Tenn. Code Ann. § 43-11-103 — TN Code / Title 43 / Chapter 11 / Section 43-11-103
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Brand" means a term, design, or trademark used in connection with one (1) or several grades of commercial fertilizer; (2) "Bulk fertilizers" means commercial fertilizer distributed in a nonpackaged form; (3) "Commercial fertilizer" means any substance containing one (1) or more recognized plant nutrients that is used for its plant nutrient content and that is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes and gypsum; (4) "Commissioner" means the commissioner of agriculture; (5) "Deficiency" means the amount of nutrient found by analysis less than that guaranteed that may result from a lack of nutrient ingredients or from a lack of uniformity; (6) "Distributor" means any person who imports, consigns, manufactures, produces, compounds, mixes, or blends commercial fertilizer, or who offers for sale, sells, barters, or otherwise supplies commercial fertilizer in this state; (7) "Fertilizer material" is a fertilizer that either: (A) Contains important quantities of no more than one (1) of the primary plant nutrients (nitrogen, phosphoric acid and potash); (B) Has approximately eighty-five percent (85%) of its plant nutrient content present in the form of a single chemical compound; or (C) Is derived from a plant or animal residue or by-product or a natural material deposit that has been processed in such a way that its content of primary plant nutrients has not been materially changed except by purification and concentration; (8) "Grade" means the percentages of total nitrogen, available phosphorus or phosphoric acid, and soluble potassium or soluble potash stated in whole numbers in the same terms, order and percentages as in the "guaranteed analysis"; (9) "Guaranteed analysis": (A) Until the commissioner prescribes the alternative form of "guaranteed analysis" in accordance with the provisions of subdivision (9)(B), "guaranteed analysis" means the minimum percentage of plant nutrients claimed in the following order and form: (i) Total Nitrogen (N) .................... ____________________ percent Available Phosphoric Acid (P205) .................... ____________________ percent Soluble Potash (K20) .................... ____________________ percent (ii) For unacidulated mineral phosphatic materials and basis slag, both total and available phosphoric acid and the degree of fineness. For bone, tankage, and other organic phosphatic materials, total phosphoric acid; (iii) Guarantees for plant nutrients other than nitrogen, phosphorus and potassium may be permitted or required by regulation of the commissioner. The guarantees for plant nutrients other than nitrogen, phosphorus and potassium shall be expressed in the form of the element. The sources of such other nutrients (oxides, salt, chelates, etc.) may be required to be stated on the application for registration and may be included as a parenthetical statement on the label. Other beneficial substances or compounds, determinable by laboratory methods, also may be guaranteed by permission of the commissioner and with the advice of the director of the agricultural experiment station. When any plant nutrients or other substances or compounds are guaranteed, they shall be subject to inspection and analysis in accordance with the methods and regulations prescribed by the commissioner; and (iv) Potential basicity or acidity expressed in terms of calcium carbonate equivalent in multiples of one hundred pounds (100 lbs.) per ton, when required by regulation; and (B) When the commissioner finds, after public hearing following due notice, that the requirement for expressing the guaranteed analysis of phosphorus and potassium in elemental form would not impose an economic hardship on distributors and users of fertilizer by reason of conflicting labeling requirements among the states, the commissioner may require by regulation thereafter that the "guaranteed analysis" shall be in the following form: Total Nitrogen (N) .................... ____________________ percent Available Phosphorus (P) .................... ____________________ percent Soluble Potassium (K) .................... ____________________ percent provided, that the effective date of the regulation shall not be less than six (6) months following the issuance of the regulation; and provided further, that for a period of two (2) years following the effective date of the regulation, the equivalent of phosphorus and potassium may also be shown in the form of phosphoric acid and potash. After the effective date of a regulation issued under this subdivision (9)(B), requiring that phosphorus and potassium be shown in the elemental form, the guaranteed analysis for nitrogen, phosphorus, and potassium shall constitute the grade; (10) "Investigational allowance" means an allowance for variations inherent in the taking, preparation, and analysis of an official sample; (11) "Label" means the display of all written, printed, or graphic matter upon the immediate container, or a statement accompanying a fertilizer; (12) "Labeling" means all written, printed, or graphic matter upon or accompanying any fertilizer, or advertisements, brochures, posters, television, and radio announcements used in promoting the sale of such fertilizer; (13) "Local legislation" means, but is not limited to, any ordinance, motion, resolution, amendment, regulation or rule adopted by a political subdivision; (14) "Mixed fertilizer" is a commercial fertilizer containing any combination or mixtures of fertilizer materials designed for use or claimed to have value in promoting plant growth; (15) "Official sample" means any sample of commercial fertilizer taken by the commissioner or the commissioner's agent and designated as "official" by the commissioner; (16) "Overall index value" means the value of a fertilizer as determined by comparing the value guaranteed with the value found, using as a basis for value the commercial value of a nutrient or ingredient per § 43-11-110 ; (17) "Percent" or "percentage" means the percentage by weight; (18) "Person" includes an individual, partnership, association, firm, and corporation; (19) "Political subdivision" means any local government entity and includes, but is not limited to, any city, county or municipal government and any other body corporate and politic that is responsible for government activities in a geographic area smaller than the state; (20) "Registrant" means the person who registers commercial fertilizer under this part; (21) "Soil conditioner or soil amendment" means any substance that is intended to improve the physical characteristics of the soil, except agricultural liming materials, unmanipulated animal manures, unmanipulated vegetable manures, pesticides, and other materials exempted by regulation; (22) "Specialty fertilizer" means a commercial fertilizer distributed primarily for nonfarm use, such as home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses and nurseries; (23) "Ton" means a net weight of two thousand pounds (2,000 lbs.) avoirdupois; and (24) "Unmanipulated manure" means any substance composed of the excreta of domestic animals or domestic fowls that has not been processed in any manner, including drying, grinding, shredding, addition of plant food, mixing artificially with any material or materials other than those that have been used for bedding, sanitary, or feeding purposes for the animals or fowls, or any other means. Acts 1969, ch. 102, § 3; T.C.A., § 43-1123; Acts 1986, ch. 659, §§ 1, 2; 1988, ch. 544, §§ 1, 2; 2008 , ch. 1040, § 1.
As used in this part, unless the context otherwise requires:
(1) "Brand" means a term, design, or trademark used in connection with one (1) or several grades of commercial fertilizer;
(2) "Bulk fertilizers" means commercial fertilizer distributed in a nonpackaged form;
(3) "Commercial fertilizer" means any substance containing one (1) or more recognized plant nutrients that is used for its plant nutrient content and that is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes and gypsum;
(4) "Commissioner" means the commissioner of agriculture;
(5) "Deficiency" means the amount of nutrient found by analysis less than that guaranteed that may result from a lack of nutrient ingredients or from a lack of uniformity;
(6) "Distributor" means any person who imports, consigns, manufactures, produces, compounds, mixes, or blends commercial fertilizer, or who offers for sale, sells, barters, or otherwise supplies commercial fertilizer in this state;
(7) "Fertilizer material" is a fertilizer that either: (A) Contains important quantities of no more than one (1) of the primary plant nutrients (nitrogen, phosphoric acid and potash); (B) Has approximately eighty-five percent (85%) of its plant nutrient content present in the form of a single chemical compound; or (C) Is derived from a plant or animal residue or by-product or a natural material deposit that has been processed in such a way that its content of primary plant nutrients has not been materially changed except by purification and concentration;
(A) Contains important quantities of no more than one (1) of the primary plant nutrients (nitrogen, phosphoric acid and potash);
(B) Has approximately eighty-five percent (85%) of its plant nutrient content present in the form of a single chemical compound; or
(C) Is derived from a plant or animal residue or by-product or a natural material deposit that has been processed in such a way that its content of primary plant nutrients has not been materially changed except by purification and concentration;
(8) "Grade" means the percentages of total nitrogen, available phosphorus or phosphoric acid, and soluble potassium or soluble potash stated in whole numbers in the same terms, order and percentages as in the "guaranteed analysis";
(9) "Guaranteed analysis": (A) Until the commissioner prescribes the alternative form of "guaranteed analysis" in accordance with the provisions of subdivision (9)(B), "guaranteed analysis" means the minimum percentage of plant nutrients claimed in the following order and form: (i) Total Nitrogen (N) .................... ____________________ percent Available Phosphoric Acid (P205) .................... ____________________ percent Soluble Potash (K20) .................... ____________________ percent (ii) For unacidulated mineral phosphatic materials and basis slag, both total and available phosphoric acid and the degree of fineness. For bone, tankage, and other organic phosphatic materials, total phosphoric acid; (iii) Guarantees for plant nutrients other than nitrogen, phosphorus and potassium may be permitted or required by regulation of the commissioner. The guarantees for plant nutrients other than nitrogen, phosphorus and potassium shall be expressed in the form of the element. The sources of such other nutrients (oxides, salt, chelates, etc.) may be required to be stated on the application for registration and may be included as a parenthetical statement on the label. Other beneficial substances or compounds, determinable by laboratory methods, also may be guaranteed by permission of the commissioner and with the advice of the director of the agricultural experiment station. When any plant nutrients or other substances or compounds are guaranteed, they shall be subject to inspection and analysis in accordance with the methods and regulations prescribed by the commissioner; and (iv) Potential basicity or acidity expressed in terms of calcium carbonate equivalent in multiples of one hundred pounds (100 lbs.) per ton, when required by regulation; and (B) When the commissioner finds, after public hearing following due notice, that the requirement for expressing the guaranteed analysis of phosphorus and potassium in elemental form would not impose an economic hardship on distributors and users of fertilizer by reason of conflicting labeling requirements among the states, the commissioner may require by regulation thereafter that the "guaranteed analysis" shall be in the following form: Total Nitrogen (N) .................... ____________________ percent Available Phosphorus (P) .................... ____________________ percent Soluble Potassium (K) .................... ____________________ percent provided, that the effective date of the regulation shall not be less than six (6) months following the issuance of the regulation; and provided further, that for a period of two (2) years following the effective date of the regulation, the equivalent of phosphorus and potassium may also be shown in the form of phosphoric acid and potash. After the effective date of a regulation issued under this subdivision (9)(B), requiring that phosphorus and potassium be shown in the elemental form, the guaranteed analysis for nitrogen, phosphorus, and potassium shall constitute the grade;
(A) Until the commissioner prescribes the alternative form of "guaranteed analysis" in accordance with the provisions of subdivision (9)(B), "guaranteed analysis" means the minimum percentage of plant nutrients claimed in the following order and form: (i) Total Nitrogen (N) .................... ____________________ percent Available Phosphoric Acid (P205) .................... ____________________ percent Soluble Potash (K20) .................... ____________________ percent (ii) For unacidulated mineral phosphatic materials and basis slag, both total and available phosphoric acid and the degree of fineness. For bone, tankage, and other organic phosphatic materials, total phosphoric acid; (iii) Guarantees for plant nutrients other than nitrogen, phosphorus and potassium may be permitted or required by regulation of the commissioner. The guarantees for plant nutrients other than nitrogen, phosphorus and potassium shall be expressed in the form of the element. The sources of such other nutrients (oxides, salt, chelates, etc.) may be required to be stated on the application for registration and may be included as a parenthetical statement on the label. Other beneficial substances or compounds, determinable by laboratory methods, also may be guaranteed by permission of the commissioner and with the advice of the director of the agricultural experiment station. When any plant nutrients or other substances or compounds are guaranteed, they shall be subject to inspection and analysis in accordance with the methods and regulations prescribed by the commissioner; and (iv) Potential basicity or acidity expressed in terms of calcium carbonate equivalent in multiples of one hundred pounds (100 lbs.) per ton, when required by regulation; and
(i) Total Nitrogen (N) .................... ____________________ percent Available Phosphoric Acid (P205) .................... ____________________ percent Soluble Potash (K20) .................... ____________________ percent
Total Nitrogen (N) .................... ____________________ percent
Available Phosphoric Acid (P205) .................... ____________________ percent
Soluble Potash (K20) .................... ____________________ percent
(ii) For unacidulated mineral phosphatic materials and basis slag, both total and available phosphoric acid and the degree of fineness. For bone, tankage, and other organic phosphatic materials, total phosphoric acid;
(iii) Guarantees for plant nutrients other than nitrogen, phosphorus and potassium may be permitted or required by regulation of the commissioner. The guarantees for plant nutrients other than nitrogen, phosphorus and potassium shall be expressed in the form of the element. The sources of such other nutrients (oxides, salt, chelates, etc.) may be required to be stated on the application for registration and may be included as a parenthetical statement on the label. Other beneficial substances or compounds, determinable by laboratory methods, also may be guaranteed by permission of the commissioner and with the advice of the director of the agricultural experiment station. When any plant nutrients or other substances or compounds are guaranteed, they shall be subject to inspection and analysis in accordance with the methods and regulations prescribed by the commissioner; and
(iv) Potential basicity or acidity expressed in terms of calcium carbonate equivalent in multiples of one hundred pounds (100 lbs.) per ton, when required by regulation; and
(B) When the commissioner finds, after public hearing following due notice, that the requirement for expressing the guaranteed analysis of phosphorus and potassium in elemental form would not impose an economic hardship on distributors and users of fertilizer by reason of conflicting labeling requirements among the states, the commissioner may require by regulation thereafter that the "guaranteed analysis" shall be in the following form: Total Nitrogen (N) .................... ____________________ percent Available Phosphorus (P) .................... ____________________ percent Soluble Potassium (K) .................... ____________________ percent provided, that the effective date of the regulation shall not be less than six (6) months following the issuance of the regulation; and provided further, that for a period of two (2) years following the effective date of the regulation, the equivalent of phosphorus and potassium may also be shown in the form of phosphoric acid and potash. After the effective date of a regulation issued under this subdivision (9)(B), requiring that phosphorus and potassium be shown in the elemental form, the guaranteed analysis for nitrogen, phosphorus, and potassium shall constitute the grade;
Total Nitrogen (N) .................... ____________________ percent
Available Phosphorus (P) .................... ____________________ percent
Soluble Potassium (K) .................... ____________________ percent
provided, that the effective date of the regulation shall not be less than six (6) months following the issuance of the regulation; and provided further, that for a period of two (2) years following the effective date of the regulation, the equivalent of phosphorus and potassium may also be shown in the form of phosphoric acid and potash. After the effective date of a regulation issued under this subdivision (9)(B), requiring that phosphorus and potassium be shown in the elemental form, the guaranteed analysis for nitrogen, phosphorus, and potassium shall constitute the grade;
(10) "Investigational allowance" means an allowance for variations inherent in the taking, preparation, and analysis of an official sample;
(11) "Label" means the display of all written, printed, or graphic matter upon the immediate container, or a statement accompanying a fertilizer;
(12) "Labeling" means all written, printed, or graphic matter upon or accompanying any fertilizer, or advertisements, brochures, posters, television, and radio announcements used in promoting the sale of such fertilizer;
(13) "Local legislation" means, but is not limited to, any ordinance, motion, resolution, amendment, regulation or rule adopted by a political subdivision;
(14) "Mixed fertilizer" is a commercial fertilizer containing any combination or mixtures of fertilizer materials designed for use or claimed to have value in promoting plant growth;
(15) "Official sample" means any sample of commercial fertilizer taken by the commissioner or the commissioner's agent and designated as "official" by the commissioner;
(16) "Overall index value" means the value of a fertilizer as determined by comparing the value guaranteed with the value found, using as a basis for value the commercial value of a nutrient or ingredient per § 43-11-110 ;
(17) "Percent" or "percentage" means the percentage by weight;
(18) "Person" includes an individual, partnership, association, firm, and corporation;
(19) "Political subdivision" means any local government entity and includes, but is not limited to, any city, county or municipal government and any other body corporate and politic that is responsible for government activities in a geographic area smaller than the state;
(20) "Registrant" means the person who registers commercial fertilizer under this part;
(21) "Soil conditioner or soil amendment" means any substance that is intended to improve the physical characteristics of the soil, except agricultural liming materials, unmanipulated animal manures, unmanipulated vegetable manures, pesticides, and other materials exempted by regulation;
(22) "Specialty fertilizer" means a commercial fertilizer distributed primarily for nonfarm use, such as home gardens, lawns, shrubbery, flowers, golf courses, municipal parks, cemeteries, greenhouses and nurseries;
(23) "Ton" means a net weight of two thousand pounds (2,000 lbs.) avoirdupois; and
(24) "Unmanipulated manure" means any substance composed of the excreta of domestic animals or domestic fowls that has not been processed in any manner, including drying, grinding, shredding, addition of plant food, mixing artificially with any material or materials other than those that have been used for bedding, sanitary, or feeding purposes for the animals or fowls, or any other means.
Acts 1969, ch. 102, § 3; T.C.A., § 43-1123; Acts 1986, ch. 659, §§ 1, 2; 1988, ch. 544, §§ 1, 2; 2008 , ch. 1040, § 1.
Tenn. Code Ann. § 43-38-122 — TN Code / Title 43 / Chapter 38 / Section 43-38-122
Merger and consolidation
Status: in_force

(a) Unless otherwise prohibited, cooperatives organized under the laws of this state may merge or consolidate with each other or other business entities organized under the laws of this state or another state by complying with this section or the law of the state where the surviving or new business entity will exist. (b) To initiate a merger or consolidation of a cooperative, a written plan of merger or consolidation shall be prepared by the board or by a committee selected by the board to prepare a plan. The plan shall state: (1) The names of the constituent cooperatives and other business entities; (2) The name of the surviving or new cooperative or other business entity; (3) The manner and basis of converting membership or ownership interests of the constituent cooperatives or business entities into membership or ownership interests in the surviving or new cooperative or business entity; (4) The terms of the merger or consolidation; (5) The proposed effect of the consolidation or merger on the members and patron members of the cooperative; (6) For a consolidation, the plan shall contain the articles of the entity or organizational documents to be filed with the state in which the entity is organized; and (7) Any other provisions required by the laws under which any party to the merger is organized. (c) The following shall apply to notice: (1) The board shall mail a merger or consolidation or otherwise transmit or deliver notice to each member. The notice shall contain: (A) The full text of the plan; and (B) The time and place of the meeting at which the plan will be considered; and (2) A cooperative with more than two hundred (200) members may provide the merger or consolidation notice in the same manner as a regular members' meeting notice. (d) The following shall apply to the adoption of a plan of merger or consolidation: (1) A plan of merger or consolidation is adopted if: (A) The directors recommend the plan of merger or consolidation be approved by the members, unless the directors determine that, because of conflict of interest or due to the special circumstances, it should make no recommendation, in which case the directors shall submit the plan of merger or consolidation to the members of the cooperative for approval without recommendation and, in connection with the submission, shall communicate the basis for its determination that the plan be submitted for approval without any recommendation; (B) A quorum of the members is registered as being present or represented by mail vote at the meeting; and (C) The plan is approved by two-thirds (2/3) of the votes cast, or for a cooperative with articles or bylaws requiring more than two-thirds (2/3) of the votes cast or other conditions for approval, the plan is approved by a proportion of the votes cast or a number of total members as required by the articles or bylaws and the conditions for approval in the articles or bylaws have been satisfied; (2) After the plan has been adopted, articles of merger or consolidation stating the plan and that the plan was adopted according to this chapter shall be signed by the chair, vice-chair, records officer or documents officer of each cooperative merging or consolidating; (3) The articles of merger or consolidation shall be filed in the office of the secretary of state and must set forth: (A) The name, jurisdiction and date of formation or organization of each of the cooperatives or other entities that are a party to the merger; (B) That a plan of merger has been approved and executed by each of the cooperatives and other business entities that are a party to the merger; (C) The name and address of the principal executive office or equivalent thereof, of the surviving or resulting entity into which the other entities will merge; (D) The future effective date or time, which shall be a date or time certain and which shall comply with § 43-38-1109(b) of the merger, if it is not to be effective upon the filing of the plan of merger; (E) That the plan of merger is on file at a place of business of the surviving or resulting entity, and shall state the address thereof; (F) That a copy of the plan of merger will be furnished by the surviving or resulting entity, on request and without cost, to any member of any domestic cooperative or any persons holding an interest in any other entity that is or was a party to the merger; and (G) If the surviving or resulting entity is not a domestic cooperative, a statement that such surviving or resulting entity agrees that it may be served with process in this state in any action, suit or proceeding for the enforcement of any obligation of any entity that is a party to the merger, irrevocably appointing the secretary of state as its agent to accept service of process in any such action, suit or proceeding and specifying the address to which a copy of the process shall be mailed to it by the secretary of state. In the event of service hereunder upon the secretary of state, the procedures set forth in § 43-38-111 shall be applicable, except that the plaintiff in any such action, suit or proceeding shall furnish the secretary of state with the address specified in the certificate of merger provided for in this section and any other address that the plaintiff may elect to furnish, together with copies of such process as required by the secretary of state, and the secretary of state shall notify such surviving or resulting other business entity at all addresses furnished by the plaintiff in accordance with the procedures set forth in § 43-38-111 ; (4) For a merger, the articles of the surviving cooperative subject to this chapter are deemed amended to the extent provided in the articles of merger; and (5) Unless a later date is provided in the plan, the merger or consolidation is effective when the articles of merger or consolidation are filed in the office of the secretary of state. (e) The following shall apply to the effect of a merger: (1) After the effective date, the cooperatives or other business entities that are parties to the plan become a single entity. For a merger, the surviving business entity is the business entity designated in the plan. For a consolidation, the new cooperative or other business entity is the business entity provided for in the plan. Except for the surviving or new business entity, the separate existence of all business entities that are parties to the plan cease on the effective date of the merger or consolidation. The articles of merger as filed with the office of the secretary of state shall act as notice of dissolution and articles of termination for a domestic cooperative that is not the surviving or resulting entity in the merger; (2) The surviving or new business entity possesses all of the rights and property of each of the merged or consolidated business entities and is responsible for and assumes all their obligations and duties. The title to property of the merged or consolidated business entity is vested in the surviving or new business entity without reversion or impairment of title caused by the merger or consolidation. All liens upon any property of any of the merged business entities shall be preserved unimpaired and may be enforced against the surviving or resulting entity to the same extent as if the debts, liabilities and duties had been incurred or contracted by the surviving or resulting party; and (3) The right of a creditor may not be impaired by the merger or consolidation without the creditor's consent. (f) The fee to be paid to the secretary of state for filing articles of merger or consolidation shall conform with § 43-38-1103 . Acts 2004, ch. 534, § 31.
(a) Unless otherwise prohibited, cooperatives organized under the laws of this state may merge or consolidate with each other or other business entities organized under the laws of this state or another state by complying with this section or the law of the state where the surviving or new business entity will exist.
(b) To initiate a merger or consolidation of a cooperative, a written plan of merger or consolidation shall be prepared by the board or by a committee selected by the board to prepare a plan. The plan shall state: (1) The names of the constituent cooperatives and other business entities; (2) The name of the surviving or new cooperative or other business entity; (3) The manner and basis of converting membership or ownership interests of the constituent cooperatives or business entities into membership or ownership interests in the surviving or new cooperative or business entity; (4) The terms of the merger or consolidation; (5) The proposed effect of the consolidation or merger on the members and patron members of the cooperative; (6) For a consolidation, the plan shall contain the articles of the entity or organizational documents to be filed with the state in which the entity is organized; and (7) Any other provisions required by the laws under which any party to the merger is organized.
(1) The names of the constituent cooperatives and other business entities;
(2) The name of the surviving or new cooperative or other business entity;
(3) The manner and basis of converting membership or ownership interests of the constituent cooperatives or business entities into membership or ownership interests in the surviving or new cooperative or business entity;
(4) The terms of the merger or consolidation;
(5) The proposed effect of the consolidation or merger on the members and patron members of the cooperative;
(6) For a consolidation, the plan shall contain the articles of the entity or organizational documents to be filed with the state in which the entity is organized; and
(7) Any other provisions required by the laws under which any party to the merger is organized.
(c) The following shall apply to notice: (1) The board shall mail a merger or consolidation or otherwise transmit or deliver notice to each member. The notice shall contain: (A) The full text of the plan; and (B) The time and place of the meeting at which the plan will be considered; and (2) A cooperative with more than two hundred (200) members may provide the merger or consolidation notice in the same manner as a regular members' meeting notice.
(1) The board shall mail a merger or consolidation or otherwise transmit or deliver notice to each member. The notice shall contain: (A) The full text of the plan; and (B) The time and place of the meeting at which the plan will be considered; and
(A) The full text of the plan; and
(B) The time and place of the meeting at which the plan will be considered; and
(2) A cooperative with more than two hundred (200) members may provide the merger or consolidation notice in the same manner as a regular members' meeting notice.
(d) The following shall apply to the adoption of a plan of merger or consolidation: (1) A plan of merger or consolidation is adopted if: (A) The directors recommend the plan of merger or consolidation be approved by the members, unless the directors determine that, because of conflict of interest or due to the special circumstances, it should make no recommendation, in which case the directors shall submit the plan of merger or consolidation to the members of the cooperative for approval without recommendation and, in connection with the submission, shall communicate the basis for its determination that the plan be submitted for approval without any recommendation; (B) A quorum of the members is registered as being present or represented by mail vote at the meeting; and (C) The plan is approved by two-thirds (2/3) of the votes cast, or for a cooperative with articles or bylaws requiring more than two-thirds (2/3) of the votes cast or other conditions for approval, the plan is approved by a proportion of the votes cast or a number of total members as required by the articles or bylaws and the conditions for approval in the articles or bylaws have been satisfied; (2) After the plan has been adopted, articles of merger or consolidation stating the plan and that the plan was adopted according to this chapter shall be signed by the chair, vice-chair, records officer or documents officer of each cooperative merging or consolidating; (3) The articles of merger or consolidation shall be filed in the office of the secretary of state and must set forth: (A) The name, jurisdiction and date of formation or organization of each of the cooperatives or other entities that are a party to the merger; (B) That a plan of merger has been approved and executed by each of the cooperatives and other business entities that are a party to the merger; (C) The name and address of the principal executive office or equivalent thereof, of the surviving or resulting entity into which the other entities will merge; (D) The future effective date or time, which shall be a date or time certain and which shall comply with § 43-38-1109(b) of the merger, if it is not to be effective upon the filing of the plan of merger; (E) That the plan of merger is on file at a place of business of the surviving or resulting entity, and shall state the address thereof; (F) That a copy of the plan of merger will be furnished by the surviving or resulting entity, on request and without cost, to any member of any domestic cooperative or any persons holding an interest in any other entity that is or was a party to the merger; and (G) If the surviving or resulting entity is not a domestic cooperative, a statement that such surviving or resulting entity agrees that it may be served with process in this state in any action, suit or proceeding for the enforcement of any obligation of any entity that is a party to the merger, irrevocably appointing the secretary of state as its agent to accept service of process in any such action, suit or proceeding and specifying the address to which a copy of the process shall be mailed to it by the secretary of state. In the event of service hereunder upon the secretary of state, the procedures set forth in § 43-38-111 shall be applicable, except that the plaintiff in any such action, suit or proceeding shall furnish the secretary of state with the address specified in the certificate of merger provided for in this section and any other address that the plaintiff may elect to furnish, together with copies of such process as required by the secretary of state, and the secretary of state shall notify such surviving or resulting other business entity at all addresses furnished by the plaintiff in accordance with the procedures set forth in § 43-38-111 ; (4) For a merger, the articles of the surviving cooperative subject to this chapter are deemed amended to the extent provided in the articles of merger; and (5) Unless a later date is provided in the plan, the merger or consolidation is effective when the articles of merger or consolidation are filed in the office of the secretary of state.
(1) A plan of merger or consolidation is adopted if: (A) The directors recommend the plan of merger or consolidation be approved by the members, unless the directors determine that, because of conflict of interest or due to the special circumstances, it should make no recommendation, in which case the directors shall submit the plan of merger or consolidation to the members of the cooperative for approval without recommendation and, in connection with the submission, shall communicate the basis for its determination that the plan be submitted for approval without any recommendation; (B) A quorum of the members is registered as being present or represented by mail vote at the meeting; and (C) The plan is approved by two-thirds (2/3) of the votes cast, or for a cooperative with articles or bylaws requiring more than two-thirds (2/3) of the votes cast or other conditions for approval, the plan is approved by a proportion of the votes cast or a number of total members as required by the articles or bylaws and the conditions for approval in the articles or bylaws have been satisfied;
(A) The directors recommend the plan of merger or consolidation be approved by the members, unless the directors determine that, because of conflict of interest or due to the special circumstances, it should make no recommendation, in which case the directors shall submit the plan of merger or consolidation to the members of the cooperative for approval without recommendation and, in connection with the submission, shall communicate the basis for its determination that the plan be submitted for approval without any recommendation;
(B) A quorum of the members is registered as being present or represented by mail vote at the meeting; and
(C) The plan is approved by two-thirds (2/3) of the votes cast, or for a cooperative with articles or bylaws requiring more than two-thirds (2/3) of the votes cast or other conditions for approval, the plan is approved by a proportion of the votes cast or a number of total members as required by the articles or bylaws and the conditions for approval in the articles or bylaws have been satisfied;
(2) After the plan has been adopted, articles of merger or consolidation stating the plan and that the plan was adopted according to this chapter shall be signed by the chair, vice-chair, records officer or documents officer of each cooperative merging or consolidating;
(3) The articles of merger or consolidation shall be filed in the office of the secretary of state and must set forth: (A) The name, jurisdiction and date of formation or organization of each of the cooperatives or other entities that are a party to the merger; (B) That a plan of merger has been approved and executed by each of the cooperatives and other business entities that are a party to the merger; (C) The name and address of the principal executive office or equivalent thereof, of the surviving or resulting entity into which the other entities will merge; (D) The future effective date or time, which shall be a date or time certain and which shall comply with § 43-38-1109(b) of the merger, if it is not to be effective upon the filing of the plan of merger; (E) That the plan of merger is on file at a place of business of the surviving or resulting entity, and shall state the address thereof; (F) That a copy of the plan of merger will be furnished by the surviving or resulting entity, on request and without cost, to any member of any domestic cooperative or any persons holding an interest in any other entity that is or was a party to the merger; and (G) If the surviving or resulting entity is not a domestic cooperative, a statement that such surviving or resulting entity agrees that it may be served with process in this state in any action, suit or proceeding for the enforcement of any obligation of any entity that is a party to the merger, irrevocably appointing the secretary of state as its agent to accept service of process in any such action, suit or proceeding and specifying the address to which a copy of the process shall be mailed to it by the secretary of state. In the event of service hereunder upon the secretary of state, the procedures set forth in § 43-38-111 shall be applicable, except that the plaintiff in any such action, suit or proceeding shall furnish the secretary of state with the address specified in the certificate of merger provided for in this section and any other address that the plaintiff may elect to furnish, together with copies of such process as required by the secretary of state, and the secretary of state shall notify such surviving or resulting other business entity at all addresses furnished by the plaintiff in accordance with the procedures set forth in § 43-38-111 ;
(A) The name, jurisdiction and date of formation or organization of each of the cooperatives or other entities that are a party to the merger;
(B) That a plan of merger has been approved and executed by each of the cooperatives and other business entities that are a party to the merger;
(C) The name and address of the principal executive office or equivalent thereof, of the surviving or resulting entity into which the other entities will merge;
(D) The future effective date or time, which shall be a date or time certain and which shall comply with § 43-38-1109(b) of the merger, if it is not to be effective upon the filing of the plan of merger;
(E) That the plan of merger is on file at a place of business of the surviving or resulting entity, and shall state the address thereof;
(F) That a copy of the plan of merger will be furnished by the surviving or resulting entity, on request and without cost, to any member of any domestic cooperative or any persons holding an interest in any other entity that is or was a party to the merger; and
(G) If the surviving or resulting entity is not a domestic cooperative, a statement that such surviving or resulting entity agrees that it may be served with process in this state in any action, suit or proceeding for the enforcement of any obligation of any entity that is a party to the merger, irrevocably appointing the secretary of state as its agent to accept service of process in any such action, suit or proceeding and specifying the address to which a copy of the process shall be mailed to it by the secretary of state. In the event of service hereunder upon the secretary of state, the procedures set forth in § 43-38-111 shall be applicable, except that the plaintiff in any such action, suit or proceeding shall furnish the secretary of state with the address specified in the certificate of merger provided for in this section and any other address that the plaintiff may elect to furnish, together with copies of such process as required by the secretary of state, and the secretary of state shall notify such surviving or resulting other business entity at all addresses furnished by the plaintiff in accordance with the procedures set forth in § 43-38-111 ;
(4) For a merger, the articles of the surviving cooperative subject to this chapter are deemed amended to the extent provided in the articles of merger; and
(5) Unless a later date is provided in the plan, the merger or consolidation is effective when the articles of merger or consolidation are filed in the office of the secretary of state.
(e) The following shall apply to the effect of a merger: (1) After the effective date, the cooperatives or other business entities that are parties to the plan become a single entity. For a merger, the surviving business entity is the business entity designated in the plan. For a consolidation, the new cooperative or other business entity is the business entity provided for in the plan. Except for the surviving or new business entity, the separate existence of all business entities that are parties to the plan cease on the effective date of the merger or consolidation. The articles of merger as filed with the office of the secretary of state shall act as notice of dissolution and articles of termination for a domestic cooperative that is not the surviving or resulting entity in the merger; (2) The surviving or new business entity possesses all of the rights and property of each of the merged or consolidated business entities and is responsible for and assumes all their obligations and duties. The title to property of the merged or consolidated business entity is vested in the surviving or new business entity without reversion or impairment of title caused by the merger or consolidation. All liens upon any property of any of the merged business entities shall be preserved unimpaired and may be enforced against the surviving or resulting entity to the same extent as if the debts, liabilities and duties had been incurred or contracted by the surviving or resulting party; and (3) The right of a creditor may not be impaired by the merger or consolidation without the creditor's consent.
(1) After the effective date, the cooperatives or other business entities that are parties to the plan become a single entity. For a merger, the surviving business entity is the business entity designated in the plan. For a consolidation, the new cooperative or other business entity is the business entity provided for in the plan. Except for the surviving or new business entity, the separate existence of all business entities that are parties to the plan cease on the effective date of the merger or consolidation. The articles of merger as filed with the office of the secretary of state shall act as notice of dissolution and articles of termination for a domestic cooperative that is not the surviving or resulting entity in the merger;
(2) The surviving or new business entity possesses all of the rights and property of each of the merged or consolidated business entities and is responsible for and assumes all their obligations and duties. The title to property of the merged or consolidated business entity is vested in the surviving or new business entity without reversion or impairment of title caused by the merger or consolidation. All liens upon any property of any of the merged business entities shall be preserved unimpaired and may be enforced against the surviving or resulting entity to the same extent as if the debts, liabilities and duties had been incurred or contracted by the surviving or resulting party; and
(3) The right of a creditor may not be impaired by the merger or consolidation without the creditor's consent.
(f) The fee to be paid to the secretary of state for filing articles of merger or consolidation shall conform with § 43-38-1103 .
Acts 2004, ch. 534, § 31.
Tenn. Code Ann. § 43-8-112 — TN Code / Title 43 / Chapter 8 / Section 43-8-112
Authority vested in commissioner delegable to department of agriculture employees
Status: in_force

All authority vested in the commissioner by virtue of this part and part 2 of this chapter may with like force and effect be executed by such employees of the department of agriculture as the commissioner may from time to time designate for such purpose. Acts 1951, ch. 150, § 11 (Williams, § 6808.17); T.C.A. (orig. ed.), § 43-712.
All authority vested in the commissioner by virtue of this part and part 2 of this chapter may with like force and effect be executed by such employees of the department of agriculture as the commissioner may from time to time designate for such purpose.
Acts 1951, ch. 150, § 11 (Williams, § 6808.17); T.C.A. (orig. ed.), § 43-712.
Tenn. Code Ann. § 43-32-205 — TN Code / Title 43 / Chapter 32 / Section 43-32-205
Applicability - Department powers
Status: in_force

(a) Every commodity dealer or warehouseman required to be licensed by the department, except for commodity dealers who are incidental grain dealers, unsecured, shall be subject to this part. (b) The department shall be empowered to enter into a cooperative agreement with any commodity warehouse licensed under the United States Warehouse Act or with any federal agency to accomplish the purposes of this part. Acts 1989, ch. 232, § 14; 2011, ch. 69, § 1.
(a) Every commodity dealer or warehouseman required to be licensed by the department, except for commodity dealers who are incidental grain dealers, unsecured, shall be subject to this part.
(b) The department shall be empowered to enter into a cooperative agreement with any commodity warehouse licensed under the United States Warehouse Act or with any federal agency to accomplish the purposes of this part.
Acts 1989, ch. 232, § 14; 2011, ch. 69, § 1.
Tenn. Code Ann. § 43-14-203 — TN Code / Title 43 / Chapter 14 / Section 43-14-203
Tennessee soil and water conservation commission - Members - Powers and duties
Status: in_force

(a) There is established the Tennessee soil and water conservation commission to perform the functions conferred upon it in this part. (b) (1) The commission consists of seven (7) members appointed by the governor and four (4) ex officio members. (2) The seven (7) members appointed by the governor include: (A) Two (2) members from the eastern grand division, one (1) of whom must be a farmer or agricultural industry representative and one (1) of whom must be a supervisor; (B) Two (2) members from the middle grand division, one (1) of whom must be a farmer or agricultural industry representative and one (1) of whom must be a supervisor; (C) Two (2) members from the western grand division, one (1) of whom must be a farmer or agricultural industry representative and one (1) of whom must be a supervisor; and (D) One (1) member who is a supervisor from the state at large. (3) (A) The following persons serve as ex officio members of the commission and are voting members: (i) The senior vice president and senior vice chancellor of the University of Tennessee Institute of Agriculture, or the senior vice president and senior vice chancellor's designee; (ii) The commissioner of agriculture, or the commissioner's designee; (iii) The commissioner of environment and conservation, or the commissioner's designee; and (iv) The elected president of the Tennessee association of conservation districts, or the president's designee. (B) An ex officio member holds office so long as the member retains the office by virtue of which such member is serving on the commission. (c) (1) The members of the state soil conservation committee on April 22, 2021 shall continue to serve as members of the commission until the expiration of their terms. (2) After the expiration of the terms of office pursuant to subdivision (c)(1), all members appointed to the commission serve for a term of three (3) years. (d) Whenever a vacancy on the commission exists, the governor shall appoint a member for the remainder of the unexpired term. In making appointments to the commission, the governor shall strive to ensure that at least one (1) person appointed to serve on the commission is sixty (60) years of age or older and that at least one (1) person appointed to serve on the commission is a member of a racial minority. A member appointed as a supervisor member of the commission who ceases to hold the position of supervisor shall continue to serve on the commission until the expiration of such member's term. (e) The commission shall keep a record of its official actions and may perform acts, hold public hearings, and promulgate rules that are necessary for the execution of its functions under this part. Amended by 2021 Tenn. Acts, ch. 203, s 2, eff. 4/22/2021. Acts 1939, ch. 197, § 4; C. Supp. 1950, § 552.4 (Williams, § 552.34); Acts 1957, ch. 158, § 1; T.C.A. (orig. ed.), § 43-1503; Acts 1988, ch. 1013, § 14.
(a) There is established the Tennessee soil and water conservation commission to perform the functions conferred upon it in this part.
(b) (1) The commission consists of seven (7) members appointed by the governor and four (4) ex officio members. (2) The seven (7) members appointed by the governor include: (A) Two (2) members from the eastern grand division, one (1) of whom must be a farmer or agricultural industry representative and one (1) of whom must be a supervisor; (B) Two (2) members from the middle grand division, one (1) of whom must be a farmer or agricultural industry representative and one (1) of whom must be a supervisor; (C) Two (2) members from the western grand division, one (1) of whom must be a farmer or agricultural industry representative and one (1) of whom must be a supervisor; and (D) One (1) member who is a supervisor from the state at large. (3) (A) The following persons serve as ex officio members of the commission and are voting members: (i) The senior vice president and senior vice chancellor of the University of Tennessee Institute of Agriculture, or the senior vice president and senior vice chancellor's designee; (ii) The commissioner of agriculture, or the commissioner's designee; (iii) The commissioner of environment and conservation, or the commissioner's designee; and (iv) The elected president of the Tennessee association of conservation districts, or the president's designee. (B) An ex officio member holds office so long as the member retains the office by virtue of which such member is serving on the commission.
(1) The commission consists of seven (7) members appointed by the governor and four (4) ex officio members.
(2) The seven (7) members appointed by the governor include: (A) Two (2) members from the eastern grand division, one (1) of whom must be a farmer or agricultural industry representative and one (1) of whom must be a supervisor; (B) Two (2) members from the middle grand division, one (1) of whom must be a farmer or agricultural industry representative and one (1) of whom must be a supervisor; (C) Two (2) members from the western grand division, one (1) of whom must be a farmer or agricultural industry representative and one (1) of whom must be a supervisor; and (D) One (1) member who is a supervisor from the state at large.
(A) Two (2) members from the eastern grand division, one (1) of whom must be a farmer or agricultural industry representative and one (1) of whom must be a supervisor;
(B) Two (2) members from the middle grand division, one (1) of whom must be a farmer or agricultural industry representative and one (1) of whom must be a supervisor;
(C) Two (2) members from the western grand division, one (1) of whom must be a farmer or agricultural industry representative and one (1) of whom must be a supervisor; and
(D) One (1) member who is a supervisor from the state at large.
(3) (A) The following persons serve as ex officio members of the commission and are voting members: (i) The senior vice president and senior vice chancellor of the University of Tennessee Institute of Agriculture, or the senior vice president and senior vice chancellor's designee; (ii) The commissioner of agriculture, or the commissioner's designee; (iii) The commissioner of environment and conservation, or the commissioner's designee; and (iv) The elected president of the Tennessee association of conservation districts, or the president's designee. (B) An ex officio member holds office so long as the member retains the office by virtue of which such member is serving on the commission.
(A) The following persons serve as ex officio members of the commission and are voting members: (i) The senior vice president and senior vice chancellor of the University of Tennessee Institute of Agriculture, or the senior vice president and senior vice chancellor's designee; (ii) The commissioner of agriculture, or the commissioner's designee; (iii) The commissioner of environment and conservation, or the commissioner's designee; and (iv) The elected president of the Tennessee association of conservation districts, or the president's designee.
(i) The senior vice president and senior vice chancellor of the University of Tennessee Institute of Agriculture, or the senior vice president and senior vice chancellor's designee;
(ii) The commissioner of agriculture, or the commissioner's designee;
(iii) The commissioner of environment and conservation, or the commissioner's designee; and
(iv) The elected president of the Tennessee association of conservation districts, or the president's designee.
(B) An ex officio member holds office so long as the member retains the office by virtue of which such member is serving on the commission.
(c) (1) The members of the state soil conservation committee on April 22, 2021 shall continue to serve as members of the commission until the expiration of their terms. (2) After the expiration of the terms of office pursuant to subdivision (c)(1), all members appointed to the commission serve for a term of three (3) years.
(1) The members of the state soil conservation committee on April 22, 2021 shall continue to serve as members of the commission until the expiration of their terms.
(2) After the expiration of the terms of office pursuant to subdivision (c)(1), all members appointed to the commission serve for a term of three (3) years.
(d) Whenever a vacancy on the commission exists, the governor shall appoint a member for the remainder of the unexpired term. In making appointments to the commission, the governor shall strive to ensure that at least one (1) person appointed to serve on the commission is sixty (60) years of age or older and that at least one (1) person appointed to serve on the commission is a member of a racial minority. A member appointed as a supervisor member of the commission who ceases to hold the position of supervisor shall continue to serve on the commission until the expiration of such member's term.
(e) The commission shall keep a record of its official actions and may perform acts, hold public hearings, and promulgate rules that are necessary for the execution of its functions under this part.
Amended by 2021 Tenn. Acts, ch. 203, s 2, eff. 4/22/2021.
Acts 1939, ch. 197, § 4; C. Supp. 1950, § 552.4 (Williams, § 552.34); Acts 1957, ch. 158, § 1; T.C.A. (orig. ed.), § 43-1503; Acts 1988, ch. 1013, § 14.
Tenn. Code Ann. § 43-11-116 — TN Code / Title 43 / Chapter 11 / Section 43-11-116
Seizure, condemnation, and sale
Status: in_force

Any lot of commercial fertilizer not in compliance with this part shall be subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the area in which the commercial fertilizer is located. In the event the court finds the commercial fertilizer to be in violation of this part and orders the condemnation of the commercial fertilizer, it shall be disposed of in any manner consistent with the quality of the commercial fertilizer and the laws of the state; provided, that in no instance shall the disposition of the commercial fertilizer be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the commercial fertilizer or for permission to process or re-label the commercial fertilizer to bring it into compliance with this part. Acts 1969, ch. 102, § 16; T.C.A., § 43-1136.
Any lot of commercial fertilizer not in compliance with this part shall be subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the area in which the commercial fertilizer is located. In the event the court finds the commercial fertilizer to be in violation of this part and orders the condemnation of the commercial fertilizer, it shall be disposed of in any manner consistent with the quality of the commercial fertilizer and the laws of the state; provided, that in no instance shall the disposition of the commercial fertilizer be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the commercial fertilizer or for permission to process or re-label the commercial fertilizer to bring it into compliance with this part.
Acts 1969, ch. 102, § 16; T.C.A., § 43-1136.
Tenn. Code Ann. § 43-6-104 — TN Code / Title 43 / Chapter 6 / Section 43-6-104
Rules and regulations - Force and effect
Status: in_force

The commissioner has the power to promulgate such rules and regulations under the authority of this part as may be necessary to prevent the further introduction of insect pests, pest plants, or plant diseases into the state, and to eradicate or suppress and control such insect pests, pest plants, or plant diseases occurring therein. Rules and regulations established under this part shall have the force and effect of law. Acts 1955, ch. 8, § 4; T.C.A., § 43-518; Acts 1995, ch. 330, § 1; 1997, ch. 70, § 4.
The commissioner has the power to promulgate such rules and regulations under the authority of this part as may be necessary to prevent the further introduction of insect pests, pest plants, or plant diseases into the state, and to eradicate or suppress and control such insect pests, pest plants, or plant diseases occurring therein. Rules and regulations established under this part shall have the force and effect of law.
Acts 1955, ch. 8, § 4; T.C.A., § 43-518; Acts 1995, ch. 330, § 1; 1997, ch. 70, § 4.
Tenn. Code Ann. § 43-32-206 — TN Code / Title 43 / Chapter 32 / Section 43-32-206
Assessments - Notice - Refunds - Applicability
Status: in_force

(a) Upon an affirmative vote in the referendum, the commissioner shall notify forthwith by certified mail all persons in this state engaged in the business of purchasing commodities from producers, except for purchasers who are incidental grain dealers, unsecured, that on and after the date specified in the letter, the assessment specified in § 43-32-202 shall be deducted from the producer's payment by the purchaser or the purchaser's agent or representative from the purchase price of the commodities. The assessment so deducted shall, on or before the twentieth day of the month following the end of the month in which the commodities are sold to the purchaser, be remitted by the purchaser to the Tennessee grain indemnity fund. The books and records of all purchasers of commodities, which shall clearly indicate the producer and the amount of the assessment, shall be at all times open for inspection by the commissioner or the commissioner's agents during regular business hours. The commissioner or the commissioner's agents may take such steps as are reasonably necessary to verify the accuracy of books and records of purchasers of commodities. (b) Any producer upon and against whom the assessment is levied and collected under this section, if dissatisfied with the assessment and its result, may demand of and receive from the Tennessee commodity producer indemnity fund a refund of the assessment collected from the producer. Requests for refunds shall be made within ninety (90) days of the date the amount was deducted. By voluntarily submitting to a refund, the producer foregoes any protection or compensation provided by the Tennessee grain indemnity fund. (c) (1) Producers who have requested and received a refund of an assessment pursuant to this part may re-enter the program by petitioning commissioner for approval of re-entry into the program and immediately upon mailing a petition for re-entry to the offices of the department, placing an amount equal to all previous assessment refunds plus interest to that producer in an escrow account in a local bank, the previous assessments and the terms and conditions of the escrow account to be determined by the department. (2) The commissioner shall review the producer's petition for re-entry and, if approved, the producer shall repay into the appropriate indemnity fund all previous assessment refunds as determined by the department. Producers re-entering the program pursuant to this section will be protected by the program ninety (90) days from the time all previous assessment refunds were placed in escrow. (3) No producer will be granted protection of the grain producer indemnity program who has not been a participant in the program prior to meeting the criteria of a claimant. (d) Commodity producers from outside Tennessee shall not be subject to the assessment if they certify to the commodity dealer or warehouseman that they are out-of-state producers. The department shall establish the form to be completed, signed and given to the commodity dealer or warehouseman in order to obtain the exemption. A copy of the form shall be kept as a part of the books and records by the commodity dealer or warehouseman and, in addition, a copy of the form shall be supplied to the department. A commodity producer from outside of Tennessee may be subject to the assessment and therefore awarded all the protection of this part if the producer so chooses and meets the requirements of this part. The commissioner may enter into a reciprocal agreement with a contiguous state having a similar program. (e) The assessments by the department pursuant to this part are in addition to any other fees or assessments required by law. Acts 1989, ch. 232, § 15; 1997, ch. 387, §§ 6 - 10; 2011, ch. 69, § 2.
(a) Upon an affirmative vote in the referendum, the commissioner shall notify forthwith by certified mail all persons in this state engaged in the business of purchasing commodities from producers, except for purchasers who are incidental grain dealers, unsecured, that on and after the date specified in the letter, the assessment specified in § 43-32-202 shall be deducted from the producer's payment by the purchaser or the purchaser's agent or representative from the purchase price of the commodities. The assessment so deducted shall, on or before the twentieth day of the month following the end of the month in which the commodities are sold to the purchaser, be remitted by the purchaser to the Tennessee grain indemnity fund. The books and records of all purchasers of commodities, which shall clearly indicate the producer and the amount of the assessment, shall be at all times open for inspection by the commissioner or the commissioner's agents during regular business hours. The commissioner or the commissioner's agents may take such steps as are reasonably necessary to verify the accuracy of books and records of purchasers of commodities.
(b) Any producer upon and against whom the assessment is levied and collected under this section, if dissatisfied with the assessment and its result, may demand of and receive from the Tennessee commodity producer indemnity fund a refund of the assessment collected from the producer. Requests for refunds shall be made within ninety (90) days of the date the amount was deducted. By voluntarily submitting to a refund, the producer foregoes any protection or compensation provided by the Tennessee grain indemnity fund.
(c) (1) Producers who have requested and received a refund of an assessment pursuant to this part may re-enter the program by petitioning commissioner for approval of re-entry into the program and immediately upon mailing a petition for re-entry to the offices of the department, placing an amount equal to all previous assessment refunds plus interest to that producer in an escrow account in a local bank, the previous assessments and the terms and conditions of the escrow account to be determined by the department. (2) The commissioner shall review the producer's petition for re-entry and, if approved, the producer shall repay into the appropriate indemnity fund all previous assessment refunds as determined by the department. Producers re-entering the program pursuant to this section will be protected by the program ninety (90) days from the time all previous assessment refunds were placed in escrow. (3) No producer will be granted protection of the grain producer indemnity program who has not been a participant in the program prior to meeting the criteria of a claimant.
(1) Producers who have requested and received a refund of an assessment pursuant to this part may re-enter the program by petitioning commissioner for approval of re-entry into the program and immediately upon mailing a petition for re-entry to the offices of the department, placing an amount equal to all previous assessment refunds plus interest to that producer in an escrow account in a local bank, the previous assessments and the terms and conditions of the escrow account to be determined by the department.
(2) The commissioner shall review the producer's petition for re-entry and, if approved, the producer shall repay into the appropriate indemnity fund all previous assessment refunds as determined by the department. Producers re-entering the program pursuant to this section will be protected by the program ninety (90) days from the time all previous assessment refunds were placed in escrow.
(3) No producer will be granted protection of the grain producer indemnity program who has not been a participant in the program prior to meeting the criteria of a claimant.
(d) Commodity producers from outside Tennessee shall not be subject to the assessment if they certify to the commodity dealer or warehouseman that they are out-of-state producers. The department shall establish the form to be completed, signed and given to the commodity dealer or warehouseman in order to obtain the exemption. A copy of the form shall be kept as a part of the books and records by the commodity dealer or warehouseman and, in addition, a copy of the form shall be supplied to the department. A commodity producer from outside of Tennessee may be subject to the assessment and therefore awarded all the protection of this part if the producer so chooses and meets the requirements of this part. The commissioner may enter into a reciprocal agreement with a contiguous state having a similar program.
(e) The assessments by the department pursuant to this part are in addition to any other fees or assessments required by law.
Acts 1989, ch. 232, § 15; 1997, ch. 387, §§ 6 - 10; 2011, ch. 69, § 2.
Tenn. Code Ann. § 43-18-101 — TN Code / Title 43 / Chapter 18 / Section 43-18-101
Record to be made of purchases of seed cotton, loose or unbaled cotton, or cotton seed
Status: in_force

Any person purchasing cotton seed or seed cotton from anyone selling cotton seed or seed cotton in bags or baskets or any other cotton not baled shall keep a book in which that person shall keep a record of all cotton and cotton seed bought, and shall promptly enter the name and residence of all persons from whom the person buys cotton or cotton seed, followed by date of purchase, number of pounds bought, the amount paid for cotton of each kind, how the payment was made, whether by cash or check, whether it was raised or purchased by the seller, on whose farm raised, whether seller is renter or sharecropper, if mortgaged or otherwise encumbered and to whom. The entries are to be made in chronological order from day to day as the business is transacted. This book shall at all times be open to inspection of the police or other officers, or any person who may desire to see the book, and shall be in good faith kept and preserved by such dealers for convenient inspection. Acts 1903, ch. 525, § 1; 1911, ch. 14, § 1; Shan., §§ 6800a3, 6800a6; Acts 1929, ch. 59, § 1; mod. Code 1932, §§ 5754, 11264; modified; T.C.A. (orig. ed.), § 43-2001.
Any person purchasing cotton seed or seed cotton from anyone selling cotton seed or seed cotton in bags or baskets or any other cotton not baled shall keep a book in which that person shall keep a record of all cotton and cotton seed bought, and shall promptly enter the name and residence of all persons from whom the person buys cotton or cotton seed, followed by date of purchase, number of pounds bought, the amount paid for cotton of each kind, how the payment was made, whether by cash or check, whether it was raised or purchased by the seller, on whose farm raised, whether seller is renter or sharecropper, if mortgaged or otherwise encumbered and to whom. The entries are to be made in chronological order from day to day as the business is transacted. This book shall at all times be open to inspection of the police or other officers, or any person who may desire to see the book, and shall be in good faith kept and preserved by such dealers for convenient inspection.
Acts 1903, ch. 525, § 1; 1911, ch. 14, § 1; Shan., §§ 6800a3, 6800a6; Acts 1929, ch. 59, § 1; mod. Code 1932, §§ 5754, 11264; modified; T.C.A. (orig. ed.), § 43-2001.
Tenn. Code Ann. § 43-20-214 — TN Code / Title 43 / Chapter 20 / Section 43-20-214
Waiver of assessment
Status: in_force

Upon the effective date of an assessment levied pursuant to this part, the commissioner may waive the assessment imposed in § 43-20-103(a) . It is the express intent of the general assembly that only one (1) assessment for the promotion of soybeans be in effect at any time. Acts 1985, ch. 108, § 14.
Upon the effective date of an assessment levied pursuant to this part, the commissioner may waive the assessment imposed in § 43-20-103(a) . It is the express intent of the general assembly that only one (1) assessment for the promotion of soybeans be in effect at any time.
Acts 1985, ch. 108, § 14.
Tenn. Code Ann. § 43-16-144 — TN Code / Title 43 / Chapter 16 / Section 43-16-144
General corporation laws applicable - Exception
Status: in_force

The general corporation laws and all powers and rights under those laws apply to the associations organized under this chapter, except where such provisions are in conflict or inconsistent with the express provisions of this chapter. Acts 1923, ch. 100, § 29; Shan. Supp., § 2534a71; Code 1932, §3827; T.C.A. (orig. ed.), § 43-1845.
The general corporation laws and all powers and rights under those laws apply to the associations organized under this chapter, except where such provisions are in conflict or inconsistent with the express provisions of this chapter.
Acts 1923, ch. 100, § 29; Shan. Supp., § 2534a71; Code 1932, §3827; T.C.A. (orig. ed.), § 43-1845.
Tenn. Code Ann. § 43-14-207 — TN Code / Title 43 / Chapter 14 / Section 43-14-207
Petition for soil and water conservation district - Hearing - Determination - Referendum
Status: in_force

(a) Any twenty-five (25) landowners within the limits of the territory proposed to be organized into a district may file a petition with the commission requesting that a soil and water conservation district be organized for the territory described in the petition. The description is sufficient if generally accurate and the commission shall not require the description to be given by metes and bounds or by legal subdivision. (b) Where more than one (1) petition is filed covering parts of the same territory, the commission may consolidate the petitions. (c) Within sixty (60) days after a petition is filed with the commission, the commission shall give notice of a proposed hearing regarding the desirability and necessity, in the interest of public health, safety, and welfare, of the creation of the proposed district, the appropriate boundaries for the district, the propriety of the petition and other proceedings under this part, and any related questions. All landowners and land occupiers within the limits of the territory described in the petition and any territory considered for addition to the described territory and any other interested parties shall have the right to attend the proposed hearings and to be heard. If, at the hearing, it appears that it may be desirable to include, within the proposed district, territory outside of the area regarding which notice of the hearing has been given, the hearing shall be adjourned, and the commission shall hold a further hearing following the commission's provision of notice of such further hearing throughout the area considered for inclusion in the district. (d) (1) If, after the hearing, the commission determines that, based upon the facts presented at the hearing and any other relevant facts and information, there is a need, in the interest of public health, safety, and welfare, for a soil and water conservation district in the territory considered at the hearing, the commission shall make and record this determination, and shall define, by metes and bounds or by legal subdivision, the boundaries of such district. In making this determination and defining the district's boundaries, the commission shall give due weight and consideration to the topography of the area considered and of the state, the composition of soils therein, the distribution of erosion, the prevailing land-use practices, the desirability and necessity of including within the boundaries the particular lands under consideration and the benefits the lands may receive from being included within such boundaries, the relation of the proposed area to existing watersheds and agricultural regions and to other soil and water conservation districts already organized or proposed for organization under this part, and any other relevant physical, geographical, and economic factors. The territory to be included within the district need not be contiguous. (2) If, after the hearing and due consideration of the relevant facts, the commission determines that there is no need for a district in the territory considered at the hearing, it shall make and record this determination and shall deny the petition. After six (6) months have expired from the date of the denial of any such petition, subsequent petitions covering the same or substantially the same territory may be filed, considered, and determined in accordance with this section. (e) After the commission has made and recorded a determination that there is a need, in the interest of public health, safety, and welfare, for the organization of a district in a particular territory and has defined the boundaries of the district, the commission shall consider whether the operation of a district within those boundaries, with the powers conferred upon districts by this part, is administratively practicable and feasible. (f) To assist the commission in the determination of administrative practicability and feasibility under subsection (e), the commission shall, within a reasonable time after finding that there is a need for the proposed district and determining its boundaries, hold a referendum within the proposed district regarding the creation of the district and cause notice of the referendum to be given. Only landowners within the boundaries of the territory, as determined by the commission, are eligible to vote in the referendum. (g) A duly organized local soil conservation district in existence on April 22, 2021 continues to exist as a soil and water conservation district, and supervisors of a district serving on April 22, 2021 continue to serve as the supervisors of the district until the expiration of their terms. Amended by 2021 Tenn. Acts, ch. 203, s 2, eff. 4/22/2021. Acts 1939, ch. 197, § 5; C. Supp. 1950, § 552.5 (Williams, § 552.35); T.C.A. (orig. ed.), § 43-1507.
(a) Any twenty-five (25) landowners within the limits of the territory proposed to be organized into a district may file a petition with the commission requesting that a soil and water conservation district be organized for the territory described in the petition. The description is sufficient if generally accurate and the commission shall not require the description to be given by metes and bounds or by legal subdivision.
(b) Where more than one (1) petition is filed covering parts of the same territory, the commission may consolidate the petitions.
(c) Within sixty (60) days after a petition is filed with the commission, the commission shall give notice of a proposed hearing regarding the desirability and necessity, in the interest of public health, safety, and welfare, of the creation of the proposed district, the appropriate boundaries for the district, the propriety of the petition and other proceedings under this part, and any related questions. All landowners and land occupiers within the limits of the territory described in the petition and any territory considered for addition to the described territory and any other interested parties shall have the right to attend the proposed hearings and to be heard. If, at the hearing, it appears that it may be desirable to include, within the proposed district, territory outside of the area regarding which notice of the hearing has been given, the hearing shall be adjourned, and the commission shall hold a further hearing following the commission's provision of notice of such further hearing throughout the area considered for inclusion in the district.
(d) (1) If, after the hearing, the commission determines that, based upon the facts presented at the hearing and any other relevant facts and information, there is a need, in the interest of public health, safety, and welfare, for a soil and water conservation district in the territory considered at the hearing, the commission shall make and record this determination, and shall define, by metes and bounds or by legal subdivision, the boundaries of such district. In making this determination and defining the district's boundaries, the commission shall give due weight and consideration to the topography of the area considered and of the state, the composition of soils therein, the distribution of erosion, the prevailing land-use practices, the desirability and necessity of including within the boundaries the particular lands under consideration and the benefits the lands may receive from being included within such boundaries, the relation of the proposed area to existing watersheds and agricultural regions and to other soil and water conservation districts already organized or proposed for organization under this part, and any other relevant physical, geographical, and economic factors. The territory to be included within the district need not be contiguous. (2) If, after the hearing and due consideration of the relevant facts, the commission determines that there is no need for a district in the territory considered at the hearing, it shall make and record this determination and shall deny the petition. After six (6) months have expired from the date of the denial of any such petition, subsequent petitions covering the same or substantially the same territory may be filed, considered, and determined in accordance with this section.
(1) If, after the hearing, the commission determines that, based upon the facts presented at the hearing and any other relevant facts and information, there is a need, in the interest of public health, safety, and welfare, for a soil and water conservation district in the territory considered at the hearing, the commission shall make and record this determination, and shall define, by metes and bounds or by legal subdivision, the boundaries of such district. In making this determination and defining the district's boundaries, the commission shall give due weight and consideration to the topography of the area considered and of the state, the composition of soils therein, the distribution of erosion, the prevailing land-use practices, the desirability and necessity of including within the boundaries the particular lands under consideration and the benefits the lands may receive from being included within such boundaries, the relation of the proposed area to existing watersheds and agricultural regions and to other soil and water conservation districts already organized or proposed for organization under this part, and any other relevant physical, geographical, and economic factors. The territory to be included within the district need not be contiguous.
(2) If, after the hearing and due consideration of the relevant facts, the commission determines that there is no need for a district in the territory considered at the hearing, it shall make and record this determination and shall deny the petition. After six (6) months have expired from the date of the denial of any such petition, subsequent petitions covering the same or substantially the same territory may be filed, considered, and determined in accordance with this section.
(e) After the commission has made and recorded a determination that there is a need, in the interest of public health, safety, and welfare, for the organization of a district in a particular territory and has defined the boundaries of the district, the commission shall consider whether the operation of a district within those boundaries, with the powers conferred upon districts by this part, is administratively practicable and feasible.
(f) To assist the commission in the determination of administrative practicability and feasibility under subsection (e), the commission shall, within a reasonable time after finding that there is a need for the proposed district and determining its boundaries, hold a referendum within the proposed district regarding the creation of the district and cause notice of the referendum to be given. Only landowners within the boundaries of the territory, as determined by the commission, are eligible to vote in the referendum.
(g) A duly organized local soil conservation district in existence on April 22, 2021 continues to exist as a soil and water conservation district, and supervisors of a district serving on April 22, 2021 continue to serve as the supervisors of the district until the expiration of their terms.
Amended by 2021 Tenn. Acts, ch. 203, s 2, eff. 4/22/2021.
Acts 1939, ch. 197, § 5; C. Supp. 1950, § 552.5 (Williams, § 552.35); T.C.A. (orig. ed.), § 43-1507.
Tenn. Code Ann. § 43-32-201 — TN Code / Title 43 / Chapter 32 / Section 43-32-201
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Commodity Producer Indemnity Law." Acts 1989, ch. 232, § 11.
This part shall be known and may be cited as the "Tennessee Commodity Producer Indemnity Law."
Acts 1989, ch. 232, § 11.
Tenn. Code Ann. § 43-32-202 — TN Code / Title 43 / Chapter 32 / Section 43-32-202
Purpose - Tennessee grain indemnity fund
Status: in_force

It is the purpose of this part to promote the state's welfare by improving the economic stability of agriculture. It is declared to be in the public interest and highly advantageous to the agricultural economy of the state that producers of grain be permitted, by referendum, to levy upon themselves an assessment of one cent (1¢) per bushel on soybeans and one-half cent (½¢) per bushel on all other grain, and provide for the collection of the assessment for the purpose of financing or contributing to the financing of the Tennessee grain indemnity fund, which is created as a separate fund within the department of agriculture to protect commodity producers in the event of the financial failure of a commodity dealer or warehouseman, and to ensure the existence of adequate funds so the commodity producers and claimants may be compensated for losses occasioned by the failure of a commodity dealer or warehouseman. Acts 1989, ch. 232, § 11; 1997 , ch. 387, § 2.
It is the purpose of this part to promote the state's welfare by improving the economic stability of agriculture. It is declared to be in the public interest and highly advantageous to the agricultural economy of the state that producers of grain be permitted, by referendum, to levy upon themselves an assessment of one cent (1¢) per bushel on soybeans and one-half cent (½¢) per bushel on all other grain, and provide for the collection of the assessment for the purpose of financing or contributing to the financing of the Tennessee grain indemnity fund, which is created as a separate fund within the department of agriculture to protect commodity producers in the event of the financial failure of a commodity dealer or warehouseman, and to ensure the existence of adequate funds so the commodity producers and claimants may be compensated for losses occasioned by the failure of a commodity dealer or warehouseman.
Acts 1989, ch. 232, § 11; 1997 , ch. 387, § 2.
Tenn. Code Ann. § 43-21-104 — TN Code / Title 43 / Chapter 21 / Section 43-21-104
Chapter definitions
Status: in_force

For the purpose of this chapter, unless the context otherwise requires: (1) "Community fair" means a fair serving an area of less than an entire county, at which are exhibited, in a manner satisfactory to the commissioner of agriculture, with cash premiums being paid to the exhibitors thereof, agricultural products produced in the area served; (2) "County fair" means a fair serving an entire county; (3) "District fair" means a fair serving at least five (5) counties but less than an entire grand division of the state and paying not less than a minimum of seven thousand dollars ($7,000) in cash premiums; and (4) "Division fair" means a fair serving a major region of the state and paying more than twenty thousand dollars ($20,000) in premiums. Acts 1949, ch. 156, § 3; C. Supp. 1950, § 552.35 (Williams, § 552.58); Acts 1957, ch. 261, § 2; 1976, ch. 633, § 1; T.C.A. (orig. ed.), § 43-2404.
For the purpose of this chapter, unless the context otherwise requires:
(1) "Community fair" means a fair serving an area of less than an entire county, at which are exhibited, in a manner satisfactory to the commissioner of agriculture, with cash premiums being paid to the exhibitors thereof, agricultural products produced in the area served;
(2) "County fair" means a fair serving an entire county;
(3) "District fair" means a fair serving at least five (5) counties but less than an entire grand division of the state and paying not less than a minimum of seven thousand dollars ($7,000) in cash premiums; and
(4) "Division fair" means a fair serving a major region of the state and paying more than twenty thousand dollars ($20,000) in premiums.
Acts 1949, ch. 156, § 3; C. Supp. 1950, § 552.35 (Williams, § 552.58); Acts 1957, ch. 261, § 2; 1976, ch. 633, § 1; T.C.A. (orig. ed.), § 43-2404.
Tenn. Code Ann. § 43-11-108 — TN Code / Title 43 / Chapter 11 / Section 43-11-108
Inspection, sampling, analysis
Status: in_force

(a) It is the duty of the commissioner or the commissioner's agent to sample, inspect, make analysis of, and test commercial fertilizer distributed within this state, and the commissioner or agent is authorized to enter upon any public or private premises or carriers at a time and place and to such extent as the commissioner or agent may deem necessary to determine whether their commercial fertilizers are in compliance with this part. (b) The methods of analysis and sampling shall be those adopted by the official from sources such as the Association of Official Analytical Chemists Journal. (c) The commissioner, in determining for administrative purposes whether any commercial fertilizer is deficient in plant food, shall be guided solely by the official sample as defined in § 43-11-103 , and obtained and analyzed as provided for in subsection (b). (d) The results of official analysis of any commercial fertilizer that has been found to be subject to penalty or other legal action shall be forwarded by the commissioner to the registrant at least ten (10) days before the report is submitted to the purchaser. If during that period no adequate evidence to the contrary is made available to the commissioner, the report shall become official. Upon request, the commissioner shall furnish to the registrant a portion of any sample found subject to penalty or other legal action. Acts 1969, ch. 102, § 8; T.C.A., § 43-1128; Acts 1986, ch. 659, § 7.
(a) It is the duty of the commissioner or the commissioner's agent to sample, inspect, make analysis of, and test commercial fertilizer distributed within this state, and the commissioner or agent is authorized to enter upon any public or private premises or carriers at a time and place and to such extent as the commissioner or agent may deem necessary to determine whether their commercial fertilizers are in compliance with this part.
(b) The methods of analysis and sampling shall be those adopted by the official from sources such as the Association of Official Analytical Chemists Journal.
(c) The commissioner, in determining for administrative purposes whether any commercial fertilizer is deficient in plant food, shall be guided solely by the official sample as defined in § 43-11-103 , and obtained and analyzed as provided for in subsection (b).
(d) The results of official analysis of any commercial fertilizer that has been found to be subject to penalty or other legal action shall be forwarded by the commissioner to the registrant at least ten (10) days before the report is submitted to the purchaser. If during that period no adequate evidence to the contrary is made available to the commissioner, the report shall become official. Upon request, the commissioner shall furnish to the registrant a portion of any sample found subject to penalty or other legal action.
Acts 1969, ch. 102, § 8; T.C.A., § 43-1128; Acts 1986, ch. 659, § 7.
Tenn. Code Ann. § 43-22-103 — TN Code / Title 43 / Chapter 22 / Section 43-22-103
Federation's permission to use words - Methods of exercising
Status: in_force

The Tennessee Farm Bureau Federation may authorize its affiliate or associate organizations, services, or activities to use the words "farm bureau" by resolution duly adopted and spread upon the minutes of its board of directors, a certified copy of which shall be filed with the secretary of state before these words shall be used by any other than the Tennessee Farm Bureau Federation. Acts 1949, ch. 46, § 3; C. Supp. 1950, § 552.44 (Williams, § 11412.18); T.C.A. (orig. ed.), § 43-2303.
The Tennessee Farm Bureau Federation may authorize its affiliate or associate organizations, services, or activities to use the words "farm bureau" by resolution duly adopted and spread upon the minutes of its board of directors, a certified copy of which shall be filed with the secretary of state before these words shall be used by any other than the Tennessee Farm Bureau Federation.
Acts 1949, ch. 46, § 3; C. Supp. 1950, § 552.44 (Williams, § 11412.18); T.C.A. (orig. ed.), § 43-2303.
Tenn. Code Ann. § 43-38-605 — TN Code / Title 43 / Chapter 38 / Section 43-38-605
Number of directors
Status: in_force

The board shall have not less than three (3) directors. Acts 2004, ch. 534, § 25.
The board shall have not less than three (3) directors.
Acts 2004, ch. 534, § 25.
Tenn. Code Ann. § 43-27-205 — TN Code / Title 43 / Chapter 27 / Section 43-27-205
Responsibilities of the department of agriculture - Responsibilities of the department of revenue - Annual reports
Status: in_force

(a) The department of agriculture is responsible for: (1) Issuing licenses to suppliers and retailers under this part; (2) Overseeing the manufacture and distribution of hemp-derived cannabinoid products by licensed suppliers, including ensuring compliance with labeling, product testing, and transportation requirements and conducting necessary inspections, prior to a product's delivery or sale to a retailer; and (3) Conducting random, unannounced inspections at locations where hemp-derived cannabinoids and products containing hemp-derived cannabinoids are manufactured, distributed, or sold to ensure compliance with this part. (b) The department of revenue: (1) Is responsible for ensuring retailers are in compliance with this part and applicable tax provisions under title 67, including § 67-6-232 ; (2) Shall enforce this part in a manner that may reasonably be expected to reduce the extent to which non-compliant hemp-derived cannabinoid products are sold and shall conduct random, unannounced inspections at retail locations where such products are sold to ensure compliance with this part. The department of revenue shall determine the frequency of random, unannounced inspections required under this subdivision (b)(2); and (3) Is authorized to confiscate non-compliant hemp-derived cannabinoid products as contraband in the manner described in title 53, chapter 11. All products that the department of revenue confiscates under this subdivision (b)(3) are subject to seizure and forfeiture pursuant to § 53-11-451 . (c) Each department shall submit an annual report to the general assembly describing in detail the department's compliance and enforcement efforts under this part. The report must also be published and made available to the public on each department's website. Added by 2023 Tenn. Acts, ch. 423, s 1, eff. 7/1/2024.
(a) The department of agriculture is responsible for: (1) Issuing licenses to suppliers and retailers under this part; (2) Overseeing the manufacture and distribution of hemp-derived cannabinoid products by licensed suppliers, including ensuring compliance with labeling, product testing, and transportation requirements and conducting necessary inspections, prior to a product's delivery or sale to a retailer; and (3) Conducting random, unannounced inspections at locations where hemp-derived cannabinoids and products containing hemp-derived cannabinoids are manufactured, distributed, or sold to ensure compliance with this part.
(1) Issuing licenses to suppliers and retailers under this part;
(2) Overseeing the manufacture and distribution of hemp-derived cannabinoid products by licensed suppliers, including ensuring compliance with labeling, product testing, and transportation requirements and conducting necessary inspections, prior to a product's delivery or sale to a retailer; and
(3) Conducting random, unannounced inspections at locations where hemp-derived cannabinoids and products containing hemp-derived cannabinoids are manufactured, distributed, or sold to ensure compliance with this part.
(b) The department of revenue: (1) Is responsible for ensuring retailers are in compliance with this part and applicable tax provisions under title 67, including § 67-6-232 ; (2) Shall enforce this part in a manner that may reasonably be expected to reduce the extent to which non-compliant hemp-derived cannabinoid products are sold and shall conduct random, unannounced inspections at retail locations where such products are sold to ensure compliance with this part. The department of revenue shall determine the frequency of random, unannounced inspections required under this subdivision (b)(2); and (3) Is authorized to confiscate non-compliant hemp-derived cannabinoid products as contraband in the manner described in title 53, chapter 11. All products that the department of revenue confiscates under this subdivision (b)(3) are subject to seizure and forfeiture pursuant to § 53-11-451 .
(1) Is responsible for ensuring retailers are in compliance with this part and applicable tax provisions under title 67, including § 67-6-232 ;
(2) Shall enforce this part in a manner that may reasonably be expected to reduce the extent to which non-compliant hemp-derived cannabinoid products are sold and shall conduct random, unannounced inspections at retail locations where such products are sold to ensure compliance with this part. The department of revenue shall determine the frequency of random, unannounced inspections required under this subdivision (b)(2); and
(3) Is authorized to confiscate non-compliant hemp-derived cannabinoid products as contraband in the manner described in title 53, chapter 11. All products that the department of revenue confiscates under this subdivision (b)(3) are subject to seizure and forfeiture pursuant to § 53-11-451 .
(c) Each department shall submit an annual report to the general assembly describing in detail the department's compliance and enforcement efforts under this part. The report must also be published and made available to the public on each department's website.
Added by 2023 Tenn. Acts, ch. 423, s 1, eff. 7/1/2024.
Tenn. Code Ann. § 43-32-104 — TN Code / Title 43 / Chapter 32 / Section 43-32-104
Warehouse receipts
Status: in_force

(a) The commissioner shall prescribe the form of all warehouse receipts, and no other character or form of warehouse receipt shall be issued except those so authorized. (b) Receipts must be issued for all commodities stored in a warehouse. Receipts need not be issued against nonstorage commodities, but each warehouseman shall keep accurate records of the weights, kinds, and grades, if graded, of all lots of nonstorage commodities received into and delivered from the warehouseman's warehouse. (c) (1) No warehouse receipt shall be issued except on actual delivery of commodities into storage in the warehouse from which it purports to be issued, nor shall any receipt be issued for a greater quantity of commodities than was contained in the lot or parcel so received from storage, nor shall more than one (1) receipt be issued for the same lot of commodities, except in cases where a receipt for a part of a lot is desired, and then the aggregate receipts for a particular lot shall cover that lot and no more. (2) No warehouseman shall issue or aid the issuance of a receipt for commodities knowing that the commodities for which the receipt is issued and has not actually been received by the warehouseman or that the commodities are not under the warehouseman's actual control at the time of issuing the receipt. Acts 1989, ch. 232, § 4.
(a) The commissioner shall prescribe the form of all warehouse receipts, and no other character or form of warehouse receipt shall be issued except those so authorized.
(b) Receipts must be issued for all commodities stored in a warehouse. Receipts need not be issued against nonstorage commodities, but each warehouseman shall keep accurate records of the weights, kinds, and grades, if graded, of all lots of nonstorage commodities received into and delivered from the warehouseman's warehouse.
(c) (1) No warehouse receipt shall be issued except on actual delivery of commodities into storage in the warehouse from which it purports to be issued, nor shall any receipt be issued for a greater quantity of commodities than was contained in the lot or parcel so received from storage, nor shall more than one (1) receipt be issued for the same lot of commodities, except in cases where a receipt for a part of a lot is desired, and then the aggregate receipts for a particular lot shall cover that lot and no more. (2) No warehouseman shall issue or aid the issuance of a receipt for commodities knowing that the commodities for which the receipt is issued and has not actually been received by the warehouseman or that the commodities are not under the warehouseman's actual control at the time of issuing the receipt.
(1) No warehouse receipt shall be issued except on actual delivery of commodities into storage in the warehouse from which it purports to be issued, nor shall any receipt be issued for a greater quantity of commodities than was contained in the lot or parcel so received from storage, nor shall more than one (1) receipt be issued for the same lot of commodities, except in cases where a receipt for a part of a lot is desired, and then the aggregate receipts for a particular lot shall cover that lot and no more.
(2) No warehouseman shall issue or aid the issuance of a receipt for commodities knowing that the commodities for which the receipt is issued and has not actually been received by the warehouseman or that the commodities are not under the warehouseman's actual control at the time of issuing the receipt.
Acts 1989, ch. 232, § 4.
Tenn. Code Ann. § 43-38-1018 — TN Code / Title 43 / Chapter 38 / Section 43-38-1018
Procedure for judicial dissolution
Status: in_force

(a) In dissolution proceedings, before a hearing is completed, the court may: (1) Issue injunctions; (2) Appoint receivers with all powers and duties that the court directs; (3) Take actions required to preserve the cooperative's assets wherever located; and (4) Carry on the business of the cooperative. (b) After a hearing is completed, on notice the court directs to be given to parties to the proceedings and to other parties in interest designated by the court, the court may appoint a receiver to collect the cooperative's assets, including amounts owing to the cooperative by subscribers on account of an unpaid portion of the consideration for the issuance of shares. A receiver has authority, subject to the order of the court, to continue the business of the cooperative and to sell, lease, transfer, or otherwise dispose of the property and assets of the cooperative either at public or private sale. (c) The assets of the cooperative or the proceeds resulting from a sale, lease, transfer, or other disposition shall be applied in the following order of priority: (1) The costs and expenses of the proceedings, including attorneys' fees and disbursements; (2) Debts, taxes and assessments due the United States, this state and other states in that order; (3) Claims duly proved and allowed to employees under the workers' compensation act, except that claims under this clause may not be allowed if the cooperative has carried workers' compensation insurance, as provided by law, at the time the injury was sustained; (4) Claims, including the value of all compensation paid in a medium other than money, proved and allowed to employees for services performed within three (3) months preceding the appointment of the receiver, if any; and (5) Other claims proved and allowed. (d) After payment of the expenses of receivership and claims of creditors are proved, the remaining assets, if any, may be distributed to the members or distributed pursuant to an approved liquidation plan. Acts 2004, ch. 534, § 32.
(a) In dissolution proceedings, before a hearing is completed, the court may: (1) Issue injunctions; (2) Appoint receivers with all powers and duties that the court directs; (3) Take actions required to preserve the cooperative's assets wherever located; and (4) Carry on the business of the cooperative.
(1) Issue injunctions;
(2) Appoint receivers with all powers and duties that the court directs;
(3) Take actions required to preserve the cooperative's assets wherever located; and
(4) Carry on the business of the cooperative.
(b) After a hearing is completed, on notice the court directs to be given to parties to the proceedings and to other parties in interest designated by the court, the court may appoint a receiver to collect the cooperative's assets, including amounts owing to the cooperative by subscribers on account of an unpaid portion of the consideration for the issuance of shares. A receiver has authority, subject to the order of the court, to continue the business of the cooperative and to sell, lease, transfer, or otherwise dispose of the property and assets of the cooperative either at public or private sale.
(c) The assets of the cooperative or the proceeds resulting from a sale, lease, transfer, or other disposition shall be applied in the following order of priority: (1) The costs and expenses of the proceedings, including attorneys' fees and disbursements; (2) Debts, taxes and assessments due the United States, this state and other states in that order; (3) Claims duly proved and allowed to employees under the workers' compensation act, except that claims under this clause may not be allowed if the cooperative has carried workers' compensation insurance, as provided by law, at the time the injury was sustained; (4) Claims, including the value of all compensation paid in a medium other than money, proved and allowed to employees for services performed within three (3) months preceding the appointment of the receiver, if any; and (5) Other claims proved and allowed.
(1) The costs and expenses of the proceedings, including attorneys' fees and disbursements;
(2) Debts, taxes and assessments due the United States, this state and other states in that order;
(3) Claims duly proved and allowed to employees under the workers' compensation act, except that claims under this clause may not be allowed if the cooperative has carried workers' compensation insurance, as provided by law, at the time the injury was sustained;
(4) Claims, including the value of all compensation paid in a medium other than money, proved and allowed to employees for services performed within three (3) months preceding the appointment of the receiver, if any; and
(5) Other claims proved and allowed.
(d) After payment of the expenses of receivership and claims of creditors are proved, the remaining assets, if any, may be distributed to the members or distributed pursuant to an approved liquidation plan.
Acts 2004, ch. 534, § 32.
Tenn. Code Ann. § 43-19-108 — TN Code / Title 43 / Chapter 19 / Section 43-19-108
Breaking irons for inspection, and screws for cooperage
Status: in_force

The proprietor shall also keep the necessary breaking irons for the proper inspection of tobacco, and screws for the proper cooperage and return of loose tobacco to the hogshead after inspection. Acts 1870-1871, ch. 65, § 7; Shan., § 3386; Code 1932, § 6483; T.C.A. (orig. ed.), § 43-2108.
The proprietor shall also keep the necessary breaking irons for the proper inspection of tobacco, and screws for the proper cooperage and return of loose tobacco to the hogshead after inspection.
Acts 1870-1871, ch. 65, § 7; Shan., § 3386; Code 1932, § 6483; T.C.A. (orig. ed.), § 43-2108.
Tenn. Code Ann. § 43-6-404 — TN Code / Title 43 / Chapter 6 / Section 43-6-404
Commissioner - Powers
Status: in_force

The commissioner may enter cotton fields and other premises in order to carry out such activities, including, but not limited to, treatment with pesticides, and monitoring as may be necessary to carry out this part. The commissioner may inspect any fields or premises in this state and any property located in or on any fields or premises in this state for the purpose of determining whether the property is infested. Such inspection and other activities may be conducted at any reasonable hours falling between sunrise and sunset. Acts 1989, ch. 350, § 4.
The commissioner may enter cotton fields and other premises in order to carry out such activities, including, but not limited to, treatment with pesticides, and monitoring as may be necessary to carry out this part. The commissioner may inspect any fields or premises in this state and any property located in or on any fields or premises in this state for the purpose of determining whether the property is infested. Such inspection and other activities may be conducted at any reasonable hours falling between sunrise and sunset.
Acts 1989, ch. 350, § 4.
Tenn. Code Ann. § 43-18-103 — TN Code / Title 43 / Chapter 18 / Section 43-18-103
Violation of Section 43-18-101 or Section 43-18-102 a misdemeanor - Penalty
Status: in_force

A violation of any of the provisions of § 43-18-101 or § 43-18-102 is a Class C misdemeanor. Acts 1911, ch. 14, § 2; Shan., § 6800a7; Acts 1929, ch. 59, §2; mod. Code 1932, §§ 5755, 11266; T.C.A. (orig. ed.), § 43-2003; Acts 1989, ch. 591, § 113.
A violation of any of the provisions of § 43-18-101 or § 43-18-102 is a Class C misdemeanor.
Acts 1911, ch. 14, § 2; Shan., § 6800a7; Acts 1929, ch. 59, §2; mod. Code 1932, §§ 5755, 11266; T.C.A. (orig. ed.), § 43-2003; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 43-40-104 — TN Code / Title 43 / Chapter 40 / Section 43-40-104
Incentives
Status: in_force

Incentives to directly support the purchase of forest products shall be approved by the commissioner through a fair and equitable process prior to being awarded. The process shall be open to individuals and both new and existing partnerships, corporations, associations, or other legal entities. Acts 2010, ch. 686, § 1.
Incentives to directly support the purchase of forest products shall be approved by the commissioner through a fair and equitable process prior to being awarded. The process shall be open to individuals and both new and existing partnerships, corporations, associations, or other legal entities.
Acts 2010, ch. 686, § 1.
Tenn. Code Ann. § 43-38-612 — TN Code / Title 43 / Chapter 38 / Section 43-38-612
Meetings of the board of directors - Place - Electronic communication - Special meetings - Notice - Waiver of notice
Status: in_force

(a) Meetings of the board of directors may be held from time to time as provided in the articles or bylaws at any place within or without the state that the board of directors may select or by any means described in subsection (b). If the board of directors fails to select a place for a meeting, the meeting must be held at the principal executive office, unless the articles or bylaws provide otherwise. (b) (1) Unless the articles or bylaws provide otherwise, the board of directors may permit any or all directors to participate by or conduct the meeting through the use of any means of communication by which all directors participating may simultaneously hear each other during the meeting. A director participating in a meeting by this means is deemed to be present in person at the meeting and the minutes may reflect this. (2) A meeting held by electronic communication shall be deemed held at the location required by this section, articles or bylaws. (c) Unless the articles or bylaws provide otherwise, the chief manager or the lesser of a majority of the directors or two (2) directors may call a special meeting of the board of directors by giving two (2) days' notice to all directors of the date, time and place of the meeting. The notice need not state the purpose of the meeting, unless this chapter, the articles or the bylaws require it. (d) If the day or date, time, and place of a board of directors' meeting have been provided in the articles or bylaws, or a regular meeting date, time and place have been established by the board of directors, no notice of the meeting is required. Notice of an adjourned meeting need not be other than by announcement at the meeting at which adjournment is taken; provided, that the period of adjournment does not exceed one (1) month for any one (1) adjournment. (e) (1) A director may waive any notice required by this section, the articles or bylaws before or after the date and time stated in the notice. Except as provided in subdivision (e)(2), the waiver must be in writing, signed by the director entitled to the notice, and filed with the minutes or other records of the cooperative. (2) A director's attendance at or participation in a meeting waives any required notice to the director of the meeting, unless the director at the beginning of the meeting, or promptly upon arrival, objects to holding the meeting or transacting business at the meeting and does not thereafter vote for or assent to any action taken at the meeting. Acts 2004, ch. 534, § 25.
(a) Meetings of the board of directors may be held from time to time as provided in the articles or bylaws at any place within or without the state that the board of directors may select or by any means described in subsection (b). If the board of directors fails to select a place for a meeting, the meeting must be held at the principal executive office, unless the articles or bylaws provide otherwise.
(b) (1) Unless the articles or bylaws provide otherwise, the board of directors may permit any or all directors to participate by or conduct the meeting through the use of any means of communication by which all directors participating may simultaneously hear each other during the meeting. A director participating in a meeting by this means is deemed to be present in person at the meeting and the minutes may reflect this. (2) A meeting held by electronic communication shall be deemed held at the location required by this section, articles or bylaws.
(1) Unless the articles or bylaws provide otherwise, the board of directors may permit any or all directors to participate by or conduct the meeting through the use of any means of communication by which all directors participating may simultaneously hear each other during the meeting. A director participating in a meeting by this means is deemed to be present in person at the meeting and the minutes may reflect this.
(2) A meeting held by electronic communication shall be deemed held at the location required by this section, articles or bylaws.
(c) Unless the articles or bylaws provide otherwise, the chief manager or the lesser of a majority of the directors or two (2) directors may call a special meeting of the board of directors by giving two (2) days' notice to all directors of the date, time and place of the meeting. The notice need not state the purpose of the meeting, unless this chapter, the articles or the bylaws require it.
(d) If the day or date, time, and place of a board of directors' meeting have been provided in the articles or bylaws, or a regular meeting date, time and place have been established by the board of directors, no notice of the meeting is required. Notice of an adjourned meeting need not be other than by announcement at the meeting at which adjournment is taken; provided, that the period of adjournment does not exceed one (1) month for any one (1) adjournment.
(e) (1) A director may waive any notice required by this section, the articles or bylaws before or after the date and time stated in the notice. Except as provided in subdivision (e)(2), the waiver must be in writing, signed by the director entitled to the notice, and filed with the minutes or other records of the cooperative. (2) A director's attendance at or participation in a meeting waives any required notice to the director of the meeting, unless the director at the beginning of the meeting, or promptly upon arrival, objects to holding the meeting or transacting business at the meeting and does not thereafter vote for or assent to any action taken at the meeting.
(1) A director may waive any notice required by this section, the articles or bylaws before or after the date and time stated in the notice. Except as provided in subdivision (e)(2), the waiver must be in writing, signed by the director entitled to the notice, and filed with the minutes or other records of the cooperative.
(2) A director's attendance at or participation in a meeting waives any required notice to the director of the meeting, unless the director at the beginning of the meeting, or promptly upon arrival, objects to holding the meeting or transacting business at the meeting and does not thereafter vote for or assent to any action taken at the meeting.
Acts 2004, ch. 534, § 25.
Tenn. Code Ann. § 43-17-103 — TN Code / Title 43 / Chapter 17 / Section 43-17-103
Penalty for violations
Status: in_force

A violation of any of the provisions of § 43-17-101 or § 43-17-102 is a Class C misdemeanor. Acts 1947, ch. 174, § 3; C. Supp. 1950, § 5755.30 (Williams, § 5753.16); T.C.A. (orig. ed.), § 43-1903; Acts 1989, ch. 591, § 113.
A violation of any of the provisions of § 43-17-101 or § 43-17-102 is a Class C misdemeanor.
Acts 1947, ch. 174, § 3; C. Supp. 1950, § 5755.30 (Williams, § 5753.16); T.C.A. (orig. ed.), § 43-1903; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 43-19-216 — TN Code / Title 43 / Chapter 19 / Section 43-19-216
Auction bid may be refused
Status: in_force

Any planter, or other owner of tobacco sold at auction, may, by paying the fees, refuse at the time to take the price at which it is cried off. Acts 1870-1871, ch. 65, § 22; Shan., § 3401; Code 1932, § 6500; T.C.A. (orig. ed.), § 43-2125.
Any planter, or other owner of tobacco sold at auction, may, by paying the fees, refuse at the time to take the price at which it is cried off.
Acts 1870-1871, ch. 65, § 22; Shan., § 3401; Code 1932, § 6500; T.C.A. (orig. ed.), § 43-2125.
Tenn. Code Ann. § 43-10-204 — TN Code / Title 43 / Chapter 10 / Section 43-10-204
Applicability of provisions
Status: in_force

Any person, association, firm or corporation who issues, uses or circulates any advertisement, tag, seal, poster, letterhead or marketing circular containing any written or printed representation or description that such seeds offered for sale or use are "Tennessee Certified," "Tennessee State Certified," "State Certified," or the equivalent utilizing words or symbols to imply conformity with the standards established by the state seed certifying agency, shall be subject to this part. This part does not apply, however, to the plant and plant product certification procedures concerning freedom from disease and insect infestation, as currently conducted by the plant industries division of the department of agriculture. Any issuance, use or circulation of any certificate or instrument, as defined in this part, shall be deemed "certification" for the purposes of this part. Acts 1985, ch. 329, § 1.
Any person, association, firm or corporation who issues, uses or circulates any advertisement, tag, seal, poster, letterhead or marketing circular containing any written or printed representation or description that such seeds offered for sale or use are "Tennessee Certified," "Tennessee State Certified," "State Certified," or the equivalent utilizing words or symbols to imply conformity with the standards established by the state seed certifying agency, shall be subject to this part. This part does not apply, however, to the plant and plant product certification procedures concerning freedom from disease and insect infestation, as currently conducted by the plant industries division of the department of agriculture. Any issuance, use or circulation of any certificate or instrument, as defined in this part, shall be deemed "certification" for the purposes of this part.
Acts 1985, ch. 329, § 1.
Tenn. Code Ann. § 43-20-202 — TN Code / Title 43 / Chapter 20 / Section 43-20-202
Legislative findings
Status: in_force

The general assembly finds that it is in the interest of the public welfare that Tennessee farmers who are producers of soybeans be encouraged and permitted to act jointly and in cooperation with other producers to levy upon themselves an assessment upon soybeans, for the purpose of financing programs of research, promotion, advertising and other programs designed to increase the production of soybeans and to increase the consumption, use and sale of soybeans and soybean products in Tennessee, national and international markets. Acts 1985, ch. 108, § 2.
The general assembly finds that it is in the interest of the public welfare that Tennessee farmers who are producers of soybeans be encouraged and permitted to act jointly and in cooperation with other producers to levy upon themselves an assessment upon soybeans, for the purpose of financing programs of research, promotion, advertising and other programs designed to increase the production of soybeans and to increase the consumption, use and sale of soybeans and soybean products in Tennessee, national and international markets.
Acts 1985, ch. 108, § 2.
Tenn. Code Ann. § 43-38-531 — TN Code / Title 43 / Chapter 38 / Section 43-38-531
Inspection and copying of records by member's agent or attorney
Status: in_force

(a) A member's agent or attorney has the same inspection and copying rights as the member the agent or attorney represents. (b) The right to copy records under § 43-38-530 includes, if reasonable, the right to receive copies made by photographic, xerographic, or other means. (c) The cooperative may impose a reasonable charge, covering the costs of labor and material, for copies of any documents provided to the member. The charge may not exceed the estimated cost of production or reproduction of the records. Acts 2004, ch. 534, § 23.
(a) A member's agent or attorney has the same inspection and copying rights as the member the agent or attorney represents.
(b) The right to copy records under § 43-38-530 includes, if reasonable, the right to receive copies made by photographic, xerographic, or other means.
(c) The cooperative may impose a reasonable charge, covering the costs of labor and material, for copies of any documents provided to the member. The charge may not exceed the estimated cost of production or reproduction of the records.
Acts 2004, ch. 534, § 23.
Tenn. Code Ann. § 43-1-605 — TN Code / Title 43 / Chapter 1 / Section 43-1-605
Gifts, bequests and awards
Status: in_force

The board is empowered to accept and receive gifts, bequests and awards, which are to become the sole property of the Tennessee agricultural hall of fame, and which are to be kept in a proper manner in a suitable and available room or hall in some state-owned building at Nashville; provided, that duplicates of gifts, bequests and awards may be displayed in a suitable room in the college of agricultural sciences and natural resources at the University of Tennessee. Acts 1937, ch. 43, § 5.
The board is empowered to accept and receive gifts, bequests and awards, which are to become the sole property of the Tennessee agricultural hall of fame, and which are to be kept in a proper manner in a suitable and available room or hall in some state-owned building at Nashville; provided, that duplicates of gifts, bequests and awards may be displayed in a suitable room in the college of agricultural sciences and natural resources at the University of Tennessee.
Acts 1937, ch. 43, § 5.
Tenn. Code Ann. § 43-1-607 — TN Code / Title 43 / Chapter 1 / Section 43-1-607
Biennial report
Status: in_force

The board shall prepare a report to be delivered to the chair of the agriculture and natural resources committee of the house of representatives and the chair of the energy, agriculture and natural resources committee of the senate by February 15 of each odd-numbered year. The report shall provide information regarding the activities of the board for the previous two (2) years. Amended by 2013 Tenn. Acts, ch. 236,s 1, eff. 4/19/2013. Acts 1991, ch. 106, § 4.
The board shall prepare a report to be delivered to the chair of the agriculture and natural resources committee of the house of representatives and the chair of the energy, agriculture and natural resources committee of the senate by February 15 of each odd-numbered year. The report shall provide information regarding the activities of the board for the previous two (2) years.
Amended by 2013 Tenn. Acts, ch. 236,s 1, eff. 4/19/2013.
Acts 1991, ch. 106, § 4.
Tenn. Code Ann. § 43-11-404 — TN Code / Title 43 / Chapter 11 / Section 43-11-404
Prohibited sales - Toxic materials
Status: in_force

(a) No agricultural liming material shall be sold or offered for sale in this state unless it complies with this part and regulations pertaining to this part. (b) No agricultural liming material shall be sold or offered for sale in this state that contains toxic materials in quantities injurious to plants or animals. Acts 1989, ch. 7, § 5.
(a) No agricultural liming material shall be sold or offered for sale in this state unless it complies with this part and regulations pertaining to this part.
(b) No agricultural liming material shall be sold or offered for sale in this state that contains toxic materials in quantities injurious to plants or animals.
Acts 1989, ch. 7, § 5.
Tenn. Code Ann. § 43-38-522 — TN Code / Title 43 / Chapter 38 / Section 43-38-522
Number of votes allowed - Time for voting - Method of voting - Members represented by delegates - Absentee ballots
Status: in_force

(a) A patron member of a cooperative is only entitled to one (1) vote on an issue to be voted upon by members holding patron membership interests, except that a patron member of a cooperative described in § 43-38-523 may be entitled to more than one (1) vote as provided in that section. On any matter of the cooperative, the entire patron members voting power shall be voted collectively based upon the vote of the majority of patron members' voting on the issue. A nonpatron member has the voting rights in accordance to the nonpatron membership interests as granted in the bylaws, subject to this chapter. (b) A member or delegate may exercise voting rights on any matter that is before the members as prescribed in the articles or bylaws at a members' meeting from the time the member or delegate arrives at the members' meeting, unless the articles or bylaws specify an earlier and specific time for closing the right to vote. (c) A member's vote at a members' meeting shall be in person or by mail if a mail vote is authorized by the board or by alternative method if authorized by the board, and not by proxy, except as provided in subsection (d). (d) The following shall apply to members represented by delegates: (1) A cooperative may provide in the articles or bylaws that units or districts of members are entitled to be represented at members' meetings by delegates chosen by the members of the unit or district. The delegates may vote on matters at the members' meeting in the same manner as a member. The delegates may only exercise the voting rights on a basis and with the number of votes as prescribed in the articles or bylaws; (2) If the approval of a certain portion of the members is required for adoption of amendments, dissolution, merger, consolidation, or the sale of assets, the votes of delegates shall be counted as votes by the members represented by the delegate; (3) Patron members may be represented by the proxy of other patron members; and (4) Nonpatron members may be represented by proxy if authorized in the bylaws. (e) The following shall apply to absentee ballots: (1) A member who is or will be absent from a members' meeting may vote by mail or by an approved alternative method on the ballot prescribed in this subsection (e) on any motion, resolution or amendment that the board submits for vote by mail or alternative method to the members; (2) The ballot shall be in the form prescribed by the board and contain: (A) The exact text of the proposed motion, resolution or amendment to be acted on at the meeting; and (B) The text of the motion, resolution or amendment for which the member may indicate an affirmative or negative vote; (3) The member shall express a choice by marking an appropriate choice on the ballot and mail, deliver or otherwise submit the ballot to the cooperative in a plain, sealed envelope inside another envelope bearing the member's name or by an alternative method approved by the board; and (4) A properly executed ballot shall be accepted by the board and counted as the vote of the absent member at the meeting. Acts 2004, ch. 534, § 22.
(a) A patron member of a cooperative is only entitled to one (1) vote on an issue to be voted upon by members holding patron membership interests, except that a patron member of a cooperative described in § 43-38-523 may be entitled to more than one (1) vote as provided in that section. On any matter of the cooperative, the entire patron members voting power shall be voted collectively based upon the vote of the majority of patron members' voting on the issue. A nonpatron member has the voting rights in accordance to the nonpatron membership interests as granted in the bylaws, subject to this chapter.
(b) A member or delegate may exercise voting rights on any matter that is before the members as prescribed in the articles or bylaws at a members' meeting from the time the member or delegate arrives at the members' meeting, unless the articles or bylaws specify an earlier and specific time for closing the right to vote.
(c) A member's vote at a members' meeting shall be in person or by mail if a mail vote is authorized by the board or by alternative method if authorized by the board, and not by proxy, except as provided in subsection (d).
(d) The following shall apply to members represented by delegates: (1) A cooperative may provide in the articles or bylaws that units or districts of members are entitled to be represented at members' meetings by delegates chosen by the members of the unit or district. The delegates may vote on matters at the members' meeting in the same manner as a member. The delegates may only exercise the voting rights on a basis and with the number of votes as prescribed in the articles or bylaws; (2) If the approval of a certain portion of the members is required for adoption of amendments, dissolution, merger, consolidation, or the sale of assets, the votes of delegates shall be counted as votes by the members represented by the delegate; (3) Patron members may be represented by the proxy of other patron members; and (4) Nonpatron members may be represented by proxy if authorized in the bylaws.
(1) A cooperative may provide in the articles or bylaws that units or districts of members are entitled to be represented at members' meetings by delegates chosen by the members of the unit or district. The delegates may vote on matters at the members' meeting in the same manner as a member. The delegates may only exercise the voting rights on a basis and with the number of votes as prescribed in the articles or bylaws;
(2) If the approval of a certain portion of the members is required for adoption of amendments, dissolution, merger, consolidation, or the sale of assets, the votes of delegates shall be counted as votes by the members represented by the delegate;
(3) Patron members may be represented by the proxy of other patron members; and
(4) Nonpatron members may be represented by proxy if authorized in the bylaws.
(e) The following shall apply to absentee ballots: (1) A member who is or will be absent from a members' meeting may vote by mail or by an approved alternative method on the ballot prescribed in this subsection (e) on any motion, resolution or amendment that the board submits for vote by mail or alternative method to the members; (2) The ballot shall be in the form prescribed by the board and contain: (A) The exact text of the proposed motion, resolution or amendment to be acted on at the meeting; and (B) The text of the motion, resolution or amendment for which the member may indicate an affirmative or negative vote; (3) The member shall express a choice by marking an appropriate choice on the ballot and mail, deliver or otherwise submit the ballot to the cooperative in a plain, sealed envelope inside another envelope bearing the member's name or by an alternative method approved by the board; and (4) A properly executed ballot shall be accepted by the board and counted as the vote of the absent member at the meeting.
(1) A member who is or will be absent from a members' meeting may vote by mail or by an approved alternative method on the ballot prescribed in this subsection (e) on any motion, resolution or amendment that the board submits for vote by mail or alternative method to the members;
(2) The ballot shall be in the form prescribed by the board and contain: (A) The exact text of the proposed motion, resolution or amendment to be acted on at the meeting; and (B) The text of the motion, resolution or amendment for which the member may indicate an affirmative or negative vote;
(A) The exact text of the proposed motion, resolution or amendment to be acted on at the meeting; and
(B) The text of the motion, resolution or amendment for which the member may indicate an affirmative or negative vote;
(3) The member shall express a choice by marking an appropriate choice on the ballot and mail, deliver or otherwise submit the ballot to the cooperative in a plain, sealed envelope inside another envelope bearing the member's name or by an alternative method approved by the board; and
(4) A properly executed ballot shall be accepted by the board and counted as the vote of the absent member at the meeting.
Acts 2004, ch. 534, § 22.
Tenn. Code Ann. § 43-11-409 — TN Code / Title 43 / Chapter 11 / Section 43-11-409
License suspension or revocation
Status: in_force

The commissioner shall have the authority to suspend or revoke any license in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, this part, and the rules and regulations promulgated under this part. Acts 1989, ch. 7, § 10.
The commissioner shall have the authority to suspend or revoke any license in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, this part, and the rules and regulations promulgated under this part.
Acts 1989, ch. 7, § 10.
Tenn. Code Ann. § 43-38-117 — TN Code / Title 43 / Chapter 38 / Section 43-38-117
Limitation of liability
Status: in_force

(a) (1) Except as provided in subsections (e) and (f), a member, holder of financial interest, director, officer, employee or other agent of a cooperative does not have any personal obligation and is not otherwise personally liable for the acts, debts, liabilities, or obligations of the cooperative, whether they arise in contract, tort or otherwise. (2) A member, holder of financial interest, director, officer, employee or other agent of a cooperative does not have any personal obligation and is not otherwise personally liable for the acts or omissions of any other member, officer, director, employee or other agent of the cooperative. (3) Notwithstanding subsection (a), a member, holder of financial interest, director, officer, employee or other agent may become personally liable in contract, tort or otherwise by reason of that person's own acts or conduct. (b) The limited liability described in subsection (a) continues in full force regardless of any dissolution, winding up, and termination of a cooperative. (c) A member, holder of financial interest, director, or officer of a cooperative is not a proper party to a proceeding by or against a cooperative except: (1) Where the object of the proceeding is to enforce the person's right against or liability to the cooperative; (2) In a derivative action brought pursuant to this chapter, the articles or the bylaws; or (3) Where the proceeding asserts personal liability of the member, holder of financial interest, director or officer described in subdivision (a)(3). (d) Notwithstanding any other provision of this chapter to the contrary, each person, member, or employee required to collect or truthfully account for, and pay over to the department of revenue any tax collected from the customers of a cooperative shall be personally liable for such taxes in the manner as responsible persons of a corporation under § 67-1-1443 . (e) The failure of a cooperative to observe the usual company formalities or requirements relating to the exercise of its cooperative powers or management of its business is not a ground for imposing personal liability upon the members, directors, officers, employees or other agents of the cooperative. (f) (1) Notwithstanding any provision to the contrary, the articles may provide that one (1) or more specifically identified members, as named in the articles, shall be personally liable for all of the debts, obligations and liabilities of the cooperative, and, if so, each such specifically identified member shall be liable to the same extent as a general partner in a general partnership; provided however, that: (A) In order to be effective, each member so identified must sign the articles, or an amendment to the articles containing this provision; and (B) Each member shall continue to be personally liable for debts, obligations and liabilities of the cooperative until the articles are amended to strike such member's name, but the amendment must be signed by the chief manager or secretary and any remaining members who continue to be identified in the articles as being personally liable for the debts, obligations and liabilities of the cooperative. (2) A member who is identified in the articles as being personally liable has the power to withdraw from the cooperative by filing an amendment to the articles stating that the member has withdrawn from the cooperative and shall not be liable for any future debts, obligations and liabilities of the cooperative; provided, that such an amendment to the articles shall be effective immediately, except with respect to parties that have reasonably relied upon the articles naming the person as individually liable for the debts, obligations and liabilities of the cooperative. (3) An amendment to the articles filed pursuant to subdivisions (f)(1) and (f)(2) is not effective against parties reasonably relying upon the articles until the passage of ninety (90) days from the filing of the amendment to the articles. Notwithstanding this subdivision (f)(3), the member or former member will continue to be liable for all debts and obligations of the cooperative incurred by the cooperative while the member assumed liability. Acts 2004, ch. 534, § 16.
(a) (1) Except as provided in subsections (e) and (f), a member, holder of financial interest, director, officer, employee or other agent of a cooperative does not have any personal obligation and is not otherwise personally liable for the acts, debts, liabilities, or obligations of the cooperative, whether they arise in contract, tort or otherwise. (2) A member, holder of financial interest, director, officer, employee or other agent of a cooperative does not have any personal obligation and is not otherwise personally liable for the acts or omissions of any other member, officer, director, employee or other agent of the cooperative. (3) Notwithstanding subsection (a), a member, holder of financial interest, director, officer, employee or other agent may become personally liable in contract, tort or otherwise by reason of that person's own acts or conduct.
(1) Except as provided in subsections (e) and (f), a member, holder of financial interest, director, officer, employee or other agent of a cooperative does not have any personal obligation and is not otherwise personally liable for the acts, debts, liabilities, or obligations of the cooperative, whether they arise in contract, tort or otherwise.
(2) A member, holder of financial interest, director, officer, employee or other agent of a cooperative does not have any personal obligation and is not otherwise personally liable for the acts or omissions of any other member, officer, director, employee or other agent of the cooperative.
(3) Notwithstanding subsection (a), a member, holder of financial interest, director, officer, employee or other agent may become personally liable in contract, tort or otherwise by reason of that person's own acts or conduct.
(b) The limited liability described in subsection (a) continues in full force regardless of any dissolution, winding up, and termination of a cooperative.
(c) A member, holder of financial interest, director, or officer of a cooperative is not a proper party to a proceeding by or against a cooperative except: (1) Where the object of the proceeding is to enforce the person's right against or liability to the cooperative; (2) In a derivative action brought pursuant to this chapter, the articles or the bylaws; or (3) Where the proceeding asserts personal liability of the member, holder of financial interest, director or officer described in subdivision (a)(3).
(1) Where the object of the proceeding is to enforce the person's right against or liability to the cooperative;
(2) In a derivative action brought pursuant to this chapter, the articles or the bylaws; or
(3) Where the proceeding asserts personal liability of the member, holder of financial interest, director or officer described in subdivision (a)(3).
(d) Notwithstanding any other provision of this chapter to the contrary, each person, member, or employee required to collect or truthfully account for, and pay over to the department of revenue any tax collected from the customers of a cooperative shall be personally liable for such taxes in the manner as responsible persons of a corporation under § 67-1-1443 .
(e) The failure of a cooperative to observe the usual company formalities or requirements relating to the exercise of its cooperative powers or management of its business is not a ground for imposing personal liability upon the members, directors, officers, employees or other agents of the cooperative.
(f) (1) Notwithstanding any provision to the contrary, the articles may provide that one (1) or more specifically identified members, as named in the articles, shall be personally liable for all of the debts, obligations and liabilities of the cooperative, and, if so, each such specifically identified member shall be liable to the same extent as a general partner in a general partnership; provided however, that: (A) In order to be effective, each member so identified must sign the articles, or an amendment to the articles containing this provision; and (B) Each member shall continue to be personally liable for debts, obligations and liabilities of the cooperative until the articles are amended to strike such member's name, but the amendment must be signed by the chief manager or secretary and any remaining members who continue to be identified in the articles as being personally liable for the debts, obligations and liabilities of the cooperative. (2) A member who is identified in the articles as being personally liable has the power to withdraw from the cooperative by filing an amendment to the articles stating that the member has withdrawn from the cooperative and shall not be liable for any future debts, obligations and liabilities of the cooperative; provided, that such an amendment to the articles shall be effective immediately, except with respect to parties that have reasonably relied upon the articles naming the person as individually liable for the debts, obligations and liabilities of the cooperative. (3) An amendment to the articles filed pursuant to subdivisions (f)(1) and (f)(2) is not effective against parties reasonably relying upon the articles until the passage of ninety (90) days from the filing of the amendment to the articles. Notwithstanding this subdivision (f)(3), the member or former member will continue to be liable for all debts and obligations of the cooperative incurred by the cooperative while the member assumed liability.
(1) Notwithstanding any provision to the contrary, the articles may provide that one (1) or more specifically identified members, as named in the articles, shall be personally liable for all of the debts, obligations and liabilities of the cooperative, and, if so, each such specifically identified member shall be liable to the same extent as a general partner in a general partnership; provided however, that: (A) In order to be effective, each member so identified must sign the articles, or an amendment to the articles containing this provision; and (B) Each member shall continue to be personally liable for debts, obligations and liabilities of the cooperative until the articles are amended to strike such member's name, but the amendment must be signed by the chief manager or secretary and any remaining members who continue to be identified in the articles as being personally liable for the debts, obligations and liabilities of the cooperative.
(A) In order to be effective, each member so identified must sign the articles, or an amendment to the articles containing this provision; and
(B) Each member shall continue to be personally liable for debts, obligations and liabilities of the cooperative until the articles are amended to strike such member's name, but the amendment must be signed by the chief manager or secretary and any remaining members who continue to be identified in the articles as being personally liable for the debts, obligations and liabilities of the cooperative.
(2) A member who is identified in the articles as being personally liable has the power to withdraw from the cooperative by filing an amendment to the articles stating that the member has withdrawn from the cooperative and shall not be liable for any future debts, obligations and liabilities of the cooperative; provided, that such an amendment to the articles shall be effective immediately, except with respect to parties that have reasonably relied upon the articles naming the person as individually liable for the debts, obligations and liabilities of the cooperative.
(3) An amendment to the articles filed pursuant to subdivisions (f)(1) and (f)(2) is not effective against parties reasonably relying upon the articles until the passage of ninety (90) days from the filing of the amendment to the articles. Notwithstanding this subdivision (f)(3), the member or former member will continue to be liable for all debts and obligations of the cooperative incurred by the cooperative while the member assumed liability.
Acts 2004, ch. 534, § 16.
Tenn. Code Ann. § 43-24-105 — TN Code / Title 43 / Chapter 24 / Section 43-24-105
Registration as beekeeper
Status: in_force

Any person, including, but not limited to, a grand mentor, who provides honey or honey byproducts through the placement and use of beehives under this chapter shall first be registered as a beekeeper pursuant to the Tennessee Apiary Act of 1995, compiled in title 44, chapter 15, and shall be subject to all provisions of such act. Added by 2017 Tenn. Acts, ch. 35,s 3, eff. 3/30/2017.
Any person, including, but not limited to, a grand mentor, who provides honey or honey byproducts through the placement and use of beehives under this chapter shall first be registered as a beekeeper pursuant to the Tennessee Apiary Act of 1995, compiled in title 44, chapter 15, and shall be subject to all provisions of such act.
Added by 2017 Tenn. Acts, ch. 35,s 3, eff. 3/30/2017.
Tenn. Code Ann. § 43-38-1104 — TN Code / Title 43 / Chapter 38 / Section 43-38-1104
Corrections
Status: in_force

(a) A cooperative may correct a document filed with the office of the secretary of state, if the document: (1) Contains an incorrect statement; or (2) Was defectively executed, attested, sealed, certified, or acknowledged. (b) A document is corrected: (1) By preparing articles of correction that: (A) Describe the document, including its filing date, or attach a copy of it to the articles; (B) Specify the incorrect statement and the reason it is incorrect or the manner in which the execution was defective; and (C) Correct the incorrect statement of defective execution; and (2) By delivering the articles of correction to the office of the secretary of state for filing. (c) Articles of correction are effective on the effective time and date of the document they correct, except as to persons relying on the uncorrected document and adversely affected by the correction. As to those persons, articles of correction are effective when filed. Acts 2004, ch. 534, § 33.
(a) A cooperative may correct a document filed with the office of the secretary of state, if the document: (1) Contains an incorrect statement; or (2) Was defectively executed, attested, sealed, certified, or acknowledged.
(1) Contains an incorrect statement; or
(2) Was defectively executed, attested, sealed, certified, or acknowledged.
(b) A document is corrected: (1) By preparing articles of correction that: (A) Describe the document, including its filing date, or attach a copy of it to the articles; (B) Specify the incorrect statement and the reason it is incorrect or the manner in which the execution was defective; and (C) Correct the incorrect statement of defective execution; and (2) By delivering the articles of correction to the office of the secretary of state for filing.
(1) By preparing articles of correction that: (A) Describe the document, including its filing date, or attach a copy of it to the articles; (B) Specify the incorrect statement and the reason it is incorrect or the manner in which the execution was defective; and (C) Correct the incorrect statement of defective execution; and
(A) Describe the document, including its filing date, or attach a copy of it to the articles;
(B) Specify the incorrect statement and the reason it is incorrect or the manner in which the execution was defective; and
(C) Correct the incorrect statement of defective execution; and
(2) By delivering the articles of correction to the office of the secretary of state for filing.
(c) Articles of correction are effective on the effective time and date of the document they correct, except as to persons relying on the uncorrected document and adversely affected by the correction. As to those persons, articles of correction are effective when filed.
Acts 2004, ch. 534, § 33.
Tenn. Code Ann. § 43-38-504 — TN Code / Title 43 / Chapter 38 / Section 43-38-504
Assignment of governance rights - Consequence of ineffective assignment
Status: in_force

(a) A member may assign the member's full membership interest only by assigning all of the member's governance rights coupled with an assignment to the same assignee of all the member's financial rights. A member's governance rights are assignable only as provided in this section. A member or holder of a financial right has no power to assign all or any part of the member's membership interest or financial rights, except as provided in § 43-38-503 and this section. (b) (1) Except as otherwise provided in the articles or the bylaws, a member may, without the consent of any other member, assign governance rights to another member. (2) (A) Except as provided in subdivisions (b)(2)(B) and (b)(2)(C), any other assignment of any governance rights is effective only if all the directors, other than the director who is also a member seeking to make the assignment, approve the assignment by unanimous consent or otherwise if the articles or bylaws so permit. The consent may be evidenced in any manner specified in the articles or bylaws, but in the absence of specification, consent shall be evidenced by a written instrument, dated and signed by the person. The giving of consent is at the discretion of the consenting party and may be unreasonably withheld. (B) If the articles or bylaws so provide, the directors who are members may approve, by a majority or greater in number of the nonassigning directors who are members, the assignment of governance rights to a nonmember. In the event there are no nonassigning governors who are members, the assignment must be approved by unanimous consent of the governors, or, if the articles or bylaws so permit, the assignment shall be approved by at least a majority vote of the members, exclusive of the member seeking to make the assignment. (C) If permitted in the articles or bylaws, the governance rights associated with membership interests or classes of membership interests may be assigned without the consent of the members or the directors who are members. (c) When an assignment of governance rights is effective under subsection (b): (1) The assignee becomes a member, if not already a member; and (2) An assignee who has become a member has, to the extent assigned, the rights and powers and is subject to the restrictions and liabilities, of a member under the articles, any bylaws and this chapter. (d) When an assignment is effective under subsection (a): (1) The assignee is liable for any obligations of the assignor existing at the time of transfer, except to the extent that, at the time the assignee became a member, the liability was unknown to the assignee, and could not be ascertained from the required records of the cooperative; (2) Notwithstanding subdivision (d)(1), the assignee shall not be liable for the obligations of the assignor under § 43-38-904 ; and (3) The assignor is not released from liability to the cooperative for obligations of the assignor existing at the time of transfer, except as provided in subdivision (d)(1). (e) Unless otherwise provided in the articles or bylaws, the pledge or granting of a security interest, lien or other encumbrance in or against any or all of the membership interest of a member is not an assignment and shall not cause the member to cease to be a member or to cease to have the power to exercise any rights or powers of a member. (f) If any purported or attempted assignment of governance rights is ineffective for failure to obtain the consent required in subsection (b): (1) The purported or attempted assignment is ineffective in its entirety; and (2) Any assignment of financial rights that accompanied the purported or attempted assignment of governance rights is void. Acts 2004, ch. 534, § 17.
(a) A member may assign the member's full membership interest only by assigning all of the member's governance rights coupled with an assignment to the same assignee of all the member's financial rights. A member's governance rights are assignable only as provided in this section. A member or holder of a financial right has no power to assign all or any part of the member's membership interest or financial rights, except as provided in § 43-38-503 and this section.
(b) (1) Except as otherwise provided in the articles or the bylaws, a member may, without the consent of any other member, assign governance rights to another member. (2) (A) Except as provided in subdivisions (b)(2)(B) and (b)(2)(C), any other assignment of any governance rights is effective only if all the directors, other than the director who is also a member seeking to make the assignment, approve the assignment by unanimous consent or otherwise if the articles or bylaws so permit. The consent may be evidenced in any manner specified in the articles or bylaws, but in the absence of specification, consent shall be evidenced by a written instrument, dated and signed by the person. The giving of consent is at the discretion of the consenting party and may be unreasonably withheld. (B) If the articles or bylaws so provide, the directors who are members may approve, by a majority or greater in number of the nonassigning directors who are members, the assignment of governance rights to a nonmember. In the event there are no nonassigning governors who are members, the assignment must be approved by unanimous consent of the governors, or, if the articles or bylaws so permit, the assignment shall be approved by at least a majority vote of the members, exclusive of the member seeking to make the assignment. (C) If permitted in the articles or bylaws, the governance rights associated with membership interests or classes of membership interests may be assigned without the consent of the members or the directors who are members.
(1) Except as otherwise provided in the articles or the bylaws, a member may, without the consent of any other member, assign governance rights to another member.
(2) (A) Except as provided in subdivisions (b)(2)(B) and (b)(2)(C), any other assignment of any governance rights is effective only if all the directors, other than the director who is also a member seeking to make the assignment, approve the assignment by unanimous consent or otherwise if the articles or bylaws so permit. The consent may be evidenced in any manner specified in the articles or bylaws, but in the absence of specification, consent shall be evidenced by a written instrument, dated and signed by the person. The giving of consent is at the discretion of the consenting party and may be unreasonably withheld. (B) If the articles or bylaws so provide, the directors who are members may approve, by a majority or greater in number of the nonassigning directors who are members, the assignment of governance rights to a nonmember. In the event there are no nonassigning governors who are members, the assignment must be approved by unanimous consent of the governors, or, if the articles or bylaws so permit, the assignment shall be approved by at least a majority vote of the members, exclusive of the member seeking to make the assignment. (C) If permitted in the articles or bylaws, the governance rights associated with membership interests or classes of membership interests may be assigned without the consent of the members or the directors who are members.
(A) Except as provided in subdivisions (b)(2)(B) and (b)(2)(C), any other assignment of any governance rights is effective only if all the directors, other than the director who is also a member seeking to make the assignment, approve the assignment by unanimous consent or otherwise if the articles or bylaws so permit. The consent may be evidenced in any manner specified in the articles or bylaws, but in the absence of specification, consent shall be evidenced by a written instrument, dated and signed by the person. The giving of consent is at the discretion of the consenting party and may be unreasonably withheld.
(B) If the articles or bylaws so provide, the directors who are members may approve, by a majority or greater in number of the nonassigning directors who are members, the assignment of governance rights to a nonmember. In the event there are no nonassigning governors who are members, the assignment must be approved by unanimous consent of the governors, or, if the articles or bylaws so permit, the assignment shall be approved by at least a majority vote of the members, exclusive of the member seeking to make the assignment.
(C) If permitted in the articles or bylaws, the governance rights associated with membership interests or classes of membership interests may be assigned without the consent of the members or the directors who are members.
(c) When an assignment of governance rights is effective under subsection (b): (1) The assignee becomes a member, if not already a member; and (2) An assignee who has become a member has, to the extent assigned, the rights and powers and is subject to the restrictions and liabilities, of a member under the articles, any bylaws and this chapter.
(1) The assignee becomes a member, if not already a member; and
(2) An assignee who has become a member has, to the extent assigned, the rights and powers and is subject to the restrictions and liabilities, of a member under the articles, any bylaws and this chapter.
(d) When an assignment is effective under subsection (a): (1) The assignee is liable for any obligations of the assignor existing at the time of transfer, except to the extent that, at the time the assignee became a member, the liability was unknown to the assignee, and could not be ascertained from the required records of the cooperative; (2) Notwithstanding subdivision (d)(1), the assignee shall not be liable for the obligations of the assignor under § 43-38-904 ; and (3) The assignor is not released from liability to the cooperative for obligations of the assignor existing at the time of transfer, except as provided in subdivision (d)(1).
(1) The assignee is liable for any obligations of the assignor existing at the time of transfer, except to the extent that, at the time the assignee became a member, the liability was unknown to the assignee, and could not be ascertained from the required records of the cooperative;
(2) Notwithstanding subdivision (d)(1), the assignee shall not be liable for the obligations of the assignor under § 43-38-904 ; and
(3) The assignor is not released from liability to the cooperative for obligations of the assignor existing at the time of transfer, except as provided in subdivision (d)(1).
(e) Unless otherwise provided in the articles or bylaws, the pledge or granting of a security interest, lien or other encumbrance in or against any or all of the membership interest of a member is not an assignment and shall not cause the member to cease to be a member or to cease to have the power to exercise any rights or powers of a member.
(f) If any purported or attempted assignment of governance rights is ineffective for failure to obtain the consent required in subsection (b): (1) The purported or attempted assignment is ineffective in its entirety; and (2) Any assignment of financial rights that accompanied the purported or attempted assignment of governance rights is void.
(1) The purported or attempted assignment is ineffective in its entirety; and
(2) Any assignment of financial rights that accompanied the purported or attempted assignment of governance rights is void.
Acts 2004, ch. 534, § 17.
Tenn. Code Ann. § 43-10-101 — TN Code / Title 43 / Chapter 10 / Section 43-10-101
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Seed Law of 1986." Acts 1986, ch. 660, § 2.
This part shall be known and may be cited as the "Tennessee Seed Law of 1986."
Acts 1986, ch. 660, § 2.
Tenn. Code Ann. § 43-36-109 — TN Code / Title 43 / Chapter 36 / Section 43-36-109
[Repealed]
Status: repealed

Acts 1999, ch. 175, §10; repealed by Acts 2014 , ch. 503, § 2, effective 2/28/2014.
Tenn. Code Ann. § 43-6-425 — TN Code / Title 43 / Chapter 6 / Section 43-6-425
Subsequent referenda
Status: in_force

(a) If any referendum conducted under this part fails to receive the required number of affirmative votes, the certified organization may, with the consent of the commissioner, call other referenda. (b) After the passage of any referendum, the eligible voters shall be allowed, by subsequent referenda, at least every ten (10) years, to vote on whether to continue their assessments. All of the requirements for an initial referendum shall be met in subsequent referenda. Acts 1989, ch. 350, § 15; 1995, ch. 324, § 1.
(a) If any referendum conducted under this part fails to receive the required number of affirmative votes, the certified organization may, with the consent of the commissioner, call other referenda.
(b) After the passage of any referendum, the eligible voters shall be allowed, by subsequent referenda, at least every ten (10) years, to vote on whether to continue their assessments. All of the requirements for an initial referendum shall be met in subsequent referenda.
Acts 1989, ch. 350, § 15; 1995, ch. 324, § 1.
Tenn. Code Ann. § 43-10-106 — TN Code / Title 43 / Chapter 10 / Section 43-10-106
Label requirements - Agricultural seeds
Status: in_force

Agricultural seeds sold, distributed, offered or exposed for sale, or transported for sale within or into this state shall be labeled to show the following information: (1) The commonly accepted name of the kind and the variety, or kind and the phrase "variety not stated" for each agricultural seed present in excess of five percent (5%) of the whole and the percentage by weight of each in order of its predominance. When more than one (1) component is required to be named, the word "mixture" or the word "mixed" shall be shown conspicuously on the label. Hybrids shall be labeled as hybrids; (2) Lot number or other lot identifications; (3) Net weight; (4) Origin, if known. If the origin is unknown, the fact shall be stated; (5) Percentage by weight of inert matter; (6) Percentage by weight of agricultural seeds and/or vegetable seeds, which shall be designated as "other crop seeds," other than those named on the label. Different varieties of the same kind of seed when in quantities of less than five percent (5%) will be considered as other crop seeds; (7) Percentage by weight of all weed seeds, including noxious-weed seeds; (8) For each named agricultural seed: (A) Percentage of germination, exclusive of hard seed; (B) Percentage of hard seed, if present; (C) The calendar month and year the test was completed to determine such percentages; (D) In addition to the individual percentage statement of germination and hard seed, the total percentage of germination and hard seed may be stated as such, if desired; (9) The name and number per pound of each kind of restricted noxious-weed seed present; and (10) The name and address of the person who labeled the seed, or who sells, offers or exposes the seed for sale within this state. Acts 1986, ch. 660, § 7.
Agricultural seeds sold, distributed, offered or exposed for sale, or transported for sale within or into this state shall be labeled to show the following information:
(1) The commonly accepted name of the kind and the variety, or kind and the phrase "variety not stated" for each agricultural seed present in excess of five percent (5%) of the whole and the percentage by weight of each in order of its predominance. When more than one (1) component is required to be named, the word "mixture" or the word "mixed" shall be shown conspicuously on the label. Hybrids shall be labeled as hybrids;
(2) Lot number or other lot identifications;
(3) Net weight;
(4) Origin, if known. If the origin is unknown, the fact shall be stated;
(5) Percentage by weight of inert matter;
(6) Percentage by weight of agricultural seeds and/or vegetable seeds, which shall be designated as "other crop seeds," other than those named on the label. Different varieties of the same kind of seed when in quantities of less than five percent (5%) will be considered as other crop seeds;
(7) Percentage by weight of all weed seeds, including noxious-weed seeds;
(8) For each named agricultural seed: (A) Percentage of germination, exclusive of hard seed; (B) Percentage of hard seed, if present; (C) The calendar month and year the test was completed to determine such percentages; (D) In addition to the individual percentage statement of germination and hard seed, the total percentage of germination and hard seed may be stated as such, if desired;
(A) Percentage of germination, exclusive of hard seed;
(B) Percentage of hard seed, if present;
(C) The calendar month and year the test was completed to determine such percentages;
(D) In addition to the individual percentage statement of germination and hard seed, the total percentage of germination and hard seed may be stated as such, if desired;
(9) The name and number per pound of each kind of restricted noxious-weed seed present; and
(10) The name and address of the person who labeled the seed, or who sells, offers or exposes the seed for sale within this state.
Acts 1986, ch. 660, § 7.
Tenn. Code Ann. § 43-38-530 — TN Code / Title 43 / Chapter 38 / Section 43-38-530
Inspection and copying of records by members
Status: in_force

(a) A member of the cooperative is entitled to inspect and copy, during regular business hours at the cooperative's principal executive office, any of the records of the cooperative described in § 43-38-118 , if the member gives the cooperative written notice of the demand at least five (5) business days before the date on which the member wishes to inspect and copy. (b) The right of inspection granted by this section may not be abolished or limited by a cooperative's articles or bylaws. (c) This section does not affect: (1) The right of a member to inspect records, if the member is in litigation with the cooperative, to the same extent as any other litigant; or (2) The power of a court to compel the production of records for examination. Acts 2004, ch. 534, § 23.
(a) A member of the cooperative is entitled to inspect and copy, during regular business hours at the cooperative's principal executive office, any of the records of the cooperative described in § 43-38-118 , if the member gives the cooperative written notice of the demand at least five (5) business days before the date on which the member wishes to inspect and copy.
(b) The right of inspection granted by this section may not be abolished or limited by a cooperative's articles or bylaws.
(c) This section does not affect: (1) The right of a member to inspect records, if the member is in litigation with the cooperative, to the same extent as any other litigant; or (2) The power of a court to compel the production of records for examination.
(1) The right of a member to inspect records, if the member is in litigation with the cooperative, to the same extent as any other litigant; or
(2) The power of a court to compel the production of records for examination.
Acts 2004, ch. 534, § 23.
Tenn. Code Ann. § 43-14-302 — TN Code / Title 43 / Chapter 14 / Section 43-14-302
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 203,s 3, eff. 4/22/2021. Acts 1937 (2nd E. S.), ch. 5, § 2-A, as added by Acts 1937 (3rd E. S.), ch. 5, § 2; C. Supp. 1950, § 552.15 (Williams, § 584.10a); impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 43-1602.
Repealed by 2021 Tenn. Acts, ch. 203,s 3, eff. 4/22/2021.
Acts 1937 (2nd E. S.), ch. 5, § 2-A, as added by Acts 1937 (3rd E. S.), ch. 5, § 2; C. Supp. 1950, § 552.15 (Williams, § 584.10a); impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 43-1602.
Tenn. Code Ann. § 43-6-305 — TN Code / Title 43 / Chapter 6 / Section 43-6-305
[Repealed]
Status: repealed

Repealed by 2014 Tenn. Acts, ch. 509, s 2, eff. 3/6/2014. Acts 1969, ch. 81, § 5; T.C.A., §§ 43-2805, 43-7-105.
Repealed by 2014 Tenn. Acts, ch. 509, s 2, eff. 3/6/2014.
Acts 1969, ch. 81, § 5; T.C.A., §§ 43-2805, 43-7-105.
Tenn. Code Ann. § 43-16-131 — TN Code / Title 43 / Chapter 16 / Section 43-16-131
Procedure for removal of directors elected in a district
Status: in_force

In case the bylaws provide for election of directors by districts with primary elections in each district, then the petition for removal of a director must be signed by twenty percent (20%) of the members residing in the district from which the director was elected. The board of directors must call a special meeting of the members residing in that district to consider the removal of the directors; and by a vote of the majority of the members of that district, the director in question shall be removed from office. Acts 1923, ch. 100, § 16; Shan. Supp., § 2534a56; Code 1932, §3814; T.C.A. (orig. ed.), § 43-1832.
In case the bylaws provide for election of directors by districts with primary elections in each district, then the petition for removal of a director must be signed by twenty percent (20%) of the members residing in the district from which the director was elected. The board of directors must call a special meeting of the members residing in that district to consider the removal of the directors; and by a vote of the majority of the members of that district, the director in question shall be removed from office.
Acts 1923, ch. 100, § 16; Shan. Supp., § 2534a56; Code 1932, §3814; T.C.A. (orig. ed.), § 43-1832.
Tenn. Code Ann. § 43-11-119 — TN Code / Title 43 / Chapter 11 / Section 43-11-119
Penalty for violations
Status: in_force

Any person who violates or aids in violating any provision of this part, or any rules and regulations promulgated under this part, commits a Class C misdemeanor. Acts 1969, ch. 102, § 17; T.C.A., § 43-1139; Acts 1989, ch. 591, § 113.
Any person who violates or aids in violating any provision of this part, or any rules and regulations promulgated under this part, commits a Class C misdemeanor.
Acts 1969, ch. 102, § 17; T.C.A., § 43-1139; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 43-32-203 — TN Code / Title 43 / Chapter 32 / Section 43-32-203
Referendum of producers - Procedure
Status: in_force

(a) Any qualified producer organization may make application to the commissioner requesting a referendum of producers on forms prescribed by the commissioner for the purpose of determining whether an assessment of the amount specified in § 43-32-202 can be levied, collected and disbursed under this part. (b) Within thirty (30) days of receipt of an application requesting a referendum, the commissioner shall make a determination of whether or not the petitioner is a qualified producer organization and, upon this determination, shall set a date for the referendum, which shall not be more than sixty (60) days after receipt of the application, and shall publish by any reasonable means, the date of the referendum, the polling places and the hours they will be open, the amount of the proposed assessment, and the date the assessment shall begin, if adopted. (c) (1) Any referendum held under this part shall be conducted statewide, under the control and direction of the commissioner. The polling place in each county shall be the offices of the University of Tennessee agriculture extension service. All ballots shall be provided at the polling place. All voting shall be by secret ballot. (2) (A) Each person seeking to vote in the referendum shall be required to file an affidavit stating that the person is a producer as defined in this chapter. Upon signing an affidavit, that person shall be eligible to vote. The question to be decided in the referendum shall be in the following form: Shall the producers of ______________ assess themselves at the rate of ____________________ cents per ____________________ of ____________________ sold, and use the funds so collected by the department of agriculture solely to finance the Tennessee grain indemnity fund in order to protect commodity producers in the event of the financial failure of a commodity dealer or warehouseman? (B) The affirmative vote of the majority of the number of votes cast adopts the proposed assessment. (3) Within ten (10) days after the referendum, the commissioner shall canvass the votes and publicly announce the result of the referendum. Acts 1989, ch. 232, § 12; 1997 , ch. 387, § 3.
(a) Any qualified producer organization may make application to the commissioner requesting a referendum of producers on forms prescribed by the commissioner for the purpose of determining whether an assessment of the amount specified in § 43-32-202 can be levied, collected and disbursed under this part.
(b) Within thirty (30) days of receipt of an application requesting a referendum, the commissioner shall make a determination of whether or not the petitioner is a qualified producer organization and, upon this determination, shall set a date for the referendum, which shall not be more than sixty (60) days after receipt of the application, and shall publish by any reasonable means, the date of the referendum, the polling places and the hours they will be open, the amount of the proposed assessment, and the date the assessment shall begin, if adopted.
(c) (1) Any referendum held under this part shall be conducted statewide, under the control and direction of the commissioner. The polling place in each county shall be the offices of the University of Tennessee agriculture extension service. All ballots shall be provided at the polling place. All voting shall be by secret ballot. (2) (A) Each person seeking to vote in the referendum shall be required to file an affidavit stating that the person is a producer as defined in this chapter. Upon signing an affidavit, that person shall be eligible to vote. The question to be decided in the referendum shall be in the following form: Shall the producers of ______________ assess themselves at the rate of ____________________ cents per ____________________ of ____________________ sold, and use the funds so collected by the department of agriculture solely to finance the Tennessee grain indemnity fund in order to protect commodity producers in the event of the financial failure of a commodity dealer or warehouseman? (B) The affirmative vote of the majority of the number of votes cast adopts the proposed assessment. (3) Within ten (10) days after the referendum, the commissioner shall canvass the votes and publicly announce the result of the referendum.
(1) Any referendum held under this part shall be conducted statewide, under the control and direction of the commissioner. The polling place in each county shall be the offices of the University of Tennessee agriculture extension service. All ballots shall be provided at the polling place. All voting shall be by secret ballot.
(2) (A) Each person seeking to vote in the referendum shall be required to file an affidavit stating that the person is a producer as defined in this chapter. Upon signing an affidavit, that person shall be eligible to vote. The question to be decided in the referendum shall be in the following form: Shall the producers of ______________ assess themselves at the rate of ____________________ cents per ____________________ of ____________________ sold, and use the funds so collected by the department of agriculture solely to finance the Tennessee grain indemnity fund in order to protect commodity producers in the event of the financial failure of a commodity dealer or warehouseman? (B) The affirmative vote of the majority of the number of votes cast adopts the proposed assessment.
(A) Each person seeking to vote in the referendum shall be required to file an affidavit stating that the person is a producer as defined in this chapter. Upon signing an affidavit, that person shall be eligible to vote. The question to be decided in the referendum shall be in the following form: Shall the producers of ______________ assess themselves at the rate of ____________________ cents per ____________________ of ____________________ sold, and use the funds so collected by the department of agriculture solely to finance the Tennessee grain indemnity fund in order to protect commodity producers in the event of the financial failure of a commodity dealer or warehouseman?
Shall the producers of ______________ assess themselves at the rate of ____________________ cents per ____________________ of ____________________ sold, and use the funds so collected by the department of agriculture solely to finance the Tennessee grain indemnity fund in order to protect commodity producers in the event of the financial failure of a commodity dealer or warehouseman?
(B) The affirmative vote of the majority of the number of votes cast adopts the proposed assessment.
(3) Within ten (10) days after the referendum, the commissioner shall canvass the votes and publicly announce the result of the referendum.
Acts 1989, ch. 232, § 12; 1997 , ch. 387, § 3.
Tenn. Code Ann. § 43-38-1004 — TN Code / Title 43 / Chapter 38 / Section 43-38-1004
Procedure for and effect of administrative dissolution
Status: in_force

(a) If the secretary of state determines that one (1) or more grounds exist under § 43-38-1003 for dissolving a cooperative, the secretary of state shall serve the cooperative with written communication of the secretary of state's determination in accordance with §§ 43-38-110 and 43-38-111 , except that the determination may be sent by first class mail. (b) If the cooperative does not correct each ground for dissolution or demonstrate to the reasonable satisfaction of the secretary of state that each ground determined by the secretary of state does not exist within two (2) months after service of the communication in accordance with §§ 43-38-110 and 43-38-111 , the secretary of state shall administratively dissolve the cooperative by signing a certificate of dissolution that recites the ground or grounds for dissolution and its effective date. The secretary of state shall file the original of the certificate and serve a copy on the cooperative in accordance with §§ 43-38-110 and 43-38-111 , except that the certificate may be sent by first class mail. (c) A cooperative administratively dissolved continues its existence but may not carry on any business, except that necessary to wind up and liquidate its business and affairs under § 43-38-1009 and notify claimants under § 43-38-1010 . (d) The administrative dissolution of a cooperative does not terminate the authority of its registered agent. Acts 2004, ch. 534, § 32.
(a) If the secretary of state determines that one (1) or more grounds exist under § 43-38-1003 for dissolving a cooperative, the secretary of state shall serve the cooperative with written communication of the secretary of state's determination in accordance with §§ 43-38-110 and 43-38-111 , except that the determination may be sent by first class mail.
(b) If the cooperative does not correct each ground for dissolution or demonstrate to the reasonable satisfaction of the secretary of state that each ground determined by the secretary of state does not exist within two (2) months after service of the communication in accordance with §§ 43-38-110 and 43-38-111 , the secretary of state shall administratively dissolve the cooperative by signing a certificate of dissolution that recites the ground or grounds for dissolution and its effective date. The secretary of state shall file the original of the certificate and serve a copy on the cooperative in accordance with §§ 43-38-110 and 43-38-111 , except that the certificate may be sent by first class mail.
(c) A cooperative administratively dissolved continues its existence but may not carry on any business, except that necessary to wind up and liquidate its business and affairs under § 43-38-1009 and notify claimants under § 43-38-1010 .
(d) The administrative dissolution of a cooperative does not terminate the authority of its registered agent.
Acts 2004, ch. 534, § 32.
Tenn. Code Ann. § 43-10-111 — TN Code / Title 43 / Chapter 10 / Section 43-10-111
Records
Status: in_force

Each person whose name appears on the label as handling agricultural or vegetable seeds subject to this part shall keep for a period of two (2) years complete records of each lot of such seed handled, and shall keep for one (1) year a file sample of each lot of seed after final disposition of the lot. All such records and samples pertaining to the shipment or shipments involved shall be accessible for inspection by the commissioner or the commissioner's agent during customary business hours. Acts 1986, ch. 660, § 12.
Each person whose name appears on the label as handling agricultural or vegetable seeds subject to this part shall keep for a period of two (2) years complete records of each lot of such seed handled, and shall keep for one (1) year a file sample of each lot of seed after final disposition of the lot. All such records and samples pertaining to the shipment or shipments involved shall be accessible for inspection by the commissioner or the commissioner's agent during customary business hours.
Acts 1986, ch. 660, § 12.
Tenn. Code Ann. § 43-38-607 — TN Code / Title 43 / Chapter 38 / Section 43-38-607
Filling vacancies
Status: in_force

If a patron member director's position becomes vacant for a director who was elected by patron members, the board shall appoint a patron member of the cooperative to fill the director's position until the next regular or special members' meeting; provided however, that if there is only one (1) patron member director, a special members' meeting shall be called to fill the patron member director vacancy. If the vacating director was not a patron member, the board shall appoint a patron member or a patron member's representative to fill the vacant position. At the next regular or special members' meeting, the members or patron members shall elect a director to fill the unexpired term of the vacant director's position. Acts 2004, ch. 534, § 25.
If a patron member director's position becomes vacant for a director who was elected by patron members, the board shall appoint a patron member of the cooperative to fill the director's position until the next regular or special members' meeting; provided however, that if there is only one (1) patron member director, a special members' meeting shall be called to fill the patron member director vacancy. If the vacating director was not a patron member, the board shall appoint a patron member or a patron member's representative to fill the vacant position. At the next regular or special members' meeting, the members or patron members shall elect a director to fill the unexpired term of the vacant director's position.
Acts 2004, ch. 534, § 25.
Tenn. Code Ann. § 43-17-102 — TN Code / Title 43 / Chapter 17 / Section 43-17-102
Written permission of landowner to sell - When to be shown
Status: in_force

Any person offering pecans for sale that the person did not raise or own without purchasing, or on whose lands the pecans were not grown, shall be required by the buyer or dealer in the pecans, before such buyer or dealer buys them, to show a written permission to sell them from the party owning the land on which the pecans were grown, unless the party offering the pecans for sale is a bona fide owner of the land, and the dealer may require proper identification of the person offering pecans for sale. Acts 1947, ch. 174, § 2; mod. C. Supp. 1950, § 5755.29 (Williams, § 5753.15); T.C.A. (orig. ed.), § 43-1902.
Any person offering pecans for sale that the person did not raise or own without purchasing, or on whose lands the pecans were not grown, shall be required by the buyer or dealer in the pecans, before such buyer or dealer buys them, to show a written permission to sell them from the party owning the land on which the pecans were grown, unless the party offering the pecans for sale is a bona fide owner of the land, and the dealer may require proper identification of the person offering pecans for sale.
Acts 1947, ch. 174, § 2; mod. C. Supp. 1950, § 5755.29 (Williams, § 5753.15); T.C.A. (orig. ed.), § 43-1902.
Tenn. Code Ann. § 43-14-305 — TN Code / Title 43 / Chapter 14 / Section 43-14-305
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 203,s 3, eff. 4/22/2021. Acts 1937 (2nd E. S.), ch. 5, § 4; C. Supp. 1950, § 552.18 (Williams, § 584.12); impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 43-1605; Acts 2004, ch. 517, § 8.
Repealed by 2021 Tenn. Acts, ch. 203,s 3, eff. 4/22/2021.
Acts 1937 (2nd E. S.), ch. 5, § 4; C. Supp. 1950, § 552.18 (Williams, § 584.12); impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 43-1605; Acts 2004, ch. 517, § 8.
Tenn. Code Ann. § 43-38-1011 — TN Code / Title 43 / Chapter 38 / Section 43-38-1011
Claims against dissolving cooperative
Status: in_force

The claim of a creditor or claimant against a dissolving cooperative is barred if the claim has not been enforced by initiating legal, administrative or arbitration proceedings concerning the claim by two (2) years after the date the notice of intent to dissolve is filed with the secretary of state. Acts 2004, ch. 534, § 32.
The claim of a creditor or claimant against a dissolving cooperative is barred if the claim has not been enforced by initiating legal, administrative or arbitration proceedings concerning the claim by two (2) years after the date the notice of intent to dissolve is filed with the secretary of state.
Acts 2004, ch. 534, § 32.
Tenn. Code Ann. § 43-32-208 — TN Code / Title 43 / Chapter 32 / Section 43-32-208
Assessments - Collection - Fund management
Status: in_force

All assessments collected by the department pursuant to this part shall be in a separate fund and shall be used solely to carry out the purposes of this chapter. These funds may be invested and reinvested at the discretion of the state treasurer, and the interest from these investments shall be deposited to the credit of the fund and shall be available for the same purposes as all other money deposited in the Tennessee grain indemnity fund. The moneys in the Tennessee grain indemnity fund shall not be available for any purpose other than the payment of claims and for the administration of this chapter. Acts 1989, ch. 232, § 17; 1997, ch. 387, § 11.
All assessments collected by the department pursuant to this part shall be in a separate fund and shall be used solely to carry out the purposes of this chapter. These funds may be invested and reinvested at the discretion of the state treasurer, and the interest from these investments shall be deposited to the credit of the fund and shall be available for the same purposes as all other money deposited in the Tennessee grain indemnity fund. The moneys in the Tennessee grain indemnity fund shall not be available for any purpose other than the payment of claims and for the administration of this chapter.
Acts 1989, ch. 232, § 17; 1997, ch. 387, § 11.