so by this chapter, the articles or bylaws, or by a resolution approved by the directors or the members. A signature on a document may be a facsimile affixed, engraved, printed, placed, stamped with indelible ink, transmitted by facsimile or electronically or in any other manner reproduced on the document; (26) "Surviving entity" means the entity resulting from a merger; (27) "Termination" means the end of a cooperative's existence as a legal entity and occurs when the articles of termination are filed with the secretary of state under § 43-38-1014 or is considered filed with the secretary of state under § 43-38-122 ; and (28) "Written action" means a written document signed by those persons required to take the action described. Acts 2004, ch. 534, § 2.
As used in this chapter, unless the context otherwise requires:
(1) "Address" means mailing address, including a zip code. In the case of a registered address, the term means the mailing address and the actual office location, which may not be a post office box;
(2) "Articles" or "articles of organization" means articles of organization as originally filed and subsequently amended;
(3) "Association" means an organization conducting business under a cooperative plan under the laws of this state;
(4) "Board" or "board of directors" means the board of directors of a cooperative;
(5) "Business entity" means a corporation, limited liability company, limited liability partnership or other legal entity, association or body vested with the power or function of a legal entity;
(6) "Bylaws" means a written agreement described in § 43-38-301 among the members concerning the cooperative;
(7) "Commissioner" means the commissioner of agriculture;
(8) "Cooperative" means an association organized under this title conducting business on a cooperative plan as provided under this chapter;
(9) "Distribution" means a direct or indirect transfer of money or other property, except its own membership interests, with or without consideration, or an incurrence or issuance of indebtedness, whether directly or indirectly, including through a guaranty, by a cooperative to or for the benefit of any of its members in respect of membership interests. A distribution may be in the form of an interim distribution or a liquidation distribution; a purchase, redemption, or other acquisition of its membership interests; a distribution of indebtedness, which includes the incurrence of indebtedness, whether directly or indirectly, including through a guaranty, for the benefit of the members, or otherwise;
(10) "Domestic business entity" means a business entity organized under the laws of this state;
(11) "Filed with the secretary of state" means that a document meeting the applicable requirements of this chapter, signed and accompanied by the required filing fee, has been delivered to the secretary of state of this state. The secretary of state shall endorse on the document the word "Filed" or a similar word determined by the secretary of state and the month, day, and year of filing, record the document in the office of the secretary of state, and return the document to the person or entity who delivered it for filing;
(12) "Financial rights" means a member's right to: (A) Share in profits and losses as provided in §§ 43-38-901 and 43-38-902 ; and (B) Share in distributions as provided in §§ 43-38-901 and 43-38-902 ;
(A) Share in profits and losses as provided in §§ 43-38-901 and 43-38-902 ; and
(B) Share in distributions as provided in §§ 43-38-901 and 43-38-902 ;
(13) "Governance rights" means a right to vote on one (1) or more matters and all a member's rights as a member in the cooperative other than financial rights;
(14) "Majority" means, with respect to a vote of the members, if voting on a per capita basis, a majority in number of the members entitled to vote on a specific matter, or if the voting is determined otherwise, a majority of the voting interest, which may be expressed as a percentage, entitled to vote on a specific matter, and with respect to a vote of the directors, a majority in number of the directors entitled to vote on a specific matter;
(15) "Member" means a person or entity reflected on the books of the cooperative as the owner of governance rights of a membership interest of the cooperative and includes patron and nonpatron members;
(16) "Membership interest" means a member's interest in a cooperative consisting of a member's financial rights, a member's right to assign financial rights, a member's governance rights and a member's right to assign governance rights. Membership interest includes patron membership interests and nonpatron membership interests;
(17) "Members' meeting" means a regular or special members' meeting;
(18) "Nonpatron membership interest" means a membership interest that does not require the holder to conduct patronage business for or with the cooperative to receive financial rights or distributions;
(19) "Patron" means a person or entity who conducts patronage business with the cooperative;
(20) "Patron member" means a member holding a patron membership interest;
(21) "Patron membership interest" means the membership interest requiring the holder to conduct patronage business for or with the cooperative, as specified by the cooperative to receive financial rights or distributions;
(22) "Patronage" means business, transactions, or services done for or with the cooperative as defined by the cooperative;
(23) "Required records" are those records required to be maintained under § 43-38-118 ;
(24) "Secretary of state" means the person who holds the office of secretary of state of Tennessee. A filing with the secretary of state occurs by a proper filing with the office of the secretary of state. An action required by the secretary of state may be performed by employees or agents of the office of the secretary of state;
(25) "Signed" means that the signature of a person has been written on a document, and, with respect to a document required by this chapter to be filed with the secretary of state, means that the document has been signed by a person authorized to do so by this chapter, the articles or bylaws, or by a resolution approved by the directors or the members. A signature on a document may be a facsimile affixed, engraved, printed, placed, stamped with indelible ink, transmitted by facsimile or electronically or in any other manner reproduced on the document;
(26) "Surviving entity" means the entity resulting from a merger;
(27) "Termination" means the end of a cooperative's existence as a legal entity and occurs when the articles of termination are filed with the secretary of state under § 43-38-1014 or is considered filed with the secretary of state under § 43-38-122 ; and
(28) "Written action" means a written document signed by those persons required to take the action described.
Acts 2004, ch. 534, § 2.
Tenn. Code Ann. § 43-28-301 — TN Code / Title 43 / Chapter 28 / Section 43-28-301
Branding authorized - "Timber" defined
Status: in_force

(a) Any person, firm, or corporation dealing in timber is authorized to adopt a brand in the manner and with the effect provided by this part. (b) For the purposes of this part, "timber" means and includes trees, whether standing, lying down, or prepared for sale, sawlogs and other logs, cross and railroad ties, boards, planks, staves and headings, and all other timber cut or prepared for market. Acts 1901, ch. 54, § 1; Shan., § 3608a78; Code 1932, § 6771; T.C.A. (orig. ed.), § 68-301.
(a) Any person, firm, or corporation dealing in timber is authorized to adopt a brand in the manner and with the effect provided by this part.
(b) For the purposes of this part, "timber" means and includes trees, whether standing, lying down, or prepared for sale, sawlogs and other logs, cross and railroad ties, boards, planks, staves and headings, and all other timber cut or prepared for market.
Acts 1901, ch. 54, § 1; Shan., § 3608a78; Code 1932, § 6771; T.C.A. (orig. ed.), § 68-301.
Tenn. Code Ann. § 43-26-104 — TN Code / Title 43 / Chapter 26 / Section 43-26-104
Applicability of chapter - Construction
Status: in_force

This chapter does not affect any rights or duties that exist or mature under title 44, chapter 18. This chapter shall be broadly construed to effectuate its purposes. Amended by 2014 Tenn. Acts, ch. 581,s 4, eff. 3/28/2014. Acts 1982, ch. 609, § 4.
This chapter does not affect any rights or duties that exist or mature under title 44, chapter 18. This chapter shall be broadly construed to effectuate its purposes.
Amended by 2014 Tenn. Acts, ch. 581,s 4, eff. 3/28/2014.
Acts 1982, ch. 609, § 4.
Tenn. Code Ann. § 43-36-103 — TN Code / Title 43 / Chapter 36 / Section 43-36-103
[Repealed]
Status: repealed

Acts 1999, ch. 175, §4; repealed by Acts 2014 , ch. 503, § 2, effective 2/28/2014.
Tenn. Code Ann. § 43-11-115 — TN Code / Title 43 / Chapter 11 / Section 43-11-115
"Stop sale, use, or removal" orders
Status: in_force

The commissioner may issue and enforce a written or printed "stop sale, use, or removal" order to the owner or custodian of any lot of commercial fertilizer, and may order the owner or custodian to hold the fertilizer at a designated place, when the commissioner finds the commercial fertilizer is being offered or exposed for sale in violation of any of the provisions of this part, until the law has been complied with and the commercial fertilizer is released in writing by the commissioner, or the violation has been otherwise legally disposed of by written authority. The commissioner shall release the commercial fertilizer so withdrawn when the requirements of this part have been complied with and all costs and expenses incurred in connection with the withdrawal have been paid. Acts 1969, ch. 102, § 15; T.C.A., § 43-1135.
The commissioner may issue and enforce a written or printed "stop sale, use, or removal" order to the owner or custodian of any lot of commercial fertilizer, and may order the owner or custodian to hold the fertilizer at a designated place, when the commissioner finds the commercial fertilizer is being offered or exposed for sale in violation of any of the provisions of this part, until the law has been complied with and the commercial fertilizer is released in writing by the commissioner, or the violation has been otherwise legally disposed of by written authority. The commissioner shall release the commercial fertilizer so withdrawn when the requirements of this part have been complied with and all costs and expenses incurred in connection with the withdrawal have been paid.
Acts 1969, ch. 102, § 15; T.C.A., § 43-1135.
Tenn. Code Ann. § 43-11-120 — TN Code / Title 43 / Chapter 11 / Section 43-11-120
Prosecution of minor violations not required - Notice of warning
Status: in_force

Nothing in this part shall be construed as requiring the commissioner or the commissioner's representative to report for prosecution or for the institution of seizure proceedings as a result of minor violations of this part when the commissioner believes that the public interests will be best served by a suitable notice of warning in writing. Acts 1969, ch. 102, § 17; T.C.A., § 43-1140.
Nothing in this part shall be construed as requiring the commissioner or the commissioner's representative to report for prosecution or for the institution of seizure proceedings as a result of minor violations of this part when the commissioner believes that the public interests will be best served by a suitable notice of warning in writing.
Acts 1969, ch. 102, § 17; T.C.A., § 43-1140.
Tenn. Code Ann. § 43-20-101 — TN Code / Title 43 / Chapter 20 / Section 43-20-101
Purpose
Status: in_force

The purpose of this part is to promote the growth and development of the soybean industry in Tennessee by research, advertisement, promotions and education and market development, thereby promoting the general welfare of the people of this state. Acts 1977, ch. 208, § 1; T.C.A., § 43-3001.
The purpose of this part is to promote the growth and development of the soybean industry in Tennessee by research, advertisement, promotions and education and market development, thereby promoting the general welfare of the people of this state.
Acts 1977, ch. 208, § 1; T.C.A., § 43-3001.
Tenn. Code Ann. § 43-11-114 — TN Code / Title 43 / Chapter 11 / Section 43-11-114
Penalty for short weight
Status: in_force

If any commercial fertilizer in the possession of the consumer is found by the commissioner to be short in weight, the registrant of the commercial fertilizer shall, within thirty (30) days after official notice from the commissioner, pay to the consumer a penalty equal to three (3) times the value of the actual shortage. Acts 1969, ch. 102, § 14; T.C.A., § 43-1134; Acts 1986, ch. 659, § 9.
If any commercial fertilizer in the possession of the consumer is found by the commissioner to be short in weight, the registrant of the commercial fertilizer shall, within thirty (30) days after official notice from the commissioner, pay to the consumer a penalty equal to three (3) times the value of the actual shortage.
Acts 1969, ch. 102, § 14; T.C.A., § 43-1134; Acts 1986, ch. 659, § 9.
Tenn. Code Ann. § 43-36-105 — TN Code / Title 43 / Chapter 36 / Section 43-36-105
[Repealed]
Status: repealed

Acts 1999, ch. 175, §6; repealed by Acts 2014 , ch. 503, § 2, effective 2/28/2014.