Tenn. Code Ann. § 43-38-111 — TN Code / Title 43 / Chapter 38 / Section 43-38-111
Service - Role of secretary of state
Status: in_force

(a) Service on the secretary of state, when the secretary of state is an agent for a domestic cooperative as provided in § 43-38-110(b) , of any process, notice or demand shall be made by delivering to the office of the secretary of state the original and one (1) copy of such process, notice, or demand, duly certified by the clerk of the court in which the suit or action is pending or brought, together with the proper fee. A statement that identifies which of the grounds, as listed in § 43-38-104(b) , for service on the secretary of state is applicable, must be included. The office of the secretary of state shall endorse the time of receipt upon the original and copy and immediately shall send the copy, along with a written notice that service of the original was also made, by registered or certified mail, with return receipt requested, addressed to the cooperative at its registered office or principal office as shown in the records on file in the secretary of state's office or as shown in the official registry of the state or country in which the cooperative is organized. If none of the previously mentioned addresses is available to the secretary of state, service may be made on any one (1) of the organizers at the address set forth in the articles. The secretary of state may require the plaintiff, or complainant, as the case may be, or plaintiff's attorney to furnish the latter address. (b) The refusal or failure of a cooperative to accept delivery of the registered or certified mail provided for in subsection (a), or the refusal or failure to sign the return receipt, shall not affect the validity of such service; and any such cooperative refusing or failing to accept delivery of such registered or certified mail shall be charged with knowledge of the contents of any process, notice or demand contained in the registered or certified mail. (c) When the registered or certified mail return receipt is received by the office of the secretary of state or when a domestic cooperative refuses or fails to accept delivery of the registered or certified mail and it is returned to the office of the secretary of state, the office of the secretary of state shall forward the receipt or the refused or undelivered mail to the clerk of the court in which the suit or action is pending, together with the original process, notice or demand, a copy of the notice the secretary of state sent to the defendant cooperative and the secretary of state's affidavit setting forth the secretary of state's compliance with this section. Upon receipt thereof, the clerk shall copy the affidavit on the rule docket of the court and shall mark it, the receipt or refused or undelivered mail, and the copy of notice as of the day received and place them in the file of the suit or action where the process and pleadings are kept, and such receipt or refused or undelivered mail, affidavit and a copy of the notice shall be and become a part of the technical record in the suit or action, and thereupon service on the defendant shall be complete. Service made under this section shall have the same legal force and validity as if the service had been made personally in this state. (d) Subsequent pleadings or papers permitted or required to be served on the defendant domestic cooperative may be served on the secretary of state as agent for the defendant cooperative in the same manner, at the same cost and with the same effect as process, notice or demand are served on the secretary of state as agent for the defendant cooperative under this section. (e) No appearance shall be required in the suit or action by the defendant domestic cooperative, nor shall any judgment be taken against the defendant domestic cooperative, in less than one (1) month after the date service is completed under this section. (f) The secretary of state shall keep a record of all processes, notices and demands served upon the secretary of state under this section, which record shall include the time of such service and the secretary of state's action with reference thereto. Acts 2004, ch. 534, § 8.
(a) Service on the secretary of state, when the secretary of state is an agent for a domestic cooperative as provided in § 43-38-110(b) , of any process, notice or demand shall be made by delivering to the office of the secretary of state the original and one (1) copy of such process, notice, or demand, duly certified by the clerk of the court in which the suit or action is pending or brought, together with the proper fee. A statement that identifies which of the grounds, as listed in § 43-38-104(b) , for service on the secretary of state is applicable, must be included. The office of the secretary of state shall endorse the time of receipt upon the original and copy and immediately shall send the copy, along with a written notice that service of the original was also made, by registered or certified mail, with return receipt requested, addressed to the cooperative at its registered office or principal office as shown in the records on file in the secretary of state's office or as shown in the official registry of the state or country in which the cooperative is organized. If none of the previously mentioned addresses is available to the secretary of state, service may be made on any one (1) of the organizers at the address set forth in the articles. The secretary of state may require the plaintiff, or complainant, as the case may be, or plaintiff's attorney to furnish the latter address.
(b) The refusal or failure of a cooperative to accept delivery of the registered or certified mail provided for in subsection (a), or the refusal or failure to sign the return receipt, shall not affect the validity of such service; and any such cooperative refusing or failing to accept delivery of such registered or certified mail shall be charged with knowledge of the contents of any process, notice or demand contained in the registered or certified mail.
(c) When the registered or certified mail return receipt is received by the office of the secretary of state or when a domestic cooperative refuses or fails to accept delivery of the registered or certified mail and it is returned to the office of the secretary of state, the office of the secretary of state shall forward the receipt or the refused or undelivered mail to the clerk of the court in which the suit or action is pending, together with the original process, notice or demand, a copy of the notice the secretary of state sent to the defendant cooperative and the secretary of state's affidavit setting forth the secretary of state's compliance with this section. Upon receipt thereof, the clerk shall copy the affidavit on the rule docket of the court and shall mark it, the receipt or refused or undelivered mail, and the copy of notice as of the day received and place them in the file of the suit or action where the process and pleadings are kept, and such receipt or refused or undelivered mail, affidavit and a copy of the notice shall be and become a part of the technical record in the suit or action, and thereupon service on the defendant shall be complete. Service made under this section shall have the same legal force and validity as if the service had been made personally in this state.
(d) Subsequent pleadings or papers permitted or required to be served on the defendant domestic cooperative may be served on the secretary of state as agent for the defendant cooperative in the same manner, at the same cost and with the same effect as process, notice or demand are served on the secretary of state as agent for the defendant cooperative under this section.
(e) No appearance shall be required in the suit or action by the defendant domestic cooperative, nor shall any judgment be taken against the defendant domestic cooperative, in less than one (1) month after the date service is completed under this section.
(f) The secretary of state shall keep a record of all processes, notices and demands served upon the secretary of state under this section, which record shall include the time of such service and the secretary of state's action with reference thereto.
Acts 2004, ch. 534, § 8.
Tenn. Code Ann. § 43-6-204 — TN Code / Title 43 / Chapter 6 / Section 43-6-204
Duties of commissioner of agriculture
Status: in_force

(a) The commissioner of agriculture has the duty under this part to: (1) Assist the county weed control board, all public utilities, the department of transportation, the county legislative body, drainage districts, the county highway department, other public and quasi-public corporations and other interested parties in the control and eradication of Johnson grass; (2) Be informed of the origin, nature and appearance of Johnson grass and the manner in which it is disseminated and shall follow recommendations of the University of Tennessee, college of agricultural sciences and natural resources, as to the best and approved method to control, eradicate and prevent the dissemination of Johnson grass; and (3) Cooperate with and have authority to enter into cooperative agreements with state and federal agencies and departments for the furtherance of the control and eradication of Johnson grass. (b) The commissioner shall make all rules and regulations for carrying out this part and its requirements. Acts 1961, ch. 306, § 4; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 43-2704.
(a) The commissioner of agriculture has the duty under this part to: (1) Assist the county weed control board, all public utilities, the department of transportation, the county legislative body, drainage districts, the county highway department, other public and quasi-public corporations and other interested parties in the control and eradication of Johnson grass; (2) Be informed of the origin, nature and appearance of Johnson grass and the manner in which it is disseminated and shall follow recommendations of the University of Tennessee, college of agricultural sciences and natural resources, as to the best and approved method to control, eradicate and prevent the dissemination of Johnson grass; and (3) Cooperate with and have authority to enter into cooperative agreements with state and federal agencies and departments for the furtherance of the control and eradication of Johnson grass.
(1) Assist the county weed control board, all public utilities, the department of transportation, the county legislative body, drainage districts, the county highway department, other public and quasi-public corporations and other interested parties in the control and eradication of Johnson grass;
(2) Be informed of the origin, nature and appearance of Johnson grass and the manner in which it is disseminated and shall follow recommendations of the University of Tennessee, college of agricultural sciences and natural resources, as to the best and approved method to control, eradicate and prevent the dissemination of Johnson grass; and
(3) Cooperate with and have authority to enter into cooperative agreements with state and federal agencies and departments for the furtherance of the control and eradication of Johnson grass.
(b) The commissioner shall make all rules and regulations for carrying out this part and its requirements.
Acts 1961, ch. 306, § 4; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 43-2704.
Tenn. Code Ann. § 43-6-424 — TN Code / Title 43 / Chapter 6 / Section 43-6-424
Referendum - Management and expense
Status: in_force

The arrangements for, and management of, any referendum held under this part shall be under the direction of the certified cotton growers' organization. The organization shall bear all expenses incurred in conducting the referendum, to include furnishing the ballots and arranging for the necessary poll holders. Acts 1989, ch. 350, § 14.
The arrangements for, and management of, any referendum held under this part shall be under the direction of the certified cotton growers' organization. The organization shall bear all expenses incurred in conducting the referendum, to include furnishing the ballots and arranging for the necessary poll holders.
Acts 1989, ch. 350, § 14.
Tenn. Code Ann. § 43-26-101 — TN Code / Title 43 / Chapter 26 / Section 43-26-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Tennessee Right to Farm Act." Acts 1982, ch. 609, § 1.
This chapter shall be known and may be cited as the "Tennessee Right to Farm Act."
Acts 1982, ch. 609, § 1.
Tenn. Code Ann. § 43-35-106 — TN Code / Title 43 / Chapter 35 / Section 43-35-106
Acquisition of information pertaining to the dairy industry
Status: in_force

The commissioner of agriculture may, by lawful means, obtain information pertaining to the dairy industry that the commissioner deems necessary to carry out the purposes of this part and the southern dairy compact. Such information may be utilized by the commissioner, the delegates, and the commission. Acts 1998, ch. 749, § 7.
The commissioner of agriculture may, by lawful means, obtain information pertaining to the dairy industry that the commissioner deems necessary to carry out the purposes of this part and the southern dairy compact. Such information may be utilized by the commissioner, the delegates, and the commission.
Acts 1998, ch. 749, § 7.
Tenn. Code Ann. § 43-8-302 — TN Code / Title 43 / Chapter 8 / Section 43-8-302
Powers and duties of commissioner
Status: in_force

The commissioner has and shall exercise the following powers and duties: (1) Promulgate rules and regulations that the commissioner determines are necessary to implement and supplement this part and provide for its orderly administration; (2) Prescribe qualifications for applicants for licenses to engage in the custom application of pesticides and render such tests as are necessary to determine whether the applicant meets the qualifications; (3) Obtain the advice of members of the commercial aerial applicators industry before issuing rules, regulations, or qualifications for applicants for licenses; (4) Issue licenses to qualified applicants and collect the appropriate fees; (5) Hold hearings to determine whether or not any violation of this part or rules and regulations issued pursuant thereto has taken place, and transmit any information or material to the local district attorney general for prosecution if the commissioner determines that a violation has occurred; (6) Suspend or revoke any permit following a hearing as provided for in § 43-8-305 ; (7) Declare states of emergency and issue temporary permits as provided for in § 43-8-309 ; (8) Require that licensees maintain records and submit reports as necessary to show the nature and extent of their operation and any other information necessary to carry out the provisions and intent of this part; (9) Impose such limitations on the licenses granted to pilots, particularly with respect to compliance with the Tennessee Insecticide, Fungicide and Rodenticide Act, compiled as parts 1 and 2 of this chapter, as the commissioner may find necessary after determination of the applicant's qualifications; (10) Promulgate rules and regulations as required by the environmental protection agency; and (11) Inspect periodically the operation and conduct of licensees. (12) [Deleted by 2020 amendment.] Amended by 2020 Tenn. Acts, ch. 621, Secs.s2, s3, s4 eff. 3/25/2020. Amended by 2018 Tenn. Acts, ch. 798, s 1, eff. 7/1/2018. Acts 1973, ch. 90, § 2; 1975, ch. 209, § 2; 1977, ch. 210, § 1; T.C.A., §§ 43-2902, 43-9-102; Acts 1988, ch. 878, § 5.
The commissioner has and shall exercise the following powers and duties:
(1) Promulgate rules and regulations that the commissioner determines are necessary to implement and supplement this part and provide for its orderly administration;
(2) Prescribe qualifications for applicants for licenses to engage in the custom application of pesticides and render such tests as are necessary to determine whether the applicant meets the qualifications;
(3) Obtain the advice of members of the commercial aerial applicators industry before issuing rules, regulations, or qualifications for applicants for licenses;
(4) Issue licenses to qualified applicants and collect the appropriate fees;
(5) Hold hearings to determine whether or not any violation of this part or rules and regulations issued pursuant thereto has taken place, and transmit any information or material to the local district attorney general for prosecution if the commissioner determines that a violation has occurred;
(6) Suspend or revoke any permit following a hearing as provided for in § 43-8-305 ;
(7) Declare states of emergency and issue temporary permits as provided for in § 43-8-309 ;
(8) Require that licensees maintain records and submit reports as necessary to show the nature and extent of their operation and any other information necessary to carry out the provisions and intent of this part;
(9) Impose such limitations on the licenses granted to pilots, particularly with respect to compliance with the Tennessee Insecticide, Fungicide and Rodenticide Act, compiled as parts 1 and 2 of this chapter, as the commissioner may find necessary after determination of the applicant's qualifications;
(10) Promulgate rules and regulations as required by the environmental protection agency; and
(11) Inspect periodically the operation and conduct of licensees.
(12) [Deleted by 2020 amendment.]
Amended by 2020 Tenn. Acts, ch. 621, Secs.s2, s3, s4 eff. 3/25/2020.
Amended by 2018 Tenn. Acts, ch. 798, s 1, eff. 7/1/2018.
Acts 1973, ch. 90, § 2; 1975, ch. 209, § 2; 1977, ch. 210, § 1; T.C.A., §§ 43-2902, 43-9-102; Acts 1988, ch. 878, § 5.
Tenn. Code Ann. § 43-38-801 — TN Code / Title 43 / Chapter 38 / Section 43-38-801
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Cooperative" means a cooperative whose members have obtained rights to dissent under § 43-38-802(a) , and includes any successor by merger; (2) "Dissenter" means a member who is entitled to dissent from cooperative action under § 43-38-802(a) and who exercises that right when and in the manner required under this part; (3) "Fair value" means the value of the dissenter's membership interest of a cooperative immediately before the effective date of the cooperative action referred to in § 43-38-802(a) , excluding any appreciation or depreciation in anticipation of the cooperative action; (4) "Interest" means interest from the effective date of the action referred to in § 43-38-802(a) that gave rise to the member's right to dissent until the date of payment, at the average auction rate paid on United States treasury bills with a maturity of six (6) months, or the closest maturity to that date, as of the auction date for such treasury bills closest to the effective date; and (5) "Member" includes a former member when dissenter's rights exist because: (A) The membership of the former member has terminated causing dissolution; and (B) The dissolved cooperative has then entered into a merger under § 43-38-122 or § 43-38-123 . Acts 2004, ch. 534, § 27.
As used in this part, unless the context otherwise requires:
(1) "Cooperative" means a cooperative whose members have obtained rights to dissent under § 43-38-802(a) , and includes any successor by merger;
(2) "Dissenter" means a member who is entitled to dissent from cooperative action under § 43-38-802(a) and who exercises that right when and in the manner required under this part;
(3) "Fair value" means the value of the dissenter's membership interest of a cooperative immediately before the effective date of the cooperative action referred to in § 43-38-802(a) , excluding any appreciation or depreciation in anticipation of the cooperative action;
(4) "Interest" means interest from the effective date of the action referred to in § 43-38-802(a) that gave rise to the member's right to dissent until the date of payment, at the average auction rate paid on United States treasury bills with a maturity of six (6) months, or the closest maturity to that date, as of the auction date for such treasury bills closest to the effective date; and
(5) "Member" includes a former member when dissenter's rights exist because: (A) The membership of the former member has terminated causing dissolution; and (B) The dissolved cooperative has then entered into a merger under § 43-38-122 or § 43-38-123 .
(A) The membership of the former member has terminated causing dissolution; and
(B) The dissolved cooperative has then entered into a merger under § 43-38-122 or § 43-38-123 .
Acts 2004, ch. 534, § 27.
Tenn. Code Ann. § 43-6-405 — TN Code / Title 43 / Chapter 6 / Section 43-6-405
Cotton growers - Submission of form
Status: in_force

Every person growing cotton in this state shall furnish to the commissioner, on forms supplied by the commissioner, such information as the commissioner may require, concerning the size and location of all commercial cotton fields and of noncommercial patches of cotton grown as ornamentals or for other purposes. Acts 1989, ch. 350, § 5.
Every person growing cotton in this state shall furnish to the commissioner, on forms supplied by the commissioner, such information as the commissioner may require, concerning the size and location of all commercial cotton fields and of noncommercial patches of cotton grown as ornamentals or for other purposes.
Acts 1989, ch. 350, § 5.
Tenn. Code Ann. § 43-1-113 — TN Code / Title 43 / Chapter 1 / Section 43-1-113
Definition of agriculture
Status: in_force

(a) The definition of agriculture as set forth in subsection (b) shall be applicable to the term wherever it appears in the code, unless a different definition is specifically made applicable to the part, chapter, or section in which the term appears. (b) (1) "Agriculture" means: (A) The land, buildings and machinery used in the commercial production of farm products and nursery stock; (B) The activity carried on in connection with the commercial production of farm products and nursery stock; (C) Recreational and educational activities on land used for the commercial production of farm products and nursery stock; and. (D) Entertainment activities conducted in conjunction with, but secondary to, commercial production of farm products and nursery stock, when such activities occur on land used for the commercial production of farm products and nursery stock. (2) As used in this definition of agriculture, the term "farm products" means forage and sod crops; grains and feed crops; dairy and dairy products; poultry and poultry products; livestock, including breeding and grazing; fruits; vegetables; flowers; seeds; grasses; forestry products; fish and other aquatic animals used for food; bees; equine; and all other plants and animals that produce food, feed, fiber or fur. (3) As used in this definition of agriculture, the term "nursery stock" means all trees, shrubs, or other plants, or parts of trees, shrubs or other plants, grown or kept for, or capable of, propagation, distribution or sale on a commercial basis. Amended by 2014 Tenn. Acts, ch. 581,s 2, eff. 3/28/2014. Acts 2005, ch. 19, § 2.
(a) The definition of agriculture as set forth in subsection (b) shall be applicable to the term wherever it appears in the code, unless a different definition is specifically made applicable to the part, chapter, or section in which the term appears.
(b) (1) "Agriculture" means: (A) The land, buildings and machinery used in the commercial production of farm products and nursery stock; (B) The activity carried on in connection with the commercial production of farm products and nursery stock; (C) Recreational and educational activities on land used for the commercial production of farm products and nursery stock; and. (D) Entertainment activities conducted in conjunction with, but secondary to, commercial production of farm products and nursery stock, when such activities occur on land used for the commercial production of farm products and nursery stock. (2) As used in this definition of agriculture, the term "farm products" means forage and sod crops; grains and feed crops; dairy and dairy products; poultry and poultry products; livestock, including breeding and grazing; fruits; vegetables; flowers; seeds; grasses; forestry products; fish and other aquatic animals used for food; bees; equine; and all other plants and animals that produce food, feed, fiber or fur. (3) As used in this definition of agriculture, the term "nursery stock" means all trees, shrubs, or other plants, or parts of trees, shrubs or other plants, grown or kept for, or capable of, propagation, distribution or sale on a commercial basis.
(1) "Agriculture" means: (A) The land, buildings and machinery used in the commercial production of farm products and nursery stock; (B) The activity carried on in connection with the commercial production of farm products and nursery stock; (C) Recreational and educational activities on land used for the commercial production of farm products and nursery stock; and. (D) Entertainment activities conducted in conjunction with, but secondary to, commercial production of farm products and nursery stock, when such activities occur on land used for the commercial production of farm products and nursery stock.
(A) The land, buildings and machinery used in the commercial production of farm products and nursery stock;
(B) The activity carried on in connection with the commercial production of farm products and nursery stock;
(C) Recreational and educational activities on land used for the commercial production of farm products and nursery stock; and.
(D) Entertainment activities conducted in conjunction with, but secondary to, commercial production of farm products and nursery stock, when such activities occur on land used for the commercial production of farm products and nursery stock.
(2) As used in this definition of agriculture, the term "farm products" means forage and sod crops; grains and feed crops; dairy and dairy products; poultry and poultry products; livestock, including breeding and grazing; fruits; vegetables; flowers; seeds; grasses; forestry products; fish and other aquatic animals used for food; bees; equine; and all other plants and animals that produce food, feed, fiber or fur.
(3) As used in this definition of agriculture, the term "nursery stock" means all trees, shrubs, or other plants, or parts of trees, shrubs or other plants, grown or kept for, or capable of, propagation, distribution or sale on a commercial basis.
Amended by 2014 Tenn. Acts, ch. 581,s 2, eff. 3/28/2014.
Acts 2005, ch. 19, § 2.
Tenn. Code Ann. § 43-32-108 — TN Code / Title 43 / Chapter 32 / Section 43-32-108
Insolvency - Payment defaults
Status: in_force

(a) If it is discovered that any commodity dealer or warehouseman is insolvent, or that its continuance in business will seriously jeopardize the interest of its creditors or commodities depositors, it is the duty of the commissioner to close that dealer or warehouseman and to take charge of all the property and effects thereof, and to notify the surety. Upon taking charge of any such dealer or warehouseman, the commissioner shall, as soon as practicable, ascertain by a thorough examination into its affairs, its actual financial condition, and whenever the commissioner becomes satisfied that the commodity dealer or warehouseman cannot resume business or liquidate its indebtedness to the satisfaction of its creditors, the commissioner shall report the fact of its insolvency to the attorney general and reporter, who shall immediately upon receipt of this notice institute proper proceedings in the proper court for the purpose of having a receiver appointed. (b) With the exception of incidental commodity dealers, nonsecured, if a commodity dealer or warehouseman fails or refuses to make payment for or deliver to a producer for commodities when requested, the producer shall notify the commissioner in writing of the failure or refusal within one hundred sixty (160) days of the date of sale or the date of delivery of the commodities to the commodity dealer or warehouseman, whichever is later, but in case of deferred pricing, delayed pricing, priced later, or similar contractual arrangements, no more than two hundred seventy (270) days after the date of delivery. The commissioner, upon receiving this notice, shall take whatever action is necessary. The producer furnishing written notice within the prescribed length of time is entitled to the benefits of the commodity dealer's or warehouseman's bond if such bond is required in accordance with § 43-32-106 . However, if a producer fails to furnish written notice to the commissioner within the prescribed time, then that producer is not entitled to any benefits under the commodity dealer's or warehouseman's bond and part 2 of this chapter. Commodity dealer liability under price later contracts, open price contracts, deferred price contracts, or similar agreements shall accrue under the bond in effect at the date of default as determined by the commissioner. (c) With the exception of incidental commodity dealers, nonsecured, when the commissioner has determined that a commodity dealer has defaulted payment to producers for commodities that the dealer has purchased from them, or that a warehouseman failed to deliver value for commodities stored, the commissioner shall determine through appropriate legal procedures the producers and the amount of defaulted payment, and as trustee of the bond, shall immediately after such determination call for the commodity dealer's surety bond or bonds to be paid to the commissioner for distribution to those producers who should receive the benefits. Should the defaulted amount owed producers be less than the principal amount of the bond or bonds, then the surety shall be obligated to pay only the amount of the default. (d) Notwithstanding subsections (b) and (c), an incidental commodity dealer, nonsecured, by opting not to maintain a security instrument, causes the producers from whom the dealer purchases commodities to be ineligible to receive indemnification from the Tennessee grain indemnity fund in the event the dealer fails to make payment for the commodities delivered to the dealer. Amended by 2014 Tenn. Acts, ch. 677,s 2, eff. 4/14/2014. Acts 1989, ch. 232, § 8; 2006, ch. 656, §§ 5 - 7.
(a) If it is discovered that any commodity dealer or warehouseman is insolvent, or that its continuance in business will seriously jeopardize the interest of its creditors or commodities depositors, it is the duty of the commissioner to close that dealer or warehouseman and to take charge of all the property and effects thereof, and to notify the surety. Upon taking charge of any such dealer or warehouseman, the commissioner shall, as soon as practicable, ascertain by a thorough examination into its affairs, its actual financial condition, and whenever the commissioner becomes satisfied that the commodity dealer or warehouseman cannot resume business or liquidate its indebtedness to the satisfaction of its creditors, the commissioner shall report the fact of its insolvency to the attorney general and reporter, who shall immediately upon receipt of this notice institute proper proceedings in the proper court for the purpose of having a receiver appointed.
(b) With the exception of incidental commodity dealers, nonsecured, if a commodity dealer or warehouseman fails or refuses to make payment for or deliver to a producer for commodities when requested, the producer shall notify the commissioner in writing of the failure or refusal within one hundred sixty (160) days of the date of sale or the date of delivery of the commodities to the commodity dealer or warehouseman, whichever is later, but in case of deferred pricing, delayed pricing, priced later, or similar contractual arrangements, no more than two hundred seventy (270) days after the date of delivery. The commissioner, upon receiving this notice, shall take whatever action is necessary. The producer furnishing written notice within the prescribed length of time is entitled to the benefits of the commodity dealer's or warehouseman's bond if such bond is required in accordance with § 43-32-106 . However, if a producer fails to furnish written notice to the commissioner within the prescribed time, then that producer is not entitled to any benefits under the commodity dealer's or warehouseman's bond and part 2 of this chapter. Commodity dealer liability under price later contracts, open price contracts, deferred price contracts, or similar agreements shall accrue under the bond in effect at the date of default as determined by the commissioner.
(c) With the exception of incidental commodity dealers, nonsecured, when the commissioner has determined that a commodity dealer has defaulted payment to producers for commodities that the dealer has purchased from them, or that a warehouseman failed to deliver value for commodities stored, the commissioner shall determine through appropriate legal procedures the producers and the amount of defaulted payment, and as trustee of the bond, shall immediately after such determination call for the commodity dealer's surety bond or bonds to be paid to the commissioner for distribution to those producers who should receive the benefits. Should the defaulted amount owed producers be less than the principal amount of the bond or bonds, then the surety shall be obligated to pay only the amount of the default.
(d) Notwithstanding subsections (b) and (c), an incidental commodity dealer, nonsecured, by opting not to maintain a security instrument, causes the producers from whom the dealer purchases commodities to be ineligible to receive indemnification from the Tennessee grain indemnity fund in the event the dealer fails to make payment for the commodities delivered to the dealer.
Amended by 2014 Tenn. Acts, ch. 677,s 2, eff. 4/14/2014.
Acts 1989, ch. 232, § 8; 2006, ch. 656, §§ 5 - 7.
Tenn. Code Ann. § 43-31-105 — TN Code / Title 43 / Chapter 31 / Section 43-31-105
Perfection of security interest - Financing statement - Unperfected security interests
Status: in_force

(a) To perfect an agricultural production input security interest, the security interest must attach and the supplier entitled to the security interest must file a financing statement, with a copy of the security interest notification statement attached, with the appropriate filing officer under § 47-9-501 . (b) The financing statement must indicate that the security interest is effective for eighteen (18) months after the date of filing. The financing statement and attached security interest notification statement may be removed from the filing systems eighteen (18) months after the date of filing, and may be physically destroyed after thirty (30) months from the date of filing. (c) The filing officer shall file, amend, and terminate the financing statement, and shall charge the fee for filing under this section in the manner provided by § 47-9-525 for a financing statement. (d) An agricultural production input security interest that is not perfected has the priority of an unperfected security interest under § 47-9-322 . Acts 1986, ch. 922, § 5; 2000, ch. 846, §§ 22b, 22c, 22d.
(a) To perfect an agricultural production input security interest, the security interest must attach and the supplier entitled to the security interest must file a financing statement, with a copy of the security interest notification statement attached, with the appropriate filing officer under § 47-9-501 .
(b) The financing statement must indicate that the security interest is effective for eighteen (18) months after the date of filing. The financing statement and attached security interest notification statement may be removed from the filing systems eighteen (18) months after the date of filing, and may be physically destroyed after thirty (30) months from the date of filing.
(c) The filing officer shall file, amend, and terminate the financing statement, and shall charge the fee for filing under this section in the manner provided by § 47-9-525 for a financing statement.
(d) An agricultural production input security interest that is not perfected has the priority of an unperfected security interest under § 47-9-322 .
Acts 1986, ch. 922, § 5; 2000, ch. 846, §§ 22b, 22c, 22d.
Tenn. Code Ann. § 43-10-112 — TN Code / Title 43 / Chapter 10 / Section 43-10-112
Disclaimers, nonwarranties, and limited warranties
Status: in_force

A disclaimer, nonwarranty, or limited warranty used in any invoice, advertising, labeling, or written, printed or graphic matter pertaining to any seed shall not directly or indirectly deny or modify any information required by this part or the rules and regulations promulgated under this part. Acts 1986, ch. 660, § 13.
A disclaimer, nonwarranty, or limited warranty used in any invoice, advertising, labeling, or written, printed or graphic matter pertaining to any seed shall not directly or indirectly deny or modify any information required by this part or the rules and regulations promulgated under this part.
Acts 1986, ch. 660, § 13.
Tenn. Code Ann. § 43-38-1103 — TN Code / Title 43 / Chapter 38 / Section 43-38-1103
Filing, service and copying fees
Status: in_force

(a) The office of the secretary of state shall collect the following fees when the documents described in this chapter are delivered for filing; and for purposes of this chapter, no document is considered delivered to the office of the secretary of state for filing unless accompanied by the fee: Document Fee (1) Articles including designation of initial registered office and agent as provided in subsection (d) (2) Certificate of formation $20.00 (3) Application for reserved cooperative name 20.00 (4) Application for use of indistinguishable name 20.00 (5) Notice of transfer of cancellation of reserved name 20.00 (6) Application for and renewal of registered name 20.00 (7) Application for or change, cancellation, or renewal of assumed name 20.00 (8) Cooperative's statement of change of registered agent, registered office, or both 20.00 (9) Agent's statement of change of registered office (per cooperative, but not less than 20.00) 5.00 (10) Agent's statement of resignation 20.00 (11) Articles of amendment 20.00 (12) Amended and restated articles 20.00 (13) Restatement of articles 20.00 (14) Articles of correction 20.00 (15) Certificate of merger 100.00 (16) Articles of termination by organizers 20.00 (17) Notice of dissolution 20.00 (18) Articles of revocation or dissolution 20.00 (19) Articles of termination 20.00 (20) Certificate of administrative dissolution No fee (21) Application for reinstatement following administrative dissolution 70.00 (22) Articles of termination following administrative dissolution 100.00 (23) Certificate of reinstatement No fee (24) Decree of judicial dissolution No fee (25) Annual report as provided in subsection (d) (26) Any other document required or permitted to be filed by this chapter 20.00 (b) The secretary of state shall collect a fee of twenty dollars ($20.00) each time process is served on the secretary of state under this chapter. The party to a proceeding causing service of process is entitled to recover this fee as costs, if it prevails in the proceeding. (c) The secretary of state shall collect a fee of twenty dollars ($20.00) for copying all filed documents relating to a cooperative. All such copies will be certified or validated by the secretary of state. (d) The secretary of state shall collect from each cooperative, if applicable, an annual fee equal to fifty dollars ($50.00) per each cooperative member in existence on the date of the initial filing, and each year thereafter, based on the number of cooperative members in existence on the date of the filing for the annual report, with a minimum fee of three hundred dollars ($300) and a maximum fee of three thousand dollars ($3,000). (e) In addition to the other filing requirements of this chapter, a copy of all documents specified in subdivisions (a)(1) and (a)(11)-(a)(20) shall also be filed in the office of the register of deeds in the county where a cooperative has its principal office, if the principal office is in Tennessee, and in the case of a merger, in the county in which the new or surviving cooperative shall have its principal office, if the principal office is in Tennessee. The register of deeds may charge five dollars ($5.00), plus fifty cents (50¢) per page in excess of five (5) pages for this filing. Acts 2004, ch. 534, § 33.
(a) The office of the secretary of state shall collect the following fees when the documents described in this chapter are delivered for filing; and for purposes of this chapter, no document is considered delivered to the office of the secretary of state for filing unless accompanied by the fee: Document Fee (1) Articles including designation of initial registered office and agent as provided in subsection (d) (2) Certificate of formation $20.00 (3) Application for reserved cooperative name 20.00 (4) Application for use of indistinguishable name 20.00 (5) Notice of transfer of cancellation of reserved name 20.00 (6) Application for and renewal of registered name 20.00 (7) Application for or change, cancellation, or renewal of assumed name 20.00 (8) Cooperative's statement of change of registered agent, registered office, or both 20.00 (9) Agent's statement of change of registered office (per cooperative, but not less than 20.00) 5.00 (10) Agent's statement of resignation 20.00 (11) Articles of amendment 20.00 (12) Amended and restated articles 20.00 (13) Restatement of articles 20.00 (14) Articles of correction 20.00 (15) Certificate of merger 100.00 (16) Articles of termination by organizers 20.00 (17) Notice of dissolution 20.00 (18) Articles of revocation or dissolution 20.00 (19) Articles of termination 20.00 (20) Certificate of administrative dissolution No fee (21) Application for reinstatement following administrative dissolution 70.00 (22) Articles of termination following administrative dissolution 100.00 (23) Certificate of reinstatement No fee (24) Decree of judicial dissolution No fee (25) Annual report as provided in subsection (d) (26) Any other document required or permitted to be filed by this chapter 20.00
Document Fee (1) Articles including designation of initial registered office and agent as provided in subsection (d) (2) Certificate of formation $20.00 (3) Application for reserved cooperative name 20.00 (4) Application for use of indistinguishable name 20.00 (5) Notice of transfer of cancellation of reserved name 20.00 (6) Application for and renewal of registered name 20.00 (7) Application for or change, cancellation, or renewal of assumed name 20.00 (8) Cooperative's statement of change of registered agent, registered office, or both 20.00 (9) Agent's statement of change of registered office (per cooperative, but not less than 20.00) 5.00 (10) Agent's statement of resignation 20.00 (11) Articles of amendment 20.00 (12) Amended and restated articles 20.00 (13) Restatement of articles 20.00 (14) Articles of correction 20.00 (15) Certificate of merger 100.00 (16) Articles of termination by organizers 20.00 (17) Notice of dissolution 20.00 (18) Articles of revocation or dissolution 20.00 (19) Articles of termination 20.00 (20) Certificate of administrative dissolution No fee (21) Application for reinstatement following administrative dissolution 70.00 (22) Articles of termination following administrative dissolution 100.00 (23) Certificate of reinstatement No fee (24) Decree of judicial dissolution No fee (25) Annual report as provided in subsection (d) (26) Any other document required or permitted to be filed by this chapter 20.00
Document
Fee
(1) Articles including designation of initial registered office and agent as provided in subsection (d)
(2) Certificate of formation
$20.00
(3) Application for reserved cooperative name
20.00
(4) Application for use of indistinguishable name
20.00
(5) Notice of transfer of cancellation of reserved name
20.00
(6) Application for and renewal of registered name
20.00
(7) Application for or change, cancellation, or renewal of assumed name
20.00
(8) Cooperative's statement of change of registered agent, registered office, or both
20.00
(9) Agent's statement of change of registered office (per cooperative, but not less than 20.00)
5.00
(10) Agent's statement of resignation
20.00
(11) Articles of amendment
20.00
(12) Amended and restated articles
20.00
(13) Restatement of articles
20.00
(14) Articles of correction
20.00
(15) Certificate of merger
100.00
(16) Articles of termination by organizers
20.00
(17) Notice of dissolution
20.00
(18) Articles of revocation or dissolution
20.00
(19) Articles of termination
20.00
(20) Certificate of administrative dissolution
No fee
(21) Application for reinstatement following administrative dissolution
70.00
(22) Articles of termination following administrative dissolution
100.00
(23) Certificate of reinstatement
No fee
(24) Decree of judicial dissolution
No fee
(25) Annual report as provided in subsection (d)
(26) Any other document required or permitted to be filed by this chapter
20.00
(b) The secretary of state shall collect a fee of twenty dollars ($20.00) each time process is served on the secretary of state under this chapter. The party to a proceeding causing service of process is entitled to recover this fee as costs, if it prevails in the proceeding.
(c) The secretary of state shall collect a fee of twenty dollars ($20.00) for copying all filed documents relating to a cooperative. All such copies will be certified or validated by the secretary of state.
(d) The secretary of state shall collect from each cooperative, if applicable, an annual fee equal to fifty dollars ($50.00) per each cooperative member in existence on the date of the initial filing, and each year thereafter, based on the number of cooperative members in existence on the date of the filing for the annual report, with a minimum fee of three hundred dollars ($300) and a maximum fee of three thousand dollars ($3,000).
(e) In addition to the other filing requirements of this chapter, a copy of all documents specified in subdivisions (a)(1) and (a)(11)-(a)(20) shall also be filed in the office of the register of deeds in the county where a cooperative has its principal office, if the principal office is in Tennessee, and in the case of a merger, in the county in which the new or surviving cooperative shall have its principal office, if the principal office is in Tennessee. The register of deeds may charge five dollars ($5.00), plus fifty cents (50¢) per page in excess of five (5) pages for this filing.
Acts 2004, ch. 534, § 33.
Tenn. Code Ann. § 43-32-102 — TN Code / Title 43 / Chapter 32 / Section 43-32-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Claimant" means: (A) Any producer or person, possessing warehouse receipts covering commodities owned or stored by the warehouseman; (B) Any person with written evidence of ownership, other than warehouse receipts, disclosing a storage obligation of a commodity warehouseman, including scale tickets, settlement sheets and ledger cards; (C) Any person who has lent money to a commodity warehouseman and who was to receive a warehouse receipt as security for that loan, but the commodity dealer or warehouseman failed within twenty-one (21) days after receiving the loan moneys and no warehouse receipt was issued; (D) Any person who has surrendered warehouse receipts as a part of a commodities sale transaction, the commodity warehouseman failed within twenty-one (21) days thereafter and the person surrendering the warehouse receipt did not get fully paid therefor; or (E) Any producer who possesses written evidence of the sale of commodities to a failed commodity dealer not limited to scale tickets, settlement sheets, price later contracts, basis contracts or similar commodities delivery contracts, but did not get fully paid therefor and who is unable to secure satisfaction of financial obligations due from a person licensed by the department in accordance with this chapter; (2) "Commissioner" means the commissioner of agriculture, or the commissioner's designated representatives; (3) "Commodity" means grain; (4) "Commodity assets" means all commodities owned or stored by a failed commodity dealer or warehouseman, including commodities in transit that were shipped by the failed commodity dealer or warehouseman or failed warehouseman and for which payment has not been received; proceeds from sale or commodities due or to become due; the equity (net of any secured financing directly associated therewith) in assets in commodity exchange commodities margin accounts; any moneys due or to become due (net of any secured financing directly associated therewith) from any future contracts on any recognized commodity exchange; any other unencumbered funds or property or equity of the failed commodity dealer or warehouseman in funds or property wherever located that can be directly traced as being from the sale of commodities by the failed commodity dealer or warehouseman or failed warehouseman; provided, that any such funds, property, or equity in funds or property shall not be deemed to be encumbered unless the encumbrance results from good and valuable consideration advanced by any secured party on a bona fide basis; and provided further, that the encumbrance is not the result of the taking of the funds, property, or equity in funds or property as additional collateral for an antecedent debt; or other unencumbered funds, property, or equity in assets; (5) "Commodity dealer" means any person engaged in the business of buying commodities from producers thereof for resale or for milling or processing. A producer of commodities buying commodities for the producer's own use as seed or feed shall not be considered as being engaged in the business of buying commodities for resale or for milling or processing; (6) "Cooperative agreement" means any agreement made by the department with a person, local unit of government, or state or federal agency as may be reasonable and proper to carry out this chapter; (7) "Department" means the Tennessee department of agriculture; (8) "Failure" means: (A) An inability to financially satisfy a claimant in accordance with applicable statute or regulation and the time limits provided therein, if any; (B) A declaration of insolvency; (C) A revocation of license and leaving of outstanding indebtedness to claimants; (D) A failure to pay claimants in the ordinary course of business where a bona fide dispute does not exist between a commodity dealer or warehouseman and a customer; (E) A failure to apply for license renewal; (F) A denial of license renewal; or (G) A voluntary surrendering of a license; (9) "Grain" means corn, wheat, oats, rye, soybeans, rape seed, canola and grain sorghums; (10) "Incidental commodity dealer" means any commodities dealer who purchases commodities from producers and whose total purchases of commodities during any fiscal year do not exceed one hundred thousand dollars ($100,000); (11) "Incidental commodity dealer, nonsecured" means a commodities dealer who purchases commodities from producers and whose total purchases during any fiscal year do not exceed one hundred thousand dollars ($100,000), and who has notified the commissioner on the dealer's license application or renewal application that the dealer has opted not to maintain a security instrument; (12) "Person" includes an individual, corporation, partnership and all associations of two (2) or more persons having a joint or common interest; (13) "Producer" means the owner, tenant or operator of land in this state who has an interest in and receives all or any part of the proceeds from the sale of the commodities produced thereon; (14) "Program" means the Tennessee commodity producer indemnity program; (15) "Stored commodities" means any commodities received in any commodities warehouse, located in this state, if such commodities are not purchased and beneficially owned by the commodities warehouseman; (16) "United States Warehouse Act" means the United States Warehouse Act, enacted August 11, 1916, as amended; (17) "Valid claim" means a claim arising from a failure of a commodity dealer or warehouseman that occurs after July 1, 1989, and adjudicated valid by the commissioner, net of all credits and offsets, and in accordance with § 43-32-210 ; (18) "Warehouse" or "commodities warehouse" means any building, structure, or other protected enclosure in this state used for the purpose of storing commodities for a consideration; (19) "Warehouse receipt" means: (A) A warehouse receipt issued under this chapter in accordance with the Uniform Commercial Code; or (B) A warehouse receipt issued under the United States Warehouse Act; and (20) "Warehouseman" or "commodities warehouseman" means any person who owns, controls or manages a public commodities warehouse in which commodities are stored for compensation and who is authorized to issue warehouse receipts, and includes any grain warehouse licensed under the United States Warehouse Act that has entered into a cooperative agreement. Acts 1989, ch. 232, § 2; 1997, ch. 387, §§ 17 - 19; 2006, ch. 656, § 1.
As used in this chapter, unless the context otherwise requires:
(1) "Claimant" means: (A) Any producer or person, possessing warehouse receipts covering commodities owned or stored by the warehouseman; (B) Any person with written evidence of ownership, other than warehouse receipts, disclosing a storage obligation of a commodity warehouseman, including scale tickets, settlement sheets and ledger cards; (C) Any person who has lent money to a commodity warehouseman and who was to receive a warehouse receipt as security for that loan, but the commodity dealer or warehouseman failed within twenty-one (21) days after receiving the loan moneys and no warehouse receipt was issued; (D) Any person who has surrendered warehouse receipts as a part of a commodities sale transaction, the commodity warehouseman failed within twenty-one (21) days thereafter and the person surrendering the warehouse receipt did not get fully paid therefor; or (E) Any producer who possesses written evidence of the sale of commodities to a failed commodity dealer not limited to scale tickets, settlement sheets, price later contracts, basis contracts or similar commodities delivery contracts, but did not get fully paid therefor and who is unable to secure satisfaction of financial obligations due from a person licensed by the department in accordance with this chapter;
(A) Any producer or person, possessing warehouse receipts covering commodities owned or stored by the warehouseman;
(B) Any person with written evidence of ownership, other than warehouse receipts, disclosing a storage obligation of a commodity warehouseman, including scale tickets, settlement sheets and ledger cards;
(C) Any person who has lent money to a commodity warehouseman and who was to receive a warehouse receipt as security for that loan, but the commodity dealer or warehouseman failed within twenty-one (21) days after receiving the loan moneys and no warehouse receipt was issued;
(D) Any person who has surrendered warehouse receipts as a part of a commodities sale transaction, the commodity warehouseman failed within twenty-one (21) days thereafter and the person surrendering the warehouse receipt did not get fully paid therefor; or
(E) Any producer who possesses written evidence of the sale of commodities to a failed commodity dealer not limited to scale tickets, settlement sheets, price later contracts, basis contracts or similar commodities delivery contracts, but did not get fully paid therefor and who is unable to secure satisfaction of financial obligations due from a person licensed by the department in accordance with this chapter;
(2) "Commissioner" means the commissioner of agriculture, or the commissioner's designated representatives;
(3) "Commodity" means grain;
(4) "Commodity assets" means all commodities owned or stored by a failed commodity dealer or warehouseman, including commodities in transit that were shipped by the failed commodity dealer or warehouseman or failed warehouseman and for which payment has not been received; proceeds from sale or commodities due or to become due; the equity (net of any secured financing directly associated therewith) in assets in commodity exchange commodities margin accounts; any moneys due or to become due (net of any secured financing directly associated therewith) from any future contracts on any recognized commodity exchange; any other unencumbered funds or property or equity of the failed commodity dealer or warehouseman in funds or property wherever located that can be directly traced as being from the sale of commodities by the failed commodity dealer or warehouseman or failed warehouseman; provided, that any such funds, property, or equity in funds or property shall not be deemed to be encumbered unless the encumbrance results from good and valuable consideration advanced by any secured party on a bona fide basis; and provided further, that the encumbrance is not the result of the taking of the funds, property, or equity in funds or property as additional collateral for an antecedent debt; or other unencumbered funds, property, or equity in assets;
(5) "Commodity dealer" means any person engaged in the business of buying commodities from producers thereof for resale or for milling or processing. A producer of commodities buying commodities for the producer's own use as seed or feed shall not be considered as being engaged in the business of buying commodities for resale or for milling or processing;
(6) "Cooperative agreement" means any agreement made by the department with a person, local unit of government, or state or federal agency as may be reasonable and proper to carry out this chapter;
(7) "Department" means the Tennessee department of agriculture;
(8) "Failure" means: (A) An inability to financially satisfy a claimant in accordance with applicable statute or regulation and the time limits provided therein, if any; (B) A declaration of insolvency; (C) A revocation of license and leaving of outstanding indebtedness to claimants; (D) A failure to pay claimants in the ordinary course of business where a bona fide dispute does not exist between a commodity dealer or warehouseman and a customer; (E) A failure to apply for license renewal; (F) A denial of license renewal; or (G) A voluntary surrendering of a license;
(A) An inability to financially satisfy a claimant in accordance with applicable statute or regulation and the time limits provided therein, if any;
(B) A declaration of insolvency;
(C) A revocation of license and leaving of outstanding indebtedness to claimants;
(D) A failure to pay claimants in the ordinary course of business where a bona fide dispute does not exist between a commodity dealer or warehouseman and a customer;
(E) A failure to apply for license renewal;
(F) A denial of license renewal; or
(G) A voluntary surrendering of a license;
(9) "Grain" means corn, wheat, oats, rye, soybeans, rape seed, canola and grain sorghums;
(10) "Incidental commodity dealer" means any commodities dealer who purchases commodities from producers and whose total purchases of commodities during any fiscal year do not exceed one hundred thousand dollars ($100,000);
(11) "Incidental commodity dealer, nonsecured" means a commodities dealer who purchases commodities from producers and whose total purchases during any fiscal year do not exceed one hundred thousand dollars ($100,000), and who has notified the commissioner on the dealer's license application or renewal application that the dealer has opted not to maintain a security instrument;
(12) "Person" includes an individual, corporation, partnership and all associations of two (2) or more persons having a joint or common interest;
(13) "Producer" means the owner, tenant or operator of land in this state who has an interest in and receives all or any part of the proceeds from the sale of the commodities produced thereon;
(14) "Program" means the Tennessee commodity producer indemnity program;
(15) "Stored commodities" means any commodities received in any commodities warehouse, located in this state, if such commodities are not purchased and beneficially owned by the commodities warehouseman;
(16) "United States Warehouse Act" means the United States Warehouse Act, enacted August 11, 1916, as amended;
(17) "Valid claim" means a claim arising from a failure of a commodity dealer or warehouseman that occurs after July 1, 1989, and adjudicated valid by the commissioner, net of all credits and offsets, and in accordance with § 43-32-210 ;
(18) "Warehouse" or "commodities warehouse" means any building, structure, or other protected enclosure in this state used for the purpose of storing commodities for a consideration;
(19) "Warehouse receipt" means: (A) A warehouse receipt issued under this chapter in accordance with the Uniform Commercial Code; or (B) A warehouse receipt issued under the United States Warehouse Act; and
(A) A warehouse receipt issued under this chapter in accordance with the Uniform Commercial Code; or
(B) A warehouse receipt issued under the United States Warehouse Act; and
(20) "Warehouseman" or "commodities warehouseman" means any person who owns, controls or manages a public commodities warehouse in which commodities are stored for compensation and who is authorized to issue warehouse receipts, and includes any grain warehouse licensed under the United States Warehouse Act that has entered into a cooperative agreement.
Acts 1989, ch. 232, § 2; 1997, ch. 387, §§ 17 - 19; 2006, ch. 656, § 1.
Tenn. Code Ann. § 43-16-107 — TN Code / Title 43 / Chapter 16 / Section 43-16-107
Recognition that farmers need special instruction data in marketing their products
Status: in_force

It is recognized that: (1) Agriculture is characterized by individual production in contrast to the group or factory system that characterizes other forms of industrial production; (2) The ordinary form of corporate organization permits industrial groups to combine for the purpose of group production and the ensuing group marketing and that the public has an interest in permitting farmers to bring their industry to the high degree of efficiency and merchandising skill evidenced in the manufacturing industries; (3) The public interest urgently needs to prevent the migration from the farm to the city in order to keep up farm production and to preserve the agricultural supply of the nation; and (4) The public interest demands that the farmer be encouraged to attain a superior and more direct system of marketing in the substitution of merchandising for the blind, unscientific, and speculative selling of crops; and (5) That for this purpose, the farmers should secure special guidance and instructive data from the college of agricultural sciences and natural resources, University of Tennessee. Acts 1923, ch. 100, § 5; Shan. Supp., § 2534a31; Code 1932, §3789; T.C.A. (orig. ed.), § 43-1807.
It is recognized that:
(1) Agriculture is characterized by individual production in contrast to the group or factory system that characterizes other forms of industrial production;
(2) The ordinary form of corporate organization permits industrial groups to combine for the purpose of group production and the ensuing group marketing and that the public has an interest in permitting farmers to bring their industry to the high degree of efficiency and merchandising skill evidenced in the manufacturing industries;
(3) The public interest urgently needs to prevent the migration from the farm to the city in order to keep up farm production and to preserve the agricultural supply of the nation; and
(4) The public interest demands that the farmer be encouraged to attain a superior and more direct system of marketing in the substitution of merchandising for the blind, unscientific, and speculative selling of crops; and
(5) That for this purpose, the farmers should secure special guidance and instructive data from the college of agricultural sciences and natural resources, University of Tennessee.
Acts 1923, ch. 100, § 5; Shan. Supp., § 2534a31; Code 1932, §3789; T.C.A. (orig. ed.), § 43-1807.
Tenn. Code Ann. § 43-1-606 — TN Code / Title 43 / Chapter 1 / Section 43-1-606
Travel expenses
Status: in_force

All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. Acts 1976, ch. 806, § 1.
All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
Acts 1976, ch. 806, § 1.
Tenn. Code Ann. § 43-8-201 — TN Code / Title 43 / Chapter 8 / Section 43-8-201
Pesticide dealers - License required
Status: in_force

(a) No person shall sell or offer for sale within this state pesticides classified by the commissioner as being for restricted use, unless such person is the holder of a valid pesticide dealer license. A separate license shall be obtained for each location or outlet from which business is conducted. (b) No person shall sell or offer for sale within this state any pesticide classified by the commissioner as being for restricted use unless the person to whom the sale is made holds a valid certificate or license issued by the department of agriculture, as required by § 62-21-115 . The pesticide dealer shall require that each purchaser show evidence of such certificate or license prior to finalizing the sale. (c) Pesticide dealer license fee shall be set by rule pursuant to § 43-1-703 . Amended by 2015 Tenn. Acts, ch. 485,s 5, eff. 7/1/2015. Acts 1975, ch. 239, § 2; T.C.A., § 43-706; Acts 1980, ch. 539, § 5; 2004, ch. 464, § 3.
(a) No person shall sell or offer for sale within this state pesticides classified by the commissioner as being for restricted use, unless such person is the holder of a valid pesticide dealer license. A separate license shall be obtained for each location or outlet from which business is conducted.
(b) No person shall sell or offer for sale within this state any pesticide classified by the commissioner as being for restricted use unless the person to whom the sale is made holds a valid certificate or license issued by the department of agriculture, as required by § 62-21-115 . The pesticide dealer shall require that each purchaser show evidence of such certificate or license prior to finalizing the sale.
(c) Pesticide dealer license fee shall be set by rule pursuant to § 43-1-703 .
Amended by 2015 Tenn. Acts, ch. 485,s 5, eff. 7/1/2015.
Acts 1975, ch. 239, § 2; T.C.A., § 43-706; Acts 1980, ch. 539, § 5; 2004, ch. 464, § 3.
Tenn. Code Ann. § 43-36-106 — TN Code / Title 43 / Chapter 36 / Section 43-36-106
[Repealed]
Status: repealed

Acts 1999, ch. 175, §7; repealed by Acts 2014 , ch. 503, § 2, effective 2/28/2014.
Tenn. Code Ann. § 43-31-101 — TN Code / Title 43 / Chapter 31 / Section 43-31-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Tennessee Agricultural Production Input Law." Acts 1986, ch. 922, § 1.
This chapter shall be known and may be cited as the "Tennessee Agricultural Production Input Law."
Acts 1986, ch. 922, § 1.
Tenn. Code Ann. § 43-10-114 — TN Code / Title 43 / Chapter 10 / Section 43-10-114
Duties and authority of commissioner
Status: in_force

(a) Except as otherwise specifically provided by the Tennessee Drug Control Act of 1989, compiled in title 39, chapter 17, part 4, and title 53, chapter 11, parts 3 and 4, or any other state statute that authorizes or requires a person other than the commissioner to exercise jurisdiction and authority over matters related to the regulation of seed, the commissioner has exclusive jurisdiction and authority over all matters related to the regulation of seed. The duty of enforcing this part and its rules and regulations and carrying out its provisions and requirements shall be vested in the commissioner. It is the duty of the commissioner, who may act through authorized agents to: (1) Sample, inspect, analyze, and test agricultural and vegetable seed held in storage, transported, distributed, sold, offered or exposed for sale within this state for seeding purposes at such time and place and to such extent as the commissioner may deem necessary to determine whether such seeds are in compliance with this part, and notify promptly the person who transported, distributed, possessed, sold, offered or exposed the seed for sale of any violation; (2) After conferring with interested industry representatives, prescribe, amend and adopt rules and regulations governing the method of sampling, inspection, analyzing, testing and examining agricultural and vegetable seed, and the tolerances to be followed in the administration of this part, which shall be in general accord with officially prescribed practices in interstate commerce; (3) Adopt a list of prohibited and restricted noxious weeds, conforming with the definitions stated in this part, and add or subtract from the list, from time to time, after a public hearing following due public notice; (4) Promulgate rules and regulations to provide such additional definitions of terms as the commissioner believes are needed; prescribe minimum standards of germination and purity and maximum number per pound allowed for each restricted noxious weed; and (5) Prescribe such other rules as may be necessary to secure the efficient enforcement of this part and to maintain a comprehensive scheme for regulating seed that shall be uniform and applicable throughout the state. (b) Further, for the purpose of carrying out this part, the commissioner, individually or through authorized agents, is authorized to: (1) Enter upon any public or private premises during business hours in order to have access to seeds and the records connected with seeds subject to this part and rules and regulations under this part, and any truck or other conveyor by land, water, or air at any time when such conveyor is accessible, for the same purpose; (2) Issue and enforce a written or printed "stop sale" order to the owner or custodian of any lot of agricultural or vegetable seeds that the commissioner or the commissioner's authorized agent finds is in violation of any of the provisions of this part or rules and regulations promulgated under this part, which order shall prohibit further sale, conditioning and movement of such seed until the enforcing officer has evidence that there has been compliance with the law, and has issued a release from the "stop sale" order of such seed; provided, that in respect to seed that has been denied sale, conditioning and movement as provided in this subdivision (b)(2), the owner or custodian of such seed shall have the right to appeal from the order to a court of competent jurisdiction in the locality in which the seeds are found, praying for a judgment as to the justification of the order and for the discharge of the seeds from the order prohibiting the sale, conditioning and movement in accordance with the findings of the court; and provided further, that this subdivision (b)(2) shall not be construed as limiting the right of the enforcement officer to proceed as authorized by other sections of this part; (3) Establish and maintain or make provisions for seed testing facilities, employ qualified persons, and incur such expenses as may be necessary to comply with these provisions; (4) Publish the results of analyses, tests, examinations, studies, and investigations made as authorized by this part, together with any other information the commissioner may deem advisable; and (5) Cooperate with the United States department of agriculture in seed law enforcement. (c) Except as otherwise specifically provided by the Tennessee Drug Control Act of 1989, or any other state statute that authorizes or requires a person other than the commissioner to prohibit the planting, cultivation, harvesting, handling, or movement of agricultural seeds, the commissioner shall have the sole authority to prohibit the planting, cultivation, harvesting, handling, or movement of agricultural seeds. Amended by 2016 Tenn. Acts, ch. 643,Secs.s1, s2, s3 eff. 3/23/2016. Acts 1986, ch. 660, § 15.
(a) Except as otherwise specifically provided by the Tennessee Drug Control Act of 1989, compiled in title 39, chapter 17, part 4, and title 53, chapter 11, parts 3 and 4, or any other state statute that authorizes or requires a person other than the commissioner to exercise jurisdiction and authority over matters related to the regulation of seed, the commissioner has exclusive jurisdiction and authority over all matters related to the regulation of seed. The duty of enforcing this part and its rules and regulations and carrying out its provisions and requirements shall be vested in the commissioner. It is the duty of the commissioner, who may act through authorized agents to: (1) Sample, inspect, analyze, and test agricultural and vegetable seed held in storage, transported, distributed, sold, offered or exposed for sale within this state for seeding purposes at such time and place and to such extent as the commissioner may deem necessary to determine whether such seeds are in compliance with this part, and notify promptly the person who transported, distributed, possessed, sold, offered or exposed the seed for sale of any violation; (2) After conferring with interested industry representatives, prescribe, amend and adopt rules and regulations governing the method of sampling, inspection, analyzing, testing and examining agricultural and vegetable seed, and the tolerances to be followed in the administration of this part, which shall be in general accord with officially prescribed practices in interstate commerce; (3) Adopt a list of prohibited and restricted noxious weeds, conforming with the definitions stated in this part, and add or subtract from the list, from time to time, after a public hearing following due public notice; (4) Promulgate rules and regulations to provide such additional definitions of terms as the commissioner believes are needed; prescribe minimum standards of germination and purity and maximum number per pound allowed for each restricted noxious weed; and (5) Prescribe such other rules as may be necessary to secure the efficient enforcement of this part and to maintain a comprehensive scheme for regulating seed that shall be uniform and applicable throughout the state.
(1) Sample, inspect, analyze, and test agricultural and vegetable seed held in storage, transported, distributed, sold, offered or exposed for sale within this state for seeding purposes at such time and place and to such extent as the commissioner may deem necessary to determine whether such seeds are in compliance with this part, and notify promptly the person who transported, distributed, possessed, sold, offered or exposed the seed for sale of any violation;
(2) After conferring with interested industry representatives, prescribe, amend and adopt rules and regulations governing the method of sampling, inspection, analyzing, testing and examining agricultural and vegetable seed, and the tolerances to be followed in the administration of this part, which shall be in general accord with officially prescribed practices in interstate commerce;
(3) Adopt a list of prohibited and restricted noxious weeds, conforming with the definitions stated in this part, and add or subtract from the list, from time to time, after a public hearing following due public notice;
(4) Promulgate rules and regulations to provide such additional definitions of terms as the commissioner believes are needed; prescribe minimum standards of germination and purity and maximum number per pound allowed for each restricted noxious weed; and
(5) Prescribe such other rules as may be necessary to secure the efficient enforcement of this part and to maintain a comprehensive scheme for regulating seed that shall be uniform and applicable throughout the state.
(b) Further, for the purpose of carrying out this part, the commissioner, individually or through authorized agents, is authorized to: (1) Enter upon any public or private premises during business hours in order to have access to seeds and the records connected with seeds subject to this part and rules and regulations under this part, and any truck or other conveyor by land, water, or air at any time when such conveyor is accessible, for the same purpose; (2) Issue and enforce a written or printed "stop sale" order to the owner or custodian of any lot of agricultural or vegetable seeds that the commissioner or the commissioner's authorized agent finds is in violation of any of the provisions of this part or rules and regulations promulgated under this part, which order shall prohibit further sale, conditioning and movement of such seed until the enforcing officer has evidence that there has been compliance with the law, and has issued a release from the "stop sale" order of such seed; provided, that in respect to seed that has been denied sale, conditioning and movement as provided in this subdivision (b)(2), the owner or custodian of such seed shall have the right to appeal from the order to a court of competent jurisdiction in the locality in which the seeds are found, praying for a judgment as to the justification of the order and for the discharge of the seeds from the order prohibiting the sale, conditioning and movement in accordance with the findings of the court; and provided further, that this subdivision (b)(2) shall not be construed as limiting the right of the enforcement officer to proceed as authorized by other sections of this part; (3) Establish and maintain or make provisions for seed testing facilities, employ qualified persons, and incur such expenses as may be necessary to comply with these provisions; (4) Publish the results of analyses, tests, examinations, studies, and investigations made as authorized by this part, together with any other information the commissioner may deem advisable; and (5) Cooperate with the United States department of agriculture in seed law enforcement.
(1) Enter upon any public or private premises during business hours in order to have access to seeds and the records connected with seeds subject to this part and rules and regulations under this part, and any truck or other conveyor by land, water, or air at any time when such conveyor is accessible, for the same purpose;
(2) Issue and enforce a written or printed "stop sale" order to the owner or custodian of any lot of agricultural or vegetable seeds that the commissioner or the commissioner's authorized agent finds is in violation of any of the provisions of this part or rules and regulations promulgated under this part, which order shall prohibit further sale, conditioning and movement of such seed until the enforcing officer has evidence that there has been compliance with the law, and has issued a release from the "stop sale" order of such seed; provided, that in respect to seed that has been denied sale, conditioning and movement as provided in this subdivision (b)(2), the owner or custodian of such seed shall have the right to appeal from the order to a court of competent jurisdiction in the locality in which the seeds are found, praying for a judgment as to the justification of the order and for the discharge of the seeds from the order prohibiting the sale, conditioning and movement in accordance with the findings of the court; and provided further, that this subdivision (b)(2) shall not be construed as limiting the right of the enforcement officer to proceed as authorized by other sections of this part;
(3) Establish and maintain or make provisions for seed testing facilities, employ qualified persons, and incur such expenses as may be necessary to comply with these provisions;
(4) Publish the results of analyses, tests, examinations, studies, and investigations made as authorized by this part, together with any other information the commissioner may deem advisable; and
(5) Cooperate with the United States department of agriculture in seed law enforcement.
(c) Except as otherwise specifically provided by the Tennessee Drug Control Act of 1989, or any other state statute that authorizes or requires a person other than the commissioner to prohibit the planting, cultivation, harvesting, handling, or movement of agricultural seeds, the commissioner shall have the sole authority to prohibit the planting, cultivation, harvesting, handling, or movement of agricultural seeds.
Amended by 2016 Tenn. Acts, ch. 643,Secs.s1, s2, s3 eff. 3/23/2016.
Acts 1986, ch. 660, § 15.
Tenn. Code Ann. § 43-32-209 — TN Code / Title 43 / Chapter 32 / Section 43-32-209
Access to reserve funds
Status: in_force

In the event that the amount in the Tennessee grain indemnity fund is insufficient to pay the approved claims from that fund, the commissioner of agriculture, with the approval of the commissioner of finance and administration and the appropriate standing committees of the general assembly, shall have access to the revenue fluctuation reserve fund for an amount sufficient to satisfy the unpaid claims. This access shall not exceed a maximum amount of one million five hundred thousand dollars ($1,500,000). The state shall be reimbursed, with interest, at the rate paid on ninety-day United States treasury bills, for any amounts paid under this section upon replenishment of the fund from the assessments on the appropriate commodity made pursuant to this part. Acts 1989, ch. 232, § 18; 1997, ch. 387, § 12.
In the event that the amount in the Tennessee grain indemnity fund is insufficient to pay the approved claims from that fund, the commissioner of agriculture, with the approval of the commissioner of finance and administration and the appropriate standing committees of the general assembly, shall have access to the revenue fluctuation reserve fund for an amount sufficient to satisfy the unpaid claims. This access shall not exceed a maximum amount of one million five hundred thousand dollars ($1,500,000). The state shall be reimbursed, with interest, at the rate paid on ninety-day United States treasury bills, for any amounts paid under this section upon replenishment of the fund from the assessments on the appropriate commodity made pursuant to this part.
Acts 1989, ch. 232, § 18; 1997, ch. 387, § 12.
Tenn. Code Ann. § 43-11-402 — TN Code / Title 43 / Chapter 11 / Section 43-11-402
Part definitions
Status: in_force

As used in this part, unless the context requires otherwise: (1) "Agricultural liming materials" means a product whose calcium and magnesium compounds are capable of neutralizing soil acidity, and including, but not limited to, limestone, burnt lime, hydrated lime, marl, industrial by-products, calcitic limestone, dolomatic limestone, and ground shells; (2) "AOAC" means the Association of Official Analytical Chemists; (3) "Brand" means the term, designation, trademark, product name or other specific designation under which individual agricultural liming material is offered for sale; (4) "Bulk" means material or product in nonpackaged form; (5) "Calcium carbonate equivalent" means the acid neutralizing capacity of an agricultural liming material expressed as weight percentage of calcium carbonate; (6) "Commissioner" means the commissioner of agriculture or the commissioner's duly authorized representatives; (7) "Fineness" means the percentage by weight of the material that will pass United States standard sieves of specified sizes as established by regulations pursuant to this part; (8) "Label" means any written or printed matter on or attached to the package or on the delivery ticket that accompanies bulk shipments; (9) "Manufacturer" means any person in the business of making, shaping, or packaging an agricultural liming material into a form that will remain virtually unaltered until it reaches the hands of the final consumer; (10) "Percent" or "percentage" means percent or percentage as measured by weight; (11) "Person" means an individual, partnership, association, firm or corporation; (12) "Ton" means a net weight of two thousand pounds (2,000 lbs.) avoirdupois; and (13) "Weight" means the weight of undried material as offered for sale. Acts 1989, ch. 7, § 3.
As used in this part, unless the context requires otherwise:
(1) "Agricultural liming materials" means a product whose calcium and magnesium compounds are capable of neutralizing soil acidity, and including, but not limited to, limestone, burnt lime, hydrated lime, marl, industrial by-products, calcitic limestone, dolomatic limestone, and ground shells;
(2) "AOAC" means the Association of Official Analytical Chemists;
(3) "Brand" means the term, designation, trademark, product name or other specific designation under which individual agricultural liming material is offered for sale;
(4) "Bulk" means material or product in nonpackaged form;
(5) "Calcium carbonate equivalent" means the acid neutralizing capacity of an agricultural liming material expressed as weight percentage of calcium carbonate;
(6) "Commissioner" means the commissioner of agriculture or the commissioner's duly authorized representatives;
(7) "Fineness" means the percentage by weight of the material that will pass United States standard sieves of specified sizes as established by regulations pursuant to this part;
(8) "Label" means any written or printed matter on or attached to the package or on the delivery ticket that accompanies bulk shipments;
(9) "Manufacturer" means any person in the business of making, shaping, or packaging an agricultural liming material into a form that will remain virtually unaltered until it reaches the hands of the final consumer;
(10) "Percent" or "percentage" means percent or percentage as measured by weight;
(11) "Person" means an individual, partnership, association, firm or corporation;
(12) "Ton" means a net weight of two thousand pounds (2,000 lbs.) avoirdupois; and
(13) "Weight" means the weight of undried material as offered for sale.
Acts 1989, ch. 7, § 3.
Tenn. Code Ann. § 43-38-1025 — TN Code / Title 43 / Chapter 38 / Section 43-38-1025
Right to sue or defend after dissolution
Status: in_force

After a cooperative has been dissolved, any of its former officers, directors or members may assert or defend, in the name of the cooperative, a claim by or against the cooperative. Acts 2004, ch. 534, § 32.
After a cooperative has been dissolved, any of its former officers, directors or members may assert or defend, in the name of the cooperative, a claim by or against the cooperative.
Acts 2004, ch. 534, § 32.
Tenn. Code Ann. § 43-21-106 — TN Code / Title 43 / Chapter 21 / Section 43-21-106
Premiums for enumerated exhibits may share in state aid
Status: in_force

The commissioner of agriculture shall grant such state aid only on cash premiums paid on approved classes of: (1) Cattle, swine, sheep, goats, farmwork stock, including mules shown to halter or farm vehicles, jack stock and light horses to halter; (2) Poultry, eggs, and dairy products; (3) Field, garden and horticultural products; (4) Home economics displays; (5) Junior agricultural projects; and (6) Agricultural educational exhibits. Acts 1949, ch. 156, § 5; C. Supp. 1950, § 552.37 (Williams, § 552.60); Acts 1957, ch. 261, § 3; 1963, ch. 135, § 1; T.C.A. (orig. ed.), § 43-2406.
The commissioner of agriculture shall grant such state aid only on cash premiums paid on approved classes of:
(1) Cattle, swine, sheep, goats, farmwork stock, including mules shown to halter or farm vehicles, jack stock and light horses to halter;
(2) Poultry, eggs, and dairy products;
(3) Field, garden and horticultural products;
(4) Home economics displays;
(5) Junior agricultural projects; and
(6) Agricultural educational exhibits.
Acts 1949, ch. 156, § 5; C. Supp. 1950, § 552.37 (Williams, § 552.60); Acts 1957, ch. 261, § 3; 1963, ch. 135, § 1; T.C.A. (orig. ed.), § 43-2406.
Tenn. Code Ann. § 43-10-104 — TN Code / Title 43 / Chapter 10 / Section 43-10-104
Label requirements
Status: in_force

Each container of agricultural and vegetable seeds that is sold, offered or exposed for sale, distributed or transported within or into this state for seeding purposes shall bear thereon or have attached thereto in a conspicuous place a plainly written or printed label or tag in the English language, giving the information required under §§ 43-10-105 - 43-10-108, which information shall not be modified or denied in the labeling or on another label attached to the container. Acts 1986, ch. 660, § 5.
Each container of agricultural and vegetable seeds that is sold, offered or exposed for sale, distributed or transported within or into this state for seeding purposes shall bear thereon or have attached thereto in a conspicuous place a plainly written or printed label or tag in the English language, giving the information required under §§ 43-10-105 - 43-10-108, which information shall not be modified or denied in the labeling or on another label attached to the container.
Acts 1986, ch. 660, § 5.
Tenn. Code Ann. § 43-35-103 — TN Code / Title 43 / Chapter 35 / Section 43-35-103
Violations
Status: in_force

(a) No person shall violate this part, the southern dairy compact, or any rules or regulations adopted pursuant to either this chapter or the compact. (b) In addition to any other penalties provided by law, a civil penalty of one thousand dollars ($1,000) may be imposed for each violation, licenses may be revoked or suspended, or an additional civil penalty may be imposed in lieu of revocation or suspension. (c) Each day on which a violation occurs is a separate violation. Acts 1998, ch. 749, § 4.
(a) No person shall violate this part, the southern dairy compact, or any rules or regulations adopted pursuant to either this chapter or the compact.
(b) In addition to any other penalties provided by law, a civil penalty of one thousand dollars ($1,000) may be imposed for each violation, licenses may be revoked or suspended, or an additional civil penalty may be imposed in lieu of revocation or suspension.
(c) Each day on which a violation occurs is a separate violation.
Acts 1998, ch. 749, § 4.
Tenn. Code Ann. § 43-11-110 — TN Code / Title 43 / Chapter 11 / Section 43-11-110
Commercial value
Status: in_force

For the purpose of determining the commercial values to be applied under the provisions of § 43-11-109 , the commissioner shall determine and publish annually the values per pound of nitrogen, available phosphoric acid, and soluble potash in commercial fertilizers in this state. If guarantees are as provided in § 43-11-103(9)(B) , the values shall be per pound of nitrogen, phosphorus, and potassium. The values so determined and published shall be used in determining and assessing penalties. Acts 1969, ch. 102, § 10; T.C.A., § 43-1130.
For the purpose of determining the commercial values to be applied under the provisions of § 43-11-109 , the commissioner shall determine and publish annually the values per pound of nitrogen, available phosphoric acid, and soluble potash in commercial fertilizers in this state. If guarantees are as provided in § 43-11-103(9)(B) , the values shall be per pound of nitrogen, phosphorus, and potassium. The values so determined and published shall be used in determining and assessing penalties.
Acts 1969, ch. 102, § 10; T.C.A., § 43-1130.
Tenn. Code Ann. § 43-14-206 — TN Code / Title 43 / Chapter 14 / Section 43-14-206
Additional duties and powers of commission
Status: in_force

In addition to other duties and powers conferred upon the commission in this part, the commission may: (1) Assist supervisors in carrying out of their powers and programs, including working to provide training for supervisors and district employees, with an emphasis on proper financial management processes and procedures; (2) Inform supervisors of the activities and experience of other districts, and facilitate an interchange of advice and experience among the districts and cooperation between them, with a focus on communicating district successes in measurably lessening soil erosion rates, leading districts to engage with landowners who may be experiencing excessive soil erosion and water quality impacts, and better defining the interrelationship between soil erosion reductions and benefits to water and other natural resources; (3) Adopt resolutions and policies to facilitate the work of the districts and promulgate rules as necessary and appropriate; (4) Coordinate the programs of the districts by advice and consultation and encourage districts to partner on projects that cross district boundaries if necessary and appropriate to lessen soil erosion; (5) Secure the cooperation and assistance of the United States and any of its agencies, and of the agencies of this state, in the work of watershed districts established under title 69, chapter 6 and soil and water conservation districts; (6) Disseminate information throughout this state concerning the activities and programs of the soil and water conservation districts and watershed districts, and encourage and facilitate the formation of such districts in areas where their organization is desirable; (7) Constitute the state agency having the sole responsibility to administer and approve watershed districts and programs under federal law; (8) Collect and disseminate data and information concerning the causes, extent, and location of soil erosion problems in this state and encourage the funding of comprehensive research projects to study alternative solutions to these problems; (9) Collaborate with the state and national associations of conservation districts to leverage their advice, financial assistance, and consultation to assist the supervisors and employees of the districts with providing services to landowners and land occupiers to reduce soil erosion and improve water quality; (10) Develop and maintain a comprehensive statewide plan for the conservation of Tennessee's soils, including a plan to measurably reduce sedimentation impacts to Tennessee waters, and revise the plan as needed, and at least every five (5) years, in consultation with appropriate sources of information; and (11) Prepare and submit annually to the commissioner a report of the progress regarding, and a budget request adequate to fund, the implementation of soil and water conservation programs in this state. Amended by 2021 Tenn. Acts, ch. 203, s 2, eff. 4/22/2021. Acts 1939, ch. 197, § 4; C. Supp. 1950, § 552.4 (Williams, § 552.34); Acts 1957, ch. 158, § 1; 1959, ch. 164, § 1; T.C.A. (orig. ed.), § 43-1506; Acts 1986, ch. 888, § 2.
In addition to other duties and powers conferred upon the commission in this part, the commission may:
(1) Assist supervisors in carrying out of their powers and programs, including working to provide training for supervisors and district employees, with an emphasis on proper financial management processes and procedures;
(2) Inform supervisors of the activities and experience of other districts, and facilitate an interchange of advice and experience among the districts and cooperation between them, with a focus on communicating district successes in measurably lessening soil erosion rates, leading districts to engage with landowners who may be experiencing excessive soil erosion and water quality impacts, and better defining the interrelationship between soil erosion reductions and benefits to water and other natural resources;
(3) Adopt resolutions and policies to facilitate the work of the districts and promulgate rules as necessary and appropriate;
(4) Coordinate the programs of the districts by advice and consultation and encourage districts to partner on projects that cross district boundaries if necessary and appropriate to lessen soil erosion;
(5) Secure the cooperation and assistance of the United States and any of its agencies, and of the agencies of this state, in the work of watershed districts established under title 69, chapter 6 and soil and water conservation districts;
(6) Disseminate information throughout this state concerning the activities and programs of the soil and water conservation districts and watershed districts, and encourage and facilitate the formation of such districts in areas where their organization is desirable;
(7) Constitute the state agency having the sole responsibility to administer and approve watershed districts and programs under federal law;
(8) Collect and disseminate data and information concerning the causes, extent, and location of soil erosion problems in this state and encourage the funding of comprehensive research projects to study alternative solutions to these problems;
(9) Collaborate with the state and national associations of conservation districts to leverage their advice, financial assistance, and consultation to assist the supervisors and employees of the districts with providing services to landowners and land occupiers to reduce soil erosion and improve water quality;
(10) Develop and maintain a comprehensive statewide plan for the conservation of Tennessee's soils, including a plan to measurably reduce sedimentation impacts to Tennessee waters, and revise the plan as needed, and at least every five (5) years, in consultation with appropriate sources of information; and
(11) Prepare and submit annually to the commissioner a report of the progress regarding, and a budget request adequate to fund, the implementation of soil and water conservation programs in this state.
Amended by 2021 Tenn. Acts, ch. 203, s 2, eff. 4/22/2021.
Acts 1939, ch. 197, § 4; C. Supp. 1950, § 552.4 (Williams, § 552.34); Acts 1957, ch. 158, § 1; 1959, ch. 164, § 1; T.C.A. (orig. ed.), § 43-1506; Acts 1986, ch. 888, § 2.
Tenn. Code Ann. § 43-6-406 — TN Code / Title 43 / Chapter 6 / Section 43-6-406
Promulgation of rules - Quarantine
Status: in_force

Whenever the commissioner determines that such action is necessary, or reasonably appears necessary, to prevent or retard the spread of the boll weevil, the commissioner may promulgate rules quarantining this state, or any portion thereof, and governing the storage or other handling in the quarantined areas of regulated articles and the movement of regulated articles into or from quarantined areas. The commissioner may also promulgate rules governing the movement of regulated articles from other states or portions thereof into this state when the other state is known to be infested. Acts 1989, ch. 350, § 6.
Whenever the commissioner determines that such action is necessary, or reasonably appears necessary, to prevent or retard the spread of the boll weevil, the commissioner may promulgate rules quarantining this state, or any portion thereof, and governing the storage or other handling in the quarantined areas of regulated articles and the movement of regulated articles into or from quarantined areas. The commissioner may also promulgate rules governing the movement of regulated articles from other states or portions thereof into this state when the other state is known to be infested.
Acts 1989, ch. 350, § 6.
Tenn. Code Ann. § 43-10-206 — TN Code / Title 43 / Chapter 10 / Section 43-10-206
Violations - Penalties
Status: in_force

It is unlawful for any person, firm, association or corporation to issue, make, use or circulate any certification as provided for in this part, without authority from and the approval of the state seed certifying agency. Any person, firm, association or corporation who violates any provision of this part commits a Class A misdemeanor for each separate offense, and shall further be denied any right to apply for subsequent certification for such a period as the court sees fit but not to exceed one (1) year. Acts 1985, ch. 329, § 1; 1989, ch. 591, §§ 1, 6.
It is unlawful for any person, firm, association or corporation to issue, make, use or circulate any certification as provided for in this part, without authority from and the approval of the state seed certifying agency. Any person, firm, association or corporation who violates any provision of this part commits a Class A misdemeanor for each separate offense, and shall further be denied any right to apply for subsequent certification for such a period as the court sees fit but not to exceed one (1) year.
Acts 1985, ch. 329, § 1; 1989, ch. 591, §§ 1, 6.
Tenn. Code Ann. § 43-8-311 — TN Code / Title 43 / Chapter 8 / Section 43-8-311
Photographic identification
Status: in_force

Aerial applicators shall have in their possession a valid aerial applicators license, containing photographic identification, issued by the Tennessee department of agriculture, at all times when they are engaged in the aerial application of pesticides in the state of Tennessee. Acts 2003, ch. 120, § 2.
Aerial applicators shall have in their possession a valid aerial applicators license, containing photographic identification, issued by the Tennessee department of agriculture, at all times when they are engaged in the aerial application of pesticides in the state of Tennessee.
Acts 2003, ch. 120, § 2.
Tenn. Code Ann. § 43-1-604 — TN Code / Title 43 / Chapter 1 / Section 43-1-604
Acceptance, admission and induction to hall of fame - Rules and regulations
Status: in_force

(a) The board is empowered to formulate rules and regulations governing the acceptance and admission of candidates to the Tennessee agricultural hall of fame; provided, that no name shall be accepted until an authentic and written record of the achievements of the person in agricultural activities has been presented to and accepted by a majority vote of the board. (b) The board shall promulgate rules and regulations to prescribe procedures to be used for the induction of nominees; provided, that any nominee who is deceased shall be eligible for induction five (5) years from the date of such nominee's death. Acts 1937, ch. 43, § 4; 1991, ch. 106, § 3.
(a) The board is empowered to formulate rules and regulations governing the acceptance and admission of candidates to the Tennessee agricultural hall of fame; provided, that no name shall be accepted until an authentic and written record of the achievements of the person in agricultural activities has been presented to and accepted by a majority vote of the board.
(b) The board shall promulgate rules and regulations to prescribe procedures to be used for the induction of nominees; provided, that any nominee who is deceased shall be eligible for induction five (5) years from the date of such nominee's death.
Acts 1937, ch. 43, § 4; 1991, ch. 106, § 3.
Tenn. Code Ann. § 43-37-101 — TN Code / Title 43 / Chapter 37 / Section 43-37-101
Short title
Status: in_force

This act shall be known and may be cited as the "Biobased Products for Farmers and Rural Development Act of 2000." Acts 2000, ch. 838, § 2.
This act shall be known and may be cited as the "Biobased Products for Farmers and Rural Development Act of 2000."
Acts 2000, ch. 838, § 2.
Tenn. Code Ann. § 43-6-107 — TN Code / Title 43 / Chapter 6 / Section 43-6-107
Appointment of assistants - Cooperative agreements - Official publication
Status: in_force

The commissioner has the power and authority to: (1) Purchase all necessary materials, supplies, office, laboratory, and field equipment and other things, in the manner prescribed by law, and make such other expenditures as may be essential and necessary in carrying out this part within the limits of the amount appropriated by law; (2) Appoint, in accordance with any applicable rules or regulations of the department of human resources, such assistants, inspectors and other employees as may be required and prescribe their duties, and delegate to the assistants, inspectors and other employees such powers and authority as may be deemed proper within the limits of the power and authority conferred upon the commissioner by this part; (3) Enter into cooperative arrangements with any person, municipality, county and other departments of this state, and boards, officers and authorities of other states and the United States for inspection with reference to insect pests, pest plants, or plant diseases and for the control and eradication of insect pests, pest plants, or plant diseases, and to contribute a just proportionate share of the expenses incurred under such arrangements; and (4) Publish, at intervals to be determined by the commissioner, an official organ of the department of agriculture for public distribution and may from time to time publish and distribute to the public such further information as may be deemed necessary or in the public interest. Acts 1955, ch. 8, § 7; T.C.A., § 43-521; Acts 1995, ch. 330, § 3; 1997, ch. 70, § 6.
The commissioner has the power and authority to:
(1) Purchase all necessary materials, supplies, office, laboratory, and field equipment and other things, in the manner prescribed by law, and make such other expenditures as may be essential and necessary in carrying out this part within the limits of the amount appropriated by law;
(2) Appoint, in accordance with any applicable rules or regulations of the department of human resources, such assistants, inspectors and other employees as may be required and prescribe their duties, and delegate to the assistants, inspectors and other employees such powers and authority as may be deemed proper within the limits of the power and authority conferred upon the commissioner by this part;
(3) Enter into cooperative arrangements with any person, municipality, county and other departments of this state, and boards, officers and authorities of other states and the United States for inspection with reference to insect pests, pest plants, or plant diseases and for the control and eradication of insect pests, pest plants, or plant diseases, and to contribute a just proportionate share of the expenses incurred under such arrangements; and
(4) Publish, at intervals to be determined by the commissioner, an official organ of the department of agriculture for public distribution and may from time to time publish and distribute to the public such further information as may be deemed necessary or in the public interest.
Acts 1955, ch. 8, § 7; T.C.A., § 43-521; Acts 1995, ch. 330, § 3; 1997, ch. 70, § 6.
Tenn. Code Ann. § 43-6-402 — TN Code / Title 43 / Chapter 6 / Section 43-6-402
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Boll weevil" means Anthonomus grandis Boheman in any stage of development; (2) "Certificate" means a document issued or authorized by the commissioner indicating that a regulated article is not contaminated with boll weevils; (3) "Commissioner" means the commissioner of agriculture or the commissioner's designated representative; (4) "Cotton" means any cotton plant or cotton plant product upon which the boll weevil is dependent for completion of any portion of its life cycle; (5) "Cotton grower" means any person who is engaged in and has an economic risk in the business of producing, or causing to be produced, cotton for market; (6) "Department" means the Tennessee department of agriculture; (7) "Host" means any plant or plant product upon which the boll weevil is dependent for completion of any portion of its life cycle; (8) "Infested" means actually infested with a boll weevil, or so exposed to infestation that it would be reasonable to believe that an infestation exists; (9) "Permit" means a document issued or authorized by the commissioner to provide for the movement of regulated articles to restricted designations for limited handling, utilization, or processing; (10) "Person" means any individual, corporation, company, society, or association, or other business entity; and (11) "Regulated article" means any article of any character carrying or capable of carrying the boll weevil, including, but not limited to, cotton plants, seed cotton, other hosts, gin trash and mechanical cotton pickers. Acts 1989, ch. 350, § 2.
As used in this part, unless the context otherwise requires:
(1) "Boll weevil" means Anthonomus grandis Boheman in any stage of development;
(2) "Certificate" means a document issued or authorized by the commissioner indicating that a regulated article is not contaminated with boll weevils;
(3) "Commissioner" means the commissioner of agriculture or the commissioner's designated representative;
(4) "Cotton" means any cotton plant or cotton plant product upon which the boll weevil is dependent for completion of any portion of its life cycle;
(5) "Cotton grower" means any person who is engaged in and has an economic risk in the business of producing, or causing to be produced, cotton for market;
(6) "Department" means the Tennessee department of agriculture;
(7) "Host" means any plant or plant product upon which the boll weevil is dependent for completion of any portion of its life cycle;
(8) "Infested" means actually infested with a boll weevil, or so exposed to infestation that it would be reasonable to believe that an infestation exists;
(9) "Permit" means a document issued or authorized by the commissioner to provide for the movement of regulated articles to restricted designations for limited handling, utilization, or processing;
(10) "Person" means any individual, corporation, company, society, or association, or other business entity; and
(11) "Regulated article" means any article of any character carrying or capable of carrying the boll weevil, including, but not limited to, cotton plants, seed cotton, other hosts, gin trash and mechanical cotton pickers.
Acts 1989, ch. 350, § 2.
Tenn. Code Ann. § 43-20-204 — TN Code / Title 43 / Chapter 20 / Section 43-20-204
Legality of associations, meetings or actions - Restraint of trade
Status: in_force

No association, meeting or act undertaken pursuant to this part and intended to benefit the producers and purchasers of soybeans is illegal or in restraint of trade. Acts 1985, ch. 108, § 4.
No association, meeting or act undertaken pursuant to this part and intended to benefit the producers and purchasers of soybeans is illegal or in restraint of trade.
Acts 1985, ch. 108, § 4.
Tenn. Code Ann. § 43-6-206 — TN Code / Title 43 / Chapter 6 / Section 43-6-206
Failure to comply - Prosecution
Status: in_force

Upon failure or refusal to comply with this part, the failure or refusal shall be reported by the county weed control board to the district attorney general for the county affected, and it shall be the duty of the district attorney general to prosecute all persons violating this part in the manner provided in this part. Acts 1961, ch. 306, § 6; T.C.A., § 43-2706.
Upon failure or refusal to comply with this part, the failure or refusal shall be reported by the county weed control board to the district attorney general for the county affected, and it shall be the duty of the district attorney general to prosecute all persons violating this part in the manner provided in this part.
Acts 1961, ch. 306, § 6; T.C.A., § 43-2706.
Tenn. Code Ann. § 43-6-113 — TN Code / Title 43 / Chapter 6 / Section 43-6-113
Establishment of fees
Status: in_force

(a) A nematode sample analysis fee shall be set by rule pursuant to § 43-1-703 . (b) Nursery stock or other plant material plant dealer certificate fees shall be set by rule pursuant to § 43-1-703 . (c) Florist certificate fees shall be set by rule pursuant to § 43-1-703 . (d) The fee for phytosanitary certificates shall be equivalent to United States department of agriculture, animal and plant health inspection service fees. (e) The department shall have no authority under this section to assess the greenhouse plant certification fee, or any other license fee or plant certification fee established by this part against: (1) Any person engaged in the production of tobacco seedlings; or (2) Any farmer who produces and sells plants or seedlings in connection with the person's farming operations, but who is not primarily engaged in the business of producing and selling plants or seedlings, as determined by the commissioner. Added by 2015 Tenn. Acts, ch. 485,s 4, eff. 7/1/2015.
(a) A nematode sample analysis fee shall be set by rule pursuant to § 43-1-703 .
(b) Nursery stock or other plant material plant dealer certificate fees shall be set by rule pursuant to § 43-1-703 .
(c) Florist certificate fees shall be set by rule pursuant to § 43-1-703 .
(d) The fee for phytosanitary certificates shall be equivalent to United States department of agriculture, animal and plant health inspection service fees.
(e) The department shall have no authority under this section to assess the greenhouse plant certification fee, or any other license fee or plant certification fee established by this part against: (1) Any person engaged in the production of tobacco seedlings; or (2) Any farmer who produces and sells plants or seedlings in connection with the person's farming operations, but who is not primarily engaged in the business of producing and selling plants or seedlings, as determined by the commissioner.
(1) Any person engaged in the production of tobacco seedlings; or
(2) Any farmer who produces and sells plants or seedlings in connection with the person's farming operations, but who is not primarily engaged in the business of producing and selling plants or seedlings, as determined by the commissioner.
Added by 2015 Tenn. Acts, ch. 485,s 4, eff. 7/1/2015.
Tenn. Code Ann. § 43-17-101 — TN Code / Title 43 / Chapter 17 / Section 43-17-101
Purchasers of pecans for resale to keep records - Open to inspection - Exception
Status: in_force

(a) Any person purchasing pecans for the purpose of resale or processing from anyone selling pecans shall keep a well-bound book, in which that person shall promptly enter in ink the name and place of residence of all persons from whom that person buys pecans, followed by the date of purchase, number of pounds bought, the amounts paid, and how the payment was made, whether in cash or by check, whether they were owned or raised, or purchased by the seller, and on whose land the pecan trees were located when gathered. The entries are to be made in chronological order from day to day as the business is transacted. This book shall at all times be open to inspection by the police or other officers, or any person who may desire to see it, and shall be in good faith kept and preserved by dealers for convenient inspection. (b) This chapter shall not apply to purchase of pecans by retail merchants from wholesale distributors for sale at retail. Acts 1947, ch. 174, § 1; C. Supp. 1950, § 5755.28 (Williams, § 5753.14); modified; T.C.A. (orig. ed.), § 43-1901.
(a) Any person purchasing pecans for the purpose of resale or processing from anyone selling pecans shall keep a well-bound book, in which that person shall promptly enter in ink the name and place of residence of all persons from whom that person buys pecans, followed by the date of purchase, number of pounds bought, the amounts paid, and how the payment was made, whether in cash or by check, whether they were owned or raised, or purchased by the seller, and on whose land the pecan trees were located when gathered. The entries are to be made in chronological order from day to day as the business is transacted. This book shall at all times be open to inspection by the police or other officers, or any person who may desire to see it, and shall be in good faith kept and preserved by dealers for convenient inspection.
(b) This chapter shall not apply to purchase of pecans by retail merchants from wholesale distributors for sale at retail.
Acts 1947, ch. 174, § 1; C. Supp. 1950, § 5755.28 (Williams, § 5753.14); modified; T.C.A. (orig. ed.), § 43-1901.
Tenn. Code Ann. § 43-31-103 — TN Code / Title 43 / Chapter 31 / Section 43-31-103
Security interest notification statements - Response by lender
Status: in_force

(a) A supplier, at the request of the debtor, may notify a lender of an agricultural production input security interest by providing a security interest notification statement to the lender in an envelope marked "IMPORTANT-LEGAL NOTICE." Delivery of the notice must be made by certified mail or another verifiable method. (b) The security interest notification statement shall contain the following information: (1) The name and business address of the lender that is to receive notification; (2) The name and address of the supplier claiming the security interest; (3) A description and the date or anticipated date or dates of the transaction and the retail cost or anticipated costs of the agricultural production input; (4) The name, residential address, and signature of the person to whom the agricultural production input was or is to be furnished; (5) The name and residential address of the owner and a description of the real estate where the crops to which the security interest attaches are growing or are to be grown; and (6) A statement that the security interest notification statement shall not be considered as an application for credit as defined in the Equal Credit Opportunity Act, compiled in 15 U.S.C. §§ 1691 - 1691f . (c) (1) Within fifteen (15) calendar days after receipt of a security interest notification statement, together with an authorization pursuant to § 45-10-105 signed by the person to whom the agricultural production input was or is to be furnished, a lender shall respond in writing to the supplier and to the person to whom the agricultural production input was or is to be furnished as follows: (A) (i) Whether the lender has extended credit to the person to whom supplies were or are to be furnished to enable that person to produce crops during the then current or the next upcoming production season, and the amount of unexpended credit, if any, available to that person; and (ii) Whether the lender has extended credit to the person, which credit is secured by or may be secured by a security interest in the crops of the then current or the next upcoming production season, by an after-acquired property clause or otherwise, and the date such credit was executed or given; (B) If the lender has extended credit to the person and there is unexpended credit available, upon authorization signed by that person, the lender shall make any advances on the unexpended credit payable jointly to that person and to the supplier, up to the amount stated in the authorization or the amount of unexpended credit, whichever is less; (C) If the lender has extended credit to the person but there are no funds unexpended, or if no credit has been extended to the person, whether the lender is interested in issuing a letter of commitment upon receipt of a loan application and compliance with any conditions for the issuance of a letter of commitment; and (D) Whether the lender has pending a credit application from the person to enable that person to produce crops during the then current or the next upcoming production season, and the amount applied for. (2) If a lender does not respond to a security interest notification statement within fifteen (15) calendar days of receipt, a supplier may deliver to the lender a second security interest notification statement, which shall state that it is a second notice. Within ten (10) calendar days after receipt of the second notice, the lender shall respond in writing as stated in subdivision (c)(1). (d) Notwithstanding §§ 47-9-204 and 47-9-324 , if a lender does not timely respond to a second security interest notification statement, a perfected agricultural production input security interest corresponding to the security interest notification statement has priority over any security interest of the lender in the same crops or their proceeds; provided, that the supplier perfects such security interest within ten (10) days of its attachment. (e) (1) Any response provided by a lender shall be adequate if it provides information that is within the knowledge of the lender as of the date of the response. No subsequent statement shall be required from the lender for information that arises after the date of the response. (2) The priority of a security interest in crops or their proceeds, of a lender who responds to a security interest notification statement or who is not required to respond, shall be governed solely by the Uniform Commercial Code, compiled in title 47, chapter 9, and not by this chapter. (f) A security interest notification statement provided pursuant to subsection (c) shall be accompanied by a fee of fifteen dollars ($15.00); provided, that no fee shall be required for a second notification if the lender fails to respond to the first notification within the fifteen-day period. Acts 1986, ch. 922, § 3; 2000, ch. 846, § 22a.
(a) A supplier, at the request of the debtor, may notify a lender of an agricultural production input security interest by providing a security interest notification statement to the lender in an envelope marked "IMPORTANT-LEGAL NOTICE." Delivery of the notice must be made by certified mail or another verifiable method.
(b) The security interest notification statement shall contain the following information: (1) The name and business address of the lender that is to receive notification; (2) The name and address of the supplier claiming the security interest; (3) A description and the date or anticipated date or dates of the transaction and the retail cost or anticipated costs of the agricultural production input; (4) The name, residential address, and signature of the person to whom the agricultural production input was or is to be furnished; (5) The name and residential address of the owner and a description of the real estate where the crops to which the security interest attaches are growing or are to be grown; and (6) A statement that the security interest notification statement shall not be considered as an application for credit as defined in the Equal Credit Opportunity Act, compiled in 15 U.S.C. §§ 1691 - 1691f .
(1) The name and business address of the lender that is to receive notification;
(2) The name and address of the supplier claiming the security interest;
(3) A description and the date or anticipated date or dates of the transaction and the retail cost or anticipated costs of the agricultural production input;
(4) The name, residential address, and signature of the person to whom the agricultural production input was or is to be furnished;
(5) The name and residential address of the owner and a description of the real estate where the crops to which the security interest attaches are growing or are to be grown; and
(6) A statement that the security interest notification statement shall not be considered as an application for credit as defined in the Equal Credit Opportunity Act, compiled in 15 U.S.C. §§ 1691 - 1691f .
(c) (1) Within fifteen (15) calendar days after receipt of a security interest notification statement, together with an authorization pursuant to § 45-10-105 signed by the person to whom the agricultural production input was or is to be furnished, a lender shall respond in writing to the supplier and to the person to whom the agricultural production input was or is to be furnished as follows: (A) (i) Whether the lender has extended credit to the person to whom supplies were or are to be furnished to enable that person to produce crops during the then current or the next upcoming production season, and the amount of unexpended credit, if any, available to that person; and (ii) Whether the lender has extended credit to the person, which credit is secured by or may be secured by a security interest in the crops of the then current or the next upcoming production season, by an after-acquired property clause or otherwise, and the date such credit was executed or given; (B) If the lender has extended credit to the person and there is unexpended credit available, upon authorization signed by that person, the lender shall make any advances on the unexpended credit payable jointly to that person and to the supplier, up to the amount stated in the authorization or the amount of unexpended credit, whichever is less; (C) If the lender has extended credit to the person but there are no funds unexpended, or if no credit has been extended to the person, whether the lender is interested in issuing a letter of commitment upon receipt of a loan application and compliance with any conditions for the issuance of a letter of commitment; and (D) Whether the lender has pending a credit application from the person to enable that person to produce crops during the then current or the next upcoming production season, and the amount applied for. (2) If a lender does not respond to a security interest notification statement within fifteen (15) calendar days of receipt, a supplier may deliver to the lender a second security interest notification statement, which shall state that it is a second notice. Within ten (10) calendar days after receipt of the second notice, the lender shall respond in writing as stated in subdivision (c)(1).
(1) Within fifteen (15) calendar days after receipt of a security interest notification statement, together with an authorization pursuant to § 45-10-105 signed by the person to whom the agricultural production input was or is to be furnished, a lender shall respond in writing to the supplier and to the person to whom the agricultural production input was or is to be furnished as follows: (A) (i) Whether the lender has extended credit to the person to whom supplies were or are to be furnished to enable that person to produce crops during the then current or the next upcoming production season, and the amount of unexpended credit, if any, available to that person; and (ii) Whether the lender has extended credit to the person, which credit is secured by or may be secured by a security interest in the crops of the then current or the next upcoming production season, by an after-acquired property clause or otherwise, and the date such credit was executed or given; (B) If the lender has extended credit to the person and there is unexpended credit available, upon authorization signed by that person, the lender shall make any advances on the unexpended credit payable jointly to that person and to the supplier, up to the amount stated in the authorization or the amount of unexpended credit, whichever is less; (C) If the lender has extended credit to the person but there are no funds unexpended, or if no credit has been extended to the person, whether the lender is interested in issuing a letter of commitment upon receipt of a loan application and compliance with any conditions for the issuance of a letter of commitment; and (D) Whether the lender has pending a credit application from the person to enable that person to produce crops during the then current or the next upcoming production season, and the amount applied for.
(A) (i) Whether the lender has extended credit to the person to whom supplies were or are to be furnished to enable that person to produce crops during the then current or the next upcoming production season, and the amount of unexpended credit, if any, available to that person; and (ii) Whether the lender has extended credit to the person, which credit is secured by or may be secured by a security interest in the crops of the then current or the next upcoming production season, by an after-acquired property clause or otherwise, and the date such credit was executed or given;
(i) Whether the lender has extended credit to the person to whom supplies were or are to be furnished to enable that person to produce crops during the then current or the next upcoming production season, and the amount of unexpended credit, if any, available to that person; and
(ii) Whether the lender has extended credit to the person, which credit is secured by or may be secured by a security interest in the crops of the then current or the next upcoming production season, by an after-acquired property clause or otherwise, and the date such credit was executed or given;
(B) If the lender has extended credit to the person and there is unexpended credit available, upon authorization signed by that person, the lender shall make any advances on the unexpended credit payable jointly to that person and to the supplier, up to the amount stated in the authorization or the amount of unexpended credit, whichever is less;
(C) If the lender has extended credit to the person but there are no funds unexpended, or if no credit has been extended to the person, whether the lender is interested in issuing a letter of commitment upon receipt of a loan application and compliance with any conditions for the issuance of a letter of commitment; and
(D) Whether the lender has pending a credit application from the person to enable that person to produce crops during the then current or the next upcoming production season, and the amount applied for.
(2) If a lender does not respond to a security interest notification statement within fifteen (15) calendar days of receipt, a supplier may deliver to the lender a second security interest notification statement, which shall state that it is a second notice. Within ten (10) calendar days after receipt of the second notice, the lender shall respond in writing as stated in subdivision (c)(1).
(d) Notwithstanding §§ 47-9-204 and 47-9-324 , if a lender does not timely respond to a second security interest notification statement, a perfected agricultural production input security interest corresponding to the security interest notification statement has priority over any security interest of the lender in the same crops or their proceeds; provided, that the supplier perfects such security interest within ten (10) days of its attachment.
(e) (1) Any response provided by a lender shall be adequate if it provides information that is within the knowledge of the lender as of the date of the response. No subsequent statement shall be required from the lender for information that arises after the date of the response. (2) The priority of a security interest in crops or their proceeds, of a lender who responds to a security interest notification statement or who is not required to respond, shall be governed solely by the Uniform Commercial Code, compiled in title 47, chapter 9, and not by this chapter.
(1) Any response provided by a lender shall be adequate if it provides information that is within the knowledge of the lender as of the date of the response. No subsequent statement shall be required from the lender for information that arises after the date of the response.
(2) The priority of a security interest in crops or their proceeds, of a lender who responds to a security interest notification statement or who is not required to respond, shall be governed solely by the Uniform Commercial Code, compiled in title 47, chapter 9, and not by this chapter.
(f) A security interest notification statement provided pursuant to subsection (c) shall be accompanied by a fee of fifteen dollars ($15.00); provided, that no fee shall be required for a second notification if the lender fails to respond to the first notification within the fifteen-day period.
Acts 1986, ch. 922, § 3; 2000, ch. 846, § 22a.
Tenn. Code Ann. § 43-11-303 — TN Code / Title 43 / Chapter 11 / Section 43-11-303
Part definitions
Status: in_force

(a) "Anhydrous ammonia," when used exclusively for commercial fertilizer, is, for the purpose of this part, defined as follows: anhydrous ammonia contains eighty-two percent (82%) nitrogen. At atmospheric pressure, ammonia is a gas that exists as a liquid below minus twenty-eight degrees Fahrenheit (-28° F.), and boils at this temperature. In commerce, ammonia is compressed to a liquid and stored under pressure. The gauge pressure is seventy-five pounds (75 lbs.) per square inch at fifty degrees Fahrenheit (50° F.), and one hundred ninety-seven pounds (197 lbs.) per square inch at one hundred degrees Fahrenheit (100° F.). The pressures exerted by anhydrous ammonia are dangerous unless the proper safety devices are installed in the equipment and care is used in handling. (b) "Dealers in anhydrous ammonia and equipment," as covered by this part, are all persons, firms, corporations or associations who buy and sell or distribute at wholesale or retail to users and consumers, anhydrous ammonia as a fertilizer, or equipment used in the installation, storage, handling, utilization and dispensing of anhydrous ammonia as a fertilizer. Manufacturers of anhydrous ammonia, or manufacturers or jobbers that wholesale anhydrous ammonia equipment, when sold to dealers or distributors, as defined in this part, or any person or persons, firms or corporations owning or maintaining storage facilities for anhydrous ammonia as a fertilizer for their own use and accommodation, and for the use and accommodation of their tenant or sharecropper, are not to be classed as dealers within the meaning and intention of this part. Acts 1949, ch. 198, § 3; C. Supp. 1950, § 519.3; T.C.A. (orig. ed.), §§ 43-1303, 43-13-103.
(a) "Anhydrous ammonia," when used exclusively for commercial fertilizer, is, for the purpose of this part, defined as follows: anhydrous ammonia contains eighty-two percent (82%) nitrogen. At atmospheric pressure, ammonia is a gas that exists as a liquid below minus twenty-eight degrees Fahrenheit (-28° F.), and boils at this temperature. In commerce, ammonia is compressed to a liquid and stored under pressure. The gauge pressure is seventy-five pounds (75 lbs.) per square inch at fifty degrees Fahrenheit (50° F.), and one hundred ninety-seven pounds (197 lbs.) per square inch at one hundred degrees Fahrenheit (100° F.). The pressures exerted by anhydrous ammonia are dangerous unless the proper safety devices are installed in the equipment and care is used in handling.
(b) "Dealers in anhydrous ammonia and equipment," as covered by this part, are all persons, firms, corporations or associations who buy and sell or distribute at wholesale or retail to users and consumers, anhydrous ammonia as a fertilizer, or equipment used in the installation, storage, handling, utilization and dispensing of anhydrous ammonia as a fertilizer. Manufacturers of anhydrous ammonia, or manufacturers or jobbers that wholesale anhydrous ammonia equipment, when sold to dealers or distributors, as defined in this part, or any person or persons, firms or corporations owning or maintaining storage facilities for anhydrous ammonia as a fertilizer for their own use and accommodation, and for the use and accommodation of their tenant or sharecropper, are not to be classed as dealers within the meaning and intention of this part.
Acts 1949, ch. 198, § 3; C. Supp. 1950, § 519.3; T.C.A. (orig. ed.), §§ 43-1303, 43-13-103.
Tenn. Code Ann. § 43-21-110 — TN Code / Title 43 / Chapter 21 / Section 43-21-110
Commissioner authorized to make regulations
Status: in_force

The commissioner of agriculture is empowered to make such rules and regulations in conformity with this chapter as, in the commissioner's judgment, may promote better agricultural fairs and agriculture in general in Tennessee. Acts 1949, ch. 156, § 9; C. Supp. 1950, § 552.41 (Williams, § 552.64); T.C.A. (orig. ed.), § 43-2410.
The commissioner of agriculture is empowered to make such rules and regulations in conformity with this chapter as, in the commissioner's judgment, may promote better agricultural fairs and agriculture in general in Tennessee.
Acts 1949, ch. 156, § 9; C. Supp. 1950, § 552.41 (Williams, § 552.64); T.C.A. (orig. ed.), § 43-2410.
Tenn. Code Ann. § 43-20-203 — TN Code / Title 43 / Chapter 20 / Section 43-20-203
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Board" means the Tennessee soybean promotion board established by § 43-20-102 ; (2) "Commissioner" means the commissioner of agriculture; (3) "Department" means the department of agriculture; (4) "Producer" means a person who produces soybeans as an ongoing commercial operation and includes any landowner who shares in the production costs or the proceeds of the sale of any soybeans that are grown on the landowner's land; and (5) "Purchaser" means any person, public or private corporation, federal commodity credit corporation, association or partnership, buying, accepting shipment or otherwise accepting the property, in or to soybeans from a producer, and includes a mortgagee, pledgee, lienor, or other person, public or private, having a claim against the producer when the actual or constructive possession of the soybeans is taken as part payment or in satisfaction of the mortgage, pledge, lien, or claim. Acts 1985, ch. 108, § 3; 1987, ch. 183, § 1.
As used in this part, unless the context otherwise requires:
(1) "Board" means the Tennessee soybean promotion board established by § 43-20-102 ;
(2) "Commissioner" means the commissioner of agriculture;
(3) "Department" means the department of agriculture;
(4) "Producer" means a person who produces soybeans as an ongoing commercial operation and includes any landowner who shares in the production costs or the proceeds of the sale of any soybeans that are grown on the landowner's land; and
(5) "Purchaser" means any person, public or private corporation, federal commodity credit corporation, association or partnership, buying, accepting shipment or otherwise accepting the property, in or to soybeans from a producer, and includes a mortgagee, pledgee, lienor, or other person, public or private, having a claim against the producer when the actual or constructive possession of the soybeans is taken as part payment or in satisfaction of the mortgage, pledge, lien, or claim.
Acts 1985, ch. 108, § 3; 1987, ch. 183, § 1.
Tenn. Code Ann. § 43-6-102 — TN Code / Title 43 / Chapter 6 / Section 43-6-102
Part definitions
Status: in_force

As used in this part and the rules, regulations or orders made pursuant to this part, unless the context otherwise requires: (1) "Agent" means any person soliciting orders for or selling or distributing nursery stock or other plants under the partial or full control of a nursery owner or dealer; (2) "Commissioner" means the commissioner of agriculture or the commissioner's duly authorized agents; (3) "Dealer" means any person not a grower of nursery stock or other plants who buys or otherwise acquires nursery stock or other plants for the purpose of reselling or otherwise distributing nursery stock or other plants independently of any control of the grower; (4) "Florist" means an establishment whose primary business is the retail sale of fresh cut flowers. A florist shall not be considered a dealer; provided, that the sales of rooted plant material sold by a florist shall be those used to enhance fresh cut flower arrangements, or that are intended to be grown and maintained indoors and that are not intended to be planted in the landscape; (5) "Greenhouses" means any glass house, screen house or other structure in which plants are grown, kept, or propagated for sale or distribution; (6) "Insect pests" means insects or closely related organisms in any stage of development injurious to the agricultural, horticultural, silvicultural, or other interests of the state; (7) "Nursery" means any grounds or premises on or in which nursery stock is grown, kept or propagated for sale or distribution; (8) "Nursery farmer" means any person engaged in the practice of growing or propagating nursery stock for sale, which person shall for all statutory purposes be deemed to be a farmer; (9) "Nursery stock" means all trees, shrubs, or other perennial plants or parts of trees, shrubs, or other perennial plants grown or kept for, or capable of propagation, distribution, or sale on a commercial basis; (10) "Nursery worker" means all persons employed on a nursery or property used in conjunction with a nursery, for the purpose of cultivating the soil, growing and propagating the stock, or for duties necessary for the grading, fumigating, cutting, packing, and the like, of the plants on the nursery, or the property used in conjunction with the nursery and prior to their entry into channels of commerce, shall be recognized for all statutory purposes as "farm laborers"; and (11) "Plant diseases" means infectious or transmissible diseases of plants, and their pathogens, including parasitic plants in any stage of development. Acts 1955, ch. 8, § 2; 1959, ch. 78, § 1; 1959, ch. 144, § 1; T.C.A., § 43-516; Acts 1997, ch. 70, § 2; 1998, ch. 636, § 1.
As used in this part and the rules, regulations or orders made pursuant to this part, unless the context otherwise requires:
(1) "Agent" means any person soliciting orders for or selling or distributing nursery stock or other plants under the partial or full control of a nursery owner or dealer;
(2) "Commissioner" means the commissioner of agriculture or the commissioner's duly authorized agents;
(3) "Dealer" means any person not a grower of nursery stock or other plants who buys or otherwise acquires nursery stock or other plants for the purpose of reselling or otherwise distributing nursery stock or other plants independently of any control of the grower;
(4) "Florist" means an establishment whose primary business is the retail sale of fresh cut flowers. A florist shall not be considered a dealer; provided, that the sales of rooted plant material sold by a florist shall be those used to enhance fresh cut flower arrangements, or that are intended to be grown and maintained indoors and that are not intended to be planted in the landscape;
(5) "Greenhouses" means any glass house, screen house or other structure in which plants are grown, kept, or propagated for sale or distribution;
(6) "Insect pests" means insects or closely related organisms in any stage of development injurious to the agricultural, horticultural, silvicultural, or other interests of the state;
(7) "Nursery" means any grounds or premises on or in which nursery stock is grown, kept or propagated for sale or distribution;
(8) "Nursery farmer" means any person engaged in the practice of growing or propagating nursery stock for sale, which person shall for all statutory purposes be deemed to be a farmer;
(9) "Nursery stock" means all trees, shrubs, or other perennial plants or parts of trees, shrubs, or other perennial plants grown or kept for, or capable of propagation, distribution, or sale on a commercial basis;
(10) "Nursery worker" means all persons employed on a nursery or property used in conjunction with a nursery, for the purpose of cultivating the soil, growing and propagating the stock, or for duties necessary for the grading, fumigating, cutting, packing, and the like, of the plants on the nursery, or the property used in conjunction with the nursery and prior to their entry into channels of commerce, shall be recognized for all statutory purposes as "farm laborers"; and
(11) "Plant diseases" means infectious or transmissible diseases of plants, and their pathogens, including parasitic plants in any stage of development.
Acts 1955, ch. 8, § 2; 1959, ch. 78, § 1; 1959, ch. 144, § 1; T.C.A., § 43-516; Acts 1997, ch. 70, § 2; 1998, ch. 636, § 1.
Tenn. Code Ann. § 43-11-117 — TN Code / Title 43 / Chapter 11 / Section 43-11-117
Revocation of registration - Hearing - Subpoenas - Certiorari and review - New registration
Status: in_force

(a) The commissioner has the authority to revoke any registration certificate for violation of any of the provisions of this part, or the rules and regulations promulgated under this part. The commissioner can refuse registration privileges when the product does not meet the requirements of this part. Upon information received, the commissioner shall, by written notice, establish a hearing for the registrant. The hearing shall be held within fifteen (15) days from the date of the mailing of the notice. If, after the hearing, the commissioner revokes the registration, then the right of appeal is reserved to the registrant. The commissioner has the power to subpoena any persons or records incident to the hearing and to administer oaths to those giving evidence. In case of contumacy or refusal to obey a subpoena issued to any person, any circuit or chancery court of this state within the county in which the investigation is carried on, or in which the person guilty of contumacy or refusal to obey is found or resides or transacts business, or where that person's principal place of business is located, upon application by the commissioner, shall have jurisdiction to issue to that person an order requiring that person to appear before the commissioner at a specified time and place and then and there produce evidence, if so ordered, or there to give testimony touching the matter under investigation or subject of inquiry, or answer any question, and any failure to obey such order of the court may be punished by the court as a contempt thereof as provided by law. A court reporter shall be in attendance at all registration revocation hearings. (b) The action of the commissioner may be reviewed by petition for statutory writ of certiorari addressed to the circuit or chancery court where the offense occurs, and the petition shall be filed within ten (10) days from the date of the order of revocation issued by the commissioner. Upon the grant of the writ of certiorari, the commissioner shall certify to the court a complete transcript of the proceedings instituted before the commissioner. This certified transcript shall constitute the whole record, and no additional proof or evidence shall be considered by the court. The decision of the commissioner shall remain final until the matter has been finally resolved by the courts. (c) If, after revocation of the registrant's registration, the registrant complies with requirements of the law as provided and makes manifest in writing the registrant's intentions to forthwith observe the law, upon payment of the cost of the hearing the commissioner may reissue a new registration upon payment of the required fees. Reapplication may be made on such forms as provided by the commissioner, except in no case will reissuance of registration privileges be allowed where fraudulent or deceptive practices are shown. Acts 1969, ch. 102, § 17; T.C.A., § 43-1137.
(a) The commissioner has the authority to revoke any registration certificate for violation of any of the provisions of this part, or the rules and regulations promulgated under this part. The commissioner can refuse registration privileges when the product does not meet the requirements of this part. Upon information received, the commissioner shall, by written notice, establish a hearing for the registrant. The hearing shall be held within fifteen (15) days from the date of the mailing of the notice. If, after the hearing, the commissioner revokes the registration, then the right of appeal is reserved to the registrant. The commissioner has the power to subpoena any persons or records incident to the hearing and to administer oaths to those giving evidence. In case of contumacy or refusal to obey a subpoena issued to any person, any circuit or chancery court of this state within the county in which the investigation is carried on, or in which the person guilty of contumacy or refusal to obey is found or resides or transacts business, or where that person's principal place of business is located, upon application by the commissioner, shall have jurisdiction to issue to that person an order requiring that person to appear before the commissioner at a specified time and place and then and there produce evidence, if so ordered, or there to give testimony touching the matter under investigation or subject of inquiry, or answer any question, and any failure to obey such order of the court may be punished by the court as a contempt thereof as provided by law. A court reporter shall be in attendance at all registration revocation hearings.
(b) The action of the commissioner may be reviewed by petition for statutory writ of certiorari addressed to the circuit or chancery court where the offense occurs, and the petition shall be filed within ten (10) days from the date of the order of revocation issued by the commissioner. Upon the grant of the writ of certiorari, the commissioner shall certify to the court a complete transcript of the proceedings instituted before the commissioner. This certified transcript shall constitute the whole record, and no additional proof or evidence shall be considered by the court. The decision of the commissioner shall remain final until the matter has been finally resolved by the courts.
(c) If, after revocation of the registrant's registration, the registrant complies with requirements of the law as provided and makes manifest in writing the registrant's intentions to forthwith observe the law, upon payment of the cost of the hearing the commissioner may reissue a new registration upon payment of the required fees. Reapplication may be made on such forms as provided by the commissioner, except in no case will reissuance of registration privileges be allowed where fraudulent or deceptive practices are shown.
Acts 1969, ch. 102, § 17; T.C.A., § 43-1137.
Tenn. Code Ann. § 43-34-108 — TN Code / Title 43 / Chapter 34 / Section 43-34-108
Intent
Status: in_force

It is not the intent of the general assembly in adopting this chapter to in any way prohibit, restrict, inhibit, or affect municipalities and/or counties in the exercise of the specific powers delegated by title 6, chapter 51; title 13, chapter 3, parts 1, 3 and 4; title 13, chapter 4; title 13, chapter 7, parts 1 and 4; or to allow this to be done pursuant to this chapter. Furthermore, it is not the intent of the general assembly in adopting this chapter to in any way prohibit, restrict, inhibit, or affect any municipality or county in exercising any other power or authority the municipality or county may lawfully exercise, or to allow this to be done pursuant to this chapter. Nor is it the intent of the general assembly in adopting this chapter to affect a county's or municipality's power of eminent domain as provided in title 29, chapter 17, parts 1 and 2, in any way other than as described in § 43-34-106 . Acts 1995, ch. 465, § 9.
It is not the intent of the general assembly in adopting this chapter to in any way prohibit, restrict, inhibit, or affect municipalities and/or counties in the exercise of the specific powers delegated by title 6, chapter 51; title 13, chapter 3, parts 1, 3 and 4; title 13, chapter 4; title 13, chapter 7, parts 1 and 4; or to allow this to be done pursuant to this chapter. Furthermore, it is not the intent of the general assembly in adopting this chapter to in any way prohibit, restrict, inhibit, or affect any municipality or county in exercising any other power or authority the municipality or county may lawfully exercise, or to allow this to be done pursuant to this chapter. Nor is it the intent of the general assembly in adopting this chapter to affect a county's or municipality's power of eminent domain as provided in title 29, chapter 17, parts 1 and 2, in any way other than as described in § 43-34-106 .
Acts 1995, ch. 465, § 9.
Tenn. Code Ann. § 43-1-114 — TN Code / Title 43 / Chapter 1 / Section 43-1-114
Definition of livestock - Applicability
Status: in_force

(a) The definition of livestock as set forth in subsection (b) shall be applicable to the term wherever it appears in the code, unless a different definition is specifically made applicable to the part, chapter, or section in which the term appears or unless the context otherwise requires. (b) "Livestock" means all equine as well as animals that are being raised primarily for use as food or fiber for human utilization or consumption including, but not limited to, cattle, sheep, swine, goats, and poultry. Acts 2014, ch. 568, § 2.
(a) The definition of livestock as set forth in subsection (b) shall be applicable to the term wherever it appears in the code, unless a different definition is specifically made applicable to the part, chapter, or section in which the term appears or unless the context otherwise requires.
(b) "Livestock" means all equine as well as animals that are being raised primarily for use as food or fiber for human utilization or consumption including, but not limited to, cattle, sheep, swine, goats, and poultry.
Acts 2014, ch. 568, § 2.
Tenn. Code Ann. § 43-38-114 — TN Code / Title 43 / Chapter 38 / Section 43-38-114
Marketing contracts
Status: in_force

(a) A cooperative and its patron member or patron may make and execute a marketing contract, requiring the patron member or patron to sell a specified portion of the patron member's or patron's agricultural product or specified commodity produced from a certain area exclusively to or through the cooperative or facility established by the cooperative. (b) If a sale is contracted to the cooperative, the sale shall transfer title to the product absolutely, except for a recorded lien or security interest, to the cooperative on delivery of the product or at another specified time if expressly provided in the contract. The contract may allow the cooperative to sell or resell the product of its patron member or patron with or without taking title to the product, and to pay the resale price to the patron member or patron, after deducting all necessary selling, overhead and other costs and expenses, including other proper reserves and interest. (c) A single term of a marketing contract shall not exceed ten (10) years, but a marketing contract may be made self-renewing for periods not exceeding five (5) years each, subject to the right of either party to terminate by giving written notice of the termination during a period of the current term as specified in the contract. (d) The bylaws or the marketing contract, or both, may set a specific sum as liquidated damages to be paid by the patron member or patron to the cooperative for breach of any provision of the marketing contract regarding the sale or delivery or withholding of a product and may provide that the member or patron shall pay the costs, premiums for bonds, expenses and fees if an action is brought on the contract by the cooperative. The remedies for breach of contract are valid and enforceable in the courts of this state. The provisions shall be enforced as liquidated damages and are not to be considered or regarded as a penalty. (e) If there is a breach or threatened breach of a marketing contract by a patron member or patron, the cooperative is entitled to an injunction to prevent the further breach of the contract and to a decree of specific performance of the contract. Pending the adjudication of the action after filing a certified complaint showing the breach or threatened breach and filing a sufficient bond, the cooperative is entitled to a temporary restraining order and preliminary injunction against the patron member or patron. (f) Any person who knowingly induces or attempts to induce any member or patron of a cooperative organized under this chapter to breach a marketing contract with the cooperative, or who maliciously and knowingly spreads false reports about the finances or management of the finances, shall be guilty of a Class B misdemeanor and subject to a fine only of not more than five hundred dollars ($500), for each such offense; provided however, that this section shall not apply to a bona fide creditor of such cooperative, or the agent or attorney of any such bona fide creditor, endeavoring to make collections of the indebtedness. (g) In addition to the penalty provided in subsection (f), the person, corporation or other entity may be liable to the cooperative for civil damages for any violation of subsection (f). Each violation shall constitute a separate offense and is subject to the penalties in this subsection (g) and subsection (f). Acts 2004, ch. 534, § 12.
(a) A cooperative and its patron member or patron may make and execute a marketing contract, requiring the patron member or patron to sell a specified portion of the patron member's or patron's agricultural product or specified commodity produced from a certain area exclusively to or through the cooperative or facility established by the cooperative.
(b) If a sale is contracted to the cooperative, the sale shall transfer title to the product absolutely, except for a recorded lien or security interest, to the cooperative on delivery of the product or at another specified time if expressly provided in the contract. The contract may allow the cooperative to sell or resell the product of its patron member or patron with or without taking title to the product, and to pay the resale price to the patron member or patron, after deducting all necessary selling, overhead and other costs and expenses, including other proper reserves and interest.
(c) A single term of a marketing contract shall not exceed ten (10) years, but a marketing contract may be made self-renewing for periods not exceeding five (5) years each, subject to the right of either party to terminate by giving written notice of the termination during a period of the current term as specified in the contract.
(d) The bylaws or the marketing contract, or both, may set a specific sum as liquidated damages to be paid by the patron member or patron to the cooperative for breach of any provision of the marketing contract regarding the sale or delivery or withholding of a product and may provide that the member or patron shall pay the costs, premiums for bonds, expenses and fees if an action is brought on the contract by the cooperative. The remedies for breach of contract are valid and enforceable in the courts of this state. The provisions shall be enforced as liquidated damages and are not to be considered or regarded as a penalty.
(e) If there is a breach or threatened breach of a marketing contract by a patron member or patron, the cooperative is entitled to an injunction to prevent the further breach of the contract and to a decree of specific performance of the contract. Pending the adjudication of the action after filing a certified complaint showing the breach or threatened breach and filing a sufficient bond, the cooperative is entitled to a temporary restraining order and preliminary injunction against the patron member or patron.
(f) Any person who knowingly induces or attempts to induce any member or patron of a cooperative organized under this chapter to breach a marketing contract with the cooperative, or who maliciously and knowingly spreads false reports about the finances or management of the finances, shall be guilty of a Class B misdemeanor and subject to a fine only of not more than five hundred dollars ($500), for each such offense; provided however, that this section shall not apply to a bona fide creditor of such cooperative, or the agent or attorney of any such bona fide creditor, endeavoring to make collections of the indebtedness.
(g) In addition to the penalty provided in subsection (f), the person, corporation or other entity may be liable to the cooperative for civil damages for any violation of subsection (f). Each violation shall constitute a separate offense and is subject to the penalties in this subsection (g) and subsection (f).
Acts 2004, ch. 534, § 12.
Tenn. Code Ann. § 43-38-604 — TN Code / Title 43 / Chapter 38 / Section 43-38-604
Qualifications of directors
Status: in_force

The articles of organization or bylaws may prescribe qualifications for directors. A director need not be a resident of this state or a member of the cooperative, unless the articles of organization or bylaws so prescribe. Acts 2004, ch. 534, § 25.
The articles of organization or bylaws may prescribe qualifications for directors. A director need not be a resident of this state or a member of the cooperative, unless the articles of organization or bylaws so prescribe.
Acts 2004, ch. 534, § 25.
Tenn. Code Ann. § 43-1-112 — TN Code / Title 43 / Chapter 1 / Section 43-1-112
Nursery stock production, sales and marketing
Status: in_force

(a) The commissioner of agriculture shall employ at least one (1) production and marketing specialist whose primary duty shall be the provision and coordination of technical assistance, support, and encouragement needed to promote and enhance the statewide development of nursery stock production and sales. At least once each year, the commissioner shall collect, publish, and distribute statistics relating to nursery stock production, marketing activities, and opportunities across the state. The commissioner shall provide other information to notify Tennesseans of the financial, managerial, marketing, regulatory, and administrative aspects of nursery stock production. (b) As used in this section, "nursery stock production" means growing or propagating ornamental trees, shrubs, and other perennial plants or parts of ornamental trees, shrubs, or plants for sale on a commercial basis. (c) To the extent feasible within existing budgetary resources, the University of Tennessee extension shall assist and cooperate with the department of agriculture in the provision and coordination of technical assistance, statistical, marketing and other information, support and encouragement necessary to promote and enhance the statewide development of nursery stock production. Acts 1993, ch. 166, §§ 1, 2; 2004, ch. 517, § 3.
(a) The commissioner of agriculture shall employ at least one (1) production and marketing specialist whose primary duty shall be the provision and coordination of technical assistance, support, and encouragement needed to promote and enhance the statewide development of nursery stock production and sales. At least once each year, the commissioner shall collect, publish, and distribute statistics relating to nursery stock production, marketing activities, and opportunities across the state. The commissioner shall provide other information to notify Tennesseans of the financial, managerial, marketing, regulatory, and administrative aspects of nursery stock production.
(b) As used in this section, "nursery stock production" means growing or propagating ornamental trees, shrubs, and other perennial plants or parts of ornamental trees, shrubs, or plants for sale on a commercial basis.
(c) To the extent feasible within existing budgetary resources, the University of Tennessee extension shall assist and cooperate with the department of agriculture in the provision and coordination of technical assistance, statistical, marketing and other information, support and encouragement necessary to promote and enhance the statewide development of nursery stock production.
Acts 1993, ch. 166, §§ 1, 2; 2004, ch. 517, § 3.
Tenn. Code Ann. § 43-16-141 — TN Code / Title 43 / Chapter 16 / Section 43-16-141
Association may contract with other cooperative associations
Status: in_force

(a) Any association may, upon resolution adopted by its board of directors, enter into all necessary and proper contracts and agreements, and make all necessary and proper stipulations, agreements, and contracts and arrangements with any other cooperative corporation, association, or associations, formed in this or in any other state, for the cooperative and more economical carrying on of its business or any part or parts of its business. (b) Any two (2) or more associations may, by agreement between them, unite in employing and using or may separately employ and use the same personnel, methods, means and agencies for carrying on and conducting their respective businesses. Acts 1923, ch. 100, § 24; Shan. Supp., § 2534a66; Code 1932, §3824; T.C.A. (orig. ed.), § 43-1842.
(a) Any association may, upon resolution adopted by its board of directors, enter into all necessary and proper contracts and agreements, and make all necessary and proper stipulations, agreements, and contracts and arrangements with any other cooperative corporation, association, or associations, formed in this or in any other state, for the cooperative and more economical carrying on of its business or any part or parts of its business.
(b) Any two (2) or more associations may, by agreement between them, unite in employing and using or may separately employ and use the same personnel, methods, means and agencies for carrying on and conducting their respective businesses.
Acts 1923, ch. 100, § 24; Shan. Supp., § 2534a66; Code 1932, §3824; T.C.A. (orig. ed.), § 43-1842.
Tenn. Code Ann. § 43-38-519 — TN Code / Title 43 / Chapter 38 / Section 43-38-519
Quorum requirements
Status: in_force

(a) The quorum for a members' meeting to transact business shall be: (1) Ten percent (10%) of the total number of members for a cooperative with five hundred (500) or fewer members; or (2) Fifty (50) members for cooperatives with more than five hundred (500) members. (b) In determining a quorum at a meeting, on a question submitted to a vote by mail or an alternative method, members present in person or represented by mail vote or the alternative voting method shall be counted. The attendance of a sufficient number of members to constitute a quorum shall be established by a registration of the members of the cooperative present at the meeting. The registration shall be verified by the chair or the records officer of the cooperative and shall be reported in the minutes of the meeting. (c) An action by a cooperative is not valid or legal in the absence of a quorum at the meeting at which the action was taken. Acts 2004, ch. 534, § 22.
(a) The quorum for a members' meeting to transact business shall be: (1) Ten percent (10%) of the total number of members for a cooperative with five hundred (500) or fewer members; or (2) Fifty (50) members for cooperatives with more than five hundred (500) members.
(1) Ten percent (10%) of the total number of members for a cooperative with five hundred (500) or fewer members; or
(2) Fifty (50) members for cooperatives with more than five hundred (500) members.
(b) In determining a quorum at a meeting, on a question submitted to a vote by mail or an alternative method, members present in person or represented by mail vote or the alternative voting method shall be counted. The attendance of a sufficient number of members to constitute a quorum shall be established by a registration of the members of the cooperative present at the meeting. The registration shall be verified by the chair or the records officer of the cooperative and shall be reported in the minutes of the meeting.
(c) An action by a cooperative is not valid or legal in the absence of a quorum at the meeting at which the action was taken.
Acts 2004, ch. 534, § 22.
Tenn. Code Ann. § 43-11-304 — TN Code / Title 43 / Chapter 11 / Section 43-11-304
Dealers' permit necessary before doing business - Bond for compliance with provisions - Financial responsibility
Status: in_force

(a) No person, firm, corporation or association shall engage in business as a dealer in anhydrous ammonia as a fertilizer, or as a dealer in equipment used in the handling of anhydrous ammonia as a fertilizer within this state without first having obtained from the commissioner of agriculture a permit. This permit shall be issued only after proper written application is made and filed and after all requirements established with respect to dealers have been complied with by the applicant. (b) Before engaging in business as a dealer, the applicant for a permit shall furnish a bond for the sum of one thousand dollars ($1,000) with good and solvent surety, payable to the state of Tennessee, and issued by a bonding company or companies licensed to do business in this state and acceptable by the commissioner, which bond shall serve as a guarantee that the dealer will comply with all the provisions of this part and all of the rules and regulations established with respect to the sale and handling of anhydrous ammonia as a fertilizer, and the sale and handling or installation of equipment used in the handling of anhydrous ammonia as a fertilizer. (c) Before engaging in business as a dealer, the applicant for a permit shall satisfy the commissioner that the applicant is financially responsible; and this provision as to financial responsibilities will be complied with by filing with the commissioner evidence that the applicant has applied for and the applicant's application for insurance has been approved, on standard contract forms, and to be issued by insurance company or companies licensed to do business in this state in an amount of not less than twenty-five thousand dollars ($25,000). (d) In lieu of filing with the commissioner evidence of insurance coverages as set forth in subsection (c), the applicant may file with the commissioner a good and sufficient surety bond executed by a surety company licensed to do business in the state of Tennessee, in an amount not to exceed twenty-five thousand dollars ($25,000), which bond shall be payable to the state of Tennessee and shall be conditioned to guarantee the payment of all damages for which the dealer may be legally responsible while engaged in the business as a dealer. Acts 1949, ch. 198, § 4; C. Supp. 1950, § 519.4; T.C.A. (orig. ed.), §§ 43-1304, 43-13-104.
(a) No person, firm, corporation or association shall engage in business as a dealer in anhydrous ammonia as a fertilizer, or as a dealer in equipment used in the handling of anhydrous ammonia as a fertilizer within this state without first having obtained from the commissioner of agriculture a permit. This permit shall be issued only after proper written application is made and filed and after all requirements established with respect to dealers have been complied with by the applicant.
(b) Before engaging in business as a dealer, the applicant for a permit shall furnish a bond for the sum of one thousand dollars ($1,000) with good and solvent surety, payable to the state of Tennessee, and issued by a bonding company or companies licensed to do business in this state and acceptable by the commissioner, which bond shall serve as a guarantee that the dealer will comply with all the provisions of this part and all of the rules and regulations established with respect to the sale and handling of anhydrous ammonia as a fertilizer, and the sale and handling or installation of equipment used in the handling of anhydrous ammonia as a fertilizer.
(c) Before engaging in business as a dealer, the applicant for a permit shall satisfy the commissioner that the applicant is financially responsible; and this provision as to financial responsibilities will be complied with by filing with the commissioner evidence that the applicant has applied for and the applicant's application for insurance has been approved, on standard contract forms, and to be issued by insurance company or companies licensed to do business in this state in an amount of not less than twenty-five thousand dollars ($25,000).
(d) In lieu of filing with the commissioner evidence of insurance coverages as set forth in subsection (c), the applicant may file with the commissioner a good and sufficient surety bond executed by a surety company licensed to do business in the state of Tennessee, in an amount not to exceed twenty-five thousand dollars ($25,000), which bond shall be payable to the state of Tennessee and shall be conditioned to guarantee the payment of all damages for which the dealer may be legally responsible while engaged in the business as a dealer.
Acts 1949, ch. 198, § 4; C. Supp. 1950, § 519.4; T.C.A. (orig. ed.), §§ 43-1304, 43-13-104.
Tenn. Code Ann. § 43-8-109 — TN Code / Title 43 / Chapter 8 / Section 43-8-109
Injunction obtained to restrain violations
Status: in_force

In addition to other remedies provided in this part, the commissioner may apply to any court having chancery jurisdiction in the county where a violation occurs, for a temporary or permanent injunction restraining any person from violating any provision of this part and part 2 of this chapter or regulations promulgated pursuant to this part and part 2 of this chapter, irrespective of whether there exists an adequate remedy at law. Acts 1951, ch. 150, § 4 (Williams, § 6808.10); T.C.A. (orig. ed.), § 43-705; Acts 1980, ch. 539, § 8; T.C.A. § 43-8-105 .
In addition to other remedies provided in this part, the commissioner may apply to any court having chancery jurisdiction in the county where a violation occurs, for a temporary or permanent injunction restraining any person from violating any provision of this part and part 2 of this chapter or regulations promulgated pursuant to this part and part 2 of this chapter, irrespective of whether there exists an adequate remedy at law.
Acts 1951, ch. 150, § 4 (Williams, § 6808.10); T.C.A. (orig. ed.), § 43-705; Acts 1980, ch. 539, § 8; T.C.A. § 43-8-105 .
Tenn. Code Ann. § 43-38-402 — TN Code / Title 43 / Chapter 38 / Section 43-38-402
Procedure for amending articles
Status: in_force

(a) The articles of a cooperative shall be amended as follows: (1) The board by majority vote shall pass a resolution stating the text of the proposed amendment. The text of the proposed amendment and an attached mail ballot, if the board has provided for a mail ballot in the resolution or alternative method approved by the board and stated in the resolution, shall be mailed or distributed with a regular or special meeting notice to each member. The notice shall designate the time and place of the meeting for the proposed amendment to be considered and voted on; and (2) If a quorum of the members is registered as being present or represented by alternative vote at the meeting, the proposed amendment is adopted: (A) If approved by a majority of the votes cast; or (B) For a cooperative with articles or bylaws requiring more than majority approval or other conditions for approval, the amendment is approved by a proportion of the votes cast or a number of total members as required by the articles or bylaws and the conditions for approval in the articles or bylaws have been satisfied. (b) After an amendment has been adopted by the members, the amendment shall be signed by the chair, vice-chair, records officer, or assistant records officer and a copy of the amendment filed in the office of the secretary of state. (c) A certificate shall be prepared stating: (1) The vote and meeting of the board adopting a resolution of the proposed amendment; (2) The notice given to members of the meeting at which the amendment was adopted; (3) The quorum registered at the meeting; and (4) The vote cast adopting the amendment. (d) The certificate shall be signed by the chair, vice-chair, records officer or financial officer and filed with the records of the cooperative. (e) A majority of directors may amend the articles if the cooperative does not have any members with voting rights. Acts 2004, ch. 534, § 9.
(a) The articles of a cooperative shall be amended as follows: (1) The board by majority vote shall pass a resolution stating the text of the proposed amendment. The text of the proposed amendment and an attached mail ballot, if the board has provided for a mail ballot in the resolution or alternative method approved by the board and stated in the resolution, shall be mailed or distributed with a regular or special meeting notice to each member. The notice shall designate the time and place of the meeting for the proposed amendment to be considered and voted on; and (2) If a quorum of the members is registered as being present or represented by alternative vote at the meeting, the proposed amendment is adopted: (A) If approved by a majority of the votes cast; or (B) For a cooperative with articles or bylaws requiring more than majority approval or other conditions for approval, the amendment is approved by a proportion of the votes cast or a number of total members as required by the articles or bylaws and the conditions for approval in the articles or bylaws have been satisfied.
(1) The board by majority vote shall pass a resolution stating the text of the proposed amendment. The text of the proposed amendment and an attached mail ballot, if the board has provided for a mail ballot in the resolution or alternative method approved by the board and stated in the resolution, shall be mailed or distributed with a regular or special meeting notice to each member. The notice shall designate the time and place of the meeting for the proposed amendment to be considered and voted on; and
(2) If a quorum of the members is registered as being present or represented by alternative vote at the meeting, the proposed amendment is adopted: (A) If approved by a majority of the votes cast; or (B) For a cooperative with articles or bylaws requiring more than majority approval or other conditions for approval, the amendment is approved by a proportion of the votes cast or a number of total members as required by the articles or bylaws and the conditions for approval in the articles or bylaws have been satisfied.
(A) If approved by a majority of the votes cast; or
(B) For a cooperative with articles or bylaws requiring more than majority approval or other conditions for approval, the amendment is approved by a proportion of the votes cast or a number of total members as required by the articles or bylaws and the conditions for approval in the articles or bylaws have been satisfied.
(b) After an amendment has been adopted by the members, the amendment shall be signed by the chair, vice-chair, records officer, or assistant records officer and a copy of the amendment filed in the office of the secretary of state.
(c) A certificate shall be prepared stating: (1) The vote and meeting of the board adopting a resolution of the proposed amendment; (2) The notice given to members of the meeting at which the amendment was adopted; (3) The quorum registered at the meeting; and (4) The vote cast adopting the amendment.
(1) The vote and meeting of the board adopting a resolution of the proposed amendment;
(2) The notice given to members of the meeting at which the amendment was adopted;
(3) The quorum registered at the meeting; and
(4) The vote cast adopting the amendment.
(d) The certificate shall be signed by the chair, vice-chair, records officer or financial officer and filed with the records of the cooperative.
(e) A majority of directors may amend the articles if the cooperative does not have any members with voting rights.
Acts 2004, ch. 534, § 9.
Tenn. Code Ann. § 43-38-810 — TN Code / Title 43 / Chapter 38 / Section 43-38-810
Procedure if dissenter dissatisfied with payment or offer
Status: in_force

(a) A dissenter may notify the cooperative in writing of the dissenter's own estimate of the fair value of the dissenter's membership interest and amount of interest due, and demand payment of the dissenter's estimate, less any payment under § 43-38-807 , or reject the cooperative offer under § 43-38-809 and demand payment of the fair value of membership interest and interest due, if: (1) The dissenter believes that the amount paid under § 43-38-807 or offered under § 43-38-809 is less than the fair value of the dissenter's membership interest or that the interest due is incorrectly calculated; or (2) The cooperative fails to make payment under § 43-38-807 within two (2) months after the date set for demanding payment. (b) A dissenter waives the right to demand payment under this section unless the dissenter notifies the cooperative of the dissenter's demand in writing under subsection (a) within one (1) month after the cooperative made or offered payment for the dissenter's membership interest. Acts 2004, ch. 534, § 27.
(a) A dissenter may notify the cooperative in writing of the dissenter's own estimate of the fair value of the dissenter's membership interest and amount of interest due, and demand payment of the dissenter's estimate, less any payment under § 43-38-807 , or reject the cooperative offer under § 43-38-809 and demand payment of the fair value of membership interest and interest due, if: (1) The dissenter believes that the amount paid under § 43-38-807 or offered under § 43-38-809 is less than the fair value of the dissenter's membership interest or that the interest due is incorrectly calculated; or (2) The cooperative fails to make payment under § 43-38-807 within two (2) months after the date set for demanding payment.
(1) The dissenter believes that the amount paid under § 43-38-807 or offered under § 43-38-809 is less than the fair value of the dissenter's membership interest or that the interest due is incorrectly calculated; or
(2) The cooperative fails to make payment under § 43-38-807 within two (2) months after the date set for demanding payment.
(b) A dissenter waives the right to demand payment under this section unless the dissenter notifies the cooperative of the dissenter's demand in writing under subsection (a) within one (1) month after the cooperative made or offered payment for the dissenter's membership interest.
Acts 2004, ch. 534, § 27.
Tenn. Code Ann. § 43-32-103 — TN Code / Title 43 / Chapter 32 / Section 43-32-103
Federally licensed commodity warehouses - Applicability
Status: in_force

Any commodity warehouse licensed under the United States Warehouse Act shall be subject to this chapter. However, any federally licensed commodity warehouse that meets the minimum requirements of the federal act shall be in compliance with the requirements of this part. All public commodity warehouses licensed under the United States Warehouse Act shall file with the commissioner a copy of their current license and a copy of all subsequent licenses or renewals so as to always have a copy of a current license on file with the commissioner. Acts 1989, ch. 232, § 3.
Any commodity warehouse licensed under the United States Warehouse Act shall be subject to this chapter. However, any federally licensed commodity warehouse that meets the minimum requirements of the federal act shall be in compliance with the requirements of this part. All public commodity warehouses licensed under the United States Warehouse Act shall file with the commissioner a copy of their current license and a copy of all subsequent licenses or renewals so as to always have a copy of a current license on file with the commissioner.
Acts 1989, ch. 232, § 3.
Tenn. Code Ann. § 43-20-208 — TN Code / Title 43 / Chapter 20 / Section 43-20-208
Deductions
Status: in_force

The assessed rate, as approved by referendum, shall be deducted by the purchaser from the amount paid the producer at the first point of sale. Within twenty (20) days after the end of each calendar month, each purchaser shall remit to the board the total amount of funds withheld from producers. Acts 1985, ch. 108, § 8; 1987, ch. 183, §§ 5, 6; 1987, ch. 352, § 5; 1991, ch. 157, § 1.
The assessed rate, as approved by referendum, shall be deducted by the purchaser from the amount paid the producer at the first point of sale. Within twenty (20) days after the end of each calendar month, each purchaser shall remit to the board the total amount of funds withheld from producers.
Acts 1985, ch. 108, § 8; 1987, ch. 183, §§ 5, 6; 1987, ch. 352, § 5; 1991, ch. 157, § 1.
Tenn. Code Ann. § 43-13-105 — TN Code / Title 43 / Chapter 13 / Section 43-13-105
Meetings - Quorum - Service without compensation or travel expenses
Status: in_force

(a) The commission shall meet at least once per year and may hold additional meetings necessary for the purpose of transacting business that properly comes before it. All members of the commission must be duly notified of the time and place of each meeting. (b) The commissioner of agriculture, or the commissioner's designee, shall call the initial meeting of the commission. The members of the commission shall elect a chair and a secretary during the initial meeting. The chair of the commission shall call all subsequent commission meetings. (c) A simple majority of the members of the commission constitutes a quorum for the transaction of business or the exercise of its powers. (d) The members of the commission serve without compensation or travel expenses. Added by 2020 Tenn. Acts, ch. 808, s 2, eff. 7/15/2020.
(a) The commission shall meet at least once per year and may hold additional meetings necessary for the purpose of transacting business that properly comes before it. All members of the commission must be duly notified of the time and place of each meeting.
(b) The commissioner of agriculture, or the commissioner's designee, shall call the initial meeting of the commission. The members of the commission shall elect a chair and a secretary during the initial meeting. The chair of the commission shall call all subsequent commission meetings.
(c) A simple majority of the members of the commission constitutes a quorum for the transaction of business or the exercise of its powers.
(d) The members of the commission serve without compensation or travel expenses.
Added by 2020 Tenn. Acts, ch. 808, s 2, eff. 7/15/2020.
Tenn. Code Ann. § 43-38-1014 — TN Code / Title 43 / Chapter 38 / Section 43-38-1014
Termination of existence
Status: in_force

The existence of the cooperative is terminated upon the filing of articles of termination with the secretary of state. Acts 2004, ch. 534, § 32.
The existence of the cooperative is terminated upon the filing of articles of termination with the secretary of state.
Acts 2004, ch. 534, § 32.
Tenn. Code Ann. § 43-38-618 — TN Code / Title 43 / Chapter 38 / Section 43-38-618
Officers
Status: in_force

The cooperative shall have a president and a secretary who shall not be the same person, and such other officers as may be elected or appointed by the board of directors in accordance with § 43-38-619 . Acts 2004, ch. 534, § 25.
The cooperative shall have a president and a secretary who shall not be the same person, and such other officers as may be elected or appointed by the board of directors in accordance with § 43-38-619 .
Acts 2004, ch. 534, § 25.
Tenn. Code Ann. § 43-38-102 — TN Code / Title 43 / Chapter 38 / Section 43-38-102
Reservation of power to amend or repeal
Status: in_force

The general assembly has the power to amend or repeal all or part of this chapter at any time and all domestic cooperatives subject to this chapter shall be governed by the amendment or repeal. Acts 2004, ch. 534, § 1.
The general assembly has the power to amend or repeal all or part of this chapter at any time and all domestic cooperatives subject to this chapter shall be governed by the amendment or repeal.
Acts 2004, ch. 534, § 1.
Tenn. Code Ann. § 43-8-307 — TN Code / Title 43 / Chapter 8 / Section 43-8-307
Enjoining violations
Status: in_force

The commissioner, on determining that any person, firm, partnership, or corporation may have violated any provision of this part, may petition for injunctive relief from further violation. The petition shall be addressed to the chancery court in the county in which the offense occurred or in which the offender's principal place of business is located, or where the offender is doing business or resides. The chancellor, on determining that probable cause of a violation of this part exists, shall issue appropriate injunctive relief. Acts 1973, ch. 90, § 7; T.C.A., §§ 43-2907, 43-9-107.
The commissioner, on determining that any person, firm, partnership, or corporation may have violated any provision of this part, may petition for injunctive relief from further violation. The petition shall be addressed to the chancery court in the county in which the offense occurred or in which the offender's principal place of business is located, or where the offender is doing business or resides. The chancellor, on determining that probable cause of a violation of this part exists, shall issue appropriate injunctive relief.
Acts 1973, ch. 90, § 7; T.C.A., §§ 43-2907, 43-9-107.
Tenn. Code Ann. § 43-1-502 — TN Code / Title 43 / Chapter 1 / Section 43-1-502
Administration of museum
Status: in_force

The museum shall be under the jurisdiction of and administered by the department of agriculture. Acts 1959, ch. 294, § 2; T.C.A., § 43-2602; Acts 1980, ch. 737, § 4; T.C.A., § 43-5-102.
The museum shall be under the jurisdiction of and administered by the department of agriculture.
Acts 1959, ch. 294, § 2; T.C.A., § 43-2602; Acts 1980, ch. 737, § 4; T.C.A., § 43-5-102.
Tenn. Code Ann. § 43-38-510 — TN Code / Title 43 / Chapter 38 / Section 43-38-510
Annual members' meetings
Status: in_force

(a) Regular members' meetings shall be held annually at a time determined by the board, unless otherwise provided for in the bylaws. (b) The regular members' meeting shall be held at the principal place of business of the cooperative or at another conveniently located place as determined by the bylaws or the board. (c) The officers shall submit reports to the members at the regular members' meeting covering the business of the cooperative for the previous fiscal year that show the condition of the cooperative at the close of the fiscal year. (d) All directors shall be elected at the regular members' meeting for the terms of office prescribed in the bylaws, except for directors elected at district or unit meetings. (e) The cooperative shall give notice of regular members' meetings by mailing the regular members' meeting notice to each member at the member's last known post office address or by other notification approved by the board and agreed to by the members. The notice must contain the date, time, and place of the meeting, and any other information required by this section. The regular members' meeting notice shall be published or otherwise given by approved method at least two (2) weeks before the date of the meeting or mailed at least fifteen (15) days before the date of the meeting. Acts 2004, ch. 534, § 20.
(a) Regular members' meetings shall be held annually at a time determined by the board, unless otherwise provided for in the bylaws.
(b) The regular members' meeting shall be held at the principal place of business of the cooperative or at another conveniently located place as determined by the bylaws or the board.
(c) The officers shall submit reports to the members at the regular members' meeting covering the business of the cooperative for the previous fiscal year that show the condition of the cooperative at the close of the fiscal year.
(d) All directors shall be elected at the regular members' meeting for the terms of office prescribed in the bylaws, except for directors elected at district or unit meetings.
(e) The cooperative shall give notice of regular members' meetings by mailing the regular members' meeting notice to each member at the member's last known post office address or by other notification approved by the board and agreed to by the members. The notice must contain the date, time, and place of the meeting, and any other information required by this section. The regular members' meeting notice shall be published or otherwise given by approved method at least two (2) weeks before the date of the meeting or mailed at least fifteen (15) days before the date of the meeting.
Acts 2004, ch. 534, § 20.
Tenn. Code Ann. § 43-19-111 — TN Code / Title 43 / Chapter 19 / Section 43-19-111
Tobacco commercial year
Status: in_force

The "tobacco commercial year" commences and ends on November 1 of each year. Acts 1870-1871, ch. 65, § 26; 1889, ch. 192, § 7; Shan., § 3406; Code 1932, § 6504; T.C.A. (orig. ed.), § 43-2129.
The "tobacco commercial year" commences and ends on November 1 of each year.
Acts 1870-1871, ch. 65, § 26; 1889, ch. 192, § 7; Shan., § 3406; Code 1932, § 6504; T.C.A. (orig. ed.), § 43-2129.
Tenn. Code Ann. § 43-27-107 — TN Code / Title 43 / Chapter 27 / Section 43-27-107
Jurisdiction for violations
Status: in_force

When the commissioner has reason to believe that a person is causing or has caused a violation of this chapter or the rules 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 occurred, for injunctive relief to prevent the continuance of the violation or to correct the conditions resulting in the violation. Added by 2019 Tenn. Acts, ch. 87, s 12, eff. 4/4/2019.
When the commissioner has reason to believe that a person is causing or has caused a violation of this chapter or the rules 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 occurred, for injunctive relief to prevent the continuance of the violation or to correct the conditions resulting in the violation.
Added by 2019 Tenn. Acts, ch. 87, s 12, eff. 4/4/2019.
Tenn. Code Ann. § 43-6-110 — TN Code / Title 43 / Chapter 6 / Section 43-6-110
Isolation of plants and products - Inspection
Status: in_force

Any person, including common carriers, who shall knowingly receive plants, plant products, or other articles or things sold, given away, carried, shipped, or delivered for carriage or shipment within the state, as to which this part and the rules and regulations promulgated pursuant to this part have not been complied with, shall be required to isolate and hold the plant, plant product, or other article or thing, unopened and unused, subject to such inspection or other disposition as may be provided by the commissioner. Acts 1955, ch. 8, § 10; T.C.A., § 43-524; Acts 1997, ch. 70, § 9.
Any person, including common carriers, who shall knowingly receive plants, plant products, or other articles or things sold, given away, carried, shipped, or delivered for carriage or shipment within the state, as to which this part and the rules and regulations promulgated pursuant to this part have not been complied with, shall be required to isolate and hold the plant, plant product, or other article or thing, unopened and unused, subject to such inspection or other disposition as may be provided by the commissioner.
Acts 1955, ch. 8, § 10; T.C.A., § 43-524; Acts 1997, ch. 70, § 9.
Tenn. Code Ann. § 43-38-101 — TN Code / Title 43 / Chapter 38 / Section 43-38-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Tennessee Processing Cooperative Law." Acts 2004, ch. 534, § 1.
This chapter shall be known and may be cited as the "Tennessee Processing Cooperative Law."
Acts 2004, ch. 534, § 1.