Tenn. Code Ann. § 44-11-108 — TN Code / Title 44 / Chapter 11 / Section 44-11-108
Records of operator
Status: in_force

(a) Each operator of a livestock market shall keep the following records for each lot of livestock consigned to or sold through such livestock market, namely: (1) The name and address of the consignor; (2) (A) A description of the livestock which shall include ear tag number or back tag number, or animal descriptors such as livestock sex, color, marking, or weight; and (B) The date the livestock was received and sold; (3) The name and address of the purchaser of the livestock; and (4) The price for which the livestock was sold or exchanged and the commission or other fees charged by the livestock market, including such inspection fees as are required hereunder. (b) These records shall be kept by the operator of a livestock market at the establishment or premises where the sale is held and conducted or such other convenient place as may be approved by the department. They shall be open for inspection by all officers or inspectors charged with the enforcement of this law, and they shall be preserved and retained for a period of at least two (2) years. Acts 1957, ch. 208, § 8; T.C.A., §44-2308; Acts 2010 , ch. 717, §§ 14, 15.
(a) Each operator of a livestock market shall keep the following records for each lot of livestock consigned to or sold through such livestock market, namely: (1) The name and address of the consignor; (2) (A) A description of the livestock which shall include ear tag number or back tag number, or animal descriptors such as livestock sex, color, marking, or weight; and (B) The date the livestock was received and sold; (3) The name and address of the purchaser of the livestock; and (4) The price for which the livestock was sold or exchanged and the commission or other fees charged by the livestock market, including such inspection fees as are required hereunder.
(1) The name and address of the consignor;
(2) (A) A description of the livestock which shall include ear tag number or back tag number, or animal descriptors such as livestock sex, color, marking, or weight; and (B) The date the livestock was received and sold;
(A) A description of the livestock which shall include ear tag number or back tag number, or animal descriptors such as livestock sex, color, marking, or weight; and
(B) The date the livestock was received and sold;
(3) The name and address of the purchaser of the livestock; and
(4) The price for which the livestock was sold or exchanged and the commission or other fees charged by the livestock market, including such inspection fees as are required hereunder.
(b) These records shall be kept by the operator of a livestock market at the establishment or premises where the sale is held and conducted or such other convenient place as may be approved by the department. They shall be open for inspection by all officers or inspectors charged with the enforcement of this law, and they shall be preserved and retained for a period of at least two (2) years.
Acts 1957, ch. 208, § 8; T.C.A., §44-2308; Acts 2010 , ch. 717, §§ 14, 15.
Tenn. Code Ann. § 44-17-202 — TN Code / Title 44 / Chapter 17 / Section 44-17-202
Ignorance of dog's habits is no defense
Status: in_force

Ignorance of the vicious habits or character of the dog on the part of its owner shall be no defense in actions arising under § 44-17-201 . Acts 1859-1860, ch. 45, § 2; Shan., § 2872; Code 1932, § 5106; T.C.A. (orig. ed.), § 44-102.
Ignorance of the vicious habits or character of the dog on the part of its owner shall be no defense in actions arising under § 44-17-201 .
Acts 1859-1860, ch. 45, § 2; Shan., § 2872; Code 1932, § 5106; T.C.A. (orig. ed.), § 44-102.
Tenn. Code Ann. § 44-15-113 — TN Code / Title 44 / Chapter 15 / Section 44-15-113
Entry permit - Inspection certificates
Status: in_force

(a) Any person wanting to move live bees in beehives or empty brood combs (combs that have been used for rearing bee brood) into the state must apply to the department for an entry permit. The application shall be accompanied by a certificate of health from the originating state's regulatory agency certifying that all bees and beehives and used brood combs have been inspected by an authorized official thirty (30) days prior to transportation into Tennessee. The certificate of health must show what diseases and pests were found as a result of the inspection. The state apiarist shall review the application and the health certificate and will determine whether or not an entry permit shall be granted and what conditions or requirements must be met prior to entry. (b) Any person, firm or corporation transporting colonies or used beekeeping equipment into, within, or through the state must secure the hives and equipment in such a manner as to prevent the escape of bees. (c) The state apiarist and all apiary inspectors shall be empowered to intercept any person or persons transporting colonies or appliances to determine if the person or persons have the required inspection certificates. (d) Colonies, beehives, slumgums, used bee equipment or appliances brought into this state in violation of this chapter or any applicable rules and regulations of the department shall be removed by the owner from this state and returned to their state of origin within five (5) days after notification by the department. Failure to comply may result in confiscation as provided in § 44-15-117 without any remuneration to the owner. Acts 1995, ch. 402, § 14; T.C.A. § 44-15-213.
(a) Any person wanting to move live bees in beehives or empty brood combs (combs that have been used for rearing bee brood) into the state must apply to the department for an entry permit. The application shall be accompanied by a certificate of health from the originating state's regulatory agency certifying that all bees and beehives and used brood combs have been inspected by an authorized official thirty (30) days prior to transportation into Tennessee. The certificate of health must show what diseases and pests were found as a result of the inspection. The state apiarist shall review the application and the health certificate and will determine whether or not an entry permit shall be granted and what conditions or requirements must be met prior to entry.
(b) Any person, firm or corporation transporting colonies or used beekeeping equipment into, within, or through the state must secure the hives and equipment in such a manner as to prevent the escape of bees.
(c) The state apiarist and all apiary inspectors shall be empowered to intercept any person or persons transporting colonies or appliances to determine if the person or persons have the required inspection certificates.
(d) Colonies, beehives, slumgums, used bee equipment or appliances brought into this state in violation of this chapter or any applicable rules and regulations of the department shall be removed by the owner from this state and returned to their state of origin within five (5) days after notification by the department. Failure to comply may result in confiscation as provided in § 44-15-117 without any remuneration to the owner.
Acts 1995, ch. 402, § 14; T.C.A. § 44-15-213.
Tenn. Code Ann. § 44-8-402 — TN Code / Title 44 / Chapter 8 / Section 44-8-402
Lien for damages
Status: in_force

For any damages occasioned by stock running at large in violation of § 44-8-401 , the person so damaged shall have a lien upon the stock, which lien shall be enforced by attachment before a judge of the court of general sessions in the same manner and to the same extent as other liens are enforced. Acts 1947, ch. 52, § 2; C. Supp. 1950, § 5087.2 (Williams, § 5077.2); T.C.A. (orig. ed.), § 44-1402; impl. am. Acts 1979, ch. 68, § 2; T.C.A., § 44-8-102 .
For any damages occasioned by stock running at large in violation of § 44-8-401 , the person so damaged shall have a lien upon the stock, which lien shall be enforced by attachment before a judge of the court of general sessions in the same manner and to the same extent as other liens are enforced.
Acts 1947, ch. 52, § 2; C. Supp. 1950, § 5087.2 (Williams, § 5077.2); T.C.A. (orig. ed.), § 44-1402; impl. am. Acts 1979, ch. 68, § 2; T.C.A., § 44-8-102 .
Tenn. Code Ann. § 44-8-411 — TN Code / Title 44 / Chapter 8 / Section 44-8-411
No liability for killing proud bitch at large
Status: in_force

Any person crippling, killing, or in any way destroying a proud bitch that is running at large shall not be held liable for the damages due to such killing or destruction. Acts 1901, ch. 22, § 2; Shan., § 2853a2; mod. Code 1932, § 5084; T.C.A. (orig. ed.), §§ 44-1411, 44-8-111.
Any person crippling, killing, or in any way destroying a proud bitch that is running at large shall not be held liable for the damages due to such killing or destruction.
Acts 1901, ch. 22, § 2; Shan., § 2853a2; mod. Code 1932, § 5084; T.C.A. (orig. ed.), §§ 44-1411, 44-8-111.
Tenn. Code Ann. § 44-14-102 — TN Code / Title 44 / Chapter 14 / Section 44-14-102
Chapter definitions
Status: in_force

(a) As used in this chapter, unless the context otherwise requires: (1) "Association" means any association or corporation organized under this chapter; (2) "Member" includes bona fide sheep producers who meet the requirements of associations organized under this chapter; and (3) "Person" includes an individual, firm, partnership, corporation and association. (b) Associations organized hereunder shall be deemed "nonprofit," inasmuch as they are not organized to make profit for themselves, as such, or for their members, as such, but only for their members as producers. Acts 1939, ch. 184, § 2; C. Supp. 1950, § 3830.3 (Williams, §3830.4); T.C.A. (orig. ed.), § 44-2102.
(a) As used in this chapter, unless the context otherwise requires: (1) "Association" means any association or corporation organized under this chapter; (2) "Member" includes bona fide sheep producers who meet the requirements of associations organized under this chapter; and (3) "Person" includes an individual, firm, partnership, corporation and association.
(1) "Association" means any association or corporation organized under this chapter;
(2) "Member" includes bona fide sheep producers who meet the requirements of associations organized under this chapter; and
(3) "Person" includes an individual, firm, partnership, corporation and association.
(b) Associations organized hereunder shall be deemed "nonprofit," inasmuch as they are not organized to make profit for themselves, as such, or for their members, as such, but only for their members as producers.
Acts 1939, ch. 184, § 2; C. Supp. 1950, § 3830.3 (Williams, §3830.4); T.C.A. (orig. ed.), § 44-2102.
Tenn. Code Ann. § 44-17-111 — TN Code / Title 44 / Chapter 17 / Section 44-17-111
Records of research facilities and dealers
Status: in_force

Research facilities and dealers shall make and keep such records with respect to their purchase, sale, transportation, and handling of dogs and cats as the commissioner may prescribe. Acts 1967, ch. 332, § 11; T.C.A., § 44-114.
Research facilities and dealers shall make and keep such records with respect to their purchase, sale, transportation, and handling of dogs and cats as the commissioner may prescribe.
Acts 1967, ch. 332, § 11; T.C.A., § 44-114.
Tenn. Code Ann. § 44-17-122 — TN Code / Title 44 / Chapter 17 / Section 44-17-122
Cooperation with local and federal authorities
Status: in_force

The commissioner may enter into cooperative agreements with local and/or federal agencies for purposes of implementing this part. When implementing the provisions for issuance of dealer licenses, the commissioner shall take into consideration other federal and/or local licensing regulations that may apply, it being the intent of the legislature not to impose duplicative licensing requirements and costs for dealers. Acts 2002, ch. 774, § 5.
The commissioner may enter into cooperative agreements with local and/or federal agencies for purposes of implementing this part. When implementing the provisions for issuance of dealer licenses, the commissioner shall take into consideration other federal and/or local licensing regulations that may apply, it being the intent of the legislature not to impose duplicative licensing requirements and costs for dealers.
Acts 2002, ch. 774, § 5.
Tenn. Code Ann. § 44-11-102 — TN Code / Title 44 / Chapter 11 / Section 44-11-102
License required - Application
Status: in_force

(a) No person shall conduct the business of a livestock market without a valid license from the department. (1) The application for a license shall be on forms prescribed and furnished by the department, and shall include: (A) The name, address and phone number of the livestock market operator; (B) The location and description of the establishment or property where the livestock market is to be conducted; (C) A report of the types and volume of livestock to be handled, sold or exchanged; (D) A copy of property and fire insurance for the livestock market; (E) Proof the applicant has met the bonding requirements of 9 C.F.R. 201, et seq.; and (F) Such other information as the commissioner may require. (2) All applications shall be accompanied by the license fee required by § 44-11-104 . (b) This chapter shall not be construed to include as a livestock market the following: (1) Any operation where Future Farmers, 4-H Club groups, or fairs conduct sales of livestock; or (2) Any livestock producer or breed association as defined by § 44-11-101 . Acts 1957, ch. 208, § 2; T.C.A., §44-2302; Acts 2010 , ch. 717, § 7.
(a) No person shall conduct the business of a livestock market without a valid license from the department. (1) The application for a license shall be on forms prescribed and furnished by the department, and shall include: (A) The name, address and phone number of the livestock market operator; (B) The location and description of the establishment or property where the livestock market is to be conducted; (C) A report of the types and volume of livestock to be handled, sold or exchanged; (D) A copy of property and fire insurance for the livestock market; (E) Proof the applicant has met the bonding requirements of 9 C.F.R. 201, et seq.; and (F) Such other information as the commissioner may require. (2) All applications shall be accompanied by the license fee required by § 44-11-104 .
(1) The application for a license shall be on forms prescribed and furnished by the department, and shall include: (A) The name, address and phone number of the livestock market operator; (B) The location and description of the establishment or property where the livestock market is to be conducted; (C) A report of the types and volume of livestock to be handled, sold or exchanged; (D) A copy of property and fire insurance for the livestock market; (E) Proof the applicant has met the bonding requirements of 9 C.F.R. 201, et seq.; and (F) Such other information as the commissioner may require.
(A) The name, address and phone number of the livestock market operator;
(B) The location and description of the establishment or property where the livestock market is to be conducted;
(C) A report of the types and volume of livestock to be handled, sold or exchanged;
(D) A copy of property and fire insurance for the livestock market;
(E) Proof the applicant has met the bonding requirements of 9 C.F.R. 201, et seq.; and
(F) Such other information as the commissioner may require.
(2) All applications shall be accompanied by the license fee required by § 44-11-104 .
(b) This chapter shall not be construed to include as a livestock market the following: (1) Any operation where Future Farmers, 4-H Club groups, or fairs conduct sales of livestock; or (2) Any livestock producer or breed association as defined by § 44-11-101 .
(1) Any operation where Future Farmers, 4-H Club groups, or fairs conduct sales of livestock; or
(2) Any livestock producer or breed association as defined by § 44-11-101 .
Acts 1957, ch. 208, § 2; T.C.A., §44-2302; Acts 2010 , ch. 717, § 7.
Tenn. Code Ann. § 44-8-406 — TN Code / Title 44 / Chapter 8 / Section 44-8-406
[Repealed]
Status: repealed

Repealed by 2015 Tenn. Acts, ch. 73, s 1, eff. 4/6/2015. Code 1858, § 1666 (deriv. Acts 1803, ch. 20, § 3); Shan., § 2852; Code 1932, § 5081; T.C.A. (orig. ed.), §§ 44-1406, 44-8-106.
Repealed by 2015 Tenn. Acts, ch. 73, s 1, eff. 4/6/2015.
Code 1858, § 1666 (deriv. Acts 1803, ch. 20, § 3); Shan., § 2852; Code 1932, § 5081; T.C.A. (orig. ed.), §§ 44-1406, 44-8-106.
Tenn. Code Ann. § 44-14-101 — TN Code / Title 44 / Chapter 14 / Section 44-14-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Sheep Producers' Indemnity Law." Acts 1939, ch. 184, § 2; C. Supp. 1950, § 3830.2 (Williams, §3830.4); T.C.A. (orig. ed.), § 44-2101.
This chapter shall be known and may be cited as the "Sheep Producers' Indemnity Law."
Acts 1939, ch. 184, § 2; C. Supp. 1950, § 3830.2 (Williams, §3830.4); T.C.A. (orig. ed.), § 44-2101.
Tenn. Code Ann. § 44-15-101 — TN Code / Title 44 / Chapter 15 / Section 44-15-101
Title - Purpose
Status: in_force

(a) This chapter shall be known and may be cited as the "Tennessee Apiary Act of 1995." (b) Honeybees are kept in beehives by beekeepers throughout the state, and many colonies of feral honeybees have established nests in hollow trees and in walls of buildings. These honeybees perform a pollination function that is essential to the propagation of many species of flowering plants in Tennessee. These flowering plants include many agricultural crops, wildflowers, and forest plants that are of great importance to all Tennesseans, and the honeybees are the major pollinator for most of these plants. Therefore, the state should take appropriate actions to help assure the continued availability of an adequate population of honeybee pollinators. Honeybees, like other animal species, are afflicted by a variety of contagious diseases and pests that can cause serious population reductions. The natural behavior of honeybees cause them to be interactive with bees from other colonies and therefore vulnerable to transmission of some diseases and pests. Therefore, persons involved in the keeping of bees in a given area can engage in beekeeping practices that will have a real and direct impact on the honeybees and beekeeping in surrounding areas. This chapter enables and provides for the development of regulatory programs for beekeeping activities in the state as may be needed to help protect honeybees from diseases, pests, and other threats that could seriously reduce the availability of the honeybee pollinators. Acts 1995, ch. 402, § 2; T.C.A. § 44-15-201.
(a) This chapter shall be known and may be cited as the "Tennessee Apiary Act of 1995."
(b) Honeybees are kept in beehives by beekeepers throughout the state, and many colonies of feral honeybees have established nests in hollow trees and in walls of buildings. These honeybees perform a pollination function that is essential to the propagation of many species of flowering plants in Tennessee. These flowering plants include many agricultural crops, wildflowers, and forest plants that are of great importance to all Tennesseans, and the honeybees are the major pollinator for most of these plants. Therefore, the state should take appropriate actions to help assure the continued availability of an adequate population of honeybee pollinators. Honeybees, like other animal species, are afflicted by a variety of contagious diseases and pests that can cause serious population reductions. The natural behavior of honeybees cause them to be interactive with bees from other colonies and therefore vulnerable to transmission of some diseases and pests. Therefore, persons involved in the keeping of bees in a given area can engage in beekeeping practices that will have a real and direct impact on the honeybees and beekeeping in surrounding areas. This chapter enables and provides for the development of regulatory programs for beekeeping activities in the state as may be needed to help protect honeybees from diseases, pests, and other threats that could seriously reduce the availability of the honeybee pollinators.
Acts 1995, ch. 402, § 2; T.C.A. § 44-15-201.
Tenn. Code Ann. § 44-7-102 — TN Code / Title 44 / Chapter 7 / Section 44-7-102
Recording marks and brands
Status: in_force

Marks or brands shall be recorded in the office of the county clerk of the county in which the animals run; but the same brand or marks shall not be recorded to more than one (1) person in the same county. Code 1858, § 1655 (deriv. Acts 1741, ch. 8, § 6); Shan., § 2841; Code 1932, § 5068; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 44-1202.
Marks or brands shall be recorded in the office of the county clerk of the county in which the animals run; but the same brand or marks shall not be recorded to more than one (1) person in the same county.
Code 1858, § 1655 (deriv. Acts 1741, ch. 8, § 6); Shan., § 2841; Code 1932, § 5068; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 44-1202.
Tenn. Code Ann. § 44-11-105 — TN Code / Title 44 / Chapter 11 / Section 44-11-105
Form of licenses - Display - Renewal
Status: in_force

(a) A separate license shall be required for each establishment or premises where a livestock market is operated or conducted. The original, or a certified copy of the license hereunder, shall be conspicuously displayed by the licensee in the sale ring or some other like prominent place in the establishment or premises licensed. (b) Licenses shall expire on June 30 of each year and shall be renewed annually upon like application and procedure as in the case of the original license. Acts 1957, ch. 208, § 5; T.C.A., §44-2305; Acts 2010 , ch. 717, § 10.
(a) A separate license shall be required for each establishment or premises where a livestock market is operated or conducted. The original, or a certified copy of the license hereunder, shall be conspicuously displayed by the licensee in the sale ring or some other like prominent place in the establishment or premises licensed.
(b) Licenses shall expire on June 30 of each year and shall be renewed annually upon like application and procedure as in the case of the original license.
Acts 1957, ch. 208, § 5; T.C.A., §44-2305; Acts 2010 , ch. 717, § 10.
Tenn. Code Ann. § 44-7-101 — TN Code / Title 44 / Chapter 7 / Section 44-7-101
Marks and brands of animals running at large
Status: in_force

Any person owning any cattle, hogs, sheep or goats, horses or other animals, running at large, shall have an earmark or brand different from those of that person's neighbors. Code 1858, § 1654 (deriv. Acts 1741, ch. 8, § 6); Shan., § 2840; Code 1932, § 5067; T.C.A. (orig. ed.), § 44-1201.
Any person owning any cattle, hogs, sheep or goats, horses or other animals, running at large, shall have an earmark or brand different from those of that person's neighbors.
Code 1858, § 1654 (deriv. Acts 1741, ch. 8, § 6); Shan., § 2840; Code 1932, § 5067; T.C.A. (orig. ed.), § 44-1201.
Tenn. Code Ann. § 44-2-403 — TN Code / Title 44 / Chapter 2 / Section 44-2-403
Enforcing official
Status: in_force

This part shall be enforced and administered by the commissioner or the commissioner's designated representative. Acts 1973, ch. 17, § 2; T.C.A., §§ 44-1003, 44-5-103.
This part shall be enforced and administered by the commissioner or the commissioner's designated representative.
Acts 1973, ch. 17, § 2; T.C.A., §§ 44-1003, 44-5-103.
Tenn. Code Ann. § 44-15-122 — TN Code / Title 44 / Chapter 15 / Section 44-15-122
Charges
Status: in_force

In order to recover departmental costs, the commissioner is authorized to charge for the use of equipment and materials in providing technical assistance to beekeepers. Acts 1995, ch. 402, § 24; T.C.A. § 44-15-222.
In order to recover departmental costs, the commissioner is authorized to charge for the use of equipment and materials in providing technical assistance to beekeepers.
Acts 1995, ch. 402, § 24; T.C.A. § 44-15-222.
Tenn. Code Ann. § 44-11-110 — TN Code / Title 44 / Chapter 11 / Section 44-11-110
Administration of chapter - Personnel
Status: in_force

(a) The state veterinarian shall administer this chapter. (b) The state veterinarian is authorized to employ a chief inspector and shall have one (1) inspector assigned to work in each grand division of the state. In addition, the state veterinarian may employ part-time inspectors who may be assigned in particular localities or at particular community sales. Acts 1957, ch. 208, § 11; T.C.A., § 44-2310.
(a) The state veterinarian shall administer this chapter.
(b) The state veterinarian is authorized to employ a chief inspector and shall have one (1) inspector assigned to work in each grand division of the state. In addition, the state veterinarian may employ part-time inspectors who may be assigned in particular localities or at particular community sales.
Acts 1957, ch. 208, § 11; T.C.A., § 44-2310.
Tenn. Code Ann. § 44-10-203 — TN Code / Title 44 / Chapter 10 / Section 44-10-203
License required - Fee
Status: in_force

Any person doing business as a livestock dealer must procure from the commissioner an annual license. Application for the annual license or its renewal shall be made on forms provided by the commissioner and accompanied by payment of a license fee set by rule pursuant to § 43-1-703 . Upon a determination that the applicant is qualified, the commissioner shall issue a license to the applicant, and all annual licenses shall terminate and become void on June 30 in the calendar year following issuance of the license or renewal. Amended by 2015 Tenn. Acts, ch. 485,s 21, eff. 7/1/2015. Acts 1973, ch. 112, § 3; T.C.A., § 44-1912.
Any person doing business as a livestock dealer must procure from the commissioner an annual license. Application for the annual license or its renewal shall be made on forms provided by the commissioner and accompanied by payment of a license fee set by rule pursuant to § 43-1-703 . Upon a determination that the applicant is qualified, the commissioner shall issue a license to the applicant, and all annual licenses shall terminate and become void on June 30 in the calendar year following issuance of the license or renewal.
Amended by 2015 Tenn. Acts, ch. 485,s 21, eff. 7/1/2015.
Acts 1973, ch. 112, § 3; T.C.A., § 44-1912.
Tenn. Code Ann. § 44-8-401 — TN Code / Title 44 / Chapter 8 / Section 44-8-401
Livestock not to run at large - Punishment
Status: in_force

(a) It is unlawful for the owners of any livestock, as defined in § 43-1-114 , to willfully allow the livestock to run at large in this state. (b) A violation of this section is a Class C misdemeanor. Amended by 2014 Tenn. Acts, ch. 568,s 4, eff. 3/21/2014. Acts 1947, ch. 52, § 1; C. Supp. 1950, § 5087.1 (Williams, § 5077.1); T.C.A. (orig. ed.), §§ 44-1401, 44-8-101; Acts 1989, ch. 591, § 113.
(a) It is unlawful for the owners of any livestock, as defined in § 43-1-114 , to willfully allow the livestock to run at large in this state.
(b) A violation of this section is a Class C misdemeanor.
Amended by 2014 Tenn. Acts, ch. 568,s 4, eff. 3/21/2014.
Acts 1947, ch. 52, § 1; C. Supp. 1950, § 5087.1 (Williams, § 5077.1); T.C.A. (orig. ed.), §§ 44-1401, 44-8-101; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 44-16-103 — TN Code / Title 44 / Chapter 16 / Section 44-16-103
Inspector of poultry flocks, hatcheries, and baby chicks - Assistants - Compensation
Status: in_force

The commissioner of agriculture is authorized, for the carrying out of this part, to appoint a state poultry flock, hatchery, and baby chick inspector and necessary assistants, and to fix their compensation; provided, that no expense shall be incurred or paid on account of this service in excess of the revenue derived from the service. Acts 1925, ch. 138, § 3; Shan. Supp., § 373a79; Code 1932, § 302; T.C.A. (orig. ed.), § 44-1803.
The commissioner of agriculture is authorized, for the carrying out of this part, to appoint a state poultry flock, hatchery, and baby chick inspector and necessary assistants, and to fix their compensation; provided, that no expense shall be incurred or paid on account of this service in excess of the revenue derived from the service.
Acts 1925, ch. 138, § 3; Shan. Supp., § 373a79; Code 1932, § 302; T.C.A. (orig. ed.), § 44-1803.
Tenn. Code Ann. § 44-15-102 — TN Code / Title 44 / Chapter 15 / Section 44-15-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Abandoned apiaries" means an apiary that has not been subjected to at least the minimal beekeeping practices necessary to maintain the bees in a healthy, productive, and safe condition so that the honeybees and beekeepers in surrounding areas will not be adversely affected; (2) "Advisory committee" or "ATAC" means the apicultural technical advisory committee that is established pursuant to this chapter; (3) "Apiary" means a collection of one (1) or more colonies of bees in beehives at a location. A building or room in a building is considered to be the location of an apiary only if one (1) or more beehives containing colonies of honeybees are housed within that building; (4) "Apiary inspectors" means those persons with relevant qualifications and beekeeping training who are employed by or working under contract with the department of agriculture for the purpose of implementing regulatory programs as directed by the state apiarist; (5) "Appliances" means any apparatus, tools, machines or other devices used in handling and manipulating bees, honey, and wax that may be used in an apiary, or in transporting bees and their products and apiary supplies; (6) "Bee disease or pest" means a condition in which a colony is infested/infected with a bacterial, fungal, viral, or parasitic condition or an organism that can or will affect the well-being of a colony; (7) "Beekeeper" means any individual, association, corporation, or other entity who deliberately provides nesting sites for colonies of honeybees and attempts to establish and maintain colonies of honeybees at any location; (8) "Bees" or "honeybees" means any developmental stage of any sub- species of the species Apis mellifem; (9) "Certification" means a voluntary training program approved by the department that when successfully completed authorizes the beekeeper to detect, identify, and control regulated bee diseases and pests in colonies under the management of that beekeeper; (10) "Certified beekeeper" means any person who has successfully met the requirements of a voluntary certification program for beekeepers as approved by the state apiarist; (11) "Colony" means all of the bees living together as one (1) social unit and may include the bee equipment in which the bees are living; (12) "Commissioner" means the commissioner of agriculture or the commissioner's designated agent; (13) "Department" means the Tennessee department of agriculture; (14) "Feral bees" means those honeybees not kept in a beehive provided by a beekeeper and whose nest sites are usually located in a cavity within a tree or a building; (15) "Hive" or "beehive" means that container or structure used by a beekeeper to provide a cavity in which a colony of bees is expected to establish a permanent nest; (16) "Registered apiary" means an apiary location that has been properly registered with the department as required by this chapter; (17) "Registered beekeeper" means a beekeeper whose apiaries are properly registered with the department; (18) "Regulated bee disease" or "regulated pest" means a bee disease or pest that presents a significant threat to the population of honeybees and for which regulatory actions can be taken to mitigate that threat; and (19) "State apiarist" means that person employed by the department who has the qualifications prescribed by this chapter and has been designated as state apiarist by the commissioner. Acts 1995, ch. 402, § 3; T.C.A. § 44-15-202.
As used in this chapter, unless the context otherwise requires:
(1) "Abandoned apiaries" means an apiary that has not been subjected to at least the minimal beekeeping practices necessary to maintain the bees in a healthy, productive, and safe condition so that the honeybees and beekeepers in surrounding areas will not be adversely affected;
(2) "Advisory committee" or "ATAC" means the apicultural technical advisory committee that is established pursuant to this chapter;
(3) "Apiary" means a collection of one (1) or more colonies of bees in beehives at a location. A building or room in a building is considered to be the location of an apiary only if one (1) or more beehives containing colonies of honeybees are housed within that building;
(4) "Apiary inspectors" means those persons with relevant qualifications and beekeeping training who are employed by or working under contract with the department of agriculture for the purpose of implementing regulatory programs as directed by the state apiarist;
(5) "Appliances" means any apparatus, tools, machines or other devices used in handling and manipulating bees, honey, and wax that may be used in an apiary, or in transporting bees and their products and apiary supplies;
(6) "Bee disease or pest" means a condition in which a colony is infested/infected with a bacterial, fungal, viral, or parasitic condition or an organism that can or will affect the well-being of a colony;
(7) "Beekeeper" means any individual, association, corporation, or other entity who deliberately provides nesting sites for colonies of honeybees and attempts to establish and maintain colonies of honeybees at any location;
(8) "Bees" or "honeybees" means any developmental stage of any sub- species of the species Apis mellifem;
(9) "Certification" means a voluntary training program approved by the department that when successfully completed authorizes the beekeeper to detect, identify, and control regulated bee diseases and pests in colonies under the management of that beekeeper;
(10) "Certified beekeeper" means any person who has successfully met the requirements of a voluntary certification program for beekeepers as approved by the state apiarist;
(11) "Colony" means all of the bees living together as one (1) social unit and may include the bee equipment in which the bees are living;
(12) "Commissioner" means the commissioner of agriculture or the commissioner's designated agent;
(13) "Department" means the Tennessee department of agriculture;
(14) "Feral bees" means those honeybees not kept in a beehive provided by a beekeeper and whose nest sites are usually located in a cavity within a tree or a building;
(15) "Hive" or "beehive" means that container or structure used by a beekeeper to provide a cavity in which a colony of bees is expected to establish a permanent nest;
(16) "Registered apiary" means an apiary location that has been properly registered with the department as required by this chapter;
(17) "Registered beekeeper" means a beekeeper whose apiaries are properly registered with the department;
(18) "Regulated bee disease" or "regulated pest" means a bee disease or pest that presents a significant threat to the population of honeybees and for which regulatory actions can be taken to mitigate that threat; and
(19) "State apiarist" means that person employed by the department who has the qualifications prescribed by this chapter and has been designated as state apiarist by the commissioner.
Acts 1995, ch. 402, § 3; T.C.A. § 44-15-202.
Tenn. Code Ann. § 44-20-105 — TN Code / Title 44 / Chapter 20 / Section 44-20-105
Warning signs and notice
Status: in_force

(a) Every equine professional shall post and maintain signs that contain the warning notice specified in subsection (b). The signs shall be placed in clearly visible locations on or near stables, corrals, or arenas where the equine professional conducts equine activities if the stables, corrals, or arenas are owned, managed, or controlled by the equine professional. The warning notice specified in subsection (b) shall appear on the sign in black letters, with each letter to be a minimum of one inch (1") in height. Every written contract entered into by an equine professional for the providing of professional services, instruction, or the rental of equipment or tack or an equine to a participant, whether or not the contract involves equine activities on or off the location or site of the equine professional's business, shall contain in clearly readable print the warning notice specified in subsection (b). (b) The signs and contracts described in subsection (a) shall contain the following warning notice: WARNING Under Tennessee Law, an equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to Tennessee Code Annotated, title 44, chapter 20. Acts 1992, ch. 974, § 6.
(a) Every equine professional shall post and maintain signs that contain the warning notice specified in subsection (b). The signs shall be placed in clearly visible locations on or near stables, corrals, or arenas where the equine professional conducts equine activities if the stables, corrals, or arenas are owned, managed, or controlled by the equine professional. The warning notice specified in subsection (b) shall appear on the sign in black letters, with each letter to be a minimum of one inch (1") in height. Every written contract entered into by an equine professional for the providing of professional services, instruction, or the rental of equipment or tack or an equine to a participant, whether or not the contract involves equine activities on or off the location or site of the equine professional's business, shall contain in clearly readable print the warning notice specified in subsection (b).
(b) The signs and contracts described in subsection (a) shall contain the following warning notice: WARNING Under Tennessee Law, an equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to Tennessee Code Annotated, title 44, chapter 20.
WARNING
Under Tennessee Law, an equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to Tennessee Code Annotated, title 44, chapter 20.
Acts 1992, ch. 974, § 6.
Tenn. Code Ann. § 44-21-102 — TN Code / Title 44 / Chapter 21 / Section 44-21-102
No liability for inherent risks of bovine activities
Status: in_force

(a) A bovine owner shall not be liable for any injury, loss, damage, or death of a person resulting from the inherent risks of bovine activities. (b) Except as provided in § 44-21-103 , no person shall make any claim against, maintain an action against, or recover from a bovine owner for injury, loss, damage, or death of the person resulting from the inherent risks of bovine activities. Acts 2011, ch. 74, § 1.
(a) A bovine owner shall not be liable for any injury, loss, damage, or death of a person resulting from the inherent risks of bovine activities.
(b) Except as provided in § 44-21-103 , no person shall make any claim against, maintain an action against, or recover from a bovine owner for injury, loss, damage, or death of the person resulting from the inherent risks of bovine activities.
Acts 2011, ch. 74, § 1.
Tenn. Code Ann. § 44-17-106 — TN Code / Title 44 / Chapter 17 / Section 44-17-106
Annual renewal of dealer's license - Fee
Status: in_force

A license, unless sooner suspended or revoked, shall be renewable annually upon filing by the licensee and approval by the commissioner, of an annual report upon such forms and containing such information as the commissioner may prescribe by regulation. The fee for renewal of licenses shall be based upon the following: (1) Dealer license fee to sell dogs or cats to research facilities - one hundred and twenty-five dollars ($125); (2) Dealer license fee (wholesale) to sell dogs or cats for resale - one hundred and twenty-five dollars ($125); (3) Dealer license fee (retail) to buy dogs or cats for resale to be assessed as follows: (A) Transactions of up to 50 animals per year - one hundred and twenty-five dollars ($125); (B) Transactions of 51 to 150 animals per year - two hundred and fifty dollars ($250); (C) Transactions of 151 to 300 animals per year - five hundred dollars ($500); (D) Transactions of 301 to 500 animals per year - seven hundred and fifty dollars ($750); and (E) Transactions of more than 500 animals per year - one thousand dollars ($1,000); and (4) Dealer license fee to transport dogs or cats in commerce - one hundred and twenty-five dollars ($125). Acts 1967, ch. 332, § 6; T.C.A., § 44-109; Acts 2002, ch. 774, § 2.
A license, unless sooner suspended or revoked, shall be renewable annually upon filing by the licensee and approval by the commissioner, of an annual report upon such forms and containing such information as the commissioner may prescribe by regulation. The fee for renewal of licenses shall be based upon the following:
(1) Dealer license fee to sell dogs or cats to research facilities - one hundred and twenty-five dollars ($125);
(2) Dealer license fee (wholesale) to sell dogs or cats for resale - one hundred and twenty-five dollars ($125);
(3) Dealer license fee (retail) to buy dogs or cats for resale to be assessed as follows: (A) Transactions of up to 50 animals per year - one hundred and twenty-five dollars ($125); (B) Transactions of 51 to 150 animals per year - two hundred and fifty dollars ($250); (C) Transactions of 151 to 300 animals per year - five hundred dollars ($500); (D) Transactions of 301 to 500 animals per year - seven hundred and fifty dollars ($750); and (E) Transactions of more than 500 animals per year - one thousand dollars ($1,000); and
(A) Transactions of up to 50 animals per year - one hundred and twenty-five dollars ($125);
(B) Transactions of 51 to 150 animals per year - two hundred and fifty dollars ($250);
(C) Transactions of 151 to 300 animals per year - five hundred dollars ($500);
(D) Transactions of 301 to 500 animals per year - seven hundred and fifty dollars ($750); and
(E) Transactions of more than 500 animals per year - one thousand dollars ($1,000); and
(4) Dealer license fee to transport dogs or cats in commerce - one hundred and twenty-five dollars ($125).
Acts 1967, ch. 332, § 6; T.C.A., § 44-109; Acts 2002, ch. 774, § 2.
Tenn. Code Ann. § 44-11-112 — TN Code / Title 44 / Chapter 11 / Section 44-11-112
Rules and regulations
Status: in_force

The department may make reasonable rules and regulations for carrying out this chapter. Acts 1957, ch. 208, § 13; T.C.A., § 44-2312.
The department may make reasonable rules and regulations for carrying out this chapter.
Acts 1957, ch. 208, § 13; T.C.A., § 44-2312.
Tenn. Code Ann. § 44-17-112 — TN Code / Title 44 / Chapter 17 / Section 44-17-112
Sales of dogs and cats to research facilities - Restrictions
Status: in_force

Dogs and cats shall not be offered for sale or sold to a research facility at public auction or by weight. No research facility shall purchase dogs or cats at public auction or by weight, nor shall any research facility purchase dogs or cats except from a licensed dealer, public pound, humane society, or from a person who breeds dogs or cats for sale to a research facility. Acts 1967, ch. 332, § 12; T.C.A., § 44-115.
Dogs and cats shall not be offered for sale or sold to a research facility at public auction or by weight. No research facility shall purchase dogs or cats at public auction or by weight, nor shall any research facility purchase dogs or cats except from a licensed dealer, public pound, humane society, or from a person who breeds dogs or cats for sale to a research facility.
Acts 1967, ch. 332, § 12; T.C.A., § 44-115.
Tenn. Code Ann. § 44-19-111 — TN Code / Title 44 / Chapter 19 / Section 44-19-111
Notice of referendum and assessment - Ballots
Status: in_force

With respect to any referendum conducted under this chapter, the commissioner shall, before calling and announcing such referendum, give notice of the effective date of the assessment, if adopted, and the amount and basis of the assessment proposed to be collected; provided, that no assessment levied under this chapter shall exceed ten cents (10¢) per hundred weight. Voting in the referendum shall be by mail ballots returned to an address determined and announced by the commissioner who shall mail a ballot to all qualified producers eligible to vote in the referendum. Acts 1984, ch. 948, § 11.
With respect to any referendum conducted under this chapter, the commissioner shall, before calling and announcing such referendum, give notice of the effective date of the assessment, if adopted, and the amount and basis of the assessment proposed to be collected; provided, that no assessment levied under this chapter shall exceed ten cents (10¢) per hundred weight. Voting in the referendum shall be by mail ballots returned to an address determined and announced by the commissioner who shall mail a ballot to all qualified producers eligible to vote in the referendum.
Acts 1984, ch. 948, § 11.
Tenn. Code Ann. § 44-16-204 — TN Code / Title 44 / Chapter 16 / Section 44-16-204
Access to premises - Enforcement by commissioner
Status: in_force

(a) The commissioner of agriculture or the commissioner's duly authorized agent has free access at all reasonable hours to any place of business coming under this part. (b) The commissioner shall enforce this part and has the authority to promulgate regulations for the efficient enforcement of its provisions. Acts 1945, ch. 176, §§ 5, 6; C. Supp. 1950, § 547.19 (Williams, §§ 525.5, 525.6); T.C.A. (orig. ed.), § 44-1808.
(a) The commissioner of agriculture or the commissioner's duly authorized agent has free access at all reasonable hours to any place of business coming under this part.
(b) The commissioner shall enforce this part and has the authority to promulgate regulations for the efficient enforcement of its provisions.
Acts 1945, ch. 176, §§ 5, 6; C. Supp. 1950, § 547.19 (Williams, §§ 525.5, 525.6); T.C.A. (orig. ed.), § 44-1808.
Tenn. Code Ann. § 44-14-114 — TN Code / Title 44 / Chapter 14 / Section 44-14-114
Removal of officer or director
Status: in_force

Any member may bring charges against an officer or director by filing them in writing with the secretary of the association, together with a petition signed by five percent (5%) of the members, requesting the removal of the officer or director in question. The removal shall be voted upon at the next regular or special meeting of the association and, by a vote of a majority of the members, the association may remove the officer or director and fill the vacancy. The officer or director, against whom such charges have been brought, shall be informed in writing of the charges previous to the meeting and shall have an opportunity at the meeting to be heard in person or by counsel and to present witnesses; and the person or persons bringing the charges against the officer or director shall have the same opportunity. Acts 1939, ch. 184, § 14; C. Supp. 1950, § 3830.15 (Williams, § 3830.16); T.C.A. (orig. ed.), § 44-2114.
Any member may bring charges against an officer or director by filing them in writing with the secretary of the association, together with a petition signed by five percent (5%) of the members, requesting the removal of the officer or director in question. The removal shall be voted upon at the next regular or special meeting of the association and, by a vote of a majority of the members, the association may remove the officer or director and fill the vacancy. The officer or director, against whom such charges have been brought, shall be informed in writing of the charges previous to the meeting and shall have an opportunity at the meeting to be heard in person or by counsel and to present witnesses; and the person or persons bringing the charges against the officer or director shall have the same opportunity.
Acts 1939, ch. 184, § 14; C. Supp. 1950, § 3830.15 (Williams, § 3830.16); T.C.A. (orig. ed.), § 44-2114.
Tenn. Code Ann. § 44-17-118 — TN Code / Title 44 / Chapter 17 / Section 44-17-118
Rules and regulations
Status: in_force

The commissioner may promulgate such rules and regulations as are reasonably necessary to implement this part. Acts 1967, ch. 332, § 18; T.C.A., § 44-121; Acts 2002, ch. 774, § 6.
The commissioner may promulgate such rules and regulations as are reasonably necessary to implement this part.
Acts 1967, ch. 332, § 18; T.C.A., § 44-121; Acts 2002, ch. 774, § 6.
Tenn. Code Ann. § 44-17-301 — TN Code / Title 44 / Chapter 17 / Section 44-17-301
Title
Status: in_force

This part shall be known and may be cited as the "Non-livestock Animal Humane Death Act." Acts 1980, ch. 482, § 1; 2001, ch. 70, § 1.
This part shall be known and may be cited as the "Non-livestock Animal Humane Death Act."
Acts 1980, ch. 482, § 1; 2001, ch. 70, § 1.
Tenn. Code Ann. § 44-7-105 — TN Code / Title 44 / Chapter 7 / Section 44-7-105
Deciding dispute as to marks and brands
Status: in_force

If any dispute arise about an earmark or brand, it shall be decided according to entries on the book of the county clerk. Code 1858, § 1658 (deriv. Acts 1741, ch. 8, § 6); Shan., § 2844; mod. Code 1932, § 5071; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 44-1205.
If any dispute arise about an earmark or brand, it shall be decided according to entries on the book of the county clerk.
Code 1858, § 1658 (deriv. Acts 1741, ch. 8, § 6); Shan., § 2844; mod. Code 1932, § 5071; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 44-1205.
Tenn. Code Ann. § 44-16-102 — TN Code / Title 44 / Chapter 16 / Section 44-16-102
Certification as accredited flock and hatchery
Status: in_force

Each poultry flock inspected and meeting the standard requirements thus fixed shall be certified by the department as an accredited flock, and each hatchery using eggs from accredited flocks only, and otherwise meeting the standard requirements, shall be certified by the department as an accredited hatchery. Acts 1925, ch. 138, § 2; Shan. Supp., § 373a78; Code 1932, § 301; T.C.A. (orig. ed.), § 44-1802.
Each poultry flock inspected and meeting the standard requirements thus fixed shall be certified by the department as an accredited flock, and each hatchery using eggs from accredited flocks only, and otherwise meeting the standard requirements, shall be certified by the department as an accredited hatchery.
Acts 1925, ch. 138, § 2; Shan. Supp., § 373a78; Code 1932, § 301; T.C.A. (orig. ed.), § 44-1802.
Tenn. Code Ann. § 44-14-104 — TN Code / Title 44 / Chapter 14 / Section 44-14-104
Powers and limitations of association
Status: in_force

Each association organized hereunder has the following powers and limitations: (1) Indemnity Limited. The indemnity allowed shall in no instance exceed the value of the animal; (2) Losses Prior to Membership. The association shall not protect the member from losses occurring prior to membership in the association; (3) Losses While Member in Arrears. The association shall not indemnify a member for losses sustained while the member is in arrears in payment of membership fees, but the member shall be considered to be suspended and without protection until the fees are paid, but shall continue to be liable for all fees due the association; (4) Loss Caused by Design of Assured. The association shall not be responsible for any loss caused by the design of the assured; (5) Liability for Assessment. No member shall be liable for assessments to pay losses and expenses accruing previous to the time of the member's membership in the association, nor for losses and expenses accruing after membership ceases; (6) Joint or Concurrent Indemnity. In all cases of other indemnity against loss by dogs upon the sheep protected in the association, whether prior or subsequent to the date of protection in the association, in the event of loss by dogs, the member will not be entitled to recover on the indemnity in the association any greater portion of the loss sustained than the indemnity in the association shall bear to the whole amount of indemnity on the sheep; (7) Must Cover All Sheep. The member shall schedule for indemnity all the sheep that the member owns within the territory of the association that are one (1) year of age and over. Lambs produced from ewes insured in the association shall be protected according to the schedule of indemnity payments until one (1) year of age, so long as ownership does not change, without the payment of any fees; (8) Funds. If, at the end of the fiscal year, there are sufficient funds above and beyond those to be expended for indemnity claims, a reasonable reserve fund shall be set aside; then, if there are still additional funds, the remainder shall be credited to the members pro rata (on a basis as paid into the association) on the ensuing year's fees. If there are not sufficient funds from the fees collected that are available at the end of the fiscal year to pay the indemnity claims as approved in full, then all indemnity payments shall be reduced pro rata; (9) Term of Indemnity. All indemnity shall date from the date of issuance of certificate of membership. This indemnity ceases at midnight Central Standard Time (12:00 CST) of the last day of the fiscal year; (10) Renewal of Indemnity. Indemnity shall be renewed only when the member pays all protective fees and otherwise fulfills all requirements as stipulated in the bylaws; (11) Liability of the Association. The association shall in no instance be liable for loss from other causes than death of sheep caused by dogs; (12) Cancellation of Membership. A member may, at any time upon written request to the secretary and the payment of all valid claims against the member, have the member's membership in the association cancelled; (13) Cancellation of Indemnity. The association may, upon five (5) days' notice, for any cause deemed sufficient by the board of directors or its representatives, cancel the indemnity of any member or any part thereof; and (14) Additional Powers. The association has the power to: (A) Do each and everything necessary, suitable or proper for the accomplishment of any one (1) of the purposes or the attainment of any one (1) of the subjects herein enumerated, or conducive to or expedient for the interest or benefit of the association, and to contract accordingly; (B) Exercise and possess all powers, rights and privileges necessary or incidental to the purposes for which the association is organized or to the activities in which it is engaged; and (C) Have any other rights, powers and privileges granted by the laws of this state to other corporations, except such as are inconsistent with the express provisions of this chapter. Acts 1939, ch. 184, § 4; C. Supp. 1950, § 3830.5 (Williams, §3830.6); T.C.A. (orig. ed.), § 44-2104.
Each association organized hereunder has the following powers and limitations:
(1) Indemnity Limited. The indemnity allowed shall in no instance exceed the value of the animal;
(2) Losses Prior to Membership. The association shall not protect the member from losses occurring prior to membership in the association;
(3) Losses While Member in Arrears. The association shall not indemnify a member for losses sustained while the member is in arrears in payment of membership fees, but the member shall be considered to be suspended and without protection until the fees are paid, but shall continue to be liable for all fees due the association;
(4) Loss Caused by Design of Assured. The association shall not be responsible for any loss caused by the design of the assured;
(5) Liability for Assessment. No member shall be liable for assessments to pay losses and expenses accruing previous to the time of the member's membership in the association, nor for losses and expenses accruing after membership ceases;
(6) Joint or Concurrent Indemnity. In all cases of other indemnity against loss by dogs upon the sheep protected in the association, whether prior or subsequent to the date of protection in the association, in the event of loss by dogs, the member will not be entitled to recover on the indemnity in the association any greater portion of the loss sustained than the indemnity in the association shall bear to the whole amount of indemnity on the sheep;
(7) Must Cover All Sheep. The member shall schedule for indemnity all the sheep that the member owns within the territory of the association that are one (1) year of age and over. Lambs produced from ewes insured in the association shall be protected according to the schedule of indemnity payments until one (1) year of age, so long as ownership does not change, without the payment of any fees;
(8) Funds. If, at the end of the fiscal year, there are sufficient funds above and beyond those to be expended for indemnity claims, a reasonable reserve fund shall be set aside; then, if there are still additional funds, the remainder shall be credited to the members pro rata (on a basis as paid into the association) on the ensuing year's fees. If there are not sufficient funds from the fees collected that are available at the end of the fiscal year to pay the indemnity claims as approved in full, then all indemnity payments shall be reduced pro rata;
(9) Term of Indemnity. All indemnity shall date from the date of issuance of certificate of membership. This indemnity ceases at midnight Central Standard Time (12:00 CST) of the last day of the fiscal year;
(10) Renewal of Indemnity. Indemnity shall be renewed only when the member pays all protective fees and otherwise fulfills all requirements as stipulated in the bylaws;
(11) Liability of the Association. The association shall in no instance be liable for loss from other causes than death of sheep caused by dogs;
(12) Cancellation of Membership. A member may, at any time upon written request to the secretary and the payment of all valid claims against the member, have the member's membership in the association cancelled;
(13) Cancellation of Indemnity. The association may, upon five (5) days' notice, for any cause deemed sufficient by the board of directors or its representatives, cancel the indemnity of any member or any part thereof; and
(14) Additional Powers. The association has the power to: (A) Do each and everything necessary, suitable or proper for the accomplishment of any one (1) of the purposes or the attainment of any one (1) of the subjects herein enumerated, or conducive to or expedient for the interest or benefit of the association, and to contract accordingly; (B) Exercise and possess all powers, rights and privileges necessary or incidental to the purposes for which the association is organized or to the activities in which it is engaged; and (C) Have any other rights, powers and privileges granted by the laws of this state to other corporations, except such as are inconsistent with the express provisions of this chapter.
(A) Do each and everything necessary, suitable or proper for the accomplishment of any one (1) of the purposes or the attainment of any one (1) of the subjects herein enumerated, or conducive to or expedient for the interest or benefit of the association, and to contract accordingly;
(B) Exercise and possess all powers, rights and privileges necessary or incidental to the purposes for which the association is organized or to the activities in which it is engaged; and
(C) Have any other rights, powers and privileges granted by the laws of this state to other corporations, except such as are inconsistent with the express provisions of this chapter.
Acts 1939, ch. 184, § 4; C. Supp. 1950, § 3830.5 (Williams, §3830.6); T.C.A. (orig. ed.), § 44-2104.
Tenn. Code Ann. § 44-17-101 — TN Code / Title 44 / Chapter 17 / Section 44-17-101
Purpose of part
Status: in_force

The purpose of this part is to protect the owners of dogs and cats from the theft of their pets, to prevent the sale or use of dogs and cats that have been stolen, and to ensure the humane treatment of dogs and cats in commerce and those used in research facilities. Acts 1967, ch. 332, § 1; T.C.A., § 44-104.
The purpose of this part is to protect the owners of dogs and cats from the theft of their pets, to prevent the sale or use of dogs and cats that have been stolen, and to ensure the humane treatment of dogs and cats in commerce and those used in research facilities.
Acts 1967, ch. 332, § 1; T.C.A., § 44-104.
Tenn. Code Ann. § 44-7-209 — TN Code / Title 44 / Chapter 7 / Section 44-7-209
Violation of this part a misdemeanor
Status: in_force

A person who violates any of the provisions of this part commits a Class C misdemeanor. Acts 1959, ch. 311, § 9; T.C.A., § 44-1218; Acts 1989, ch. 591, § 113.
A person who violates any of the provisions of this part commits a Class C misdemeanor.
Acts 1959, ch. 311, § 9; T.C.A., § 44-1218; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 44-17-103 — TN Code / Title 44 / Chapter 17 / Section 44-17-103
Sale or transportation of dogs or cats to research facilities by dealers without license prohibited
Status: in_force

(a) It is unlawful for any dealer to sell or offer to sell or transport or offer for transportation to any research facility any dog or cat, or to buy, sell, offer to buy or sell, transport or offer for transportation in commerce any dog or cat, unless the dealer has a currently valid license from the commissioner and has complied with the rules and regulations promulgated by the commissioner pursuant to this part. (b) A violation of this section is a Class C misdemeanor. Acts 1967, ch. 332, § 3; T.C.A., § 44-106; Acts 1989, ch. 591, § 113.
(a) It is unlawful for any dealer to sell or offer to sell or transport or offer for transportation to any research facility any dog or cat, or to buy, sell, offer to buy or sell, transport or offer for transportation in commerce any dog or cat, unless the dealer has a currently valid license from the commissioner and has complied with the rules and regulations promulgated by the commissioner pursuant to this part.
(b) A violation of this section is a Class C misdemeanor.
Acts 1967, ch. 332, § 3; T.C.A., § 44-106; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 44-17-120 — TN Code / Title 44 / Chapter 17 / Section 44-17-120
Destruction of dog causing death or serious injury to human - Notice to dog's owner
Status: in_force

(a) Any dog that attacks a human and causes death or serious bodily injury may be destroyed upon the order of the judge of the general sessions court of the county wherein the attack occurred. Such orders shall be granted on the petition of the district attorney general for the county. The petition shall name the owner of the dog, and the owner shall be given notice in accordance with Rule 4.01 of the Tennessee Rules of Civil Procedure, that if the owner does not appear before the court within five (5) days of the receipt thereof and show cause why the dog should not be destroyed, then the order shall issue and the dog shall be destroyed. (b) Notwithstanding subsection (a), in counties having a population in excess of eight hundred thousand (800,000), or having a metropolitan form of government and a population in excess of one hundred thousand (100,000), according to the 2000 federal census or any subsequent federal census, a municipality or county is authorized to adopt local ordinances authorizing the municipality or the county to appropriately petition in a general sessions court to provide for the disposition of dangerous dogs or dogs causing death or serious bodily injury to humans or other animals. Amended by 2014 Tenn. Acts, ch. 562,s 1, eff. 7/1/2014. Acts 1978, ch. 757, § 1; T.C.A., § 44-123; Acts 1999, ch. 85, § 1; 2010, ch. 882, § 1.
(a) Any dog that attacks a human and causes death or serious bodily injury may be destroyed upon the order of the judge of the general sessions court of the county wherein the attack occurred. Such orders shall be granted on the petition of the district attorney general for the county. The petition shall name the owner of the dog, and the owner shall be given notice in accordance with Rule 4.01 of the Tennessee Rules of Civil Procedure, that if the owner does not appear before the court within five (5) days of the receipt thereof and show cause why the dog should not be destroyed, then the order shall issue and the dog shall be destroyed.
(b) Notwithstanding subsection (a), in counties having a population in excess of eight hundred thousand (800,000), or having a metropolitan form of government and a population in excess of one hundred thousand (100,000), according to the 2000 federal census or any subsequent federal census, a municipality or county is authorized to adopt local ordinances authorizing the municipality or the county to appropriately petition in a general sessions court to provide for the disposition of dangerous dogs or dogs causing death or serious bodily injury to humans or other animals.
Amended by 2014 Tenn. Acts, ch. 562,s 1, eff. 7/1/2014.
Acts 1978, ch. 757, § 1; T.C.A., § 44-123; Acts 1999, ch. 85, § 1; 2010, ch. 882, § 1.
Tenn. Code Ann. § 44-7-107 — TN Code / Title 44 / Chapter 7 / Section 44-7-107
Altering or defacing marks - Forfeiture
Status: in_force

Any person who alters or defaces the mark or brand of another, forfeits for each animal on which the mark or brand is altered or defaced, twenty-five dollars ($25.00) to the owner who sues therefor in six (6) months, and to the owner or any interested third person who sues after six (6) and within twelve (12) months. Code 1858, § 1660 (deriv. Acts 1741, ch. 8, § 2); Shan., § 2846; mod. Code 1932, § 5073; T.C.A. (orig. ed.), § 44-1207.
Any person who alters or defaces the mark or brand of another, forfeits for each animal on which the mark or brand is altered or defaced, twenty-five dollars ($25.00) to the owner who sues therefor in six (6) months, and to the owner or any interested third person who sues after six (6) and within twelve (12) months.
Code 1858, § 1660 (deriv. Acts 1741, ch. 8, § 2); Shan., § 2846; mod. Code 1932, § 5073; T.C.A. (orig. ed.), § 44-1207.
Tenn. Code Ann. § 44-17-502 — TN Code / Title 44 / Chapter 17 / Section 44-17-502
Requirement for adoption
Status: in_force

(a) No person shall adopt a dog or cat from an agency, including, but not limited to, an animal shelter, dog pound, animal control agency or humane shelter operated by a municipality, county, or other governmental agency within the state, or a private organization operating a shelter from which animals are adopted or reclaimed, unless: (1) The dog or cat has already been spayed or neutered; (2) The dog or cat has been spayed or neutered by a licensed veterinarian while in the custody of the agency; or (3) The new owner signs a written agreement with the agency stating that the new owner will have the dog or cat spayed or neutered by a licensed veterinarian: (A) Within thirty (30) days of the date of the adoption, if such dog or cat is sexually mature; or (B) Within thirty (30) days after the dog or cat reaches six (6) months of age, if the dog or cat is not sexually mature at the time of the adoption. (b) Nothing in this section shall preclude the spaying or neutering of a sexually immature dog or cat at the discretion of a licensed veterinarian with the consent of the new owner. Acts 2000, ch. 789, § 3.
(a) No person shall adopt a dog or cat from an agency, including, but not limited to, an animal shelter, dog pound, animal control agency or humane shelter operated by a municipality, county, or other governmental agency within the state, or a private organization operating a shelter from which animals are adopted or reclaimed, unless: (1) The dog or cat has already been spayed or neutered; (2) The dog or cat has been spayed or neutered by a licensed veterinarian while in the custody of the agency; or (3) The new owner signs a written agreement with the agency stating that the new owner will have the dog or cat spayed or neutered by a licensed veterinarian: (A) Within thirty (30) days of the date of the adoption, if such dog or cat is sexually mature; or (B) Within thirty (30) days after the dog or cat reaches six (6) months of age, if the dog or cat is not sexually mature at the time of the adoption.
(1) The dog or cat has already been spayed or neutered;
(2) The dog or cat has been spayed or neutered by a licensed veterinarian while in the custody of the agency; or
(3) The new owner signs a written agreement with the agency stating that the new owner will have the dog or cat spayed or neutered by a licensed veterinarian: (A) Within thirty (30) days of the date of the adoption, if such dog or cat is sexually mature; or (B) Within thirty (30) days after the dog or cat reaches six (6) months of age, if the dog or cat is not sexually mature at the time of the adoption.
(A) Within thirty (30) days of the date of the adoption, if such dog or cat is sexually mature; or
(B) Within thirty (30) days after the dog or cat reaches six (6) months of age, if the dog or cat is not sexually mature at the time of the adoption.
(b) Nothing in this section shall preclude the spaying or neutering of a sexually immature dog or cat at the discretion of a licensed veterinarian with the consent of the new owner.
Acts 2000, ch. 789, § 3.
Tenn. Code Ann. § 44-8-209 — TN Code / Title 44 / Chapter 8 / Section 44-8-209
Removing fence without notice a misdemeanor - Damages
Status: in_force

Any person who removes a partition fence, or any part of a partition fence, without first giving the notice required by § 44-8-208 , commits a Class C misdemeanor, and is also liable to the person injured for any damages sustained by reason of the removal. Acts 1897, ch. 95, § 2; Shan., § 3005a2; mod. Code 1932, § 5226; T.C.A. (orig. ed.), §§ 44-1725, 44-9-209; Acts 1989, ch. 591, § 113.
Any person who removes a partition fence, or any part of a partition fence, without first giving the notice required by § 44-8-208 , commits a Class C misdemeanor, and is also liable to the person injured for any damages sustained by reason of the removal.
Acts 1897, ch. 95, § 2; Shan., § 3005a2; mod. Code 1932, § 5226; T.C.A. (orig. ed.), §§ 44-1725, 44-9-209; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 44-17-601 — TN Code / Title 44 / Chapter 17 / Section 44-17-601
"Chemical capture" defined - Authorized drugs - Administration of drugs
Status: in_force

(a) As used in this part, unless the context otherwise requires, "chemical capture" means the capture of a dog or cat by means of sedation using approved drugs as provided in this part and appropriate drug administering equipment. (b) Chemical capture by certified animal chemical capture technicians shall only be effected by use of Telazol or such other drugs as may be determined by the board of veterinary medical examiners. (c) Drugs used for chemical capture shall only be administered by a licensed veterinarian, a licensed veterinary technician employed by and functioning under the direct supervision of a licensed veterinarian, or such other individuals qualified as certified animal chemical capture technicians as determined by the board of veterinary medical examiners pursuant to § 63-12-144 . (d) With respect to certified animal chemical capture technicians, chemical capture shall be effected only in accordance with a written protocol and only when all other methods of capture have failed. Acts 2008, ch. 805, § 1.
(a) As used in this part, unless the context otherwise requires, "chemical capture" means the capture of a dog or cat by means of sedation using approved drugs as provided in this part and appropriate drug administering equipment.
(b) Chemical capture by certified animal chemical capture technicians shall only be effected by use of Telazol or such other drugs as may be determined by the board of veterinary medical examiners.
(c) Drugs used for chemical capture shall only be administered by a licensed veterinarian, a licensed veterinary technician employed by and functioning under the direct supervision of a licensed veterinarian, or such other individuals qualified as certified animal chemical capture technicians as determined by the board of veterinary medical examiners pursuant to § 63-12-144 .
(d) With respect to certified animal chemical capture technicians, chemical capture shall be effected only in accordance with a written protocol and only when all other methods of capture have failed.
Acts 2008, ch. 805, § 1.
Tenn. Code Ann. § 44-15-124 — TN Code / Title 44 / Chapter 15 / Section 44-15-124
Restrictions on keeping honeybees in hives
Status: in_force

No county, municipality, consolidated government, or other political subdivision of this state shall adopt or continue in effect any ordinance or resolution prohibiting the establishment or maintenance of honeybees in hives, provided that such establishment or maintenance is in compliance with this chapter. This section shall not be construed to restrict or otherwise limit the zoning authority of county or municipal governments; provided, however, that a honeybee hive being maintained at a location in compliance with applicable zoning requirements on June 10, 2011, shall not be adversely affected and may be maintained at the same location notwithstanding any subsequent zoning changes. Acts 2011, ch. 463, § 1.
No county, municipality, consolidated government, or other political subdivision of this state shall adopt or continue in effect any ordinance or resolution prohibiting the establishment or maintenance of honeybees in hives, provided that such establishment or maintenance is in compliance with this chapter. This section shall not be construed to restrict or otherwise limit the zoning authority of county or municipal governments; provided, however, that a honeybee hive being maintained at a location in compliance with applicable zoning requirements on June 10, 2011, shall not be adversely affected and may be maintained at the same location notwithstanding any subsequent zoning changes.
Acts 2011, ch. 463, § 1.
Tenn. Code Ann. § 44-6-106 — TN Code / Title 44 / Chapter 6 / Section 44-6-106
Misbranding
Status: in_force

A commercial feed shall be deemed to be misbranded if: (1) Its labeling is false or misleading in any particular; (2) It is distributed under the name of another commercial feed; (3) It is not labeled as required in § 44-6-105 ; (4) It purports to be or is represented as a commercial feed, or if it purports to contain or is represented as containing a commercial feed ingredient, unless the commercial feed or feed ingredient conforms to the definition, if any, prescribed by regulation by the commissioner; or (5) Any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use. Acts 1972, ch. 488, § 6; T.C.A., § 44-1123.
A commercial feed shall be deemed to be misbranded if:
(1) Its labeling is false or misleading in any particular;
(2) It is distributed under the name of another commercial feed;
(3) It is not labeled as required in § 44-6-105 ;
(4) It purports to be or is represented as a commercial feed, or if it purports to contain or is represented as containing a commercial feed ingredient, unless the commercial feed or feed ingredient conforms to the definition, if any, prescribed by regulation by the commissioner; or
(5) Any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.
Acts 1972, ch. 488, § 6; T.C.A., § 44-1123.
Tenn. Code Ann. § 44-11-116 — TN Code / Title 44 / Chapter 11 / Section 44-11-116
Injunction
Status: in_force

Whenever it appears to the commissioner that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this chapter or any rule hereunder, the commissioner may, in the commissioner's discretion, bring an action in the chancery court of any county in this state to enjoin the acts or practices and to enforce compliance with this chapter or any rule hereunder. Acts 2010, ch. 717, § 18.
Whenever it appears to the commissioner that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this chapter or any rule hereunder, the commissioner may, in the commissioner's discretion, bring an action in the chancery court of any county in this state to enjoin the acts or practices and to enforce compliance with this chapter or any rule hereunder.
Acts 2010, ch. 717, § 18.
Tenn. Code Ann. § 44-17-119 — TN Code / Title 44 / Chapter 17 / Section 44-17-119
Supplemental provisions
Status: in_force

This part is in addition to and supplementary of title 39, chapter 14, part 2. Acts 1967, ch. 332, § 19; T.C.A., § 44-122; Acts 1996, ch. 675, § 45.
This part is in addition to and supplementary of title 39, chapter 14, part 2.
Acts 1967, ch. 332, § 19; T.C.A., § 44-122; Acts 1996, ch. 675, § 45.
Tenn. Code Ann. § 44-11-109 — TN Code / Title 44 / Chapter 11 / Section 44-11-109
Sale or traffic in livestock on public property near licensed premises unlawful
Status: in_force

It is unlawful to sell, or offer to sell, to buy, or offer to buy, livestock within two thousand (2,000') feet of a licensed livestock market property. Acts 1957, ch. 208, § 6; T.C.A., §44-2309; Acts 2010 , ch. 717, § 16.
It is unlawful to sell, or offer to sell, to buy, or offer to buy, livestock within two thousand (2,000') feet of a licensed livestock market property.
Acts 1957, ch. 208, § 6; T.C.A., §44-2309; Acts 2010 , ch. 717, § 16.
Tenn. Code Ann. § 44-18-102 — TN Code / Title 44 / Chapter 18 / Section 44-18-102
Nuisance action or proceeding against feedlot, dairy farm or poultry production house
Status: in_force

(a) In any nuisance action or proceeding against a feedlot, dairy farm, or poultry production house brought by or on behalf of a person whose date of ownership of realty is subsequent to the established date of operation of the feedlot, dairy farm or poultry production house, proof of compliance with §§ 44-18-103 and 44-18-104 shall be an absolute defense; provided, that the conditions or circumstances alleged to constitute a nuisance are subject to regulatory jurisdiction in accordance with § 44-18-103 or § 44-18-104 . (b) In any nuisance action or proceeding against a feedlot, dairy farm or poultry production house brought by or on behalf of a person whose date of ownership of realty precedes the established date of operation of the feedlot, dairy farm or poultry production house, but whose actual or proposed use of the realty for residential or commercial purposes is subsequent to the established date of operation of the feedlot, dairy farm or poultry production house, proof of compliance with §§ 44-18-103 and 44-18-104 shall be an absolute defense; provided, that the conditions or circumstances alleged to constitute a nuisance are subject to regulatory jurisdiction in accordance with § 44-18-103 or § 44-18-104 . (c) The normal noises and appearance of the animals or fowls, the noises in the operation of the equipment or the appearance of the equipment, the odors normally associated with any feedlot, dairy farm or poultry production house, the appearance of a feedlot, dairy farm or poultry production house, or litter and/or manure additive that is designed to bind soluble phosphorous in conformity with the Tennessee Natural Resources Conservation Service (NRCS) interim conservation practice standard if used by any feedlot, dairy farm or poultry production house, shall not constitute grounds for any nuisance action or proceeding against a feedlot, dairy farm or poultry production house brought by or on behalf of a person whose date of ownership of realty is subsequent to the established date of operation of the feedlot, dairy farm or poultry production house. Acts 1979, ch. 138, § 2; T.C.A., § 53-6702; Acts 2002, ch. 635, §§ 2, 3.
(a) In any nuisance action or proceeding against a feedlot, dairy farm, or poultry production house brought by or on behalf of a person whose date of ownership of realty is subsequent to the established date of operation of the feedlot, dairy farm or poultry production house, proof of compliance with §§ 44-18-103 and 44-18-104 shall be an absolute defense; provided, that the conditions or circumstances alleged to constitute a nuisance are subject to regulatory jurisdiction in accordance with § 44-18-103 or § 44-18-104 .
(b) In any nuisance action or proceeding against a feedlot, dairy farm or poultry production house brought by or on behalf of a person whose date of ownership of realty precedes the established date of operation of the feedlot, dairy farm or poultry production house, but whose actual or proposed use of the realty for residential or commercial purposes is subsequent to the established date of operation of the feedlot, dairy farm or poultry production house, proof of compliance with §§ 44-18-103 and 44-18-104 shall be an absolute defense; provided, that the conditions or circumstances alleged to constitute a nuisance are subject to regulatory jurisdiction in accordance with § 44-18-103 or § 44-18-104 .
(c) The normal noises and appearance of the animals or fowls, the noises in the operation of the equipment or the appearance of the equipment, the odors normally associated with any feedlot, dairy farm or poultry production house, the appearance of a feedlot, dairy farm or poultry production house, or litter and/or manure additive that is designed to bind soluble phosphorous in conformity with the Tennessee Natural Resources Conservation Service (NRCS) interim conservation practice standard if used by any feedlot, dairy farm or poultry production house, shall not constitute grounds for any nuisance action or proceeding against a feedlot, dairy farm or poultry production house brought by or on behalf of a person whose date of ownership of realty is subsequent to the established date of operation of the feedlot, dairy farm or poultry production house.
Acts 1979, ch. 138, § 2; T.C.A., § 53-6702; Acts 2002, ch. 635, §§ 2, 3.
Tenn. Code Ann. § 44-8-101 — TN Code / Title 44 / Chapter 8 / Section 44-8-101
Land in cultivation sufficiently fenced
Status: in_force

Every planter shall make and keep a sufficient fence, of ordinarily sound and substantial material, around the planter's land in cultivation, and so close, for at least two and one-half feet (21/2') from the surface of the earth, as to prevent hogs large enough to do damage from passing through the fence. Code 1858, § 1682 (deriv. Acts 1807, ch. 8, § 1); Acts 1877, ch. 35, §§ 2, 3; Shan., § 2979; Code 1932, § 5202; T.C.A. (orig. ed.), §§ 44-1701, 44-9-101.
Every planter shall make and keep a sufficient fence, of ordinarily sound and substantial material, around the planter's land in cultivation, and so close, for at least two and one-half feet (21/2') from the surface of the earth, as to prevent hogs large enough to do damage from passing through the fence.
Code 1858, § 1682 (deriv. Acts 1807, ch. 8, § 1); Acts 1877, ch. 35, §§ 2, 3; Shan., § 2979; Code 1932, § 5202; T.C.A. (orig. ed.), §§ 44-1701, 44-9-101.
Tenn. Code Ann. § 44-15-108 — TN Code / Title 44 / Chapter 15 / Section 44-15-108
Sale or movement of bees
Status: in_force

(a) No bees may be sold, offered for sale, moved, or transported, shipped or delivered within the state, unless they have been inspected by an appropriate official of the state and certified to be apparently free of infectious or contagious regulated bee diseases and pests in accordance with rules and regulations promulgated under this chapter. (b) All persons desiring to move bees, hives, slumgums, used beekeeping equipment or appliances into the state must apply to the department for a permit. The application shall be accompanied by a certificate of health certifying that all bees, hives, slumgums, used beekeeping equipment or appliances have been inspected by an authorized official within thirty (30) days prior to transportation into Tennessee, and that the bees, hives, slumgums, used beekeeping equipment or appliances were found apparently free from any regulated diseases or pest. Acts 1995, ch. 402, § 9; T.C.A. § 44-15-208.
(a) No bees may be sold, offered for sale, moved, or transported, shipped or delivered within the state, unless they have been inspected by an appropriate official of the state and certified to be apparently free of infectious or contagious regulated bee diseases and pests in accordance with rules and regulations promulgated under this chapter.
(b) All persons desiring to move bees, hives, slumgums, used beekeeping equipment or appliances into the state must apply to the department for a permit. The application shall be accompanied by a certificate of health certifying that all bees, hives, slumgums, used beekeeping equipment or appliances have been inspected by an authorized official within thirty (30) days prior to transportation into Tennessee, and that the bees, hives, slumgums, used beekeeping equipment or appliances were found apparently free from any regulated diseases or pest.
Acts 1995, ch. 402, § 9; T.C.A. § 44-15-208.
Tenn. Code Ann. § 44-8-304 — TN Code / Title 44 / Chapter 8 / Section 44-8-304
Agreement if registered is binding on purchaser, his heirs and assigns
Status: in_force

(a) The agreement may be acknowledged and registered in the county or counties in which the lands and any part of the lands are situated. (b) In case of registration, the agreement shall be binding upon any purchaser of any of the lands embraced in the common enclosure, and the purchaser's heirs and assigns, in the same manner and to the same extent as if the purchaser had been an original party to the agreement. Acts 1897, ch. 48, § 4; Shan., § 3001a4; Code 1932, § 5219; T.C.A. (orig. ed.), §§ 44-1718, 44-9-304.
(a) The agreement may be acknowledged and registered in the county or counties in which the lands and any part of the lands are situated.
(b) In case of registration, the agreement shall be binding upon any purchaser of any of the lands embraced in the common enclosure, and the purchaser's heirs and assigns, in the same manner and to the same extent as if the purchaser had been an original party to the agreement.
Acts 1897, ch. 48, § 4; Shan., § 3001a4; Code 1932, § 5219; T.C.A. (orig. ed.), §§ 44-1718, 44-9-304.
Tenn. Code Ann. § 44-8-111 — TN Code / Title 44 / Chapter 8 / Section 44-8-111
Stock liable to execution
Status: in_force

(a) To secure the payment of such damage and costs, executions may be levied upon the stock committing the trespass. (b) After ten (10) days' notice, the stock may be sold to pay such amount of damages and costs. Acts 1875, ch. 110, § 3; Shan., § 2990; Code 1932, § 5212; T.C.A. (orig. ed.), §§ 44-1711, 44-9-111.
(a) To secure the payment of such damage and costs, executions may be levied upon the stock committing the trespass.
(b) After ten (10) days' notice, the stock may be sold to pay such amount of damages and costs.
Acts 1875, ch. 110, § 3; Shan., § 2990; Code 1932, § 5212; T.C.A. (orig. ed.), §§ 44-1711, 44-9-111.
Tenn. Code Ann. § 44-16-201 — TN Code / Title 44 / Chapter 16 / Section 44-16-201
License required
Status: in_force

Every person engaging in the business of custom hatching, producing baby chicks for sale or selling or offering baby chicks for sale either individually or by or through community sale, public pavilions or public auction shall obtain a license from the department for each establishment at which such business is conducted. Acts 1945, ch. 176, § 2; C. Supp. 1950, § 547.16 (Williams, § 525.2); T.C.A. (orig. ed.), § 44-1805.
Every person engaging in the business of custom hatching, producing baby chicks for sale or selling or offering baby chicks for sale either individually or by or through community sale, public pavilions or public auction shall obtain a license from the department for each establishment at which such business is conducted.
Acts 1945, ch. 176, § 2; C. Supp. 1950, § 547.16 (Williams, § 525.2); T.C.A. (orig. ed.), § 44-1805.
Tenn. Code Ann. § 44-7-207 — TN Code / Title 44 / Chapter 7 / Section 44-7-207
Rules and regulations promulgated by commissioner
Status: in_force

The commissioner has the authority to promulgate such rules and regulations as are reasonably necessary to carry out the intent and purpose of this part so as to facilitate the tracing and identification of cattle, hogs, sheep, goats, horses, and other animals, and afford protection against stealing and unlawful dealing in cattle, hogs, sheep, goats, horses, and other animals. Acts 1959, ch. 311, § 7; 1970, ch. 374, § 1; T.C.A., § 44-1216.
The commissioner has the authority to promulgate such rules and regulations as are reasonably necessary to carry out the intent and purpose of this part so as to facilitate the tracing and identification of cattle, hogs, sheep, goats, horses, and other animals, and afford protection against stealing and unlawful dealing in cattle, hogs, sheep, goats, horses, and other animals.
Acts 1959, ch. 311, § 7; 1970, ch. 374, § 1; T.C.A., § 44-1216.
Tenn. Code Ann. § 44-8-204 — TN Code / Title 44 / Chapter 8 / Section 44-8-204
Pay for fence
Status: in_force

If the parties cannot agree as to the amount to be paid to the owner erecting or repairing a partition fence as provided in §§ 44-8-202 and 44-8-206 , on application by either to a judge of the court of general sessions, the judge shall issue an order to three (3) disinterested freeholders, not related to either of the parties, to examine such fence, and to ascertain the amount to be paid to the owner erecting or repairing it. Code 1858, § 1688; Shan., § 3002; mod. Code 1932, § 5221; T.C.A. (orig. ed.), § 44-1720; impl. am. Acts 1979, ch. 68, § 2; T.C.A., § 44-9-204.
If the parties cannot agree as to the amount to be paid to the owner erecting or repairing a partition fence as provided in §§ 44-8-202 and 44-8-206 , on application by either to a judge of the court of general sessions, the judge shall issue an order to three (3) disinterested freeholders, not related to either of the parties, to examine such fence, and to ascertain the amount to be paid to the owner erecting or repairing it.
Code 1858, § 1688; Shan., § 3002; mod. Code 1932, § 5221; T.C.A. (orig. ed.), § 44-1720; impl. am. Acts 1979, ch. 68, § 2; T.C.A., § 44-9-204.
Tenn. Code Ann. § 44-10-207 — TN Code / Title 44 / Chapter 10 / Section 44-10-207
Exemptions from law
Status: in_force

This part shall not apply to any livestock producer who may occasionally buy or sell livestock in connection with that person's farming operations. Acts 1973, ch. 112, § 7; T.C.A., § 44-1916; Acts 2010, ch. 717, § 5.
This part shall not apply to any livestock producer who may occasionally buy or sell livestock in connection with that person's farming operations.
Acts 1973, ch. 112, § 7; T.C.A., § 44-1916; Acts 2010, ch. 717, § 5.
Tenn. Code Ann. § 44-2-401 — TN Code / Title 44 / Chapter 2 / Section 44-2-401
Title
Status: in_force

This part shall be known and may be cited as the "Tennessee Garbage Feeding Law." Acts 1953, ch. 94, § 1 (Williams, § 5066.18); modified; T.C.A. (orig. ed.), §§ 44-1001, 44-5-101.
This part shall be known and may be cited as the "Tennessee Garbage Feeding Law."
Acts 1953, ch. 94, § 1 (Williams, § 5066.18); modified; T.C.A. (orig. ed.), §§ 44-1001, 44-5-101.
Tenn. Code Ann. § 44-7-109 — TN Code / Title 44 / Chapter 7 / Section 44-7-109
Inspection of record - Clerk's fee for recording
Status: in_force

The county clerk shall allow all citizens of the county to inspect, without charge, the book in which the marks and brands are recorded; and is entitled to fifty cents (50¢) for each record of a mark or brand. Code 1858, § 1662; Shan., § 2848; Code 1932, § 5075; impl. am. Acts 1951, ch. 166, § 1; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 44-1209.
The county clerk shall allow all citizens of the county to inspect, without charge, the book in which the marks and brands are recorded; and is entitled to fifty cents (50¢) for each record of a mark or brand.
Code 1858, § 1662; Shan., § 2848; Code 1932, § 5075; impl. am. Acts 1951, ch. 166, § 1; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 44-1209.
Tenn. Code Ann. § 44-17-102 — TN Code / Title 44 / Chapter 17 / Section 44-17-102
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Cat" means any live cat of the species Felis catus; (2) "Commerce" means buying or selling or transporting from one (1) place to another in this state; (3) "Commissioner" means the commissioner of agriculture; (4) (A) "Dealer" means any person who, for compensation or profit, buys, sells, transports (except as a common carrier), delivers for transportation, or boards dogs or cats for research purposes, or any person who buys or sells twenty-five (25) or more dogs or cats in any one (1) calendar year for resale within the state or for transportation out of the state; (B) "Dealer" also means any person who, for compensation or profit, buys from or sells to a private person at a flea market any dog or cat; (5) "Dog" means any live dog of the species Canis familiaris; (6) "Flea market" means any assemblage of twenty (20) or more persons gathered together at regular or irregular intervals, whether in open air or under cover, for the purpose of buying, selling, or trading merchandise to and from the general public, when this buying, selling, or trading is outside of the regular business or occupation of the majority of persons so gathered, and when the majority of the persons so gathered do not pay a business privilege tax for their activities at the flea market; (7) "Person" means any individual, firm, corporation, partnership, association, or other legal entity; and (8) "Research facility" means any school, hospital, laboratory, institution, organization or person that uses or intends to use dogs or cats in research, tests, or experiments and that purchases or transports dogs or cats in commerce. Acts 1967, ch. 332, § 2; 1978, ch. 640, §§ 1, 2; T.C.A., § 44-105.
As used in this part, unless the context otherwise requires:
(1) "Cat" means any live cat of the species Felis catus;
(2) "Commerce" means buying or selling or transporting from one (1) place to another in this state;
(3) "Commissioner" means the commissioner of agriculture;
(4) (A) "Dealer" means any person who, for compensation or profit, buys, sells, transports (except as a common carrier), delivers for transportation, or boards dogs or cats for research purposes, or any person who buys or sells twenty-five (25) or more dogs or cats in any one (1) calendar year for resale within the state or for transportation out of the state; (B) "Dealer" also means any person who, for compensation or profit, buys from or sells to a private person at a flea market any dog or cat;
(A) "Dealer" means any person who, for compensation or profit, buys, sells, transports (except as a common carrier), delivers for transportation, or boards dogs or cats for research purposes, or any person who buys or sells twenty-five (25) or more dogs or cats in any one (1) calendar year for resale within the state or for transportation out of the state;
(B) "Dealer" also means any person who, for compensation or profit, buys from or sells to a private person at a flea market any dog or cat;
(5) "Dog" means any live dog of the species Canis familiaris;
(6) "Flea market" means any assemblage of twenty (20) or more persons gathered together at regular or irregular intervals, whether in open air or under cover, for the purpose of buying, selling, or trading merchandise to and from the general public, when this buying, selling, or trading is outside of the regular business or occupation of the majority of persons so gathered, and when the majority of the persons so gathered do not pay a business privilege tax for their activities at the flea market;
(7) "Person" means any individual, firm, corporation, partnership, association, or other legal entity; and
(8) "Research facility" means any school, hospital, laboratory, institution, organization or person that uses or intends to use dogs or cats in research, tests, or experiments and that purchases or transports dogs or cats in commerce.
Acts 1967, ch. 332, § 2; 1978, ch. 640, §§ 1, 2; T.C.A., § 44-105.
Tenn. Code Ann. § 44-7-103 — TN Code / Title 44 / Chapter 7 / Section 44-7-103
Priority of marks and brands
Status: in_force

When a dispute occurs in regard to a brand or mark, the person first recording the same is entitled thereto. Code 1858, § 1656; Shan., § 2842; Code 1932, § 5069; T.C.A. (orig. ed.), § 44-1203.
When a dispute occurs in regard to a brand or mark, the person first recording the same is entitled thereto.
Code 1858, § 1656; Shan., § 2842; Code 1932, § 5069; T.C.A. (orig. ed.), § 44-1203.
Tenn. Code Ann. § 44-15-103 — TN Code / Title 44 / Chapter 15 / Section 44-15-103
State apiarist
Status: in_force

(a) (1) The commissioner shall appoint a state apiarist, subject to any applicable rules or qualifications established by the department of human resources. The state apiarist is responsible for the apiary work of the department of agriculture and, with the necessary assistants, is charged with the duty of enforcing this chapter. The person designated as state apiarist shall have, as a minimum, a college degree in one (1) of the biological sciences and a minimum of five (5) years apiary experience. (2) The state apiarist is responsible for developing, implementing, and administering the apiary program needed to satisfy the objectives and provisions of this chapter, and shall have the duty of enforcing those rules and regulations promulgated pursuant to this chapter. (b) The commissioner may appoint, in accordance with any applicable personnel rules and regulations, such assistants, apiary inspectors, and other employees as may be required, and to prescribe their duties; to delegate to apiary 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 chapter. (c) The state apiarist and the apiary inspectors may provide educational literature and may conduct training programs for beekeeping on topics related to prevention, detection, and control of bee diseases and pests and other topics that will help beekeepers maintain needed populations of honeybees. The literature and training programs may be developed and conducted in cooperation with the extension apiculturist at the University of Tennessee. (d) The state apiarist and all apiary inspectors may own colonies of bees and engage in beekeeping activities on their own time, and their beekeeping activities will be subject to the same rules and regulations as applied to all other beekeepers. The department shall not prohibit such activities but may develop guidelines to avoid interference with work responsibilities and to prevent conflicts of interest. Acts 1995, ch. 402, § 4; T.C.A. § 44-15-203.
(a) (1) The commissioner shall appoint a state apiarist, subject to any applicable rules or qualifications established by the department of human resources. The state apiarist is responsible for the apiary work of the department of agriculture and, with the necessary assistants, is charged with the duty of enforcing this chapter. The person designated as state apiarist shall have, as a minimum, a college degree in one (1) of the biological sciences and a minimum of five (5) years apiary experience. (2) The state apiarist is responsible for developing, implementing, and administering the apiary program needed to satisfy the objectives and provisions of this chapter, and shall have the duty of enforcing those rules and regulations promulgated pursuant to this chapter.
(1) The commissioner shall appoint a state apiarist, subject to any applicable rules or qualifications established by the department of human resources. The state apiarist is responsible for the apiary work of the department of agriculture and, with the necessary assistants, is charged with the duty of enforcing this chapter. The person designated as state apiarist shall have, as a minimum, a college degree in one (1) of the biological sciences and a minimum of five (5) years apiary experience.
(2) The state apiarist is responsible for developing, implementing, and administering the apiary program needed to satisfy the objectives and provisions of this chapter, and shall have the duty of enforcing those rules and regulations promulgated pursuant to this chapter.
(b) The commissioner may appoint, in accordance with any applicable personnel rules and regulations, such assistants, apiary inspectors, and other employees as may be required, and to prescribe their duties; to delegate to apiary 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 chapter.
(c) The state apiarist and the apiary inspectors may provide educational literature and may conduct training programs for beekeeping on topics related to prevention, detection, and control of bee diseases and pests and other topics that will help beekeepers maintain needed populations of honeybees. The literature and training programs may be developed and conducted in cooperation with the extension apiculturist at the University of Tennessee.
(d) The state apiarist and all apiary inspectors may own colonies of bees and engage in beekeeping activities on their own time, and their beekeeping activities will be subject to the same rules and regulations as applied to all other beekeepers. The department shall not prohibit such activities but may develop guidelines to avoid interference with work responsibilities and to prevent conflicts of interest.
Acts 1995, ch. 402, § 4; T.C.A. § 44-15-203.
Tenn. Code Ann. § 44-10-205 — TN Code / Title 44 / Chapter 10 / Section 44-10-205
License revocation or suspension - Hearing - Review
Status: in_force

(a) In the event the commissioner has reason to believe a licensee has violated any of the provisions of this part, including the rules and regulations promulgated under this part, the commissioner shall conduct a hearing, pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, to determine if the license shall be suspended or revoked. (b) The commissioner has the power to subpoena any persons or record incident to the hearing, and a charge of contumacy may be filed for those who refuse to comply; and the commissioner may administer oaths to those giving evidence. A court reporter shall be in attendance. (c) Following the hearing, the commissioner may: (1) Permanently revoke the license; (2) Temporarily revoke the license; or (3) Suspend the license for a definite period of time. (d) The action of the commissioner may be reviewed by common law writ of certiorari to the chancery or circuit court of the county of the licensee who is the subject of the commissioner's action, and the petition shall be filed within ten (10) days from the date of the commissioner's order. 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 chancery court of Davidson County. (e) The decision of the commissioner shall remain final until modified by the commissioner or by the courts. Acts 1973, ch. 112, § 5; T.C.A., § 44-1914; Acts 2010, ch. 717, § 3.
(a) In the event the commissioner has reason to believe a licensee has violated any of the provisions of this part, including the rules and regulations promulgated under this part, the commissioner shall conduct a hearing, pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, to determine if the license shall be suspended or revoked.
(b) The commissioner has the power to subpoena any persons or record incident to the hearing, and a charge of contumacy may be filed for those who refuse to comply; and the commissioner may administer oaths to those giving evidence. A court reporter shall be in attendance.
(c) Following the hearing, the commissioner may: (1) Permanently revoke the license; (2) Temporarily revoke the license; or (3) Suspend the license for a definite period of time.
(1) Permanently revoke the license;
(2) Temporarily revoke the license; or
(3) Suspend the license for a definite period of time.
(d) The action of the commissioner may be reviewed by common law writ of certiorari to the chancery or circuit court of the county of the licensee who is the subject of the commissioner's action, and the petition shall be filed within ten (10) days from the date of the commissioner's order. 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 chancery court of Davidson County.
(e) The decision of the commissioner shall remain final until modified by the commissioner or by the courts.
Acts 1973, ch. 112, § 5; T.C.A., § 44-1914; Acts 2010, ch. 717, § 3.
Tenn. Code Ann. § 44-17-108 — TN Code / Title 44 / Chapter 17 / Section 44-17-108
Semi-annual reports to commissioner
Status: in_force

Each dealer shall file, on forms and at such times as prescribed by the commissioner, semi-annual reports containing the following information: (1) The number of dogs or cats in the possession of the dealer on the date the report is filed; (2) The number of dogs and cats purchased during the reporting period and the names and addresses of the persons from whom they were purchased; (3) The number of dogs and cats sold during the reporting period and the names and addresses of the persons to whom they were sold; and (4) The number of dogs and cats received by the dealer during the reporting period under circumstances other than purchase and the names and addresses of the persons from whom they were obtained. Acts 1967, ch. 332, § 8; T.C.A., § 44-111.
Each dealer shall file, on forms and at such times as prescribed by the commissioner, semi-annual reports containing the following information:
(1) The number of dogs or cats in the possession of the dealer on the date the report is filed;
(2) The number of dogs and cats purchased during the reporting period and the names and addresses of the persons from whom they were purchased;
(3) The number of dogs and cats sold during the reporting period and the names and addresses of the persons to whom they were sold; and
(4) The number of dogs and cats received by the dealer during the reporting period under circumstances other than purchase and the names and addresses of the persons from whom they were obtained.
Acts 1967, ch. 332, § 8; T.C.A., § 44-111.
Tenn. Code Ann. § 44-8-103 — TN Code / Title 44 / Chapter 8 / Section 44-8-103
Horses, cattle, and mules sufficiently fenced
Status: in_force

The following shall be sufficient and be deemed a lawful fence only as to horses, cattle, and mules: any enclosure made by stretching not less than five (5) strands of barbed wire tightly between posts firmly set in the ground, or between growing trees and posts firmly set in the ground, not more than twenty feet (20') apart; the topmost wire not less than four and one-half feet (41/2') from the ground, the bottom wire not less than six inches (6"), and the next to the bottom wire not less than fifteen inches (15") from the ground. Acts 1883, ch. 46, § 1; Shan., § 2981; Code 1932, § 5204; T.C.A. (orig. ed.), §§ 44-1703, 44-9-103.
The following shall be sufficient and be deemed a lawful fence only as to horses, cattle, and mules: any enclosure made by stretching not less than five (5) strands of barbed wire tightly between posts firmly set in the ground, or between growing trees and posts firmly set in the ground, not more than twenty feet (20') apart; the topmost wire not less than four and one-half feet (41/2') from the ground, the bottom wire not less than six inches (6"), and the next to the bottom wire not less than fifteen inches (15") from the ground.
Acts 1883, ch. 46, § 1; Shan., § 2981; Code 1932, § 5204; T.C.A. (orig. ed.), §§ 44-1703, 44-9-103.
Tenn. Code Ann. § 44-16-202 — TN Code / Title 44 / Chapter 16 / Section 44-16-202
[Repealed]
Status: repealed

Repealed by 2015 Tenn. Acts, ch. 485, s 23, eff. 7/1/2015.
Tenn. Code Ann. § 44-15-109 — TN Code / Title 44 / Chapter 15 / Section 44-15-109
Duty to report disease or pest - Authority to inspect
Status: in_force

(a) If a beekeeper knows that a colony of bees has a regulated bee disease or pest, the beekeeper shall immediately report to a state apiary inspector all facts known about the bee's disease or bee's pests. (b) If any apiary inspector has substantial reason to believe that a feral colony of bees may be harboring any regulated bee disease or pest, the inspector has the authority to enter onto any property, public or private, to locate and examine that feral colony of bees. The examination of a feral colony and any subsequent regulatory activity must be conducted in accordance with rules established by the department. Acts 1995, ch. 402, § 10; T.C.A. § 44-15-209.
(a) If a beekeeper knows that a colony of bees has a regulated bee disease or pest, the beekeeper shall immediately report to a state apiary inspector all facts known about the bee's disease or bee's pests.
(b) If any apiary inspector has substantial reason to believe that a feral colony of bees may be harboring any regulated bee disease or pest, the inspector has the authority to enter onto any property, public or private, to locate and examine that feral colony of bees. The examination of a feral colony and any subsequent regulatory activity must be conducted in accordance with rules established by the department.
Acts 1995, ch. 402, § 10; T.C.A. § 44-15-209.
Tenn. Code Ann. § 44-16-104 — TN Code / Title 44 / Chapter 16 / Section 44-16-104
Inspection fees paid into state treasury for expenses - Surplus for poultry education and investigation
Status: in_force

The revenue derived from the inspection fees authorized in § 44-16-101 shall be paid into the state treasury by the commissioner and placed to the credit of a special poultry inspection account, which may be drawn on by the department of agriculture to meet the expenses of the service provided for in this part, and if there should be a surplus remaining, it may be expended by the commissioner for poultry educational and investigational purposes. Acts 1925, ch. 138, § 4; Shan. Supp., § 373a80; Code 1932, § 303; T.C.A. (orig. ed.), § 44-1804.
The revenue derived from the inspection fees authorized in § 44-16-101 shall be paid into the state treasury by the commissioner and placed to the credit of a special poultry inspection account, which may be drawn on by the department of agriculture to meet the expenses of the service provided for in this part, and if there should be a surplus remaining, it may be expended by the commissioner for poultry educational and investigational purposes.
Acts 1925, ch. 138, § 4; Shan. Supp., § 373a80; Code 1932, § 303; T.C.A. (orig. ed.), § 44-1804.
Tenn. Code Ann. § 44-19-102 — TN Code / Title 44 / Chapter 19 / Section 44-19-102
Legislative declaration
Status: in_force

It is declared that the general assembly finds that it is in the interest of the public welfare that Tennessee farmers who are producers of milk and milk products be permitted and encouraged to act jointly and in cooperation with other producers, handlers, dealers and processors of milk products in promoting and stimulating, by advertising, research, nutrition education and other methods, the increased consumption, use and sale of all domestic milk and milk products without identification by brand or trade name. Acts 1984, ch. 948, § 2.
It is declared that the general assembly finds that it is in the interest of the public welfare that Tennessee farmers who are producers of milk and milk products be permitted and encouraged to act jointly and in cooperation with other producers, handlers, dealers and processors of milk products in promoting and stimulating, by advertising, research, nutrition education and other methods, the increased consumption, use and sale of all domestic milk and milk products without identification by brand or trade name.
Acts 1984, ch. 948, § 2.
Tenn. Code Ann. § 44-14-108 — TN Code / Title 44 / Chapter 14 / Section 44-14-108
Bylaws
Status: in_force

(a) Each association incorporated under this chapter must, within thirty (30) days after its incorporation, adopt for its government and management, a code of bylaws not inconsistent with the powers granted under this chapter. A majority vote of the members, or their written assent, is necessary to adopt bylaws. (b) Each association, under its bylaws, may provide for any or all of the following matters: (1) The number of members constituting a quorum; (2) The right of members to vote by proxy or by mail, or both; and the conditions, manner, form and effects of such votes; (3) The number of directors constituting a quorum; (4) The qualifications, compensation, duties, term of office of directors and officers; the time of their election and mode and manner of giving notice thereof; (5) Penalties for violations of the bylaws; (6) The amount of entrance, organization and membership fees, if any; the manner and method of collection of the same; and the purpose for which they may be used; (7) The amount that each member shall be required to pay annually or from time to time, if at all, to carry on the business of the association; the charge, if any, to be paid by each member for service rendered by the association to that member and the time of payment and manner of collection; and (8) The number and qualification of members of the association and the conditions precedent to membership; the method, time, and manner of permitting members to withdraw; the manner of assignment and transfer of the interest of members; the conditions upon which and the time when the membership of any member shall cease; the automatic suspension of the rights of a member when the member ceases to be eligible to membership in the association; the mode, manner and effect of the expulsion of a member; the manner of determining the value of a member's interest and provision for its purchase by the association upon the death or withdrawal of the member, or upon the expulsion of a member for forfeiture of membership, or, at the option of the association, the purchase of the member's interest at a price fixed by conclusive appraisal of the board of directors. In case of the withdrawal or expulsion of a member, the board of directors shall equitably and conclusively appraise the member's property and property interests in the association and fix the amount of the property and property interests in money, which shall be paid to the member within one (1) year after expulsion. Acts 1939, ch. 184, § 8; C. Supp. 1950, § 3830.9 (Williams, §3830.10); T.C.A. (orig. ed.), § 44-2108.
(a) Each association incorporated under this chapter must, within thirty (30) days after its incorporation, adopt for its government and management, a code of bylaws not inconsistent with the powers granted under this chapter. A majority vote of the members, or their written assent, is necessary to adopt bylaws.
(b) Each association, under its bylaws, may provide for any or all of the following matters: (1) The number of members constituting a quorum; (2) The right of members to vote by proxy or by mail, or both; and the conditions, manner, form and effects of such votes; (3) The number of directors constituting a quorum; (4) The qualifications, compensation, duties, term of office of directors and officers; the time of their election and mode and manner of giving notice thereof; (5) Penalties for violations of the bylaws; (6) The amount of entrance, organization and membership fees, if any; the manner and method of collection of the same; and the purpose for which they may be used; (7) The amount that each member shall be required to pay annually or from time to time, if at all, to carry on the business of the association; the charge, if any, to be paid by each member for service rendered by the association to that member and the time of payment and manner of collection; and (8) The number and qualification of members of the association and the conditions precedent to membership; the method, time, and manner of permitting members to withdraw; the manner of assignment and transfer of the interest of members; the conditions upon which and the time when the membership of any member shall cease; the automatic suspension of the rights of a member when the member ceases to be eligible to membership in the association; the mode, manner and effect of the expulsion of a member; the manner of determining the value of a member's interest and provision for its purchase by the association upon the death or withdrawal of the member, or upon the expulsion of a member for forfeiture of membership, or, at the option of the association, the purchase of the member's interest at a price fixed by conclusive appraisal of the board of directors. In case of the withdrawal or expulsion of a member, the board of directors shall equitably and conclusively appraise the member's property and property interests in the association and fix the amount of the property and property interests in money, which shall be paid to the member within one (1) year after expulsion.
(1) The number of members constituting a quorum;
(2) The right of members to vote by proxy or by mail, or both; and the conditions, manner, form and effects of such votes;
(3) The number of directors constituting a quorum;
(4) The qualifications, compensation, duties, term of office of directors and officers; the time of their election and mode and manner of giving notice thereof;
(5) Penalties for violations of the bylaws;
(6) The amount of entrance, organization and membership fees, if any; the manner and method of collection of the same; and the purpose for which they may be used;
(7) The amount that each member shall be required to pay annually or from time to time, if at all, to carry on the business of the association; the charge, if any, to be paid by each member for service rendered by the association to that member and the time of payment and manner of collection; and
(8) The number and qualification of members of the association and the conditions precedent to membership; the method, time, and manner of permitting members to withdraw; the manner of assignment and transfer of the interest of members; the conditions upon which and the time when the membership of any member shall cease; the automatic suspension of the rights of a member when the member ceases to be eligible to membership in the association; the mode, manner and effect of the expulsion of a member; the manner of determining the value of a member's interest and provision for its purchase by the association upon the death or withdrawal of the member, or upon the expulsion of a member for forfeiture of membership, or, at the option of the association, the purchase of the member's interest at a price fixed by conclusive appraisal of the board of directors. In case of the withdrawal or expulsion of a member, the board of directors shall equitably and conclusively appraise the member's property and property interests in the association and fix the amount of the property and property interests in money, which shall be paid to the member within one (1) year after expulsion.
Acts 1939, ch. 184, § 8; C. Supp. 1950, § 3830.9 (Williams, §3830.10); T.C.A. (orig. ed.), § 44-2108.
Tenn. Code Ann. § 44-2-408 — TN Code / Title 44 / Chapter 2 / Section 44-2-408
Enjoining violations of law
Status: in_force

The commissioner, upon determining that any person may have violated any provision of this part, may petition for injunctive relief from further violation. The petition shall be addressed to the chancery court in the county in which the offense occurred 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. 17, § 2; T.C.A., §§ 44-1008, 44-5-108.
The commissioner, upon determining that any person may have violated any provision of this part, may petition for injunctive relief from further violation. The petition shall be addressed to the chancery court in the county in which the offense occurred 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. 17, § 2; T.C.A., §§ 44-1008, 44-5-108.
Tenn. Code Ann. § 44-8-403 — TN Code / Title 44 / Chapter 8 / Section 44-8-403
[Repealed]
Status: repealed

Repealed by 2015 Tenn. Acts, ch. 73, s 1, eff. 4/6/2015. Code 1858, § 1663 (deriv. Acts 1803, ch. 20, §§ 1, 4); Shan., § 2849; mod. Code 1932, § 5078; T.C.A. (orig. ed.), §§ 44-1403, 44-8-103.
Repealed by 2015 Tenn. Acts, ch. 73, s 1, eff. 4/6/2015.
Code 1858, § 1663 (deriv. Acts 1803, ch. 20, §§ 1, 4); Shan., § 2849; mod. Code 1932, § 5078; T.C.A. (orig. ed.), §§ 44-1403, 44-8-103.
Tenn. Code Ann. § 44-10-206 — TN Code / Title 44 / Chapter 10 / Section 44-10-206
Prohibited acts
Status: in_force

The following actions are prohibited: (1) Any person acting as a livestock dealer without a valid license issued by the commissioner; (2) Failure to maintain records as required by the commissioner, including the names and addresses of sellers and buyers of livestock; (3) Failure to provide access to all records required of such licensee by the commissioner; (4) Buying or selling livestock under an assumed name or address. All livestock sales shall be evidenced by a written bona fide name and address of buyer and seller; (5) Violation of any valid rule, regulation or statute governing livestock disease control; (6) Failure to make payment to a buyer or seller, or making such payment with insufficient funds; and (7) Failure to keep current bond requirements pursuant to 9 C.F.R. § 201, et seq. Acts 1973, ch. 112, § 6; T.C.A., § 44-1915; Acts 2010 , ch. 717, § 4.
The following actions are prohibited:
(1) Any person acting as a livestock dealer without a valid license issued by the commissioner;
(2) Failure to maintain records as required by the commissioner, including the names and addresses of sellers and buyers of livestock;
(3) Failure to provide access to all records required of such licensee by the commissioner;
(4) Buying or selling livestock under an assumed name or address. All livestock sales shall be evidenced by a written bona fide name and address of buyer and seller;
(5) Violation of any valid rule, regulation or statute governing livestock disease control;
(6) Failure to make payment to a buyer or seller, or making such payment with insufficient funds; and
(7) Failure to keep current bond requirements pursuant to 9 C.F.R. § 201, et seq.
Acts 1973, ch. 112, § 6; T.C.A., § 44-1915; Acts 2010 , ch. 717, § 4.
Tenn. Code Ann. § 44-15-112 — TN Code / Title 44 / Chapter 15 / Section 44-15-112
Used beekeeping equipment
Status: in_force

No person shall sell or give to any other person any used beekeeping equipment until the equipment has been sanitized by a method approved by the state apiarist. This requirement will not apply to equipment that is occupied by live bees. Acts 1995, ch. 402, § 13; T.C.A. § 44-15-212.
No person shall sell or give to any other person any used beekeeping equipment until the equipment has been sanitized by a method approved by the state apiarist. This requirement will not apply to equipment that is occupied by live bees.
Acts 1995, ch. 402, § 13; T.C.A. § 44-15-212.
Tenn. Code Ann. § 44-6-103 — TN Code / Title 44 / Chapter 6 / Section 44-6-103
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Brand name" means any word, name, symbol, or device, or any combination thereof, identifying the commercial feed of a distributor or registrant and distinguishing it from that of others; (2) "Commercial feed" means all materials except unmixed seed, whole and unprocessed, when not adulterated within the meaning of this chapter, that are offered for sale as feed or mixing for feed; provided, that the commissioner by regulation may exempt from this definition, or from specific provisions of this chapter, commodities such as hay, straw, stover, silage, cobs, husks, hulls, hemp, as defined in § 43-27-101 , and individual compounds or substances, when those commodities, compounds, or substances are not intermixed or mixed with other materials and, except for hemp, are not adulterated within the meaning of this chapter; (3) "Commercial feed facility" or "licensed commercial feed facility" means a facility that manufactures or distributes commercial feed in this state and that is subject to licensure pursuant to this chapter; (4) "Commissioner" means the commissioner of agriculture, or the commissioner's authorized agent; (5) "Contract feeder" means a person who, as an independent contractor, feeds commercial feed to animals pursuant to a contract, whereby the commercial feed is supplied, furnished, or otherwise provided to the person and whereby the person's remuneration is determined all or in part by feed, consumption, mortality, profits, or amount or quality of product; (6) "Customer-formula feed" means commercial feed that consists of a mixture of two (2) or more commercial feeds or a mixture of one (1) or more commercial feeds and one (1) or more feed ingredients or a mixture of two (2) or more feed ingredients, each batch of which is manufactured according to the specific instructions of the final purchaser; (7) "Distribute" means to offer for sale, sell, exchange, or barter commercial feed or customer-formula feed; (8) "Distributor" means any person who distributes; (9) "Drug" means any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than humans, and articles other than feed intended to affect the structure or function of any part of the animal body; (10) "Feed ingredient" means each of the constituent materials making up a commercial feed; (11) [Deleted by 2019 amendment.] (12) "Label" means a display of written, printed, or graphic matter upon or affixed to the container in which a commercial feed is distributed, or on the invoice or delivery slip with which a commercial feed is distributed; (13) "Labeling" means all labels and other written, printed, or graphic matter: (A) Upon commercial feed or any of its containers or wrapper; or (B) Accompanying commercial feed; (14) "Manufacture" means to grind, mix or blend, or further process a commercial feed for distribution; (15) "Mineral feed" means a commercial feed intended to supply primarily mineral elements or inorganic nutrients; (16) "Official sample" means a sample of feed taken by the commissioner or the commissioner's agent in accordance with § 44-6-111(c), (e) or (f) ; (17) "Percent" or "percentage" means percentage by weight; (18) "Person" includes individual, partnership, corporation, association, or other legal entity; (19) "Pet" means any domesticated animal normally maintained in or near the household of its owner; (20) "Pet food" means any commercial feed prepared and distributed for consumption by pets; (21) "Product name" means the name of the commercial feed that identifies it as to kind, class, or specific use; (22) "Quantity statement" means the net weight (mass), net volume (liquid or dry) or count; (23) "Specialty pet" means any domesticated animal pet normally maintained in a cage or tank, such as, but not limited to, gerbils, hamsters, canaries, psittacines, birds, mynahs, finches, tropical fish, goldfish, snakes and turtles; (24) "Specialty pet food" means any commercial feed prepared and distributed for consumption by specialty pets; and (25) "Ton" means a net weight of two thousand pounds (2,000 lbs.) avoirdupois. Amended by 2019 Tenn. Acts, ch. 87, Secs.s 9, s 10eff. 4/4/2019. Amended by 2018 Tenn. Acts, ch. 673, s 1, Sec.s 2eff. 4/12/2018. Acts 1972, ch. 488, § 3; T.C.A., §44-1120; Acts 1997 , ch. 55, §§ 1, 9- 11.
As used in this chapter, unless the context otherwise requires:
(1) "Brand name" means any word, name, symbol, or device, or any combination thereof, identifying the commercial feed of a distributor or registrant and distinguishing it from that of others;
(2) "Commercial feed" means all materials except unmixed seed, whole and unprocessed, when not adulterated within the meaning of this chapter, that are offered for sale as feed or mixing for feed; provided, that the commissioner by regulation may exempt from this definition, or from specific provisions of this chapter, commodities such as hay, straw, stover, silage, cobs, husks, hulls, hemp, as defined in § 43-27-101 , and individual compounds or substances, when those commodities, compounds, or substances are not intermixed or mixed with other materials and, except for hemp, are not adulterated within the meaning of this chapter;
(3) "Commercial feed facility" or "licensed commercial feed facility" means a facility that manufactures or distributes commercial feed in this state and that is subject to licensure pursuant to this chapter;
(4) "Commissioner" means the commissioner of agriculture, or the commissioner's authorized agent;
(5) "Contract feeder" means a person who, as an independent contractor, feeds commercial feed to animals pursuant to a contract, whereby the commercial feed is supplied, furnished, or otherwise provided to the person and whereby the person's remuneration is determined all or in part by feed, consumption, mortality, profits, or amount or quality of product;
(6) "Customer-formula feed" means commercial feed that consists of a mixture of two (2) or more commercial feeds or a mixture of one (1) or more commercial feeds and one (1) or more feed ingredients or a mixture of two (2) or more feed ingredients, each batch of which is manufactured according to the specific instructions of the final purchaser;
(7) "Distribute" means to offer for sale, sell, exchange, or barter commercial feed or customer-formula feed;
(8) "Distributor" means any person who distributes;
(9) "Drug" means any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than humans, and articles other than feed intended to affect the structure or function of any part of the animal body;
(10) "Feed ingredient" means each of the constituent materials making up a commercial feed;
(11) [Deleted by 2019 amendment.]
(12) "Label" means a display of written, printed, or graphic matter upon or affixed to the container in which a commercial feed is distributed, or on the invoice or delivery slip with which a commercial feed is distributed;
(13) "Labeling" means all labels and other written, printed, or graphic matter: (A) Upon commercial feed or any of its containers or wrapper; or (B) Accompanying commercial feed;
(A) Upon commercial feed or any of its containers or wrapper; or
(B) Accompanying commercial feed;
(14) "Manufacture" means to grind, mix or blend, or further process a commercial feed for distribution;
(15) "Mineral feed" means a commercial feed intended to supply primarily mineral elements or inorganic nutrients;
(16) "Official sample" means a sample of feed taken by the commissioner or the commissioner's agent in accordance with § 44-6-111(c), (e) or (f) ;
(17) "Percent" or "percentage" means percentage by weight;
(18) "Person" includes individual, partnership, corporation, association, or other legal entity;
(19) "Pet" means any domesticated animal normally maintained in or near the household of its owner;
(20) "Pet food" means any commercial feed prepared and distributed for consumption by pets;
(21) "Product name" means the name of the commercial feed that identifies it as to kind, class, or specific use;
(22) "Quantity statement" means the net weight (mass), net volume (liquid or dry) or count;
(23) "Specialty pet" means any domesticated animal pet normally maintained in a cage or tank, such as, but not limited to, gerbils, hamsters, canaries, psittacines, birds, mynahs, finches, tropical fish, goldfish, snakes and turtles;
(24) "Specialty pet food" means any commercial feed prepared and distributed for consumption by specialty pets; and
(25) "Ton" means a net weight of two thousand pounds (2,000 lbs.) avoirdupois.
Amended by 2019 Tenn. Acts, ch. 87, Secs.s 9, s 10eff. 4/4/2019.
Amended by 2018 Tenn. Acts, ch. 673, s 1, Sec.s 2eff. 4/12/2018.
Acts 1972, ch. 488, § 3; T.C.A., §44-1120; Acts 1997 , ch. 55, §§ 1, 9- 11.
Tenn. Code Ann. § 44-17-302 — TN Code / Title 44 / Chapter 17 / Section 44-17-302
Application
Status: in_force

(a) This part shall be applicable only to public and private agencies, animal shelters and other facilities operated for the collection, care or euthanasia of stray, neglected, abandoned or unwanted non-livestock animals. (b) This part shall apply to any licensed veterinarian, Tennessee veterinarian medical technician, employee, volunteer, whether compensated or otherwise, or any other person acting as an agent on behalf of a public or private agency, animal shelter or other facility operated for the collection, care or euthanasia of stray, neglected, abandoned or unwanted non-livestock animals. Acts 1980, ch. 482, § 2; 2001, ch. 70, § 1; 2008, ch. 639, § 2.
(a) This part shall be applicable only to public and private agencies, animal shelters and other facilities operated for the collection, care or euthanasia of stray, neglected, abandoned or unwanted non-livestock animals.
(b) This part shall apply to any licensed veterinarian, Tennessee veterinarian medical technician, employee, volunteer, whether compensated or otherwise, or any other person acting as an agent on behalf of a public or private agency, animal shelter or other facility operated for the collection, care or euthanasia of stray, neglected, abandoned or unwanted non-livestock animals.
Acts 1980, ch. 482, § 2; 2001, ch. 70, § 1; 2008, ch. 639, § 2.
Tenn. Code Ann. § 44-8-108 — TN Code / Title 44 / Chapter 8 / Section 44-8-108
Injury to animals
Status: in_force

If any person, whose fence is adjudged insufficient, maims, wounds, or kills any such animal, or causes or procures it to be done, that person shall make full satisfaction to the person injured for all damages sustained, to be recovered before any tribunal having cognizance thereof. Code 1858, § 1686 (deriv. Acts 1807, ch. 8, § 3); Shan., § 2987; Code 1932, § 5209; T.C.A. (orig. ed.), §§ 44-1708, 44-9-108.
If any person, whose fence is adjudged insufficient, maims, wounds, or kills any such animal, or causes or procures it to be done, that person shall make full satisfaction to the person injured for all damages sustained, to be recovered before any tribunal having cognizance thereof.
Code 1858, § 1686 (deriv. Acts 1807, ch. 8, § 3); Shan., § 2987; Code 1932, § 5209; T.C.A. (orig. ed.), §§ 44-1708, 44-9-108.
Tenn. Code Ann. § 44-10-208 — TN Code / Title 44 / Chapter 10 / Section 44-10-208
Penalty for violations
Status: in_force

To operate as a livestock dealer without a valid license, or otherwise violate this part, is a Class A misdemeanor. Acts 1973, ch. 112, § 8; 1977, ch. 32, § 1; T.C.A., § 44-1917; Acts 1989, ch. 591, § 113; 2004, ch. 526, § 2.
To operate as a livestock dealer without a valid license, or otherwise violate this part, is a Class A misdemeanor.
Acts 1973, ch. 112, § 8; 1977, ch. 32, § 1; T.C.A., § 44-1917; Acts 1989, ch. 591, § 113; 2004, ch. 526, § 2.
Tenn. Code Ann. § 44-7-303 — TN Code / Title 44 / Chapter 7 / Section 44-7-303
False pedigree posted or recorded a misdemeanor
Status: in_force

Any person who knowingly records or posts any false or fraudulent pedigree commits a Class C misdemeanor. Acts 1891, ch. 148, § 3; Shan., § 2856; Code 1932, § 5090; T.C.A. (orig. ed.), § 44-1303; Acts 1989, ch. 591, § 113.
Any person who knowingly records or posts any false or fraudulent pedigree commits a Class C misdemeanor.
Acts 1891, ch. 148, § 3; Shan., § 2856; Code 1932, § 5090; T.C.A. (orig. ed.), § 44-1303; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 44-7-108 — TN Code / Title 44 / Chapter 7 / Section 44-7-108
Misbranding or mismarking - Forfeiture
Status: in_force

Any person who misbrands or mismarks any unbranded or unmarked animals not belonging to that person forfeits, as in § 44-7-107 , twenty-five dollars ($25.00) over and above the value of the animal, to be recovered in the same way. Code 1858, § 1661 (deriv. Acts 1741, ch. 8, § 2); Shan., § 2847; Code 1932, § 5074; T.C.A. (orig. ed.), § 44-1208.
Any person who misbrands or mismarks any unbranded or unmarked animals not belonging to that person forfeits, as in § 44-7-107 , twenty-five dollars ($25.00) over and above the value of the animal, to be recovered in the same way.
Code 1858, § 1661 (deriv. Acts 1741, ch. 8, § 2); Shan., § 2847; Code 1932, § 5074; T.C.A. (orig. ed.), § 44-1208.
Tenn. Code Ann. § 44-11-114 — TN Code / Title 44 / Chapter 11 / Section 44-11-114
Certain businesses excepted
Status: in_force

This chapter shall not apply to the business of buying or assembling livestock for the purpose of prompt shipment to or slaughter in any livestock market or packing house where veterinary inspection is regularly maintained under the animal disease eradication branch of the agricultural research services, United States department of agriculture. Acts 1957, ch. 208, § 12; T.C.A., § 44-2314.
This chapter shall not apply to the business of buying or assembling livestock for the purpose of prompt shipment to or slaughter in any livestock market or packing house where veterinary inspection is regularly maintained under the animal disease eradication branch of the agricultural research services, United States department of agriculture.
Acts 1957, ch. 208, § 12; T.C.A., § 44-2314.
Tenn. Code Ann. § 44-8-413 — TN Code / Title 44 / Chapter 8 / Section 44-8-413
Civil liability for injury caused by dogs
Status: in_force

(a) (1) The owner of a dog has a duty to keep that dog under reasonable control at all times, and to keep that dog from running at large. A person who breaches that duty is subject to civil liability for any damages suffered by a person who is injured by the dog while in a public place or lawfully in or on the private property of another. (2) The owner may be held liable regardless of whether the dog has shown any dangerous propensities or whether the dog's owner knew or should have known of the dog's dangerous propensities. (b) Subsection (a) shall not be construed to impose liability upon the owner of the dog if: (1) The dog is a police or military dog, the injury occurred during the course of the dog's official duties and the person injured was a party to, a participant in or suspected of being a party to or participant in the act or conduct that prompted the police or military to utilize the services of the dog; (2) The injured person was trespassing upon the private, nonresidential property of the dog's owner; (3) The injury occurred while the dog was protecting the dog's owner or other innocent party from attack by the injured person or a dog owned by the injured person; (4) The injury occurred while the dog was securely confined in a kennel, crate or other enclosure; or (5) The injury occurred as a result of the injured person enticing, disturbing, alarming, harassing, or otherwise provoking the dog. (c) (1) If a dog causes damage to a person while the person is on residential, farm or other noncommercial property, and the dog's owner is the owner of the property, or is on the property by permission of the owner or as a lawful tenant or lessee, in any civil action based upon such damages brought against the owner of the dog, the claimant shall be required to establish that the dog's owner knew or should have known of the dog's dangerous propensities. (2) The element of proof required by subdivision (c)(1) shall be in addition to any other elements the claimant may be required to prove in order to establish a claim under the prevailing Tennessee law of premises liability or comparative fault. (d) The statute of limitations for an action brought pursuant to this section shall be the same as provided in § 28-3-104 , for personal injury actions. (e) As used in this section, unless the context otherwise requires: (1) "Owner" means a person who, at the time of the damage caused to another, regularly harbors, keeps, or exercises control over the dog, but does not include a person who, at the time of the damage, is temporarily harboring, keeping, or exercising control over the dog; provided, however, that land ownership alone is not enough to qualify a landowner as a regular harborer even if the landowner gave permission to a third person to keep the dog on the land; and (2) "Running at large" means a dog goes uncontrolled by the dog's owner upon the premises of another without the consent of the owner of the premises, or other person authorized to give consent, or goes uncontrolled by the owner upon a highway, public road, street or any other place open to the public generally. Amended by 2016 Tenn. Acts, ch. 662,s 1, eff. 7/1/2016. Acts 2007, ch. 276, § 1.
(a) (1) The owner of a dog has a duty to keep that dog under reasonable control at all times, and to keep that dog from running at large. A person who breaches that duty is subject to civil liability for any damages suffered by a person who is injured by the dog while in a public place or lawfully in or on the private property of another. (2) The owner may be held liable regardless of whether the dog has shown any dangerous propensities or whether the dog's owner knew or should have known of the dog's dangerous propensities.
(1) The owner of a dog has a duty to keep that dog under reasonable control at all times, and to keep that dog from running at large. A person who breaches that duty is subject to civil liability for any damages suffered by a person who is injured by the dog while in a public place or lawfully in or on the private property of another.
(2) The owner may be held liable regardless of whether the dog has shown any dangerous propensities or whether the dog's owner knew or should have known of the dog's dangerous propensities.
(b) Subsection (a) shall not be construed to impose liability upon the owner of the dog if: (1) The dog is a police or military dog, the injury occurred during the course of the dog's official duties and the person injured was a party to, a participant in or suspected of being a party to or participant in the act or conduct that prompted the police or military to utilize the services of the dog; (2) The injured person was trespassing upon the private, nonresidential property of the dog's owner; (3) The injury occurred while the dog was protecting the dog's owner or other innocent party from attack by the injured person or a dog owned by the injured person; (4) The injury occurred while the dog was securely confined in a kennel, crate or other enclosure; or (5) The injury occurred as a result of the injured person enticing, disturbing, alarming, harassing, or otherwise provoking the dog.
(1) The dog is a police or military dog, the injury occurred during the course of the dog's official duties and the person injured was a party to, a participant in or suspected of being a party to or participant in the act or conduct that prompted the police or military to utilize the services of the dog;
(2) The injured person was trespassing upon the private, nonresidential property of the dog's owner;
(3) The injury occurred while the dog was protecting the dog's owner or other innocent party from attack by the injured person or a dog owned by the injured person;
(4) The injury occurred while the dog was securely confined in a kennel, crate or other enclosure; or
(5) The injury occurred as a result of the injured person enticing, disturbing, alarming, harassing, or otherwise provoking the dog.
(c) (1) If a dog causes damage to a person while the person is on residential, farm or other noncommercial property, and the dog's owner is the owner of the property, or is on the property by permission of the owner or as a lawful tenant or lessee, in any civil action based upon such damages brought against the owner of the dog, the claimant shall be required to establish that the dog's owner knew or should have known of the dog's dangerous propensities. (2) The element of proof required by subdivision (c)(1) shall be in addition to any other elements the claimant may be required to prove in order to establish a claim under the prevailing Tennessee law of premises liability or comparative fault.
(1) If a dog causes damage to a person while the person is on residential, farm or other noncommercial property, and the dog's owner is the owner of the property, or is on the property by permission of the owner or as a lawful tenant or lessee, in any civil action based upon such damages brought against the owner of the dog, the claimant shall be required to establish that the dog's owner knew or should have known of the dog's dangerous propensities.
(2) The element of proof required by subdivision (c)(1) shall be in addition to any other elements the claimant may be required to prove in order to establish a claim under the prevailing Tennessee law of premises liability or comparative fault.
(d) The statute of limitations for an action brought pursuant to this section shall be the same as provided in § 28-3-104 , for personal injury actions.
(e) As used in this section, unless the context otherwise requires: (1) "Owner" means a person who, at the time of the damage caused to another, regularly harbors, keeps, or exercises control over the dog, but does not include a person who, at the time of the damage, is temporarily harboring, keeping, or exercising control over the dog; provided, however, that land ownership alone is not enough to qualify a landowner as a regular harborer even if the landowner gave permission to a third person to keep the dog on the land; and (2) "Running at large" means a dog goes uncontrolled by the dog's owner upon the premises of another without the consent of the owner of the premises, or other person authorized to give consent, or goes uncontrolled by the owner upon a highway, public road, street or any other place open to the public generally.
(1) "Owner" means a person who, at the time of the damage caused to another, regularly harbors, keeps, or exercises control over the dog, but does not include a person who, at the time of the damage, is temporarily harboring, keeping, or exercising control over the dog; provided, however, that land ownership alone is not enough to qualify a landowner as a regular harborer even if the landowner gave permission to a third person to keep the dog on the land; and
(2) "Running at large" means a dog goes uncontrolled by the dog's owner upon the premises of another without the consent of the owner of the premises, or other person authorized to give consent, or goes uncontrolled by the owner upon a highway, public road, street or any other place open to the public generally.
Amended by 2016 Tenn. Acts, ch. 662,s 1, eff. 7/1/2016.
Acts 2007, ch. 276, § 1.
Tenn. Code Ann. § 44-7-202 — TN Code / Title 44 / Chapter 7 / Section 44-7-202
Registration of brands by department of agriculture - Fees - Issuance of certificate
Status: in_force

(a) Any owner who uses a brand to identify cattle, hogs, sheep, goats, horses, and other animals belonging to that owner must submit an application to the department to register the owner's brand. (b) The application shall be made on forms prescribed and furnished by the department and shall be accompanied by payment of a fee set by rule pursuant to § 43-1-703 and a facsimile of the brand to be registered. If the brand described in the application closely resembles another brand previously registered by another owner, the commissioner may reject the application for registration, but in the event the brand does not closely resemble another brand previously registered, the commissioner shall issue to the applicant a certificate of registration. (c) A person having a brand duly registered with the department may transfer the brand to another person by notifying the department of the transfer and giving the date of transfer and the name of the transferee. Upon receipt of the notice, the department shall note the brand transfer and the name of the transferee in its register of brands. The transferee shall not use the transferred brand until the department notifies the transferee that the brand transfer has been noted on the department's register. Amended by 2015 Tenn. Acts, ch. 485,s 18, eff. 7/1/2015. Acts 1959, ch. 311, § 2; 1970, ch. 374, § 1; T.C.A., § 44-1211.
(a) Any owner who uses a brand to identify cattle, hogs, sheep, goats, horses, and other animals belonging to that owner must submit an application to the department to register the owner's brand.
(b) The application shall be made on forms prescribed and furnished by the department and shall be accompanied by payment of a fee set by rule pursuant to § 43-1-703 and a facsimile of the brand to be registered. If the brand described in the application closely resembles another brand previously registered by another owner, the commissioner may reject the application for registration, but in the event the brand does not closely resemble another brand previously registered, the commissioner shall issue to the applicant a certificate of registration.
(c) A person having a brand duly registered with the department may transfer the brand to another person by notifying the department of the transfer and giving the date of transfer and the name of the transferee. Upon receipt of the notice, the department shall note the brand transfer and the name of the transferee in its register of brands. The transferee shall not use the transferred brand until the department notifies the transferee that the brand transfer has been noted on the department's register.
Amended by 2015 Tenn. Acts, ch. 485,s 18, eff. 7/1/2015.
Acts 1959, ch. 311, § 2; 1970, ch. 374, § 1; T.C.A., § 44-1211.
Tenn. Code Ann. § 44-17-403 — TN Code / Title 44 / Chapter 17 / Section 44-17-403
Death of pet caused by negligent act of another - Damages
Status: in_force

(a) (1) If a person's pet is killed or sustains injuries that result in death caused by the unlawful and intentional, or negligent, act of another or the animal of another, the trier of fact may find the individual causing the death or the owner of the animal causing the death liable for up to five thousand dollars ($5,000) in noneconomic damages; provided, that if the death is caused by the negligent act of another, the death or fatal injury must occur on the property of the deceased pet's owner or caretaker, or while under the control and supervision of the deceased pet's owner or caretaker. (2) If an unlawful act resulted in the death or permanent disability of a person's guide dog, then the value of the guide dog shall include, but shall not necessarily be limited to, both the cost of the guide dog as well as the cost of any specialized training the guide dog received. (b) As used in this section, "pet" means any domesticated dog or cat normally maintained in or near the household of its owner. (c) Limits for noneconomic damages set out in subsection (a) shall not apply to causes of action for intentional infliction of emotional distress or any other civil action other than the direct and sole loss of a pet. (d) Noneconomic damages awarded pursuant to this section shall be limited to compensation for the loss of the reasonably expected society, companionship, love and affection of the pet. (e) This section shall not apply to any not-for-profit entity or governmental agency, or its employees, negligently causing the death of a pet while acting on the behalf of public health or animal welfare; to any killing of a dog that has been or was killing or worrying livestock as in § 44-17-203 ; nor shall this section be construed to authorize any award of noneconomic damages in an action for professional negligence against a licensed veterinarian. Acts 2000, ch. 762, § 1; 2004, ch. 940, § 4; 2004, ch. 957, §§ 5, 6, 7.
(a) (1) If a person's pet is killed or sustains injuries that result in death caused by the unlawful and intentional, or negligent, act of another or the animal of another, the trier of fact may find the individual causing the death or the owner of the animal causing the death liable for up to five thousand dollars ($5,000) in noneconomic damages; provided, that if the death is caused by the negligent act of another, the death or fatal injury must occur on the property of the deceased pet's owner or caretaker, or while under the control and supervision of the deceased pet's owner or caretaker. (2) If an unlawful act resulted in the death or permanent disability of a person's guide dog, then the value of the guide dog shall include, but shall not necessarily be limited to, both the cost of the guide dog as well as the cost of any specialized training the guide dog received.
(1) If a person's pet is killed or sustains injuries that result in death caused by the unlawful and intentional, or negligent, act of another or the animal of another, the trier of fact may find the individual causing the death or the owner of the animal causing the death liable for up to five thousand dollars ($5,000) in noneconomic damages; provided, that if the death is caused by the negligent act of another, the death or fatal injury must occur on the property of the deceased pet's owner or caretaker, or while under the control and supervision of the deceased pet's owner or caretaker.
(2) If an unlawful act resulted in the death or permanent disability of a person's guide dog, then the value of the guide dog shall include, but shall not necessarily be limited to, both the cost of the guide dog as well as the cost of any specialized training the guide dog received.
(b) As used in this section, "pet" means any domesticated dog or cat normally maintained in or near the household of its owner.
(c) Limits for noneconomic damages set out in subsection (a) shall not apply to causes of action for intentional infliction of emotional distress or any other civil action other than the direct and sole loss of a pet.
(d) Noneconomic damages awarded pursuant to this section shall be limited to compensation for the loss of the reasonably expected society, companionship, love and affection of the pet.
(e) This section shall not apply to any not-for-profit entity or governmental agency, or its employees, negligently causing the death of a pet while acting on the behalf of public health or animal welfare; to any killing of a dog that has been or was killing or worrying livestock as in § 44-17-203 ; nor shall this section be construed to authorize any award of noneconomic damages in an action for professional negligence against a licensed veterinarian.
Acts 2000, ch. 762, § 1; 2004, ch. 940, § 4; 2004, ch. 957, §§ 5, 6, 7.
Tenn. Code Ann. § 44-11-101 — TN Code / Title 44 / Chapter 11 / Section 44-11-101
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Alternative livestock" means non-traditional livestock that are hoofed and captive-farmed for purposes of agricultural or recreational use, as defined by § 70-4-403(3) ; (2) "Breed association" means a bona fide livestock breed association which conducts sales of livestock breeds recognized by the department in which such association assumes responsibility for conducting the sales, assumes title to any livestock sold, and accrues a majority of profits from the sales; (3) "Commissioner" means the commissioner of agriculture; (4) "Consignor" means any person consigning, shipping, or delivering livestock to a livestock market for sale, resale, or exchange; (5) "Department" means the department of agriculture; (6) "Livestock" means cattle, calves, horses, mules, poultry, swine, sheep, goats, and alternative livestock; (7) "Livestock market" means any location where livestock is assembled and sold at public auction, on a commission basis, or otherwise for the compensation of the owner or operator, during regularly scheduled or special sales; (8) "Livestock producer" means any person who sells only livestock such person has raised or such person has owned and had in possession for a minimum of sixty (60) days; (9) "Operator" means any person conducting business as a livestock market; (10) "Person" means any person, firm, or corporation; and (11) "Representative" means an employee or designee of the commissioner. Acts 1957, ch. 208, § 1; T.C.A., §44-2301; Acts 2010 , ch. 717, § 6.
As used in this chapter, unless the context otherwise requires:
(1) "Alternative livestock" means non-traditional livestock that are hoofed and captive-farmed for purposes of agricultural or recreational use, as defined by § 70-4-403(3) ;
(2) "Breed association" means a bona fide livestock breed association which conducts sales of livestock breeds recognized by the department in which such association assumes responsibility for conducting the sales, assumes title to any livestock sold, and accrues a majority of profits from the sales;
(3) "Commissioner" means the commissioner of agriculture;
(4) "Consignor" means any person consigning, shipping, or delivering livestock to a livestock market for sale, resale, or exchange;
(5) "Department" means the department of agriculture;
(6) "Livestock" means cattle, calves, horses, mules, poultry, swine, sheep, goats, and alternative livestock;
(7) "Livestock market" means any location where livestock is assembled and sold at public auction, on a commission basis, or otherwise for the compensation of the owner or operator, during regularly scheduled or special sales;
(8) "Livestock producer" means any person who sells only livestock such person has raised or such person has owned and had in possession for a minimum of sixty (60) days;
(9) "Operator" means any person conducting business as a livestock market;
(10) "Person" means any person, firm, or corporation; and
(11) "Representative" means an employee or designee of the commissioner.
Acts 1957, ch. 208, § 1; T.C.A., §44-2301; Acts 2010 , ch. 717, § 6.
Tenn. Code Ann. § 44-8-105 — TN Code / Title 44 / Chapter 8 / Section 44-8-105
Three-wire, plank, or slat fence a lawful fence
Status: in_force

In addition, the following shall also be a lawful fence: a fence built on good-sized, substantial posts, set firmly in the ground not more than nine feet (9') apart. The fence shall consist of three (3) barbed wires, or three (3) planks, or three (3) slats running horizontally and fastened firmly to the posts, the first to be eighteen inches (18") from the ground, and the second and third eighteen inches (18") from the first and second respectively, counting from the center of each. The fence may consist entirely of wire strands, or of planks or of slats; or it may be composed of a wire, plank, and slat. Acts 1891, ch. 92, § 1; Shan., § 2982; Code 1932, § 5206; T.C.A. (orig. ed.), §§ 44-1705, 44-9-105.
In addition, the following shall also be a lawful fence: a fence built on good-sized, substantial posts, set firmly in the ground not more than nine feet (9') apart. The fence shall consist of three (3) barbed wires, or three (3) planks, or three (3) slats running horizontally and fastened firmly to the posts, the first to be eighteen inches (18") from the ground, and the second and third eighteen inches (18") from the first and second respectively, counting from the center of each. The fence may consist entirely of wire strands, or of planks or of slats; or it may be composed of a wire, plank, and slat.
Acts 1891, ch. 92, § 1; Shan., § 2982; Code 1932, § 5206; T.C.A. (orig. ed.), §§ 44-1705, 44-9-105.
Tenn. Code Ann. § 44-17-113 — TN Code / Title 44 / Chapter 17 / Section 44-17-113
Bills of sale evidencing purchase of dogs or cats by dealers or research facilities
Status: in_force

(a) The purchase of any dog or cat by a dealer or by a research facility shall be evidenced by a bill of sale signed by the seller. The bill of sale shall be in form approved by the commissioner and shall certify that the seller is the lawful owner of the dog or cat and that ownership is transferred to the dealer or research facility. The bill of sale shall make reference to the mark or identification required by § 44-17-110 . (b) The bill of sale shall bear the name, telephone number, and address of the seller, and the driver license or social security number of the seller. At the time of sale, the dealer or research facility making the purchase shall verify from the seller the seller's driver license or social security number, whichever is appropriate. The bill of sale shall also contain a description of the dog or cat sold under that bill adequate to identify the animal. A bill of sale containing the same information shall be furnished by a dealer to any person purchasing a dog or cat at a flea market. Nothing in this subsection (b) shall be construed as enlarging the enforcement responsibilities of the commissioner beyond that existing prior to March 17, 1978. Acts 1967, ch. 332, § 13; 1978, ch. 640, § 3; T.C.A., § 44-116.
(a) The purchase of any dog or cat by a dealer or by a research facility shall be evidenced by a bill of sale signed by the seller. The bill of sale shall be in form approved by the commissioner and shall certify that the seller is the lawful owner of the dog or cat and that ownership is transferred to the dealer or research facility. The bill of sale shall make reference to the mark or identification required by § 44-17-110 .
(b) The bill of sale shall bear the name, telephone number, and address of the seller, and the driver license or social security number of the seller. At the time of sale, the dealer or research facility making the purchase shall verify from the seller the seller's driver license or social security number, whichever is appropriate. The bill of sale shall also contain a description of the dog or cat sold under that bill adequate to identify the animal. A bill of sale containing the same information shall be furnished by a dealer to any person purchasing a dog or cat at a flea market. Nothing in this subsection (b) shall be construed as enlarging the enforcement responsibilities of the commissioner beyond that existing prior to March 17, 1978.
Acts 1967, ch. 332, § 13; 1978, ch. 640, § 3; T.C.A., § 44-116.
Tenn. Code Ann. § 44-6-110 — TN Code / Title 44 / Chapter 6 / Section 44-6-110
Rules and regulations
Status: in_force

The commissioner is authorized to promulgate such rules and regulations for commercial feeds and pet foods as are specifically authorized in this chapter, and such other reasonable rules and regulations as may be necessary for the efficient enforcement of this chapter. In the interest of uniformity, the commissioner shall by regulation adopt, unless the commissioner determines that they are inconsistent with this chapter or are not appropriate to conditions that exist in this state, the following: (1) The official definitions of feed ingredients and official feed terms adopted by the Association of American Feed Control Officials and published in the official publication of that organization; and (2) Any regulation promulgated pursuant to the authority of the federal Food, Drug, and Cosmetic Act ( 21 U.S.C. § 301 et seq.). Acts 1972, ch. 488, § 10; T.C.A., § 44-1127.
The commissioner is authorized to promulgate such rules and regulations for commercial feeds and pet foods as are specifically authorized in this chapter, and such other reasonable rules and regulations as may be necessary for the efficient enforcement of this chapter. In the interest of uniformity, the commissioner shall by regulation adopt, unless the commissioner determines that they are inconsistent with this chapter or are not appropriate to conditions that exist in this state, the following:
(1) The official definitions of feed ingredients and official feed terms adopted by the Association of American Feed Control Officials and published in the official publication of that organization; and
(2) Any regulation promulgated pursuant to the authority of the federal Food, Drug, and Cosmetic Act ( 21 U.S.C. § 301 et seq.).
Acts 1972, ch. 488, § 10; T.C.A., § 44-1127.
Tenn. Code Ann. § 44-20-104 — TN Code / Title 44 / Chapter 20 / Section 44-20-104
Applicability - Where liability not prevented or limited
Status: in_force

(a) This chapter shall not apply to the horse racing industry as regulated in title 4, chapter 36. (b) Nothing in § 44-20-103 shall prevent or limit the liability of an equine activity sponsor, an equine professional, or any other person if the equine activity sponsor, equine professional, or person: (1) (A) Provided the equipment or tack, and knew or should have known that the equipment or tack was faulty, and the equipment or tack was faulty to the extent that it did cause the injury; or (B) Provided the equine and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity and determine the ability of the participant to safely manage the particular equine based on the participant's representations of the participant's ability; (2) Owns, leases, rents, or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition that was known to the equine activity sponsor, equine professional, or person and for which warning signs have not been conspicuously posted; (3) Commits an act or omission that constitutes willful or wanton disregard for the safety of the participant, and that act or omission caused the injury; or (4) Intentionally injures the participant. (c) Nothing in § 44-20-103 shall prevent or limit the liability of an equine activity sponsor or an equine professional: (1) Under product liability provisions in title 29, chapter 28; or (2) Under trespass provisions in chapter 8 of this title. (d) Title 70, chapter 7 does not apply to an equine activity sponsor or an equine professional. It is the legislative intent that equine activity sponsors and equine professionals be held to a higher standard of care. Acts 1992, ch. 974, § 5.
(a) This chapter shall not apply to the horse racing industry as regulated in title 4, chapter 36.
(b) Nothing in § 44-20-103 shall prevent or limit the liability of an equine activity sponsor, an equine professional, or any other person if the equine activity sponsor, equine professional, or person: (1) (A) Provided the equipment or tack, and knew or should have known that the equipment or tack was faulty, and the equipment or tack was faulty to the extent that it did cause the injury; or (B) Provided the equine and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity and determine the ability of the participant to safely manage the particular equine based on the participant's representations of the participant's ability; (2) Owns, leases, rents, or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition that was known to the equine activity sponsor, equine professional, or person and for which warning signs have not been conspicuously posted; (3) Commits an act or omission that constitutes willful or wanton disregard for the safety of the participant, and that act or omission caused the injury; or (4) Intentionally injures the participant.
(1) (A) Provided the equipment or tack, and knew or should have known that the equipment or tack was faulty, and the equipment or tack was faulty to the extent that it did cause the injury; or (B) Provided the equine and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity and determine the ability of the participant to safely manage the particular equine based on the participant's representations of the participant's ability;
(A) Provided the equipment or tack, and knew or should have known that the equipment or tack was faulty, and the equipment or tack was faulty to the extent that it did cause the injury; or
(B) Provided the equine and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity and determine the ability of the participant to safely manage the particular equine based on the participant's representations of the participant's ability;
(2) Owns, leases, rents, or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition that was known to the equine activity sponsor, equine professional, or person and for which warning signs have not been conspicuously posted;
(3) Commits an act or omission that constitutes willful or wanton disregard for the safety of the participant, and that act or omission caused the injury; or
(4) Intentionally injures the participant.
(c) Nothing in § 44-20-103 shall prevent or limit the liability of an equine activity sponsor or an equine professional: (1) Under product liability provisions in title 29, chapter 28; or (2) Under trespass provisions in chapter 8 of this title.
(1) Under product liability provisions in title 29, chapter 28; or
(2) Under trespass provisions in chapter 8 of this title.
(d) Title 70, chapter 7 does not apply to an equine activity sponsor or an equine professional. It is the legislative intent that equine activity sponsors and equine professionals be held to a higher standard of care.
Acts 1992, ch. 974, § 5.
Tenn. Code Ann. § 44-8-404 — TN Code / Title 44 / Chapter 8 / Section 44-8-404
[Repealed]
Status: repealed

Repealed by 2015 Tenn. Acts, ch. 73, s 1, eff. 4/6/2015. Code 1858, § 1664; Shan., § 2850; Code 1932, § 5079; T.C.A. (orig. ed.), § 44-1404; impl. am. Acts 1979, ch. 68, § 2; T.C.A., § 44-8-104 .
Repealed by 2015 Tenn. Acts, ch. 73, s 1, eff. 4/6/2015.
Code 1858, § 1664; Shan., § 2850; Code 1932, § 5079; T.C.A. (orig. ed.), § 44-1404; impl. am. Acts 1979, ch. 68, § 2; T.C.A., § 44-8-104 .
Tenn. Code Ann. § 44-19-119 — TN Code / Title 44 / Chapter 19 / Section 44-19-119
Reports - Information - Audits
Status: in_force

(a) The commissioner may require purchasers to file such information and reports as may be reasonably necessary to assist in carrying out the purposes of this chapter. (b) The Tennessee dairy promotion committee shall prepare an annual report of its activities through June 30 of each year, and submit this report to the commissioner. (c) The annual report and all books of accounts and financial records of all funds received by assessment shall be subject to audit annually by the comptroller of the treasury. The audit may be performed by a licensed independent public accountant selected by the committee and approved by the comptroller of the treasury. The cost of any audit shall be paid by the committee. The comptroller of the treasury shall ensure that audits are prepared in accordance with generally accepted governmental auditing standards and determine if the audits meet minimum audit standards prescribed by the comptroller of the treasury. No audit may be accepted as meeting the requirements of this section until approved by the comptroller of the treasury. Acts 1984, ch. 948, § 19.
(a) The commissioner may require purchasers to file such information and reports as may be reasonably necessary to assist in carrying out the purposes of this chapter.
(b) The Tennessee dairy promotion committee shall prepare an annual report of its activities through June 30 of each year, and submit this report to the commissioner.
(c) The annual report and all books of accounts and financial records of all funds received by assessment shall be subject to audit annually by the comptroller of the treasury. The audit may be performed by a licensed independent public accountant selected by the committee and approved by the comptroller of the treasury. The cost of any audit shall be paid by the committee. The comptroller of the treasury shall ensure that audits are prepared in accordance with generally accepted governmental auditing standards and determine if the audits meet minimum audit standards prescribed by the comptroller of the treasury. No audit may be accepted as meeting the requirements of this section until approved by the comptroller of the treasury.
Acts 1984, ch. 948, § 19.
Tenn. Code Ann. § 44-21-101 — TN Code / Title 44 / Chapter 21 / Section 44-21-101
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Bovine activity" means any activity involving one (1) or more bovine, including, but not limited to: (A) Grazing, herding, feeding, branding, milking or any other activity that involves the care or maintenance of bovine; (B) Bovine shows, fairs, competitions or auctions; (C) Bovine training or teaching activities; (D) Boarding bovine; or (E) Riding, inspecting, or evaluating bovine; (2) "Bovine owner" means any person with ownership rights to bovine; (3) "Inherent risks of bovine activities" means dangers or conditions that are an integral part of bovine activities, including, but not limited to: (A) The propensity of a bovine to behave in ways that may result in injury, loss, damage or death to persons on or around the bovine; (B) The unpredictability of a bovine's reaction to sounds, sudden movements, and unfamiliar objects, persons, or other animals; (C) Certain hazards on the property, such as surface and subsurface conditions; or (D) Collisions with other bovine or objects; and (4) "Person" means an individual, corporation or any other legal entity. Acts 2011, ch. 74, § 1.
As used in this chapter, unless the context otherwise requires:
(1) "Bovine activity" means any activity involving one (1) or more bovine, including, but not limited to: (A) Grazing, herding, feeding, branding, milking or any other activity that involves the care or maintenance of bovine; (B) Bovine shows, fairs, competitions or auctions; (C) Bovine training or teaching activities; (D) Boarding bovine; or (E) Riding, inspecting, or evaluating bovine;
(A) Grazing, herding, feeding, branding, milking or any other activity that involves the care or maintenance of bovine;
(B) Bovine shows, fairs, competitions or auctions;
(C) Bovine training or teaching activities;
(D) Boarding bovine; or
(E) Riding, inspecting, or evaluating bovine;
(2) "Bovine owner" means any person with ownership rights to bovine;
(3) "Inherent risks of bovine activities" means dangers or conditions that are an integral part of bovine activities, including, but not limited to: (A) The propensity of a bovine to behave in ways that may result in injury, loss, damage or death to persons on or around the bovine; (B) The unpredictability of a bovine's reaction to sounds, sudden movements, and unfamiliar objects, persons, or other animals; (C) Certain hazards on the property, such as surface and subsurface conditions; or (D) Collisions with other bovine or objects; and
(A) The propensity of a bovine to behave in ways that may result in injury, loss, damage or death to persons on or around the bovine;
(B) The unpredictability of a bovine's reaction to sounds, sudden movements, and unfamiliar objects, persons, or other animals;
(C) Certain hazards on the property, such as surface and subsurface conditions; or
(D) Collisions with other bovine or objects; and
(4) "Person" means an individual, corporation or any other legal entity.
Acts 2011, ch. 74, § 1.
Tenn. Code Ann. § 44-7-201 — TN Code / Title 44 / Chapter 7 / Section 44-7-201
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Brand" means any recorded identification mark applied to any position on the hide of a live animal by means of heat, acid or chemical, except tattoo marks in the ear or numbers used to keep production records or record of age; (2) "Commissioner" means the commissioner of agriculture; (3) "Department" means the department of agriculture; (4) "Livestock hide dealer" means any dealer or person who buys hides; (5) "Livestock market" means a place where a person assembles livestock for public sale if the person is required to procure a license or permit from the department to operate such market; and (6) "Person" means any individual, partnership, corporation or association. Acts 1959, ch. 311, § 1; T.C.A., § 44-1210.
As used in this part, unless the context otherwise requires:
(1) "Brand" means any recorded identification mark applied to any position on the hide of a live animal by means of heat, acid or chemical, except tattoo marks in the ear or numbers used to keep production records or record of age;
(2) "Commissioner" means the commissioner of agriculture;
(3) "Department" means the department of agriculture;
(4) "Livestock hide dealer" means any dealer or person who buys hides;
(5) "Livestock market" means a place where a person assembles livestock for public sale if the person is required to procure a license or permit from the department to operate such market; and
(6) "Person" means any individual, partnership, corporation or association.
Acts 1959, ch. 311, § 1; T.C.A., § 44-1210.
Tenn. Code Ann. § 44-8-110 — TN Code / Title 44 / Chapter 8 / Section 44-8-110
Liability of owners of notoriously mischievous stock
Status: in_force

The owners of notoriously mischievous stock shall be liable for all damages done by the stock to enclosure or crops of others. Acts 1875, ch. 110, § 2; Shan., § 2989; mod. Code 1932, § 5211; T.C.A. (orig. ed.), §§ 44-1710, 44-9-110.
The owners of notoriously mischievous stock shall be liable for all damages done by the stock to enclosure or crops of others.
Acts 1875, ch. 110, § 2; Shan., § 2989; mod. Code 1932, § 5211; T.C.A. (orig. ed.), §§ 44-1710, 44-9-110.
Tenn. Code Ann. § 44-19-103 — TN Code / Title 44 / Chapter 19 / Section 44-19-103
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Commissioner" means the commissioner of agriculture; (2) "Department" means the department of agriculture; (3) "Handler" or "dealer" means any person, including any distributor, processor, bulk handler, or operator of a store, who purchases or receives on consignment or otherwise, milk or milk products of every kind and description, within the state, for sale, shipment, storage, processing or manufacture; (4) "Milk" means milk from cows and all of its natural components, sweet cream, sour cream, skim milk, flavored milk, buttermilk, condensed or concentrated, whole, low fat, or skim milk for use in milk products of every kind and description; (5) "Person" means any individual, corporation, partnership, association, cooperative or other business entity; (6) "Processor" means any person engaged in the business of processing milk and other materials into milk products of every kind and description; (7) "Producer" means every person in the state of Tennessee who produces milk or cream from cows and thereafter causes the same to be marketed as milk, cream or other milk and dairy products who has been issued and possesses a valid current producer's permit or certification, issued by the department; (8) "Purchaser" means any handler, dealer or processor who purchases or receives milk and milk products from producers on a commercial basis; (9) "Referendum" means any voting procedure under which affected producers may, by secret ballot, vote for or against an assessment authorized by this chapter; (10) "Tennessee dairy promotion committee" means a statewide committee appointed by the commissioner established pursuant to this chapter; and (11) "Vote" means to cast a ballot in a referendum. Acts 1984, ch. 948, § 3.
As used in this chapter, unless the context otherwise requires:
(1) "Commissioner" means the commissioner of agriculture;
(2) "Department" means the department of agriculture;
(3) "Handler" or "dealer" means any person, including any distributor, processor, bulk handler, or operator of a store, who purchases or receives on consignment or otherwise, milk or milk products of every kind and description, within the state, for sale, shipment, storage, processing or manufacture;
(4) "Milk" means milk from cows and all of its natural components, sweet cream, sour cream, skim milk, flavored milk, buttermilk, condensed or concentrated, whole, low fat, or skim milk for use in milk products of every kind and description;
(5) "Person" means any individual, corporation, partnership, association, cooperative or other business entity;
(6) "Processor" means any person engaged in the business of processing milk and other materials into milk products of every kind and description;
(7) "Producer" means every person in the state of Tennessee who produces milk or cream from cows and thereafter causes the same to be marketed as milk, cream or other milk and dairy products who has been issued and possesses a valid current producer's permit or certification, issued by the department;
(8) "Purchaser" means any handler, dealer or processor who purchases or receives milk and milk products from producers on a commercial basis;
(9) "Referendum" means any voting procedure under which affected producers may, by secret ballot, vote for or against an assessment authorized by this chapter;
(10) "Tennessee dairy promotion committee" means a statewide committee appointed by the commissioner established pursuant to this chapter; and
(11) "Vote" means to cast a ballot in a referendum.
Acts 1984, ch. 948, § 3.
Tenn. Code Ann. § 44-17-110 — TN Code / Title 44 / Chapter 17 / Section 44-17-110
Identification of dogs and cats delivered to research facilities
Status: in_force

All dogs and cats delivered for transportation, transported, purchased, or sold to research facilities shall be marked or identified in such manner as the commissioner may prescribe. Acts 1967, ch. 332, § 10; T.C.A., § 44-113.
All dogs and cats delivered for transportation, transported, purchased, or sold to research facilities shall be marked or identified in such manner as the commissioner may prescribe.
Acts 1967, ch. 332, § 10; T.C.A., § 44-113.
Tenn. Code Ann. § 44-20-103 — TN Code / Title 44 / Chapter 20 / Section 44-20-103
Limitation on liability for injury or death of participant
Status: in_force

Except as provided in § 44-20-104 , an equine activity sponsor, an equine professional, or any other person, which shall include a corporation or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities. Except as provided in § 44-20-104 , no participant or participant's representative shall make any claim against, maintain an action against, or recover from an equine activity sponsor, an equine professional, or any other person for injury, loss, damage, or death of the participant resulting from any of the inherent risks of equine activities. Acts 1992, ch. 974, § 4.
Except as provided in § 44-20-104 , an equine activity sponsor, an equine professional, or any other person, which shall include a corporation or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities. Except as provided in § 44-20-104 , no participant or participant's representative shall make any claim against, maintain an action against, or recover from an equine activity sponsor, an equine professional, or any other person for injury, loss, damage, or death of the participant resulting from any of the inherent risks of equine activities.
Acts 1992, ch. 974, § 4.
Tenn. Code Ann. § 44-7-301 — TN Code / Title 44 / Chapter 7 / Section 44-7-301
Pedigreed jacks or bulls for breeding to be registered
Status: in_force

The pedigree of any jack or bull, claimed to be pedigreed livestock and used for public breeding, shall be filed and registered with the county clerk, under oath that the pedigree is genuine, and the county clerk shall record the pedigree in a well-bound book to be kept in county clerk's office for that purpose. Acts 1891, ch. 148, § 1; Shan., § 2854; Code 1932, § 5088; impl. am. Acts 1947, ch. 75; C. Supp. 1950, § 5088; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A., (orig. ed.), § 44-1301; Acts 2008, ch. 924, § 2.
The pedigree of any jack or bull, claimed to be pedigreed livestock and used for public breeding, shall be filed and registered with the county clerk, under oath that the pedigree is genuine, and the county clerk shall record the pedigree in a well-bound book to be kept in county clerk's office for that purpose.
Acts 1891, ch. 148, § 1; Shan., § 2854; Code 1932, § 5088; impl. am. Acts 1947, ch. 75; C. Supp. 1950, § 5088; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A., (orig. ed.), § 44-1301; Acts 2008, ch. 924, § 2.
Tenn. Code Ann. § 44-17-117 — TN Code / Title 44 / Chapter 17 / Section 44-17-117
Construction and enforcement of provisions
Status: in_force

When construing or enforcing §§ 44-17-101 - 44-17-107, the act, omission, or failure of any individual acting for or employed by a dealer or research facility, within the scope of the individual's employment or office, shall be considered to be the act, omission, or failure of the dealer or research facility as well as of the individual. Acts 1967, ch. 332, § 17; T.C.A., § 44-120.
When construing or enforcing §§ 44-17-101 - 44-17-107, the act, omission, or failure of any individual acting for or employed by a dealer or research facility, within the scope of the individual's employment or office, shall be considered to be the act, omission, or failure of the dealer or research facility as well as of the individual.
Acts 1967, ch. 332, § 17; T.C.A., § 44-120.
Tenn. Code Ann. § 44-6-102 — TN Code / Title 44 / Chapter 6 / Section 44-6-102
Administration by commissioner of agriculture
Status: in_force

This chapter shall be administered by the commissioner of agriculture. Acts 1972, ch. 488, § 2; T.C.A., § 44-1119.
This chapter shall be administered by the commissioner of agriculture.
Acts 1972, ch. 488, § 2; T.C.A., § 44-1119.
Tenn. Code Ann. § 44-8-112 — TN Code / Title 44 / Chapter 8 / Section 44-8-112
Pulling and leaving down fence, or opening and leaving open gate, a misdemeanor
Status: in_force

Any person who pulls down the fence of another and leaves the same down, without permission of the owner, or opens and leaves open the gate of another, without permission of the owner, commits a Class C misdemeanor. Acts 1875, ch. 71, § 1; Shan., § 3006; mod. Code 1932, § 5227; T.C.A. (orig. ed.), §§ 44-1726, 44-9-112; Acts 1989, ch. 591, § 113.
Any person who pulls down the fence of another and leaves the same down, without permission of the owner, or opens and leaves open the gate of another, without permission of the owner, commits a Class C misdemeanor.
Acts 1875, ch. 71, § 1; Shan., § 3006; mod. Code 1932, § 5227; T.C.A. (orig. ed.), §§ 44-1726, 44-9-112; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 44-6-109 — TN Code / Title 44 / Chapter 6 / Section 44-6-109
[Repealed]
Status: repealed

Repealed by 2015 Tenn. Acts, ch. 485, s 17, eff. 7/1/2015.
Tenn. Code Ann. § 44-2-106 — TN Code / Title 44 / Chapter 2 / Section 44-2-106
Federally accredited veterinarians - Inspections, vaccinations and tests
Status: in_force

Veterinarians accredited under Title 9 of the Code of Federal Regulations and licensed by the state board of veterinary medical examiners may be authorized to make necessary inspections, vaccinations, and tests required by this chapter or its regulations. Acts 1993, ch. 109, § 1; T.C.A. § 44-2-1306.
Veterinarians accredited under Title 9 of the Code of Federal Regulations and licensed by the state board of veterinary medical examiners may be authorized to make necessary inspections, vaccinations, and tests required by this chapter or its regulations.
Acts 1993, ch. 109, § 1; T.C.A. § 44-2-1306.
Tenn. Code Ann. § 44-15-125 — TN Code / Title 44 / Chapter 15 / Section 44-15-125
Liability for personal injury or property damage
Status: in_force

(a) Any person who has registered an apiary pursuant to § 44-15-105 , is otherwise in compliance with this part and operates such apiary in a reasonable manner shall not be liable for any personal injury or property damage that is caused by the keeping and maintaining of: (1) Bee equipment, queen breeding equipment, apiaries, affiliated appliances that are located on such apiary; or (2) Bees that nest in a beehive that is located on such apiary. (b) The limitation of liability established by this section shall not apply to intentional tortious conduct or acts or omissions constituting gross negligence. Acts 2011, ch. 474, § 1.
(a) Any person who has registered an apiary pursuant to § 44-15-105 , is otherwise in compliance with this part and operates such apiary in a reasonable manner shall not be liable for any personal injury or property damage that is caused by the keeping and maintaining of: (1) Bee equipment, queen breeding equipment, apiaries, affiliated appliances that are located on such apiary; or (2) Bees that nest in a beehive that is located on such apiary.
(1) Bee equipment, queen breeding equipment, apiaries, affiliated appliances that are located on such apiary; or
(2) Bees that nest in a beehive that is located on such apiary.
(b) The limitation of liability established by this section shall not apply to intentional tortious conduct or acts or omissions constituting gross negligence.
Acts 2011, ch. 474, § 1.
Tenn. Code Ann. § 44-15-118 — TN Code / Title 44 / Chapter 15 / Section 44-15-118
Preventive measures
Status: in_force

After inspection of infected/infested bees or fixtures, or handling diseased bees, the state apiarist or assistants, before leaving the premises on which disease is found, or proceeding to any other apiary, shall take such measures as to prevent the spread of the disease or pests by infected/infested material adhering to that person's or persons' body or clothing, or any tools or appliances used by the state apiarist or any assistants that have come in contact with infected/infested materials. Acts 1995, ch. 402, § 19; T.C.A. § 44-15-218.
After inspection of infected/infested bees or fixtures, or handling diseased bees, the state apiarist or assistants, before leaving the premises on which disease is found, or proceeding to any other apiary, shall take such measures as to prevent the spread of the disease or pests by infected/infested material adhering to that person's or persons' body or clothing, or any tools or appliances used by the state apiarist or any assistants that have come in contact with infected/infested materials.
Acts 1995, ch. 402, § 19; T.C.A. § 44-15-218.
Tenn. Code Ann. § 44-19-108 — TN Code / Title 44 / Chapter 19 / Section 44-19-108
Filing of petition - Effect of referendum
Status: in_force

The commissioner shall, within sixty (60) days after the filing of a petition for referendum, and subject to a finding by the Tennessee dairy promotion committee that the petition is properly filed, determine by referendum whether the producers assent to the proposed assessment, change in assessment or termination of an existing assessment. The producers shall be deemed to have assented to the assessment, change in assessment or termination of an existing assessment if a simple majority of those voting assent to the assessment, change in assessment or termination of an existing assessment by affirmative vote. Acts 1984, ch. 948, § 8.
The commissioner shall, within sixty (60) days after the filing of a petition for referendum, and subject to a finding by the Tennessee dairy promotion committee that the petition is properly filed, determine by referendum whether the producers assent to the proposed assessment, change in assessment or termination of an existing assessment. The producers shall be deemed to have assented to the assessment, change in assessment or termination of an existing assessment if a simple majority of those voting assent to the assessment, change in assessment or termination of an existing assessment by affirmative vote.
Acts 1984, ch. 948, § 8.
Tenn. Code Ann. § 44-19-113 — TN Code / Title 44 / Chapter 19 / Section 44-19-113
Implementation of results - Imposition, notice and disposition of assessment
Status: in_force

Upon the approval of an assessment or a change in assessment in accordance with this chapter, the commissioner shall notify forthwith, by certified mail, all persons engaged either in the business of purchasing milk directly from producers or marketing milk in this state, either individually or on behalf of producers, that on and after the date specified in such letter, the specified assessment shall be deducted from the producer's payment for the sale or marketing of milk. The assessment so deducted shall, on or before the twenty-fifth day of the month following the end of the month in which milk is sold or marketed, be remitted to the Tennessee dairy promotion committee established in this chapter. These funds, including donations from individuals, concerns, corporations and grants from state or governmental agencies, shall be used for the purpose of promoting and stimulating by advertising, research, nutrition education and other methods, the increased consumption, use and sale, of milk. The books and records relating to the payment of the assessment of all persons who purchase or market milk shall at all times during regular business hours be open for inspection by the commissioner or the commissioner's duly authorized agents. Acts 1984, ch. 948, § 13.
Upon the approval of an assessment or a change in assessment in accordance with this chapter, the commissioner shall notify forthwith, by certified mail, all persons engaged either in the business of purchasing milk directly from producers or marketing milk in this state, either individually or on behalf of producers, that on and after the date specified in such letter, the specified assessment shall be deducted from the producer's payment for the sale or marketing of milk. The assessment so deducted shall, on or before the twenty-fifth day of the month following the end of the month in which milk is sold or marketed, be remitted to the Tennessee dairy promotion committee established in this chapter. These funds, including donations from individuals, concerns, corporations and grants from state or governmental agencies, shall be used for the purpose of promoting and stimulating by advertising, research, nutrition education and other methods, the increased consumption, use and sale, of milk. The books and records relating to the payment of the assessment of all persons who purchase or market milk shall at all times during regular business hours be open for inspection by the commissioner or the commissioner's duly authorized agents.
Acts 1984, ch. 948, § 13.
Tenn. Code Ann. § 44-17-304 — TN Code / Title 44 / Chapter 17 / Section 44-17-304
Minimum holding time before an animal may be euthanized - Emergency exception
Status: in_force

(a) Before any public or private agency, animal shelter or other facility operated for the collection, care or euthanasia of stray, neglected, abandoned or unwanted non-livestock animals euthanizes a non-livestock animal that the facility knows or should know, by identification or vaccination tags, personal knowledge or otherwise, has an owner, the facility shall be required to hold the animal for at least three (3) full business days from the time it is brought to the facility before the animal may be euthanized. (b) Subsection (a) shall not apply where an emergency situation exists that requires the immediate euthanasia of an injured, dangerous or severely diseased non-livestock animal. (c) A public or private agency, animal shelter, or other facility that knows or should know that a non-livestock animal has an owner under subsection (a) must make a reasonable effort to locate and notify the animal's owners within forty-eight (48) hours of the time that the public or private agency, animal shelter, or other facility takes custody of the animal or, if the animal is taken into custody on a Friday, within two (2) business days of the date that the public or private agency, animal shelter, or other facility takes custody of the animal. Amended by 2017 Tenn. Acts, ch. 206,s 3, eff. 4/27/2017. Acts 2008, ch. 639, § 3.
(a) Before any public or private agency, animal shelter or other facility operated for the collection, care or euthanasia of stray, neglected, abandoned or unwanted non-livestock animals euthanizes a non-livestock animal that the facility knows or should know, by identification or vaccination tags, personal knowledge or otherwise, has an owner, the facility shall be required to hold the animal for at least three (3) full business days from the time it is brought to the facility before the animal may be euthanized.
(b) Subsection (a) shall not apply where an emergency situation exists that requires the immediate euthanasia of an injured, dangerous or severely diseased non-livestock animal.
(c) A public or private agency, animal shelter, or other facility that knows or should know that a non-livestock animal has an owner under subsection (a) must make a reasonable effort to locate and notify the animal's owners within forty-eight (48) hours of the time that the public or private agency, animal shelter, or other facility takes custody of the animal or, if the animal is taken into custody on a Friday, within two (2) business days of the date that the public or private agency, animal shelter, or other facility takes custody of the animal.
Amended by 2017 Tenn. Acts, ch. 206,s 3, eff. 4/27/2017.
Acts 2008, ch. 639, § 3.