Tenn. Code Ann. § 53-1-303 — TN Code / Title 53 / Chapter 1 / Section 53-1-303
Use of state funds - Funds limited to those provided to state by federal government
Status: in_force

(a) No state funds shall be expended for the purposes of enforcing the standards against agricultural producers that only make sales of produce to: (1) The consumer of the produce; or (2) A restaurant or retail food establishment that is located in this state or not more than two hundred seventy-five (275) miles away from the farm where the produce was produced. (b) The department shall not expend more funds to cooperate with the administration under the standards than the amount of funds that are provided to this state by the federal government for such purposes. Acts 2018, ch. 854, § 1.
(a) No state funds shall be expended for the purposes of enforcing the standards against agricultural producers that only make sales of produce to: (1) The consumer of the produce; or (2) A restaurant or retail food establishment that is located in this state or not more than two hundred seventy-five (275) miles away from the farm where the produce was produced.
(1) The consumer of the produce; or
(2) A restaurant or retail food establishment that is located in this state or not more than two hundred seventy-five (275) miles away from the farm where the produce was produced.
(b) The department shall not expend more funds to cooperate with the administration under the standards than the amount of funds that are provided to this state by the federal government for such purposes.
Acts 2018, ch. 854, § 1.
Tenn. Code Ann. § 53-10-401 — TN Code / Title 53 / Chapter 10 / Section 53-10-401
Tamper-proof prescriptions
Status: in_force

(a) All prescriptions written or printed by practitioners authorized to write prescriptions in this state shall be written on either tamper-resistant prescription paper or printed utilizing a technology that results in a tamper-resistant prescription that meets the current centers for medicare and medicaid services guidance to state medicaid directors regarding § 7002(b) of the United States Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act of 2007, P.L. 110-28, and meets or exceeds specific TennCare requirements for tamper-resistant prescriptions. (b) A pharmacist shall not fill a written prescription from a Tennessee practitioner unless issued in compliance with tamper-resistant prescription requirements as described in subsection (a), except that a pharmacist may provide emergency supplies in accordance with TennCare or other insurance contract requirements. Nothing in this section shall be construed to impact regulations regarding verbal, facsimile, electronic, or out-of-state prescription practices. (c) All existing statutory requirements regarding prescriber-specific information to be included on prescriptions shall also apply to tamper-resistant prescriptions. (d) Unique serial numbers may be included on tamper-resistant prescriptions for purposes of enhancing efforts to track and enforce any potential fraud. Inclusion of such numbers on the prescription shall not be construed as obligating prescribers or pharmacists to any additional tracking, monitoring or reporting requirements and prescribers and pharmacists shall bear no responsibility or liability with respect to the potential use of these unique serial numbers for enforcement purposes. (e) Practitioners shall utilize reasonable safeguards to assure against theft or unauthorized use of any prescriptions. (f) Manufacturers of tamper-resistant prescription paper shall have an annual industry-approved SAS 70 audit that shall be made available by the manufacturer upon request by the board of pharmacy. The board of pharmacy shall maintain a list of any manufacturers who fail to show proof of such audit. The list shall be made available to prescribers and pharmacists in this state in a manner deemed appropriate by the board of pharmacy. (g) This section shall not apply to prescriptions written by veterinarians. (h) This section shall not apply to prescriptions written for inpatients of a hospital, outpatients of a hospital where the doctor, or other person authorized to write prescriptions, writes the order into the hospital medical record and then the order is given directly to the hospital pharmacy and the patient never has the opportunity to handle the written order, a nursing home or an assisted care living facility as defined in § 68-11-201 or inpatients or residents of a mental health hospital or residential facility licensed under title 33 or individuals incarcerated in a local, state or federal correctional facility. Amended by 2013 Tenn. Acts, ch. 74, s 1, eff. 4/1/2013. Acts 2008 , ch. 1035, §§ 1, 9.
(a) All prescriptions written or printed by practitioners authorized to write prescriptions in this state shall be written on either tamper-resistant prescription paper or printed utilizing a technology that results in a tamper-resistant prescription that meets the current centers for medicare and medicaid services guidance to state medicaid directors regarding § 7002(b) of the United States Troop Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability Appropriations Act of 2007, P.L. 110-28, and meets or exceeds specific TennCare requirements for tamper-resistant prescriptions.
(b) A pharmacist shall not fill a written prescription from a Tennessee practitioner unless issued in compliance with tamper-resistant prescription requirements as described in subsection (a), except that a pharmacist may provide emergency supplies in accordance with TennCare or other insurance contract requirements. Nothing in this section shall be construed to impact regulations regarding verbal, facsimile, electronic, or out-of-state prescription practices.
(c) All existing statutory requirements regarding prescriber-specific information to be included on prescriptions shall also apply to tamper-resistant prescriptions.
(d) Unique serial numbers may be included on tamper-resistant prescriptions for purposes of enhancing efforts to track and enforce any potential fraud. Inclusion of such numbers on the prescription shall not be construed as obligating prescribers or pharmacists to any additional tracking, monitoring or reporting requirements and prescribers and pharmacists shall bear no responsibility or liability with respect to the potential use of these unique serial numbers for enforcement purposes.
(e) Practitioners shall utilize reasonable safeguards to assure against theft or unauthorized use of any prescriptions.
(f) Manufacturers of tamper-resistant prescription paper shall have an annual industry-approved SAS 70 audit that shall be made available by the manufacturer upon request by the board of pharmacy. The board of pharmacy shall maintain a list of any manufacturers who fail to show proof of such audit. The list shall be made available to prescribers and pharmacists in this state in a manner deemed appropriate by the board of pharmacy.
(g) This section shall not apply to prescriptions written by veterinarians.
(h) This section shall not apply to prescriptions written for inpatients of a hospital, outpatients of a hospital where the doctor, or other person authorized to write prescriptions, writes the order into the hospital medical record and then the order is given directly to the hospital pharmacy and the patient never has the opportunity to handle the written order, a nursing home or an assisted care living facility as defined in § 68-11-201 or inpatients or residents of a mental health hospital or residential facility licensed under title 33 or individuals incarcerated in a local, state or federal correctional facility.
Amended by 2013 Tenn. Acts, ch. 74, s 1, eff. 4/1/2013.
Acts 2008 , ch. 1035, §§ 1, 9.
Tenn. Code Ann. § 53-7-211 — TN Code / Title 53 / Chapter 7 / Section 53-7-211
Violators entitled to notice and hearing preceding reports of violations to district attorney general - Alternatives to criminal prosecution
Status: in_force

(a) Before any violation of this part is reported by the commissioner to the district attorney general for institution of a criminal proceeding, the person against whom the proceeding is contemplated shall be given reasonable notice of the alleged violation and opportunity to present the person's views orally or in writing with regard to the contemplated proceeding. (b) Nothing in this part shall be construed as requiring the commissioner to report for criminal prosecution violations of this part if the commissioner believes that the public interest will be adequately served and compliance with this part obtained by a suitable written notice or warning. Acts 1967, ch. 99, § 11; T.C.A., § 52-925.
(a) Before any violation of this part is reported by the commissioner to the district attorney general for institution of a criminal proceeding, the person against whom the proceeding is contemplated shall be given reasonable notice of the alleged violation and opportunity to present the person's views orally or in writing with regard to the contemplated proceeding.
(b) Nothing in this part shall be construed as requiring the commissioner to report for criminal prosecution violations of this part if the commissioner believes that the public interest will be adequately served and compliance with this part obtained by a suitable written notice or warning.
Acts 1967, ch. 99, § 11; T.C.A., § 52-925.
Tenn. Code Ann. § 53-1-201 — TN Code / Title 53 / Chapter 1 / Section 53-1-201
Marking of article as detained or embargoed upon probable cause to believe that food, drug, device, or cosmetic is adulterated or misbranded - Petition for order of condemnation - Destruction - Condemnation or destruction of perishable articles - Injunctive relief
Status: in_force

(a) Whenever an agent of the commissioner has probable cause to believe that any food, drug, device, or cosmetic is adulterated or so misbranded as to be dangerous or fraudulent, the agent shall mark the article as "detained" or "embargoed". It is a violation of this chapter for any person to remove or dispose of the detained or embargoed article by sale or otherwise without permission of the agent or the court. (b) When an article detained or embargoed under subsection (a) has been found by the agent to be adulterated or misbranded, the agent shall petition the judge of a circuit or chancery court in whose jurisdiction the article is detained or embargoed for an order of condemnation of the article. If, however, the agent subsequently finds that an article so detained or embargoed is not adulterated or misbranded, or if the agent fails to petition for an order of condemnation within fifteen (15) days of the detainer or embargo, the agent shall remove the marking. (c) If the court finds that a detained or embargoed article is adulterated or misbranded, the article must, after entry of the decree, be destroyed at the expense of the claimant of the detained or embargoed article, under the supervision of the agent, and all court costs and fees, and storage and other proper expenses, shall be taxed against the claimant of the article, unless the adulteration or misbranding can be corrected by proper labeling or processing of the article, in which case the court, after entry of the decree, and after the costs, fees, and expenses have been paid, may, by order, direct that the article be delivered to the claimant of the article for the labeling or processing under the supervision of an agent of the commissioner, with the expense of the supervision to be paid by the claimant. (d) Whenever the commissioner or any of the commissioner's authorized agents find, in any room, building, vehicle of transportation, or other structure, any meat, seafood, poultry, vegetable, fruit, or other perishable articles that are unsound, or contain any filthy, decomposed, or putrid substance, or that may be poisonous or deleterious to health or otherwise unsafe, the meat, seafood, poultry, vegetable, fruit, or other perishable articles being declared to be a nuisance, the commissioner or the commissioner's authorized agent shall immediately condemn or destroy the meat, seafood, poultry, vegetable, fruit, or other perishable articles or in any other manner render the meat, seafood, poultry, vegetable, fruit, or other perishable articles unsalable as human food. (e) In addition to the remedies provided elsewhere in this chapter, the commissioner is authorized to apply to a court of competent jurisdiction, and the court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person from violating § 53-1-103(a) , regardless of whether or not there exists an adequate remedy at law. Added by 2021 Tenn. Acts, ch. 202, s 1, eff. 4/22/2021. Acts 1941, ch. 120, § 4; C. Supp. 1950, § 6580.4; T.C.A. (orig. ed.), § 52-104.
(a) Whenever an agent of the commissioner has probable cause to believe that any food, drug, device, or cosmetic is adulterated or so misbranded as to be dangerous or fraudulent, the agent shall mark the article as "detained" or "embargoed". It is a violation of this chapter for any person to remove or dispose of the detained or embargoed article by sale or otherwise without permission of the agent or the court.
(b) When an article detained or embargoed under subsection (a) has been found by the agent to be adulterated or misbranded, the agent shall petition the judge of a circuit or chancery court in whose jurisdiction the article is detained or embargoed for an order of condemnation of the article. If, however, the agent subsequently finds that an article so detained or embargoed is not adulterated or misbranded, or if the agent fails to petition for an order of condemnation within fifteen (15) days of the detainer or embargo, the agent shall remove the marking.
(c) If the court finds that a detained or embargoed article is adulterated or misbranded, the article must, after entry of the decree, be destroyed at the expense of the claimant of the detained or embargoed article, under the supervision of the agent, and all court costs and fees, and storage and other proper expenses, shall be taxed against the claimant of the article, unless the adulteration or misbranding can be corrected by proper labeling or processing of the article, in which case the court, after entry of the decree, and after the costs, fees, and expenses have been paid, may, by order, direct that the article be delivered to the claimant of the article for the labeling or processing under the supervision of an agent of the commissioner, with the expense of the supervision to be paid by the claimant.
(d) Whenever the commissioner or any of the commissioner's authorized agents find, in any room, building, vehicle of transportation, or other structure, any meat, seafood, poultry, vegetable, fruit, or other perishable articles that are unsound, or contain any filthy, decomposed, or putrid substance, or that may be poisonous or deleterious to health or otherwise unsafe, the meat, seafood, poultry, vegetable, fruit, or other perishable articles being declared to be a nuisance, the commissioner or the commissioner's authorized agent shall immediately condemn or destroy the meat, seafood, poultry, vegetable, fruit, or other perishable articles or in any other manner render the meat, seafood, poultry, vegetable, fruit, or other perishable articles unsalable as human food.
(e) In addition to the remedies provided elsewhere in this chapter, the commissioner is authorized to apply to a court of competent jurisdiction, and the court shall have jurisdiction upon hearing and for cause shown, to grant a temporary or permanent injunction restraining any person from violating § 53-1-103(a) , regardless of whether or not there exists an adequate remedy at law.
Added by 2021 Tenn. Acts, ch. 202, s 1, eff. 4/22/2021.
Acts 1941, ch. 120, § 4; C. Supp. 1950, § 6580.4; T.C.A. (orig. ed.), § 52-104.
Tenn. Code Ann. § 53-7-202 — TN Code / Title 53 / Chapter 7 / Section 53-7-202
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Adulterated" applies to any livestock, deer, or poultry carcass, part of any livestock, deer, or poultry carcass, meat food product or poultry product under one (1) or more of the following circumstances: (A) If it bears or contains any poisonous or deleterious substance that may render it injurious to health. In cases where the substance is not an added substance, the article shall not be considered adulterated under this subdivision (1) if the quantity of the substance does not ordinarily render it injurious to health; (B) If it bears or contains any added poisonous or added deleterious substance, unless the substance is permitted in its production or unavoidable under good manufacturing practices as may be determined by rules and regulations prescribed by the commissioner; provided, that any quantity of the added substances exceeding the limit so fixed shall also be deemed to constitute adulteration; (C) If any substance has been substituted, wholly or in part, for the livestock, deer, or poultry carcass, part of any livestock, deer, or poultry carcass, meat product or poultry product; (D) If damage or inferiority has been concealed in any manner; (E) If any valuable constituent has been, in whole or in part, omitted or abstracted from the livestock, deer, or poultry carcass, part of any livestock, deer, or poultry carcass, meat product or poultry product; or (F) If any substance has been added, mixed or packed with the livestock, deer, or poultry carcass, part of any livestock, deer, or poultry carcass, meat product or poultry product, so as to increase its bulk or weight, to reduce its quality or strength, or to make it appear better or of greater value than it is; (2) "Bait" or "bait and switch" advertising is an alluring or fantastic offer or false and misleading offer that is not a bona fide offer to sell, but that is a means of attracting the prospective customer, the purpose being to sell or switch to some other product; (3) "Carcass" means all parts, including viscera of a slaughtered animal, that are capable of being used for human food; (4) "Commissioner" means the commissioner of agriculture, or any person authorized to act in the commissioner's stead; (5) "Container" and "package" include any box, can, tin, cloth, plastic, or any other receptacle, wrapper or cover; (6) "Custom slaughterer" means a person engaged for profit in this state in the business of slaughtering or dressing animals for human consumption that are not to be sold or offered for sale through a commercial outlet, and may include the boning or cutting up of carcasses of such animals and the grinding, chopping and mixing of the carcasses of animals; (7) "Federal Meat Inspection Act" means the act of congress approved March 4, 1907, as amended and extended, compiled in 21 U.S.C. § 601 et seq., and the imported meat provisions of the Tariff Act of 1930, § 306(b) and (c), as amended ( 19 U.S.C. § 1306(c) [repealed] and 21 U.S.C. § 620 ); (8) "Federal Poultry Products Inspection Act" means the act of congress approved August 28, 1957, as amended, compiled in 21 U.S.C. § 451 et seq.; (9) "Immediate container" means any consumer package, or any other container in which an article, not consumer packaged, is packed; (10) "Inspection service" means the official government service within the department of agriculture of this state designated by the commissioner as having the responsibility for carrying out this part; (11) "Inspector" means an employee or official of this state authorized by the commissioner to inspect the operation and facilities of any custom slaughterhouse or meat or poultry processing establishment; (12) "Intrastate commerce" means commerce within this state; (13) "Label" means any written, printed, or graphic material upon the shipping container, if any, or upon the immediate container, including, but not limited to, an individual consumer package, of an article, or accompanying the article; (14) "Livestock" means cattle, sheep, swine, goats or rabbits; (15) "Meat" means the edible part of the muscle of cattle, deer, sheep, swine or goats that is skeletal or that is found in the tongue, in the diaphragm, in the heart, or in the esophagus, with or without the accompanying and overlying fat, and the portions of bone, skin, sinew, nerve and blood vessels that normally accompany the muscle tissue and that are not separated from it in the process of dressing. It does not include the muscle found in the lips, snout or ears; (16) "Meat by-product" means any edible part other than meat that has been derived from one (1) or more cattle, deer, sheep, swine, goats or rabbits; (17) "Meat food product" means any article of food, or any article intended for or capable of use as human food, that is derived or prepared, in whole or in part, from any portion of any livestock or deer, unless exempted by the commissioner upon the commissioner's determination that the article: (A) Contains only a minimal amount of meat and is not represented as a meat food product; or (B) Is for medicinal purposes and is advertised only to the medical profession; (18) "Official establishment" means any establishment in this state, as determined by the commissioner, at which inspection of the slaughter of livestock or poultry or the processing of livestock, deer, or poultry carcasses or parts of livestock, deer, or poultry carcasses, meat food products, or poultry products, is maintained under the authority of this part; (19) "Official inspection mark" means any symbol, formulated pursuant to rules and regulations prescribed by the commissioner, stating that an article was inspected and passed; (20) "Person" means any individual, partnership, corporation, association, or any other business entity; (21) "Poultry" means any live or slaughtered domesticated bird; (22) "Poultry product" means any poultry that has been slaughtered for human food from which the blood, feathers, feet, head and viscera have been removed in accordance with rules and regulations promulgated by the commissioner, any edible part of poultry, or any human food product consisting of any edible part of poultry separately or in combination with other ingredients. However, any human food product may be exempted from this subdivision (22) by the commissioner upon the commissioner's determination that the product: (A) Contains only a minimal amount of poultry and is not represented as a poultry product; or (B) Is used for medicinal purposes and is advertised only to the medical profession; (23) "Processor" means a person who engages for profit in this state in the business of packing or packaging carcasses, meat, meat food products or meat by-products, or poultry or poultry products, for human consumption, or a person engaged for profit in the business of curing, salting, processing or other preparing of carcasses, meat, meat food products or meat by-products for human consumption; (24) "Shipping container" means any container used or intended for use in packaging the article packed in an immediate container; (25) "Unwholesome" means: (A) Unsound, injurious to health, containing any biological residue not permitted by rules and regulations prescribed by the commissioner, or otherwise rendered unfit for human food; (B) Consisting, in whole or in part, of any filthy, putrid or decomposed substance; (C) Processed, prepared, packed or held under unsanitary conditions whereby any livestock, deer, or poultry carcass or part of any livestock, deer, or poultry carcass or any meat food product or poultry product may have become contaminated with filth or may have been rendered injurious to health; (D) Produced, in whole or in part, from livestock or poultry that is diseased, dead, dying or disabled and that has died otherwise than by slaughter; (E) Produced, in whole or in part, from deer that is diseased, dying, or disabled and that has died otherwise than by lawful harvest; or (F) Packaged in a container composed of any poisonous or deleterious substance that may render the contents injurious to health; and (26) "Wholesome" means sound, healthful, clean and otherwise fit for human food. Acts 1967, ch. 99, § 2; T.C.A., § 52-916; Acts 2007 , ch. 421, §§ 1-7.
As used in this part, unless the context otherwise requires:
(1) "Adulterated" applies to any livestock, deer, or poultry carcass, part of any livestock, deer, or poultry carcass, meat food product or poultry product under one (1) or more of the following circumstances: (A) If it bears or contains any poisonous or deleterious substance that may render it injurious to health. In cases where the substance is not an added substance, the article shall not be considered adulterated under this subdivision (1) if the quantity of the substance does not ordinarily render it injurious to health; (B) If it bears or contains any added poisonous or added deleterious substance, unless the substance is permitted in its production or unavoidable under good manufacturing practices as may be determined by rules and regulations prescribed by the commissioner; provided, that any quantity of the added substances exceeding the limit so fixed shall also be deemed to constitute adulteration; (C) If any substance has been substituted, wholly or in part, for the livestock, deer, or poultry carcass, part of any livestock, deer, or poultry carcass, meat product or poultry product; (D) If damage or inferiority has been concealed in any manner; (E) If any valuable constituent has been, in whole or in part, omitted or abstracted from the livestock, deer, or poultry carcass, part of any livestock, deer, or poultry carcass, meat product or poultry product; or (F) If any substance has been added, mixed or packed with the livestock, deer, or poultry carcass, part of any livestock, deer, or poultry carcass, meat product or poultry product, so as to increase its bulk or weight, to reduce its quality or strength, or to make it appear better or of greater value than it is;
(A) If it bears or contains any poisonous or deleterious substance that may render it injurious to health. In cases where the substance is not an added substance, the article shall not be considered adulterated under this subdivision (1) if the quantity of the substance does not ordinarily render it injurious to health;
(B) If it bears or contains any added poisonous or added deleterious substance, unless the substance is permitted in its production or unavoidable under good manufacturing practices as may be determined by rules and regulations prescribed by the commissioner; provided, that any quantity of the added substances exceeding the limit so fixed shall also be deemed to constitute adulteration;
(C) If any substance has been substituted, wholly or in part, for the livestock, deer, or poultry carcass, part of any livestock, deer, or poultry carcass, meat product or poultry product;
(D) If damage or inferiority has been concealed in any manner;
(E) If any valuable constituent has been, in whole or in part, omitted or abstracted from the livestock, deer, or poultry carcass, part of any livestock, deer, or poultry carcass, meat product or poultry product; or
(F) If any substance has been added, mixed or packed with the livestock, deer, or poultry carcass, part of any livestock, deer, or poultry carcass, meat product or poultry product, so as to increase its bulk or weight, to reduce its quality or strength, or to make it appear better or of greater value than it is;
(2) "Bait" or "bait and switch" advertising is an alluring or fantastic offer or false and misleading offer that is not a bona fide offer to sell, but that is a means of attracting the prospective customer, the purpose being to sell or switch to some other product;
(3) "Carcass" means all parts, including viscera of a slaughtered animal, that are capable of being used for human food;
(4) "Commissioner" means the commissioner of agriculture, or any person authorized to act in the commissioner's stead;
(5) "Container" and "package" include any box, can, tin, cloth, plastic, or any other receptacle, wrapper or cover;
(6) "Custom slaughterer" means a person engaged for profit in this state in the business of slaughtering or dressing animals for human consumption that are not to be sold or offered for sale through a commercial outlet, and may include the boning or cutting up of carcasses of such animals and the grinding, chopping and mixing of the carcasses of animals;
(7) "Federal Meat Inspection Act" means the act of congress approved March 4, 1907, as amended and extended, compiled in 21 U.S.C. § 601 et seq., and the imported meat provisions of the Tariff Act of 1930, § 306(b) and (c), as amended ( 19 U.S.C. § 1306(c) [repealed] and 21 U.S.C. § 620 );
(8) "Federal Poultry Products Inspection Act" means the act of congress approved August 28, 1957, as amended, compiled in 21 U.S.C. § 451 et seq.;
(9) "Immediate container" means any consumer package, or any other container in which an article, not consumer packaged, is packed;
(10) "Inspection service" means the official government service within the department of agriculture of this state designated by the commissioner as having the responsibility for carrying out this part;
(11) "Inspector" means an employee or official of this state authorized by the commissioner to inspect the operation and facilities of any custom slaughterhouse or meat or poultry processing establishment;
(12) "Intrastate commerce" means commerce within this state;
(13) "Label" means any written, printed, or graphic material upon the shipping container, if any, or upon the immediate container, including, but not limited to, an individual consumer package, of an article, or accompanying the article;
(14) "Livestock" means cattle, sheep, swine, goats or rabbits;
(15) "Meat" means the edible part of the muscle of cattle, deer, sheep, swine or goats that is skeletal or that is found in the tongue, in the diaphragm, in the heart, or in the esophagus, with or without the accompanying and overlying fat, and the portions of bone, skin, sinew, nerve and blood vessels that normally accompany the muscle tissue and that are not separated from it in the process of dressing. It does not include the muscle found in the lips, snout or ears;
(16) "Meat by-product" means any edible part other than meat that has been derived from one (1) or more cattle, deer, sheep, swine, goats or rabbits;
(17) "Meat food product" means any article of food, or any article intended for or capable of use as human food, that is derived or prepared, in whole or in part, from any portion of any livestock or deer, unless exempted by the commissioner upon the commissioner's determination that the article: (A) Contains only a minimal amount of meat and is not represented as a meat food product; or (B) Is for medicinal purposes and is advertised only to the medical profession;
(A) Contains only a minimal amount of meat and is not represented as a meat food product; or
(B) Is for medicinal purposes and is advertised only to the medical profession;
(18) "Official establishment" means any establishment in this state, as determined by the commissioner, at which inspection of the slaughter of livestock or poultry or the processing of livestock, deer, or poultry carcasses or parts of livestock, deer, or poultry carcasses, meat food products, or poultry products, is maintained under the authority of this part;
(19) "Official inspection mark" means any symbol, formulated pursuant to rules and regulations prescribed by the commissioner, stating that an article was inspected and passed;
(20) "Person" means any individual, partnership, corporation, association, or any other business entity;
(21) "Poultry" means any live or slaughtered domesticated bird;
(22) "Poultry product" means any poultry that has been slaughtered for human food from which the blood, feathers, feet, head and viscera have been removed in accordance with rules and regulations promulgated by the commissioner, any edible part of poultry, or any human food product consisting of any edible part of poultry separately or in combination with other ingredients. However, any human food product may be exempted from this subdivision (22) by the commissioner upon the commissioner's determination that the product: (A) Contains only a minimal amount of poultry and is not represented as a poultry product; or (B) Is used for medicinal purposes and is advertised only to the medical profession;
(A) Contains only a minimal amount of poultry and is not represented as a poultry product; or
(B) Is used for medicinal purposes and is advertised only to the medical profession;
(23) "Processor" means a person who engages for profit in this state in the business of packing or packaging carcasses, meat, meat food products or meat by-products, or poultry or poultry products, for human consumption, or a person engaged for profit in the business of curing, salting, processing or other preparing of carcasses, meat, meat food products or meat by-products for human consumption;
(24) "Shipping container" means any container used or intended for use in packaging the article packed in an immediate container;
(25) "Unwholesome" means: (A) Unsound, injurious to health, containing any biological residue not permitted by rules and regulations prescribed by the commissioner, or otherwise rendered unfit for human food; (B) Consisting, in whole or in part, of any filthy, putrid or decomposed substance; (C) Processed, prepared, packed or held under unsanitary conditions whereby any livestock, deer, or poultry carcass or part of any livestock, deer, or poultry carcass or any meat food product or poultry product may have become contaminated with filth or may have been rendered injurious to health; (D) Produced, in whole or in part, from livestock or poultry that is diseased, dead, dying or disabled and that has died otherwise than by slaughter; (E) Produced, in whole or in part, from deer that is diseased, dying, or disabled and that has died otherwise than by lawful harvest; or (F) Packaged in a container composed of any poisonous or deleterious substance that may render the contents injurious to health; and
(A) Unsound, injurious to health, containing any biological residue not permitted by rules and regulations prescribed by the commissioner, or otherwise rendered unfit for human food;
(B) Consisting, in whole or in part, of any filthy, putrid or decomposed substance;
(C) Processed, prepared, packed or held under unsanitary conditions whereby any livestock, deer, or poultry carcass or part of any livestock, deer, or poultry carcass or any meat food product or poultry product may have become contaminated with filth or may have been rendered injurious to health;
(D) Produced, in whole or in part, from livestock or poultry that is diseased, dead, dying or disabled and that has died otherwise than by slaughter;
(E) Produced, in whole or in part, from deer that is diseased, dying, or disabled and that has died otherwise than by lawful harvest; or
(F) Packaged in a container composed of any poisonous or deleterious substance that may render the contents injurious to health; and
(26) "Wholesome" means sound, healthful, clean and otherwise fit for human food.
Acts 1967, ch. 99, § 2; T.C.A., § 52-916; Acts 2007 , ch. 421, §§ 1-7.
Tenn. Code Ann. § 53-8-118 — TN Code / Title 53 / Chapter 8 / Section 53-8-118
Employee health
Status: in_force

(a) When the commissioner has reasonable cause to suspect possible disease transmission by an employee of the facility, the commissioner may secure information about any recent illness of the employee or make other investigations as may be indicated. The commissioner may require any of the following: (1) The immediate exclusion of the employee from employment in the food establishment; (2) The immediate closing of the facility until, in the commissioner's opinion, no further danger of disease outbreak exists; (3) Restricting the employee's service to some area of the facility where there would be little likelihood of transmitting disease; or (4) Adequate medical and laboratory examinations of the employee and of other employees. (b) A person in charge, having been provided by the employee with written documentation from a person who practices in a medical profession in accordance with title 63 that the employee has been diagnosed with a condition set forth in Chapter 2, § 2-201.11(B)(2) of the Food Code shall have an affirmative duty to notify the commissioner or the commissioner's designee. A person in charge shall not be required to obtain medical records from a prospective employee prior to hiring such individual as an employee. Acts 2013, ch. 182, § 18; T.C.A., § 53-8-218 .
(a) When the commissioner has reasonable cause to suspect possible disease transmission by an employee of the facility, the commissioner may secure information about any recent illness of the employee or make other investigations as may be indicated. The commissioner may require any of the following: (1) The immediate exclusion of the employee from employment in the food establishment; (2) The immediate closing of the facility until, in the commissioner's opinion, no further danger of disease outbreak exists; (3) Restricting the employee's service to some area of the facility where there would be little likelihood of transmitting disease; or (4) Adequate medical and laboratory examinations of the employee and of other employees.
(1) The immediate exclusion of the employee from employment in the food establishment;
(2) The immediate closing of the facility until, in the commissioner's opinion, no further danger of disease outbreak exists;
(3) Restricting the employee's service to some area of the facility where there would be little likelihood of transmitting disease; or
(4) Adequate medical and laboratory examinations of the employee and of other employees.
(b) A person in charge, having been provided by the employee with written documentation from a person who practices in a medical profession in accordance with title 63 that the employee has been diagnosed with a condition set forth in Chapter 2, § 2-201.11(B)(2) of the Food Code shall have an affirmative duty to notify the commissioner or the commissioner's designee. A person in charge shall not be required to obtain medical records from a prospective employee prior to hiring such individual as an employee.
Acts 2013, ch. 182, § 18; T.C.A., § 53-8-218 .
Tenn. Code Ann. § 53-3-306 — TN Code / Title 53 / Chapter 3 / Section 53-3-306
Labeling
Status: in_force

The milk solids not fat (SNF) content and butterfat content shall be included on the labeling of all quantities and containers of Tennessee prime milk sold at retail. Acts 2010, ch. 627, § 7.
The milk solids not fat (SNF) content and butterfat content shall be included on the labeling of all quantities and containers of Tennessee prime milk sold at retail.
Acts 2010, ch. 627, § 7.
Tenn. Code Ann. § 53-8-102 — TN Code / Title 53 / Chapter 8 / Section 53-8-102
Purpose
Status: in_force

It is the purpose of this chapter to ensure that foods offered for public consumption in this state are safe as prepared, processed, served, packaged, and delivered. Food service establishments that are located within retail food stores are subject to this chapter and exempt from regulation in accordance with the Tennessee Food Safety Act, compiled in title 68, chapter 14, part 7. Repealed by 2017 Tenn. Acts, ch. 150, s 5, eff. 4/17/2017. Acts 1909, ch. 473, § 1; Shan., § 3473a40; Code 1932, § 6597; T.C.A. (orig. ed.), § 52-1003.
It is the purpose of this chapter to ensure that foods offered for public consumption in this state are safe as prepared, processed, served, packaged, and delivered. Food service establishments that are located within retail food stores are subject to this chapter and exempt from regulation in accordance with the Tennessee Food Safety Act, compiled in title 68, chapter 14, part 7.
Repealed by 2017 Tenn. Acts, ch. 150, s 5, eff. 4/17/2017.
Acts 1909, ch. 473, § 1; Shan., § 3473a40; Code 1932, § 6597; T.C.A. (orig. ed.), § 52-1003.
Tenn. Code Ann. § 53-3-106 — TN Code / Title 53 / Chapter 3 / Section 53-3-106
Manufacturer, plant and distributor licenses
Status: in_force

(a) (1) Frozen Dessert Manufacturer's License. For purposes of licensing under this chapter, a dairy products plant that manufactures or packages frozen desserts, such as ice cream, ice cream mix, ice milk, ice milk mix, ice, or ice sherbets, or any trade product made in semblance of these products or that may be used as a substitute for these products, shall be licensed as a frozen dessert manufacturer. Any person making frozen dessert for sale shall be required to procure from the commissioner an annual frozen dessert manufacturer's license for each location or plant where frozen dessert is manufactured. The license fee for a frozen dessert manufacturer's license shall be set by rule pursuant to § 43-1-703 . (2) Dairy Plant or Trade Products Plant License, or Both. A dairy products plant or trade products plant that manufactures, processes, or packages any dairy products or trade products other than those listed as frozen desserts in subdivision (a)(1) shall be required to have a dairy plant license. Every person buying or receiving milk, cream, or dairy products from another for manufacturing, processing, or packaging shall be required to procure from the commissioner an annual dairy plant or trade products plant license for each location where milk, cream, dairy products, or trade products are received for the purpose of manufacturing, processing, or packaging. The license fees for a plant license shall be set by rule pursuant to § 43-1-703 . (3) Receiving Plant License. Any plant where fluid milk or cream not in consumer packages is received on consignment or otherwise, stored, or transported, but where packaging, processing, or manufacturing does not occur, shall be required to have an annual receiving plant license for each location or plant where milk or cream is received. The license fee for a receiving plant license shall be set by rule pursuant to § 43-1-703 . (4) Distributor's License. Every person buying or receiving from another person dairy products or frozen desserts or trade products, as defined in this chapter for the purpose of resale, shall be required to procure from the commissioner an annual distributor's license; provided, that no distributor's license shall be required of any license holder, licensed under this section, that delivers or distributes its own products. No distributor's license shall be required of any person who sells dairy products or trade products in hotels, restaurants, retail stores, or supermarkets if the dairy products or trade products have been delivered to the location of the hotel, restaurant, retail store, or supermarket by a licensed frozen dessert manufacturer, licensed dairy plant or trade product plant operator, or licensed distributor. No distributor's license shall be required of a receiving plant. The license fee for a distributor's license shall be set by rule pursuant to § 43-1-703 . (b) (1) (A) Application for the license provided for in this section shall be made on forms prescribed by the commissioner and shall be accompanied by the required fee. (B) The license is to be issued by the commissioner after inspection and approval by the commissioner of the sanitary conditions of the place of business of the applicant. (C) Persons buying or receiving milk or cream from another, for sale or manufacture on the basis of the chemical or physical constituents in the milk or cream, or manufacturing or offering for sale dairy products or trade products as defined in this chapter, shall comply with and be governed by this chapter and all rules and regulations issued by the commissioner under authority of this chapter. (D) All licenses provided for in this section shall become due on July 1 of each year, and shall not be transferable. (2) The commissioner, in issuing or renewing a license, shall give equal consideration to the location and person requesting the license, and the commissioner shall refuse to issue a license if, for any reason, in the commissioner's opinion, the location is unsatisfactory or the person is unqualified. Amended by 2015 Tenn. Acts, ch. 485,s 34, eff. 7/1/2015. Acts 1970, ch. 577, § 2; T.C.A. § 52-306; Acts 1997, ch. 75, § 1; 2002, ch. 640, §§ 25 - 28.
(a) (1) Frozen Dessert Manufacturer's License. For purposes of licensing under this chapter, a dairy products plant that manufactures or packages frozen desserts, such as ice cream, ice cream mix, ice milk, ice milk mix, ice, or ice sherbets, or any trade product made in semblance of these products or that may be used as a substitute for these products, shall be licensed as a frozen dessert manufacturer. Any person making frozen dessert for sale shall be required to procure from the commissioner an annual frozen dessert manufacturer's license for each location or plant where frozen dessert is manufactured. The license fee for a frozen dessert manufacturer's license shall be set by rule pursuant to § 43-1-703 . (2) Dairy Plant or Trade Products Plant License, or Both. A dairy products plant or trade products plant that manufactures, processes, or packages any dairy products or trade products other than those listed as frozen desserts in subdivision (a)(1) shall be required to have a dairy plant license. Every person buying or receiving milk, cream, or dairy products from another for manufacturing, processing, or packaging shall be required to procure from the commissioner an annual dairy plant or trade products plant license for each location where milk, cream, dairy products, or trade products are received for the purpose of manufacturing, processing, or packaging. The license fees for a plant license shall be set by rule pursuant to § 43-1-703 . (3) Receiving Plant License. Any plant where fluid milk or cream not in consumer packages is received on consignment or otherwise, stored, or transported, but where packaging, processing, or manufacturing does not occur, shall be required to have an annual receiving plant license for each location or plant where milk or cream is received. The license fee for a receiving plant license shall be set by rule pursuant to § 43-1-703 . (4) Distributor's License. Every person buying or receiving from another person dairy products or frozen desserts or trade products, as defined in this chapter for the purpose of resale, shall be required to procure from the commissioner an annual distributor's license; provided, that no distributor's license shall be required of any license holder, licensed under this section, that delivers or distributes its own products. No distributor's license shall be required of any person who sells dairy products or trade products in hotels, restaurants, retail stores, or supermarkets if the dairy products or trade products have been delivered to the location of the hotel, restaurant, retail store, or supermarket by a licensed frozen dessert manufacturer, licensed dairy plant or trade product plant operator, or licensed distributor. No distributor's license shall be required of a receiving plant. The license fee for a distributor's license shall be set by rule pursuant to § 43-1-703 .
(1) Frozen Dessert Manufacturer's License. For purposes of licensing under this chapter, a dairy products plant that manufactures or packages frozen desserts, such as ice cream, ice cream mix, ice milk, ice milk mix, ice, or ice sherbets, or any trade product made in semblance of these products or that may be used as a substitute for these products, shall be licensed as a frozen dessert manufacturer. Any person making frozen dessert for sale shall be required to procure from the commissioner an annual frozen dessert manufacturer's license for each location or plant where frozen dessert is manufactured. The license fee for a frozen dessert manufacturer's license shall be set by rule pursuant to § 43-1-703 .
(2) Dairy Plant or Trade Products Plant License, or Both. A dairy products plant or trade products plant that manufactures, processes, or packages any dairy products or trade products other than those listed as frozen desserts in subdivision (a)(1) shall be required to have a dairy plant license. Every person buying or receiving milk, cream, or dairy products from another for manufacturing, processing, or packaging shall be required to procure from the commissioner an annual dairy plant or trade products plant license for each location where milk, cream, dairy products, or trade products are received for the purpose of manufacturing, processing, or packaging. The license fees for a plant license shall be set by rule pursuant to § 43-1-703 .
(3) Receiving Plant License. Any plant where fluid milk or cream not in consumer packages is received on consignment or otherwise, stored, or transported, but where packaging, processing, or manufacturing does not occur, shall be required to have an annual receiving plant license for each location or plant where milk or cream is received. The license fee for a receiving plant license shall be set by rule pursuant to § 43-1-703 .
(4) Distributor's License. Every person buying or receiving from another person dairy products or frozen desserts or trade products, as defined in this chapter for the purpose of resale, shall be required to procure from the commissioner an annual distributor's license; provided, that no distributor's license shall be required of any license holder, licensed under this section, that delivers or distributes its own products. No distributor's license shall be required of any person who sells dairy products or trade products in hotels, restaurants, retail stores, or supermarkets if the dairy products or trade products have been delivered to the location of the hotel, restaurant, retail store, or supermarket by a licensed frozen dessert manufacturer, licensed dairy plant or trade product plant operator, or licensed distributor. No distributor's license shall be required of a receiving plant. The license fee for a distributor's license shall be set by rule pursuant to § 43-1-703 .
(b) (1) (A) Application for the license provided for in this section shall be made on forms prescribed by the commissioner and shall be accompanied by the required fee. (B) The license is to be issued by the commissioner after inspection and approval by the commissioner of the sanitary conditions of the place of business of the applicant. (C) Persons buying or receiving milk or cream from another, for sale or manufacture on the basis of the chemical or physical constituents in the milk or cream, or manufacturing or offering for sale dairy products or trade products as defined in this chapter, shall comply with and be governed by this chapter and all rules and regulations issued by the commissioner under authority of this chapter. (D) All licenses provided for in this section shall become due on July 1 of each year, and shall not be transferable. (2) The commissioner, in issuing or renewing a license, shall give equal consideration to the location and person requesting the license, and the commissioner shall refuse to issue a license if, for any reason, in the commissioner's opinion, the location is unsatisfactory or the person is unqualified.
(1) (A) Application for the license provided for in this section shall be made on forms prescribed by the commissioner and shall be accompanied by the required fee. (B) The license is to be issued by the commissioner after inspection and approval by the commissioner of the sanitary conditions of the place of business of the applicant. (C) Persons buying or receiving milk or cream from another, for sale or manufacture on the basis of the chemical or physical constituents in the milk or cream, or manufacturing or offering for sale dairy products or trade products as defined in this chapter, shall comply with and be governed by this chapter and all rules and regulations issued by the commissioner under authority of this chapter. (D) All licenses provided for in this section shall become due on July 1 of each year, and shall not be transferable.
(A) Application for the license provided for in this section shall be made on forms prescribed by the commissioner and shall be accompanied by the required fee.
(B) The license is to be issued by the commissioner after inspection and approval by the commissioner of the sanitary conditions of the place of business of the applicant.
(C) Persons buying or receiving milk or cream from another, for sale or manufacture on the basis of the chemical or physical constituents in the milk or cream, or manufacturing or offering for sale dairy products or trade products as defined in this chapter, shall comply with and be governed by this chapter and all rules and regulations issued by the commissioner under authority of this chapter.
(D) All licenses provided for in this section shall become due on July 1 of each year, and shall not be transferable.
(2) The commissioner, in issuing or renewing a license, shall give equal consideration to the location and person requesting the license, and the commissioner shall refuse to issue a license if, for any reason, in the commissioner's opinion, the location is unsatisfactory or the person is unqualified.
Amended by 2015 Tenn. Acts, ch. 485,s 34, eff. 7/1/2015.
Acts 1970, ch. 577, § 2; T.C.A. § 52-306; Acts 1997, ch. 75, § 1; 2002, ch. 640, §§ 25 - 28.
Tenn. Code Ann. § 53-10-205 — TN Code / Title 53 / Chapter 10 / Section 53-10-205
Least expensive generic equivalent if authorized by prescriber
Status: in_force

(a) When a pharmacist receives a written, verbal, electronic or facsimile prescription order, and the prescriber has not noted medical necessity of the brand name prescribed, as required in § 53-10-204 , the pharmacist shall dispense the least expensive generic equivalent in stock, or a generic equivalent covered under the patient's drug plan, except as provided in subsections (c) and (d). (b) A pharmacist shall make a reasonable attempt to notify a prescriber if a generic equivalent has become available since the last dispensing of a prescription, and, if authorized by the prescriber, the pharmacist shall dispense the least expensive generic equivalent in stock, or a generic equivalent covered under the patient's drug plan. (c) If a pharmacist has reason to believe that the brand name drug or drug product is less expensive to the patient or patient's drug plan than the generic equivalent, the pharmacist shall fill the prescription with the brand name drug or drug product. (d) Nothing in this section shall be construed as prohibiting a pharmacist from complying with the request of a patient with a valid prescription order to obtain a brand name drug or drug product, if: (1) The patient has prescription drug coverage under a prescription benefit plan and agrees to pay the additional cost, if any, of purchasing the brand name drug or drug product, as that cost is determined according to the benefits provided by the patient's prescription benefit plan and when cost sharing that would be required to cover the additional cost is permissible under the patient's prescription benefit plan guidelines and all applicable laws and regulations; or (2) The patient does not have a prescription benefit plan or the patient's prescription benefit plan does not provide coverage for the brand name drug or drug product, and the patient agrees to pay the entire cost at the pharmacy of the brand name drug or drug product. Acts 2005, ch. 434, § 7; 2006, ch. 564, § 3.
(a) When a pharmacist receives a written, verbal, electronic or facsimile prescription order, and the prescriber has not noted medical necessity of the brand name prescribed, as required in § 53-10-204 , the pharmacist shall dispense the least expensive generic equivalent in stock, or a generic equivalent covered under the patient's drug plan, except as provided in subsections (c) and (d).
(b) A pharmacist shall make a reasonable attempt to notify a prescriber if a generic equivalent has become available since the last dispensing of a prescription, and, if authorized by the prescriber, the pharmacist shall dispense the least expensive generic equivalent in stock, or a generic equivalent covered under the patient's drug plan.
(c) If a pharmacist has reason to believe that the brand name drug or drug product is less expensive to the patient or patient's drug plan than the generic equivalent, the pharmacist shall fill the prescription with the brand name drug or drug product.
(d) Nothing in this section shall be construed as prohibiting a pharmacist from complying with the request of a patient with a valid prescription order to obtain a brand name drug or drug product, if: (1) The patient has prescription drug coverage under a prescription benefit plan and agrees to pay the additional cost, if any, of purchasing the brand name drug or drug product, as that cost is determined according to the benefits provided by the patient's prescription benefit plan and when cost sharing that would be required to cover the additional cost is permissible under the patient's prescription benefit plan guidelines and all applicable laws and regulations; or (2) The patient does not have a prescription benefit plan or the patient's prescription benefit plan does not provide coverage for the brand name drug or drug product, and the patient agrees to pay the entire cost at the pharmacy of the brand name drug or drug product.
(1) The patient has prescription drug coverage under a prescription benefit plan and agrees to pay the additional cost, if any, of purchasing the brand name drug or drug product, as that cost is determined according to the benefits provided by the patient's prescription benefit plan and when cost sharing that would be required to cover the additional cost is permissible under the patient's prescription benefit plan guidelines and all applicable laws and regulations; or
(2) The patient does not have a prescription benefit plan or the patient's prescription benefit plan does not provide coverage for the brand name drug or drug product, and the patient agrees to pay the entire cost at the pharmacy of the brand name drug or drug product.
Acts 2005, ch. 434, § 7; 2006, ch. 564, § 3.
Tenn. Code Ann. § 53-7-307 — TN Code / Title 53 / Chapter 7 / Section 53-7-307
Injunctive relief
Status: in_force

In addition to the remedies provided in this part, the commissioner may apply to any chancery court, and the chancery court shall have jurisdiction, for a temporary or permanent injunction restraining any person from violating this part, regardless of whether or not there exists an adequate remedy at law. Acts 1972, ch. 604, § 7; T.C.A., § 52-941.
In addition to the remedies provided in this part, the commissioner may apply to any chancery court, and the chancery court shall have jurisdiction, for a temporary or permanent injunction restraining any person from violating this part, regardless of whether or not there exists an adequate remedy at law.
Acts 1972, ch. 604, § 7; T.C.A., § 52-941.
Tenn. Code Ann. § 53-11-410 — TN Code / Title 53 / Chapter 11 / Section 53-11-410
Evidence - Immunity from liability
Status: in_force

(a) It is not necessary for the state to negate any exemption or exception in part 3 of this chapter and this part, or title 39, chapter 17, part 4, in any complaint, information, indictment or other pleading or in any trial, hearing or other proceeding under part 3 of this chapter and this part, or title 39, chapter 17, part 4. The burden of proof of any exemption or exception is upon the person claiming it. (b) In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under part 3 of this chapter and this part, or title 39, chapter 17, part 4, the person is presumed not to be the holder of the registration or form. The burden of proof is upon the person to rebut the presumption. (c) No liability is imposed by part 3 of this chapter and this part, or title 39, chapter 17, part 4, upon any authorized state, county or municipal officer, engaged in the lawful performance of the officer's duties. Acts 1971, ch. 163, § 37; T.C.A., § 52-1444; Acts 1990, ch. 1030, § 38.
(a) It is not necessary for the state to negate any exemption or exception in part 3 of this chapter and this part, or title 39, chapter 17, part 4, in any complaint, information, indictment or other pleading or in any trial, hearing or other proceeding under part 3 of this chapter and this part, or title 39, chapter 17, part 4. The burden of proof of any exemption or exception is upon the person claiming it.
(b) In the absence of proof that a person is the duly authorized holder of an appropriate registration or order form issued under part 3 of this chapter and this part, or title 39, chapter 17, part 4, the person is presumed not to be the holder of the registration or form. The burden of proof is upon the person to rebut the presumption.
(c) No liability is imposed by part 3 of this chapter and this part, or title 39, chapter 17, part 4, upon any authorized state, county or municipal officer, engaged in the lawful performance of the officer's duties.
Acts 1971, ch. 163, § 37; T.C.A., § 52-1444; Acts 1990, ch. 1030, § 38.
Tenn. Code Ann. § 53-10-106 — TN Code / Title 53 / Chapter 10 / Section 53-10-106
Adulterated drugs or devices
Status: in_force

(a) (1) Any drug or device that is misbranded, out of date, old, deteriorated, not kept under proper refrigeration as required, or that has been exposed to fire, heat, smoke, water, flood or windstorm damage is deemed to be adulterated, and the possession, sale or distribution of those drugs or devices is prohibited. (2) Any drug or device that is deemed misbranded or adulterated by federal law is deemed misbranded or adulterated within the purview of this section. (b) The drugs or devices listed in subsection (a) are subject to seizure and subsequent destruction unless specifically exempted by the board of pharmacy. (c) Prior to the destruction of any drugs or devices deemed to be adulterated, the owner or person in legal possession of the drugs or devices shall be given written notice of the intent to destroy the drug or device and the reason for the destruction. (d) The owner or person in legal possession shall have ten (10) days from the receipt of the written notice to request in writing a hearing to show cause to the board why the drugs or devices are not within the purview of this section. Acts 1973, ch. 110, § 14; T.C.A., § 52-1209.
(a) (1) Any drug or device that is misbranded, out of date, old, deteriorated, not kept under proper refrigeration as required, or that has been exposed to fire, heat, smoke, water, flood or windstorm damage is deemed to be adulterated, and the possession, sale or distribution of those drugs or devices is prohibited. (2) Any drug or device that is deemed misbranded or adulterated by federal law is deemed misbranded or adulterated within the purview of this section.
(1) Any drug or device that is misbranded, out of date, old, deteriorated, not kept under proper refrigeration as required, or that has been exposed to fire, heat, smoke, water, flood or windstorm damage is deemed to be adulterated, and the possession, sale or distribution of those drugs or devices is prohibited.
(2) Any drug or device that is deemed misbranded or adulterated by federal law is deemed misbranded or adulterated within the purview of this section.
(b) The drugs or devices listed in subsection (a) are subject to seizure and subsequent destruction unless specifically exempted by the board of pharmacy.
(c) Prior to the destruction of any drugs or devices deemed to be adulterated, the owner or person in legal possession of the drugs or devices shall be given written notice of the intent to destroy the drug or device and the reason for the destruction.
(d) The owner or person in legal possession shall have ten (10) days from the receipt of the written notice to request in writing a hearing to show cause to the board why the drugs or devices are not within the purview of this section.
Acts 1973, ch. 110, § 14; T.C.A., § 52-1209.
Tenn. Code Ann. § 53-10-208 — TN Code / Title 53 / Chapter 10 / Section 53-10-208
Source of products substituted - FDA approval required
Status: in_force

(a) In making substitutions as allowed by this part, the pharmacist may use drugs and drug products manufactured within the territorial limits of any one (1) of the states of the United States, or of any other country, if the products have been approved by the federal food and drug administration (FDA), and have been given an "A" therapeutic equivalent rating by the FDA in the agency's publication, "Approved Drug Products with Therapeutic Equivalence Evaluations", also known as the "Orange Book". "A" rated drug products are those that the FDA considers to be therapeutically equivalent to other pharmaceutically equivalent products, including, but not limited to, drug products for which: (1) There are no known or suspected bioequivalence problems and are designated "AA", "AN", "AO", "AP" or "AT", depending on the dosage form; or (2) Actual or potential bioequivalence problems have been resolved with adequate in vivo or in vitro evidence supporting bioequivalence and are designated "AB". (b) This section shall not apply to generic drugs and drug products that have not been rated. (c) For those drugs that have not been evaluated and rated for bioequivalency by the FDA, pharmacists are permitted to use their professional judgment in selecting a generic product for substitution. Acts 2005, ch. 434, § 10; 2006, ch. 866, § 1.
(a) In making substitutions as allowed by this part, the pharmacist may use drugs and drug products manufactured within the territorial limits of any one (1) of the states of the United States, or of any other country, if the products have been approved by the federal food and drug administration (FDA), and have been given an "A" therapeutic equivalent rating by the FDA in the agency's publication, "Approved Drug Products with Therapeutic Equivalence Evaluations", also known as the "Orange Book". "A" rated drug products are those that the FDA considers to be therapeutically equivalent to other pharmaceutically equivalent products, including, but not limited to, drug products for which: (1) There are no known or suspected bioequivalence problems and are designated "AA", "AN", "AO", "AP" or "AT", depending on the dosage form; or (2) Actual or potential bioequivalence problems have been resolved with adequate in vivo or in vitro evidence supporting bioequivalence and are designated "AB".
(1) There are no known or suspected bioequivalence problems and are designated "AA", "AN", "AO", "AP" or "AT", depending on the dosage form; or
(2) Actual or potential bioequivalence problems have been resolved with adequate in vivo or in vitro evidence supporting bioequivalence and are designated "AB".
(b) This section shall not apply to generic drugs and drug products that have not been rated.
(c) For those drugs that have not been evaluated and rated for bioequivalency by the FDA, pharmacists are permitted to use their professional judgment in selecting a generic product for substitution.
Acts 2005, ch. 434, § 10; 2006, ch. 866, § 1.
Tenn. Code Ann. § 53-8-112 — TN Code / Title 53 / Chapter 8 / Section 53-8-112
Application for permit after revocation
Status: in_force

Whenever revocation of a permit becomes final, upon demonstration that the conditions which led to the revocation have been cured, the holder of the revoked permit may make written application for a new permit. Repealed by 2017 Tenn. Acts, ch. 150, s 5, eff. 4/17/2017. Acts 1909, ch. 473, § 7; Shan., § 3473a51; Code 1932, § 6608; T.C.A. (orig. ed.), § 52-1013.
Whenever revocation of a permit becomes final, upon demonstration that the conditions which led to the revocation have been cured, the holder of the revoked permit may make written application for a new permit.
Repealed by 2017 Tenn. Acts, ch. 150, s 5, eff. 4/17/2017.
Acts 1909, ch. 473, § 7; Shan., § 3473a51; Code 1932, § 6608; T.C.A. (orig. ed.), § 52-1013.
Tenn. Code Ann. § 53-2-109 — TN Code / Title 53 / Chapter 2 / Section 53-2-109
[Repealed]
Status: repealed

Repealed by 2020 Tenn. Acts, ch. 727, s 2, eff. 6/22/2020. Amended by 2015 Tenn. Acts, ch. 485, s 32, eff. 7/1/2015. Acts 1951, ch. 124, § 7; 1953, ch. 98, § 3 (Williams, § 6579.35); 1955, ch. 9, § 2; 1981, ch. 322, § 9; T.C.A. (orig. ed.), § 52-209.
Repealed by 2020 Tenn. Acts, ch. 727, s 2, eff. 6/22/2020.
Amended by 2015 Tenn. Acts, ch. 485, s 32, eff. 7/1/2015.
Acts 1951, ch. 124, § 7; 1953, ch. 98, § 3 (Williams, § 6579.35); 1955, ch. 9, § 2; 1981, ch. 322, § 9; T.C.A. (orig. ed.), § 52-209.
Tenn. Code Ann. § 53-7-301 — TN Code / Title 53 / Chapter 7 / Section 53-7-301
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Biological Residue Act of 1972." Acts 1972, ch. 604, § 1; T.C.A., § 52-935.
This part shall be known and may be cited as the "Tennessee Biological Residue Act of 1972."
Acts 1972, ch. 604, § 1; T.C.A., § 52-935.
Tenn. Code Ann. § 53-8-113 — TN Code / Title 53 / Chapter 8 / Section 53-8-113
Permit fees
Status: in_force

The permit fee to operate a food establishment shall be set by rule pursuant to § 43-1-703 . Repealed by 2017 Tenn. Acts, ch. 150, s 5, eff. 4/17/2017. Acts 1909, ch. 473, § 9; Shan., § 3473a53; mod. Code 1932, § 6610; T.C.A. (orig. ed.), § 52-1014.
The permit fee to operate a food establishment shall be set by rule pursuant to § 43-1-703 .
Repealed by 2017 Tenn. Acts, ch. 150, s 5, eff. 4/17/2017.
Acts 1909, ch. 473, § 9; Shan., § 3473a53; mod. Code 1932, § 6610; T.C.A. (orig. ed.), § 52-1014.
Tenn. Code Ann. § 53-1-113 — TN Code / Title 53 / Chapter 1 / Section 53-1-113
False advertising
Status: in_force

(a) An advertisement of a food, drug, device or cosmetic shall be deemed to be false if it is false or misleading in any particular. (b) For the purpose of this chapter, the advertisement of a drug or device representing it to have any effect in albuminuria, appendicitis, arteriosclerosis, blood poison, bone disease, Bright's disease, cancer, carbuncles, cholocystitis, diabetes, diphtheria, dropsy, erysipelas, gallstones, heart and vascular diseases, high blood pressure, mastoiditis, measles, meningitis, mumps, nephritis, otitis media, paralysis, pneumonia, poliomyelitis or infantile paralysis, prostate gland disorder, pyelitis, scarlet fever, sexual impotence, sinus infection, smallpox, tuberculosis, tumors, typhoid, uremia, or venereal disease, shall also be deemed to be false; provided, that no advertisement not in violation of subsection (a) shall be deemed to be false under this subsection (b) if it is disseminated only to members of the medical, dental, pharmaceutical or veterinary professions, or appears only in the scientific periodicals of these professions, or is disseminated only for the purpose of public health education by persons not commercially interested, directly or indirectly, in the sale of the drugs or devices; provided, further, that, whenever the commissioner determines that an advance in medical science has made any type of self-medication safe as to any of the diseases listed in this subsection (b), the commissioner shall by regulation authorize the advertisement of drugs having curative or therapeutic effect for the disease, subject to conditions and restrictions that the commissioner may deem necessary in the interests of public health; provided, further, that this subsection (b) shall not be construed as indicating that self-medication for diseases other than those listed is safe or efficacious. Acts 1941, ch. 120, § 20; C. Supp. 1950, § 6580.20; T.C.A. (orig. ed.), § 52-120.
(a) An advertisement of a food, drug, device or cosmetic shall be deemed to be false if it is false or misleading in any particular.
(b) For the purpose of this chapter, the advertisement of a drug or device representing it to have any effect in albuminuria, appendicitis, arteriosclerosis, blood poison, bone disease, Bright's disease, cancer, carbuncles, cholocystitis, diabetes, diphtheria, dropsy, erysipelas, gallstones, heart and vascular diseases, high blood pressure, mastoiditis, measles, meningitis, mumps, nephritis, otitis media, paralysis, pneumonia, poliomyelitis or infantile paralysis, prostate gland disorder, pyelitis, scarlet fever, sexual impotence, sinus infection, smallpox, tuberculosis, tumors, typhoid, uremia, or venereal disease, shall also be deemed to be false; provided, that no advertisement not in violation of subsection (a) shall be deemed to be false under this subsection (b) if it is disseminated only to members of the medical, dental, pharmaceutical or veterinary professions, or appears only in the scientific periodicals of these professions, or is disseminated only for the purpose of public health education by persons not commercially interested, directly or indirectly, in the sale of the drugs or devices; provided, further, that, whenever the commissioner determines that an advance in medical science has made any type of self-medication safe as to any of the diseases listed in this subsection (b), the commissioner shall by regulation authorize the advertisement of drugs having curative or therapeutic effect for the disease, subject to conditions and restrictions that the commissioner may deem necessary in the interests of public health; provided, further, that this subsection (b) shall not be construed as indicating that self-medication for diseases other than those listed is safe or efficacious.
Acts 1941, ch. 120, § 20; C. Supp. 1950, § 6580.20; T.C.A. (orig. ed.), § 52-120.
Tenn. Code Ann. § 53-11-309 — TN Code / Title 53 / Chapter 11 / Section 53-11-309
Reporting persons obtaining or attempting to obtain controlled substances - Immunity - Exception
Status: in_force

(a) Any physician, dentist, optometrist, podiatrist, veterinarian, pharmacist, advanced practice registered nurse with a certificate of fitness issued under title 63, chapter 7, or physician assistant, hereinafter referred to collectively as "health care providers", who has actual knowledge that a person has knowingly, willfully and with intent to deceive, obtained or attempted to obtain controlled substances in the manner prohibited by § 53-11-402(a)(6) shall cause a report to be submitted regarding such activity within five (5) business days of obtaining such knowledge. The report should be submitted to the local law enforcement agency where the health care provider is located or, where one exists, to a judicial district or multi-judicial district drug task force. The controlled substance database advisory committee established by § 53-10-303 shall develop a form by no later than August 1, 2010, that health care providers may choose to use to make reports. The department of health shall make the form available on its website. (b) Any physician or advanced practice registered nurse with a certificate of fitness issued under title 63, chapter 7, or physician assistant who has actual knowledge that a person has knowingly, willfully and with the intent to deceive, obtained or attempted to obtain controlled substances in the manner prohibited by § 53-11-402(a)(6) and who is providing treatment to a person with a mental illness as defined in § 33-1-101 may, but is not required to, report as provided for under subsection (a). (c) If the health care provider's actual knowledge of conduct prohibited by § 53-11-402(a)(6) is a result of the health care provider accessing the information available in the controlled substance database established in § 53-10-304 , then notwithstanding the confidentiality provisions in § 53-10-306 , the local law enforcement agency or, where one exists, a judicial district or multi-judicial district drug task force may receive from the health care provider only the pertinent information from the database for the thirty (30) days prior to the date of treatment leading to the alleged offense which ostensibly demonstrates non-compliance with § 53-11-402(a)(6) . A report with information from the database not exceeding thirty (30) days prior to the date of treatment made under this provision to local law enforcement or, where one exists, to a judicial district or multi-judicial district drug task force is sufficient grounds for the production of complete or more detailed controlled substance database information for purposes of a criminal investigation or pending prosecution pursuant to the procedures established by § 53-10-306(b) . (d) A health care provider, or any person under the direction of the health care provider or any entity that assumes the responsibility of reporting for the provider who furnishes any information in good faith is immune from liability if a complaint, report, information, or record is furnished to a law enforcement agency. (e) This section shall not apply in the case of a person who, on the date of treatment by the health care provider, is enrolled in or covered by TennCare. Amended by 2016 Tenn. Acts, ch. 980, s 3, eff. 7/1/2016. Acts 2009 , ch. 67, § 1; 2010 , ch. 663, § 1; 2012 , ch. 880, § 22.
(a) Any physician, dentist, optometrist, podiatrist, veterinarian, pharmacist, advanced practice registered nurse with a certificate of fitness issued under title 63, chapter 7, or physician assistant, hereinafter referred to collectively as "health care providers", who has actual knowledge that a person has knowingly, willfully and with intent to deceive, obtained or attempted to obtain controlled substances in the manner prohibited by § 53-11-402(a)(6) shall cause a report to be submitted regarding such activity within five (5) business days of obtaining such knowledge. The report should be submitted to the local law enforcement agency where the health care provider is located or, where one exists, to a judicial district or multi-judicial district drug task force. The controlled substance database advisory committee established by § 53-10-303 shall develop a form by no later than August 1, 2010, that health care providers may choose to use to make reports. The department of health shall make the form available on its website.
(b) Any physician or advanced practice registered nurse with a certificate of fitness issued under title 63, chapter 7, or physician assistant who has actual knowledge that a person has knowingly, willfully and with the intent to deceive, obtained or attempted to obtain controlled substances in the manner prohibited by § 53-11-402(a)(6) and who is providing treatment to a person with a mental illness as defined in § 33-1-101 may, but is not required to, report as provided for under subsection (a).
(c) If the health care provider's actual knowledge of conduct prohibited by § 53-11-402(a)(6) is a result of the health care provider accessing the information available in the controlled substance database established in § 53-10-304 , then notwithstanding the confidentiality provisions in § 53-10-306 , the local law enforcement agency or, where one exists, a judicial district or multi-judicial district drug task force may receive from the health care provider only the pertinent information from the database for the thirty (30) days prior to the date of treatment leading to the alleged offense which ostensibly demonstrates non-compliance with § 53-11-402(a)(6) . A report with information from the database not exceeding thirty (30) days prior to the date of treatment made under this provision to local law enforcement or, where one exists, to a judicial district or multi-judicial district drug task force is sufficient grounds for the production of complete or more detailed controlled substance database information for purposes of a criminal investigation or pending prosecution pursuant to the procedures established by § 53-10-306(b) .
(d) A health care provider, or any person under the direction of the health care provider or any entity that assumes the responsibility of reporting for the provider who furnishes any information in good faith is immune from liability if a complaint, report, information, or record is furnished to a law enforcement agency.
(e) This section shall not apply in the case of a person who, on the date of treatment by the health care provider, is enrolled in or covered by TennCare.
Amended by 2016 Tenn. Acts, ch. 980, s 3, eff. 7/1/2016.
Acts 2009 , ch. 67, § 1; 2010 , ch. 663, § 1; 2012 , ch. 880, § 22.
Tenn. Code Ann. § 53-10-202 — TN Code / Title 53 / Chapter 10 / Section 53-10-202
Legislative intent
Status: in_force

The general assembly declares it to be the public policy that, in order to lower the cost of prescription drugs to its citizens, pharmacists may substitute less costly generic drugs or drug products for higher priced brand name or trade name drugs or drug products. Acts 2005, ch. 434, § 4.
The general assembly declares it to be the public policy that, in order to lower the cost of prescription drugs to its citizens, pharmacists may substitute less costly generic drugs or drug products for higher priced brand name or trade name drugs or drug products.
Acts 2005, ch. 434, § 4.
Tenn. Code Ann. § 53-11-204 — TN Code / Title 53 / Chapter 11 / Section 53-11-204
Disposition of proceeds
Status: in_force

The proceeds of all seizures, confiscations and sales made by a state agency pursuant to this chapter shall be transmitted to the state treasurer and deposited in the state treasury; provided, that upon application of the commissioner, the proceeds or any part of the proceeds may be allocated by the commissioner of finance and administration to the department of safety as expendable receipts for use in the enforcement of this chapter and the other laws of this state regulating narcotic drugs and marijuana. Acts 1955, ch. 83, § 7; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; Acts 1976, ch. 499, § 2; T.C.A., § 52-1407.
The proceeds of all seizures, confiscations and sales made by a state agency pursuant to this chapter shall be transmitted to the state treasurer and deposited in the state treasury; provided, that upon application of the commissioner, the proceeds or any part of the proceeds may be allocated by the commissioner of finance and administration to the department of safety as expendable receipts for use in the enforcement of this chapter and the other laws of this state regulating narcotic drugs and marijuana.
Acts 1955, ch. 83, § 7; impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; Acts 1976, ch. 499, § 2; T.C.A., § 52-1407.
Tenn. Code Ann. § 53-10-301 — TN Code / Title 53 / Chapter 10 / Section 53-10-301
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Prescription Safety Act of 2016". Acts 2002, ch. 840, § 1; 2012 , ch. 880, § 1.
This part shall be known and may be cited as the "Tennessee Prescription Safety Act of 2016".
Acts 2002, ch. 840, § 1; 2012 , ch. 880, § 1.
Tenn. Code Ann. § 53-11-203 — TN Code / Title 53 / Chapter 11 / Section 53-11-203
Procedure final when no claim interposed
Status: in_force

If no claim is interposed, narcotic drugs, marijuana or other property shall be forfeited without further proceedings and the drugs, marijuana or other property shall be sold or disposed of as provided in this chapter. Acts 1955, ch. 83, § 6; T.C.A., § 52-1406.
If no claim is interposed, narcotic drugs, marijuana or other property shall be forfeited without further proceedings and the drugs, marijuana or other property shall be sold or disposed of as provided in this chapter.
Acts 1955, ch. 83, § 6; T.C.A., § 52-1406.
Tenn. Code Ann. § 53-11-302 — TN Code / Title 53 / Chapter 11 / Section 53-11-302
Handlers of controlled substances - Registration and inspection
Status: in_force

(a) Every person who manufactures, distributes, dispenses, or is a third-party logistics provider for any controlled substance pursuant to § 53-11-301 within this state or who proposes to engage in the manufacture, distribution, dispensing, warehousing, or providing logistics services for any controlled substance within this state, shall annually obtain a registration issued by the board of pharmacy and the appropriate occupational or professional licensing board governing persons who may legally dispense controlled substances in accordance with the licensing board's rules. (b) Persons registered by the board of pharmacy and the appropriate occupational or professional licensing board governing persons who may legally dispense controlled substances under this part, part 4 of this chapter, and title 39, chapter 17, part 4, to manufacture, distribute, dispense, warehouse, or provide logistics services for controlled substances may possess, manufacture, warehouse, distribute, or dispense those substances to the extent authorized by their registration and in conformity with this section. (c) The following persons need not register and may lawfully possess controlled substances under this part, part 4 of this chapter and title 39, chapter 17, part 4: (1) A common or contract carrier or warehouseman, or an employee of a common or contract carrier or warehouseman, whose possession of any controlled substance is in the usual course of business or employment; or (2) An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a practitioner or in lawful possession of a Schedule V substance. (d) The board of pharmacy and the appropriate occupational or professional licensing board governing persons who may legally dispense controlled substances may waive by rule the requirement for registration of certain manufacturers, distributors, dispensers, or entities providing warehousing or logistics services if they find it consistent with the public health and safety. (e) A separate registration is required at each principal place of business or professional practice where the applicant manufactures, distributes or dispenses controlled substances. (f) The board of pharmacy and the appropriate occupational or professional licensing board governing persons who may legally dispense controlled substances may inspect the establishment of a registrant or applicant for registration in accordance with the board's rules and regulations. Amended by 2015 Tenn. Acts, ch. 293,s 1, eff. 4/24/2015. Acts 1971, ch. 163, § 18; 1977, ch. 180, § 3; T.C.A., § 52-1425; Acts 1996, ch. 675, §§ 51, 52.
(a) Every person who manufactures, distributes, dispenses, or is a third-party logistics provider for any controlled substance pursuant to § 53-11-301 within this state or who proposes to engage in the manufacture, distribution, dispensing, warehousing, or providing logistics services for any controlled substance within this state, shall annually obtain a registration issued by the board of pharmacy and the appropriate occupational or professional licensing board governing persons who may legally dispense controlled substances in accordance with the licensing board's rules.
(b) Persons registered by the board of pharmacy and the appropriate occupational or professional licensing board governing persons who may legally dispense controlled substances under this part, part 4 of this chapter, and title 39, chapter 17, part 4, to manufacture, distribute, dispense, warehouse, or provide logistics services for controlled substances may possess, manufacture, warehouse, distribute, or dispense those substances to the extent authorized by their registration and in conformity with this section.
(c) The following persons need not register and may lawfully possess controlled substances under this part, part 4 of this chapter and title 39, chapter 17, part 4: (1) A common or contract carrier or warehouseman, or an employee of a common or contract carrier or warehouseman, whose possession of any controlled substance is in the usual course of business or employment; or (2) An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a practitioner or in lawful possession of a Schedule V substance.
(1) A common or contract carrier or warehouseman, or an employee of a common or contract carrier or warehouseman, whose possession of any controlled substance is in the usual course of business or employment; or
(2) An ultimate user or a person in possession of any controlled substance pursuant to a lawful order of a practitioner or in lawful possession of a Schedule V substance.
(d) The board of pharmacy and the appropriate occupational or professional licensing board governing persons who may legally dispense controlled substances may waive by rule the requirement for registration of certain manufacturers, distributors, dispensers, or entities providing warehousing or logistics services if they find it consistent with the public health and safety.
(e) A separate registration is required at each principal place of business or professional practice where the applicant manufactures, distributes or dispenses controlled substances.
(f) The board of pharmacy and the appropriate occupational or professional licensing board governing persons who may legally dispense controlled substances may inspect the establishment of a registrant or applicant for registration in accordance with the board's rules and regulations.
Amended by 2015 Tenn. Acts, ch. 293,s 1, eff. 4/24/2015.
Acts 1971, ch. 163, § 18; 1977, ch. 180, § 3; T.C.A., § 52-1425; Acts 1996, ch. 675, §§ 51, 52.
Tenn. Code Ann. § 53-10-309 — TN Code / Title 53 / Chapter 10 / Section 53-10-309
Reports
Status: in_force

The commissioner or commissioner's designee shall report annually on the outcome of the program with respect to its effect on distribution and abuse of controlled substances, including recommendations for improving control and prevention of diversion of controlled substances in this state. The committee, its designee, or the commissioner shall also file an annual report with the health and welfare committee of the senate and the health committee of the house of representatives by March 1, 2017, and each March 1 thereafter, to include analysis about tracking the individuals or entities that access the database and the security measures taken to ensure that only authorized persons or entities access the database. In addition to the annual report submitted to the general assembly by the commissioner, authorized committee, board, or department personnel engaged in analysis of controlled substance prescription information as a part of the assigned duties and responsibilities of their employment shall release information from the database requested by a member of the general assembly that is related to research, statistical analysis, or education of healthcare practitioners relative to controlled substances. However, no report released pursuant to this section shall contain the name or other identifying information of a specific healthcare practitioner or specific healthcare practitioner delegate contained in the report. All information released from the database for such a report shall be in the aggregate. Acts 2002, ch. 840, § 1; 2007 , ch. 498, § 3; 2011 , ch. 310, § 5; 2012 , ch. 880, §§ 19, 26; 2013 , ch. 236, § 50.
The commissioner or commissioner's designee shall report annually on the outcome of the program with respect to its effect on distribution and abuse of controlled substances, including recommendations for improving control and prevention of diversion of controlled substances in this state. The committee, its designee, or the commissioner shall also file an annual report with the health and welfare committee of the senate and the health committee of the house of representatives by March 1, 2017, and each March 1 thereafter, to include analysis about tracking the individuals or entities that access the database and the security measures taken to ensure that only authorized persons or entities access the database. In addition to the annual report submitted to the general assembly by the commissioner, authorized committee, board, or department personnel engaged in analysis of controlled substance prescription information as a part of the assigned duties and responsibilities of their employment shall release information from the database requested by a member of the general assembly that is related to research, statistical analysis, or education of healthcare practitioners relative to controlled substances. However, no report released pursuant to this section shall contain the name or other identifying information of a specific healthcare practitioner or specific healthcare practitioner delegate contained in the report. All information released from the database for such a report shall be in the aggregate.
Acts 2002, ch. 840, § 1; 2007 , ch. 498, § 3; 2011 , ch. 310, § 5; 2012 , ch. 880, §§ 19, 26; 2013 , ch. 236, § 50.
Tenn. Code Ann. § 53-10-303 — TN Code / Title 53 / Chapter 10 / Section 53-10-303
Controlled substance database committee
Status: in_force

(a) There is created the controlled substance database committee. The committee members shall be: (1) One (1) of the governor-appointed licensed members of each of the following healthcare professional licensure boards or committees to be chosen by the licensing board or committee: (A) The board of medical examiners; (B) The board of osteopathic examination; (C) The board of dentistry; (D) The board of podiatric medical examiners; (E) The board of optometry; (F) The board of veterinary medical examiners; (G) The board of nursing; (H) The board of physician assistants; and (I) The board of pharmacy; and (2) One (1) of the members of the board of pharmacy and one (1) of the members of the board of medical examiners who were appointed to those boards to represent the general public. The boards shall choose those representatives. (b) The committee shall have a chair and vice chair, who shall be elected annually from its members. (c) The committee shall meet at least annually and as often as deemed necessary either at the call of the chair or upon request of at least three (3) members of the committee. A quorum for purposes of official actions by the committee shall be six (6) members. (d) The members of the committee chosen to serve by the respective licensure boards and committees, while serving on this committee, shall be deemed to be performing official duties as members of their respective board or committee and shall be entitled to the same per diem and travel reimbursements as they would receive for performing their duties for their respective board or committee. The respective board or committee of each member shall pay such per diem and travel reimbursement. (e) At all times, except when considering, reviewing, discussing, advising, or taking action in reference to specifically named individuals or healthcare practitioners identified from information contained in, or reported to the database, the committee shall be subject to title 8, chapter 44, part 1, regarding public meetings. (f) Pursuant to § 53-10-311 and the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, the commissioner shall have the authority to promulgate rules as necessary for implementation of this part regarding: (1) Establishing, maintaining, and operating the database; (2) Access to the database and how access is obtained; (3) Control and dissemination of data and information in the database; (4) The control, sharing, and dissemination of data and information in the database with other states, other governmental entities, and other entities acting on behalf of any such state or governmental entity; and (5) Establishing the morphine milligram equivalent calculation for an opioid drug contained in Schedules II-V for purposes of § 63-1-164 ; provided, that if no such rule is promulgated for an opioid drug, the morphine milligram equivalent calculation established by the federal centers for disease control and prevention for that drug shall be used. (g) The committee shall advise the commissioner with respect to any contemplated rulemaking under this part. The committee may make formal recommendations to the commissioner. (h) (1) The committee and the commissioner shall have the right to examine database information to identify unusual patterns of prescribing, distributing, or dispensing controlled substances that appear to be higher than normal, taking into account the particular specialty, circumstances, patient type, or location of the healthcare practitioner. (2) If the committee or the commissioner determines that a healthcare practitioner has an unusually high pattern of prescribing, distributing, or dispensing controlled substances that is not explained by other factors, the committee or the commissioner shall refer the healthcare practitioner to the appropriate licensing board. (3) If an investigator in service of a health-related board as licensed under title 63 or title 68 has reason to believe during any part of an investigation that a healthcare practitioner is in violation of a criminal law, the investigator is authorized to report the conduct to the appropriate law enforcement personnel. Acts 2016, ch. 1002, § 3; 2018, ch. 1039, § 1. Amended by 2023 Tenn. Acts, ch. 188, s 1, eff. 4/24/2023. Amended by 2022 Tenn. Acts, ch. 825, s 2, eff. 4/14/2022. Amended by 2021 Tenn. Acts, ch. 565, Secs.s 4, s 4 eff. 5/26/2021. Amended by 2021 Tenn. Acts, ch. 136, s 3, eff. 4/13/2021. Amended by 2018 Tenn. Acts, ch. 1039, Sec.s 1, eff. 7/1/2018 and s 9 eff. 7/1/2023.
(a) There is created the controlled substance database committee. The committee members shall be: (1) One (1) of the governor-appointed licensed members of each of the following healthcare professional licensure boards or committees to be chosen by the licensing board or committee: (A) The board of medical examiners; (B) The board of osteopathic examination; (C) The board of dentistry; (D) The board of podiatric medical examiners; (E) The board of optometry; (F) The board of veterinary medical examiners; (G) The board of nursing; (H) The board of physician assistants; and (I) The board of pharmacy; and (2) One (1) of the members of the board of pharmacy and one (1) of the members of the board of medical examiners who were appointed to those boards to represent the general public. The boards shall choose those representatives.
(1) One (1) of the governor-appointed licensed members of each of the following healthcare professional licensure boards or committees to be chosen by the licensing board or committee: (A) The board of medical examiners; (B) The board of osteopathic examination; (C) The board of dentistry; (D) The board of podiatric medical examiners; (E) The board of optometry; (F) The board of veterinary medical examiners; (G) The board of nursing; (H) The board of physician assistants; and (I) The board of pharmacy; and
(A) The board of medical examiners;
(B) The board of osteopathic examination;
(C) The board of dentistry;
(D) The board of podiatric medical examiners;
(E) The board of optometry;
(F) The board of veterinary medical examiners;
(G) The board of nursing;
(H) The board of physician assistants; and
(I) The board of pharmacy; and
(2) One (1) of the members of the board of pharmacy and one (1) of the members of the board of medical examiners who were appointed to those boards to represent the general public. The boards shall choose those representatives.
(b) The committee shall have a chair and vice chair, who shall be elected annually from its members.
(c) The committee shall meet at least annually and as often as deemed necessary either at the call of the chair or upon request of at least three (3) members of the committee. A quorum for purposes of official actions by the committee shall be six (6) members.
(d) The members of the committee chosen to serve by the respective licensure boards and committees, while serving on this committee, shall be deemed to be performing official duties as members of their respective board or committee and shall be entitled to the same per diem and travel reimbursements as they would receive for performing their duties for their respective board or committee. The respective board or committee of each member shall pay such per diem and travel reimbursement.
(e) At all times, except when considering, reviewing, discussing, advising, or taking action in reference to specifically named individuals or healthcare practitioners identified from information contained in, or reported to the database, the committee shall be subject to title 8, chapter 44, part 1, regarding public meetings.
(f) Pursuant to § 53-10-311 and the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, the commissioner shall have the authority to promulgate rules as necessary for implementation of this part regarding: (1) Establishing, maintaining, and operating the database; (2) Access to the database and how access is obtained; (3) Control and dissemination of data and information in the database; (4) The control, sharing, and dissemination of data and information in the database with other states, other governmental entities, and other entities acting on behalf of any such state or governmental entity; and (5) Establishing the morphine milligram equivalent calculation for an opioid drug contained in Schedules II-V for purposes of § 63-1-164 ; provided, that if no such rule is promulgated for an opioid drug, the morphine milligram equivalent calculation established by the federal centers for disease control and prevention for that drug shall be used.
(1) Establishing, maintaining, and operating the database;
(2) Access to the database and how access is obtained;
(3) Control and dissemination of data and information in the database;
(4) The control, sharing, and dissemination of data and information in the database with other states, other governmental entities, and other entities acting on behalf of any such state or governmental entity; and
(5) Establishing the morphine milligram equivalent calculation for an opioid drug contained in Schedules II-V for purposes of § 63-1-164 ; provided, that if no such rule is promulgated for an opioid drug, the morphine milligram equivalent calculation established by the federal centers for disease control and prevention for that drug shall be used.
(g) The committee shall advise the commissioner with respect to any contemplated rulemaking under this part. The committee may make formal recommendations to the commissioner.
(h) (1) The committee and the commissioner shall have the right to examine database information to identify unusual patterns of prescribing, distributing, or dispensing controlled substances that appear to be higher than normal, taking into account the particular specialty, circumstances, patient type, or location of the healthcare practitioner. (2) If the committee or the commissioner determines that a healthcare practitioner has an unusually high pattern of prescribing, distributing, or dispensing controlled substances that is not explained by other factors, the committee or the commissioner shall refer the healthcare practitioner to the appropriate licensing board. (3) If an investigator in service of a health-related board as licensed under title 63 or title 68 has reason to believe during any part of an investigation that a healthcare practitioner is in violation of a criminal law, the investigator is authorized to report the conduct to the appropriate law enforcement personnel.
(1) The committee and the commissioner shall have the right to examine database information to identify unusual patterns of prescribing, distributing, or dispensing controlled substances that appear to be higher than normal, taking into account the particular specialty, circumstances, patient type, or location of the healthcare practitioner.
(2) If the committee or the commissioner determines that a healthcare practitioner has an unusually high pattern of prescribing, distributing, or dispensing controlled substances that is not explained by other factors, the committee or the commissioner shall refer the healthcare practitioner to the appropriate licensing board.
(3) If an investigator in service of a health-related board as licensed under title 63 or title 68 has reason to believe during any part of an investigation that a healthcare practitioner is in violation of a criminal law, the investigator is authorized to report the conduct to the appropriate law enforcement personnel.
Acts 2016, ch. 1002, § 3; 2018, ch. 1039, § 1.
Amended by 2023 Tenn. Acts, ch. 188, s 1, eff. 4/24/2023.
Amended by 2022 Tenn. Acts, ch. 825, s 2, eff. 4/14/2022.
Amended by 2021 Tenn. Acts, ch. 565, Secs.s 4, s 4 eff. 5/26/2021.
Amended by 2021 Tenn. Acts, ch. 136, s 3, eff. 4/13/2021.
Amended by 2018 Tenn. Acts, ch. 1039, Sec.s 1, eff. 7/1/2018 and s 9 eff. 7/1/2023.
Tenn. Code Ann. § 53-8-105 — TN Code / Title 53 / Chapter 8 / Section 53-8-105
Appropriation of moneys
Status: in_force

All moneys coming into the state treasury pursuant to this chapter from fees, fines, and penalties shall be appropriated to the department for the payment of necessary expenses incident to the administration of this chapter, as determined by the commissioner. Any unexpended balance of the fund in any fiscal year shall be retained by the department to be used to provide or expand training for food service operators and the department's food safety staff. Repealed by 2017 Tenn. Acts, ch. 150, s 5, eff. 4/17/2017. Acts 1909, ch. 473, § 3; Shan., § 3473a45; Code 1932, § 6602; T.C.A. (orig. ed.), § 52-1006.
All moneys coming into the state treasury pursuant to this chapter from fees, fines, and penalties shall be appropriated to the department for the payment of necessary expenses incident to the administration of this chapter, as determined by the commissioner. Any unexpended balance of the fund in any fiscal year shall be retained by the department to be used to provide or expand training for food service operators and the department's food safety staff.
Repealed by 2017 Tenn. Acts, ch. 150, s 5, eff. 4/17/2017.
Acts 1909, ch. 473, § 3; Shan., § 3473a45; Code 1932, § 6602; T.C.A. (orig. ed.), § 52-1006.
Tenn. Code Ann. § 53-13-101 — TN Code / Title 53 / Chapter 13 / Section 53-13-101
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Apparently wholesome deer meat" means deer meat that complies with applicable standards, requirements, and procedures established by the department of agriculture; (2) "Apparently wholesome food" means food that meets all standards of quality established by local, county, state and federal agricultural and health laws and regulations, even though the food is not readily marketable due to appearance; age; freshness, including bearing a past-due expiration date, sell-by date, use-by date, or other date; grade; size; surplus; or other condition. "Apparently wholesome food" does not include canned goods that are leaking, swollen, dented on a seam, or no longer airtight; and (3) "Gleaner" means a person who harvests for free distribution an agricultural crop that has been donated by the owner. Amended by 2020 Tenn. Acts, ch. 592, Secs.s1, s2 eff. 3/20/2020. Acts 1980, ch. 773, § 1; T.C.A., § 52-1601; Acts 1989, ch. 476, § 1; 1992, ch. 862, § 2.
As used in this chapter, unless the context otherwise requires:
(1) "Apparently wholesome deer meat" means deer meat that complies with applicable standards, requirements, and procedures established by the department of agriculture;
(2) "Apparently wholesome food" means food that meets all standards of quality established by local, county, state and federal agricultural and health laws and regulations, even though the food is not readily marketable due to appearance; age; freshness, including bearing a past-due expiration date, sell-by date, use-by date, or other date; grade; size; surplus; or other condition. "Apparently wholesome food" does not include canned goods that are leaking, swollen, dented on a seam, or no longer airtight; and
(3) "Gleaner" means a person who harvests for free distribution an agricultural crop that has been donated by the owner.
Amended by 2020 Tenn. Acts, ch. 592, Secs.s1, s2 eff. 3/20/2020.
Acts 1980, ch. 773, § 1; T.C.A., § 52-1601; Acts 1989, ch. 476, § 1; 1992, ch. 862, § 2.
Tenn. Code Ann. § 53-13-105 — TN Code / Title 53 / Chapter 13 / Section 53-13-105
Compliance with Food, Drug and Cosmetic Act
Status: in_force

The qualification of civil liability provided under this chapter shall apply only to food that meets the standards of the Tennessee Food, Drug and Cosmetic Act, compiled in chapter 1 of this title, or the regulations under that chapter, and shall not apply to food that was unfit for human consumption at the time of distribution. Acts 1980, ch. 773, § 1; T.C.A., § 52-1605.
The qualification of civil liability provided under this chapter shall apply only to food that meets the standards of the Tennessee Food, Drug and Cosmetic Act, compiled in chapter 1 of this title, or the regulations under that chapter, and shall not apply to food that was unfit for human consumption at the time of distribution.
Acts 1980, ch. 773, § 1; T.C.A., § 52-1605.
Tenn. Code Ann. § 53-8-122 — TN Code / Title 53 / Chapter 8 / Section 53-8-122
Injunctions
Status: in_force

When the commissioner has reason to believe that a person has caused, is causing, or is about to cause a violation of this chapter or the rules and regulations promulgated under this chapter, the commissioner may initiate proceedings in either the chancery court of Davidson County or the chancery court of the county where the violation is occurring for injunctive relief to prevent the continuance of the violation or to correct the conditions resulting in, or about to result in, the violation. Acts 1986, ch. 633, § 23; T.C.A., § 53-8-222 .
When the commissioner has reason to believe that a person has caused, is causing, or is about to cause a violation of this chapter or the rules and regulations promulgated under this chapter, the commissioner may initiate proceedings in either the chancery court of Davidson County or the chancery court of the county where the violation is occurring for injunctive relief to prevent the continuance of the violation or to correct the conditions resulting in, or about to result in, the violation.
Acts 1986, ch. 633, § 23; T.C.A., § 53-8-222 .
Tenn. Code Ann. § 53-14-101 — TN Code / Title 53 / Chapter 14 / Section 53-14-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Tennessee Legend Drug and Controlled Substance Research Act of 1984." Acts 1984, ch. 717, § 1.
This chapter shall be known and may be cited as the "Tennessee Legend Drug and Controlled Substance Research Act of 1984."
Acts 1984, ch. 717, § 1.
Tenn. Code Ann. § 53-2-112 — TN Code / Title 53 / Chapter 2 / Section 53-2-112
[Repealed]
Status: repealed

Repealed by 2020 Tenn. Acts, ch. 727, s 2, eff. 6/22/2020. Acts 1951, ch. 124, § 8 (Williams, § 6579.36); T.C.A. (orig. ed.), § 52-212.
Repealed by 2020 Tenn. Acts, ch. 727, s 2, eff. 6/22/2020.
Acts 1951, ch. 124, § 8 (Williams, § 6579.36); T.C.A. (orig. ed.), § 52-212.
Tenn. Code Ann. § 53-11-412 — TN Code / Title 53 / Chapter 11 / Section 53-11-412
Research, instruction or chemical analysis
Status: in_force

No person shall manufacture, obtain, possess, administer or dispense any controlled substance or controlled substance analogue for the purpose of scientific research, instruction or chemical analysis except as provided in the Tennessee Legend Drug and Controlled Substance Research Act of 1984, compiled in chapter 14 of this title. Acts 1971, ch. 163, § 39; impl. am. Acts 1975, ch. 248, § 1; T.C.A., § 52-1446; Acts 1984, ch. 717, § 15; 2012, ch. 848, § 47.
No person shall manufacture, obtain, possess, administer or dispense any controlled substance or controlled substance analogue for the purpose of scientific research, instruction or chemical analysis except as provided in the Tennessee Legend Drug and Controlled Substance Research Act of 1984, compiled in chapter 14 of this title.
Acts 1971, ch. 163, § 39; impl. am. Acts 1975, ch. 248, § 1; T.C.A., § 52-1446; Acts 1984, ch. 717, § 15; 2012, ch. 848, § 47.
Tenn. Code Ann. § 53-8-117 — TN Code / Title 53 / Chapter 8 / Section 53-8-117
Review and approval of plans and specifications
Status: in_force

Whenever a food establishment is constructed or extensively remodeled, and whenever an existing structure is converted to use as a food establishment, plans and specifications shall be submitted to the commissioner for review and approval before construction, remodeling, or conversion begins. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans, construction materials and work areas, and the type and model of proposed fixed equipment and facilities. The commissioner shall approve the plans and specifications, if they meet the requirements of this chapter and rules and regulations. No food establishment shall be constructed, extensively remodeled or converted, except in accordance with plans and specifications approved by the commissioner. Any deviation from the submitted plans and specifications previously approved by the commissioner discovered during an inspection that would not compromise the safety of food products shall not delay the issuance of a permit to operate a food establishment. Repealed by 2017 Tenn. Acts, ch. 150, s 5, eff. 4/17/2017. Acts 2007 , ch. 202, § 1; 2011 , ch. 387, § 1; 2012, ch. 1105, § 1.
Whenever a food establishment is constructed or extensively remodeled, and whenever an existing structure is converted to use as a food establishment, plans and specifications shall be submitted to the commissioner for review and approval before construction, remodeling, or conversion begins. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans, construction materials and work areas, and the type and model of proposed fixed equipment and facilities. The commissioner shall approve the plans and specifications, if they meet the requirements of this chapter and rules and regulations. No food establishment shall be constructed, extensively remodeled or converted, except in accordance with plans and specifications approved by the commissioner. Any deviation from the submitted plans and specifications previously approved by the commissioner discovered during an inspection that would not compromise the safety of food products shall not delay the issuance of a permit to operate a food establishment.
Repealed by 2017 Tenn. Acts, ch. 150, s 5, eff. 4/17/2017.
Acts 2007 , ch. 202, § 1; 2011 , ch. 387, § 1; 2012, ch. 1105, § 1.
Tenn. Code Ann. § 53-7-103 — TN Code / Title 53 / Chapter 7 / Section 53-7-103
Penalty for violation of Section 53-7-101
Status: in_force

Each person, firm or corporation violating § 53-7-101 commits a Class C misdemeanor. Acts 1949, ch. 183, § 3; C. Supp. 1950, § 6579.25 (Williams, § 6596.3); T.C.A. (orig. ed.), § 52-908; Acts 1989, ch. 591, § 113.
Each person, firm or corporation violating § 53-7-101 commits a Class C misdemeanor.
Acts 1949, ch. 183, § 3; C. Supp. 1950, § 6579.25 (Williams, § 6596.3); T.C.A. (orig. ed.), § 52-908; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 53-3-114 — TN Code / Title 53 / Chapter 3 / Section 53-3-114
Tagging and detention or destruction of products
Status: in_force

(a) Whenever a duly authorized agent of the commissioner finds or has good cause to believe that any dairy product or trade product is sold or offered for sale by any person contrary to this chapter or regulations established as authorized in this chapter, a tag or appropriate marking shall be affixed to the product giving notice that the product is not being sold in accordance with this chapter, and that no person shall remove or dispose of the product by sale or otherwise until permission for removal or disposal is given by the commissioner or the commissioner's duly authorized agent. (b) In the event the product is unfit for human consumption, the commissioner or the commissioner's duly authorized agent may destroy it or authorize its disposal in a manner that is not a menace to public health. Acts 1970, ch. 577, § 2; T.C.A., § 52-314.
(a) Whenever a duly authorized agent of the commissioner finds or has good cause to believe that any dairy product or trade product is sold or offered for sale by any person contrary to this chapter or regulations established as authorized in this chapter, a tag or appropriate marking shall be affixed to the product giving notice that the product is not being sold in accordance with this chapter, and that no person shall remove or dispose of the product by sale or otherwise until permission for removal or disposal is given by the commissioner or the commissioner's duly authorized agent.
(b) In the event the product is unfit for human consumption, the commissioner or the commissioner's duly authorized agent may destroy it or authorize its disposal in a manner that is not a menace to public health.
Acts 1970, ch. 577, § 2; T.C.A., § 52-314.
Tenn. Code Ann. § 53-7-210 — TN Code / Title 53 / Chapter 7 / Section 53-7-210
Violations - Injunctive action
Status: in_force

(a) Any violation of §§ 53-7-206 - 53-7-209, or of the rules and regulations duly promulgated by the commissioner pursuant to this part is a Class C misdemeanor; provided, that no carrier or warehouseman shall be subject to the penalties of this part, other than the penalties for violation of § 53-7-208 , by reason of the receipt, carriage, holding, or delivery, in the usual course of business, as a carrier or warehouseman, of livestock or poultry carcasses, parts of livestock or poultry carcasses, meat food products, or poultry products, owned by another person, unless the carrier or warehouseman has knowledge, or is in possession of facts that would cause a reasonable person to believe that the articles were not inspected or marked in accordance with this part or were not otherwise in compliance with this part. (b) In addition to the remedies provided in this part, the commissioner, or the commissioner's designated representative, may file for an injunction in the county in which an offense occurred, or in which the offender has the offender's principal place of business or is doing business, or resides, and if the chancellor concludes that the offender has been guilty of violating this part, then the chancellor may enjoin the offender, or owner, or manager, or other person in charge, from slaughtering, processing, handling, transporting or any other activity done in conjunction with meat or poultry for a period of not less than ten (10) days and until such time as the offender comes into compliance with this part. The injunction commences on the day following the date when the judgment becomes final. Acts 1967, ch. 99, § 10; 1969, ch. 108, § 2; T.C.A., § 52-924; Acts 1989, ch. 591, § 113.
(a) Any violation of §§ 53-7-206 - 53-7-209, or of the rules and regulations duly promulgated by the commissioner pursuant to this part is a Class C misdemeanor; provided, that no carrier or warehouseman shall be subject to the penalties of this part, other than the penalties for violation of § 53-7-208 , by reason of the receipt, carriage, holding, or delivery, in the usual course of business, as a carrier or warehouseman, of livestock or poultry carcasses, parts of livestock or poultry carcasses, meat food products, or poultry products, owned by another person, unless the carrier or warehouseman has knowledge, or is in possession of facts that would cause a reasonable person to believe that the articles were not inspected or marked in accordance with this part or were not otherwise in compliance with this part.
(b) In addition to the remedies provided in this part, the commissioner, or the commissioner's designated representative, may file for an injunction in the county in which an offense occurred, or in which the offender has the offender's principal place of business or is doing business, or resides, and if the chancellor concludes that the offender has been guilty of violating this part, then the chancellor may enjoin the offender, or owner, or manager, or other person in charge, from slaughtering, processing, handling, transporting or any other activity done in conjunction with meat or poultry for a period of not less than ten (10) days and until such time as the offender comes into compliance with this part. The injunction commences on the day following the date when the judgment becomes final.
Acts 1967, ch. 99, § 10; 1969, ch. 108, § 2; T.C.A., § 52-924; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 53-7-207 — TN Code / Title 53 / Chapter 7 / Section 53-7-207
Compliance with law required for operation
Status: in_force

Subject to § 53-7-214(a) , no establishment in this state shall slaughter any livestock or poultry or process any livestock, deer, or poultry carcasses, or parts of any livestock, deer, or poultry carcasses, meat food products, or poultry products, for human consumption, except in compliance with the requirements of this part. Acts 1967, ch. 99, § 7; T.C.A., § 52-921; Acts 2007, ch. 421, § 14.
Subject to § 53-7-214(a) , no establishment in this state shall slaughter any livestock or poultry or process any livestock, deer, or poultry carcasses, or parts of any livestock, deer, or poultry carcasses, meat food products, or poultry products, for human consumption, except in compliance with the requirements of this part.
Acts 1967, ch. 99, § 7; T.C.A., § 52-921; Acts 2007, ch. 421, § 14.
Tenn. Code Ann. § 53-7-305 — TN Code / Title 53 / Chapter 7 / Section 53-7-305
Authority of commissioner to promulgate tolerance regulations
Status: in_force

(a) The commissioner shall promulgate regulations setting forth tolerances for biological residues in or on animals or animal products that are consistent with tolerances adopted under authority of the Tennessee Food, Drug and Cosmetic Act, compiled in chapter 1 of this title and the Tennessee Meat and Poultry Inspection Act, compiled in part 2 of this chapter. (b) No tolerances may be adopted that are in excess of or that are more restrictive than those adopted by the United States department of agriculture or the federal food and drug administration for biological residues. Acts 1972, ch. 604, § 5; T.C.A., § 52-939.
(a) The commissioner shall promulgate regulations setting forth tolerances for biological residues in or on animals or animal products that are consistent with tolerances adopted under authority of the Tennessee Food, Drug and Cosmetic Act, compiled in chapter 1 of this title and the Tennessee Meat and Poultry Inspection Act, compiled in part 2 of this chapter.
(b) No tolerances may be adopted that are in excess of or that are more restrictive than those adopted by the United States department of agriculture or the federal food and drug administration for biological residues.
Acts 1972, ch. 604, § 5; T.C.A., § 52-939.
Tenn. Code Ann. § 53-13-104 — TN Code / Title 53 / Chapter 13 / Section 53-13-104
Regulation or prohibition of certain foods
Status: in_force

Nothing in this chapter shall restrict the authority of any appropriate agency to regulate or ban the use of any apparently wholesome food for human consumption. Acts 1980, ch. 773, § 1; T.C.A., § 52-1604; Acts 1989, ch. 476, § 4.
Nothing in this chapter shall restrict the authority of any appropriate agency to regulate or ban the use of any apparently wholesome food for human consumption.
Acts 1980, ch. 773, § 1; T.C.A., § 52-1604; Acts 1989, ch. 476, § 4.
Tenn. Code Ann. § 53-15-101 — TN Code / Title 53 / Chapter 15 / Section 53-15-101
Labeling
Status: in_force

All sorghum molasses that is sold or offered for sale in this state shall be prominently labeled as being either one hundred percent (100%) pure sorghum molasses or not pure sorghum molasses. Only sorghum molasses that contains no additives shall be labeled as one hundred percent (100%) pure sorghum molasses. Repealed by 2014 Tenn. Acts, ch. 527, s 1, eff. 7/1/2014. Acts 2011 , ch. 286, § 1.
All sorghum molasses that is sold or offered for sale in this state shall be prominently labeled as being either one hundred percent (100%) pure sorghum molasses or not pure sorghum molasses. Only sorghum molasses that contains no additives shall be labeled as one hundred percent (100%) pure sorghum molasses.
Repealed by 2014 Tenn. Acts, ch. 527, s 1, eff. 7/1/2014.
Acts 2011 , ch. 286, § 1.
Tenn. Code Ann. § 53-10-103 — TN Code / Title 53 / Chapter 10 / Section 53-10-103
Enforcement - Rules and regulations - Fines
Status: in_force

(a) The board of pharmacy has the power to enforce this part and shall make rules and regulations for its enforcement. (b) All fines collected under the enforcement of this part shall be paid to the board and deposited to the state treasury as other funds received by the board. Acts 1939, ch. 164, § 1; C. Supp. 1950, § 6632.24 (Williams, § 6632.6); Acts 1961, ch. 101, § 6; T.C.A. (orig. ed), § 52-1203.
(a) The board of pharmacy has the power to enforce this part and shall make rules and regulations for its enforcement.
(b) All fines collected under the enforcement of this part shall be paid to the board and deposited to the state treasury as other funds received by the board.
Acts 1939, ch. 164, § 1; C. Supp. 1950, § 6632.24 (Williams, § 6632.6); Acts 1961, ch. 101, § 6; T.C.A. (orig. ed), § 52-1203.
Tenn. Code Ann. § 53-14-112 — TN Code / Title 53 / Chapter 14 / Section 53-14-112
Suspension or revocation of license - Probation
Status: in_force

The board may, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, suspend or revoke any license issued pursuant to this chapter or place on probation any licensee, if the licensee is found to have: (1) Falsified any application, record, report or information required by this chapter; (2) Failed to comply with the protocol of a project; (3) Failed to maintain effective control against diversion of legend drugs, controlled substances or controlled substance analogues; (4) Willfully and unreasonably refused to permit an inspection authorized by this chapter; (5) Been convicted of an offense in any jurisdiction relating to legend drugs, controlled substances or controlled substance analogues; or (6) Willfully or negligently violated this chapter or any state or federal drug laws or regulations. Acts 1984, ch. 717, §12; 2012 , ch. 848, § 56.
The board may, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, suspend or revoke any license issued pursuant to this chapter or place on probation any licensee, if the licensee is found to have:
(1) Falsified any application, record, report or information required by this chapter;
(2) Failed to comply with the protocol of a project;
(3) Failed to maintain effective control against diversion of legend drugs, controlled substances or controlled substance analogues;
(4) Willfully and unreasonably refused to permit an inspection authorized by this chapter;
(5) Been convicted of an offense in any jurisdiction relating to legend drugs, controlled substances or controlled substance analogues; or
(6) Willfully or negligently violated this chapter or any state or federal drug laws or regulations.
Acts 1984, ch. 717, §12; 2012 , ch. 848, § 56.
Tenn. Code Ann. § 53-7-201 — TN Code / Title 53 / Chapter 7 / Section 53-7-201
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Meat and Poultry Inspection Act." Acts 1967, ch. 99, § 1; T.C.A., § 52-915.
This part shall be known and may be cited as the "Tennessee Meat and Poultry Inspection Act."
Acts 1967, ch. 99, § 1; T.C.A., § 52-915.
Tenn. Code Ann. § 53-2-105 — TN Code / Title 53 / Chapter 2 / Section 53-2-105
[Repealed]
Status: repealed

Repealed by 2020 Tenn. Acts, ch. 727, s 2, eff. 6/22/2020. Acts 1951, ch. 124, § 5 (Williams, § 6579.33); 1959, ch. 117, §2; T.C.A. (orig. ed.), § 52-205.
Repealed by 2020 Tenn. Acts, ch. 727, s 2, eff. 6/22/2020.
Acts 1951, ch. 124, § 5 (Williams, § 6579.33); 1959, ch. 117, §2; T.C.A. (orig. ed.), § 52-205.
Tenn. Code Ann. § 53-1-112 — TN Code / Title 53 / Chapter 1 / Section 53-1-112
Cosmetics deemed misbranded
Status: in_force

A cosmetic shall be deemed to be misbranded if: (1) Its labeling is false or misleading in any particular; (2) In package form, unless it bears a label containing: (A) The name and place of business of the manufacturer, packer or distributor; and (B) An accurate statement of the quantity of the contents in terms of weight, measure or numerical count; provided, that under this subdivision (2)(B) reasonable variations shall be permitted, and exemptions as to small packages shall be established by regulations prescribed by the commissioner; (3) Any word, statement or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed on the label or labeling with such conspicuousness, as compared with other words, statements, designs, or devices, in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; or (4) Its container is so made, formed or filled as to be misleading. Acts 1941, ch. 120, § 19; C. Supp. 1950, § 6580.19; T.C.A. (orig. ed.), § 52-119.
A cosmetic shall be deemed to be misbranded if:
(1) Its labeling is false or misleading in any particular;
(2) In package form, unless it bears a label containing: (A) The name and place of business of the manufacturer, packer or distributor; and (B) An accurate statement of the quantity of the contents in terms of weight, measure or numerical count; provided, that under this subdivision (2)(B) reasonable variations shall be permitted, and exemptions as to small packages shall be established by regulations prescribed by the commissioner;
(A) The name and place of business of the manufacturer, packer or distributor; and
(B) An accurate statement of the quantity of the contents in terms of weight, measure or numerical count; provided, that under this subdivision (2)(B) reasonable variations shall be permitted, and exemptions as to small packages shall be established by regulations prescribed by the commissioner;
(3) Any word, statement or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed on the label or labeling with such conspicuousness, as compared with other words, statements, designs, or devices, in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; or
(4) Its container is so made, formed or filled as to be misleading.
Acts 1941, ch. 120, § 19; C. Supp. 1950, § 6580.19; T.C.A. (orig. ed.), § 52-119.
Tenn. Code Ann. § 53-3-109 — TN Code / Title 53 / Chapter 3 / Section 53-3-109
Duties of licensees and registrants
Status: in_force

(a) Every person subject to a license or registration certificate under this chapter shall annually, on February 1, report to the commissioner, on blanks furnished by the commissioner, the location of the business and description of the premises, the name of the owner and manager, the amounts of the different dairy products or trade products processed, manufactured or distributed by the person during the year ending December 31 preceding, and other reasonable information the commissioner may prescribe. (b) (1) Every person licensed to buy milk and cream under this chapter shall keep, for a period of three (3) years, a legible record of all purchases made at the place where purchases are made, showing the weight of the purchases and test of the milk and cream at the place of purchase on the chemical or physical constituents and the total amount paid for the milk and cream. (2) When a patron or producer is paid for milk or cream, a record shall be given the patron or producer showing the total amount paid and all factors, including gallons or weight, test, and price per unit used in arriving at the total amount paid to the patron or producer. This record shall also show any and all deductions made in determining the patron's or producer's net settlement. A duplicate copy of the record required by this subsection (b) or a duplicate of the check, where the required information is carried on the check, shall be kept on file for a period of three (3) years. (3) If and when grades of milk and cream are established, the grades of the milk and cream shall be included in the purchase report and patron's and producer's record. (4) It is unlawful not to keep these records or to falsify them. Acts 1970, ch. 577, § 2; T.C.A., § 52-309.
(a) Every person subject to a license or registration certificate under this chapter shall annually, on February 1, report to the commissioner, on blanks furnished by the commissioner, the location of the business and description of the premises, the name of the owner and manager, the amounts of the different dairy products or trade products processed, manufactured or distributed by the person during the year ending December 31 preceding, and other reasonable information the commissioner may prescribe.
(b) (1) Every person licensed to buy milk and cream under this chapter shall keep, for a period of three (3) years, a legible record of all purchases made at the place where purchases are made, showing the weight of the purchases and test of the milk and cream at the place of purchase on the chemical or physical constituents and the total amount paid for the milk and cream. (2) When a patron or producer is paid for milk or cream, a record shall be given the patron or producer showing the total amount paid and all factors, including gallons or weight, test, and price per unit used in arriving at the total amount paid to the patron or producer. This record shall also show any and all deductions made in determining the patron's or producer's net settlement. A duplicate copy of the record required by this subsection (b) or a duplicate of the check, where the required information is carried on the check, shall be kept on file for a period of three (3) years. (3) If and when grades of milk and cream are established, the grades of the milk and cream shall be included in the purchase report and patron's and producer's record. (4) It is unlawful not to keep these records or to falsify them.
(1) Every person licensed to buy milk and cream under this chapter shall keep, for a period of three (3) years, a legible record of all purchases made at the place where purchases are made, showing the weight of the purchases and test of the milk and cream at the place of purchase on the chemical or physical constituents and the total amount paid for the milk and cream.
(2) When a patron or producer is paid for milk or cream, a record shall be given the patron or producer showing the total amount paid and all factors, including gallons or weight, test, and price per unit used in arriving at the total amount paid to the patron or producer. This record shall also show any and all deductions made in determining the patron's or producer's net settlement. A duplicate copy of the record required by this subsection (b) or a duplicate of the check, where the required information is carried on the check, shall be kept on file for a period of three (3) years.
(3) If and when grades of milk and cream are established, the grades of the milk and cream shall be included in the purchase report and patron's and producer's record.
(4) It is unlawful not to keep these records or to falsify them.
Acts 1970, ch. 577, § 2; T.C.A., § 52-309.
Tenn. Code Ann. § 53-10-207 — TN Code / Title 53 / Chapter 10 / Section 53-10-207
Contents of label
Status: in_force

(a) The manufacturer, packager, or distributor of any human use legend drug sold, delivered or offered for sale in the state must have printed on the label of the immediate container of the drug the name and address of the manufacturer, packager, or distributor of the finished dosage form of the drug. (b) The pharmacist shall notify the patient of the substitution with a generic equivalent by noting the substitution on the prescription label. (c) This section shall not apply to prescriptions dispensed for inpatients of a hospital, a nursing home or an assisted care living facility, as defined in § 68-11-201 . Acts 2005, ch. 434, § 9.
(a) The manufacturer, packager, or distributor of any human use legend drug sold, delivered or offered for sale in the state must have printed on the label of the immediate container of the drug the name and address of the manufacturer, packager, or distributor of the finished dosage form of the drug.
(b) The pharmacist shall notify the patient of the substitution with a generic equivalent by noting the substitution on the prescription label.
(c) This section shall not apply to prescriptions dispensed for inpatients of a hospital, a nursing home or an assisted care living facility, as defined in § 68-11-201 .
Acts 2005, ch. 434, § 9.
Tenn. Code Ann. § 53-3-107 — TN Code / Title 53 / Chapter 3 / Section 53-3-107
Reserved
Status: repealed

Repealed by 2015 Tenn. Acts, ch. 485, s 35, eff. 7/1/2015.
Tenn. Code Ann. § 53-14-111 — TN Code / Title 53 / Chapter 14 / Section 53-14-111
Inspections
Status: in_force

(a) The board, or its officers, agents or employees, shall periodically inspect the premises of licensees under this chapter for compliance with the submitted protocol, record-keeping and security requirements, and other state and federal laws or regulations relating to legend drugs, controlled substances and controlled substance analogues. (b) Any applicant for a license under this chapter shall be deemed to have consented to the inspections. Acts 1984, ch. 717, §11; 2012 , ch. 848, § 55.
(a) The board, or its officers, agents or employees, shall periodically inspect the premises of licensees under this chapter for compliance with the submitted protocol, record-keeping and security requirements, and other state and federal laws or regulations relating to legend drugs, controlled substances and controlled substance analogues.
(b) Any applicant for a license under this chapter shall be deemed to have consented to the inspections.
Acts 1984, ch. 717, §11; 2012 , ch. 848, § 55.
Tenn. Code Ann. § 53-10-112 — TN Code / Title 53 / Chapter 10 / Section 53-10-112
Prevention of abuse of drugs dispensed by pharmacist
Status: in_force

(a) For purposes of this section: (1) "Pharmacist" has the same meaning as defined in § 63-10-204 ; and (2) "Pharmacy" has the same meaning as defined in § 63-10-204 . (b) A pharmacy owner, manager or operator shall respect the professional judgment of the pharmacist in holding the health and safety of a patient to be their first consideration. (c) A pharmacist shall, by utilizing education, skill, experience and professional judgment, make every reasonable effort to prevent the abuse of drugs which the pharmacist dispenses. In doing so, a pharmacist may decline to dispense to a patient a legend drug which in that pharmacist's professional judgment, lacks a therapeutic value for the patient or which is not for a legitimate medical purpose. (d) A pharmacist shall not be subject to any penalty or fine when fulfilling the pharmacist's obligation to uphold the health and safety of a patient which results in the pharmacist declining to dispense any legend drug. (e) It shall be a Class A misdemeanor, punishable by fine only, for the owner, manager or operator of a pharmacy to knowingly restrict or interfere with, or knowingly require a protocol or procedure that restricts or interferes with, a pharmacist's professional duty to counsel with patients and to evaluate the patients' appropriate pharmaceutical needs and the exercise of the pharmacist's professional judgment as to whether it is appropriate to dispense a legend drug to a patient. Added by 2013 Tenn. Acts, ch. 276,s 1, eff. 7/1/2013.
(a) For purposes of this section: (1) "Pharmacist" has the same meaning as defined in § 63-10-204 ; and (2) "Pharmacy" has the same meaning as defined in § 63-10-204 .
(1) "Pharmacist" has the same meaning as defined in § 63-10-204 ; and
(2) "Pharmacy" has the same meaning as defined in § 63-10-204 .
(b) A pharmacy owner, manager or operator shall respect the professional judgment of the pharmacist in holding the health and safety of a patient to be their first consideration.
(c) A pharmacist shall, by utilizing education, skill, experience and professional judgment, make every reasonable effort to prevent the abuse of drugs which the pharmacist dispenses. In doing so, a pharmacist may decline to dispense to a patient a legend drug which in that pharmacist's professional judgment, lacks a therapeutic value for the patient or which is not for a legitimate medical purpose.
(d) A pharmacist shall not be subject to any penalty or fine when fulfilling the pharmacist's obligation to uphold the health and safety of a patient which results in the pharmacist declining to dispense any legend drug.
(e) It shall be a Class A misdemeanor, punishable by fine only, for the owner, manager or operator of a pharmacy to knowingly restrict or interfere with, or knowingly require a protocol or procedure that restricts or interferes with, a pharmacist's professional duty to counsel with patients and to evaluate the patients' appropriate pharmaceutical needs and the exercise of the pharmacist's professional judgment as to whether it is appropriate to dispense a legend drug to a patient.
Added by 2013 Tenn. Acts, ch. 276,s 1, eff. 7/1/2013.
Tenn. Code Ann. § 53-10-111 — TN Code / Title 53 / Chapter 10 / Section 53-10-111
Requirements for filling prescriptions of prescribers who have died
Status: in_force

(a) Notwithstanding any other provision of law to the contrary, when a pharmacist becomes aware that a healthcare practitioner authorized to prescribe by the law of this state has died, a prescription issued by the practitioner may continue to be dispensed based on the pharmacist's professional judgment and in accordance with the following requirements: (1) If the prescription is a new prescription that has not been previously dispensed, it may be dispensed within ninety (90) days of the date on which the practitioner has died; (2) If the prescription has been previously dispensed and has valid authorization to be refilled, the refills may be dispensed but not for a period of more than ninety (90) days from the date on which the practitioner died for Schedule III, IV and V drugs and one hundred eighty (180) days from the date on which the practitioner died for non-scheduled drugs; and (3) Nothing in this section shall authorize the dispensing of a prescription that was issued for a controlled substance unless permitted by the federal Controlled Substances Act and regulations of the federal drug enforcement administration. (b) These provisions shall not apply to a schedule II controlled substance. Acts 2010, ch. 767, § 1.
(a) Notwithstanding any other provision of law to the contrary, when a pharmacist becomes aware that a healthcare practitioner authorized to prescribe by the law of this state has died, a prescription issued by the practitioner may continue to be dispensed based on the pharmacist's professional judgment and in accordance with the following requirements: (1) If the prescription is a new prescription that has not been previously dispensed, it may be dispensed within ninety (90) days of the date on which the practitioner has died; (2) If the prescription has been previously dispensed and has valid authorization to be refilled, the refills may be dispensed but not for a period of more than ninety (90) days from the date on which the practitioner died for Schedule III, IV and V drugs and one hundred eighty (180) days from the date on which the practitioner died for non-scheduled drugs; and (3) Nothing in this section shall authorize the dispensing of a prescription that was issued for a controlled substance unless permitted by the federal Controlled Substances Act and regulations of the federal drug enforcement administration.
(1) If the prescription is a new prescription that has not been previously dispensed, it may be dispensed within ninety (90) days of the date on which the practitioner has died;
(2) If the prescription has been previously dispensed and has valid authorization to be refilled, the refills may be dispensed but not for a period of more than ninety (90) days from the date on which the practitioner died for Schedule III, IV and V drugs and one hundred eighty (180) days from the date on which the practitioner died for non-scheduled drugs; and
(3) Nothing in this section shall authorize the dispensing of a prescription that was issued for a controlled substance unless permitted by the federal Controlled Substances Act and regulations of the federal drug enforcement administration.
(b) These provisions shall not apply to a schedule II controlled substance.
Acts 2010, ch. 767, § 1.
Tenn. Code Ann. § 53-10-203 — TN Code / Title 53 / Chapter 10 / Section 53-10-203
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Biological product" has the same meaning as defined in 42 U.S.C. § 262(i) ; (2) "Brand name" means the registered trademark name of a drug or drug product given by its manufacturer, labeler or distributor; (3) "Finished dosage form" means that form of a drug that is, or is intended to be, dispensed or administered to a patient and requires no further manufacturing or processing other than packaging, reconstitution or labeling; (4) "Generic equivalent" means a drug product that has the same established name, active ingredients, strength or concentration, dosage form, and route of administration and that is formulated to contain the same amount of active ingredients, in the same dosage form, and to meet the same compendial or other applicable standards, i.e. strength, quality, purity, and identity, but that may differ in characteristics, such as shape, scoring, configuration, packaging, excipients, including colors, flavors, preservatives, and expiration time; (5) "Interchangeable biological product" means: (A) A biological product licensed by the federal food and drug administration and determined to meet the safety standards for determining interchangeability pursuant to 42 U.S.C. § 262(k)(4) ; or (B) A biological product determined by the federal food and drug administration to be therapeutically equivalent as set forth in the latest edition or supplement of the federal food and drug administration's "Approved Drug Products with Therapeutic Equivalence Evaluations," also known as the "Orange Book"; and (6) "Prescriber" means an individual authorized by law to prescribe drugs. Amended by 2015 Tenn. Acts, ch. 371,s 1, eff. 5/4/2015. Acts 2005, ch. 434, § 5.
As used in this part, unless the context otherwise requires:
(1) "Biological product" has the same meaning as defined in 42 U.S.C. § 262(i) ;
(2) "Brand name" means the registered trademark name of a drug or drug product given by its manufacturer, labeler or distributor;
(3) "Finished dosage form" means that form of a drug that is, or is intended to be, dispensed or administered to a patient and requires no further manufacturing or processing other than packaging, reconstitution or labeling;
(4) "Generic equivalent" means a drug product that has the same established name, active ingredients, strength or concentration, dosage form, and route of administration and that is formulated to contain the same amount of active ingredients, in the same dosage form, and to meet the same compendial or other applicable standards, i.e. strength, quality, purity, and identity, but that may differ in characteristics, such as shape, scoring, configuration, packaging, excipients, including colors, flavors, preservatives, and expiration time;
(5) "Interchangeable biological product" means: (A) A biological product licensed by the federal food and drug administration and determined to meet the safety standards for determining interchangeability pursuant to 42 U.S.C. § 262(k)(4) ; or (B) A biological product determined by the federal food and drug administration to be therapeutically equivalent as set forth in the latest edition or supplement of the federal food and drug administration's "Approved Drug Products with Therapeutic Equivalence Evaluations," also known as the "Orange Book"; and
(A) A biological product licensed by the federal food and drug administration and determined to meet the safety standards for determining interchangeability pursuant to 42 U.S.C. § 262(k)(4) ; or
(B) A biological product determined by the federal food and drug administration to be therapeutically equivalent as set forth in the latest edition or supplement of the federal food and drug administration's "Approved Drug Products with Therapeutic Equivalence Evaluations," also known as the "Orange Book"; and
(6) "Prescriber" means an individual authorized by law to prescribe drugs.
Amended by 2015 Tenn. Acts, ch. 371,s 1, eff. 5/4/2015.
Acts 2005, ch. 434, § 5.
Tenn. Code Ann. § 53-3-101 — TN Code / Title 53 / Chapter 3 / Section 53-3-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Dairy Law of the State of Tennessee." Acts 1970, ch. 577, § 2; T.C.A., § 52-301.
This chapter shall be known and may be cited as the "Dairy Law of the State of Tennessee."
Acts 1970, ch. 577, § 2; T.C.A., § 52-301.
Tenn. Code Ann. § 53-2-106 — TN Code / Title 53 / Chapter 2 / Section 53-2-106
[Repealed]
Status: repealed

Repealed by 2016 Tenn. Acts, ch. 589, s 1, eff. 3/10/2016. Acts 1951, ch. 124, § 6; 1953, ch. 98, § 2 (Williams, § 6579.34); 1959, ch. 117, § 3; 1961, ch. 20, § 2; 1981, ch. 322, § 5; T.C.A. (orig. ed.), § 52-206.
Repealed by 2016 Tenn. Acts, ch. 589, s 1, eff. 3/10/2016.
Acts 1951, ch. 124, § 6; 1953, ch. 98, § 2 (Williams, § 6579.34); 1959, ch. 117, § 3; 1961, ch. 20, § 2; 1981, ch. 322, § 5; T.C.A. (orig. ed.), § 52-206.
Tenn. Code Ann. § 53-11-416 — TN Code / Title 53 / Chapter 11 / Section 53-11-416
Offense of prescription drug fraud
Status: in_force

(a) It is unlawful for any person knowingly or intentionally to acquire or obtain, or attempt to acquire or obtain, possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge or in violation of § 39-14-150 . A violation of this section shall be deemed the offense of prescription drug fraud. (b) Prescription drug fraud is a continuing offense because the offense may involve an unlawful taking and use of personal identifying information that remains in the lawful possession of a victim wherever the victim currently resides or is found. As provided in this section, such unlawful taking and use may be elements of an offense of prescription drug fraud and continues to occur wherever the victim resides or is found. (c) For purposes of a violation of this section, "victim" includes, but is not limited to, the person whose personal identifying information, as defined in § 39-14-150(e) , was acquired, obtained, possessed, bought, or used in violation of this section or sold, transferred, given, traded, loaned, delivered, or possessed in violation of this section. "Victim" also includes, but is not limited to, a physician, nurse practitioner, or other health care provider whose personal identifying information was unlawfully used. (d) Pursuant to §§ 39-11-103 and 39-14-150(j)(2) , if a victim of prescription drug fraud resides or is found in this state, an essential element of the offense is committed in this state, and a defendant is subject to prosecution in this state, regardless of whether the defendant was ever actually in this state. (e) Venue for the offense of prescription drug fraud shall be in any county where an essential element of the offense was committed, including, but not limited to, in any county where the victim resides or is found, regardless of whether the defendant was ever actually in such county. (f) The offense of prescription drug fraud shall be punished in the same manner as a violation of § 53-11-402 . Added by 2013 Tenn. Acts, ch. 151,s 3, eff. 7/1/2013.
(a) It is unlawful for any person knowingly or intentionally to acquire or obtain, or attempt to acquire or obtain, possession of a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge or in violation of § 39-14-150 . A violation of this section shall be deemed the offense of prescription drug fraud.
(b) Prescription drug fraud is a continuing offense because the offense may involve an unlawful taking and use of personal identifying information that remains in the lawful possession of a victim wherever the victim currently resides or is found. As provided in this section, such unlawful taking and use may be elements of an offense of prescription drug fraud and continues to occur wherever the victim resides or is found.
(c) For purposes of a violation of this section, "victim" includes, but is not limited to, the person whose personal identifying information, as defined in § 39-14-150(e) , was acquired, obtained, possessed, bought, or used in violation of this section or sold, transferred, given, traded, loaned, delivered, or possessed in violation of this section. "Victim" also includes, but is not limited to, a physician, nurse practitioner, or other health care provider whose personal identifying information was unlawfully used.
(d) Pursuant to §§ 39-11-103 and 39-14-150(j)(2) , if a victim of prescription drug fraud resides or is found in this state, an essential element of the offense is committed in this state, and a defendant is subject to prosecution in this state, regardless of whether the defendant was ever actually in this state.
(e) Venue for the offense of prescription drug fraud shall be in any county where an essential element of the offense was committed, including, but not limited to, in any county where the victim resides or is found, regardless of whether the defendant was ever actually in such county.
(f) The offense of prescription drug fraud shall be punished in the same manner as a violation of § 53-11-402 .
Added by 2013 Tenn. Acts, ch. 151,s 3, eff. 7/1/2013.
Tenn. Code Ann. § 53-11-403 — TN Code / Title 53 / Chapter 11 / Section 53-11-403
Criminal penalty not exclusive
Status: in_force

Any penalty imposed for a violation of part 3 of this chapter and this part, or title 39, chapter 17, part 4, is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law. Acts 1971, ch. 163, § 30; T.C.A., § 52-1437; Acts 1996, ch. 675, § 57.
Any penalty imposed for a violation of part 3 of this chapter and this part, or title 39, chapter 17, part 4, is in addition to, and not in lieu of, any civil or administrative penalty or sanction otherwise authorized by law.
Acts 1971, ch. 163, § 30; T.C.A., § 52-1437; Acts 1996, ch. 675, § 57.
Tenn. Code Ann. § 53-8-106 — TN Code / Title 53 / Chapter 8 / Section 53-8-106
Permits - Expiration - Transfer not allowed - Display
Status: in_force

(a) No person shall operate a food establishment who does not hold a valid permit issued to the person by the commissioner on or before July 1 of each year, or as the commissioner may otherwise provide by rule and regulation. (b) Every person now engaged in the business of operating a food establishment, and every person who, on July 1, 2015, engages in such a business, shall procure a permit from the commissioner for each food establishment so operated or proposed to be operated. (c) Each permit for food establishments shall expire on June 30 following its issuance or as the commissioner may otherwise provide by rule and regulation. (d) No permit shall be transferred from one (1) location or person to another. (e) The permit shall be kept and displayed in a conspicuous manner, and visible to the public in the food establishment for which it is issued. Repealed by 2017 Tenn. Acts, ch. 150, s 5, eff. 4/17/2017. Acts 1909, ch. 473, § 4; Shan., § 3473a46; Code 1932, § 6603; Acts 1943, ch. 61, § 1; 1943, ch. 122, § 1; C. Supp. 1950, § 6603; T.C.A. (orig. ed.), § 52-1007.
(a) No person shall operate a food establishment who does not hold a valid permit issued to the person by the commissioner on or before July 1 of each year, or as the commissioner may otherwise provide by rule and regulation.
(b) Every person now engaged in the business of operating a food establishment, and every person who, on July 1, 2015, engages in such a business, shall procure a permit from the commissioner for each food establishment so operated or proposed to be operated.
(c) Each permit for food establishments shall expire on June 30 following its issuance or as the commissioner may otherwise provide by rule and regulation.
(d) No permit shall be transferred from one (1) location or person to another.
(e) The permit shall be kept and displayed in a conspicuous manner, and visible to the public in the food establishment for which it is issued.
Repealed by 2017 Tenn. Acts, ch. 150, s 5, eff. 4/17/2017.
Acts 1909, ch. 473, § 4; Shan., § 3473a46; Code 1932, § 6603; Acts 1943, ch. 61, § 1; 1943, ch. 122, § 1; C. Supp. 1950, § 6603; T.C.A. (orig. ed.), § 52-1007.
Tenn. Code Ann. § 53-11-306 — TN Code / Title 53 / Chapter 11 / Section 53-11-306
Records and inventories required
Status: in_force

Persons registered to manufacture, distribute or dispense controlled substances under this part and part 4 of this chapter and title 39, chapter 17, part 4, shall keep records and maintain inventories in conformance with the record keeping and inventory requirements of federal law, and with any additional rules the board of pharmacy and the appropriate occupational or professional licensing board governing persons who may legally dispense controlled substances. Acts 1971, ch. 163, § 22; T.C.A., § 52-1429; Acts 1996, ch. 675, § 56.
Persons registered to manufacture, distribute or dispense controlled substances under this part and part 4 of this chapter and title 39, chapter 17, part 4, shall keep records and maintain inventories in conformance with the record keeping and inventory requirements of federal law, and with any additional rules the board of pharmacy and the appropriate occupational or professional licensing board governing persons who may legally dispense controlled substances.
Acts 1971, ch. 163, § 22; T.C.A., § 52-1429; Acts 1996, ch. 675, § 56.
Tenn. Code Ann. § 53-7-304 — TN Code / Title 53 / Chapter 7 / Section 53-7-304
Right of entry for examination purposes
Status: in_force

The commissioner may enter at normal business hours every place where animals or animal products are kept within the state, to examine the facilities, inventory and records pertaining to the animals or animal products, to copy all records, and to take reasonable samples of any animals or animal products, and to make additional investigations as to the source and use of substances contributing to biological residues. Acts 1972, ch. 604, § 4; T.C.A., § 52-938.
The commissioner may enter at normal business hours every place where animals or animal products are kept within the state, to examine the facilities, inventory and records pertaining to the animals or animal products, to copy all records, and to take reasonable samples of any animals or animal products, and to make additional investigations as to the source and use of substances contributing to biological residues.
Acts 1972, ch. 604, § 4; T.C.A., § 52-938.
Tenn. Code Ann. § 53-7-212 — TN Code / Title 53 / Chapter 7 / Section 53-7-212
Cease and desist orders
Status: in_force

(a) Whenever it is brought to the attention of the commissioner that any person operating an establishment continues to willfully operate in violation of this part and after written notice of the violations has been given, the commissioner may issue a cease and desist order against the establishment. (b) The cease and desist order issued under subsection (a) shall set forth the reasons for its issuance, and shall be personally delivered to the person or the person's agents or sent by registered mail to the address of the establishment. (c) If the person continues to ignore the cease and desist order, the commissioner is authorized to withdraw or deny inspection for such length of time as is necessary to effectuate compliance with this part. (d) Any court review that might be desired of action taken by the commissioner shall be reviewed exclusively as provided for in § 53-7-217 . Acts 1967, ch. 99, § 12; T.C.A., § 52-926.
(a) Whenever it is brought to the attention of the commissioner that any person operating an establishment continues to willfully operate in violation of this part and after written notice of the violations has been given, the commissioner may issue a cease and desist order against the establishment.
(b) The cease and desist order issued under subsection (a) shall set forth the reasons for its issuance, and shall be personally delivered to the person or the person's agents or sent by registered mail to the address of the establishment.
(c) If the person continues to ignore the cease and desist order, the commissioner is authorized to withdraw or deny inspection for such length of time as is necessary to effectuate compliance with this part.
(d) Any court review that might be desired of action taken by the commissioner shall be reviewed exclusively as provided for in § 53-7-217 .
Acts 1967, ch. 99, § 12; T.C.A., § 52-926.
Tenn. Code Ann. § 53-10-109 — TN Code / Title 53 / Chapter 10 / Section 53-10-109
Prescription of certain stimulants for weight control prohibited
Status: in_force

(a) No amphetamine classified as a Schedule II stimulant under § 39-17-408(d) shall be prescribed for the purpose of assisting a patient to gain or lose weight. (b) A violation of this section is a ground for license denial, suspension or revocation. Acts 1990, ch. 934, § 1.
(a) No amphetamine classified as a Schedule II stimulant under § 39-17-408(d) shall be prescribed for the purpose of assisting a patient to gain or lose weight.
(b) A violation of this section is a ground for license denial, suspension or revocation.
Acts 1990, ch. 934, § 1.
Tenn. Code Ann. § 53-14-105 — TN Code / Title 53 / Chapter 14 / Section 53-14-105
License - Issuance
Status: in_force

(a) Upon approval by the commissioner, the director shall issue a license authorizing the holder to manufacture, obtain, possess, dispense, or administer legend drugs, controlled substances or controlled substance analogues, or any combination thereof, for the purpose of scientific research, instruction or chemical analysis. (b) The commissioner shall not grant approval unless the commissioner determines that the applicant: (1) Has submitted a satisfactory protocol for the proposed project, except as provided in § 53-14-109 ; (2) Is of good character; (3) Possesses, or is capable of acquiring, sufficient staff, facilities and equipment to conduct properly the proposed project; (4) Is able to maintain effective control against diversion of the drugs for which the license is sought; and (5) Is able to comply with all applicable state and federal laws and regulations relating to the drugs for which the license is sought. Acts 1984, ch. 717, §5; 2012 , ch. 848, § 52.
(a) Upon approval by the commissioner, the director shall issue a license authorizing the holder to manufacture, obtain, possess, dispense, or administer legend drugs, controlled substances or controlled substance analogues, or any combination thereof, for the purpose of scientific research, instruction or chemical analysis.
(b) The commissioner shall not grant approval unless the commissioner determines that the applicant: (1) Has submitted a satisfactory protocol for the proposed project, except as provided in § 53-14-109 ; (2) Is of good character; (3) Possesses, or is capable of acquiring, sufficient staff, facilities and equipment to conduct properly the proposed project; (4) Is able to maintain effective control against diversion of the drugs for which the license is sought; and (5) Is able to comply with all applicable state and federal laws and regulations relating to the drugs for which the license is sought.
(1) Has submitted a satisfactory protocol for the proposed project, except as provided in § 53-14-109 ;
(2) Is of good character;
(3) Possesses, or is capable of acquiring, sufficient staff, facilities and equipment to conduct properly the proposed project;
(4) Is able to maintain effective control against diversion of the drugs for which the license is sought; and
(5) Is able to comply with all applicable state and federal laws and regulations relating to the drugs for which the license is sought.
Acts 1984, ch. 717, §5; 2012 , ch. 848, § 52.
Tenn. Code Ann. § 53-14-107 — TN Code / Title 53 / Chapter 14 / Section 53-14-107
Modification of license
Status: in_force

(a) If any licensee under this chapter wishes to amend the terms or conditions of the licensee's license, the licensee shall make application to the director. (b) The application shall be accompanied by a nonrefundable fee of five dollars ($5.00), or other amount set by the board. (c) The director shall grant the requested amendment upon approval by the commissioner. Acts 1984, ch. 717, § 7; 1990, ch. 1026, § 15.
(a) If any licensee under this chapter wishes to amend the terms or conditions of the licensee's license, the licensee shall make application to the director.
(b) The application shall be accompanied by a nonrefundable fee of five dollars ($5.00), or other amount set by the board.
(c) The director shall grant the requested amendment upon approval by the commissioner.
Acts 1984, ch. 717, § 7; 1990, ch. 1026, § 15.
Tenn. Code Ann. § 53-15-103 — TN Code / Title 53 / Chapter 15 / Section 53-15-103
Cause of action for loss
Status: in_force

(a) (1) Any person who suffers an injury or death, or an ascertainable loss of money or property, as a result of a violation of this chapter, may bring an action individually to recover actual damages. (2) The action may be brought in a court of competent jurisdiction in the county where the alleged violation took place or is taking place, or in the county in which such person resides, has such person's principal place of business, conducts, transacts, or has transacted business, or, if the person cannot be found in any of the foregoing locations, in the county in which such person can be found. (b) (1) The trial court may award reasonable expenses, including court costs, discretionary costs and reasonable attorneys' fees to a plaintiff who prevails in a proceeding that is brought pursuant to this chapter. (2) On termination of the proceeding, the trial court may require the plaintiff to pay any defendant's reasonable expenses, including court costs, discretionary costs and reasonable attorneys' fees, incurred in defending the proceeding if the court finds that the proceeding was commenced without reasonable cause. Repealed by 2014 Tenn. Acts, ch. 527, s 1, eff. 7/1/2014. Acts 2011 , ch. 286, § 1.
(a) (1) Any person who suffers an injury or death, or an ascertainable loss of money or property, as a result of a violation of this chapter, may bring an action individually to recover actual damages. (2) The action may be brought in a court of competent jurisdiction in the county where the alleged violation took place or is taking place, or in the county in which such person resides, has such person's principal place of business, conducts, transacts, or has transacted business, or, if the person cannot be found in any of the foregoing locations, in the county in which such person can be found.
(1) Any person who suffers an injury or death, or an ascertainable loss of money or property, as a result of a violation of this chapter, may bring an action individually to recover actual damages.
(2) The action may be brought in a court of competent jurisdiction in the county where the alleged violation took place or is taking place, or in the county in which such person resides, has such person's principal place of business, conducts, transacts, or has transacted business, or, if the person cannot be found in any of the foregoing locations, in the county in which such person can be found.
(b) (1) The trial court may award reasonable expenses, including court costs, discretionary costs and reasonable attorneys' fees to a plaintiff who prevails in a proceeding that is brought pursuant to this chapter. (2) On termination of the proceeding, the trial court may require the plaintiff to pay any defendant's reasonable expenses, including court costs, discretionary costs and reasonable attorneys' fees, incurred in defending the proceeding if the court finds that the proceeding was commenced without reasonable cause.
(1) The trial court may award reasonable expenses, including court costs, discretionary costs and reasonable attorneys' fees to a plaintiff who prevails in a proceeding that is brought pursuant to this chapter.
(2) On termination of the proceeding, the trial court may require the plaintiff to pay any defendant's reasonable expenses, including court costs, discretionary costs and reasonable attorneys' fees, incurred in defending the proceeding if the court finds that the proceeding was commenced without reasonable cause.
Repealed by 2014 Tenn. Acts, ch. 527, s 1, eff. 7/1/2014.
Acts 2011 , ch. 286, § 1.
Tenn. Code Ann. § 53-8-120 — TN Code / Title 53 / Chapter 8 / Section 53-8-120
Injunctive relief
Status: in_force

When the commissioner has reason to believe that a person is causing, is about to cause, or has caused a violation of this chapter or of the rules and regulations promulgated under this chapter, the commissioner may initiate proceedings in either the chancery court of Davidson County or the chancery court of the county where the violation is occurring, for injunctive relief to prevent the continuance of the violation or to correct the conditions resulting in, or about to result in, the violation. Acts 2013, ch. 182, § 20; T.C.A., § 53-8-220 .
When the commissioner has reason to believe that a person is causing, is about to cause, or has caused a violation of this chapter or of the rules and regulations promulgated under this chapter, the commissioner may initiate proceedings in either the chancery court of Davidson County or the chancery court of the county where the violation is occurring, for injunctive relief to prevent the continuance of the violation or to correct the conditions resulting in, or about to result in, the violation.
Acts 2013, ch. 182, § 20; T.C.A., § 53-8-220 .
Tenn. Code Ann. § 53-2-110 — TN Code / Title 53 / Chapter 2 / Section 53-2-110
[Repealed]
Status: repealed

Repealed by 2020 Tenn. Acts, ch. 727, s 2, eff. 6/22/2020. Acts 1951, ch. 124, § 7 (Williams, § 6579.35); 1981, ch. 322, §10; T.C.A. (orig. ed.), § 52-210.
Repealed by 2020 Tenn. Acts, ch. 727, s 2, eff. 6/22/2020.
Acts 1951, ch. 124, § 7 (Williams, § 6579.35); 1981, ch. 322, §10; T.C.A. (orig. ed.), § 52-210.
Tenn. Code Ann. § 53-8-114 — TN Code / Title 53 / Chapter 8 / Section 53-8-114
Inspection reports
Status: in_force

(a) Inspection results for food establishments shall be recorded on standard departmental forms that summarize the requirements of the law and rules and regulations. (b) A copy of the completed inspection report shall be furnished to the person in charge of the facility at the conclusion of the inspection. (c) The most current inspection report furnished to the operator or person in charge of the establishment shall be made available at the facility for public disclosure to any person who requests to review it. Repealed by 2017 Tenn. Acts, ch. 150, s 5, eff. 4/17/2017. Acts 1909, ch. 473, § 9; Shan., §§ 3473a54, 3473a55; mod. Code 1932, §§ 6611, 6612; T.C.A. (orig. ed.), §§ 52-1015, 52-1016.
(a) Inspection results for food establishments shall be recorded on standard departmental forms that summarize the requirements of the law and rules and regulations.
(b) A copy of the completed inspection report shall be furnished to the person in charge of the facility at the conclusion of the inspection.
(c) The most current inspection report furnished to the operator or person in charge of the establishment shall be made available at the facility for public disclosure to any person who requests to review it.
Repealed by 2017 Tenn. Acts, ch. 150, s 5, eff. 4/17/2017.
Acts 1909, ch. 473, § 9; Shan., §§ 3473a54, 3473a55; mod. Code 1932, §§ 6611, 6612; T.C.A. (orig. ed.), §§ 52-1015, 52-1016.
Tenn. Code Ann. § 53-3-115 — TN Code / Title 53 / Chapter 3 / Section 53-3-115
Violation of this part a misdemeanor - Penalty
Status: in_force

Any violation of this part, either doing acts prohibited by this part or failing to do the acts required by this part, including regulations adopted in accordance with this part, is a Class C misdemeanor. Acts 1970, ch. 577, § 2; T.C.A., § 52-315; Acts 1989, ch. 591, § 113.
Any violation of this part, either doing acts prohibited by this part or failing to do the acts required by this part, including regulations adopted in accordance with this part, is a Class C misdemeanor.
Acts 1970, ch. 577, § 2; T.C.A., § 52-315; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 53-7-302 — TN Code / Title 53 / Chapter 7 / Section 53-7-302
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Animal" means any member of the animal kingdom whether domesticated or wild, but not including humans; (2) "Animal product" means any product derived from any animal or animals that is or could be suitable for human consumption; (3) "Biological residue" means any substance, including metabolites, remaining in or on any animal prior to or at the time of slaughter, in or on any of its tissues after slaughter, or in or on any animal product as the result of treatment with or exposure of the animal or animal product to any pesticide, organic or inorganic compound, hormone-like substance, growth promoter, antibiotic, anthelmintic, tranquilizer, or other therapeutic or prophylactic agent; (4) "Commissioner" means the commissioner of agriculture or the commissioner's designated representative; and (5) "Person" means any individual, partnership, corporation, association or other business unit. Acts 1972, ch. 604, § 2; T.C.A., § 52-936.
As used in this part, unless the context otherwise requires:
(1) "Animal" means any member of the animal kingdom whether domesticated or wild, but not including humans;
(2) "Animal product" means any product derived from any animal or animals that is or could be suitable for human consumption;
(3) "Biological residue" means any substance, including metabolites, remaining in or on any animal prior to or at the time of slaughter, in or on any of its tissues after slaughter, or in or on any animal product as the result of treatment with or exposure of the animal or animal product to any pesticide, organic or inorganic compound, hormone-like substance, growth promoter, antibiotic, anthelmintic, tranquilizer, or other therapeutic or prophylactic agent;
(4) "Commissioner" means the commissioner of agriculture or the commissioner's designated representative; and
(5) "Person" means any individual, partnership, corporation, association or other business unit.
Acts 1972, ch. 604, § 2; T.C.A., § 52-936.
Tenn. Code Ann. § 53-3-305 — TN Code / Title 53 / Chapter 3 / Section 53-3-305
Standards
Status: in_force

Tennessee prime milk sold at retail shall meet the following standards: (1) Reduced fat milk shall contain at least ten percent (10%) milk solids not fat (SNF); (2) Non-fat or skim milk shall contain at least nine percent (9%) milk solids not fat (SNF); (3) Whole milk shall contain at least eight and one-half percent (8.5%) milk solids not fat (SNF); (4) Milk set out in subdivisions (1)-(3) shall only contain milk or any other product that is produced in the United States; and (5) Milk set out in subdivisions (1)-(3) shall only be packaged, bottled or processed in the United States. Acts 2010, ch. 627, § 6.
Tennessee prime milk sold at retail shall meet the following standards:
(1) Reduced fat milk shall contain at least ten percent (10%) milk solids not fat (SNF);
(2) Non-fat or skim milk shall contain at least nine percent (9%) milk solids not fat (SNF);
(3) Whole milk shall contain at least eight and one-half percent (8.5%) milk solids not fat (SNF);
(4) Milk set out in subdivisions (1)-(3) shall only contain milk or any other product that is produced in the United States; and
(5) Milk set out in subdivisions (1)-(3) shall only be packaged, bottled or processed in the United States.
Acts 2010, ch. 627, § 6.
Tenn. Code Ann. § 53-14-110 — TN Code / Title 53 / Chapter 14 / Section 53-14-110
Records and documents
Status: in_force

All licensees under this chapter shall maintain in a readily retrievable manner for a period of two (2) years: (1) Records showing the receipt, administration, dispensing or destruction of all legend drugs, controlled substances and controlled substance analogues; and (2) Copies of any protocols, including revisions of the protocols, progress reports, evaluations and other project documents. Acts 1984, ch. 717, §10; 2012 , ch. 848, § 54.
All licensees under this chapter shall maintain in a readily retrievable manner for a period of two (2) years:
(1) Records showing the receipt, administration, dispensing or destruction of all legend drugs, controlled substances and controlled substance analogues; and
(2) Copies of any protocols, including revisions of the protocols, progress reports, evaluations and other project documents.
Acts 1984, ch. 717, §10; 2012 , ch. 848, § 54.
Tenn. Code Ann. § 53-14-108 — TN Code / Title 53 / Chapter 14 / Section 53-14-108
Denial of application for license
Status: in_force

(a) If an application for a license or amendment under this chapter is denied, the director shall notify the applicant in writing of the reason or reasons for the denial. (b) The applicant may, within thirty (30) days of the date of the notification, submit responsive materials for consideration by the commissioner. Acts 1984, ch. 717, § 8.
(a) If an application for a license or amendment under this chapter is denied, the director shall notify the applicant in writing of the reason or reasons for the denial.
(b) The applicant may, within thirty (30) days of the date of the notification, submit responsive materials for consideration by the commissioner.
Acts 1984, ch. 717, § 8.
Tenn. Code Ann. § 53-1-110 — TN Code / Title 53 / Chapter 1 / Section 53-1-110
Sale of new drugs
Status: in_force

(a) No person shall sell, deliver, offer for sale, hold for sale or give away any new drug unless an application with respect to the drug has become effective under § 505 of the federal act. (b) This section shall not apply to: (1) A drug intended solely for investigational use by experts qualified by scientific training and experience to investigate the safety in drugs; provided, that the drug is plainly labeled "For Investigational Use Only"; and provided, further, that all reports of investigations that are being made and that have been made to show whether or not the drug is safe for use, and whether the drug is effective in use are furnished upon request to the commissioner; (2) A drug sold in this state at any time prior to February 15, 1941, or introduced into interstate commerce at any time prior to the enactment of the federal act; or (3) Any drug that is licensed under the Virus-Serum-Toxin Act ( 21 U.S.C. § 151 et seq.). Acts 1941, ch. 120, § 17; C. Supp. 1950, § 6580.17; Acts 1963, ch. 226, § 2; T.C.A. (orig. ed.), § 52-117; Acts 1986, ch. 485, § 1.
(a) No person shall sell, deliver, offer for sale, hold for sale or give away any new drug unless an application with respect to the drug has become effective under § 505 of the federal act.
(b) This section shall not apply to: (1) A drug intended solely for investigational use by experts qualified by scientific training and experience to investigate the safety in drugs; provided, that the drug is plainly labeled "For Investigational Use Only"; and provided, further, that all reports of investigations that are being made and that have been made to show whether or not the drug is safe for use, and whether the drug is effective in use are furnished upon request to the commissioner; (2) A drug sold in this state at any time prior to February 15, 1941, or introduced into interstate commerce at any time prior to the enactment of the federal act; or (3) Any drug that is licensed under the Virus-Serum-Toxin Act ( 21 U.S.C. § 151 et seq.).
(1) A drug intended solely for investigational use by experts qualified by scientific training and experience to investigate the safety in drugs; provided, that the drug is plainly labeled "For Investigational Use Only"; and provided, further, that all reports of investigations that are being made and that have been made to show whether or not the drug is safe for use, and whether the drug is effective in use are furnished upon request to the commissioner;
(2) A drug sold in this state at any time prior to February 15, 1941, or introduced into interstate commerce at any time prior to the enactment of the federal act; or
(3) Any drug that is licensed under the Virus-Serum-Toxin Act ( 21 U.S.C. § 151 et seq.).
Acts 1941, ch. 120, § 17; C. Supp. 1950, § 6580.17; Acts 1963, ch. 226, § 2; T.C.A. (orig. ed.), § 52-117; Acts 1986, ch. 485, § 1.
Tenn. Code Ann. § 53-3-309 — TN Code / Title 53 / Chapter 3 / Section 53-3-309
Rules and regulations
Status: in_force

The commissioner of agriculture shall promulgate rules and regulations to effectuate the purposes of this part. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 2010, ch. 627, § 10.
The commissioner of agriculture shall promulgate rules and regulations to effectuate the purposes of this part. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2010, ch. 627, § 10.
Tenn. Code Ann. § 53-2-115 — TN Code / Title 53 / Chapter 2 / Section 53-2-115
[Repealed]
Status: repealed

Repealed by 2020 Tenn. Acts, ch. 727, s 2, eff. 6/22/2020. Acts 1951, ch. 124, § 12 (Williams, § 6579.39); T.C.A. (orig. ed.), § 52-215.
Repealed by 2020 Tenn. Acts, ch. 727, s 2, eff. 6/22/2020.
Acts 1951, ch. 124, § 12 (Williams, § 6579.39); T.C.A. (orig. ed.), § 52-215.
Tenn. Code Ann. § 53-14-113 — TN Code / Title 53 / Chapter 14 / Section 53-14-113
Restraining or enjoining violations - Jurisdiction
Status: in_force

The board may seek relief at law or equity to restrain or enjoin any act or practice in violation of this chapter. Jurisdiction is conferred upon the chancery and circuit courts of this state to hear and determine a suit to restrain or enjoin. No bond shall be required for the prosecution of the suit or for the issuance of an injunction. Acts 1984, ch. 717, § 13.
The board may seek relief at law or equity to restrain or enjoin any act or practice in violation of this chapter. Jurisdiction is conferred upon the chancery and circuit courts of this state to hear and determine a suit to restrain or enjoin. No bond shall be required for the prosecution of the suit or for the issuance of an injunction.
Acts 1984, ch. 717, § 13.
Tenn. Code Ann. § 53-8-121 — TN Code / Title 53 / Chapter 8 / Section 53-8-121
Sale of food by children at public events
Status: in_force

Notwithstanding this chapter to the contrary, children eighteen (18) years of age or younger do not need a license or permit to sell bakery goods, homemade or otherwise, soft drinks, or other similar food commodities at public events. Acts 2013, ch. 182, § 21; T.C.A., § 53-8-221 .
Notwithstanding this chapter to the contrary, children eighteen (18) years of age or younger do not need a license or permit to sell bakery goods, homemade or otherwise, soft drinks, or other similar food commodities at public events.
Acts 2013, ch. 182, § 21; T.C.A., § 53-8-221 .
Tenn. Code Ann. § 53-8-109 — TN Code / Title 53 / Chapter 8 / Section 53-8-109
Revocation of permits
Status: in_force

(a) The commissioner may, after providing opportunity for a hearing, revoke a permit for serious or repeated violations of the requirements of this chapter or for interference with the commissioner in the performance of the commissioner's duty. (b) Prior to revocation, the commissioner shall notify the permittee, in writing, of the specific reason or reasons for which the permit is being revoked at the end of ten (10) days following service of the notice, unless a written request for a hearing is filed with the commissioner within the ten-day period. If no request for a hearing is filed within the ten-day period, the revocation of the permit becomes final. Repealed by 2017 Tenn. Acts, ch. 150, s 5, eff. 4/17/2017. Acts 1909, ch. 473, § 6; Shan., § 3473a49; Code 1932, § 6606; T.C.A. (orig. ed.), § 52-1010.
(a) The commissioner may, after providing opportunity for a hearing, revoke a permit for serious or repeated violations of the requirements of this chapter or for interference with the commissioner in the performance of the commissioner's duty.
(b) Prior to revocation, the commissioner shall notify the permittee, in writing, of the specific reason or reasons for which the permit is being revoked at the end of ten (10) days following service of the notice, unless a written request for a hearing is filed with the commissioner within the ten-day period. If no request for a hearing is filed within the ten-day period, the revocation of the permit becomes final.
Repealed by 2017 Tenn. Acts, ch. 150, s 5, eff. 4/17/2017.
Acts 1909, ch. 473, § 6; Shan., § 3473a49; Code 1932, § 6606; T.C.A. (orig. ed.), § 52-1010.
Tenn. Code Ann. § 53-3-116 — TN Code / Title 53 / Chapter 3 / Section 53-3-116
District attorney general to investigate and prosecute
Status: in_force

It is the duty of the district attorney general of the judicial district in which the commissioner reports a violation of this chapter, to investigate, prefer and prosecute charges if and when the district attorney general in the exercise of a sound discretion deems such action to be proper. Acts 1970, ch. 577, § 2; T.C.A., § 52-316; modified.
It is the duty of the district attorney general of the judicial district in which the commissioner reports a violation of this chapter, to investigate, prefer and prosecute charges if and when the district attorney general in the exercise of a sound discretion deems such action to be proper.
Acts 1970, ch. 577, § 2; T.C.A., § 52-316; modified.