Tenn. Code Ann. § 53-10-306 — TN Code / Title 53 / Chapter 10 / Section 53-10-306
Confidentiality - Disclosure of information - Penalties
Status: in_force

(a) Information sent to, contained in, and reported from the database in any format is confidential and not subject to title 10, chapter 7, regarding public records, and not subject to subpoena from any court and shall be made available only as provided for in § 53-10-308 and to the following persons in accordance with the limitations stated and rules promulgated pursuant to this part, or as otherwise provided for in §§ 53-10-304 and 53-10-311 : (1) Personnel of the committee specifically assigned to conduct analysis or research; (2) Authorized committee, board, or department personnel engaged in analysis of controlled substances prescription information as a part of their assigned duties and responsibilities; (3) A healthcare practitioner conducting medication history reviews who is involved in the care of a patient or making decisions regarding patient care or patient enrollment; a healthcare practitioner or supervising physician of a healthcare practitioner conducting a review of all medications dispensed by prescription attributed to that healthcare practitioner or a healthcare practitioner having authority to prescribe or dispense controlled substances, to the extent the information relates specifically to a current or bona fide prospective patient of the healthcare practitioner, to whom the healthcare practitioner has prescribed or dispensed, is prescribing, dispensing, approving of the prescribing or dispensing, or considering prescribing or dispensing any controlled substance. Each authorized individual referenced under this subdivision (a)(3) shall have a separate identifiable authentication for access; (4) A healthcare practitioner under review by a quality improvement committee, as defined in § 63-1-150 , who submits information contained in, and reported from the database to a quality improvement committee; (5) A licensed pharmacist conducting drug utilization or medication history reviews who is actively involved in the care of the patient or making decisions regarding care of the patient or patient enrollment. Each authorized individual referenced under this subdivision (a)(5) shall have a separate identifiable authentication for access; (6) The state chief medical examiner, a deputy or assistant state medical examiner appointed pursuant to § 38-7-103 , a county medical examiner or deputy county medical examiner appointed pursuant to § 38-7-104 , or a forensic pathologist under the control or direction of the chief medical examiner or a county medical examiner when acting in an official capacity as established in § 38-7-109 ; provided, that any access to information from the database is subject to the confidentiality provisions of this part, except where information obtained from the database is appropriately included in any official report under § 38-7-110(c) ; (7) Personnel of the following entities actively engaged in analysis of controlled substances prescription information as a part of their assigned duties and responsibilities related directly to the TennCare program: (A) The office of inspector general; (B) The medicaid fraud control unit; and (C) The bureau of TennCare's chief medical officer, associate chief medical directors, director of quality oversight, and directors of pharmacy; (8) Personnel of the bureau of TennCare who request deidentified controlled substances prescribing information from the database which does not contain personally identifiable data but only on request by the following personnel of the bureau: (A) The chief medical officer; (B) Associate chief medical directors; (C) Director of quality oversight; and (D) Directors of pharmacy; (9) A quality improvement committee, as defined in § 63-1-150 , of a group practice that is engaged in the provision of healthcare services, as part of the committee's confidential and privileged activities under § 63-1-150(c)(3) with respect to the evaluation of the safety, quality, appropriateness, or necessity of healthcare services performed by a healthcare practitioner, if the information is furnished to a quality improvement committee by the healthcare practitioner that is the subject of review by the quality improvement committee; (10) A quality improvement committee, as defined in § 68-11-272 , of a hospital licensed under title 68 or title 33, as part of the committee's confidential and privileged activities under § 68-11-272(b)(4) with respect to the evaluation, supervision, or discipline of a healthcare provider employed by the hospital or any of its affiliates or subsidiaries, who is known or suspected by the hospital's administrator to be prescribing controlled substances for the healthcare practitioner's personal use; (11) (A) Law enforcement personnel; provided, that such personnel are engaged in the official investigation and enforcement of state or federal laws involving controlled substances or violations under this part; and that any law enforcement personnel receiving information from the database pursuant to this section shall comply with this subsection (a); (B) Any law enforcement personnel; provided, that for an officer or agent to have the authorization to request information from the database, the officer or agent shall first be preapproved. Preapproval shall require: (i) Agents of a judicial drug task force employed by the United States department of justice, law enforcement officers certified pursuant to § 38-8-107 , and law enforcement officers certified by other states to require: (a) The list of preapproved agents to be sent to the district attorney general in the judicial district in the district in which the task force has jurisdiction; and (b) By December 1 of each year, each district attorney general shall send to the director a list of applicants authorized to request information from the database from that general's judicial district; or (ii) Tennessee bureau of investigation (TBI) agents or drug enforcement administration agents to require: (a) Preapproval by the assistant special agent in charge or the agent's immediate supervisor and division head. Approved applicants shall be sent to the board by the director; and (b) By December 1 of each year, the TBI director or the assistant special agent in charge shall send to the director of the controlled substance database, committee, or commissioner a list of applicants authorized to request information from the database; (C) An application submitted by law enforcement personnel shall include, but not be limited to, the: (i) Applicant's name; title; agency; agency address; agency contact number; agency supervisor; and badge number, identification number, or commission number; and the business e-mail address of each applicant officer or agent, the appropriate district attorney general, DEA agent, and, if a TBI agent, the TBI director and their business e-mail addresses; and (ii) Signatures of the applicant, the applicant's approving supervisor, and the district attorney general of the judicial district, assistant special agent in charge in which the applicant has jurisdiction, or the approving division head and the TBI director; and (D) It shall be a duty of the committee or commissioner, through the director, as part of the duties to maintain the database pursuant to § 53-10-305(e) , to receive and verify the lists of authorized applications sent to it by the district attorneys general, assistant special agent in charge, and the director of the TBI pursuant to this subsection (a); (12) The judge of a drug court treatment program, created under the Drug Court Treatment Act of 2003, compiled in title 16, chapter 22, and pursuant to this part to the extent the information relates specifically to a current participant in the drug court treatment program. Any judge or personnel of a drug court treatment program receiving information from the database pursuant to this subdivision (a)(12) shall comply with this subsection (a) and the following: (A) Any judge of a participating drug court requesting information from the database shall submit an application to the director pursuant to subdivision (a)(12)(B) that must include acknowledgment by the district attorney general of the judge's judicial district that the judge is seeking information from the database on a current participant in the drug court treatment program; (B) An application submitted by the judge of a drug court treatment program shall include: (i) The applicant's name, title, agency, agency address, and business e-mail address; (ii) The signatures of the judge and the district attorney general of the judicial district in which the judge has jurisdiction; and (iii) The names of any current participants in the drug court treatment program that the judge has a reasonable belief may not be in compliance with the guidelines or rules of participation in the drug court treatment program as they pertain solely to the participant's unauthorized use or misuse of controlled substances. Such information shall not be considered a public record as defined by § 10-7-503 ; and (C) The commissioner, through the director, shall, as part of the duty to maintain the database pursuant to this part, receive the authorized application sent by the judge of the participating drug court treatment program pursuant to this subsection (a); and (13) A healthcare practitioner delegate, who is acting under the direction and supervision of a healthcare practitioner as an agent of a healthcare practitioner. Each authorized individual shall have a separate identifiable authentication for access. (b) When requesting information from the database, law enforcement personnel shall provide a case number as part of the process for requesting information from the database. The case number entered shall correspond with an official investigation involving controlled substances and information requested should directly relate to the investigation. (c) The commissioner, in consultation with the committee, may, by rule, establish a fee for providing information to a law enforcement agency, judicial district drug task force, TBI, or a judge of a drug court treatment program pursuant to this section. In determining the fee and type of fee to be charged, the commissioner may consider options such as an annual fee or a per use, incremental cost basis fee, or other methods as the commissioner deems appropriate. (d) Law enforcement personnel, who are authorized to request information from the database, shall resubmit their identifying application information that was submitted pursuant to this section to the appropriate district attorney, United States attorney, TBI director, or assistant special agent in charge by November 20 of each year. Such resubmitted applications shall be sent by the appropriate district attorney general, TBI director, or assistant special agent in charge to the board by December 1 of each year. If during the calendar year a name is added to the list, removed from the list, or information about a person on the list changes, the appropriate district attorney, or special agent in charge, shall immediately notify the director of the controlled substance database, committee, or commissioner of any changes to the list submitted or in the information submitted for each attorney, officer, or agent on the list application. (e) (1) Information obtained by law enforcement personnel from the database may be shared with other law enforcement personnel or prosecutorial officials only upon the direction of the officer or agent who originally requested the information and may only be shared with law enforcement personnel from other law enforcement agencies who are directly participating in an official joint investigation. (2) Any information obtained from the database that is sent to law enforcement personnel shall also be sent to the district attorney general of the judicial district to the district in which such officer or agent has jurisdiction. Likewise, any database information sent to a TBI agent or DEA agent shall also be sent to the TBI director or the assistant special agent in charge. (3) (A) Information obtained from the database by the judge of a drug court treatment program may be shared with personnel of a drug court treatment program. (B) For the purposes of this subdivision (e)(3), "personnel of a drug court treatment program" includes a judge of a drug court and any person employed by the drug court and designated by the judge to require access to the information in order to efficiently administer the drug court treatment program. (4) Any information obtained from the database that is sent to a judge of a drug court treatment program shall also be sent to the district attorney general of the judicial district in which the judge has jurisdiction. (f) (1) To ensure the privacy and confidentiality of patient records, information obtained from the database by law enforcement personnel shall be retained by the law enforcement personnel's respective department or agency. The information obtained from the database shall not be made a public record. Any information used in a criminal or administrative action from the controlled substance monitoring database shall be placed under seal or have patient names and all other personally identifying information of patients redacted. Information obtained from the database shall be maintained as evidence in accordance with each law enforcement agency's respective procedures relating to the maintenance of evidence. (2) To ensure the privacy and confidentiality of patient records, information obtained from the database by a drug court treatment program shall be retained by the program director of the drug court treatment program. The information obtained from the database shall not be made a public record, notwithstanding the use of the information in court for prosecution purposes. (g) Any information disseminated pursuant to subdivisions (a)(1)-(3) and (a)(5)-(8) shall be released to the individual or entity requesting the information by the database manager or by password-protected internet access. (h) (1) Any healthcare practitioner or healthcare practitioner delegate receiving patient-specific information pursuant to subdivision (a)(1), (a)(2), (a)(3), or (a)(5) shall not disclose the information to any person other than: (A) The patient to whom the information relates; (B) Other healthcare practitioners who are involved or have a bona fide prospective involvement in the treatment of the patient, or healthcare practitioners identified by the information for the purpose of verifying the accuracy of the information; or (C) Any law enforcement personnel to whom reporting of controlled substances being obtained in a manner prohibited by § 53-11-401 , or § 53-11-402(a)(3) or (a)(6) , is required by § 53-11-309 , or any agent of the healthcare practitioner who is directed by the healthcare practitioner to cause a report to law enforcement to be made in accordance with § 53-11-309(a) and (d) . (2) A healthcare practitioner or healthcare practitioner delegate may place a copy of a patient's report obtained from the database pursuant to this section in that patient's medical records, with the exception of information reported to the database by a Part 2 Program. Once a copy of a patient's report obtained from the database pursuant to this section is placed in the patient's medical records, the copy is subject to disclosure on the same terms and conditions as medical records under §§ 63-1-117 and 63-2-101 . A patient's information reported to the database by a Part 2 Program shall not be placed in the patient's medical records unless doing so complies with the privacy requirements of 42 CFR Part 2 and the rules promulgated by the commissioner pursuant to § 53-10-304(e) . (i) If law enforcement personnel or a judge of a drug court treatment program has probable cause to believe, based upon information received from a database request, that a healthcare practitioner may be acting or may have acted in violation of the law, the officer, agent, or judge shall consult with the appropriate licensing board as established under title 63 or title 68. (j) (1) (A) At least every six (6) months, the committee or commissioner or their designee shall send a list to each district attorney general containing all requests made for database information during the previous six (6) months. (B) The list shall include: (i) The name of the requesting attorney, officer, or agent; (ii) The attorney, officer, or agent's agency; (iii) The date of the request; and (iv) The nature of the request, including the case number for each attorney, officer, or agent making a request in such district attorney's judicial district. (C) Likewise, a list shall be sent to the director of the TBI for all TBI agents or the assistant special agent in charge for all DEA agents making requests during the previous six (6) months. (2) Each district attorney general, or assistant special agent in charge and the TBI director shall use the list to perform an audit to determine if the database information requests made during the preceding six-month period correspond to specific cases under investigation in the applicable judicial district or by the bureau and if the information requested is relevant and pertinent to an investigation. (3) Each district attorney general, assistant special agent in charge, and the TBI director shall verify all database information requests contained on the list received and send it back to the board within sixty (60) days of receipt. If a database information request does not correspond to an investigation in the applicable jurisdiction or if the information requested was not relevant or pertinent to the information requested, the district attorney general, assistant special agent in charge, or TBI director shall so note on the verified list and shall investigate the discrepancy and make a report back to the director of the controlled substance database within a reasonable period of time. (4) The results of the audit conducted pursuant to subdivision (j)(2) shall be discoverable by a healthcare practitioner or healthcare practitioner delegate charged with violating any state or federal law involving controlled substances or under a notice of charges proffered by an appropriate licensing board for a violation of any law involving controlled substances, but only the results pertaining to that healthcare practitioner or healthcare practitioner delegate are discoverable. If, however, there is an active criminal investigation involving a healthcare practitioner or healthcare practitioner delegate or the healthcare practitioner or healthcare practitioner delegate is under investigation by any investigations or prosecution unit of the appropriate licensure board, the results of the audit conducted pursuant to subdivision (j)(2) shall not be discoverable by the healthcare practitioner or the healthcare practitioner delegate during either such period. (k) (1) Any person who obtains or attempts to obtain information from the database by misrepresentation or fraud is guilty of a Class A misdemeanor. (2) Any person who knowingly uses, releases, publishes, or otherwise makes available to any other person or entity any information submitted to, contained in, or obtained from the database for any purpose other than those specified in this part is guilty of a Class A misdemeanor. (3) Intentional unauthorized use or disclosure of database information by law enforcement personnel is a Class A misdemeanor. (4) Any law enforcement personnel whom the department has reason to suspect of violation of this section or who has been charged with a violation of this section shall have such person's authorization to request information from the database suspended. Any law enforcement personnel, found guilty of a violation of this subsection (k) shall have such person's authorization to request information from the database permanently revoked. (5) Where an individual authorized under subsection (a) acts in good faith in accessing or using information from the database in accordance with the limitations under this part, that person shall not incur any civil or criminal liability as a result of that use or access. (l) (1) The following personnel of the department of mental health and substance abuse services actively engaged in analysis of controlled substances prescription information as a part of their assigned duties and responsibilities shall have access to the database for controlled substances prescription information for specific patients or healthcare practitioners: (A) The chief pharmacist; (B) The state opioid treatment authority (SOTA) or SOTA designee; and (C) The medical director. (2) Deidentified controlled substances prescribing information from the database may be provided upon request by the following personnel of the department of mental health and substance abuse services, who are actively engaged in analysis of controlled substances prescription information as provided in this subsection ( l ), and may be provided upon request to other personnel of the department of mental health and substance abuse services and other state government agencies as needed to fulfill assigned duties and responsibilities: (A) The chief pharmacist; (B) The SOTA; or (C) The medical director. (m) Where an investigation is conducted under § 38-7-109 , and information within the database is obtained pursuant to the requirements of this part, there exists a rebuttable presumption that the county medical examiner is acting in good faith. (n) Authorized committee, board, or department personnel and any designee appointed by the committee engaged in analysis of controlled substances prescription information as a part of the assigned duties and responsibilities of their employment may publish, or otherwise make available to healthcare practitioners and to the general public, deidentified personal data contained in or derived from the database for the purpose of educational outreach. (o) Prohibited access to, an inappropriate request for, or illegal disclosure of information from the database by a judge of a drug court treatment program shall be considered a violation of the canons of the Code of Judicial Conduct, including Rules 1.2, 1.3, and 3.5. (p) Deidentified information from the database must not include the identifying information of any patient, healthcare practitioner, healthcare practitioner delegate, or healthcare facility. (q) Notwithstanding subsections (a)-(p), information reported to the database by a Part 2 Program, as well as a subsequent disclosure of such information, may only be made available in accordance with 42 CFR Part 2 and the rules promulgated by the commissioner pursuant to § 53-10-304(e) . Amended by 2022 Tenn. Acts, ch. 825, Secs.s8, s9, s10, s11 eff. 4/14/2022. Amended by 2021 Tenn. Acts, ch. 136, Secs.s4, s5, s6, s7, s8 eff. 4/13/2021. Amended by 2019 Tenn. Acts, ch. 124, Secs.s 1, s 2 eff. 4/9/2019. Acts 2002, ch. 840, § 1; 2004, ch. 673, § 27; 2005, ch. 474, § 7; 2007 , ch. 498, §§ 1, 2; 2007 , ch. 518, § 4; 2008 , ch. 914, § 1; 2011 , ch. 310, § 3; 2012 , ch. 575, § 1; 2012 , ch. 880, §§ 7 - 15; 2012 , ch. 915, § 1; 2012 , ch. 924, §§ 1 - 5; 2014 , ch. 622, §§ 1 - 4; 2014 , ch. 791, §§ 1 - 6.
(a) Information sent to, contained in, and reported from the database in any format is confidential and not subject to title 10, chapter 7, regarding public records, and not subject to subpoena from any court and shall be made available only as provided for in § 53-10-308 and to the following persons in accordance with the limitations stated and rules promulgated pursuant to this part, or as otherwise provided for in §§ 53-10-304 and 53-10-311 : (1) Personnel of the committee specifically assigned to conduct analysis or research; (2) Authorized committee, board, or department personnel engaged in analysis of controlled substances prescription information as a part of their assigned duties and responsibilities; (3) A healthcare practitioner conducting medication history reviews who is involved in the care of a patient or making decisions regarding patient care or patient enrollment; a healthcare practitioner or supervising physician of a healthcare practitioner conducting a review of all medications dispensed by prescription attributed to that healthcare practitioner or a healthcare practitioner having authority to prescribe or dispense controlled substances, to the extent the information relates specifically to a current or bona fide prospective patient of the healthcare practitioner, to whom the healthcare practitioner has prescribed or dispensed, is prescribing, dispensing, approving of the prescribing or dispensing, or considering prescribing or dispensing any controlled substance. Each authorized individual referenced under this subdivision (a)(3) shall have a separate identifiable authentication for access; (4) A healthcare practitioner under review by a quality improvement committee, as defined in § 63-1-150 , who submits information contained in, and reported from the database to a quality improvement committee; (5) A licensed pharmacist conducting drug utilization or medication history reviews who is actively involved in the care of the patient or making decisions regarding care of the patient or patient enrollment. Each authorized individual referenced under this subdivision (a)(5) shall have a separate identifiable authentication for access; (6) The state chief medical examiner, a deputy or assistant state medical examiner appointed pursuant to § 38-7-103 , a county medical examiner or deputy county medical examiner appointed pursuant to § 38-7-104 , or a forensic pathologist under the control or direction of the chief medical examiner or a county medical examiner when acting in an official capacity as established in § 38-7-109 ; provided, that any access to information from the database is subject to the confidentiality provisions of this part, except where information obtained from the database is appropriately included in any official report under § 38-7-110(c) ; (7) Personnel of the following entities actively engaged in analysis of controlled substances prescription information as a part of their assigned duties and responsibilities related directly to the TennCare program: (A) The office of inspector general; (B) The medicaid fraud control unit; and (C) The bureau of TennCare's chief medical officer, associate chief medical directors, director of quality oversight, and directors of pharmacy; (8) Personnel of the bureau of TennCare who request deidentified controlled substances prescribing information from the database which does not contain personally identifiable data but only on request by the following personnel of the bureau: (A) The chief medical officer; (B) Associate chief medical directors; (C) Director of quality oversight; and (D) Directors of pharmacy; (9) A quality improvement committee, as defined in § 63-1-150 , of a group practice that is engaged in the provision of healthcare services, as part of the committee's confidential and privileged activities under § 63-1-150(c)(3) with respect to the evaluation of the safety, quality, appropriateness, or necessity of healthcare services performed by a healthcare practitioner, if the information is furnished to a quality improvement committee by the healthcare practitioner that is the subject of review by the quality improvement committee; (10) A quality improvement committee, as defined in § 68-11-272 , of a hospital licensed under title 68 or title 33, as part of the committee's confidential and privileged activities under § 68-11-272(b)(4) with respect to the evaluation, supervision, or discipline of a healthcare provider employed by the hospital or any of its affiliates or subsidiaries, who is known or suspected by the hospital's administrator to be prescribing controlled substances for the healthcare practitioner's personal use; (11) (A) Law enforcement personnel; provided, that such personnel are engaged in the official investigation and enforcement of state or federal laws involving controlled substances or violations under this part; and that any law enforcement personnel receiving information from the database pursuant to this section shall comply with this subsection (a); (B) Any law enforcement personnel; provided, that for an officer or agent to have the authorization to request information from the database, the officer or agent shall first be preapproved. Preapproval shall require: (i) Agents of a judicial drug task force employed by the United States department of justice, law enforcement officers certified pursuant to § 38-8-107 , and law enforcement officers certified by other states to require: (a) The list of preapproved agents to be sent to the district attorney general in the judicial district in the district in which the task force has jurisdiction; and (b) By December 1 of each year, each district attorney general shall send to the director a list of applicants authorized to request information from the database from that general's judicial district; or (ii) Tennessee bureau of investigation (TBI) agents or drug enforcement administration agents to require: (a) Preapproval by the assistant special agent in charge or the agent's immediate supervisor and division head. Approved applicants shall be sent to the board by the director; and (b) By December 1 of each year, the TBI director or the assistant special agent in charge shall send to the director of the controlled substance database, committee, or commissioner a list of applicants authorized to request information from the database; (C) An application submitted by law enforcement personnel shall include, but not be limited to, the: (i) Applicant's name; title; agency; agency address; agency contact number; agency supervisor; and badge number, identification number, or commission number; and the business e-mail address of each applicant officer or agent, the appropriate district attorney general, DEA agent, and, if a TBI agent, the TBI director and their business e-mail addresses; and (ii) Signatures of the applicant, the applicant's approving supervisor, and the district attorney general of the judicial district, assistant special agent in charge in which the applicant has jurisdiction, or the approving division head and the TBI director; and (D) It shall be a duty of the committee or commissioner, through the director, as part of the duties to maintain the database pursuant to § 53-10-305(e) , to receive and verify the lists of authorized applications sent to it by the district attorneys general, assistant special agent in charge, and the director of the TBI pursuant to this subsection (a); (12) The judge of a drug court treatment program, created under the Drug Court Treatment Act of 2003, compiled in title 16, chapter 22, and pursuant to this part to the extent the information relates specifically to a current participant in the drug court treatment program. Any judge or personnel of a drug court treatment program receiving information from the database pursuant to this subdivision (a)(12) shall comply with this subsection (a) and the following: (A) Any judge of a participating drug court requesting information from the database shall submit an application to the director pursuant to subdivision (a)(12)(B) that must include acknowledgment by the district attorney general of the judge's judicial district that the judge is seeking information from the database on a current participant in the drug court treatment program; (B) An application submitted by the judge of a drug court treatment program shall include: (i) The applicant's name, title, agency, agency address, and business e-mail address; (ii) The signatures of the judge and the district attorney general of the judicial district in which the judge has jurisdiction; and (iii) The names of any current participants in the drug court treatment program that the judge has a reasonable belief may not be in compliance with the guidelines or rules of participation in the drug court treatment program as they pertain solely to the participant's unauthorized use or misuse of controlled substances. Such information shall not be considered a public record as defined by § 10-7-503 ; and (C) The commissioner, through the director, shall, as part of the duty to maintain the database pursuant to this part, receive the authorized application sent by the judge of the participating drug court treatment program pursuant to this subsection (a); and (13) A healthcare practitioner delegate, who is acting under the direction and supervision of a healthcare practitioner as an agent of a healthcare practitioner. Each authorized individual shall have a separate identifiable authentication for access.
(1) Personnel of the committee specifically assigned to conduct analysis or research;
(2) Authorized committee, board, or department personnel engaged in analysis of controlled substances prescription information as a part of their assigned duties and responsibilities;
(3) A healthcare practitioner conducting medication history reviews who is involved in the care of a patient or making decisions regarding patient care or patient enrollment; a healthcare practitioner or supervising physician of a healthcare practitioner conducting a review of all medications dispensed by prescription attributed to that healthcare practitioner or a healthcare practitioner having authority to prescribe or dispense controlled substances, to the extent the information relates specifically to a current or bona fide prospective patient of the healthcare practitioner, to whom the healthcare practitioner has prescribed or dispensed, is prescribing, dispensing, approving of the prescribing or dispensing, or considering prescribing or dispensing any controlled substance. Each authorized individual referenced under this subdivision (a)(3) shall have a separate identifiable authentication for access;
(4) A healthcare practitioner under review by a quality improvement committee, as defined in § 63-1-150 , who submits information contained in, and reported from the database to a quality improvement committee;
(5) A licensed pharmacist conducting drug utilization or medication history reviews who is actively involved in the care of the patient or making decisions regarding care of the patient or patient enrollment. Each authorized individual referenced under this subdivision (a)(5) shall have a separate identifiable authentication for access;
(6) The state chief medical examiner, a deputy or assistant state medical examiner appointed pursuant to § 38-7-103 , a county medical examiner or deputy county medical examiner appointed pursuant to § 38-7-104 , or a forensic pathologist under the control or direction of the chief medical examiner or a county medical examiner when acting in an official capacity as established in § 38-7-109 ; provided, that any access to information from the database is subject to the confidentiality provisions of this part, except where information obtained from the database is appropriately included in any official report under § 38-7-110(c) ;
(7) Personnel of the following entities actively engaged in analysis of controlled substances prescription information as a part of their assigned duties and responsibilities related directly to the TennCare program: (A) The office of inspector general; (B) The medicaid fraud control unit; and (C) The bureau of TennCare's chief medical officer, associate chief medical directors, director of quality oversight, and directors of pharmacy;
(A) The office of inspector general;
(B) The medicaid fraud control unit; and
(C) The bureau of TennCare's chief medical officer, associate chief medical directors, director of quality oversight, and directors of pharmacy;
(8) Personnel of the bureau of TennCare who request deidentified controlled substances prescribing information from the database which does not contain personally identifiable data but only on request by the following personnel of the bureau: (A) The chief medical officer; (B) Associate chief medical directors; (C) Director of quality oversight; and (D) Directors of pharmacy;
(A) The chief medical officer;
(B) Associate chief medical directors;
(C) Director of quality oversight; and
(D) Directors of pharmacy;
(9) A quality improvement committee, as defined in § 63-1-150 , of a group practice that is engaged in the provision of healthcare services, as part of the committee's confidential and privileged activities under § 63-1-150(c)(3) with respect to the evaluation of the safety, quality, appropriateness, or necessity of healthcare services performed by a healthcare practitioner, if the information is furnished to a quality improvement committee by the healthcare practitioner that is the subject of review by the quality improvement committee;
(10) A quality improvement committee, as defined in § 68-11-272 , of a hospital licensed under title 68 or title 33, as part of the committee's confidential and privileged activities under § 68-11-272(b)(4) with respect to the evaluation, supervision, or discipline of a healthcare provider employed by the hospital or any of its affiliates or subsidiaries, who is known or suspected by the hospital's administrator to be prescribing controlled substances for the healthcare practitioner's personal use;
(11) (A) Law enforcement personnel; provided, that such personnel are engaged in the official investigation and enforcement of state or federal laws involving controlled substances or violations under this part; and that any law enforcement personnel receiving information from the database pursuant to this section shall comply with this subsection (a); (B) Any law enforcement personnel; provided, that for an officer or agent to have the authorization to request information from the database, the officer or agent shall first be preapproved. Preapproval shall require: (i) Agents of a judicial drug task force employed by the United States department of justice, law enforcement officers certified pursuant to § 38-8-107 , and law enforcement officers certified by other states to require: (a) The list of preapproved agents to be sent to the district attorney general in the judicial district in the district in which the task force has jurisdiction; and (b) By December 1 of each year, each district attorney general shall send to the director a list of applicants authorized to request information from the database from that general's judicial district; or (ii) Tennessee bureau of investigation (TBI) agents or drug enforcement administration agents to require: (a) Preapproval by the assistant special agent in charge or the agent's immediate supervisor and division head. Approved applicants shall be sent to the board by the director; and (b) By December 1 of each year, the TBI director or the assistant special agent in charge shall send to the director of the controlled substance database, committee, or commissioner a list of applicants authorized to request information from the database; (C) An application submitted by law enforcement personnel shall include, but not be limited to, the: (i) Applicant's name; title; agency; agency address; agency contact number; agency supervisor; and badge number, identification number, or commission number; and the business e-mail address of each applicant officer or agent, the appropriate district attorney general, DEA agent, and, if a TBI agent, the TBI director and their business e-mail addresses; and (ii) Signatures of the applicant, the applicant's approving supervisor, and the district attorney general of the judicial district, assistant special agent in charge in which the applicant has jurisdiction, or the approving division head and the TBI director; and (D) It shall be a duty of the committee or commissioner, through the director, as part of the duties to maintain the database pursuant to § 53-10-305(e) , to receive and verify the lists of authorized applications sent to it by the district attorneys general, assistant special agent in charge, and the director of the TBI pursuant to this subsection (a);
(A) Law enforcement personnel; provided, that such personnel are engaged in the official investigation and enforcement of state or federal laws involving controlled substances or violations under this part; and that any law enforcement personnel receiving information from the database pursuant to this section shall comply with this subsection (a);
(B) Any law enforcement personnel; provided, that for an officer or agent to have the authorization to request information from the database, the officer or agent shall first be preapproved. Preapproval shall require: (i) Agents of a judicial drug task force employed by the United States department of justice, law enforcement officers certified pursuant to § 38-8-107 , and law enforcement officers certified by other states to require: (a) The list of preapproved agents to be sent to the district attorney general in the judicial district in the district in which the task force has jurisdiction; and (b) By December 1 of each year, each district attorney general shall send to the director a list of applicants authorized to request information from the database from that general's judicial district; or (ii) Tennessee bureau of investigation (TBI) agents or drug enforcement administration agents to require: (a) Preapproval by the assistant special agent in charge or the agent's immediate supervisor and division head. Approved applicants shall be sent to the board by the director; and (b) By December 1 of each year, the TBI director or the assistant special agent in charge shall send to the director of the controlled substance database, committee, or commissioner a list of applicants authorized to request information from the database;
(i) Agents of a judicial drug task force employed by the United States department of justice, law enforcement officers certified pursuant to § 38-8-107 , and law enforcement officers certified by other states to require: (a) The list of preapproved agents to be sent to the district attorney general in the judicial district in the district in which the task force has jurisdiction; and (b) By December 1 of each year, each district attorney general shall send to the director a list of applicants authorized to request information from the database from that general's judicial district; or
(a) The list of preapproved agents to be sent to the district attorney general in the judicial district in the district in which the task force has jurisdiction; and
(b) By December 1 of each year, each district attorney general shall send to the director a list of applicants authorized to request information from the database from that general's judicial district; or
(ii) Tennessee bureau of investigation (TBI) agents or drug enforcement administration agents to require: (a) Preapproval by the assistant special agent in charge or the agent's immediate supervisor and division head. Approved applicants shall be sent to the board by the director; and (b) By December 1 of each year, the TBI director or the assistant special agent in charge shall send to the director of the controlled substance database, committee, or commissioner a list of applicants authorized to request information from the database;
(a) Preapproval by the assistant special agent in charge or the agent's immediate supervisor and division head. Approved applicants shall be sent to the board by the director; and
(b) By December 1 of each year, the TBI director or the assistant special agent in charge shall send to the director of the controlled substance database, committee, or commissioner a list of applicants authorized to request information from the database;
(C) An application submitted by law enforcement personnel shall include, but not be limited to, the: (i) Applicant's name; title; agency; agency address; agency contact number; agency supervisor; and badge number, identification number, or commission number; and the business e-mail address of each applicant officer or agent, the appropriate district attorney general, DEA agent, and, if a TBI agent, the TBI director and their business e-mail addresses; and (ii) Signatures of the applicant, the applicant's approving supervisor, and the district attorney general of the judicial district, assistant special agent in charge in which the applicant has jurisdiction, or the approving division head and the TBI director; and
(i) Applicant's name; title; agency; agency address; agency contact number; agency supervisor; and badge number, identification number, or commission number; and the business e-mail address of each applicant officer or agent, the appropriate district attorney general, DEA agent, and, if a TBI agent, the TBI director and their business e-mail addresses; and
(ii) Signatures of the applicant, the applicant's approving supervisor, and the district attorney general of the judicial district, assistant special agent in charge in which the applicant has jurisdiction, or the approving division head and the TBI director; and
(D) It shall be a duty of the committee or commissioner, through the director, as part of the duties to maintain the database pursuant to § 53-10-305(e) , to receive and verify the lists of authorized applications sent to it by the district attorneys general, assistant special agent in charge, and the director of the TBI pursuant to this subsection (a);
(12) The judge of a drug court treatment program, created under the Drug Court Treatment Act of 2003, compiled in title 16, chapter 22, and pursuant to this part to the extent the information relates specifically to a current participant in the drug court treatment program. Any judge or personnel of a drug court treatment program receiving information from the database pursuant to this subdivision (a)(12) shall comply with this subsection (a) and the following: (A) Any judge of a participating drug court requesting information from the database shall submit an application to the director pursuant to subdivision (a)(12)(B) that must include acknowledgment by the district attorney general of the judge's judicial district that the judge is seeking information from the database on a current participant in the drug court treatment program; (B) An application submitted by the judge of a drug court treatment program shall include: (i) The applicant's name, title, agency, agency address, and business e-mail address; (ii) The signatures of the judge and the district attorney general of the judicial district in which the judge has jurisdiction; and (iii) The names of any current participants in the drug court treatment program that the judge has a reasonable belief may not be in compliance with the guidelines or rules of participation in the drug court treatment program as they pertain solely to the participant's unauthorized use or misuse of controlled substances. Such information shall not be considered a public record as defined by § 10-7-503 ; and (C) The commissioner, through the director, shall, as part of the duty to maintain the database pursuant to this part, receive the authorized application sent by the judge of the participating drug court treatment program pursuant to this subsection (a); and
(A) Any judge of a participating drug court requesting information from the database shall submit an application to the director pursuant to subdivision (a)(12)(B) that must include acknowledgment by the district attorney general of the judge's judicial district that the judge is seeking information from the database on a current participant in the drug court treatment program;
(B) An application submitted by the judge of a drug court treatment program shall include: (i) The applicant's name, title, agency, agency address, and business e-mail address; (ii) The signatures of the judge and the district attorney general of the judicial district in which the judge has jurisdiction; and (iii) The names of any current participants in the drug court treatment program that the judge has a reasonable belief may not be in compliance with the guidelines or rules of participation in the drug court treatment program as they pertain solely to the participant's unauthorized use or misuse of controlled substances. Such information shall not be considered a public record as defined by § 10-7-503 ; and
(i) The applicant's name, title, agency, agency address, and business e-mail address;
(ii) The signatures of the judge and the district attorney general of the judicial district in which the judge has jurisdiction; and
(iii) The names of any current participants in the drug court treatment program that the judge has a reasonable belief may not be in compliance with the guidelines or rules of participation in the drug court treatment program as they pertain solely to the participant's unauthorized use or misuse of controlled substances. Such information shall not be considered a public record as defined by § 10-7-503 ; and
(C) The commissioner, through the director, shall, as part of the duty to maintain the database pursuant to this part, receive the authorized application sent by the judge of the participating drug court treatment program pursuant to this subsection (a); and
(13) A healthcare practitioner delegate, who is acting under the direction and supervision of a healthcare practitioner as an agent of a healthcare practitioner. Each authorized individual shall have a separate identifiable authentication for access.
(b) When requesting information from the database, law enforcement personnel shall provide a case number as part of the process for requesting information from the database. The case number entered shall correspond with an official investigation involving controlled substances and information requested should directly relate to the investigation.
(c) The commissioner, in consultation with the committee, may, by rule, establish a fee for providing information to a law enforcement agency, judicial district drug task force, TBI, or a judge of a drug court treatment program pursuant to this section. In determining the fee and type of fee to be charged, the commissioner may consider options such as an annual fee or a per use, incremental cost basis fee, or other methods as the commissioner deems appropriate.
(d) Law enforcement personnel, who are authorized to request information from the database, shall resubmit their identifying application information that was submitted pursuant to this section to the appropriate district attorney, United States attorney, TBI director, or assistant special agent in charge by November 20 of each year. Such resubmitted applications shall be sent by the appropriate district attorney general, TBI director, or assistant special agent in charge to the board by December 1 of each year. If during the calendar year a name is added to the list, removed from the list, or information about a person on the list changes, the appropriate district attorney, or special agent in charge, shall immediately notify the director of the controlled substance database, committee, or commissioner of any changes to the list submitted or in the information submitted for each attorney, officer, or agent on the list application.
(e) (1) Information obtained by law enforcement personnel from the database may be shared with other law enforcement personnel or prosecutorial officials only upon the direction of the officer or agent who originally requested the information and may only be shared with law enforcement personnel from other law enforcement agencies who are directly participating in an official joint investigation. (2) Any information obtained from the database that is sent to law enforcement personnel shall also be sent to the district attorney general of the judicial district to the district in which such officer or agent has jurisdiction. Likewise, any database information sent to a TBI agent or DEA agent shall also be sent to the TBI director or the assistant special agent in charge. (3) (A) Information obtained from the database by the judge of a drug court treatment program may be shared with personnel of a drug court treatment program. (B) For the purposes of this subdivision (e)(3), "personnel of a drug court treatment program" includes a judge of a drug court and any person employed by the drug court and designated by the judge to require access to the information in order to efficiently administer the drug court treatment program. (4) Any information obtained from the database that is sent to a judge of a drug court treatment program shall also be sent to the district attorney general of the judicial district in which the judge has jurisdiction.
(1) Information obtained by law enforcement personnel from the database may be shared with other law enforcement personnel or prosecutorial officials only upon the direction of the officer or agent who originally requested the information and may only be shared with law enforcement personnel from other law enforcement agencies who are directly participating in an official joint investigation.
(2) Any information obtained from the database that is sent to law enforcement personnel shall also be sent to the district attorney general of the judicial district to the district in which such officer or agent has jurisdiction. Likewise, any database information sent to a TBI agent or DEA agent shall also be sent to the TBI director or the assistant special agent in charge.
(3) (A) Information obtained from the database by the judge of a drug court treatment program may be shared with personnel of a drug court treatment program. (B) For the purposes of this subdivision (e)(3), "personnel of a drug court treatment program" includes a judge of a drug court and any person employed by the drug court and designated by the judge to require access to the information in order to efficiently administer the drug court treatment program.
(A) Information obtained from the database by the judge of a drug court treatment program may be shared with personnel of a drug court treatment program.
(B) For the purposes of this subdivision (e)(3), "personnel of a drug court treatment program" includes a judge of a drug court and any person employed by the drug court and designated by the judge to require access to the information in order to efficiently administer the drug court treatment program.
(4) Any information obtained from the database that is sent to a judge of a drug court treatment program shall also be sent to the district attorney general of the judicial district in which the judge has jurisdiction.
(f) (1) To ensure the privacy and confidentiality of patient records, information obtained from the database by law enforcement personnel shall be retained by the law enforcement personnel's respective department or agency. The information obtained from the database shall not be made a public record. Any information used in a criminal or administrative action from the controlled substance monitoring database shall be placed under seal or have patient names and all other personally identifying information of patients redacted. Information obtained from the database shall be maintained as evidence in accordance with each law enforcement agency's respective procedures relating to the maintenance of evidence. (2) To ensure the privacy and confidentiality of patient records, information obtained from the database by a drug court treatment program shall be retained by the program director of the drug court treatment program. The information obtained from the database shall not be made a public record, notwithstanding the use of the information in court for prosecution purposes.
(1) To ensure the privacy and confidentiality of patient records, information obtained from the database by law enforcement personnel shall be retained by the law enforcement personnel's respective department or agency. The information obtained from the database shall not be made a public record. Any information used in a criminal or administrative action from the controlled substance monitoring database shall be placed under seal or have patient names and all other personally identifying information of patients redacted. Information obtained from the database shall be maintained as evidence in accordance with each law enforcement agency's respective procedures relating to the maintenance of evidence.
(2) To ensure the privacy and confidentiality of patient records, information obtained from the database by a drug court treatment program shall be retained by the program director of the drug court treatment program. The information obtained from the database shall not be made a public record, notwithstanding the use of the information in court for prosecution purposes.
(g) Any information disseminated pursuant to subdivisions (a)(1)-(3) and (a)(5)-(8) shall be released to the individual or entity requesting the information by the database manager or by password-protected internet access.
(h) (1) Any healthcare practitioner or healthcare practitioner delegate receiving patient-specific information pursuant to subdivision (a)(1), (a)(2), (a)(3), or (a)(5) shall not disclose the information to any person other than: (A) The patient to whom the information relates; (B) Other healthcare practitioners who are involved or have a bona fide prospective involvement in the treatment of the patient, or healthcare practitioners identified by the information for the purpose of verifying the accuracy of the information; or (C) Any law enforcement personnel to whom reporting of controlled substances being obtained in a manner prohibited by § 53-11-401 , or § 53-11-402(a)(3) or (a)(6) , is required by § 53-11-309 , or any agent of the healthcare practitioner who is directed by the healthcare practitioner to cause a report to law enforcement to be made in accordance with § 53-11-309(a) and (d) . (2) A healthcare practitioner or healthcare practitioner delegate may place a copy of a patient's report obtained from the database pursuant to this section in that patient's medical records, with the exception of information reported to the database by a Part 2 Program. Once a copy of a patient's report obtained from the database pursuant to this section is placed in the patient's medical records, the copy is subject to disclosure on the same terms and conditions as medical records under §§ 63-1-117 and 63-2-101 . A patient's information reported to the database by a Part 2 Program shall not be placed in the patient's medical records unless doing so complies with the privacy requirements of 42 CFR Part 2 and the rules promulgated by the commissioner pursuant to § 53-10-304(e) .
(1) Any healthcare practitioner or healthcare practitioner delegate receiving patient-specific information pursuant to subdivision (a)(1), (a)(2), (a)(3), or (a)(5) shall not disclose the information to any person other than: (A) The patient to whom the information relates; (B) Other healthcare practitioners who are involved or have a bona fide prospective involvement in the treatment of the patient, or healthcare practitioners identified by the information for the purpose of verifying the accuracy of the information; or (C) Any law enforcement personnel to whom reporting of controlled substances being obtained in a manner prohibited by § 53-11-401 , or § 53-11-402(a)(3) or (a)(6) , is required by § 53-11-309 , or any agent of the healthcare practitioner who is directed by the healthcare practitioner to cause a report to law enforcement to be made in accordance with § 53-11-309(a) and (d) .
(A) The patient to whom the information relates;
(B) Other healthcare practitioners who are involved or have a bona fide prospective involvement in the treatment of the patient, or healthcare practitioners identified by the information for the purpose of verifying the accuracy of the information; or
(C) Any law enforcement personnel to whom reporting of controlled substances being obtained in a manner prohibited by § 53-11-401 , or § 53-11-402(a)(3) or (a)(6) , is required by § 53-11-309 , or any agent of the healthcare practitioner who is directed by the healthcare practitioner to cause a report to law enforcement to be made in accordance with § 53-11-309(a) and (d) .
(2) A healthcare practitioner or healthcare practitioner delegate may place a copy of a patient's report obtained from the database pursuant to this section in that patient's medical records, with the exception of information reported to the database by a Part 2 Program. Once a copy of a patient's report obtained from the database pursuant to this section is placed in the patient's medical records, the copy is subject to disclosure on the same terms and conditions as medical records under §§ 63-1-117 and 63-2-101 . A patient's information reported to the database by a Part 2 Program shall not be placed in the patient's medical records unless doing so complies with the privacy requirements of 42 CFR Part 2 and the rules promulgated by the commissioner pursuant to § 53-10-304(e) .
(i) If law enforcement personnel or a judge of a drug court treatment program has probable cause to believe, based upon information received from a database request, that a healthcare practitioner may be acting or may have acted in violation of the law, the officer, agent, or judge shall consult with the appropriate licensing board as established under title 63 or title 68.
(j) (1) (A) At least every six (6) months, the committee or commissioner or their designee shall send a list to each district attorney general containing all requests made for database information during the previous six (6) months. (B) The list shall include: (i) The name of the requesting attorney, officer, or agent; (ii) The attorney, officer, or agent's agency; (iii) The date of the request; and (iv) The nature of the request, including the case number for each attorney, officer, or agent making a request in such district attorney's judicial district. (C) Likewise, a list shall be sent to the director of the TBI for all TBI agents or the assistant special agent in charge for all DEA agents making requests during the previous six (6) months. (2) Each district attorney general, or assistant special agent in charge and the TBI director shall use the list to perform an audit to determine if the database information requests made during the preceding six-month period correspond to specific cases under investigation in the applicable judicial district or by the bureau and if the information requested is relevant and pertinent to an investigation. (3) Each district attorney general, assistant special agent in charge, and the TBI director shall verify all database information requests contained on the list received and send it back to the board within sixty (60) days of receipt. If a database information request does not correspond to an investigation in the applicable jurisdiction or if the information requested was not relevant or pertinent to the information requested, the district attorney general, assistant special agent in charge, or TBI director shall so note on the verified list and shall investigate the discrepancy and make a report back to the director of the controlled substance database within a reasonable period of time. (4) The results of the audit conducted pursuant to subdivision (j)(2) shall be discoverable by a healthcare practitioner or healthcare practitioner delegate charged with violating any state or federal law involving controlled substances or under a notice of charges proffered by an appropriate licensing board for a violation of any law involving controlled substances, but only the results pertaining to that healthcare practitioner or healthcare practitioner delegate are discoverable. If, however, there is an active criminal investigation involving a healthcare practitioner or healthcare practitioner delegate or the healthcare practitioner or healthcare practitioner delegate is under investigation by any investigations or prosecution unit of the appropriate licensure board, the results of the audit conducted pursuant to subdivision (j)(2) shall not be discoverable by the healthcare practitioner or the healthcare practitioner delegate during either such period.
(1) (A) At least every six (6) months, the committee or commissioner or their designee shall send a list to each district attorney general containing all requests made for database information during the previous six (6) months. (B) The list shall include: (i) The name of the requesting attorney, officer, or agent; (ii) The attorney, officer, or agent's agency; (iii) The date of the request; and (iv) The nature of the request, including the case number for each attorney, officer, or agent making a request in such district attorney's judicial district. (C) Likewise, a list shall be sent to the director of the TBI for all TBI agents or the assistant special agent in charge for all DEA agents making requests during the previous six (6) months.
(A) At least every six (6) months, the committee or commissioner or their designee shall send a list to each district attorney general containing all requests made for database information during the previous six (6) months.
(B) The list shall include: (i) The name of the requesting attorney, officer, or agent; (ii) The attorney, officer, or agent's agency; (iii) The date of the request; and (iv) The nature of the request, including the case number for each attorney, officer, or agent making a request in such district attorney's judicial district.
(i) The name of the requesting attorney, officer, or agent;
(ii) The attorney, officer, or agent's agency;
(iii) The date of the request; and
(iv) The nature of the request, including the case number for each attorney, officer, or agent making a request in such district attorney's judicial district.
(C) Likewise, a list shall be sent to the director of the TBI for all TBI agents or the assistant special agent in charge for all DEA agents making requests during the previous six (6) months.
(2) Each district attorney general, or assistant special agent in charge and the TBI director shall use the list to perform an audit to determine if the database information requests made during the preceding six-month period correspond to specific cases under investigation in the applicable judicial district or by the bureau and if the information requested is relevant and pertinent to an investigation.
(3) Each district attorney general, assistant special agent in charge, and the TBI director shall verify all database information requests contained on the list received and send it back to the board within sixty (60) days of receipt. If a database information request does not correspond to an investigation in the applicable jurisdiction or if the information requested was not relevant or pertinent to the information requested, the district attorney general, assistant special agent in charge, or TBI director shall so note on the verified list and shall investigate the discrepancy and make a report back to the director of the controlled substance database within a reasonable period of time.
(4) The results of the audit conducted pursuant to subdivision (j)(2) shall be discoverable by a healthcare practitioner or healthcare practitioner delegate charged with violating any state or federal law involving controlled substances or under a notice of charges proffered by an appropriate licensing board for a violation of any law involving controlled substances, but only the results pertaining to that healthcare practitioner or healthcare practitioner delegate are discoverable. If, however, there is an active criminal investigation involving a healthcare practitioner or healthcare practitioner delegate or the healthcare practitioner or healthcare practitioner delegate is under investigation by any investigations or prosecution unit of the appropriate licensure board, the results of the audit conducted pursuant to subdivision (j)(2) shall not be discoverable by the healthcare practitioner or the healthcare practitioner delegate during either such period.
(k) (1) Any person who obtains or attempts to obtain information from the database by misrepresentation or fraud is guilty of a Class A misdemeanor. (2) Any person who knowingly uses, releases, publishes, or otherwise makes available to any other person or entity any information submitted to, contained in, or obtained from the database for any purpose other than those specified in this part is guilty of a Class A misdemeanor. (3) Intentional unauthorized use or disclosure of database information by law enforcement personnel is a Class A misdemeanor. (4) Any law enforcement personnel whom the department has reason to suspect of violation of this section or who has been charged with a violation of this section shall have such person's authorization to request information from the database suspended. Any law enforcement personnel, found guilty of a violation of this subsection (k) shall have such person's authorization to request information from the database permanently revoked. (5) Where an individual authorized under subsection (a) acts in good faith in accessing or using information from the database in accordance with the limitations under this part, that person shall not incur any civil or criminal liability as a result of that use or access.
(1) Any person who obtains or attempts to obtain information from the database by misrepresentation or fraud is guilty of a Class A misdemeanor.
(2) Any person who knowingly uses, releases, publishes, or otherwise makes available to any other person or entity any information submitted to, contained in, or obtained from the database for any purpose other than those specified in this part is guilty of a Class A misdemeanor.
(3) Intentional unauthorized use or disclosure of database information by law enforcement personnel is a Class A misdemeanor.
(4) Any law enforcement personnel whom the department has reason to suspect of violation of this section or who has been charged with a violation of this section shall have such person's authorization to request information from the database suspended. Any law enforcement personnel, found guilty of a violation of this subsection (k) shall have such person's authorization to request information from the database permanently revoked.
(5) Where an individual authorized under subsection (a) acts in good faith in accessing or using information from the database in accordance with the limitations under this part, that person shall not incur any civil or criminal liability as a result of that use or access.
(l) (1) The following personnel of the department of mental health and substance abuse services actively engaged in analysis of controlled substances prescription information as a part of their assigned duties and responsibilities shall have access to the database for controlled substances prescription information for specific patients or healthcare practitioners: (A) The chief pharmacist; (B) The state opioid treatment authority (SOTA) or SOTA designee; and (C) The medical director. (2) Deidentified controlled substances prescribing information from the database may be provided upon request by the following personnel of the department of mental health and substance abuse services, who are actively engaged in analysis of controlled substances prescription information as provided in this subsection ( l ), and may be provided upon request to other personnel of the department of mental health and substance abuse services and other state government agencies as needed to fulfill assigned duties and responsibilities: (A) The chief pharmacist; (B) The SOTA; or (C) The medical director.
(1) The following personnel of the department of mental health and substance abuse services actively engaged in analysis of controlled substances prescription information as a part of their assigned duties and responsibilities shall have access to the database for controlled substances prescription information for specific patients or healthcare practitioners: (A) The chief pharmacist; (B) The state opioid treatment authority (SOTA) or SOTA designee; and (C) The medical director.
(A) The chief pharmacist;
(B) The state opioid treatment authority (SOTA) or SOTA designee; and
(C) The medical director.
(2) Deidentified controlled substances prescribing information from the database may be provided upon request by the following personnel of the department of mental health and substance abuse services, who are actively engaged in analysis of controlled substances prescription information as provided in this subsection ( l ), and may be provided upon request to other personnel of the department of mental health and substance abuse services and other state government agencies as needed to fulfill assigned duties and responsibilities: (A) The chief pharmacist; (B) The SOTA; or (C) The medical director.
(A) The chief pharmacist;
(B) The SOTA; or
(C) The medical director.
(m) Where an investigation is conducted under § 38-7-109 , and information within the database is obtained pursuant to the requirements of this part, there exists a rebuttable presumption that the county medical examiner is acting in good faith.
(n) Authorized committee, board, or department personnel and any designee appointed by the committee engaged in analysis of controlled substances prescription information as a part of the assigned duties and responsibilities of their employment may publish, or otherwise make available to healthcare practitioners and to the general public, deidentified personal data contained in or derived from the database for the purpose of educational outreach.
(o) Prohibited access to, an inappropriate request for, or illegal disclosure of information from the database by a judge of a drug court treatment program shall be considered a violation of the canons of the Code of Judicial Conduct, including Rules 1.2, 1.3, and 3.5.
(p) Deidentified information from the database must not include the identifying information of any patient, healthcare practitioner, healthcare practitioner delegate, or healthcare facility.
(q) Notwithstanding subsections (a)-(p), information reported to the database by a Part 2 Program, as well as a subsequent disclosure of such information, may only be made available in accordance with 42 CFR Part 2 and the rules promulgated by the commissioner pursuant to § 53-10-304(e) .
Amended by 2022 Tenn. Acts, ch. 825, Secs.s8, s9, s10, s11 eff. 4/14/2022.
Amended by 2021 Tenn. Acts, ch. 136, Secs.s4, s5, s6, s7, s8 eff. 4/13/2021.
Amended by 2019 Tenn. Acts, ch. 124, Secs.s 1, s 2 eff. 4/9/2019.
Acts 2002, ch. 840, § 1; 2004, ch. 673, § 27; 2005, ch. 474, § 7; 2007 , ch. 498, §§ 1, 2; 2007 , ch. 518, § 4; 2008 , ch. 914, § 1; 2011 , ch. 310, § 3; 2012 , ch. 575, § 1; 2012 , ch. 880, §§ 7 - 15; 2012 , ch. 915, § 1; 2012 , ch. 924, §§ 1 - 5; 2014 , ch. 622, §§ 1 - 4; 2014 , ch. 791, §§ 1 - 6.
Tenn. Code Ann. § 53-1-301 — TN Code / Title 53 / Chapter 1 / Section 53-1-301
Part definitions
Status: in_force

As used in this part: (1) "Administration" means the United States food and drug administration; (2) "Department" means the department of agriculture; and (3) "Standards" means the standards for the growing, harvesting, packing, and holding of produce for human consumption ( 21 CFR Part 112 ). Acts 2018, ch. 854, § 1.
As used in this part:
(1) "Administration" means the United States food and drug administration;
(2) "Department" means the department of agriculture; and
(3) "Standards" means the standards for the growing, harvesting, packing, and holding of produce for human consumption ( 21 CFR Part 112 ).
Acts 2018, ch. 854, § 1.
Tenn. Code Ann. § 53-11-451 — TN Code / Title 53 / Chapter 11 / Section 53-11-451
Goods subject to forfeiture - Seizure - Disposition
Status: in_force

(a) The following are subject to forfeiture: (1) All controlled substances or controlled substance analogues that have been manufactured, distributed, dispensed or acquired in violation of part 3 of this chapter and this part, or title 39, chapter 17, part 4; (2) All raw materials, products and equipment of any kind that are used, or intended for use, in manufacturing, compounding, processing, delivering, importing or exporting any controlled substance or controlled substance analogue in violation of part 3 of this chapter and this part, or title 39, chapter 17, part 4; (3) All property that is used, or intended for use, as a container for property described in subdivision (a)(1) or (a)(2); (4) All conveyances, including aircraft, vehicles or vessels that are used, or are intended for use, to transport, or in any manner to facilitate the transportation, sale or receipt of property described in subdivision (a)(1) or (a)(2), but: (A) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section, unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of part 3 of this chapter and this part, or title 39, chapter 17, part 4; (B) No conveyance is subject to forfeiture under this section by reason of any act or omission established by the owner of the conveyance to have been committed or omitted without the owner's knowledge or consent; (C) A conveyance is not subject to forfeiture for a violation of § 39-17-418(a) or (b) or § 39-17-425 ; and (D) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the act or omission; (5) All books, records, and research products and materials, including formulas, microfilm, tapes and data that are used, or intended for use, in violation of part 3 of this chapter and this part, or title 39, chapter 17, part 4; (6) (A) Everything of value furnished, or intended to be furnished, in exchange for a controlled substance or controlled substance analogue in violation of the Tennessee Drug Control Act of 1989, compiled in part 3 of this chapter, this part and title 39, chapter 17, part 4, all proceeds traceable to the exchange, and all moneys, negotiable instruments, and securities used, or intended to be used, to facilitate any violation of the Tennessee Drug Control Act; (B) No property shall be forfeited under subdivision (a)(6)(A), to the extent of the interest of an owner, by reason of any act or omission established by the owner to have been committed or omitted without the owner's knowledge or consent; (7) All drug paraphernalia as defined by § 39-17-402 ; and (8) All products containing a hemp-derived cannabinoid that are manufactured, transported, packaged, labeled, displayed, distributed as samples, offered for sale, or sold in violation of title 43, chapter 27, part 2. (b) Property subject to forfeiture under part 3 of this chapter and this part, or title 39, chapter 17, part 4, may be seized by the director of the Tennessee bureau of investigation or the director's authorized representative, agent or employee, the commissioner of safety or the commissioner's authorized representative, agent or employee, or a sheriff, deputy sheriff, municipal law enforcement officer, campus police officer as defined in § 49-7-118 , internal affairs director or internal affairs special agent of the department of correction, or constable upon process issued by any circuit or criminal court having jurisdiction over the property. Property subject to forfeiture under title 43, chapter 27, part 2, may be seized by the director of the Tennessee bureau of investigation or the director's authorized representative, agent, or employee; the commissioner of safety or the commissioner's authorized representative, agent, or employee; the commissioner of agriculture or the commissioner's authorized representative, agent, or employee; the commissioner of revenue or the commissioner's authorized representative, agent, or employee; or a sheriff, deputy sheriff, municipal law enforcement officer, campus police officer as defined in § 49-7-118 , internal affairs director or internal affairs special agent of the department of correction, or constable upon process issued by any circuit or criminal court having jurisdiction over the property. Seizure without process may be made if: (1) The seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant; (2) The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding based upon part 3 of this chapter and this part, or title 39, chapter 17, part 4; (3) The director or the director's authorized representative, agent or employee, the commissioner or the commissioner's authorized representative, agent or employee, or a sheriff, deputy sheriff, municipal law enforcement officer, campus police officer as defined in § 49-7-118 , internal affairs director or internal affairs special agent of the department of correction, or constable has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or (4) The director or the director's authorized representative, agent or employee, the commissioner or the commissioner's authorized representative, agent or employee, or a sheriff, deputy sheriff, municipal law enforcement officer, campus police officer as defined in § 49-7-118 , internal affairs director or internal affairs special agent of the department of correction, or constable has probable cause to believe that the property was used or is intended to be used in violation of part 3 of this chapter and this part, or title 39, chapter 17, part 4. (c) In the event of seizure pursuant to subsection (b), proceedings under subsection (d) shall be instituted promptly. (d) Property taken or detained under this section shall not be subject to replevin, but is deemed to be in the custody of the director or the director's authorized representative, agent or employee, the commissioner or the commissioner's authorized representative, agent or employee, or a sheriff, deputy sheriff, municipal law enforcement officer, campus police officer as defined in § 49-7-118 , internal affairs director or internal affairs special agent of the department of correction, or constable, subject only to the orders and decrees of the circuit or criminal court. When property is seized under part 3 of this chapter and this part, or title 39, chapter 17, part 4, the seizing authority may: (1) Place the property under seal; (2) Remove the property to a place designated by the seizing authority; (3) Require the director or the director's authorized representative, agent or employee, the commissioner or the commissioner's authorized representative, agent or employee, or a sheriff, deputy sheriff, municipal law enforcement officer, campus police officer as defined in § 49-7-118 , internal affairs director or internal affairs special agent of the department of correction, or constable to take custody of the property and remove it to an appropriate location for disposition in accordance with law; or (4) (A) Regardless of any other method of disposition of property contained in this chapter, use of the property taken or detained, with permission of the court and under such terms and conditions as are approved by the court, for use in the drug enforcement program of the county in which the goods are seized, or, with approval of the court having jurisdiction over the property, sell the property and utilize the proceeds for the drug enforcement program of the county in which the property was seized, or both; (B) In the case of property seized by the Tennessee bureau of investigation, the director of the bureau is authorized to designate, in writing, any part of the property for use by the bureau for any period of time, subject to inventory, management and disposition as provided by law; (C) In the case of an aircraft seized by the bureau, the director is also authorized to designate, in writing, any such property for transfer to and use by the department of general services subject to inventory, management and disposition as provided by law. If an aircraft is not sold, but is to be transferred to another state governmental entity, such transfer shall be approved by the commissioner of finance and administration; (D) The proceeds from any sale conducted under this chapter of forfeited property seized by the bureau and not designated for its use, or not transferred to the department of general services as provided in subdivision (d)(4)(C), shall be paid to the state treasurer to be used only as appropriated by the general assembly. (e) When property is forfeited under part 3 of this chapter and this part, or title 39, chapter 17, part 4, the director or the director's authorized representative, agent or employee, the commissioner of safety or the commissioner's authorized representative, agent or employee, or a sheriff, deputy sheriff, municipal law enforcement officer, campus police officer as defined in § 49-7-118 , internal affairs director or internal affairs special agent of the department of correction, or constable shall remove it for disposition in accordance with law. (f) Controlled substances listed in Schedule I that are possessed, transferred, sold, or offered for sale in violation of part 3 of this chapter and this part, or title 39, chapter 17, part 4, are contraband and shall be seized and summarily forfeited to the state. Controlled substances listed in Schedule I that are seized or come into the possession of the state, the owners of which are unknown, are contraband and shall be summarily forfeited to the state. (g) Species of plants from which controlled substances in Schedules I, II and VI may be derived that have been planted or cultivated in violation of part 3 of this chapter and this part, or title 39, chapter 17, part 4, or of which the owners or cultivators are unknown, or that are wild growths, may be seized and summarily forfeited to the state. (h) Controlled substance analogues that are possessed, transferred, sold, or offered for sale in violation of part 3 of this chapter and this part, or title 39, chapter 17, part 4, are contraband and shall be seized and summarily forfeited to the state. Controlled substance analogues that are seized or come into the possession of the state, the owners of which are unknown, are contraband and shall be summarily forfeited to the state. (i) The failure, upon demand by the commissioner of safety, the commissioner's authorized representative, agent or employee, or a sheriff, deputy sheriff, municipal law enforcement officer, campus police officer as defined in § 49-7-118 , internal affairs director or internal affairs special agent of the department of correction, or constable, of the person in occupancy or in control of land or premises upon which the species of plants are growing or being stored, to produce an appropriate registration, or proof that such person is the holder thereof, constitutes authority for the seizure and forfeiture of the plants. (j) Confiscation proceedings under part 3 of this chapter and this part, or title 39, chapter 17, part 4, shall be conducted in accordance with part 2 of this chapter. (k) Any property of the type set forth in subdivisions (a)(1), (7), and (8) that is in the custody and possession of a clerk of any court of this state by virtue of the property having been held as evidence or exhibits in any criminal prosecution where all appeals or potential appeals of a judgment have ended, or when the case has been dismissed or otherwise brought to a conclusion, shall be disposed of as follows: (1) The clerk of the court having custody of the property to be disposed of shall, no less than once annually, inventory the property and prepare a list of the property proposed to be destroyed with references to the cases involved and the name of the case, the case number and date when the property was used; (2) The clerk shall submit the inventory list with a filed petition to the court and shall serve a copy of the petition upon the district attorney general. After determining that the listed property is not needed as evidence in any pending or potential judicial proceeding, the court shall order the property to be destroyed; and (3) The clerk, or a deputy clerk that the clerk may designate, shall completely destroy each item by cutting, crushing, burning or melting and shall file, together with the petition and order relating to the destroyed property, an affidavit concerning the destruction, showing a description of each item, the method of destruction, the date and place of destruction, and the names and addresses of all witnesses to the destruction. Amended by 2023 Tenn. Acts, ch. 423, s 4, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 423, s 3, eff. 7/1/2024. Amended by 2023 Tenn. Acts, ch. 423, s 2, eff. 7/1/2024. Acts 1971, ch. 163, § 36; 1972, ch. 597, § 12; 1973, ch. 134, § 1; 1981, ch. 512, § 2; 1982, ch. 742, § 1; T.C.A., § 52-1443; Acts 1983, ch. 412, § 4; 1984, ch. 1005, § 4; 1986, ch. 783, § 1; 1989, ch. 192, § 1; T.C.A., § 53-11-409 ; Acts 1994, ch. 925, § 2; 2007 , ch. 106, §§ 7-9; 2010 , ch. 1040, §§ 6-8; 2012 , ch. 848, §§ 48, 49.
(a) The following are subject to forfeiture: (1) All controlled substances or controlled substance analogues that have been manufactured, distributed, dispensed or acquired in violation of part 3 of this chapter and this part, or title 39, chapter 17, part 4; (2) All raw materials, products and equipment of any kind that are used, or intended for use, in manufacturing, compounding, processing, delivering, importing or exporting any controlled substance or controlled substance analogue in violation of part 3 of this chapter and this part, or title 39, chapter 17, part 4; (3) All property that is used, or intended for use, as a container for property described in subdivision (a)(1) or (a)(2); (4) All conveyances, including aircraft, vehicles or vessels that are used, or are intended for use, to transport, or in any manner to facilitate the transportation, sale or receipt of property described in subdivision (a)(1) or (a)(2), but: (A) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section, unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of part 3 of this chapter and this part, or title 39, chapter 17, part 4; (B) No conveyance is subject to forfeiture under this section by reason of any act or omission established by the owner of the conveyance to have been committed or omitted without the owner's knowledge or consent; (C) A conveyance is not subject to forfeiture for a violation of § 39-17-418(a) or (b) or § 39-17-425 ; and (D) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the act or omission; (5) All books, records, and research products and materials, including formulas, microfilm, tapes and data that are used, or intended for use, in violation of part 3 of this chapter and this part, or title 39, chapter 17, part 4; (6) (A) Everything of value furnished, or intended to be furnished, in exchange for a controlled substance or controlled substance analogue in violation of the Tennessee Drug Control Act of 1989, compiled in part 3 of this chapter, this part and title 39, chapter 17, part 4, all proceeds traceable to the exchange, and all moneys, negotiable instruments, and securities used, or intended to be used, to facilitate any violation of the Tennessee Drug Control Act; (B) No property shall be forfeited under subdivision (a)(6)(A), to the extent of the interest of an owner, by reason of any act or omission established by the owner to have been committed or omitted without the owner's knowledge or consent; (7) All drug paraphernalia as defined by § 39-17-402 ; and (8) All products containing a hemp-derived cannabinoid that are manufactured, transported, packaged, labeled, displayed, distributed as samples, offered for sale, or sold in violation of title 43, chapter 27, part 2.
(1) All controlled substances or controlled substance analogues that have been manufactured, distributed, dispensed or acquired in violation of part 3 of this chapter and this part, or title 39, chapter 17, part 4;
(2) All raw materials, products and equipment of any kind that are used, or intended for use, in manufacturing, compounding, processing, delivering, importing or exporting any controlled substance or controlled substance analogue in violation of part 3 of this chapter and this part, or title 39, chapter 17, part 4;
(3) All property that is used, or intended for use, as a container for property described in subdivision (a)(1) or (a)(2);
(4) All conveyances, including aircraft, vehicles or vessels that are used, or are intended for use, to transport, or in any manner to facilitate the transportation, sale or receipt of property described in subdivision (a)(1) or (a)(2), but: (A) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section, unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of part 3 of this chapter and this part, or title 39, chapter 17, part 4; (B) No conveyance is subject to forfeiture under this section by reason of any act or omission established by the owner of the conveyance to have been committed or omitted without the owner's knowledge or consent; (C) A conveyance is not subject to forfeiture for a violation of § 39-17-418(a) or (b) or § 39-17-425 ; and (D) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the act or omission;
(A) No conveyance used by any person as a common carrier in the transaction of business as a common carrier is subject to forfeiture under this section, unless it appears that the owner or other person in charge of the conveyance is a consenting party or privy to a violation of part 3 of this chapter and this part, or title 39, chapter 17, part 4;
(B) No conveyance is subject to forfeiture under this section by reason of any act or omission established by the owner of the conveyance to have been committed or omitted without the owner's knowledge or consent;
(C) A conveyance is not subject to forfeiture for a violation of § 39-17-418(a) or (b) or § 39-17-425 ; and
(D) A forfeiture of a conveyance encumbered by a bona fide security interest is subject to the interest of the secured party if the secured party neither had knowledge of nor consented to the act or omission;
(5) All books, records, and research products and materials, including formulas, microfilm, tapes and data that are used, or intended for use, in violation of part 3 of this chapter and this part, or title 39, chapter 17, part 4;
(6) (A) Everything of value furnished, or intended to be furnished, in exchange for a controlled substance or controlled substance analogue in violation of the Tennessee Drug Control Act of 1989, compiled in part 3 of this chapter, this part and title 39, chapter 17, part 4, all proceeds traceable to the exchange, and all moneys, negotiable instruments, and securities used, or intended to be used, to facilitate any violation of the Tennessee Drug Control Act; (B) No property shall be forfeited under subdivision (a)(6)(A), to the extent of the interest of an owner, by reason of any act or omission established by the owner to have been committed or omitted without the owner's knowledge or consent;
(A) Everything of value furnished, or intended to be furnished, in exchange for a controlled substance or controlled substance analogue in violation of the Tennessee Drug Control Act of 1989, compiled in part 3 of this chapter, this part and title 39, chapter 17, part 4, all proceeds traceable to the exchange, and all moneys, negotiable instruments, and securities used, or intended to be used, to facilitate any violation of the Tennessee Drug Control Act;
(B) No property shall be forfeited under subdivision (a)(6)(A), to the extent of the interest of an owner, by reason of any act or omission established by the owner to have been committed or omitted without the owner's knowledge or consent;
(7) All drug paraphernalia as defined by § 39-17-402 ; and
(8) All products containing a hemp-derived cannabinoid that are manufactured, transported, packaged, labeled, displayed, distributed as samples, offered for sale, or sold in violation of title 43, chapter 27, part 2.
(b) Property subject to forfeiture under part 3 of this chapter and this part, or title 39, chapter 17, part 4, may be seized by the director of the Tennessee bureau of investigation or the director's authorized representative, agent or employee, the commissioner of safety or the commissioner's authorized representative, agent or employee, or a sheriff, deputy sheriff, municipal law enforcement officer, campus police officer as defined in § 49-7-118 , internal affairs director or internal affairs special agent of the department of correction, or constable upon process issued by any circuit or criminal court having jurisdiction over the property. Property subject to forfeiture under title 43, chapter 27, part 2, may be seized by the director of the Tennessee bureau of investigation or the director's authorized representative, agent, or employee; the commissioner of safety or the commissioner's authorized representative, agent, or employee; the commissioner of agriculture or the commissioner's authorized representative, agent, or employee; the commissioner of revenue or the commissioner's authorized representative, agent, or employee; or a sheriff, deputy sheriff, municipal law enforcement officer, campus police officer as defined in § 49-7-118 , internal affairs director or internal affairs special agent of the department of correction, or constable upon process issued by any circuit or criminal court having jurisdiction over the property. Seizure without process may be made if: (1) The seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant; (2) The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding based upon part 3 of this chapter and this part, or title 39, chapter 17, part 4; (3) The director or the director's authorized representative, agent or employee, the commissioner or the commissioner's authorized representative, agent or employee, or a sheriff, deputy sheriff, municipal law enforcement officer, campus police officer as defined in § 49-7-118 , internal affairs director or internal affairs special agent of the department of correction, or constable has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or (4) The director or the director's authorized representative, agent or employee, the commissioner or the commissioner's authorized representative, agent or employee, or a sheriff, deputy sheriff, municipal law enforcement officer, campus police officer as defined in § 49-7-118 , internal affairs director or internal affairs special agent of the department of correction, or constable has probable cause to believe that the property was used or is intended to be used in violation of part 3 of this chapter and this part, or title 39, chapter 17, part 4.
(1) The seizure is incident to an arrest or a search under a search warrant or an inspection under an administrative inspection warrant;
(2) The property subject to seizure has been the subject of a prior judgment in favor of the state in a criminal injunction or forfeiture proceeding based upon part 3 of this chapter and this part, or title 39, chapter 17, part 4;
(3) The director or the director's authorized representative, agent or employee, the commissioner or the commissioner's authorized representative, agent or employee, or a sheriff, deputy sheriff, municipal law enforcement officer, campus police officer as defined in § 49-7-118 , internal affairs director or internal affairs special agent of the department of correction, or constable has probable cause to believe that the property is directly or indirectly dangerous to health or safety; or
(4) The director or the director's authorized representative, agent or employee, the commissioner or the commissioner's authorized representative, agent or employee, or a sheriff, deputy sheriff, municipal law enforcement officer, campus police officer as defined in § 49-7-118 , internal affairs director or internal affairs special agent of the department of correction, or constable has probable cause to believe that the property was used or is intended to be used in violation of part 3 of this chapter and this part, or title 39, chapter 17, part 4.
(c) In the event of seizure pursuant to subsection (b), proceedings under subsection (d) shall be instituted promptly.
(d) Property taken or detained under this section shall not be subject to replevin, but is deemed to be in the custody of the director or the director's authorized representative, agent or employee, the commissioner or the commissioner's authorized representative, agent or employee, or a sheriff, deputy sheriff, municipal law enforcement officer, campus police officer as defined in § 49-7-118 , internal affairs director or internal affairs special agent of the department of correction, or constable, subject only to the orders and decrees of the circuit or criminal court. When property is seized under part 3 of this chapter and this part, or title 39, chapter 17, part 4, the seizing authority may: (1) Place the property under seal; (2) Remove the property to a place designated by the seizing authority; (3) Require the director or the director's authorized representative, agent or employee, the commissioner or the commissioner's authorized representative, agent or employee, or a sheriff, deputy sheriff, municipal law enforcement officer, campus police officer as defined in § 49-7-118 , internal affairs director or internal affairs special agent of the department of correction, or constable to take custody of the property and remove it to an appropriate location for disposition in accordance with law; or (4) (A) Regardless of any other method of disposition of property contained in this chapter, use of the property taken or detained, with permission of the court and under such terms and conditions as are approved by the court, for use in the drug enforcement program of the county in which the goods are seized, or, with approval of the court having jurisdiction over the property, sell the property and utilize the proceeds for the drug enforcement program of the county in which the property was seized, or both; (B) In the case of property seized by the Tennessee bureau of investigation, the director of the bureau is authorized to designate, in writing, any part of the property for use by the bureau for any period of time, subject to inventory, management and disposition as provided by law; (C) In the case of an aircraft seized by the bureau, the director is also authorized to designate, in writing, any such property for transfer to and use by the department of general services subject to inventory, management and disposition as provided by law. If an aircraft is not sold, but is to be transferred to another state governmental entity, such transfer shall be approved by the commissioner of finance and administration; (D) The proceeds from any sale conducted under this chapter of forfeited property seized by the bureau and not designated for its use, or not transferred to the department of general services as provided in subdivision (d)(4)(C), shall be paid to the state treasurer to be used only as appropriated by the general assembly.
(1) Place the property under seal;
(2) Remove the property to a place designated by the seizing authority;
(3) Require the director or the director's authorized representative, agent or employee, the commissioner or the commissioner's authorized representative, agent or employee, or a sheriff, deputy sheriff, municipal law enforcement officer, campus police officer as defined in § 49-7-118 , internal affairs director or internal affairs special agent of the department of correction, or constable to take custody of the property and remove it to an appropriate location for disposition in accordance with law; or
(4) (A) Regardless of any other method of disposition of property contained in this chapter, use of the property taken or detained, with permission of the court and under such terms and conditions as are approved by the court, for use in the drug enforcement program of the county in which the goods are seized, or, with approval of the court having jurisdiction over the property, sell the property and utilize the proceeds for the drug enforcement program of the county in which the property was seized, or both; (B) In the case of property seized by the Tennessee bureau of investigation, the director of the bureau is authorized to designate, in writing, any part of the property for use by the bureau for any period of time, subject to inventory, management and disposition as provided by law; (C) In the case of an aircraft seized by the bureau, the director is also authorized to designate, in writing, any such property for transfer to and use by the department of general services subject to inventory, management and disposition as provided by law. If an aircraft is not sold, but is to be transferred to another state governmental entity, such transfer shall be approved by the commissioner of finance and administration; (D) The proceeds from any sale conducted under this chapter of forfeited property seized by the bureau and not designated for its use, or not transferred to the department of general services as provided in subdivision (d)(4)(C), shall be paid to the state treasurer to be used only as appropriated by the general assembly.
(A) Regardless of any other method of disposition of property contained in this chapter, use of the property taken or detained, with permission of the court and under such terms and conditions as are approved by the court, for use in the drug enforcement program of the county in which the goods are seized, or, with approval of the court having jurisdiction over the property, sell the property and utilize the proceeds for the drug enforcement program of the county in which the property was seized, or both;
(B) In the case of property seized by the Tennessee bureau of investigation, the director of the bureau is authorized to designate, in writing, any part of the property for use by the bureau for any period of time, subject to inventory, management and disposition as provided by law;
(C) In the case of an aircraft seized by the bureau, the director is also authorized to designate, in writing, any such property for transfer to and use by the department of general services subject to inventory, management and disposition as provided by law. If an aircraft is not sold, but is to be transferred to another state governmental entity, such transfer shall be approved by the commissioner of finance and administration;
(D) The proceeds from any sale conducted under this chapter of forfeited property seized by the bureau and not designated for its use, or not transferred to the department of general services as provided in subdivision (d)(4)(C), shall be paid to the state treasurer to be used only as appropriated by the general assembly.
(e) When property is forfeited under part 3 of this chapter and this part, or title 39, chapter 17, part 4, the director or the director's authorized representative, agent or employee, the commissioner of safety or the commissioner's authorized representative, agent or employee, or a sheriff, deputy sheriff, municipal law enforcement officer, campus police officer as defined in § 49-7-118 , internal affairs director or internal affairs special agent of the department of correction, or constable shall remove it for disposition in accordance with law.
(f) Controlled substances listed in Schedule I that are possessed, transferred, sold, or offered for sale in violation of part 3 of this chapter and this part, or title 39, chapter 17, part 4, are contraband and shall be seized and summarily forfeited to the state. Controlled substances listed in Schedule I that are seized or come into the possession of the state, the owners of which are unknown, are contraband and shall be summarily forfeited to the state.
(g) Species of plants from which controlled substances in Schedules I, II and VI may be derived that have been planted or cultivated in violation of part 3 of this chapter and this part, or title 39, chapter 17, part 4, or of which the owners or cultivators are unknown, or that are wild growths, may be seized and summarily forfeited to the state.
(h) Controlled substance analogues that are possessed, transferred, sold, or offered for sale in violation of part 3 of this chapter and this part, or title 39, chapter 17, part 4, are contraband and shall be seized and summarily forfeited to the state. Controlled substance analogues that are seized or come into the possession of the state, the owners of which are unknown, are contraband and shall be summarily forfeited to the state.
(i) The failure, upon demand by the commissioner of safety, the commissioner's authorized representative, agent or employee, or a sheriff, deputy sheriff, municipal law enforcement officer, campus police officer as defined in § 49-7-118 , internal affairs director or internal affairs special agent of the department of correction, or constable, of the person in occupancy or in control of land or premises upon which the species of plants are growing or being stored, to produce an appropriate registration, or proof that such person is the holder thereof, constitutes authority for the seizure and forfeiture of the plants.
(j) Confiscation proceedings under part 3 of this chapter and this part, or title 39, chapter 17, part 4, shall be conducted in accordance with part 2 of this chapter.
(k) Any property of the type set forth in subdivisions (a)(1), (7), and (8) that is in the custody and possession of a clerk of any court of this state by virtue of the property having been held as evidence or exhibits in any criminal prosecution where all appeals or potential appeals of a judgment have ended, or when the case has been dismissed or otherwise brought to a conclusion, shall be disposed of as follows: (1) The clerk of the court having custody of the property to be disposed of shall, no less than once annually, inventory the property and prepare a list of the property proposed to be destroyed with references to the cases involved and the name of the case, the case number and date when the property was used; (2) The clerk shall submit the inventory list with a filed petition to the court and shall serve a copy of the petition upon the district attorney general. After determining that the listed property is not needed as evidence in any pending or potential judicial proceeding, the court shall order the property to be destroyed; and (3) The clerk, or a deputy clerk that the clerk may designate, shall completely destroy each item by cutting, crushing, burning or melting and shall file, together with the petition and order relating to the destroyed property, an affidavit concerning the destruction, showing a description of each item, the method of destruction, the date and place of destruction, and the names and addresses of all witnesses to the destruction.
(1) The clerk of the court having custody of the property to be disposed of shall, no less than once annually, inventory the property and prepare a list of the property proposed to be destroyed with references to the cases involved and the name of the case, the case number and date when the property was used;
(2) The clerk shall submit the inventory list with a filed petition to the court and shall serve a copy of the petition upon the district attorney general. After determining that the listed property is not needed as evidence in any pending or potential judicial proceeding, the court shall order the property to be destroyed; and
(3) The clerk, or a deputy clerk that the clerk may designate, shall completely destroy each item by cutting, crushing, burning or melting and shall file, together with the petition and order relating to the destroyed property, an affidavit concerning the destruction, showing a description of each item, the method of destruction, the date and place of destruction, and the names and addresses of all witnesses to the destruction.
Amended by 2023 Tenn. Acts, ch. 423, s 4, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 423, s 3, eff. 7/1/2024.
Amended by 2023 Tenn. Acts, ch. 423, s 2, eff. 7/1/2024.
Acts 1971, ch. 163, § 36; 1972, ch. 597, § 12; 1973, ch. 134, § 1; 1981, ch. 512, § 2; 1982, ch. 742, § 1; T.C.A., § 52-1443; Acts 1983, ch. 412, § 4; 1984, ch. 1005, § 4; 1986, ch. 783, § 1; 1989, ch. 192, § 1; T.C.A., § 53-11-409 ; Acts 1994, ch. 925, § 2; 2007 , ch. 106, §§ 7-9; 2010 , ch. 1040, §§ 6-8; 2012 , ch. 848, §§ 48, 49.
Tenn. Code Ann. § 53-7-303 — TN Code / Title 53 / Chapter 7 / Section 53-7-303
Administration - Detention, quarantine and destruction of affected animals and animal products
Status: in_force

(a) This part shall be administered by the commissioner. (b) Whenever any animal or animal product is found within the state to bear or contain any biological residue that has been found to be hazardous to human health, as well as any other animal or animal product that the commissioner has reason to believe contains a biological residue, it may be detained or quarantined by order of the commissioner. The animal or animal product shall remain under detention or quarantine until such time as: (1) The commissioner determines that the animal or animal product is within established tolerances; or (2) The animal or animal product is destroyed or otherwise disposed of in accordance with regulations that the commissioner shall prescribe. Acts 1972, ch. 604, § 3; T.C.A., § 52-937.
(a) This part shall be administered by the commissioner.
(b) Whenever any animal or animal product is found within the state to bear or contain any biological residue that has been found to be hazardous to human health, as well as any other animal or animal product that the commissioner has reason to believe contains a biological residue, it may be detained or quarantined by order of the commissioner. The animal or animal product shall remain under detention or quarantine until such time as: (1) The commissioner determines that the animal or animal product is within established tolerances; or (2) The animal or animal product is destroyed or otherwise disposed of in accordance with regulations that the commissioner shall prescribe.
(1) The commissioner determines that the animal or animal product is within established tolerances; or
(2) The animal or animal product is destroyed or otherwise disposed of in accordance with regulations that the commissioner shall prescribe.
Acts 1972, ch. 604, § 3; T.C.A., § 52-937.
Tenn. Code Ann. § 53-7-203 — TN Code / Title 53 / Chapter 7 / Section 53-7-203
Ante mortem and post mortem inspections - Quarantine, seizure, tagging, and destruction or reprocessing - Procedures
Status: in_force

(a) (1) For the purpose of preventing the entry into or movement in intrastate commerce of any livestock or poultry carcass, part of any livestock or poultry carcass, meat food product or poultry product that is unwholesome or adulterated and is intended for or capable of use as human food, the commissioner shall, where and to the extent considered by the commissioner necessary, cause to be made by inspectors ante mortem inspection of livestock and poultry in any official establishment where livestock or poultry are slaughtered for intrastate commerce. (2) For the purpose stated in subdivision (a)(1), the commissioner, whenever slaughtering or other processing operations are being conducted, shall cause to be made by inspectors post mortem inspection of the carcasses and parts of carcasses of each animal and bird slaughtered in any official establishment, and shall cause to be made by inspectors an inspection of all meat food products and poultry products processed in any official establishment in which meat food products or poultry products are processed for intrastate commerce. (b) (1) The commissioner shall cause, at any time, quarantine, seizure, segregation, and reinspection of livestock and poultry, livestock and poultry carcasses and parts of livestock or poultry carcasses, meat food products and poultry products in official establishments that the commissioner deems necessary to effectuate the purposes of this part. (2) Whenever a duly authorized agent of the commissioner finds, or has probable cause to believe, that any livestock or poultry carcasses or part of livestock or poultry carcasses, processed meat food products or poultry products, in an official establishment or in other trade channels where the product is held or offered for sale, is adulterated or misbranded so as to be fraudulent or has been prepared, packed, processed or held under conditions whereby it may have become contaminated within the meaning of this part, the agent shall affix to the article a tag or other appropriate marking, giving notice that the article is, or is suspected of being, adulterated or misbranded and has been detained or quarantined, and warning all persons not to remove or dispose of the article by sale or otherwise until permission for removal or disposal is given by the agent or the court. It is unlawful for any person to remove or dispose of detained or quarantined articles by sale or otherwise without permission. (3) All livestock and poultry carcasses and parts of livestock or poultry carcasses, meat food products, and poultry products found by an inspector to be unwholesome or adulterated in any official establishment or other trade channels where the product is held or offered for sale, shall be condemned and shall, if no appeal be taken from the determination of condemnation, be destroyed for human food purposes under the supervision of an inspector; provided, that articles that may, by reprocessing, be made not unwholesome and not adulterated need not be so condemned and destroyed if so reprocessed under the supervision of an inspector and thereafter found to be not unwholesome and not adulterated or not misbranded. If any appeal is taken to the commissioner from the determination, the articles shall be appropriately marked and segregated pending completion of an appeal inspection, which appeal shall be at the cost of the appellant if the commissioner determines that the appeal is frivolous or without merit. If the determination of condemnation is sustained, the articles shall be destroyed for human food purposes under the supervision of an inspector. (c) One (1) inspector may be assigned to two (2) or more establishments where few animals are slaughtered or where small quantities of carcasses, meat or poultry or meat food products and poultry products are processed. When inspector assignments are made, the commissioner shall designate the days and hours when slaughtering and processing will be done. (d) The licensee shall pay for devices and supplies used for marking and stamping and for carcass and meat containers and labels. The devices and supplies shall be under the control of the inspector. Acts 1967, ch. 99, § 3; T.C.A., § 52-917.
(a) (1) For the purpose of preventing the entry into or movement in intrastate commerce of any livestock or poultry carcass, part of any livestock or poultry carcass, meat food product or poultry product that is unwholesome or adulterated and is intended for or capable of use as human food, the commissioner shall, where and to the extent considered by the commissioner necessary, cause to be made by inspectors ante mortem inspection of livestock and poultry in any official establishment where livestock or poultry are slaughtered for intrastate commerce. (2) For the purpose stated in subdivision (a)(1), the commissioner, whenever slaughtering or other processing operations are being conducted, shall cause to be made by inspectors post mortem inspection of the carcasses and parts of carcasses of each animal and bird slaughtered in any official establishment, and shall cause to be made by inspectors an inspection of all meat food products and poultry products processed in any official establishment in which meat food products or poultry products are processed for intrastate commerce.
(1) For the purpose of preventing the entry into or movement in intrastate commerce of any livestock or poultry carcass, part of any livestock or poultry carcass, meat food product or poultry product that is unwholesome or adulterated and is intended for or capable of use as human food, the commissioner shall, where and to the extent considered by the commissioner necessary, cause to be made by inspectors ante mortem inspection of livestock and poultry in any official establishment where livestock or poultry are slaughtered for intrastate commerce.
(2) For the purpose stated in subdivision (a)(1), the commissioner, whenever slaughtering or other processing operations are being conducted, shall cause to be made by inspectors post mortem inspection of the carcasses and parts of carcasses of each animal and bird slaughtered in any official establishment, and shall cause to be made by inspectors an inspection of all meat food products and poultry products processed in any official establishment in which meat food products or poultry products are processed for intrastate commerce.
(b) (1) The commissioner shall cause, at any time, quarantine, seizure, segregation, and reinspection of livestock and poultry, livestock and poultry carcasses and parts of livestock or poultry carcasses, meat food products and poultry products in official establishments that the commissioner deems necessary to effectuate the purposes of this part. (2) Whenever a duly authorized agent of the commissioner finds, or has probable cause to believe, that any livestock or poultry carcasses or part of livestock or poultry carcasses, processed meat food products or poultry products, in an official establishment or in other trade channels where the product is held or offered for sale, is adulterated or misbranded so as to be fraudulent or has been prepared, packed, processed or held under conditions whereby it may have become contaminated within the meaning of this part, the agent shall affix to the article a tag or other appropriate marking, giving notice that the article is, or is suspected of being, adulterated or misbranded and has been detained or quarantined, and warning all persons not to remove or dispose of the article by sale or otherwise until permission for removal or disposal is given by the agent or the court. It is unlawful for any person to remove or dispose of detained or quarantined articles by sale or otherwise without permission. (3) All livestock and poultry carcasses and parts of livestock or poultry carcasses, meat food products, and poultry products found by an inspector to be unwholesome or adulterated in any official establishment or other trade channels where the product is held or offered for sale, shall be condemned and shall, if no appeal be taken from the determination of condemnation, be destroyed for human food purposes under the supervision of an inspector; provided, that articles that may, by reprocessing, be made not unwholesome and not adulterated need not be so condemned and destroyed if so reprocessed under the supervision of an inspector and thereafter found to be not unwholesome and not adulterated or not misbranded. If any appeal is taken to the commissioner from the determination, the articles shall be appropriately marked and segregated pending completion of an appeal inspection, which appeal shall be at the cost of the appellant if the commissioner determines that the appeal is frivolous or without merit. If the determination of condemnation is sustained, the articles shall be destroyed for human food purposes under the supervision of an inspector.
(1) The commissioner shall cause, at any time, quarantine, seizure, segregation, and reinspection of livestock and poultry, livestock and poultry carcasses and parts of livestock or poultry carcasses, meat food products and poultry products in official establishments that the commissioner deems necessary to effectuate the purposes of this part.
(2) Whenever a duly authorized agent of the commissioner finds, or has probable cause to believe, that any livestock or poultry carcasses or part of livestock or poultry carcasses, processed meat food products or poultry products, in an official establishment or in other trade channels where the product is held or offered for sale, is adulterated or misbranded so as to be fraudulent or has been prepared, packed, processed or held under conditions whereby it may have become contaminated within the meaning of this part, the agent shall affix to the article a tag or other appropriate marking, giving notice that the article is, or is suspected of being, adulterated or misbranded and has been detained or quarantined, and warning all persons not to remove or dispose of the article by sale or otherwise until permission for removal or disposal is given by the agent or the court. It is unlawful for any person to remove or dispose of detained or quarantined articles by sale or otherwise without permission.
(3) All livestock and poultry carcasses and parts of livestock or poultry carcasses, meat food products, and poultry products found by an inspector to be unwholesome or adulterated in any official establishment or other trade channels where the product is held or offered for sale, shall be condemned and shall, if no appeal be taken from the determination of condemnation, be destroyed for human food purposes under the supervision of an inspector; provided, that articles that may, by reprocessing, be made not unwholesome and not adulterated need not be so condemned and destroyed if so reprocessed under the supervision of an inspector and thereafter found to be not unwholesome and not adulterated or not misbranded. If any appeal is taken to the commissioner from the determination, the articles shall be appropriately marked and segregated pending completion of an appeal inspection, which appeal shall be at the cost of the appellant if the commissioner determines that the appeal is frivolous or without merit. If the determination of condemnation is sustained, the articles shall be destroyed for human food purposes under the supervision of an inspector.
(c) One (1) inspector may be assigned to two (2) or more establishments where few animals are slaughtered or where small quantities of carcasses, meat or poultry or meat food products and poultry products are processed. When inspector assignments are made, the commissioner shall designate the days and hours when slaughtering and processing will be done.
(d) The licensee shall pay for devices and supplies used for marking and stamping and for carcass and meat containers and labels. The devices and supplies shall be under the control of the inspector.
Acts 1967, ch. 99, § 3; T.C.A., § 52-917.
Tenn. Code Ann. § 53-3-202 — TN Code / Title 53 / Chapter 3 / Section 53-3-202
Prohibited practices
Status: in_force

(a) The prohibited practices described in this section are declared to be unfair trade practices and are prohibited and made unlawful when done with the intent or with the effect of injuring a competitor, of destroying competition or of creating a monopoly. (b) No processor or distributor shall do, nor shall any retailer accept the benefit of, any of the following: (1) Advertise, offer to sell or sell within the state, at wholesale or retail, any milk product for less than cost to the processor or distributor; (2) Discriminate in price in the sale of any milk product between any of the towns or counties of this state; provided, that different prices that reflect actual transportation cost from point of processing to point of sale, or the actual transportation cost from point of purchase to point of resale, shall not be construed as discriminatory; or (3) Give or offer to give any retailer or prospective retail customer of a processor or distributor, or of their agents or employees, any free service or any other thing of value, including, but not limited to, the following, which, together with any similar practices, are declared to be unfair trade practices when conducted with the intent of committing any of the acts outlined in this section: advertising allowance; brokerage fees or payments, or sales commissions, a part or all of which are passed on by the ostensible recipient of the fees, payments or commissions to the customer; compensation for jointly used advertising space; advertising displays of any kind, including, but not limited to, newspaper advertising, hand bills, booklets, television or radio advertising, and signs in or outside of the customer's place of business; furnishing of hosts or hostesses or demonstrators in stores to make sales to the store's customers; donations directly or indirectly made, whether by way of money, goods, labor or services; free equipment; cleaning and servicing of equipment; or rent on space used by retailer for storing or displaying processor's or distributor's merchandise. However, nothing in this subdivision (b)(3) shall be construed as prohibiting the furnishing, free of cost by a processor or distributor to a retailer, at the retailer's place of business, printed advertising material, such as recipes and informational materials for the promotion of the sale of the processor's or distributor's products. (c) No retailer shall advertise, offer to sell or sell within the state any milk product for less than cost to the retailer. (d) No person shall advertise, offer to sell or sell any milk product with any other commodity or service at a combined price that is less than the aggregate of the prices for which the milk product and the other commodity or service is separately offered for sale. (e) In all proceedings brought to enforce this section, proof of consistent or repeated advertisements, offers to sell or sales of milk products at less than cost, as defined in this part, the advertisements, offers to sell and sales forming a pattern of sales below cost, shall be prima facie evidence of the intent to injure competitors and destroy or lessen competition. Acts 1955, ch. 74, § 2; 1957, ch. 109, § 1; 1961, ch. 203, § 2; T.C.A., § 52-332; Acts 2005, ch. 300, § 2.
(a) The prohibited practices described in this section are declared to be unfair trade practices and are prohibited and made unlawful when done with the intent or with the effect of injuring a competitor, of destroying competition or of creating a monopoly.
(b) No processor or distributor shall do, nor shall any retailer accept the benefit of, any of the following: (1) Advertise, offer to sell or sell within the state, at wholesale or retail, any milk product for less than cost to the processor or distributor; (2) Discriminate in price in the sale of any milk product between any of the towns or counties of this state; provided, that different prices that reflect actual transportation cost from point of processing to point of sale, or the actual transportation cost from point of purchase to point of resale, shall not be construed as discriminatory; or (3) Give or offer to give any retailer or prospective retail customer of a processor or distributor, or of their agents or employees, any free service or any other thing of value, including, but not limited to, the following, which, together with any similar practices, are declared to be unfair trade practices when conducted with the intent of committing any of the acts outlined in this section: advertising allowance; brokerage fees or payments, or sales commissions, a part or all of which are passed on by the ostensible recipient of the fees, payments or commissions to the customer; compensation for jointly used advertising space; advertising displays of any kind, including, but not limited to, newspaper advertising, hand bills, booklets, television or radio advertising, and signs in or outside of the customer's place of business; furnishing of hosts or hostesses or demonstrators in stores to make sales to the store's customers; donations directly or indirectly made, whether by way of money, goods, labor or services; free equipment; cleaning and servicing of equipment; or rent on space used by retailer for storing or displaying processor's or distributor's merchandise. However, nothing in this subdivision (b)(3) shall be construed as prohibiting the furnishing, free of cost by a processor or distributor to a retailer, at the retailer's place of business, printed advertising material, such as recipes and informational materials for the promotion of the sale of the processor's or distributor's products.
(1) Advertise, offer to sell or sell within the state, at wholesale or retail, any milk product for less than cost to the processor or distributor;
(2) Discriminate in price in the sale of any milk product between any of the towns or counties of this state; provided, that different prices that reflect actual transportation cost from point of processing to point of sale, or the actual transportation cost from point of purchase to point of resale, shall not be construed as discriminatory; or
(3) Give or offer to give any retailer or prospective retail customer of a processor or distributor, or of their agents or employees, any free service or any other thing of value, including, but not limited to, the following, which, together with any similar practices, are declared to be unfair trade practices when conducted with the intent of committing any of the acts outlined in this section: advertising allowance; brokerage fees or payments, or sales commissions, a part or all of which are passed on by the ostensible recipient of the fees, payments or commissions to the customer; compensation for jointly used advertising space; advertising displays of any kind, including, but not limited to, newspaper advertising, hand bills, booklets, television or radio advertising, and signs in or outside of the customer's place of business; furnishing of hosts or hostesses or demonstrators in stores to make sales to the store's customers; donations directly or indirectly made, whether by way of money, goods, labor or services; free equipment; cleaning and servicing of equipment; or rent on space used by retailer for storing or displaying processor's or distributor's merchandise. However, nothing in this subdivision (b)(3) shall be construed as prohibiting the furnishing, free of cost by a processor or distributor to a retailer, at the retailer's place of business, printed advertising material, such as recipes and informational materials for the promotion of the sale of the processor's or distributor's products.
(c) No retailer shall advertise, offer to sell or sell within the state any milk product for less than cost to the retailer.
(d) No person shall advertise, offer to sell or sell any milk product with any other commodity or service at a combined price that is less than the aggregate of the prices for which the milk product and the other commodity or service is separately offered for sale.
(e) In all proceedings brought to enforce this section, proof of consistent or repeated advertisements, offers to sell or sales of milk products at less than cost, as defined in this part, the advertisements, offers to sell and sales forming a pattern of sales below cost, shall be prima facie evidence of the intent to injure competitors and destroy or lessen competition.
Acts 1955, ch. 74, § 2; 1957, ch. 109, § 1; 1961, ch. 203, § 2; T.C.A., § 52-332; Acts 2005, ch. 300, § 2.
Tenn. Code Ann. § 53-3-103 — TN Code / Title 53 / Chapter 3 / Section 53-3-103
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Commissioner" means the commissioner of agriculture or the person authorized to enforce this chapter; (2) "Dairy products" means pure, clean and wholesome milk, cream, pure milk fat, butter, buttermilk, cheese, ice cream, ice cream mix, ice milk, ice milk mix, ice or ice sherbet, evaporated milk, skimmed milk, condensed milk, sweetened condensed milk, condensed skimmed milk, sweetened condensed skimmed milk, dried milk, dried skimmed milk, any derivatives of milk or combination of products made from milk; (3) "Dairy products plants" means all places where dairy products are packaged, processed or manufactured; (4) "Department" means the Tennessee department of agriculture; (5) "Official methods of analysis" means, for the purpose of determining the bacteriological, chemical or physical constituents in milk, dairy products and trade products as well as organoleptic tests and examinations for extraneous matter or direct and indirect additives and for enforcing the requirements of this chapter, The Methods of Analysis - Tenth Edition, and subsequent editions adopted by the Association of Official Analytical Chemists and Standard Methods for the Examination of Dairy Products - Twelfth Edition, and subsequent editions adopted by the American Public Health Association, and approved methods in a journal of these associations published prior to publication in the book of methods or other methods the commissioner may approve; (6) "Person" includes an individual, firm, corporation, company or association; (7) "Receiving plant" means all places where dairy products or milk products not in consumer packages are received on consignment or otherwise, stored or transported, but where packaging, processing or manufacturing does not occur; (8) "Sell" includes "offer for sale," "expose for sale," "have in possession for sale," "exchange," "barter," or "trade"; (9) "Trade products" means any products made in semblance of dairy products that may be used as a substitute for dairy products; and (10) "Trade products plants" means all places where trade products are packaged, processed or manufactured. Acts 1970, ch. 577, § 2; T.C.A., § 52-303; T.C.A., § 53-3-102(a)(1), (2) .
As used in this chapter, unless the context otherwise requires:
(1) "Commissioner" means the commissioner of agriculture or the person authorized to enforce this chapter;
(2) "Dairy products" means pure, clean and wholesome milk, cream, pure milk fat, butter, buttermilk, cheese, ice cream, ice cream mix, ice milk, ice milk mix, ice or ice sherbet, evaporated milk, skimmed milk, condensed milk, sweetened condensed milk, condensed skimmed milk, sweetened condensed skimmed milk, dried milk, dried skimmed milk, any derivatives of milk or combination of products made from milk;
(3) "Dairy products plants" means all places where dairy products are packaged, processed or manufactured;
(4) "Department" means the Tennessee department of agriculture;
(5) "Official methods of analysis" means, for the purpose of determining the bacteriological, chemical or physical constituents in milk, dairy products and trade products as well as organoleptic tests and examinations for extraneous matter or direct and indirect additives and for enforcing the requirements of this chapter, The Methods of Analysis - Tenth Edition, and subsequent editions adopted by the Association of Official Analytical Chemists and Standard Methods for the Examination of Dairy Products - Twelfth Edition, and subsequent editions adopted by the American Public Health Association, and approved methods in a journal of these associations published prior to publication in the book of methods or other methods the commissioner may approve;
(6) "Person" includes an individual, firm, corporation, company or association;
(7) "Receiving plant" means all places where dairy products or milk products not in consumer packages are received on consignment or otherwise, stored or transported, but where packaging, processing or manufacturing does not occur;
(8) "Sell" includes "offer for sale," "expose for sale," "have in possession for sale," "exchange," "barter," or "trade";
(9) "Trade products" means any products made in semblance of dairy products that may be used as a substitute for dairy products; and
(10) "Trade products plants" means all places where trade products are packaged, processed or manufactured.
Acts 1970, ch. 577, § 2; T.C.A., § 52-303; T.C.A., § 53-3-102(a)(1), (2) .
Tenn. Code Ann. § 53-8-104 — TN Code / Title 53 / Chapter 8 / Section 53-8-104
Authority of commissioner
Status: in_force

(a) The commissioner is authorized to: (1) Carry out or cause to be carried out all provisions of this chapter; (2) Collect all fees established pursuant to this chapter and apply the fees in accordance with the procedures of the department of finance and administration to the necessary and incidental costs of the administration of this chapter. Nothing in this subdivision (a)(2) shall be construed to prohibit the department from receiving, by way of general appropriation, such sums as may be required to fund adequately the implementation of this chapter, as recommended in the annual budget by the governor to the general assembly; (3) Prescribe rules and regulations, including emergency rules, governing the alteration, construction, sanitation, safety of food, and operation of food establishments as may be necessary to protect the health and safety of the public, and require food establishments to comply with these rules and regulations. A non-elected body of any municipality, county, or metropolitan government shall not enact any ordinance or issue any rule or regulation pertaining to food safety or the provision of nutritional information related to food or drink, or otherwise regulate menus at food establishments. If, on July 1, 2015, the federal government takes action regarding the provision of food nutritional information at food establishments, and the federal action specifically authorizes state agencies to enforce such action, then the department of agriculture shall be the department that is primarily responsible for the implementation and supervision of any new requirements and shall have the authority to promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, as necessary to effectuate the purposes of such requirements. The commissioner shall not prescribe any such rules and regulations that are in conflict with the minimum statewide building construction standards established by the state fire marshal pursuant to § 68-120-101 . The rules with respect to food temperature shall be specific with respect to the types of food prepared and the risks presented by those foods. Except as specifically provided herein, the commissioner may, by the promulgation of rules and regulations, adopt all or part of the Food Code; (4) Inspect or cause to be inspected as often as the commissioner, in the commissioner's discretion may deem necessary, every food establishment in the state as authorized by this chapter, to determine compliance with this chapter and with rules and regulations; (5) Issue or cause to be issued, suspend, and revoke permits to operate food establishments as provided in this chapter; (6) Notify the owner, proprietor, or agent of any food establishment of such changes or alterations as may be necessary, to effect complete compliance with this chapter and with rules and regulations governing the construction, alteration, and operation of the facilities, and close the facilities for failure to comply within specified times as provided in this chapter and in rules and regulations; (7) Enter into agreements or contracts with the Shelby, Davidson, and Knox county health departments for the health departments to implement this chapter in their areas of jurisdiction, if the commissioner deems it appropriate; provided, that the following conditions shall apply: (A) State reporting requirements shall be met by the county health department or departments; (B) The county health department program standards shall be identical to those of the state law, and to rules and regulations; (C) The commissioner shall retain the right to exercise oversight and evaluation of performance of the county health department or departments and terminate the agreement or contract for cause immediately, or otherwise upon reasonable notice; (D) The commissioner may set such other fiscal, administrative, or program requirements as the commissioner deems necessary to maintain consistency and integrity of the statewide program; (E) Staffing and resources shall be adequate to implement and enforce the program in the local jurisdiction; (F) Contract county health departments that collect the applicable permit fees from food establishments located within the county shall retain one hundred percent (100%) of the permit fees and penalty fees. Contract counties that utilize the services of the department for the collection of permit fees shall receive ninety-five percent (95%) of permit fees collected within a contract county pursuant to §§ 53-8-104 - 53-8-106. This amount shall be calculated based upon fees collected in the contract county during the state's fiscal year multiplied by ninety-five percent (95%). (b) (1) Upon the application of a food establishment for a variance based on a showing of good cause and an affirmative demonstration that the risks to the public attendant to the limited activities have been mitigated, the commissioner shall grant the establishment a variance from the limitations in the Food Code regarding restrictions pertaining to bare hand contact. A request for a variance shall be granted or denied within sixty (60) days of the commissioner's receipt of the application for variance. A request for a variance shall include the following: (A) A listing of the specific ready-to-eat foods that are touched by bare hands; (B) Diagrams and other information showing that hand washing facilities are located and equipped as prescribed by the applicable provisions of the Food Code; (C) An employee health policy documenting that the food service establishment complies with: (i) The person in charge requirements; and (ii) Requirements for monitoring the health of food service employees; (D) Documentation that food service employees have received training on the: (i) Risks of contacting ready-to-eat foods with bare hands; (ii) Practice of proper hand washing; (iii) Proper fingernail maintenance; (iv) Prohibition on jewelry; and (v) Good hygienic practices; (E) Documentation that food employees contacting ready-to-eat foods with bare hands used two (2) or more of the following control measures: (i) Double hand washing; (ii) Nail brushes; (iii) A hand antiseptic after hand washing; (iv) Incentive programs that assist or encourage food service employees not to work when they are ill; or (v) Other control measures approved by the commissioner. (2) Notwithstanding any provisions of the Food Code to the contrary, the commissioner shall not require any further documentation for the granting of a variance other than those contained in this section. Repealed by 2017 Tenn. Acts, ch. 150, s 5, eff. 4/17/2017. Acts 1909, ch. 473, § 3; Shan., § 3473a44; Code 1932, § 6601; T.C.A. (orig. ed.), § 52-1005.
(a) The commissioner is authorized to: (1) Carry out or cause to be carried out all provisions of this chapter; (2) Collect all fees established pursuant to this chapter and apply the fees in accordance with the procedures of the department of finance and administration to the necessary and incidental costs of the administration of this chapter. Nothing in this subdivision (a)(2) shall be construed to prohibit the department from receiving, by way of general appropriation, such sums as may be required to fund adequately the implementation of this chapter, as recommended in the annual budget by the governor to the general assembly; (3) Prescribe rules and regulations, including emergency rules, governing the alteration, construction, sanitation, safety of food, and operation of food establishments as may be necessary to protect the health and safety of the public, and require food establishments to comply with these rules and regulations. A non-elected body of any municipality, county, or metropolitan government shall not enact any ordinance or issue any rule or regulation pertaining to food safety or the provision of nutritional information related to food or drink, or otherwise regulate menus at food establishments. If, on July 1, 2015, the federal government takes action regarding the provision of food nutritional information at food establishments, and the federal action specifically authorizes state agencies to enforce such action, then the department of agriculture shall be the department that is primarily responsible for the implementation and supervision of any new requirements and shall have the authority to promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, as necessary to effectuate the purposes of such requirements. The commissioner shall not prescribe any such rules and regulations that are in conflict with the minimum statewide building construction standards established by the state fire marshal pursuant to § 68-120-101 . The rules with respect to food temperature shall be specific with respect to the types of food prepared and the risks presented by those foods. Except as specifically provided herein, the commissioner may, by the promulgation of rules and regulations, adopt all or part of the Food Code; (4) Inspect or cause to be inspected as often as the commissioner, in the commissioner's discretion may deem necessary, every food establishment in the state as authorized by this chapter, to determine compliance with this chapter and with rules and regulations; (5) Issue or cause to be issued, suspend, and revoke permits to operate food establishments as provided in this chapter; (6) Notify the owner, proprietor, or agent of any food establishment of such changes or alterations as may be necessary, to effect complete compliance with this chapter and with rules and regulations governing the construction, alteration, and operation of the facilities, and close the facilities for failure to comply within specified times as provided in this chapter and in rules and regulations; (7) Enter into agreements or contracts with the Shelby, Davidson, and Knox county health departments for the health departments to implement this chapter in their areas of jurisdiction, if the commissioner deems it appropriate; provided, that the following conditions shall apply: (A) State reporting requirements shall be met by the county health department or departments; (B) The county health department program standards shall be identical to those of the state law, and to rules and regulations; (C) The commissioner shall retain the right to exercise oversight and evaluation of performance of the county health department or departments and terminate the agreement or contract for cause immediately, or otherwise upon reasonable notice; (D) The commissioner may set such other fiscal, administrative, or program requirements as the commissioner deems necessary to maintain consistency and integrity of the statewide program; (E) Staffing and resources shall be adequate to implement and enforce the program in the local jurisdiction; (F) Contract county health departments that collect the applicable permit fees from food establishments located within the county shall retain one hundred percent (100%) of the permit fees and penalty fees. Contract counties that utilize the services of the department for the collection of permit fees shall receive ninety-five percent (95%) of permit fees collected within a contract county pursuant to §§ 53-8-104 - 53-8-106. This amount shall be calculated based upon fees collected in the contract county during the state's fiscal year multiplied by ninety-five percent (95%).
(1) Carry out or cause to be carried out all provisions of this chapter;
(2) Collect all fees established pursuant to this chapter and apply the fees in accordance with the procedures of the department of finance and administration to the necessary and incidental costs of the administration of this chapter. Nothing in this subdivision (a)(2) shall be construed to prohibit the department from receiving, by way of general appropriation, such sums as may be required to fund adequately the implementation of this chapter, as recommended in the annual budget by the governor to the general assembly;
(3) Prescribe rules and regulations, including emergency rules, governing the alteration, construction, sanitation, safety of food, and operation of food establishments as may be necessary to protect the health and safety of the public, and require food establishments to comply with these rules and regulations. A non-elected body of any municipality, county, or metropolitan government shall not enact any ordinance or issue any rule or regulation pertaining to food safety or the provision of nutritional information related to food or drink, or otherwise regulate menus at food establishments. If, on July 1, 2015, the federal government takes action regarding the provision of food nutritional information at food establishments, and the federal action specifically authorizes state agencies to enforce such action, then the department of agriculture shall be the department that is primarily responsible for the implementation and supervision of any new requirements and shall have the authority to promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, as necessary to effectuate the purposes of such requirements. The commissioner shall not prescribe any such rules and regulations that are in conflict with the minimum statewide building construction standards established by the state fire marshal pursuant to § 68-120-101 . The rules with respect to food temperature shall be specific with respect to the types of food prepared and the risks presented by those foods. Except as specifically provided herein, the commissioner may, by the promulgation of rules and regulations, adopt all or part of the Food Code;
(4) Inspect or cause to be inspected as often as the commissioner, in the commissioner's discretion may deem necessary, every food establishment in the state as authorized by this chapter, to determine compliance with this chapter and with rules and regulations;
(5) Issue or cause to be issued, suspend, and revoke permits to operate food establishments as provided in this chapter;
(6) Notify the owner, proprietor, or agent of any food establishment of such changes or alterations as may be necessary, to effect complete compliance with this chapter and with rules and regulations governing the construction, alteration, and operation of the facilities, and close the facilities for failure to comply within specified times as provided in this chapter and in rules and regulations;
(7) Enter into agreements or contracts with the Shelby, Davidson, and Knox county health departments for the health departments to implement this chapter in their areas of jurisdiction, if the commissioner deems it appropriate; provided, that the following conditions shall apply: (A) State reporting requirements shall be met by the county health department or departments; (B) The county health department program standards shall be identical to those of the state law, and to rules and regulations; (C) The commissioner shall retain the right to exercise oversight and evaluation of performance of the county health department or departments and terminate the agreement or contract for cause immediately, or otherwise upon reasonable notice; (D) The commissioner may set such other fiscal, administrative, or program requirements as the commissioner deems necessary to maintain consistency and integrity of the statewide program; (E) Staffing and resources shall be adequate to implement and enforce the program in the local jurisdiction; (F) Contract county health departments that collect the applicable permit fees from food establishments located within the county shall retain one hundred percent (100%) of the permit fees and penalty fees. Contract counties that utilize the services of the department for the collection of permit fees shall receive ninety-five percent (95%) of permit fees collected within a contract county pursuant to §§ 53-8-104 - 53-8-106. This amount shall be calculated based upon fees collected in the contract county during the state's fiscal year multiplied by ninety-five percent (95%).
(A) State reporting requirements shall be met by the county health department or departments;
(B) The county health department program standards shall be identical to those of the state law, and to rules and regulations;
(C) The commissioner shall retain the right to exercise oversight and evaluation of performance of the county health department or departments and terminate the agreement or contract for cause immediately, or otherwise upon reasonable notice;
(D) The commissioner may set such other fiscal, administrative, or program requirements as the commissioner deems necessary to maintain consistency and integrity of the statewide program;
(E) Staffing and resources shall be adequate to implement and enforce the program in the local jurisdiction;
(F) Contract county health departments that collect the applicable permit fees from food establishments located within the county shall retain one hundred percent (100%) of the permit fees and penalty fees. Contract counties that utilize the services of the department for the collection of permit fees shall receive ninety-five percent (95%) of permit fees collected within a contract county pursuant to §§ 53-8-104 - 53-8-106. This amount shall be calculated based upon fees collected in the contract county during the state's fiscal year multiplied by ninety-five percent (95%).
(b) (1) Upon the application of a food establishment for a variance based on a showing of good cause and an affirmative demonstration that the risks to the public attendant to the limited activities have been mitigated, the commissioner shall grant the establishment a variance from the limitations in the Food Code regarding restrictions pertaining to bare hand contact. A request for a variance shall be granted or denied within sixty (60) days of the commissioner's receipt of the application for variance. A request for a variance shall include the following: (A) A listing of the specific ready-to-eat foods that are touched by bare hands; (B) Diagrams and other information showing that hand washing facilities are located and equipped as prescribed by the applicable provisions of the Food Code; (C) An employee health policy documenting that the food service establishment complies with: (i) The person in charge requirements; and (ii) Requirements for monitoring the health of food service employees; (D) Documentation that food service employees have received training on the: (i) Risks of contacting ready-to-eat foods with bare hands; (ii) Practice of proper hand washing; (iii) Proper fingernail maintenance; (iv) Prohibition on jewelry; and (v) Good hygienic practices; (E) Documentation that food employees contacting ready-to-eat foods with bare hands used two (2) or more of the following control measures: (i) Double hand washing; (ii) Nail brushes; (iii) A hand antiseptic after hand washing; (iv) Incentive programs that assist or encourage food service employees not to work when they are ill; or (v) Other control measures approved by the commissioner. (2) Notwithstanding any provisions of the Food Code to the contrary, the commissioner shall not require any further documentation for the granting of a variance other than those contained in this section.
(1) Upon the application of a food establishment for a variance based on a showing of good cause and an affirmative demonstration that the risks to the public attendant to the limited activities have been mitigated, the commissioner shall grant the establishment a variance from the limitations in the Food Code regarding restrictions pertaining to bare hand contact. A request for a variance shall be granted or denied within sixty (60) days of the commissioner's receipt of the application for variance. A request for a variance shall include the following: (A) A listing of the specific ready-to-eat foods that are touched by bare hands; (B) Diagrams and other information showing that hand washing facilities are located and equipped as prescribed by the applicable provisions of the Food Code; (C) An employee health policy documenting that the food service establishment complies with: (i) The person in charge requirements; and (ii) Requirements for monitoring the health of food service employees; (D) Documentation that food service employees have received training on the: (i) Risks of contacting ready-to-eat foods with bare hands; (ii) Practice of proper hand washing; (iii) Proper fingernail maintenance; (iv) Prohibition on jewelry; and (v) Good hygienic practices; (E) Documentation that food employees contacting ready-to-eat foods with bare hands used two (2) or more of the following control measures: (i) Double hand washing; (ii) Nail brushes; (iii) A hand antiseptic after hand washing; (iv) Incentive programs that assist or encourage food service employees not to work when they are ill; or (v) Other control measures approved by the commissioner.
(A) A listing of the specific ready-to-eat foods that are touched by bare hands;
(B) Diagrams and other information showing that hand washing facilities are located and equipped as prescribed by the applicable provisions of the Food Code;
(C) An employee health policy documenting that the food service establishment complies with: (i) The person in charge requirements; and (ii) Requirements for monitoring the health of food service employees;
(i) The person in charge requirements; and
(ii) Requirements for monitoring the health of food service employees;
(D) Documentation that food service employees have received training on the: (i) Risks of contacting ready-to-eat foods with bare hands; (ii) Practice of proper hand washing; (iii) Proper fingernail maintenance; (iv) Prohibition on jewelry; and (v) Good hygienic practices;
(i) Risks of contacting ready-to-eat foods with bare hands;
(ii) Practice of proper hand washing;
(iii) Proper fingernail maintenance;
(iv) Prohibition on jewelry; and
(v) Good hygienic practices;
(E) Documentation that food employees contacting ready-to-eat foods with bare hands used two (2) or more of the following control measures: (i) Double hand washing; (ii) Nail brushes; (iii) A hand antiseptic after hand washing; (iv) Incentive programs that assist or encourage food service employees not to work when they are ill; or (v) Other control measures approved by the commissioner.
(i) Double hand washing;
(ii) Nail brushes;
(iii) A hand antiseptic after hand washing;
(iv) Incentive programs that assist or encourage food service employees not to work when they are ill; or
(v) Other control measures approved by the commissioner.
(2) Notwithstanding any provisions of the Food Code to the contrary, the commissioner shall not require any further documentation for the granting of a variance other than those contained in this section.
Repealed by 2017 Tenn. Acts, ch. 150, s 5, eff. 4/17/2017.
Acts 1909, ch. 473, § 3; Shan., § 3473a44; Code 1932, § 6601; T.C.A. (orig. ed.), § 52-1005.
Tenn. Code Ann. § 53-8-103 — TN Code / Title 53 / Chapter 8 / Section 53-8-103
Chapter definitions
Status: in_force

As used in this chapter: (1) "Alteration" shall be defined by rule, but shall not mean function replacement that equals or makes better the existing operation of the facility; (2) "Commissioner" means the commissioner of agriculture, the commissioner's duly authorized representative, and in the event of the commissioner's absence or vacancy in the office of commissioner, the deputy commissioner; (3) (A) "Demonstration of knowledge" means the ability to demonstrate knowledge of food safety principles as applicable to establishments regulated in accordance with this chapter; (B) For the purposes of this chapter, "demonstration of knowledge" may be accomplished by one (1) or more of the following means: (i) Completing an inspection that reflects no priority item violation; (ii) Employing at least one (1) person certified as a food protection manager who has shown proficiency of food protection information through passing a test that is part of a certification program that is evaluated and listed by an accrediting agency recognized by the Conference for Food Protection as conforming to the Conference for Food Protection Standards for Accreditation of Food Protection Manager Certification Programs; or (iii) Responding correctly to food protection questions related to the specific food operation. A person responding to the questions may be aided by the utilization of food safety procedures posted prominently for employees who may use the procedures as reference guides. The commissioner shall assist establishments that request information relative to risks associated with the establishments' specific food operation, which may be posed as questions during the inspection; (4) "Department" means the department of agriculture; (5) "Employee" means a person: (A) In charge of a food establishment; (B) Engaged in the preparation of food or drink; (C) Engaged in service of food to the establishment's clientele; or (D) Engaged in ware washing; (6) "Extensive remodeling" means the repair, construction, alteration or installation of new equipment, modification of existing equipment or fixtures, changes in floor plan layout, addition of new processes, expansion to new space, or significant changes to use of space or equipment; (7) "Farm to consumer distribution point" means a temporary or permanent location, that is not open to the general public, where a farmer or the farmer's agent delivers food, produced by the farmer and previously sold under an agreement entered into between the farmer and the consumer, directly to the consumer or the consumer's agent; (8) "Food Code" means the 2009 Food Code as published by the United States department of health and human services, public health service, food and drug administration; (9) (A) "Food establishments" means retail food stores, and food service establishments located within retail food stores; (B) The term "food establishments" is to be used throughout this chapter when a provision is applicable to both retail food stores and food service establishments located within retail food stores; (10) (A) "Food service establishment" means any establishment, place or location, whether permanent, temporary, seasonal, or itinerant, where food is prepared and the public is offered to be served or is served food, including, but not limited to, foods, vegetables, or beverages not in an original package or container, food and beverages dispensed at soda fountains and delicatessens, sliced watermelon, ice balls, or water mixtures; (B) "Food service establishment" includes places identified in subdivision (10)(A), regardless of whether there is a charge for the food; (C) "Food service establishment" does not include private homes where food is prepared or served and not offered for sale, retail food store operations other than delicatessens, the location of vending machines or supply vehicles; (D) "Food service establishment" does not include churches, temples, synagogues or other religious institutions, civic, fraternal, or veteran's organizations where food is prepared, served, transported, or stored by volunteer personnel only on non-consecutive days; provided, however, that the storage of unopened, commercially canned food, packaged bulk food that is not potentially hazardous as defined by department rules and regulations, and dry goods shall not apply for these purposes; (E) "Food service establishment" does not include grocery stores that may, incidentally, make infrequent casual sales of uncooked foods for consumption on the premises, or any establishment whose primary business is other than food service, that may, incidentally, make infrequent casual sales of coffee or prepackaged foods, or both, for consumption on the premises. For the purposes of this subdivision (10)(E), "infrequent casual sales" means sales not in excess of one hundred fifty dollars ($150) per day on any particular day; (F) "Food service establishment" does not include a location from which casual, occasional food sales are conducted solely in connection with youth-related amateur athletic or recreational activities or primary or secondary school-related clubs by volunteer personnel and that are in operation for twenty-four (24) consecutive hours or less; (G) "Food service establishment" does not include a catering business that employs no regular, full-time employees, the food preparation for such business is solely performed within the confines of the principal residence of the proprietor, and the catering business makes only "occasional sales" during any thirty-day period; and (H) "Food service establishment" does not include a house or other residential structure where seriously ill or injured children and their families are provided temporary accommodations in proximity to their treatment hospitals and where food is prepared, served, transported or stored by volunteer personnel; provided, that the house or structure is supported by a § 501(c)(3) organization, as defined in 26 U.S.C. § 501(c)(3) , that has as a component of its mission the support of programs that directly improve the health and well-being of children; (11) "Imminent health hazard" means any condition, deficiency, or practice that, if not corrected, is very likely to result in illness, injury, or loss of life to any person; (12) "Person" means any individual, partnership, firm, corporation, agency, municipality, state or political subdivision, or the federal government and its agencies and departments; (13) "Person in charge" means an individual present at a food establishment who is responsible for the operation at the time of inspection. A "person in charge" shall be present at the establishment during food preparation and handling, and may put instructions in place for cleaning and preparing the establishment prior to the preparation of any food or beverage; and (14) (A) "Retail food store" means any establishment or a section of an establishment where food and food products are offered to the consumer and intended for off-premise consumption; (B) "Retail food store" does not include: (i) Establishments that handle only prepackaged, non-potentially hazardous foods, as defined by department rules and regulations; (ii) Roadside markets that offer only fresh fruits and fresh vegetables; (iii) Food and beverage vending machines; (iv) Food service establishments not located within a retail food store; or (v) A person who makes infrequent casual sales of honey or who packs or sells less than one hundred fifty gallons (150 gals.) of honey per year. Repealed by 2017 Tenn. Acts, ch. 150, s 5, eff. 4/17/2017. Acts 1909, ch. 473, § 2; 1913 (1st E.S.), ch. 15, § 1; Shan., § 3473a42; mod. Code 1932, § 6599; T.C.A. (orig. ed.), § 52-1004.
As used in this chapter:
(1) "Alteration" shall be defined by rule, but shall not mean function replacement that equals or makes better the existing operation of the facility;
(2) "Commissioner" means the commissioner of agriculture, the commissioner's duly authorized representative, and in the event of the commissioner's absence or vacancy in the office of commissioner, the deputy commissioner;
(3) (A) "Demonstration of knowledge" means the ability to demonstrate knowledge of food safety principles as applicable to establishments regulated in accordance with this chapter; (B) For the purposes of this chapter, "demonstration of knowledge" may be accomplished by one (1) or more of the following means: (i) Completing an inspection that reflects no priority item violation; (ii) Employing at least one (1) person certified as a food protection manager who has shown proficiency of food protection information through passing a test that is part of a certification program that is evaluated and listed by an accrediting agency recognized by the Conference for Food Protection as conforming to the Conference for Food Protection Standards for Accreditation of Food Protection Manager Certification Programs; or (iii) Responding correctly to food protection questions related to the specific food operation. A person responding to the questions may be aided by the utilization of food safety procedures posted prominently for employees who may use the procedures as reference guides. The commissioner shall assist establishments that request information relative to risks associated with the establishments' specific food operation, which may be posed as questions during the inspection;
(A) "Demonstration of knowledge" means the ability to demonstrate knowledge of food safety principles as applicable to establishments regulated in accordance with this chapter;
(B) For the purposes of this chapter, "demonstration of knowledge" may be accomplished by one (1) or more of the following means: (i) Completing an inspection that reflects no priority item violation; (ii) Employing at least one (1) person certified as a food protection manager who has shown proficiency of food protection information through passing a test that is part of a certification program that is evaluated and listed by an accrediting agency recognized by the Conference for Food Protection as conforming to the Conference for Food Protection Standards for Accreditation of Food Protection Manager Certification Programs; or (iii) Responding correctly to food protection questions related to the specific food operation. A person responding to the questions may be aided by the utilization of food safety procedures posted prominently for employees who may use the procedures as reference guides. The commissioner shall assist establishments that request information relative to risks associated with the establishments' specific food operation, which may be posed as questions during the inspection;
(i) Completing an inspection that reflects no priority item violation;
(ii) Employing at least one (1) person certified as a food protection manager who has shown proficiency of food protection information through passing a test that is part of a certification program that is evaluated and listed by an accrediting agency recognized by the Conference for Food Protection as conforming to the Conference for Food Protection Standards for Accreditation of Food Protection Manager Certification Programs; or
(iii) Responding correctly to food protection questions related to the specific food operation. A person responding to the questions may be aided by the utilization of food safety procedures posted prominently for employees who may use the procedures as reference guides. The commissioner shall assist establishments that request information relative to risks associated with the establishments' specific food operation, which may be posed as questions during the inspection;
(4) "Department" means the department of agriculture;
(5) "Employee" means a person: (A) In charge of a food establishment; (B) Engaged in the preparation of food or drink; (C) Engaged in service of food to the establishment's clientele; or (D) Engaged in ware washing;
(A) In charge of a food establishment;
(B) Engaged in the preparation of food or drink;
(C) Engaged in service of food to the establishment's clientele; or
(D) Engaged in ware washing;
(6) "Extensive remodeling" means the repair, construction, alteration or installation of new equipment, modification of existing equipment or fixtures, changes in floor plan layout, addition of new processes, expansion to new space, or significant changes to use of space or equipment;
(7) "Farm to consumer distribution point" means a temporary or permanent location, that is not open to the general public, where a farmer or the farmer's agent delivers food, produced by the farmer and previously sold under an agreement entered into between the farmer and the consumer, directly to the consumer or the consumer's agent;
(8) "Food Code" means the 2009 Food Code as published by the United States department of health and human services, public health service, food and drug administration;
(9) (A) "Food establishments" means retail food stores, and food service establishments located within retail food stores; (B) The term "food establishments" is to be used throughout this chapter when a provision is applicable to both retail food stores and food service establishments located within retail food stores;
(A) "Food establishments" means retail food stores, and food service establishments located within retail food stores;
(B) The term "food establishments" is to be used throughout this chapter when a provision is applicable to both retail food stores and food service establishments located within retail food stores;
(10) (A) "Food service establishment" means any establishment, place or location, whether permanent, temporary, seasonal, or itinerant, where food is prepared and the public is offered to be served or is served food, including, but not limited to, foods, vegetables, or beverages not in an original package or container, food and beverages dispensed at soda fountains and delicatessens, sliced watermelon, ice balls, or water mixtures; (B) "Food service establishment" includes places identified in subdivision (10)(A), regardless of whether there is a charge for the food; (C) "Food service establishment" does not include private homes where food is prepared or served and not offered for sale, retail food store operations other than delicatessens, the location of vending machines or supply vehicles; (D) "Food service establishment" does not include churches, temples, synagogues or other religious institutions, civic, fraternal, or veteran's organizations where food is prepared, served, transported, or stored by volunteer personnel only on non-consecutive days; provided, however, that the storage of unopened, commercially canned food, packaged bulk food that is not potentially hazardous as defined by department rules and regulations, and dry goods shall not apply for these purposes; (E) "Food service establishment" does not include grocery stores that may, incidentally, make infrequent casual sales of uncooked foods for consumption on the premises, or any establishment whose primary business is other than food service, that may, incidentally, make infrequent casual sales of coffee or prepackaged foods, or both, for consumption on the premises. For the purposes of this subdivision (10)(E), "infrequent casual sales" means sales not in excess of one hundred fifty dollars ($150) per day on any particular day; (F) "Food service establishment" does not include a location from which casual, occasional food sales are conducted solely in connection with youth-related amateur athletic or recreational activities or primary or secondary school-related clubs by volunteer personnel and that are in operation for twenty-four (24) consecutive hours or less; (G) "Food service establishment" does not include a catering business that employs no regular, full-time employees, the food preparation for such business is solely performed within the confines of the principal residence of the proprietor, and the catering business makes only "occasional sales" during any thirty-day period; and (H) "Food service establishment" does not include a house or other residential structure where seriously ill or injured children and their families are provided temporary accommodations in proximity to their treatment hospitals and where food is prepared, served, transported or stored by volunteer personnel; provided, that the house or structure is supported by a § 501(c)(3) organization, as defined in 26 U.S.C. § 501(c)(3) , that has as a component of its mission the support of programs that directly improve the health and well-being of children;
(A) "Food service establishment" means any establishment, place or location, whether permanent, temporary, seasonal, or itinerant, where food is prepared and the public is offered to be served or is served food, including, but not limited to, foods, vegetables, or beverages not in an original package or container, food and beverages dispensed at soda fountains and delicatessens, sliced watermelon, ice balls, or water mixtures;
(B) "Food service establishment" includes places identified in subdivision (10)(A), regardless of whether there is a charge for the food;
(C) "Food service establishment" does not include private homes where food is prepared or served and not offered for sale, retail food store operations other than delicatessens, the location of vending machines or supply vehicles;
(D) "Food service establishment" does not include churches, temples, synagogues or other religious institutions, civic, fraternal, or veteran's organizations where food is prepared, served, transported, or stored by volunteer personnel only on non-consecutive days; provided, however, that the storage of unopened, commercially canned food, packaged bulk food that is not potentially hazardous as defined by department rules and regulations, and dry goods shall not apply for these purposes;
(E) "Food service establishment" does not include grocery stores that may, incidentally, make infrequent casual sales of uncooked foods for consumption on the premises, or any establishment whose primary business is other than food service, that may, incidentally, make infrequent casual sales of coffee or prepackaged foods, or both, for consumption on the premises. For the purposes of this subdivision (10)(E), "infrequent casual sales" means sales not in excess of one hundred fifty dollars ($150) per day on any particular day;
(F) "Food service establishment" does not include a location from which casual, occasional food sales are conducted solely in connection with youth-related amateur athletic or recreational activities or primary or secondary school-related clubs by volunteer personnel and that are in operation for twenty-four (24) consecutive hours or less;
(G) "Food service establishment" does not include a catering business that employs no regular, full-time employees, the food preparation for such business is solely performed within the confines of the principal residence of the proprietor, and the catering business makes only "occasional sales" during any thirty-day period; and
(H) "Food service establishment" does not include a house or other residential structure where seriously ill or injured children and their families are provided temporary accommodations in proximity to their treatment hospitals and where food is prepared, served, transported or stored by volunteer personnel; provided, that the house or structure is supported by a § 501(c)(3) organization, as defined in 26 U.S.C. § 501(c)(3) , that has as a component of its mission the support of programs that directly improve the health and well-being of children;
(11) "Imminent health hazard" means any condition, deficiency, or practice that, if not corrected, is very likely to result in illness, injury, or loss of life to any person;
(12) "Person" means any individual, partnership, firm, corporation, agency, municipality, state or political subdivision, or the federal government and its agencies and departments;
(13) "Person in charge" means an individual present at a food establishment who is responsible for the operation at the time of inspection. A "person in charge" shall be present at the establishment during food preparation and handling, and may put instructions in place for cleaning and preparing the establishment prior to the preparation of any food or beverage; and
(14) (A) "Retail food store" means any establishment or a section of an establishment where food and food products are offered to the consumer and intended for off-premise consumption; (B) "Retail food store" does not include: (i) Establishments that handle only prepackaged, non-potentially hazardous foods, as defined by department rules and regulations; (ii) Roadside markets that offer only fresh fruits and fresh vegetables; (iii) Food and beverage vending machines; (iv) Food service establishments not located within a retail food store; or (v) A person who makes infrequent casual sales of honey or who packs or sells less than one hundred fifty gallons (150 gals.) of honey per year.
(A) "Retail food store" means any establishment or a section of an establishment where food and food products are offered to the consumer and intended for off-premise consumption;
(B) "Retail food store" does not include: (i) Establishments that handle only prepackaged, non-potentially hazardous foods, as defined by department rules and regulations; (ii) Roadside markets that offer only fresh fruits and fresh vegetables; (iii) Food and beverage vending machines; (iv) Food service establishments not located within a retail food store; or (v) A person who makes infrequent casual sales of honey or who packs or sells less than one hundred fifty gallons (150 gals.) of honey per year.
(i) Establishments that handle only prepackaged, non-potentially hazardous foods, as defined by department rules and regulations;
(ii) Roadside markets that offer only fresh fruits and fresh vegetables;
(iii) Food and beverage vending machines;
(iv) Food service establishments not located within a retail food store; or
(v) A person who makes infrequent casual sales of honey or who packs or sells less than one hundred fifty gallons (150 gals.) of honey per year.
Repealed by 2017 Tenn. Acts, ch. 150, s 5, eff. 4/17/2017.
Acts 1909, ch. 473, § 2; 1913 (1st E.S.), ch. 15, § 1; Shan., § 3473a42; mod. Code 1932, § 6599; T.C.A. (orig. ed.), § 52-1004.
Tenn. Code Ann. § 53-1-104 — TN Code / Title 53 / Chapter 1 / Section 53-1-104
Food deemed adulterated
Status: in_force

A food shall be deemed to be adulterated if: (1) (A) It bears or contains any poisonous or deleterious substance that may render it injurious to health; but in case the substance is not an added substance, the food shall not be considered adulterated under this subdivision (1)(A) if the quantity of the substance in the food does not ordinarily render it injurious to health; (B) It bears or contains any added poisonous or added deleterious substance that is unsafe within the meaning of § 53-1-107 ; (C) It consists, in whole or in part, of a diseased, contaminated, filthy, putrid, or decomposed substance, or if it is otherwise unfit for food; (D) It has been produced, prepared, packed or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered diseased, unwholesome or injurious to health or if it is a potentially hazardous food, which would consist of meat, poultry, liquid eggs and partially cooked egg products, fish, milk and milk products, shellfish, partially cooked bakery products, such as cream filled pies, but not including standard fully cooked bakery products, and other ingredients capable of supporting rapid and progressive growth of infectious or toxigenic micro-organisms and is transported, stored or offered for sale at a product temperature in excess of forty-five degrees Fahrenheit (45° F) if a cold food, or below one hundred forty degrees Fahrenheit (140° F) if a hot food; provided, that a food that is offered for sale in a frozen state must be stored, transported and displayed at zero degrees Fahrenheit (0° F). However, a ten degree Fahrenheit (10° F) product temperature is acceptable for defrosting or recycling periods; (E) It is the product of a diseased animal or an animal that has died otherwise than by slaughter, or that has been fed upon the uncooked offal from a slaughterhouse; or (F) Its container is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health; (2) (A) Any valuable constituent has been, in whole or in part, omitted or abstracted from the food; (B) Any substance has been substituted, wholly or in part, for the food; (C) Damage or inferiority has been concealed in any manner; or (D) Any substance has been added to the food or mixed or packed with the food so as to increase its bulk or weight, or reduce its quality or strength or make it appear better or of greater value than it is; (3) It is confectionery and it bears or contains any alcohol or nonnutritive article or substance, except harmless coloring, harmless flavoring, harmless resinous glaze not in excess of four-tenths of one percent (0.4%), harmless natural gum, and pectin; provided, that this subdivision (3) shall not apply to any confectionery by reason of its containing less than one-half of one percent (0.5%) of volume of alcohol derived solely from the use of flavoring extracts, or to any chewing gum by reason of its containing harmless nonnutritive masticatory substances; (4) It bears or contains a coal-tar color other than one from a batch that has been certified under the federal act; or (5) The food has been made to appear of better quality than the product actually is through the use of any form of illumination that, by type, color, density, or by other means, alters the appearance of the food product; or if packaging or other materials are used that impart a misleading color or appearance to the food. However, the mere keeping of freshly cooked or prepared foods or liquids warmed pending their being served for consumption, through the use of heat generating lamps of any color, shall not constitute an adulteration. Acts 1941, ch. 120, § 10; C. Supp. 1950, § 6580.10; Acts 1974, ch. 626, § 2; 1976, ch. 658, § 3; T.C.A. (orig. ed.), § 52-110.
A food shall be deemed to be adulterated if:
(1) (A) It bears or contains any poisonous or deleterious substance that may render it injurious to health; but in case the substance is not an added substance, the food shall not be considered adulterated under this subdivision (1)(A) if the quantity of the substance in the food does not ordinarily render it injurious to health; (B) It bears or contains any added poisonous or added deleterious substance that is unsafe within the meaning of § 53-1-107 ; (C) It consists, in whole or in part, of a diseased, contaminated, filthy, putrid, or decomposed substance, or if it is otherwise unfit for food; (D) It has been produced, prepared, packed or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered diseased, unwholesome or injurious to health or if it is a potentially hazardous food, which would consist of meat, poultry, liquid eggs and partially cooked egg products, fish, milk and milk products, shellfish, partially cooked bakery products, such as cream filled pies, but not including standard fully cooked bakery products, and other ingredients capable of supporting rapid and progressive growth of infectious or toxigenic micro-organisms and is transported, stored or offered for sale at a product temperature in excess of forty-five degrees Fahrenheit (45° F) if a cold food, or below one hundred forty degrees Fahrenheit (140° F) if a hot food; provided, that a food that is offered for sale in a frozen state must be stored, transported and displayed at zero degrees Fahrenheit (0° F). However, a ten degree Fahrenheit (10° F) product temperature is acceptable for defrosting or recycling periods; (E) It is the product of a diseased animal or an animal that has died otherwise than by slaughter, or that has been fed upon the uncooked offal from a slaughterhouse; or (F) Its container is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health;
(A) It bears or contains any poisonous or deleterious substance that may render it injurious to health; but in case the substance is not an added substance, the food shall not be considered adulterated under this subdivision (1)(A) if the quantity of the substance in the food does not ordinarily render it injurious to health;
(B) It bears or contains any added poisonous or added deleterious substance that is unsafe within the meaning of § 53-1-107 ;
(C) It consists, in whole or in part, of a diseased, contaminated, filthy, putrid, or decomposed substance, or if it is otherwise unfit for food;
(D) It has been produced, prepared, packed or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered diseased, unwholesome or injurious to health or if it is a potentially hazardous food, which would consist of meat, poultry, liquid eggs and partially cooked egg products, fish, milk and milk products, shellfish, partially cooked bakery products, such as cream filled pies, but not including standard fully cooked bakery products, and other ingredients capable of supporting rapid and progressive growth of infectious or toxigenic micro-organisms and is transported, stored or offered for sale at a product temperature in excess of forty-five degrees Fahrenheit (45° F) if a cold food, or below one hundred forty degrees Fahrenheit (140° F) if a hot food; provided, that a food that is offered for sale in a frozen state must be stored, transported and displayed at zero degrees Fahrenheit (0° F). However, a ten degree Fahrenheit (10° F) product temperature is acceptable for defrosting or recycling periods;
(E) It is the product of a diseased animal or an animal that has died otherwise than by slaughter, or that has been fed upon the uncooked offal from a slaughterhouse; or
(F) Its container is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health;
(2) (A) Any valuable constituent has been, in whole or in part, omitted or abstracted from the food; (B) Any substance has been substituted, wholly or in part, for the food; (C) Damage or inferiority has been concealed in any manner; or (D) Any substance has been added to the food or mixed or packed with the food so as to increase its bulk or weight, or reduce its quality or strength or make it appear better or of greater value than it is;
(A) Any valuable constituent has been, in whole or in part, omitted or abstracted from the food;
(B) Any substance has been substituted, wholly or in part, for the food;
(C) Damage or inferiority has been concealed in any manner; or
(D) Any substance has been added to the food or mixed or packed with the food so as to increase its bulk or weight, or reduce its quality or strength or make it appear better or of greater value than it is;
(3) It is confectionery and it bears or contains any alcohol or nonnutritive article or substance, except harmless coloring, harmless flavoring, harmless resinous glaze not in excess of four-tenths of one percent (0.4%), harmless natural gum, and pectin; provided, that this subdivision (3) shall not apply to any confectionery by reason of its containing less than one-half of one percent (0.5%) of volume of alcohol derived solely from the use of flavoring extracts, or to any chewing gum by reason of its containing harmless nonnutritive masticatory substances;
(4) It bears or contains a coal-tar color other than one from a batch that has been certified under the federal act; or
(5) The food has been made to appear of better quality than the product actually is through the use of any form of illumination that, by type, color, density, or by other means, alters the appearance of the food product; or if packaging or other materials are used that impart a misleading color or appearance to the food. However, the mere keeping of freshly cooked or prepared foods or liquids warmed pending their being served for consumption, through the use of heat generating lamps of any color, shall not constitute an adulteration.
Acts 1941, ch. 120, § 10; C. Supp. 1950, § 6580.10; Acts 1974, ch. 626, § 2; 1976, ch. 658, § 3; T.C.A. (orig. ed.), § 52-110.