Tenn. Code Ann. § 53-3-119 — TN Code / Title 53 / Chapter 3 / Section 53-3-119
Use of milk from hoofed mammal for owner's personal consumption or use - Safe milk-handling course - Cooperative agricultural extension funding - Records - Penalty
Status: in_force

(a) As used in this section: (1) "Department" means the department of health; and (2) "Farm owner" means a farm owner who tends to one (1) or more hoofed mammals for the purpose of producing milk to be consumed or otherwise used by an independent or partial owner of the hoofed mammal as authorized by subsection (b). (b) Notwithstanding any law, an independent or partial owner of a hoofed mammal may use the milk from the mammal for the owner's personal consumption or other personal use in compliance with this section. (c) A farm owner is encouraged to complete a safe milk-handling course offered by the University of Tennessee Agricultural Extension Service. (d) If a farm owner complies with this section, then the farm owner may participate in the cooperative agricultural extension fund, created by § 49-50-103 , for the purpose of receiving cooperative agricultural extension funding for dairy equipment and processing equipment that promotes public health, including, but not limited to, equipment for pasteurizing, testing, and bottling milk. (e) In order to operate in a herd share program, a farm owner shall: (1) Maintain a list of the names, addresses, phone numbers, and email addresses, if applicable, of all partial owners of a hoofed mammal; (2) Maintain a contract on file between the farm owner and the partial owner of the hoofed mammal with clear terms of ownership and the rights resulting from that ownership; and (3) Maintain a contract as described in subdivision (e)(2) that includes the following warning label: WARNING: Milk produced at this farm has not been inspected by the Department of Agriculture. Raw (unpasteurized) milk may contain disease-causing micro-organisms. Persons at highest risk of disease from these organisms include newborns and infants; the elderly; pregnant women; those taking corticosteroids, antibiotics, or antacids; and those having chronic illnesses or other conditions that weaken their immunity. (f) A farm owner shall retain the records described in subsection (e) for each partial owner of a hoofed mammal for at least three (3) years following the end of the contract with that partial owner. A farm owner shall allow the department to inspect the records maintained according to subsection (e) upon request by the department. (g) If a contamination event occurs on a farm owner's farm, then the farm owner shall: (1) Allow the department access to the farm within twenty-four (24) hours following the contamination event to investigate on the farm and to complete lab testing; (2) Cease all distribution of milk pursuant to this section until the investigation is completed and the cause of the contamination is determined and remedied to the satisfaction of the department; and (3) Notify all partial owners of hoofed mammals by email, text message, or phone and provide a list of those partial owners to the department. (h) If a farm owner violates this section, then the farm owner is subject to a civil penalty of five hundred dollars ($500). (i) All moneys collected pursuant to this section must be transferred to the University of Tennessee Agricultural Extension Service for the sole purpose of offsetting the cost to farm owners for completing a course described in subsection (c). Amended by 2020 Tenn. Acts, ch. 714, s 1, eff. 10/1/2020. Acts 2009 , ch. 285, § 1.
(a) As used in this section: (1) "Department" means the department of health; and (2) "Farm owner" means a farm owner who tends to one (1) or more hoofed mammals for the purpose of producing milk to be consumed or otherwise used by an independent or partial owner of the hoofed mammal as authorized by subsection (b).
(1) "Department" means the department of health; and
(2) "Farm owner" means a farm owner who tends to one (1) or more hoofed mammals for the purpose of producing milk to be consumed or otherwise used by an independent or partial owner of the hoofed mammal as authorized by subsection (b).
(b) Notwithstanding any law, an independent or partial owner of a hoofed mammal may use the milk from the mammal for the owner's personal consumption or other personal use in compliance with this section.
(c) A farm owner is encouraged to complete a safe milk-handling course offered by the University of Tennessee Agricultural Extension Service.
(d) If a farm owner complies with this section, then the farm owner may participate in the cooperative agricultural extension fund, created by § 49-50-103 , for the purpose of receiving cooperative agricultural extension funding for dairy equipment and processing equipment that promotes public health, including, but not limited to, equipment for pasteurizing, testing, and bottling milk.
(e) In order to operate in a herd share program, a farm owner shall: (1) Maintain a list of the names, addresses, phone numbers, and email addresses, if applicable, of all partial owners of a hoofed mammal; (2) Maintain a contract on file between the farm owner and the partial owner of the hoofed mammal with clear terms of ownership and the rights resulting from that ownership; and (3) Maintain a contract as described in subdivision (e)(2) that includes the following warning label: WARNING: Milk produced at this farm has not been inspected by the Department of Agriculture. Raw (unpasteurized) milk may contain disease-causing micro-organisms. Persons at highest risk of disease from these organisms include newborns and infants; the elderly; pregnant women; those taking corticosteroids, antibiotics, or antacids; and those having chronic illnesses or other conditions that weaken their immunity.
(1) Maintain a list of the names, addresses, phone numbers, and email addresses, if applicable, of all partial owners of a hoofed mammal;
(2) Maintain a contract on file between the farm owner and the partial owner of the hoofed mammal with clear terms of ownership and the rights resulting from that ownership; and
(3) Maintain a contract as described in subdivision (e)(2) that includes the following warning label: WARNING: Milk produced at this farm has not been inspected by the Department of Agriculture. Raw (unpasteurized) milk may contain disease-causing micro-organisms. Persons at highest risk of disease from these organisms include newborns and infants; the elderly; pregnant women; those taking corticosteroids, antibiotics, or antacids; and those having chronic illnesses or other conditions that weaken their immunity.
WARNING: Milk produced at this farm has not been inspected by the Department of Agriculture. Raw (unpasteurized) milk may contain disease-causing micro-organisms. Persons at highest risk of disease from these organisms include newborns and infants; the elderly; pregnant women; those taking corticosteroids, antibiotics, or antacids; and those having chronic illnesses or other conditions that weaken their immunity.
(f) A farm owner shall retain the records described in subsection (e) for each partial owner of a hoofed mammal for at least three (3) years following the end of the contract with that partial owner. A farm owner shall allow the department to inspect the records maintained according to subsection (e) upon request by the department.
(g) If a contamination event occurs on a farm owner's farm, then the farm owner shall: (1) Allow the department access to the farm within twenty-four (24) hours following the contamination event to investigate on the farm and to complete lab testing; (2) Cease all distribution of milk pursuant to this section until the investigation is completed and the cause of the contamination is determined and remedied to the satisfaction of the department; and (3) Notify all partial owners of hoofed mammals by email, text message, or phone and provide a list of those partial owners to the department.
(1) Allow the department access to the farm within twenty-four (24) hours following the contamination event to investigate on the farm and to complete lab testing;
(2) Cease all distribution of milk pursuant to this section until the investigation is completed and the cause of the contamination is determined and remedied to the satisfaction of the department; and
(3) Notify all partial owners of hoofed mammals by email, text message, or phone and provide a list of those partial owners to the department.
(h) If a farm owner violates this section, then the farm owner is subject to a civil penalty of five hundred dollars ($500).
(i) All moneys collected pursuant to this section must be transferred to the University of Tennessee Agricultural Extension Service for the sole purpose of offsetting the cost to farm owners for completing a course described in subsection (c).
Amended by 2020 Tenn. Acts, ch. 714, s 1, eff. 10/1/2020.
Acts 2009 , ch. 285, § 1.
Tenn. Code Ann. § 53-7-205 — TN Code / Title 53 / Chapter 7 / Section 53-7-205
Official inspection marks and required labeling - Conforming products acceptable for intrastate commerce - False or misleading labels
Status: in_force

(a) (1) Each shipping container of any meat, meat food product, or poultry product inspected under the authority of this part and found to be wholesome and not adulterated, shall, at the time the product leaves the official establishment, bear, in distinctly legible form, the official inspection mark and the approved plant number of the official establishment in which the contents were processed. (2) (A) Each immediate container of any meat, meat food product or poultry product inspected under the authority of this part and found to be wholesome and not adulterated, shall, at the time the product leaves the official establishment, bear, in addition to the official inspection mark, in distinctly legible form, the name of the product, a statement of ingredients, if fabricated from two (2) or more ingredients, including a declaration as to artificial flavors, colors or preservatives, where the food additives are permitted by this part or regulations, the net weight or other appropriate measure of the contents, the name and address of the processor and the approved plant number of the official establishment in which the contents were processed. (B) The name and address of the distributor may be used in lieu of the name and address of the processor if the approved plant number is used to identify the official establishment in which the article was prepared and packed. (3) Each livestock carcass and each primal part of a livestock carcass and meat by-products as hearts and livers shall bear the official inspection mark and approved plant number of the establishment when it leaves the official establishment. (4) The commissioner may by rules and regulations require additional marks or label information to appear on livestock or poultry carcasses or parts of livestock or poultry carcasses, meat food products or poultry products when they leave the official establishments or at the time of their transportation or sale in this state, and the commissioner may permit reasonable variations and grant exemptions from the marking and labeling requirements of this subsection (a) in any manner not in conflict with the purposes of this part. (5) Marks and labels required under this subsection (a) shall be applied only by, or under the supervision of, an inspector. (b) Properly marked and labeled meat food products, poultry food products and carcasses or parts of livestock and poultry shall be acceptable for intrastate movement, and the products shall be acceptable for both public and institutional purchase. (c) (1) The use of any written, printed or graphic matter upon or accompanying any livestock or poultry carcass, or parts of livestock or poultry carcasses, meat food product, or poultry product inspected or required to be inspected pursuant to this part or the container of the livestock or poultry carcass, or parts of the livestock or poultry carcass, meat food products, or poultry products, that is false or misleading in any particular is prohibited. (2) No livestock or poultry carcasses or parts of livestock or poultry carcasses, meat food products, or poultry products inspected or required to be inspected pursuant to this part shall be sold or offered for sale by any person, firm or corporation under any false or deceptive name. Established trade names that are usual to the articles and that are not false or deceptive and that are approved by the commissioner are permitted. (3) (A) If the commissioner has reason to believe that any label in use or prepared for use is false or misleading in any particular, the commissioner may direct that the use of the label be withheld, unless it is modified in a manner the commissioner may prescribe so that it is not false or misleading. (B) If the person using or proposing to use the label does not accept the determination of the commissioner, the person may request a hearing, but the use of the label shall, if the commissioner so directs, be withheld pending hearing and final determination by the commissioner. (C) The determination by the commissioner shall be conclusive unless, within thirty (30) days after the receipt of notice of the final determination, the person adversely affected by the determination appeals the decision of the commissioner to the circuit court pursuant to the provisions for appeals provided in § 53-7-217 . Acts 1967, ch. 99, § 5; T.C.A., § 52-919.
(a) (1) Each shipping container of any meat, meat food product, or poultry product inspected under the authority of this part and found to be wholesome and not adulterated, shall, at the time the product leaves the official establishment, bear, in distinctly legible form, the official inspection mark and the approved plant number of the official establishment in which the contents were processed. (2) (A) Each immediate container of any meat, meat food product or poultry product inspected under the authority of this part and found to be wholesome and not adulterated, shall, at the time the product leaves the official establishment, bear, in addition to the official inspection mark, in distinctly legible form, the name of the product, a statement of ingredients, if fabricated from two (2) or more ingredients, including a declaration as to artificial flavors, colors or preservatives, where the food additives are permitted by this part or regulations, the net weight or other appropriate measure of the contents, the name and address of the processor and the approved plant number of the official establishment in which the contents were processed. (B) The name and address of the distributor may be used in lieu of the name and address of the processor if the approved plant number is used to identify the official establishment in which the article was prepared and packed. (3) Each livestock carcass and each primal part of a livestock carcass and meat by-products as hearts and livers shall bear the official inspection mark and approved plant number of the establishment when it leaves the official establishment. (4) The commissioner may by rules and regulations require additional marks or label information to appear on livestock or poultry carcasses or parts of livestock or poultry carcasses, meat food products or poultry products when they leave the official establishments or at the time of their transportation or sale in this state, and the commissioner may permit reasonable variations and grant exemptions from the marking and labeling requirements of this subsection (a) in any manner not in conflict with the purposes of this part. (5) Marks and labels required under this subsection (a) shall be applied only by, or under the supervision of, an inspector.
(1) Each shipping container of any meat, meat food product, or poultry product inspected under the authority of this part and found to be wholesome and not adulterated, shall, at the time the product leaves the official establishment, bear, in distinctly legible form, the official inspection mark and the approved plant number of the official establishment in which the contents were processed.
(2) (A) Each immediate container of any meat, meat food product or poultry product inspected under the authority of this part and found to be wholesome and not adulterated, shall, at the time the product leaves the official establishment, bear, in addition to the official inspection mark, in distinctly legible form, the name of the product, a statement of ingredients, if fabricated from two (2) or more ingredients, including a declaration as to artificial flavors, colors or preservatives, where the food additives are permitted by this part or regulations, the net weight or other appropriate measure of the contents, the name and address of the processor and the approved plant number of the official establishment in which the contents were processed. (B) The name and address of the distributor may be used in lieu of the name and address of the processor if the approved plant number is used to identify the official establishment in which the article was prepared and packed.
(A) Each immediate container of any meat, meat food product or poultry product inspected under the authority of this part and found to be wholesome and not adulterated, shall, at the time the product leaves the official establishment, bear, in addition to the official inspection mark, in distinctly legible form, the name of the product, a statement of ingredients, if fabricated from two (2) or more ingredients, including a declaration as to artificial flavors, colors or preservatives, where the food additives are permitted by this part or regulations, the net weight or other appropriate measure of the contents, the name and address of the processor and the approved plant number of the official establishment in which the contents were processed.
(B) The name and address of the distributor may be used in lieu of the name and address of the processor if the approved plant number is used to identify the official establishment in which the article was prepared and packed.
(3) Each livestock carcass and each primal part of a livestock carcass and meat by-products as hearts and livers shall bear the official inspection mark and approved plant number of the establishment when it leaves the official establishment.
(4) The commissioner may by rules and regulations require additional marks or label information to appear on livestock or poultry carcasses or parts of livestock or poultry carcasses, meat food products or poultry products when they leave the official establishments or at the time of their transportation or sale in this state, and the commissioner may permit reasonable variations and grant exemptions from the marking and labeling requirements of this subsection (a) in any manner not in conflict with the purposes of this part.
(5) Marks and labels required under this subsection (a) shall be applied only by, or under the supervision of, an inspector.
(b) Properly marked and labeled meat food products, poultry food products and carcasses or parts of livestock and poultry shall be acceptable for intrastate movement, and the products shall be acceptable for both public and institutional purchase.
(c) (1) The use of any written, printed or graphic matter upon or accompanying any livestock or poultry carcass, or parts of livestock or poultry carcasses, meat food product, or poultry product inspected or required to be inspected pursuant to this part or the container of the livestock or poultry carcass, or parts of the livestock or poultry carcass, meat food products, or poultry products, that is false or misleading in any particular is prohibited. (2) No livestock or poultry carcasses or parts of livestock or poultry carcasses, meat food products, or poultry products inspected or required to be inspected pursuant to this part shall be sold or offered for sale by any person, firm or corporation under any false or deceptive name. Established trade names that are usual to the articles and that are not false or deceptive and that are approved by the commissioner are permitted. (3) (A) If the commissioner has reason to believe that any label in use or prepared for use is false or misleading in any particular, the commissioner may direct that the use of the label be withheld, unless it is modified in a manner the commissioner may prescribe so that it is not false or misleading. (B) If the person using or proposing to use the label does not accept the determination of the commissioner, the person may request a hearing, but the use of the label shall, if the commissioner so directs, be withheld pending hearing and final determination by the commissioner. (C) The determination by the commissioner shall be conclusive unless, within thirty (30) days after the receipt of notice of the final determination, the person adversely affected by the determination appeals the decision of the commissioner to the circuit court pursuant to the provisions for appeals provided in § 53-7-217 .
(1) The use of any written, printed or graphic matter upon or accompanying any livestock or poultry carcass, or parts of livestock or poultry carcasses, meat food product, or poultry product inspected or required to be inspected pursuant to this part or the container of the livestock or poultry carcass, or parts of the livestock or poultry carcass, meat food products, or poultry products, that is false or misleading in any particular is prohibited.
(2) No livestock or poultry carcasses or parts of livestock or poultry carcasses, meat food products, or poultry products inspected or required to be inspected pursuant to this part shall be sold or offered for sale by any person, firm or corporation under any false or deceptive name. Established trade names that are usual to the articles and that are not false or deceptive and that are approved by the commissioner are permitted.
(3) (A) If the commissioner has reason to believe that any label in use or prepared for use is false or misleading in any particular, the commissioner may direct that the use of the label be withheld, unless it is modified in a manner the commissioner may prescribe so that it is not false or misleading. (B) If the person using or proposing to use the label does not accept the determination of the commissioner, the person may request a hearing, but the use of the label shall, if the commissioner so directs, be withheld pending hearing and final determination by the commissioner. (C) The determination by the commissioner shall be conclusive unless, within thirty (30) days after the receipt of notice of the final determination, the person adversely affected by the determination appeals the decision of the commissioner to the circuit court pursuant to the provisions for appeals provided in § 53-7-217 .
(A) If the commissioner has reason to believe that any label in use or prepared for use is false or misleading in any particular, the commissioner may direct that the use of the label be withheld, unless it is modified in a manner the commissioner may prescribe so that it is not false or misleading.
(B) If the person using or proposing to use the label does not accept the determination of the commissioner, the person may request a hearing, but the use of the label shall, if the commissioner so directs, be withheld pending hearing and final determination by the commissioner.
(C) The determination by the commissioner shall be conclusive unless, within thirty (30) days after the receipt of notice of the final determination, the person adversely affected by the determination appeals the decision of the commissioner to the circuit court pursuant to the provisions for appeals provided in § 53-7-217 .
Acts 1967, ch. 99, § 5; T.C.A., § 52-919.
Tenn. Code Ann. § 53-11-408 — TN Code / Title 53 / Chapter 11 / Section 53-11-408
Bureau of investigation - Powers and duties
Status: in_force

(a) The Tennessee bureau of investigation shall cooperate with federal and other state agencies in discharging its responsibilities concerning traffic in controlled substances and controlled substance analogues and in suppressing the abuse of controlled substances and controlled substance analogues. To this end, it may: (1) Arrange for the exchange of information among governmental officials concerning the use and abuse of controlled substances and controlled substance analogues; (2) Coordinate and cooperate in training programs concerning controlled substance and controlled substance analogue law enforcement at local and state levels; (3) Cooperate with the United States drug enforcement administration by establishing a centralized unit to accept, catalogue, file and collect statistics, including records of drug dependent persons and other controlled substance and controlled substance analogue law offenders within the state, and make the information available for federal, state and local law enforcement purposes. It shall not furnish the name or identity of a patient or research subject whose identity could not be obtained under subsection (c); and (4) Conduct programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled substances and controlled substance analogues may be extracted. (b) Results, information and evidence received from the United States drug enforcement administration relating to the regulatory functions of part 3 of this chapter and this part, or title 39, chapter 17, part 4, including results of inspections conducted by it, may be relied and acted upon by the Tennessee bureau of investigation in the exercise of its regulatory functions under part 3 of this chapter and this part, or title 39, chapter 17, part 4. (c) A practitioner engaged in medical practice or research is not required or compelled to furnish the name or identity of a patient or research subject to the Tennessee bureau of investigation, nor may the practitioner be compelled in any state or local civil, criminal, administrative, legislative or other proceedings to furnish the name or identity of an individual that the practitioner is obligated to keep confidential, except the commissioner of mental health and substance abuse services may require the disclosure of information to the department of mental health and substance abuse services concerning individuals being treated with controlled substances that is necessary to ensure compliance by a practitioner and the practitioner's patient or research subject with state or federal laws and regulations governing the use of controlled substances. Acts 1971, ch. 163, § 35; 1973, ch. 295, § 22; impl. am. Acts 1975, ch. 248, § 2; 1980, ch. 636, § 11; T.C.A., § 52-1442; Acts 1996, ch. 675, § 63; 2000, ch. 947, § 6; 2010, ch. 1100, § 86; 2012, ch. 575, §§ 1, 2; 2012, ch. 848, § 46.
(a) The Tennessee bureau of investigation shall cooperate with federal and other state agencies in discharging its responsibilities concerning traffic in controlled substances and controlled substance analogues and in suppressing the abuse of controlled substances and controlled substance analogues. To this end, it may: (1) Arrange for the exchange of information among governmental officials concerning the use and abuse of controlled substances and controlled substance analogues; (2) Coordinate and cooperate in training programs concerning controlled substance and controlled substance analogue law enforcement at local and state levels; (3) Cooperate with the United States drug enforcement administration by establishing a centralized unit to accept, catalogue, file and collect statistics, including records of drug dependent persons and other controlled substance and controlled substance analogue law offenders within the state, and make the information available for federal, state and local law enforcement purposes. It shall not furnish the name or identity of a patient or research subject whose identity could not be obtained under subsection (c); and (4) Conduct programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled substances and controlled substance analogues may be extracted.
(1) Arrange for the exchange of information among governmental officials concerning the use and abuse of controlled substances and controlled substance analogues;
(2) Coordinate and cooperate in training programs concerning controlled substance and controlled substance analogue law enforcement at local and state levels;
(3) Cooperate with the United States drug enforcement administration by establishing a centralized unit to accept, catalogue, file and collect statistics, including records of drug dependent persons and other controlled substance and controlled substance analogue law offenders within the state, and make the information available for federal, state and local law enforcement purposes. It shall not furnish the name or identity of a patient or research subject whose identity could not be obtained under subsection (c); and
(4) Conduct programs of eradication aimed at destroying wild or illicit growth of plant species from which controlled substances and controlled substance analogues may be extracted.
(b) Results, information and evidence received from the United States drug enforcement administration relating to the regulatory functions of part 3 of this chapter and this part, or title 39, chapter 17, part 4, including results of inspections conducted by it, may be relied and acted upon by the Tennessee bureau of investigation in the exercise of its regulatory functions under part 3 of this chapter and this part, or title 39, chapter 17, part 4.
(c) A practitioner engaged in medical practice or research is not required or compelled to furnish the name or identity of a patient or research subject to the Tennessee bureau of investigation, nor may the practitioner be compelled in any state or local civil, criminal, administrative, legislative or other proceedings to furnish the name or identity of an individual that the practitioner is obligated to keep confidential, except the commissioner of mental health and substance abuse services may require the disclosure of information to the department of mental health and substance abuse services concerning individuals being treated with controlled substances that is necessary to ensure compliance by a practitioner and the practitioner's patient or research subject with state or federal laws and regulations governing the use of controlled substances.
Acts 1971, ch. 163, § 35; 1973, ch. 295, § 22; impl. am. Acts 1975, ch. 248, § 2; 1980, ch. 636, § 11; T.C.A., § 52-1442; Acts 1996, ch. 675, § 63; 2000, ch. 947, § 6; 2010, ch. 1100, § 86; 2012, ch. 575, §§ 1, 2; 2012, ch. 848, § 46.
Tenn. Code Ann. § 53-1-107 — TN Code / Title 53 / Chapter 1 / Section 53-1-107
Poisonous or deleterious substance - Regulations as to use
Status: in_force

(a) Any poisonous or deleterious substance, which shall include, but not be limited to, pesticide chemicals, food additives, color additives and radiation sources, added to any food pursuant to § 53-1-104 , to any drug or device pursuant to § 53-1-108 , or to any cosmetic pursuant to § 53-1-111 , shall be deemed unsafe for the purposes of application of §§ 53-1-104(1)(B) , 53-1-108(1) and 53-1-111(1) , except where the substance: (1) Is required in the production of the food; (2) Cannot be avoided by good manufacturing practice; or (3) Has been shown by competent scientific evidence, acceptable to the commissioner, to be useful in the interest of the health of the consumer. (b) (1) (A) When the substance is required, cannot be avoided or has been shown to be in the interest of the health of the consumer, as provided in subsection (a), the commissioner may promulgate regulations limiting the quantity in or on the foods, drugs, devices or cosmetics to the extent that the commissioner finds necessary for the protection of public health, and any quantity exceeding the limits so fixed shall be deemed unsafe for the purposes of application of §§ 53-1-104(1)(B) , 53-1-108(1) and 53-1-111(1) . (B) The commissioner may adopt without hearing any regulations identical with regulations limiting the quantity of any substance in or on foods, drugs, devices or cosmetics adopted under authority of the federal act. (2) In determining the quantity of the added substance to be tolerated in or on different articles of foods, drugs, devices or cosmetics, the commissioner shall take into account the extent to which the use of the substance is required or cannot be avoided in the production or manufacture of the article and the other ways in which the health and economic interests of the consumer may be affected by the same or other poisonous or deleterious substances. Acts 1941, ch. 120, § 14; C. Supp. 1950, § 6580.14; Acts 1961, ch. 55, § 3; T.C.A. (orig. ed.), § 52-114.
(a) Any poisonous or deleterious substance, which shall include, but not be limited to, pesticide chemicals, food additives, color additives and radiation sources, added to any food pursuant to § 53-1-104 , to any drug or device pursuant to § 53-1-108 , or to any cosmetic pursuant to § 53-1-111 , shall be deemed unsafe for the purposes of application of §§ 53-1-104(1)(B) , 53-1-108(1) and 53-1-111(1) , except where the substance: (1) Is required in the production of the food; (2) Cannot be avoided by good manufacturing practice; or (3) Has been shown by competent scientific evidence, acceptable to the commissioner, to be useful in the interest of the health of the consumer.
(1) Is required in the production of the food;
(2) Cannot be avoided by good manufacturing practice; or
(3) Has been shown by competent scientific evidence, acceptable to the commissioner, to be useful in the interest of the health of the consumer.
(b) (1) (A) When the substance is required, cannot be avoided or has been shown to be in the interest of the health of the consumer, as provided in subsection (a), the commissioner may promulgate regulations limiting the quantity in or on the foods, drugs, devices or cosmetics to the extent that the commissioner finds necessary for the protection of public health, and any quantity exceeding the limits so fixed shall be deemed unsafe for the purposes of application of §§ 53-1-104(1)(B) , 53-1-108(1) and 53-1-111(1) . (B) The commissioner may adopt without hearing any regulations identical with regulations limiting the quantity of any substance in or on foods, drugs, devices or cosmetics adopted under authority of the federal act. (2) In determining the quantity of the added substance to be tolerated in or on different articles of foods, drugs, devices or cosmetics, the commissioner shall take into account the extent to which the use of the substance is required or cannot be avoided in the production or manufacture of the article and the other ways in which the health and economic interests of the consumer may be affected by the same or other poisonous or deleterious substances.
(1) (A) When the substance is required, cannot be avoided or has been shown to be in the interest of the health of the consumer, as provided in subsection (a), the commissioner may promulgate regulations limiting the quantity in or on the foods, drugs, devices or cosmetics to the extent that the commissioner finds necessary for the protection of public health, and any quantity exceeding the limits so fixed shall be deemed unsafe for the purposes of application of §§ 53-1-104(1)(B) , 53-1-108(1) and 53-1-111(1) . (B) The commissioner may adopt without hearing any regulations identical with regulations limiting the quantity of any substance in or on foods, drugs, devices or cosmetics adopted under authority of the federal act.
(A) When the substance is required, cannot be avoided or has been shown to be in the interest of the health of the consumer, as provided in subsection (a), the commissioner may promulgate regulations limiting the quantity in or on the foods, drugs, devices or cosmetics to the extent that the commissioner finds necessary for the protection of public health, and any quantity exceeding the limits so fixed shall be deemed unsafe for the purposes of application of §§ 53-1-104(1)(B) , 53-1-108(1) and 53-1-111(1) .
(B) The commissioner may adopt without hearing any regulations identical with regulations limiting the quantity of any substance in or on foods, drugs, devices or cosmetics adopted under authority of the federal act.
(2) In determining the quantity of the added substance to be tolerated in or on different articles of foods, drugs, devices or cosmetics, the commissioner shall take into account the extent to which the use of the substance is required or cannot be avoided in the production or manufacture of the article and the other ways in which the health and economic interests of the consumer may be affected by the same or other poisonous or deleterious substances.
Acts 1941, ch. 120, § 14; C. Supp. 1950, § 6580.14; Acts 1961, ch. 55, § 3; T.C.A. (orig. ed.), § 52-114.
Tenn. Code Ann. § 53-3-120 — TN Code / Title 53 / Chapter 3 / Section 53-3-120
"Local Tennessee Milk"
Status: in_force

Any milk sold in this state may be labeled as "Local Tennessee Milk", or a statement that indicates the milk is Tennessee milk, if the milk contains only milk produced in this state. Acts 2018, ch. 774, § 1.
Any milk sold in this state may be labeled as "Local Tennessee Milk", or a statement that indicates the milk is Tennessee milk, if the milk contains only milk produced in this state.
Acts 2018, ch. 774, § 1.
Tenn. Code Ann. § 53-11-452 — TN Code / Title 53 / Chapter 11 / Section 53-11-452
Real property subject to forfeiture due to illegal drug-related activities - Procedure
Status: in_force

(a) (1) The following real property shall be subject to forfeiture to the state and no property right shall exist in the property: (A) All real property, including any right, title and interest in the whole of or any part of any lot or tract of land and any appurtenances or improvements that is used in any manner or part either to commit a violation of § 39-17-417(i) or (j) , or in the commission of three (3) or more acts occurring on three (3) or more separate days within a sixty-day period, and each act results in a felony conviction under title 39, chapter 17, part 4; and (B) Any real property, including any right, title and interest in the whole of or any part of any lot or tract of land and any appurtenances or improvements that is acquired with the proceeds of a violation of title 39, chapter 17, part 4, constituting a felony, shall be subject to forfeiture and no property right shall exist in the property. (2) No interest in real property shall be forfeited under this section, unless the holder is convicted of a crime or crimes described in subdivision (a)(1)(A) or (a)(1)(B), subject to subsection (d). (b) Upon the entry of an order of forfeiture in favor of the state, the title of the state to the forfeited property shall relate back to the date of filing of the notice of lis pendens in the office of the register of deeds of the county in which the property or the beneficial interest is located. (c) (1) When a lis pendens is filed concerning property pursuant to this section, a forfeiture proceeding shall be instituted within sixty (60) days in the circuit or chancery court of the county where the property is located. (2) The complaint shall state a deed description of the property to be forfeited and the reasons for forfeiture under this section. (3) The complaint shall also name as defendants all persons having an interest in the property as reflected in public records. (4) The rules of civil procedure shall apply to proceedings under this section, and any named defendant may demand a jury trial in the appropriate circuit or chancery court. (d) (1) (A) The district attorney general for the judicial district in which the real property lies or the attorney general and reporter shall institute all civil proceedings under this section. (B) The district attorney general or the attorney general and reporter shall, prior to the filing or concurrent to the filing of a civil forfeiture suit, file a lis pendens in the county where the real property is located to assert an interest of record on behalf of the state in the real property subject to this section. (C) The failure of the district attorney general or attorney general and reporter to file a lien lis pendens shall not raise any defense on the part of any party named in the civil suit. (D) In any action brought under this section, the circuit or chancery court shall proceed as soon as practicable to the hearing and determination. (E) The state shall have the burden of proving beyond a reasonable doubt that the property was used in a manner making it subject to forfeiture or was acquired with proceeds that make it subject to forfeiture under this section. Failure to carry the burden of proof shall operate as a bar to any forfeiture under this section. (2) (A) In order to obtain a forfeiture of a holder's interest in real property, the state must establish: (i) The prior conviction or convictions of the holder; or (ii) If an entity other than a natural person, the conviction or convictions of the holder's officer, employee or agent. (B) If the holder's officer, employee or agent, but not the holder, has been convicted, then the state shall also have the burden to establish beyond a reasonable doubt the additional requirements in subdivision (d)(3), for forfeiture of the holder's interest. (3) The interest of a holder, if an entity other than a natural person, shall be subject to forfeiture if any of the following have been convicted: (A) The holder of the interest; or (B) The holder's officer, employee or agent, if: (i) The conviction is based on acts by the person in the course of and within the scope of the person's employment; and (ii) The holder knew, or had reason to know from information in the holder's possession, other than through its convicted officer, employee or agent, of the criminal nature of the acts. (e) (1) (A) The filing of an indictment, presentment or information alleging a violation of title 39, chapter 17, part 4 that is also related to a civil forfeiture proceeding under this section, shall stay the civil forfeiture proceeding. (B) The stay shall cease upon the termination of the trial of any criminal proceedings related to the forfeiture sought under this section. (C) Upon motion of the state and for good cause shown, the district attorney general or the attorney general and reporter may obtain an order that removes the stay from the court in which the forfeiture proceeding is pending. (2) Subject to the limitations of subsection (g), nothing in this section shall limit or restrict the right of a secured party possessing an interest in the property that was of record, prior to the filing of the notice of lien lis pendens, to enforce its deed of trust or to take any other action permitted under its deed of trust. (3) (A) If a notice of lien lis pendens has been filed prior to the filing of a civil action, the secured party shall give the district attorney general or attorney general and reporter who filed the lis pendens notice of any action taken under the mortgage or deed of trust. The secured party may not exercise its right to foreclose its deed of trust on the property, unless it gives the district attorney general or attorney general and reporter written notice at least twenty (20) days prior to the date of a foreclosure sale and indicates the time, date and place of sale and the balance owing on the debt. Upon receipt of the notice of foreclosure, the district attorney general or attorney general and reporter may apply to the circuit or chancery court to enjoin the foreclosure sale. (B) Upon completion of a foreclosure sale, the secured party or the secured party's trustee shall notify the district attorney general or attorney general and reporter in writing of the distribution of the proceeds of the sale. The secured party shall hold any proceeds in excess of the debt and fees and expenses secured by its deed of trust of the sale for a period of twenty (20) days. The district attorney general or attorney general and reporter may apply to the circuit or chancery court for an order directing the secured party to pay the overage proceeds into the court, subject to a civil action based on the notice of lien lis pendens. (4) Notwithstanding a stay in the civil proceeding, or during pendency of the case, a secured party or the secured party's trustee may apply to the court to foreclose its mortgage or deed of trust on the property. (f) In the event that a district attorney general or the attorney general and reporter has probable cause to believe that any individual having a right to enter the property is engaged in any act that will result in diminution of the value of the property to the state, then the district attorney general or the attorney general and reporter may obtain an injunction from the court in which the forfeiture proceeding is pending, enjoining any action diminishing the value of the property. (g) (1) Whenever property is forfeited under this section, the court may require 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, constable, or clerk of the court or special master to sell the property at a public auction, subject to an order of the court. Whenever property is forfeited under this section, the court may also, if appropriate, require that the department of general services take custody of the property and dispose of it at a public auction, subject to an order of the court. (2) The court, in lieu of a sale as provided in subdivision (g)(1), may order that the property be sold by any person having an interest in the real property whose interest has not been forfeited. The proceeds of the sale shall be subject to an order of the court. (3) (A) If the court orders a property interest in property owned as tenants in common forfeited under this section to be sold, whether by a public official as provided in subdivision (g)(1) or by a person having an interest in the property as in subdivision (g)(2), the innocent spouse of a person whose property interest has been forfeited shall have the same right to the property interest as granted an innocent spouse in subdivision (g)(4) or (g)(5). If there is no spouse or if the spouse does not elect to pursue the rights provided in subdivision (g)(4) or (g)(5), then any other person or persons whose interest in the property has not been forfeited shall have the first right to purchase the forfeited interest for its fair market value prior to the court ordered sale. In order to exercise the first right to purchase, the person or persons must petition the appropriate circuit or chancery court at least fifteen (15) days prior to the date the court ordered sale is to be conducted. If the person or persons do not purchase the forfeited property, the sale shall be conducted as provided by law. (B) For the purposes of subdivision (g)(3)(A), "fair market value" is determined by taking an average of three (3) appraisals conducted by separate and qualified real estate appraisers selected by the court. Before the purchase, the court shall approve the average of the appraisals for fair market value as reasonable. (4) (A) Notwithstanding subdivision (g)(3) to the contrary, if a court orders property forfeited under this section pursuant to subdivision (g)(1) or (g)(2) and the property is held through tenancy by the entirety and one (1) spouse's interest is not forfeited, then the spouse shall have the first right to purchase the forfeited expectancy interest in the property. (B) A spouse purchasing the forfeited property interest in the manner described in subdivision (g)(4)(A) shall take the property subject to all bona fide liens on the property. In order to exercise the right of purchase, the spouse shall petition the court in which the forfeiture proceeding is pending for the purchase at least fifteen (15) days prior to the court ordered sale. (C) If the spouse does not purchase the forfeited expectancy interest, the spouse shall retain the spouse's interest subject to all bona fide liens, and the forfeited expectancy interest shall be sold and the proceeds applied in the following manner: (i) Reasonable expenses of the proceedings for forfeiture and sale, including, but not limited to, expenses, seizure, maintenance of custody, advertising and court costs; and (ii) The remaining proceeds shall be distributed as provided in subdivision (h)(2). (D) If a party possessing a security interest in property being held by an innocent spouse institutes proceedings pursuant to its deed of trust, or otherwise, that results in the foreclosure and sale of the property, the innocent spouse shall be entitled to receive from the first proceeds of the sale an amount equal to an elective share as provided in § 31-4-101 , subject to bona fide outstanding liens not satisfied by the remainder of the proceeds. (E) If the innocent spouse predeceases the other spouse, if there are children of the innocent and guilty spouse, at least one (1) of whom is eighteen (18) years of age or younger on the date of the sale, and if the entity holding the right of expectancy is the state, then upon the sale of the property, one-third (1/3) of the proceeds from the sale shall be allocated and divided equally among all the children, subject to all outstanding bona fide liens not satisfied by the remainder of the proceeds. (5) (A) Notwithstanding subdivision (g)(3) to the contrary, if the property subject to forfeiture under this section is property titled solely in the name of a guilty spouse or titled in the name of the guilty spouse as tenants in common with any other person or persons, the innocent spouse may petition the court, at least thirty (30) days prior to the court ordered forfeiture sale, to have the court vest the ownership of the property in the couple as tenants by the entirety, and the innocent spouse shall have the same rights as provided in subdivision (g)(4). If the petition is timely filed, it shall be granted. (B) The filing of the petition shall act as a stay of any court ordered sale of the property and the stay shall remain in effect until disposition is made of the petition. (C) If the innocent spouse does not petition the court to vest the property ownership in the couple as tenants by the entirety, then the property shall be forfeited and disposed of as provided by this section. (6) Notwithstanding any other provision of this section to the contrary, the proceeds derived from the sale of property forfeited because it was acquired with the proceeds of a violation of title 39, chapter 17, part 4 shall be distributed solely as provided in subsection (h). (h) (1) The proceeds from any sale under subsection (g) shall be applied first to all reasonable expenses of the proceedings for forfeiture and sale, including, but not limited to, expenses, seizure, maintenance of custody, advertising, and court costs, and second to the satisfaction of all bona fide liens on the property. These liens and expenses shall be paid out of the proceeds before any allocation of proceeds required by subdivision (h)(2). (2) (A) Any proceeds received by any state agency pursuant to this section shall be allocated as follows: (i) Fifty percent (50%) of all proceeds resulting from actions of any state agency or awarded the agency in a division of funds shall be paid to the state treasurer to be used only for agency purposes as appropriated by the general assembly; (ii) Forty percent (40%) of all proceeds resulting from actions of any state agency or awarded the agency in a division of funds shall be paid to the state treasurer to be used only for the purpose of providing additional funds for the operation, maintenance and construction of prisons under the control of the department of correction as appropriated by the general assembly; and (iii) Ten percent (10%) of the proceeds shall be paid to the special drug case investigation fund created in subsection (j). (B) (i) Any proceeds received or produced as a result of the activities of a law enforcement agency of a local government shall be paid into the treasury of the respective local government. These proceeds may be appropriated by the local governmental body for any public purpose allowed by law. For purposes of this section, "local government" means a city, county or county with a metropolitan form of government. Any purchase made with these proceeds shall be made in accordance with all purchasing laws applicable to the particular local government. (ii) Subdivision (h)(2)(B)(i) regarding any purchase made with the proceeds being in accordance with purchasing laws does not apply in any county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census. (i) If more than one (1) law enforcement agency or department is involved in a seizure, then the court may divide the proceeds of property seized under this section among the agencies or departments involved in the seizure. (j) (1) There is created a special fund in the state treasury to be known as the special drug case investigation fund. Ten percent (10%) of all proceeds from any sale under this section shall be ordered paid into this fund by the court. (2) This fund shall finance investigations of complex drug offense cases by the Tennessee bureau of investigation and the attorney general and reporter involving civil forfeitures pursuant to title 39, chapter 12, part 2, or this section. (3) This fund shall not revert to the general fund on any June 30, but shall remain available for expenditure for its intended purposes. (k) (1) The attorney general and reporter is authorized to call on the assistance of the Tennessee bureau of investigation in the civil investigation of complex drug cases involving civil forfeiture proceedings brought by the bureau and the attorney general and reporter pursuant to title 39, chapter 12, part 2, or this section. (2) The Tennessee bureau of investigation is authorized to provide assistance to the attorney general and reporter as required for the civil investigation of complex drug cases involving civil forfeiture proceedings brought by the bureau and the attorney general and reporter pursuant to title 39, chapter 12, part 2, or this section. Acts 1990, ch. 774, § 1; 1997 , ch. 56, §§ 6, 7; 2007 , ch. 106, § 10; 2010 , ch. 1040, § 9.
(a) (1) The following real property shall be subject to forfeiture to the state and no property right shall exist in the property: (A) All real property, including any right, title and interest in the whole of or any part of any lot or tract of land and any appurtenances or improvements that is used in any manner or part either to commit a violation of § 39-17-417(i) or (j) , or in the commission of three (3) or more acts occurring on three (3) or more separate days within a sixty-day period, and each act results in a felony conviction under title 39, chapter 17, part 4; and (B) Any real property, including any right, title and interest in the whole of or any part of any lot or tract of land and any appurtenances or improvements that is acquired with the proceeds of a violation of title 39, chapter 17, part 4, constituting a felony, shall be subject to forfeiture and no property right shall exist in the property. (2) No interest in real property shall be forfeited under this section, unless the holder is convicted of a crime or crimes described in subdivision (a)(1)(A) or (a)(1)(B), subject to subsection (d).
(1) The following real property shall be subject to forfeiture to the state and no property right shall exist in the property: (A) All real property, including any right, title and interest in the whole of or any part of any lot or tract of land and any appurtenances or improvements that is used in any manner or part either to commit a violation of § 39-17-417(i) or (j) , or in the commission of three (3) or more acts occurring on three (3) or more separate days within a sixty-day period, and each act results in a felony conviction under title 39, chapter 17, part 4; and (B) Any real property, including any right, title and interest in the whole of or any part of any lot or tract of land and any appurtenances or improvements that is acquired with the proceeds of a violation of title 39, chapter 17, part 4, constituting a felony, shall be subject to forfeiture and no property right shall exist in the property.
(A) All real property, including any right, title and interest in the whole of or any part of any lot or tract of land and any appurtenances or improvements that is used in any manner or part either to commit a violation of § 39-17-417(i) or (j) , or in the commission of three (3) or more acts occurring on three (3) or more separate days within a sixty-day period, and each act results in a felony conviction under title 39, chapter 17, part 4; and
(B) Any real property, including any right, title and interest in the whole of or any part of any lot or tract of land and any appurtenances or improvements that is acquired with the proceeds of a violation of title 39, chapter 17, part 4, constituting a felony, shall be subject to forfeiture and no property right shall exist in the property.
(2) No interest in real property shall be forfeited under this section, unless the holder is convicted of a crime or crimes described in subdivision (a)(1)(A) or (a)(1)(B), subject to subsection (d).
(b) Upon the entry of an order of forfeiture in favor of the state, the title of the state to the forfeited property shall relate back to the date of filing of the notice of lis pendens in the office of the register of deeds of the county in which the property or the beneficial interest is located.
(c) (1) When a lis pendens is filed concerning property pursuant to this section, a forfeiture proceeding shall be instituted within sixty (60) days in the circuit or chancery court of the county where the property is located. (2) The complaint shall state a deed description of the property to be forfeited and the reasons for forfeiture under this section. (3) The complaint shall also name as defendants all persons having an interest in the property as reflected in public records. (4) The rules of civil procedure shall apply to proceedings under this section, and any named defendant may demand a jury trial in the appropriate circuit or chancery court.
(1) When a lis pendens is filed concerning property pursuant to this section, a forfeiture proceeding shall be instituted within sixty (60) days in the circuit or chancery court of the county where the property is located.
(2) The complaint shall state a deed description of the property to be forfeited and the reasons for forfeiture under this section.
(3) The complaint shall also name as defendants all persons having an interest in the property as reflected in public records.
(4) The rules of civil procedure shall apply to proceedings under this section, and any named defendant may demand a jury trial in the appropriate circuit or chancery court.
(d) (1) (A) The district attorney general for the judicial district in which the real property lies or the attorney general and reporter shall institute all civil proceedings under this section. (B) The district attorney general or the attorney general and reporter shall, prior to the filing or concurrent to the filing of a civil forfeiture suit, file a lis pendens in the county where the real property is located to assert an interest of record on behalf of the state in the real property subject to this section. (C) The failure of the district attorney general or attorney general and reporter to file a lien lis pendens shall not raise any defense on the part of any party named in the civil suit. (D) In any action brought under this section, the circuit or chancery court shall proceed as soon as practicable to the hearing and determination. (E) The state shall have the burden of proving beyond a reasonable doubt that the property was used in a manner making it subject to forfeiture or was acquired with proceeds that make it subject to forfeiture under this section. Failure to carry the burden of proof shall operate as a bar to any forfeiture under this section. (2) (A) In order to obtain a forfeiture of a holder's interest in real property, the state must establish: (i) The prior conviction or convictions of the holder; or (ii) If an entity other than a natural person, the conviction or convictions of the holder's officer, employee or agent. (B) If the holder's officer, employee or agent, but not the holder, has been convicted, then the state shall also have the burden to establish beyond a reasonable doubt the additional requirements in subdivision (d)(3), for forfeiture of the holder's interest. (3) The interest of a holder, if an entity other than a natural person, shall be subject to forfeiture if any of the following have been convicted: (A) The holder of the interest; or (B) The holder's officer, employee or agent, if: (i) The conviction is based on acts by the person in the course of and within the scope of the person's employment; and (ii) The holder knew, or had reason to know from information in the holder's possession, other than through its convicted officer, employee or agent, of the criminal nature of the acts.
(1) (A) The district attorney general for the judicial district in which the real property lies or the attorney general and reporter shall institute all civil proceedings under this section. (B) The district attorney general or the attorney general and reporter shall, prior to the filing or concurrent to the filing of a civil forfeiture suit, file a lis pendens in the county where the real property is located to assert an interest of record on behalf of the state in the real property subject to this section. (C) The failure of the district attorney general or attorney general and reporter to file a lien lis pendens shall not raise any defense on the part of any party named in the civil suit. (D) In any action brought under this section, the circuit or chancery court shall proceed as soon as practicable to the hearing and determination. (E) The state shall have the burden of proving beyond a reasonable doubt that the property was used in a manner making it subject to forfeiture or was acquired with proceeds that make it subject to forfeiture under this section. Failure to carry the burden of proof shall operate as a bar to any forfeiture under this section.
(A) The district attorney general for the judicial district in which the real property lies or the attorney general and reporter shall institute all civil proceedings under this section.
(B) The district attorney general or the attorney general and reporter shall, prior to the filing or concurrent to the filing of a civil forfeiture suit, file a lis pendens in the county where the real property is located to assert an interest of record on behalf of the state in the real property subject to this section.
(C) The failure of the district attorney general or attorney general and reporter to file a lien lis pendens shall not raise any defense on the part of any party named in the civil suit.
(D) In any action brought under this section, the circuit or chancery court shall proceed as soon as practicable to the hearing and determination.
(E) The state shall have the burden of proving beyond a reasonable doubt that the property was used in a manner making it subject to forfeiture or was acquired with proceeds that make it subject to forfeiture under this section. Failure to carry the burden of proof shall operate as a bar to any forfeiture under this section.
(2) (A) In order to obtain a forfeiture of a holder's interest in real property, the state must establish: (i) The prior conviction or convictions of the holder; or (ii) If an entity other than a natural person, the conviction or convictions of the holder's officer, employee or agent. (B) If the holder's officer, employee or agent, but not the holder, has been convicted, then the state shall also have the burden to establish beyond a reasonable doubt the additional requirements in subdivision (d)(3), for forfeiture of the holder's interest.
(A) In order to obtain a forfeiture of a holder's interest in real property, the state must establish: (i) The prior conviction or convictions of the holder; or (ii) If an entity other than a natural person, the conviction or convictions of the holder's officer, employee or agent.
(i) The prior conviction or convictions of the holder; or
(ii) If an entity other than a natural person, the conviction or convictions of the holder's officer, employee or agent.
(B) If the holder's officer, employee or agent, but not the holder, has been convicted, then the state shall also have the burden to establish beyond a reasonable doubt the additional requirements in subdivision (d)(3), for forfeiture of the holder's interest.
(3) The interest of a holder, if an entity other than a natural person, shall be subject to forfeiture if any of the following have been convicted: (A) The holder of the interest; or (B) The holder's officer, employee or agent, if: (i) The conviction is based on acts by the person in the course of and within the scope of the person's employment; and (ii) The holder knew, or had reason to know from information in the holder's possession, other than through its convicted officer, employee or agent, of the criminal nature of the acts.
(A) The holder of the interest; or
(B) The holder's officer, employee or agent, if: (i) The conviction is based on acts by the person in the course of and within the scope of the person's employment; and (ii) The holder knew, or had reason to know from information in the holder's possession, other than through its convicted officer, employee or agent, of the criminal nature of the acts.
(i) The conviction is based on acts by the person in the course of and within the scope of the person's employment; and
(ii) The holder knew, or had reason to know from information in the holder's possession, other than through its convicted officer, employee or agent, of the criminal nature of the acts.
(e) (1) (A) The filing of an indictment, presentment or information alleging a violation of title 39, chapter 17, part 4 that is also related to a civil forfeiture proceeding under this section, shall stay the civil forfeiture proceeding. (B) The stay shall cease upon the termination of the trial of any criminal proceedings related to the forfeiture sought under this section. (C) Upon motion of the state and for good cause shown, the district attorney general or the attorney general and reporter may obtain an order that removes the stay from the court in which the forfeiture proceeding is pending. (2) Subject to the limitations of subsection (g), nothing in this section shall limit or restrict the right of a secured party possessing an interest in the property that was of record, prior to the filing of the notice of lien lis pendens, to enforce its deed of trust or to take any other action permitted under its deed of trust. (3) (A) If a notice of lien lis pendens has been filed prior to the filing of a civil action, the secured party shall give the district attorney general or attorney general and reporter who filed the lis pendens notice of any action taken under the mortgage or deed of trust. The secured party may not exercise its right to foreclose its deed of trust on the property, unless it gives the district attorney general or attorney general and reporter written notice at least twenty (20) days prior to the date of a foreclosure sale and indicates the time, date and place of sale and the balance owing on the debt. Upon receipt of the notice of foreclosure, the district attorney general or attorney general and reporter may apply to the circuit or chancery court to enjoin the foreclosure sale. (B) Upon completion of a foreclosure sale, the secured party or the secured party's trustee shall notify the district attorney general or attorney general and reporter in writing of the distribution of the proceeds of the sale. The secured party shall hold any proceeds in excess of the debt and fees and expenses secured by its deed of trust of the sale for a period of twenty (20) days. The district attorney general or attorney general and reporter may apply to the circuit or chancery court for an order directing the secured party to pay the overage proceeds into the court, subject to a civil action based on the notice of lien lis pendens. (4) Notwithstanding a stay in the civil proceeding, or during pendency of the case, a secured party or the secured party's trustee may apply to the court to foreclose its mortgage or deed of trust on the property.
(1) (A) The filing of an indictment, presentment or information alleging a violation of title 39, chapter 17, part 4 that is also related to a civil forfeiture proceeding under this section, shall stay the civil forfeiture proceeding. (B) The stay shall cease upon the termination of the trial of any criminal proceedings related to the forfeiture sought under this section. (C) Upon motion of the state and for good cause shown, the district attorney general or the attorney general and reporter may obtain an order that removes the stay from the court in which the forfeiture proceeding is pending.
(A) The filing of an indictment, presentment or information alleging a violation of title 39, chapter 17, part 4 that is also related to a civil forfeiture proceeding under this section, shall stay the civil forfeiture proceeding.
(B) The stay shall cease upon the termination of the trial of any criminal proceedings related to the forfeiture sought under this section.
(C) Upon motion of the state and for good cause shown, the district attorney general or the attorney general and reporter may obtain an order that removes the stay from the court in which the forfeiture proceeding is pending.
(2) Subject to the limitations of subsection (g), nothing in this section shall limit or restrict the right of a secured party possessing an interest in the property that was of record, prior to the filing of the notice of lien lis pendens, to enforce its deed of trust or to take any other action permitted under its deed of trust.
(3) (A) If a notice of lien lis pendens has been filed prior to the filing of a civil action, the secured party shall give the district attorney general or attorney general and reporter who filed the lis pendens notice of any action taken under the mortgage or deed of trust. The secured party may not exercise its right to foreclose its deed of trust on the property, unless it gives the district attorney general or attorney general and reporter written notice at least twenty (20) days prior to the date of a foreclosure sale and indicates the time, date and place of sale and the balance owing on the debt. Upon receipt of the notice of foreclosure, the district attorney general or attorney general and reporter may apply to the circuit or chancery court to enjoin the foreclosure sale. (B) Upon completion of a foreclosure sale, the secured party or the secured party's trustee shall notify the district attorney general or attorney general and reporter in writing of the distribution of the proceeds of the sale. The secured party shall hold any proceeds in excess of the debt and fees and expenses secured by its deed of trust of the sale for a period of twenty (20) days. The district attorney general or attorney general and reporter may apply to the circuit or chancery court for an order directing the secured party to pay the overage proceeds into the court, subject to a civil action based on the notice of lien lis pendens.
(A) If a notice of lien lis pendens has been filed prior to the filing of a civil action, the secured party shall give the district attorney general or attorney general and reporter who filed the lis pendens notice of any action taken under the mortgage or deed of trust. The secured party may not exercise its right to foreclose its deed of trust on the property, unless it gives the district attorney general or attorney general and reporter written notice at least twenty (20) days prior to the date of a foreclosure sale and indicates the time, date and place of sale and the balance owing on the debt. Upon receipt of the notice of foreclosure, the district attorney general or attorney general and reporter may apply to the circuit or chancery court to enjoin the foreclosure sale.
(B) Upon completion of a foreclosure sale, the secured party or the secured party's trustee shall notify the district attorney general or attorney general and reporter in writing of the distribution of the proceeds of the sale. The secured party shall hold any proceeds in excess of the debt and fees and expenses secured by its deed of trust of the sale for a period of twenty (20) days. The district attorney general or attorney general and reporter may apply to the circuit or chancery court for an order directing the secured party to pay the overage proceeds into the court, subject to a civil action based on the notice of lien lis pendens.
(4) Notwithstanding a stay in the civil proceeding, or during pendency of the case, a secured party or the secured party's trustee may apply to the court to foreclose its mortgage or deed of trust on the property.
(f) In the event that a district attorney general or the attorney general and reporter has probable cause to believe that any individual having a right to enter the property is engaged in any act that will result in diminution of the value of the property to the state, then the district attorney general or the attorney general and reporter may obtain an injunction from the court in which the forfeiture proceeding is pending, enjoining any action diminishing the value of the property.
(g) (1) Whenever property is forfeited under this section, the court may require 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, constable, or clerk of the court or special master to sell the property at a public auction, subject to an order of the court. Whenever property is forfeited under this section, the court may also, if appropriate, require that the department of general services take custody of the property and dispose of it at a public auction, subject to an order of the court. (2) The court, in lieu of a sale as provided in subdivision (g)(1), may order that the property be sold by any person having an interest in the real property whose interest has not been forfeited. The proceeds of the sale shall be subject to an order of the court. (3) (A) If the court orders a property interest in property owned as tenants in common forfeited under this section to be sold, whether by a public official as provided in subdivision (g)(1) or by a person having an interest in the property as in subdivision (g)(2), the innocent spouse of a person whose property interest has been forfeited shall have the same right to the property interest as granted an innocent spouse in subdivision (g)(4) or (g)(5). If there is no spouse or if the spouse does not elect to pursue the rights provided in subdivision (g)(4) or (g)(5), then any other person or persons whose interest in the property has not been forfeited shall have the first right to purchase the forfeited interest for its fair market value prior to the court ordered sale. In order to exercise the first right to purchase, the person or persons must petition the appropriate circuit or chancery court at least fifteen (15) days prior to the date the court ordered sale is to be conducted. If the person or persons do not purchase the forfeited property, the sale shall be conducted as provided by law. (B) For the purposes of subdivision (g)(3)(A), "fair market value" is determined by taking an average of three (3) appraisals conducted by separate and qualified real estate appraisers selected by the court. Before the purchase, the court shall approve the average of the appraisals for fair market value as reasonable. (4) (A) Notwithstanding subdivision (g)(3) to the contrary, if a court orders property forfeited under this section pursuant to subdivision (g)(1) or (g)(2) and the property is held through tenancy by the entirety and one (1) spouse's interest is not forfeited, then the spouse shall have the first right to purchase the forfeited expectancy interest in the property. (B) A spouse purchasing the forfeited property interest in the manner described in subdivision (g)(4)(A) shall take the property subject to all bona fide liens on the property. In order to exercise the right of purchase, the spouse shall petition the court in which the forfeiture proceeding is pending for the purchase at least fifteen (15) days prior to the court ordered sale. (C) If the spouse does not purchase the forfeited expectancy interest, the spouse shall retain the spouse's interest subject to all bona fide liens, and the forfeited expectancy interest shall be sold and the proceeds applied in the following manner: (i) Reasonable expenses of the proceedings for forfeiture and sale, including, but not limited to, expenses, seizure, maintenance of custody, advertising and court costs; and (ii) The remaining proceeds shall be distributed as provided in subdivision (h)(2). (D) If a party possessing a security interest in property being held by an innocent spouse institutes proceedings pursuant to its deed of trust, or otherwise, that results in the foreclosure and sale of the property, the innocent spouse shall be entitled to receive from the first proceeds of the sale an amount equal to an elective share as provided in § 31-4-101 , subject to bona fide outstanding liens not satisfied by the remainder of the proceeds. (E) If the innocent spouse predeceases the other spouse, if there are children of the innocent and guilty spouse, at least one (1) of whom is eighteen (18) years of age or younger on the date of the sale, and if the entity holding the right of expectancy is the state, then upon the sale of the property, one-third (1/3) of the proceeds from the sale shall be allocated and divided equally among all the children, subject to all outstanding bona fide liens not satisfied by the remainder of the proceeds. (5) (A) Notwithstanding subdivision (g)(3) to the contrary, if the property subject to forfeiture under this section is property titled solely in the name of a guilty spouse or titled in the name of the guilty spouse as tenants in common with any other person or persons, the innocent spouse may petition the court, at least thirty (30) days prior to the court ordered forfeiture sale, to have the court vest the ownership of the property in the couple as tenants by the entirety, and the innocent spouse shall have the same rights as provided in subdivision (g)(4). If the petition is timely filed, it shall be granted. (B) The filing of the petition shall act as a stay of any court ordered sale of the property and the stay shall remain in effect until disposition is made of the petition. (C) If the innocent spouse does not petition the court to vest the property ownership in the couple as tenants by the entirety, then the property shall be forfeited and disposed of as provided by this section. (6) Notwithstanding any other provision of this section to the contrary, the proceeds derived from the sale of property forfeited because it was acquired with the proceeds of a violation of title 39, chapter 17, part 4 shall be distributed solely as provided in subsection (h).
(1) Whenever property is forfeited under this section, the court may require 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, constable, or clerk of the court or special master to sell the property at a public auction, subject to an order of the court. Whenever property is forfeited under this section, the court may also, if appropriate, require that the department of general services take custody of the property and dispose of it at a public auction, subject to an order of the court.
(2) The court, in lieu of a sale as provided in subdivision (g)(1), may order that the property be sold by any person having an interest in the real property whose interest has not been forfeited. The proceeds of the sale shall be subject to an order of the court.
(3) (A) If the court orders a property interest in property owned as tenants in common forfeited under this section to be sold, whether by a public official as provided in subdivision (g)(1) or by a person having an interest in the property as in subdivision (g)(2), the innocent spouse of a person whose property interest has been forfeited shall have the same right to the property interest as granted an innocent spouse in subdivision (g)(4) or (g)(5). If there is no spouse or if the spouse does not elect to pursue the rights provided in subdivision (g)(4) or (g)(5), then any other person or persons whose interest in the property has not been forfeited shall have the first right to purchase the forfeited interest for its fair market value prior to the court ordered sale. In order to exercise the first right to purchase, the person or persons must petition the appropriate circuit or chancery court at least fifteen (15) days prior to the date the court ordered sale is to be conducted. If the person or persons do not purchase the forfeited property, the sale shall be conducted as provided by law. (B) For the purposes of subdivision (g)(3)(A), "fair market value" is determined by taking an average of three (3) appraisals conducted by separate and qualified real estate appraisers selected by the court. Before the purchase, the court shall approve the average of the appraisals for fair market value as reasonable.
(A) If the court orders a property interest in property owned as tenants in common forfeited under this section to be sold, whether by a public official as provided in subdivision (g)(1) or by a person having an interest in the property as in subdivision (g)(2), the innocent spouse of a person whose property interest has been forfeited shall have the same right to the property interest as granted an innocent spouse in subdivision (g)(4) or (g)(5). If there is no spouse or if the spouse does not elect to pursue the rights provided in subdivision (g)(4) or (g)(5), then any other person or persons whose interest in the property has not been forfeited shall have the first right to purchase the forfeited interest for its fair market value prior to the court ordered sale. In order to exercise the first right to purchase, the person or persons must petition the appropriate circuit or chancery court at least fifteen (15) days prior to the date the court ordered sale is to be conducted. If the person or persons do not purchase the forfeited property, the sale shall be conducted as provided by law.
(B) For the purposes of subdivision (g)(3)(A), "fair market value" is determined by taking an average of three (3) appraisals conducted by separate and qualified real estate appraisers selected by the court. Before the purchase, the court shall approve the average of the appraisals for fair market value as reasonable.
(4) (A) Notwithstanding subdivision (g)(3) to the contrary, if a court orders property forfeited under this section pursuant to subdivision (g)(1) or (g)(2) and the property is held through tenancy by the entirety and one (1) spouse's interest is not forfeited, then the spouse shall have the first right to purchase the forfeited expectancy interest in the property. (B) A spouse purchasing the forfeited property interest in the manner described in subdivision (g)(4)(A) shall take the property subject to all bona fide liens on the property. In order to exercise the right of purchase, the spouse shall petition the court in which the forfeiture proceeding is pending for the purchase at least fifteen (15) days prior to the court ordered sale. (C) If the spouse does not purchase the forfeited expectancy interest, the spouse shall retain the spouse's interest subject to all bona fide liens, and the forfeited expectancy interest shall be sold and the proceeds applied in the following manner: (i) Reasonable expenses of the proceedings for forfeiture and sale, including, but not limited to, expenses, seizure, maintenance of custody, advertising and court costs; and (ii) The remaining proceeds shall be distributed as provided in subdivision (h)(2). (D) If a party possessing a security interest in property being held by an innocent spouse institutes proceedings pursuant to its deed of trust, or otherwise, that results in the foreclosure and sale of the property, the innocent spouse shall be entitled to receive from the first proceeds of the sale an amount equal to an elective share as provided in § 31-4-101 , subject to bona fide outstanding liens not satisfied by the remainder of the proceeds. (E) If the innocent spouse predeceases the other spouse, if there are children of the innocent and guilty spouse, at least one (1) of whom is eighteen (18) years of age or younger on the date of the sale, and if the entity holding the right of expectancy is the state, then upon the sale of the property, one-third (1/3) of the proceeds from the sale shall be allocated and divided equally among all the children, subject to all outstanding bona fide liens not satisfied by the remainder of the proceeds.
(A) Notwithstanding subdivision (g)(3) to the contrary, if a court orders property forfeited under this section pursuant to subdivision (g)(1) or (g)(2) and the property is held through tenancy by the entirety and one (1) spouse's interest is not forfeited, then the spouse shall have the first right to purchase the forfeited expectancy interest in the property.
(B) A spouse purchasing the forfeited property interest in the manner described in subdivision (g)(4)(A) shall take the property subject to all bona fide liens on the property. In order to exercise the right of purchase, the spouse shall petition the court in which the forfeiture proceeding is pending for the purchase at least fifteen (15) days prior to the court ordered sale.
(C) If the spouse does not purchase the forfeited expectancy interest, the spouse shall retain the spouse's interest subject to all bona fide liens, and the forfeited expectancy interest shall be sold and the proceeds applied in the following manner: (i) Reasonable expenses of the proceedings for forfeiture and sale, including, but not limited to, expenses, seizure, maintenance of custody, advertising and court costs; and (ii) The remaining proceeds shall be distributed as provided in subdivision (h)(2).
(i) Reasonable expenses of the proceedings for forfeiture and sale, including, but not limited to, expenses, seizure, maintenance of custody, advertising and court costs; and
(ii) The remaining proceeds shall be distributed as provided in subdivision (h)(2).
(D) If a party possessing a security interest in property being held by an innocent spouse institutes proceedings pursuant to its deed of trust, or otherwise, that results in the foreclosure and sale of the property, the innocent spouse shall be entitled to receive from the first proceeds of the sale an amount equal to an elective share as provided in § 31-4-101 , subject to bona fide outstanding liens not satisfied by the remainder of the proceeds.
(E) If the innocent spouse predeceases the other spouse, if there are children of the innocent and guilty spouse, at least one (1) of whom is eighteen (18) years of age or younger on the date of the sale, and if the entity holding the right of expectancy is the state, then upon the sale of the property, one-third (1/3) of the proceeds from the sale shall be allocated and divided equally among all the children, subject to all outstanding bona fide liens not satisfied by the remainder of the proceeds.
(5) (A) Notwithstanding subdivision (g)(3) to the contrary, if the property subject to forfeiture under this section is property titled solely in the name of a guilty spouse or titled in the name of the guilty spouse as tenants in common with any other person or persons, the innocent spouse may petition the court, at least thirty (30) days prior to the court ordered forfeiture sale, to have the court vest the ownership of the property in the couple as tenants by the entirety, and the innocent spouse shall have the same rights as provided in subdivision (g)(4). If the petition is timely filed, it shall be granted. (B) The filing of the petition shall act as a stay of any court ordered sale of the property and the stay shall remain in effect until disposition is made of the petition. (C) If the innocent spouse does not petition the court to vest the property ownership in the couple as tenants by the entirety, then the property shall be forfeited and disposed of as provided by this section.
(A) Notwithstanding subdivision (g)(3) to the contrary, if the property subject to forfeiture under this section is property titled solely in the name of a guilty spouse or titled in the name of the guilty spouse as tenants in common with any other person or persons, the innocent spouse may petition the court, at least thirty (30) days prior to the court ordered forfeiture sale, to have the court vest the ownership of the property in the couple as tenants by the entirety, and the innocent spouse shall have the same rights as provided in subdivision (g)(4). If the petition is timely filed, it shall be granted.
(B) The filing of the petition shall act as a stay of any court ordered sale of the property and the stay shall remain in effect until disposition is made of the petition.
(C) If the innocent spouse does not petition the court to vest the property ownership in the couple as tenants by the entirety, then the property shall be forfeited and disposed of as provided by this section.
(6) Notwithstanding any other provision of this section to the contrary, the proceeds derived from the sale of property forfeited because it was acquired with the proceeds of a violation of title 39, chapter 17, part 4 shall be distributed solely as provided in subsection (h).
(h) (1) The proceeds from any sale under subsection (g) shall be applied first to all reasonable expenses of the proceedings for forfeiture and sale, including, but not limited to, expenses, seizure, maintenance of custody, advertising, and court costs, and second to the satisfaction of all bona fide liens on the property. These liens and expenses shall be paid out of the proceeds before any allocation of proceeds required by subdivision (h)(2). (2) (A) Any proceeds received by any state agency pursuant to this section shall be allocated as follows: (i) Fifty percent (50%) of all proceeds resulting from actions of any state agency or awarded the agency in a division of funds shall be paid to the state treasurer to be used only for agency purposes as appropriated by the general assembly; (ii) Forty percent (40%) of all proceeds resulting from actions of any state agency or awarded the agency in a division of funds shall be paid to the state treasurer to be used only for the purpose of providing additional funds for the operation, maintenance and construction of prisons under the control of the department of correction as appropriated by the general assembly; and (iii) Ten percent (10%) of the proceeds shall be paid to the special drug case investigation fund created in subsection (j). (B) (i) Any proceeds received or produced as a result of the activities of a law enforcement agency of a local government shall be paid into the treasury of the respective local government. These proceeds may be appropriated by the local governmental body for any public purpose allowed by law. For purposes of this section, "local government" means a city, county or county with a metropolitan form of government. Any purchase made with these proceeds shall be made in accordance with all purchasing laws applicable to the particular local government. (ii) Subdivision (h)(2)(B)(i) regarding any purchase made with the proceeds being in accordance with purchasing laws does not apply in any county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census.
(1) The proceeds from any sale under subsection (g) shall be applied first to all reasonable expenses of the proceedings for forfeiture and sale, including, but not limited to, expenses, seizure, maintenance of custody, advertising, and court costs, and second to the satisfaction of all bona fide liens on the property. These liens and expenses shall be paid out of the proceeds before any allocation of proceeds required by subdivision (h)(2).
(2) (A) Any proceeds received by any state agency pursuant to this section shall be allocated as follows: (i) Fifty percent (50%) of all proceeds resulting from actions of any state agency or awarded the agency in a division of funds shall be paid to the state treasurer to be used only for agency purposes as appropriated by the general assembly; (ii) Forty percent (40%) of all proceeds resulting from actions of any state agency or awarded the agency in a division of funds shall be paid to the state treasurer to be used only for the purpose of providing additional funds for the operation, maintenance and construction of prisons under the control of the department of correction as appropriated by the general assembly; and (iii) Ten percent (10%) of the proceeds shall be paid to the special drug case investigation fund created in subsection (j). (B) (i) Any proceeds received or produced as a result of the activities of a law enforcement agency of a local government shall be paid into the treasury of the respective local government. These proceeds may be appropriated by the local governmental body for any public purpose allowed by law. For purposes of this section, "local government" means a city, county or county with a metropolitan form of government. Any purchase made with these proceeds shall be made in accordance with all purchasing laws applicable to the particular local government. (ii) Subdivision (h)(2)(B)(i) regarding any purchase made with the proceeds being in accordance with purchasing laws does not apply in any county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census.
(A) Any proceeds received by any state agency pursuant to this section shall be allocated as follows: (i) Fifty percent (50%) of all proceeds resulting from actions of any state agency or awarded the agency in a division of funds shall be paid to the state treasurer to be used only for agency purposes as appropriated by the general assembly; (ii) Forty percent (40%) of all proceeds resulting from actions of any state agency or awarded the agency in a division of funds shall be paid to the state treasurer to be used only for the purpose of providing additional funds for the operation, maintenance and construction of prisons under the control of the department of correction as appropriated by the general assembly; and (iii) Ten percent (10%) of the proceeds shall be paid to the special drug case investigation fund created in subsection (j).
(i) Fifty percent (50%) of all proceeds resulting from actions of any state agency or awarded the agency in a division of funds shall be paid to the state treasurer to be used only for agency purposes as appropriated by the general assembly;
(ii) Forty percent (40%) of all proceeds resulting from actions of any state agency or awarded the agency in a division of funds shall be paid to the state treasurer to be used only for the purpose of providing additional funds for the operation, maintenance and construction of prisons under the control of the department of correction as appropriated by the general assembly; and
(iii) Ten percent (10%) of the proceeds shall be paid to the special drug case investigation fund created in subsection (j).
(B) (i) Any proceeds received or produced as a result of the activities of a law enforcement agency of a local government shall be paid into the treasury of the respective local government. These proceeds may be appropriated by the local governmental body for any public purpose allowed by law. For purposes of this section, "local government" means a city, county or county with a metropolitan form of government. Any purchase made with these proceeds shall be made in accordance with all purchasing laws applicable to the particular local government. (ii) Subdivision (h)(2)(B)(i) regarding any purchase made with the proceeds being in accordance with purchasing laws does not apply in any county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census.
(i) Any proceeds received or produced as a result of the activities of a law enforcement agency of a local government shall be paid into the treasury of the respective local government. These proceeds may be appropriated by the local governmental body for any public purpose allowed by law. For purposes of this section, "local government" means a city, county or county with a metropolitan form of government. Any purchase made with these proceeds shall be made in accordance with all purchasing laws applicable to the particular local government.
(ii) Subdivision (h)(2)(B)(i) regarding any purchase made with the proceeds being in accordance with purchasing laws does not apply in any county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census.
(i) If more than one (1) law enforcement agency or department is involved in a seizure, then the court may divide the proceeds of property seized under this section among the agencies or departments involved in the seizure.
(j) (1) There is created a special fund in the state treasury to be known as the special drug case investigation fund. Ten percent (10%) of all proceeds from any sale under this section shall be ordered paid into this fund by the court. (2) This fund shall finance investigations of complex drug offense cases by the Tennessee bureau of investigation and the attorney general and reporter involving civil forfeitures pursuant to title 39, chapter 12, part 2, or this section. (3) This fund shall not revert to the general fund on any June 30, but shall remain available for expenditure for its intended purposes.
(1) There is created a special fund in the state treasury to be known as the special drug case investigation fund. Ten percent (10%) of all proceeds from any sale under this section shall be ordered paid into this fund by the court.
(2) This fund shall finance investigations of complex drug offense cases by the Tennessee bureau of investigation and the attorney general and reporter involving civil forfeitures pursuant to title 39, chapter 12, part 2, or this section.
(3) This fund shall not revert to the general fund on any June 30, but shall remain available for expenditure for its intended purposes.
(k) (1) The attorney general and reporter is authorized to call on the assistance of the Tennessee bureau of investigation in the civil investigation of complex drug cases involving civil forfeiture proceedings brought by the bureau and the attorney general and reporter pursuant to title 39, chapter 12, part 2, or this section. (2) The Tennessee bureau of investigation is authorized to provide assistance to the attorney general and reporter as required for the civil investigation of complex drug cases involving civil forfeiture proceedings brought by the bureau and the attorney general and reporter pursuant to title 39, chapter 12, part 2, or this section.
(1) The attorney general and reporter is authorized to call on the assistance of the Tennessee bureau of investigation in the civil investigation of complex drug cases involving civil forfeiture proceedings brought by the bureau and the attorney general and reporter pursuant to title 39, chapter 12, part 2, or this section.
(2) The Tennessee bureau of investigation is authorized to provide assistance to the attorney general and reporter as required for the civil investigation of complex drug cases involving civil forfeiture proceedings brought by the bureau and the attorney general and reporter pursuant to title 39, chapter 12, part 2, or this section.
Acts 1990, ch. 774, § 1; 1997 , ch. 56, §§ 6, 7; 2007 , ch. 106, § 10; 2010 , ch. 1040, § 9.
Tenn. Code Ann. § 53-1-105 — TN Code / Title 53 / Chapter 1 / Section 53-1-105
Food deemed misbranded
Status: in_force

(a) A food shall be deemed to be misbranded if: (1) Its labeling is false or misleading in any particular; (2) It is offered for sale under the name of another food; (3) It is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word "imitation," and immediately thereafter, the name of the food imitated; (4) Its container is so made, formed or filled as to be misleading; (5) In package form, unless it bears a label containing: (A) The name and place of business of the manufacturer, packer or distributor; and (B) An accurate statement of the quantity of the contents in terms of weight, measure or numerical count; provided, that under this subdivision (5) reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulations prescribed by the commissioner; (6) Any word, statement or other information required by this chapter to appear on the label or labeling is not prominently placed on the label or labeling with such conspicuousness, as compared with other words, statements, designs or devices, in the labeling, and such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; (7) It is not subject to [former] subdivision (a)(7), unless its label bears: (A) The common or usual name of the food, if there is one; and (B) In case it is fabricated from two (2) or more ingredients, the common or usual name of each ingredient; except that spices, flavorings and colorings, other than those sold as spices, flavoring and colorings, may be designated as spices, flavorings and colorings, without naming each; provided, that to the extent that compliance with the requirements of this subdivision (a)(7)(B) is impractical or results in deception or unfair competition, exemption shall be established by regulations promulgated by the commissioner. The requirements of this subdivision (a)(7)(B) shall not apply to any carbonated beverage, the ingredients of which have been fully and correctly disclosed, to the extent prescribed by this subdivision (a)(7)(B), to the commissioner in an affidavit; (8) It purports to be or is represented for special dietary uses, unless its label bears information concerning its vitamin, mineral and other dietary properties that the commissioner determines to be, and by regulations prescribes, as necessary in order to fully inform purchasers as to its value for special dietary uses; or (9) It bears or contains any artificial flavoring, artificial coloring or chemical preservatives, unless it bears labeling stating that fact; provided, that to the extent that compliance with the requirements of this subdivision (a)(9) is impracticable, exemptions shall be established by regulations promulgated by the commissioner. This subdivision (a)(9) with respect to artificial coloring shall not apply in the case of butter, cheese or ice cream. (b) (1) Any poultry, poultry product, meat, or meat food product offered for sale, sold, or distributed in this state and labeled or advertised as "Tennessee-raised" or by a similar designation is misbranded if the poultry or animal was not raised in this state. (2) The commissioner may waive a determination that poultry, a poultry product, meat, or a meat food product is misbranded under subdivision (b)(1) upon application of the producer or processor, if the commissioner finds that a waiver is warranted due to economic factors, including, but not limited to, the proximity of processing facilities to the producer and the availability of processing facilities in this state. (3) As used in this subsection (b): (A) "Meat", "meat food products", "poultry", and "poultry products" have the same meanings as defined in § 53-7-202 ; and (B) "Tennessee-raised" means: (i) For poultry and poultry products, that the poultry was raised solely in this state from no later than the seventh day after hatching and processed solely in this state; and (ii) For meat and meat food products, that the animal was born, raised, and processed solely in this state. Amended by 2021 Tenn. Acts, ch. 202, s 6, eff. 4/22/2021. Amended by 2020 Tenn. Acts, ch. 725, s 1, eff. 10/1/2020. Acts 1941, ch. 120, § 11; C. Supp. 1950, § 6580.11; T.C.A. (orig. ed.), § 52-111.
(a) A food shall be deemed to be misbranded if: (1) Its labeling is false or misleading in any particular; (2) It is offered for sale under the name of another food; (3) It is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word "imitation," and immediately thereafter, the name of the food imitated; (4) Its container is so made, formed or filled as to be misleading; (5) In package form, unless it bears a label containing: (A) The name and place of business of the manufacturer, packer or distributor; and (B) An accurate statement of the quantity of the contents in terms of weight, measure or numerical count; provided, that under this subdivision (5) reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulations prescribed by the commissioner; (6) Any word, statement or other information required by this chapter to appear on the label or labeling is not prominently placed on the label or labeling with such conspicuousness, as compared with other words, statements, designs or devices, in the labeling, and such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; (7) It is not subject to [former] subdivision (a)(7), unless its label bears: (A) The common or usual name of the food, if there is one; and (B) In case it is fabricated from two (2) or more ingredients, the common or usual name of each ingredient; except that spices, flavorings and colorings, other than those sold as spices, flavoring and colorings, may be designated as spices, flavorings and colorings, without naming each; provided, that to the extent that compliance with the requirements of this subdivision (a)(7)(B) is impractical or results in deception or unfair competition, exemption shall be established by regulations promulgated by the commissioner. The requirements of this subdivision (a)(7)(B) shall not apply to any carbonated beverage, the ingredients of which have been fully and correctly disclosed, to the extent prescribed by this subdivision (a)(7)(B), to the commissioner in an affidavit; (8) It purports to be or is represented for special dietary uses, unless its label bears information concerning its vitamin, mineral and other dietary properties that the commissioner determines to be, and by regulations prescribes, as necessary in order to fully inform purchasers as to its value for special dietary uses; or (9) It bears or contains any artificial flavoring, artificial coloring or chemical preservatives, unless it bears labeling stating that fact; provided, that to the extent that compliance with the requirements of this subdivision (a)(9) is impracticable, exemptions shall be established by regulations promulgated by the commissioner. This subdivision (a)(9) with respect to artificial coloring shall not apply in the case of butter, cheese or ice cream.
(1) Its labeling is false or misleading in any particular;
(2) It is offered for sale under the name of another food;
(3) It is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word "imitation," and immediately thereafter, the name of the food imitated;
(4) Its container is so made, formed or filled as to be misleading;
(5) In package form, unless it bears a label containing: (A) The name and place of business of the manufacturer, packer or distributor; and (B) An accurate statement of the quantity of the contents in terms of weight, measure or numerical count; provided, that under this subdivision (5) reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulations prescribed by the commissioner;
(A) The name and place of business of the manufacturer, packer or distributor; and
(B) An accurate statement of the quantity of the contents in terms of weight, measure or numerical count; provided, that under this subdivision (5) reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulations prescribed by the commissioner;
(6) Any word, statement or other information required by this chapter to appear on the label or labeling is not prominently placed on the label or labeling with such conspicuousness, as compared with other words, statements, designs or devices, in the labeling, and such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;
(7) It is not subject to [former] subdivision (a)(7), unless its label bears: (A) The common or usual name of the food, if there is one; and (B) In case it is fabricated from two (2) or more ingredients, the common or usual name of each ingredient; except that spices, flavorings and colorings, other than those sold as spices, flavoring and colorings, may be designated as spices, flavorings and colorings, without naming each; provided, that to the extent that compliance with the requirements of this subdivision (a)(7)(B) is impractical or results in deception or unfair competition, exemption shall be established by regulations promulgated by the commissioner. The requirements of this subdivision (a)(7)(B) shall not apply to any carbonated beverage, the ingredients of which have been fully and correctly disclosed, to the extent prescribed by this subdivision (a)(7)(B), to the commissioner in an affidavit;
(A) The common or usual name of the food, if there is one; and
(B) In case it is fabricated from two (2) or more ingredients, the common or usual name of each ingredient; except that spices, flavorings and colorings, other than those sold as spices, flavoring and colorings, may be designated as spices, flavorings and colorings, without naming each; provided, that to the extent that compliance with the requirements of this subdivision (a)(7)(B) is impractical or results in deception or unfair competition, exemption shall be established by regulations promulgated by the commissioner. The requirements of this subdivision (a)(7)(B) shall not apply to any carbonated beverage, the ingredients of which have been fully and correctly disclosed, to the extent prescribed by this subdivision (a)(7)(B), to the commissioner in an affidavit;
(8) It purports to be or is represented for special dietary uses, unless its label bears information concerning its vitamin, mineral and other dietary properties that the commissioner determines to be, and by regulations prescribes, as necessary in order to fully inform purchasers as to its value for special dietary uses; or
(9) It bears or contains any artificial flavoring, artificial coloring or chemical preservatives, unless it bears labeling stating that fact; provided, that to the extent that compliance with the requirements of this subdivision (a)(9) is impracticable, exemptions shall be established by regulations promulgated by the commissioner. This subdivision (a)(9) with respect to artificial coloring shall not apply in the case of butter, cheese or ice cream.
(b) (1) Any poultry, poultry product, meat, or meat food product offered for sale, sold, or distributed in this state and labeled or advertised as "Tennessee-raised" or by a similar designation is misbranded if the poultry or animal was not raised in this state. (2) The commissioner may waive a determination that poultry, a poultry product, meat, or a meat food product is misbranded under subdivision (b)(1) upon application of the producer or processor, if the commissioner finds that a waiver is warranted due to economic factors, including, but not limited to, the proximity of processing facilities to the producer and the availability of processing facilities in this state. (3) As used in this subsection (b): (A) "Meat", "meat food products", "poultry", and "poultry products" have the same meanings as defined in § 53-7-202 ; and (B) "Tennessee-raised" means: (i) For poultry and poultry products, that the poultry was raised solely in this state from no later than the seventh day after hatching and processed solely in this state; and (ii) For meat and meat food products, that the animal was born, raised, and processed solely in this state.
(1) Any poultry, poultry product, meat, or meat food product offered for sale, sold, or distributed in this state and labeled or advertised as "Tennessee-raised" or by a similar designation is misbranded if the poultry or animal was not raised in this state.
(2) The commissioner may waive a determination that poultry, a poultry product, meat, or a meat food product is misbranded under subdivision (b)(1) upon application of the producer or processor, if the commissioner finds that a waiver is warranted due to economic factors, including, but not limited to, the proximity of processing facilities to the producer and the availability of processing facilities in this state.
(3) As used in this subsection (b): (A) "Meat", "meat food products", "poultry", and "poultry products" have the same meanings as defined in § 53-7-202 ; and (B) "Tennessee-raised" means: (i) For poultry and poultry products, that the poultry was raised solely in this state from no later than the seventh day after hatching and processed solely in this state; and (ii) For meat and meat food products, that the animal was born, raised, and processed solely in this state.
(A) "Meat", "meat food products", "poultry", and "poultry products" have the same meanings as defined in § 53-7-202 ; and
(B) "Tennessee-raised" means: (i) For poultry and poultry products, that the poultry was raised solely in this state from no later than the seventh day after hatching and processed solely in this state; and (ii) For meat and meat food products, that the animal was born, raised, and processed solely in this state.
(i) For poultry and poultry products, that the poultry was raised solely in this state from no later than the seventh day after hatching and processed solely in this state; and
(ii) For meat and meat food products, that the animal was born, raised, and processed solely in this state.
Amended by 2021 Tenn. Acts, ch. 202, s 6, eff. 4/22/2021.
Amended by 2020 Tenn. Acts, ch. 725, s 1, eff. 10/1/2020.
Acts 1941, ch. 120, § 11; C. Supp. 1950, § 6580.11; T.C.A. (orig. ed.), § 52-111.
Tenn. Code Ann. § 53-7-218 — TN Code / Title 53 / Chapter 7 / Section 53-7-218
Exclusive method of reviewing orders of commissioner - Disposition of confiscated property
Status: in_force

(a) The remedy and procedure provided in § 53-7-217 shall be the exclusive method of reviewing all orders of the commissioner issued pursuant to the hearing authorized by this part and shall be the sole remedy of any petitioner or claimant. No judge or any court shall have the authority or jurisdiction to interfere by replevin, injunction, supersedeas or in any other manner, with any order of the commissioner issued pursuant to this part, but the order shall remain in full force and effect until the final decision of the supreme court, except where the judgment of the circuit court is not appealed from and has become a final judgment. (b) (1) When the order of the commissioner or the judgment of any court becomes final, authorizing a seizure or confiscation, the device, material, article, commodity, product or any other thing being used, possessed or handled in contravention of this part shall be destroyed by the commissioner. (2) If no petition or claim is interposed, the property seized or confiscated shall be forfeited without further proceedings and the property shall be disposed of as provided for in subdivision (b)(1). Acts 1967, ch. 99, § 18; T.C.A., § 52-932.
(a) The remedy and procedure provided in § 53-7-217 shall be the exclusive method of reviewing all orders of the commissioner issued pursuant to the hearing authorized by this part and shall be the sole remedy of any petitioner or claimant. No judge or any court shall have the authority or jurisdiction to interfere by replevin, injunction, supersedeas or in any other manner, with any order of the commissioner issued pursuant to this part, but the order shall remain in full force and effect until the final decision of the supreme court, except where the judgment of the circuit court is not appealed from and has become a final judgment.
(b) (1) When the order of the commissioner or the judgment of any court becomes final, authorizing a seizure or confiscation, the device, material, article, commodity, product or any other thing being used, possessed or handled in contravention of this part shall be destroyed by the commissioner. (2) If no petition or claim is interposed, the property seized or confiscated shall be forfeited without further proceedings and the property shall be disposed of as provided for in subdivision (b)(1).
(1) When the order of the commissioner or the judgment of any court becomes final, authorizing a seizure or confiscation, the device, material, article, commodity, product or any other thing being used, possessed or handled in contravention of this part shall be destroyed by the commissioner.
(2) If no petition or claim is interposed, the property seized or confiscated shall be forfeited without further proceedings and the property shall be disposed of as provided for in subdivision (b)(1).
Acts 1967, ch. 99, § 18; T.C.A., § 52-932.
Tenn. Code Ann. § 53-14-102 — TN Code / Title 53 / Chapter 14 / Section 53-14-102
Exemption from chapter
Status: in_force

This chapter shall not apply to: (1) A licensed physician, dentist or veterinarian lawfully administering, dispensing or prescribing a legend drug or controlled substance in the course of the individual's professional practice to an ultimate user for a recognized medical purpose; or (2) A manufacturer or distributor whose research protocol has been approved by the federal food and drug administration under that agency's auspices, or otherwise subject to jurisdiction of the federal food and drug administration and if lawful under that jurisdiction. Acts 1984, ch. 717, § 2.
This chapter shall not apply to:
(1) A licensed physician, dentist or veterinarian lawfully administering, dispensing or prescribing a legend drug or controlled substance in the course of the individual's professional practice to an ultimate user for a recognized medical purpose; or
(2) A manufacturer or distributor whose research protocol has been approved by the federal food and drug administration under that agency's auspices, or otherwise subject to jurisdiction of the federal food and drug administration and if lawful under that jurisdiction.
Acts 1984, ch. 717, § 2.
Tenn. Code Ann. § 53-1-109 — TN Code / Title 53 / Chapter 1 / Section 53-1-109
Drugs or devices deemed misbranded - Exemptions
Status: in_force

(a) A drug or device shall be deemed to be misbranded: (1) If its labeling is false or misleading in any particular; (2) If in package form, unless it bears a label containing: (A) The name and place of business of the manufacturer, packer or distributor; and (B) An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; provided, that, under this subdivision (a)(2)(B), reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulations prescribed by the commissioner; (3) If any word, statement or other information required by or under the authority of this chapter to appear on the label or labeling is not prominently placed on the label or labeling with such conspicuousness, as compared with other words, statements, designs or devices, in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; (4) If it is for use by humans and contains any quantity of the narcotic or hypnotic substance alpha eucaine, barbituric acid, betaeucaine, bromal, cannabis, carbromal, chloral, coca, cocaine, codeine, heroin, marijuana, morphine, opium, paraldehyde, peyote, or sulphonmethane, or any chemical derivative of those substances, which derivative has been found by the commissioner after investigation to be, and by regulations promulgated under this subdivision (a)(4) designated as habit forming; unless its label bears the name and quantity of proportion of the substance or derivative and in juxtaposition the statement "Warning - May be habit forming"; (5) If it is a drug and is not designated solely by a name recognized in an official compendium, unless its label bears: (A) The common or usual name of the drug, if there is a common or usual name; and (B) In case it is fabricated from two (2) or more ingredients, the common or usual name of each active ingredient, including the kind and quantity or proportion of any alcohol, and also including, whether active or not, the name and quantity or proportion of any bromides, ether, chloroform, acetanilid, acetphenetidin, aminopyrine, antipyrine, atropine, hyoscine, hyoscyamine, arsenic, digitalis, digitalis glucosides, mercury, ouabain, strophanthin, strychnine, thyroid, or any derivative or preparation of any of those substances contained in the drug; provided, that to the extent that compliance with the requirements of this subdivision (a)(5)(B) is impracticable, exemptions shall be established by regulations promulgated by the commissioner; (6) Unless its labeling bears: (A) Adequate directions for use; provided, that where any requirement of this subdivision (a)(6)(A), as applied to any drug or device, is not necessary for the protection of the public health, the commissioner shall promulgate regulations exempting the drug or device from the requirements; and (B) Adequate warning against use in those pathological conditions or by children where its use may be dangerous to health, or against unsafe dosage or methods or duration of administration or application, in a manner and form that are necessary for the protection of users; (7) If it purports to be a drug the name of which is recognized in an official compendium, unless it is packed and labeled as prescribed in the compendium; provided, that the method of packing may be modified with the consent of the commissioner. Whenever a drug is recognized in both the United States Pharmacopoeia and the Homeopathic Pharmacopoeia of the United States, it shall be subject to the requirements of the United States Pharmacopoeia with respect to packaging and labeling, unless it is labeled and offered for sale as a homeopathic drug, in which case it shall be subject to the Homeopathic Pharmacopoeia of the United States and not to those of the United States Pharmacopoeia; (8) If it has been found by the commissioner to be a drug liable to deteriorate, unless it is packaged in a form and manner, and its label bears a statement of precautions that the commissioner requires by regulations as necessary for the protection of public health. Regulations shall not be established for any drug recognized in an official compendium until the commissioner has informed the appropriate body charged with the revision of the compendium of the need for the packaging or labeling requirements, and the body has failed within a reasonable time to prescribe the requirements; (9) If it is a drug and: (A) Its container is so made, formed or filled as to be misleading; (B) It is an imitation of another drug; or (C) It is offered for sale under the name of another drug; (10) If it is dangerous to health when used in the dosage, or with the frequency or duration prescribed, recommended or suggested in the labeling of the drug; or (11) If it is a drug sold at retail for use by humans, and contains any quantity of aminopyrine, barbituric acid, cinchophon, dinitrophenol or sulfanilamide, or their derivatives, when used in the dosage, or with the frequency or duration prescribed, recommended or suggested in the labeling of the drug, unless it is sold on a written prescription authorized by a member of the medical, dental or veterinary profession who is licensed by law to administer the drugs, and its label bears the name and place of business of the seller, the serial number and date of the prescription, and the name of the member of the medical, dental or veterinary profession. (b) (1) A drug sold on a written prescription signed or authorized by a member of the medical, dental or veterinary profession, except a drug sold in the course of the conduct of a business of selling drugs pursuant to diagnosis by mail, shall be exempt from the requirements of this section if: (A) The member of the medical, dental or veterinary profession is licensed by law to administer the drug; and (B) The drug bears a label containing the name and place of business of the seller, the serial number and date of the prescription, and the name of the member of the medical, dental or veterinary profession. (2) A drug or device that is, in accordance with the practice of the trade, to be processed, labeled or repacked in substantial quantities at an establishment other than the establishment where it was originally processed or packed, is exempt from the affirmative labeling and packaging requirements of this section, while it is in transit in intrastate commerce from the one establishment to the other, if the transit is made in good faith for those completion purposes only; but it is otherwise subject to all applicable provisions of this chapter. Acts 1941, ch. 120, § 16; C. Supp. 1950, § 6580.16; T.C.A. (orig. ed.), § 52-116.
(a) A drug or device shall be deemed to be misbranded: (1) If its labeling is false or misleading in any particular; (2) If in package form, unless it bears a label containing: (A) The name and place of business of the manufacturer, packer or distributor; and (B) An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; provided, that, under this subdivision (a)(2)(B), reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulations prescribed by the commissioner; (3) If any word, statement or other information required by or under the authority of this chapter to appear on the label or labeling is not prominently placed on the label or labeling with such conspicuousness, as compared with other words, statements, designs or devices, in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use; (4) If it is for use by humans and contains any quantity of the narcotic or hypnotic substance alpha eucaine, barbituric acid, betaeucaine, bromal, cannabis, carbromal, chloral, coca, cocaine, codeine, heroin, marijuana, morphine, opium, paraldehyde, peyote, or sulphonmethane, or any chemical derivative of those substances, which derivative has been found by the commissioner after investigation to be, and by regulations promulgated under this subdivision (a)(4) designated as habit forming; unless its label bears the name and quantity of proportion of the substance or derivative and in juxtaposition the statement "Warning - May be habit forming"; (5) If it is a drug and is not designated solely by a name recognized in an official compendium, unless its label bears: (A) The common or usual name of the drug, if there is a common or usual name; and (B) In case it is fabricated from two (2) or more ingredients, the common or usual name of each active ingredient, including the kind and quantity or proportion of any alcohol, and also including, whether active or not, the name and quantity or proportion of any bromides, ether, chloroform, acetanilid, acetphenetidin, aminopyrine, antipyrine, atropine, hyoscine, hyoscyamine, arsenic, digitalis, digitalis glucosides, mercury, ouabain, strophanthin, strychnine, thyroid, or any derivative or preparation of any of those substances contained in the drug; provided, that to the extent that compliance with the requirements of this subdivision (a)(5)(B) is impracticable, exemptions shall be established by regulations promulgated by the commissioner; (6) Unless its labeling bears: (A) Adequate directions for use; provided, that where any requirement of this subdivision (a)(6)(A), as applied to any drug or device, is not necessary for the protection of the public health, the commissioner shall promulgate regulations exempting the drug or device from the requirements; and (B) Adequate warning against use in those pathological conditions or by children where its use may be dangerous to health, or against unsafe dosage or methods or duration of administration or application, in a manner and form that are necessary for the protection of users; (7) If it purports to be a drug the name of which is recognized in an official compendium, unless it is packed and labeled as prescribed in the compendium; provided, that the method of packing may be modified with the consent of the commissioner. Whenever a drug is recognized in both the United States Pharmacopoeia and the Homeopathic Pharmacopoeia of the United States, it shall be subject to the requirements of the United States Pharmacopoeia with respect to packaging and labeling, unless it is labeled and offered for sale as a homeopathic drug, in which case it shall be subject to the Homeopathic Pharmacopoeia of the United States and not to those of the United States Pharmacopoeia; (8) If it has been found by the commissioner to be a drug liable to deteriorate, unless it is packaged in a form and manner, and its label bears a statement of precautions that the commissioner requires by regulations as necessary for the protection of public health. Regulations shall not be established for any drug recognized in an official compendium until the commissioner has informed the appropriate body charged with the revision of the compendium of the need for the packaging or labeling requirements, and the body has failed within a reasonable time to prescribe the requirements; (9) If it is a drug and: (A) Its container is so made, formed or filled as to be misleading; (B) It is an imitation of another drug; or (C) It is offered for sale under the name of another drug; (10) If it is dangerous to health when used in the dosage, or with the frequency or duration prescribed, recommended or suggested in the labeling of the drug; or (11) If it is a drug sold at retail for use by humans, and contains any quantity of aminopyrine, barbituric acid, cinchophon, dinitrophenol or sulfanilamide, or their derivatives, when used in the dosage, or with the frequency or duration prescribed, recommended or suggested in the labeling of the drug, unless it is sold on a written prescription authorized by a member of the medical, dental or veterinary profession who is licensed by law to administer the drugs, and its label bears the name and place of business of the seller, the serial number and date of the prescription, and the name of the member of the medical, dental or veterinary profession.
(1) If its labeling is false or misleading in any particular;
(2) If in package form, unless it bears a label containing: (A) The name and place of business of the manufacturer, packer or distributor; and (B) An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; provided, that, under this subdivision (a)(2)(B), reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulations prescribed by the commissioner;
(A) The name and place of business of the manufacturer, packer or distributor; and
(B) An accurate statement of the quantity of the contents in terms of weight, measure, or numerical count; provided, that, under this subdivision (a)(2)(B), reasonable variations shall be permitted, and exemptions as to small packages shall be established, by regulations prescribed by the commissioner;
(3) If any word, statement or other information required by or under the authority of this chapter to appear on the label or labeling is not prominently placed on the label or labeling with such conspicuousness, as compared with other words, statements, designs or devices, in the labeling, and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;
(4) If it is for use by humans and contains any quantity of the narcotic or hypnotic substance alpha eucaine, barbituric acid, betaeucaine, bromal, cannabis, carbromal, chloral, coca, cocaine, codeine, heroin, marijuana, morphine, opium, paraldehyde, peyote, or sulphonmethane, or any chemical derivative of those substances, which derivative has been found by the commissioner after investigation to be, and by regulations promulgated under this subdivision (a)(4) designated as habit forming; unless its label bears the name and quantity of proportion of the substance or derivative and in juxtaposition the statement "Warning - May be habit forming";
(5) If it is a drug and is not designated solely by a name recognized in an official compendium, unless its label bears: (A) The common or usual name of the drug, if there is a common or usual name; and (B) In case it is fabricated from two (2) or more ingredients, the common or usual name of each active ingredient, including the kind and quantity or proportion of any alcohol, and also including, whether active or not, the name and quantity or proportion of any bromides, ether, chloroform, acetanilid, acetphenetidin, aminopyrine, antipyrine, atropine, hyoscine, hyoscyamine, arsenic, digitalis, digitalis glucosides, mercury, ouabain, strophanthin, strychnine, thyroid, or any derivative or preparation of any of those substances contained in the drug; provided, that to the extent that compliance with the requirements of this subdivision (a)(5)(B) is impracticable, exemptions shall be established by regulations promulgated by the commissioner;
(A) The common or usual name of the drug, if there is a common or usual name; and
(B) In case it is fabricated from two (2) or more ingredients, the common or usual name of each active ingredient, including the kind and quantity or proportion of any alcohol, and also including, whether active or not, the name and quantity or proportion of any bromides, ether, chloroform, acetanilid, acetphenetidin, aminopyrine, antipyrine, atropine, hyoscine, hyoscyamine, arsenic, digitalis, digitalis glucosides, mercury, ouabain, strophanthin, strychnine, thyroid, or any derivative or preparation of any of those substances contained in the drug; provided, that to the extent that compliance with the requirements of this subdivision (a)(5)(B) is impracticable, exemptions shall be established by regulations promulgated by the commissioner;
(6) Unless its labeling bears: (A) Adequate directions for use; provided, that where any requirement of this subdivision (a)(6)(A), as applied to any drug or device, is not necessary for the protection of the public health, the commissioner shall promulgate regulations exempting the drug or device from the requirements; and (B) Adequate warning against use in those pathological conditions or by children where its use may be dangerous to health, or against unsafe dosage or methods or duration of administration or application, in a manner and form that are necessary for the protection of users;
(A) Adequate directions for use; provided, that where any requirement of this subdivision (a)(6)(A), as applied to any drug or device, is not necessary for the protection of the public health, the commissioner shall promulgate regulations exempting the drug or device from the requirements; and
(B) Adequate warning against use in those pathological conditions or by children where its use may be dangerous to health, or against unsafe dosage or methods or duration of administration or application, in a manner and form that are necessary for the protection of users;
(7) If it purports to be a drug the name of which is recognized in an official compendium, unless it is packed and labeled as prescribed in the compendium; provided, that the method of packing may be modified with the consent of the commissioner. Whenever a drug is recognized in both the United States Pharmacopoeia and the Homeopathic Pharmacopoeia of the United States, it shall be subject to the requirements of the United States Pharmacopoeia with respect to packaging and labeling, unless it is labeled and offered for sale as a homeopathic drug, in which case it shall be subject to the Homeopathic Pharmacopoeia of the United States and not to those of the United States Pharmacopoeia;
(8) If it has been found by the commissioner to be a drug liable to deteriorate, unless it is packaged in a form and manner, and its label bears a statement of precautions that the commissioner requires by regulations as necessary for the protection of public health. Regulations shall not be established for any drug recognized in an official compendium until the commissioner has informed the appropriate body charged with the revision of the compendium of the need for the packaging or labeling requirements, and the body has failed within a reasonable time to prescribe the requirements;
(9) If it is a drug and: (A) Its container is so made, formed or filled as to be misleading; (B) It is an imitation of another drug; or (C) It is offered for sale under the name of another drug;
(A) Its container is so made, formed or filled as to be misleading;
(B) It is an imitation of another drug; or
(C) It is offered for sale under the name of another drug;
(10) If it is dangerous to health when used in the dosage, or with the frequency or duration prescribed, recommended or suggested in the labeling of the drug; or
(11) If it is a drug sold at retail for use by humans, and contains any quantity of aminopyrine, barbituric acid, cinchophon, dinitrophenol or sulfanilamide, or their derivatives, when used in the dosage, or with the frequency or duration prescribed, recommended or suggested in the labeling of the drug, unless it is sold on a written prescription authorized by a member of the medical, dental or veterinary profession who is licensed by law to administer the drugs, and its label bears the name and place of business of the seller, the serial number and date of the prescription, and the name of the member of the medical, dental or veterinary profession.
(b) (1) A drug sold on a written prescription signed or authorized by a member of the medical, dental or veterinary profession, except a drug sold in the course of the conduct of a business of selling drugs pursuant to diagnosis by mail, shall be exempt from the requirements of this section if: (A) The member of the medical, dental or veterinary profession is licensed by law to administer the drug; and (B) The drug bears a label containing the name and place of business of the seller, the serial number and date of the prescription, and the name of the member of the medical, dental or veterinary profession. (2) A drug or device that is, in accordance with the practice of the trade, to be processed, labeled or repacked in substantial quantities at an establishment other than the establishment where it was originally processed or packed, is exempt from the affirmative labeling and packaging requirements of this section, while it is in transit in intrastate commerce from the one establishment to the other, if the transit is made in good faith for those completion purposes only; but it is otherwise subject to all applicable provisions of this chapter.
(1) A drug sold on a written prescription signed or authorized by a member of the medical, dental or veterinary profession, except a drug sold in the course of the conduct of a business of selling drugs pursuant to diagnosis by mail, shall be exempt from the requirements of this section if: (A) The member of the medical, dental or veterinary profession is licensed by law to administer the drug; and (B) The drug bears a label containing the name and place of business of the seller, the serial number and date of the prescription, and the name of the member of the medical, dental or veterinary profession.
(A) The member of the medical, dental or veterinary profession is licensed by law to administer the drug; and
(B) The drug bears a label containing the name and place of business of the seller, the serial number and date of the prescription, and the name of the member of the medical, dental or veterinary profession.
(2) A drug or device that is, in accordance with the practice of the trade, to be processed, labeled or repacked in substantial quantities at an establishment other than the establishment where it was originally processed or packed, is exempt from the affirmative labeling and packaging requirements of this section, while it is in transit in intrastate commerce from the one establishment to the other, if the transit is made in good faith for those completion purposes only; but it is otherwise subject to all applicable provisions of this chapter.
Acts 1941, ch. 120, § 16; C. Supp. 1950, § 6580.16; T.C.A. (orig. ed.), § 52-116.
Tenn. Code Ann. § 53-11-405 — TN Code / Title 53 / Chapter 11 / Section 53-11-405
Enforcement officers
Status: in_force

(a) Any officer or authorized representative of the Tennessee bureau of investigation designated by the director of that bureau may: (1) Carry firearms in the performance of the individual's official duties; (2) Execute and serve search warrants, arrest warrants, subpoenas and summonses issued under the authority of this state; (3) Make arrests without warrant for any offense under part 3 of this chapter and this part, or title 39, chapter 17, part 4, committed in the individual's presence, or if the individual has probable cause to believe that the person to be arrested has committed or is committing a violation of part 3 of this chapter and this part, or title 39, chapter 17, part 4 that may constitute a felony; (4) Make seizures of property pursuant to part 3 of this chapter and this part, or title 39, chapter 17, part 4; or (5) Perform other law enforcement duties as the director of the bureau designates. (b) It is the duty of the principal, or of the comparable chief administrative officer designated by any other equivalent title, of any school, public, private, denominational or parochial, who has probable cause to believe that any person has committed, or is committing, any violation of part 3 of this chapter and this part, or title 39, chapter 17, part 4, upon the school grounds or within any buildings or structures embraced by such individual's administrative responsibility, to report the probable cause intelligence immediately to the sheriff of the county if the school is in an unincorporated area, or to the police chief or other equivalent law enforcement official if the school is located within an incorporated municipality. Acts 1971, ch. 163, § 32; 1980, ch. 636, § 10; 1981, ch. 252, § 1; T.C.A., § 52-1439; Acts 1996, ch. 675, §§ 58, 60, 61.
(a) Any officer or authorized representative of the Tennessee bureau of investigation designated by the director of that bureau may: (1) Carry firearms in the performance of the individual's official duties; (2) Execute and serve search warrants, arrest warrants, subpoenas and summonses issued under the authority of this state; (3) Make arrests without warrant for any offense under part 3 of this chapter and this part, or title 39, chapter 17, part 4, committed in the individual's presence, or if the individual has probable cause to believe that the person to be arrested has committed or is committing a violation of part 3 of this chapter and this part, or title 39, chapter 17, part 4 that may constitute a felony; (4) Make seizures of property pursuant to part 3 of this chapter and this part, or title 39, chapter 17, part 4; or (5) Perform other law enforcement duties as the director of the bureau designates.
(1) Carry firearms in the performance of the individual's official duties;
(2) Execute and serve search warrants, arrest warrants, subpoenas and summonses issued under the authority of this state;
(3) Make arrests without warrant for any offense under part 3 of this chapter and this part, or title 39, chapter 17, part 4, committed in the individual's presence, or if the individual has probable cause to believe that the person to be arrested has committed or is committing a violation of part 3 of this chapter and this part, or title 39, chapter 17, part 4 that may constitute a felony;
(4) Make seizures of property pursuant to part 3 of this chapter and this part, or title 39, chapter 17, part 4; or
(5) Perform other law enforcement duties as the director of the bureau designates.
(b) It is the duty of the principal, or of the comparable chief administrative officer designated by any other equivalent title, of any school, public, private, denominational or parochial, who has probable cause to believe that any person has committed, or is committing, any violation of part 3 of this chapter and this part, or title 39, chapter 17, part 4, upon the school grounds or within any buildings or structures embraced by such individual's administrative responsibility, to report the probable cause intelligence immediately to the sheriff of the county if the school is in an unincorporated area, or to the police chief or other equivalent law enforcement official if the school is located within an incorporated municipality.
Acts 1971, ch. 163, § 32; 1980, ch. 636, § 10; 1981, ch. 252, § 1; T.C.A., § 52-1439; Acts 1996, ch. 675, §§ 58, 60, 61.
Tenn. Code Ann. § 53-10-204 — TN Code / Title 53 / Chapter 10 / Section 53-10-204
Substitution authorized - Instructions of prescriber
Status: in_force

(a) The prescriber shall allow for substitution with a generic equivalent of a brand name drug or drug product under all circumstances, unless: (1) The prescriber determines the medical necessity of a brand name drug or drug product due to: (A) An adverse reaction previously experienced by the patient to a generic equivalent; (B) A generic equivalent has previously been demonstrated as ineffective for the patient; or (C) Any other clinically based prescriber determined need; (2) A generic equivalent is not available; or (3) Section 53-10-210 concerning notification to the patient and the prescriber have not been complied with in instances involving an anti-epileptic drug. (b) If the prescriber determines a brand name drug or drug product is medically necessary for a patient, the prescriber shall, in the prescriber's own handwriting, place the instruction showing intent upon the prescription at the time it is prepared and issued. For the purposes of this subsection (b), instructions showing intent may include, but not be limited to, the following language: (1) "Brand name medically necessary", "dispense as written", "medically necessary", "brand name", "no generic"; (2) Any abbreviation of the language in subdivision (b)(1); or (3) Any other prescriber handwritten notation, such as circling a preprinted instruction to dispense as written on the prescription order, that clearly conveys the intent that a brand name is necessary for this patient. (c) If the prescriber determines a brand name drug or drug product is medically necessary for a patient and that prescription order is issued verbally, the prescriber shall alert the pharmacist that use of the brand name drug or drug product is medically necessary for the patient. (d) If the prescriber determines a brand name drug or drug product is medically necessary for a patient and that prescription order is issued by the prescriber in the form of an electronic prescription order or facsimile prescription order, the prescriber shall place, or cause to be placed, the proper instruction on the electronic prescription order or facsimile prescription order prior to it being transmitted to the pharmacist. (e) Nothing in this section shall be construed to prevent a prescriber from informing a patient of the prescriber's professional opinion as to the capabilities, effectiveness and acceptability of any drug. Acts 2005, ch. 434, § 6; 2006, ch. 564, §§ 1, 2; 2007, ch. 370, § 2.
(a) The prescriber shall allow for substitution with a generic equivalent of a brand name drug or drug product under all circumstances, unless: (1) The prescriber determines the medical necessity of a brand name drug or drug product due to: (A) An adverse reaction previously experienced by the patient to a generic equivalent; (B) A generic equivalent has previously been demonstrated as ineffective for the patient; or (C) Any other clinically based prescriber determined need; (2) A generic equivalent is not available; or (3) Section 53-10-210 concerning notification to the patient and the prescriber have not been complied with in instances involving an anti-epileptic drug.
(1) The prescriber determines the medical necessity of a brand name drug or drug product due to: (A) An adverse reaction previously experienced by the patient to a generic equivalent; (B) A generic equivalent has previously been demonstrated as ineffective for the patient; or (C) Any other clinically based prescriber determined need;
(A) An adverse reaction previously experienced by the patient to a generic equivalent;
(B) A generic equivalent has previously been demonstrated as ineffective for the patient; or
(C) Any other clinically based prescriber determined need;
(2) A generic equivalent is not available; or
(3) Section 53-10-210 concerning notification to the patient and the prescriber have not been complied with in instances involving an anti-epileptic drug.
(b) If the prescriber determines a brand name drug or drug product is medically necessary for a patient, the prescriber shall, in the prescriber's own handwriting, place the instruction showing intent upon the prescription at the time it is prepared and issued. For the purposes of this subsection (b), instructions showing intent may include, but not be limited to, the following language: (1) "Brand name medically necessary", "dispense as written", "medically necessary", "brand name", "no generic"; (2) Any abbreviation of the language in subdivision (b)(1); or (3) Any other prescriber handwritten notation, such as circling a preprinted instruction to dispense as written on the prescription order, that clearly conveys the intent that a brand name is necessary for this patient.
(1) "Brand name medically necessary", "dispense as written", "medically necessary", "brand name", "no generic";
(2) Any abbreviation of the language in subdivision (b)(1); or
(3) Any other prescriber handwritten notation, such as circling a preprinted instruction to dispense as written on the prescription order, that clearly conveys the intent that a brand name is necessary for this patient.
(c) If the prescriber determines a brand name drug or drug product is medically necessary for a patient and that prescription order is issued verbally, the prescriber shall alert the pharmacist that use of the brand name drug or drug product is medically necessary for the patient.
(d) If the prescriber determines a brand name drug or drug product is medically necessary for a patient and that prescription order is issued by the prescriber in the form of an electronic prescription order or facsimile prescription order, the prescriber shall place, or cause to be placed, the proper instruction on the electronic prescription order or facsimile prescription order prior to it being transmitted to the pharmacist.
(e) Nothing in this section shall be construed to prevent a prescriber from informing a patient of the prescriber's professional opinion as to the capabilities, effectiveness and acceptability of any drug.
Acts 2005, ch. 434, § 6; 2006, ch. 564, §§ 1, 2; 2007, ch. 370, § 2.
Tenn. Code Ann. § 53-11-402 — TN Code / Title 53 / Chapter 11 / Section 53-11-402
Fraud - Penalties
Status: in_force

(a) It is unlawful for any person knowingly or intentionally to: (1) Distribute as a registrant a controlled substance classified in Schedule I or II, except pursuant to an order form as required by § 53-11-307 ; (2) Use in the course of the manufacture or distribution of a controlled substance a registration number that is fictitious, revoked, suspended or issued to another person; (3) Acquire or obtain, or attempt to acquire or attempt to obtain, possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge. Any person who violates this subdivision (a)(3) may, upon first conviction, have the sentence suspended and may as a condition of the suspension be required to participate in a program of rehabilitation at a drug treatment facility operated by the state or a comprehensive community mental health center; (4) Furnish false or fraudulent material information in, or omit any material information from, any application, report or other document required to be kept or filed under part 3 of this chapter and this part, or title 39, chapter 17, part 4, or any record required to be kept by part 3 of this chapter and this part, or title 39, chapter 17, part 4; (5) Make, distribute or possess any punch, die, plate, stone or other thing designed to print, imprint or reproduce the trademark, trade name, or other identifying mark, imprint or device of another or any likeness of the trademark, trade name, or other identifying mark, imprint or device of another upon any drug or container or labeling of any drug or container so as to render the drug a counterfeit substance; or (6) Notwithstanding § 71-5-2601 , deceive or fail to disclose to a physician, nurse practitioner, ancillary staff or other health care provider from whom the person obtains a controlled substance or a prescription for a controlled substance that the person has received either the same controlled substance or a prescription for the same controlled substance or a controlled substance of similar therapeutic use or a prescription for a controlled substance of similar therapeutic use from another practitioner within the previous thirty (30) days. (b) (1) A violation of this section is a Class D felony, except that a violation of subdivision (a)(6) is a Class A misdemeanor and any violation of subdivision (a)(6) involving more than two hundred fifty (250) units of a controlled substance is a Class E felony. For purposes of this subdivision (b)(1), a "unit" means an amount of a controlled substance in any form that would equate to the initial single individual dosage recommended by the manufacturer of the controlled substance. (2) Notwithstanding § 40-35-111 , regarding the authorized fine for a Class D felony, the authorized fine for a violation of this section shall be as follows: For a violation involving a Schedule I or II controlled substance $ 100,000 For a violation involving a Schedule III or IV controlled substance 50,000 For a violation involving a Schedule V or VI controlled substance 5,000 For a violation involving a Schedule VII controlled substance 1,000 For any other violation of this section not involving a scheduled controlled substance 20,000 (3) Nothing contained in this section shall preclude a prosecution under the general drug laws. (c) Any person who violates subdivision (a)(3) may, upon first conviction, have the sentence suspended and may as a condition of the suspension be required to participate in a program of rehabilitation at a drug treatment facility operated by the state or a comprehensive community mental health center. Acts 1971, ch. 163, § 29; 1972, ch. 597, §§ 5-7; T.C.A., § 52-1436; Acts 1990, ch. 980, § 14; 2009 , ch. 67, §§ 2, 3; 2012 , ch. 880, § 23.
(a) It is unlawful for any person knowingly or intentionally to: (1) Distribute as a registrant a controlled substance classified in Schedule I or II, except pursuant to an order form as required by § 53-11-307 ; (2) Use in the course of the manufacture or distribution of a controlled substance a registration number that is fictitious, revoked, suspended or issued to another person; (3) Acquire or obtain, or attempt to acquire or attempt to obtain, possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge. Any person who violates this subdivision (a)(3) may, upon first conviction, have the sentence suspended and may as a condition of the suspension be required to participate in a program of rehabilitation at a drug treatment facility operated by the state or a comprehensive community mental health center; (4) Furnish false or fraudulent material information in, or omit any material information from, any application, report or other document required to be kept or filed under part 3 of this chapter and this part, or title 39, chapter 17, part 4, or any record required to be kept by part 3 of this chapter and this part, or title 39, chapter 17, part 4; (5) Make, distribute or possess any punch, die, plate, stone or other thing designed to print, imprint or reproduce the trademark, trade name, or other identifying mark, imprint or device of another or any likeness of the trademark, trade name, or other identifying mark, imprint or device of another upon any drug or container or labeling of any drug or container so as to render the drug a counterfeit substance; or (6) Notwithstanding § 71-5-2601 , deceive or fail to disclose to a physician, nurse practitioner, ancillary staff or other health care provider from whom the person obtains a controlled substance or a prescription for a controlled substance that the person has received either the same controlled substance or a prescription for the same controlled substance or a controlled substance of similar therapeutic use or a prescription for a controlled substance of similar therapeutic use from another practitioner within the previous thirty (30) days.
(1) Distribute as a registrant a controlled substance classified in Schedule I or II, except pursuant to an order form as required by § 53-11-307 ;
(2) Use in the course of the manufacture or distribution of a controlled substance a registration number that is fictitious, revoked, suspended or issued to another person;
(3) Acquire or obtain, or attempt to acquire or attempt to obtain, possession of a controlled substance by misrepresentation, fraud, forgery, deception or subterfuge. Any person who violates this subdivision (a)(3) may, upon first conviction, have the sentence suspended and may as a condition of the suspension be required to participate in a program of rehabilitation at a drug treatment facility operated by the state or a comprehensive community mental health center;
(4) Furnish false or fraudulent material information in, or omit any material information from, any application, report or other document required to be kept or filed under part 3 of this chapter and this part, or title 39, chapter 17, part 4, or any record required to be kept by part 3 of this chapter and this part, or title 39, chapter 17, part 4;
(5) Make, distribute or possess any punch, die, plate, stone or other thing designed to print, imprint or reproduce the trademark, trade name, or other identifying mark, imprint or device of another or any likeness of the trademark, trade name, or other identifying mark, imprint or device of another upon any drug or container or labeling of any drug or container so as to render the drug a counterfeit substance; or
(6) Notwithstanding § 71-5-2601 , deceive or fail to disclose to a physician, nurse practitioner, ancillary staff or other health care provider from whom the person obtains a controlled substance or a prescription for a controlled substance that the person has received either the same controlled substance or a prescription for the same controlled substance or a controlled substance of similar therapeutic use or a prescription for a controlled substance of similar therapeutic use from another practitioner within the previous thirty (30) days.
(b) (1) A violation of this section is a Class D felony, except that a violation of subdivision (a)(6) is a Class A misdemeanor and any violation of subdivision (a)(6) involving more than two hundred fifty (250) units of a controlled substance is a Class E felony. For purposes of this subdivision (b)(1), a "unit" means an amount of a controlled substance in any form that would equate to the initial single individual dosage recommended by the manufacturer of the controlled substance. (2) Notwithstanding § 40-35-111 , regarding the authorized fine for a Class D felony, the authorized fine for a violation of this section shall be as follows: For a violation involving a Schedule I or II controlled substance $ 100,000 For a violation involving a Schedule III or IV controlled substance 50,000 For a violation involving a Schedule V or VI controlled substance 5,000 For a violation involving a Schedule VII controlled substance 1,000 For any other violation of this section not involving a scheduled controlled substance 20,000 (3) Nothing contained in this section shall preclude a prosecution under the general drug laws.
(1) A violation of this section is a Class D felony, except that a violation of subdivision (a)(6) is a Class A misdemeanor and any violation of subdivision (a)(6) involving more than two hundred fifty (250) units of a controlled substance is a Class E felony. For purposes of this subdivision (b)(1), a "unit" means an amount of a controlled substance in any form that would equate to the initial single individual dosage recommended by the manufacturer of the controlled substance.
(2) Notwithstanding § 40-35-111 , regarding the authorized fine for a Class D felony, the authorized fine for a violation of this section shall be as follows: For a violation involving a Schedule I or II controlled substance $ 100,000 For a violation involving a Schedule III or IV controlled substance 50,000 For a violation involving a Schedule V or VI controlled substance 5,000 For a violation involving a Schedule VII controlled substance 1,000 For any other violation of this section not involving a scheduled controlled substance 20,000
For a violation involving a Schedule I or II controlled substance $ 100,000 For a violation involving a Schedule III or IV controlled substance 50,000 For a violation involving a Schedule V or VI controlled substance 5,000 For a violation involving a Schedule VII controlled substance 1,000 For any other violation of this section not involving a scheduled controlled substance 20,000
For a violation involving a Schedule I or II controlled substance
$ 100,000
For a violation involving a Schedule III or IV controlled substance
50,000
For a violation involving a Schedule V or VI controlled substance
5,000
For a violation involving a Schedule VII controlled substance
1,000
For any other violation of this section not involving a scheduled controlled substance
20,000
(3) Nothing contained in this section shall preclude a prosecution under the general drug laws.
(c) Any person who violates subdivision (a)(3) may, upon first conviction, have the sentence suspended and may as a condition of the suspension be required to participate in a program of rehabilitation at a drug treatment facility operated by the state or a comprehensive community mental health center.
Acts 1971, ch. 163, § 29; 1972, ch. 597, §§ 5-7; T.C.A., § 52-1436; Acts 1990, ch. 980, § 14; 2009 , ch. 67, §§ 2, 3; 2012 , ch. 880, § 23.
Tenn. Code Ann. § 53-7-216 — TN Code / Title 53 / Chapter 7 / Section 53-7-216
License required for the operation of an establishment - Application
Status: in_force

(a) No person shall maintain an establishment for the slaughtering of livestock or poultry or the processing of livestock, deer, or poultry without first having secured a license from the department of agriculture and having paid all inspection and license fees. (b) Each separate business location shall be licensed, and the license shall not be transferable. (c) Any person desiring a license shall make written application to the commissioner, stating the information required by the commissioner. (d) Upon receipt of the application, the department shall make an examination and inspection of the establishment, and if it is found to be in a sanitary condition and to conform to the requirements of this part and of the regulations promulgated pursuant to this part, the commissioner, upon receipt of the license and inspection fees provided in § 53-7-219 , shall issue a license authorizing the applicant to carry on the establishment for the slaughtering of livestock or poultry or the processing of livestock, deer, or poultry. (e) The license shall be valid for the remainder of the calendar year for which it is issued. Acts 1967, ch. 99, § 16; T.C.A., § 52-930; Acts 2007, ch. 421, §§ 17, 18.
(a) No person shall maintain an establishment for the slaughtering of livestock or poultry or the processing of livestock, deer, or poultry without first having secured a license from the department of agriculture and having paid all inspection and license fees.
(b) Each separate business location shall be licensed, and the license shall not be transferable.
(c) Any person desiring a license shall make written application to the commissioner, stating the information required by the commissioner.
(d) Upon receipt of the application, the department shall make an examination and inspection of the establishment, and if it is found to be in a sanitary condition and to conform to the requirements of this part and of the regulations promulgated pursuant to this part, the commissioner, upon receipt of the license and inspection fees provided in § 53-7-219 , shall issue a license authorizing the applicant to carry on the establishment for the slaughtering of livestock or poultry or the processing of livestock, deer, or poultry.
(e) The license shall be valid for the remainder of the calendar year for which it is issued.
Acts 1967, ch. 99, § 16; T.C.A., § 52-930; Acts 2007, ch. 421, §§ 17, 18.
Tenn. Code Ann. § 53-13-102 — TN Code / Title 53 / Chapter 13 / Section 53-13-102
Immunity of good-faith donor or gleaner from liability
Status: in_force

(a) (1) The good-faith donor of any apparently wholesome food fit for human consumption shall not be subject to criminal penalty for violation of unfair trade practice laws or civil damages arising from the condition of the food, unless an injury is caused by the gross negligence, recklessness, or intentional conduct of the donor. This subdivision (a)(1) applies if the donor donates the food: (A) Directly to an individual for personal use; or (B) To a bona fide charitable or nonprofit organization for free distribution. (2) Any local education agency may donate any apparently wholesome food fit for human consumption to a county jail, directly to an individual for personal use, or to a bona fide charitable or nonprofit organization for free distribution, and shall not be subject to criminal penalty for violation of unfair trade practice laws or civil damages arising from the condition of the food, unless an injury is caused by the gross negligence, recklessness, or intentional conduct of the agency. (3) A gleaner of any apparently wholesome food fit for human consumption shall not be subject to criminal penalty for violation of unfair trade practice laws or civil damages arising from the condition of the food, unless an injury is caused by the gross negligence, recklessness, or intentional conduct of the gleaner. (b) (1) The good-faith donor of any apparently wholesome deer meat, fit for human consumption, directly to an individual for personal use, to a bona fide charitable or nonprofit organization for free distribution, or to an on-site feeding program, shall not be subject to civil damages arising from the condition of the food, unless an injury is caused by the gross negligence, recklessness, or intentional conduct of the donor. (2) As used in subdivision (b)(1), "good-faith donor" means deer hunters, deer meat inspectors, and processing facilities acting in compliance with applicable standards, requirements, and procedures established by the department of agriculture. (c) A restaurant, convention center, or other food service establishment that serves food and is regulated pursuant to title 68, chapter 14, when acting as a good faith donor of any apparently wholesome food fit for human consumption, directly to an individual for personal use or to a bona fide charitable or nonprofit organization that operates a food bank or on-site feeding program, or both, for free distribution of food to combat poverty and hunger, shall not be subject to criminal penalty for violation of unfair trade practice laws or civil damages arising from the condition of the donated food, unless an injury is caused by the gross negligence, recklessness, or intentional conduct of the donor. Amended by 2020 Tenn. Acts, ch. 592, Secs.s 3, s 4, s 5, s 6 eff. 3/20/2020. Acts 1980, ch. 773, § 1; T.C.A., § 52-1602; Acts 1989, ch. 476, § 2; 1992, ch. 862, §3; 2004, ch. 742, §1; 2010 , ch. 886, § 1.
(a) (1) The good-faith donor of any apparently wholesome food fit for human consumption shall not be subject to criminal penalty for violation of unfair trade practice laws or civil damages arising from the condition of the food, unless an injury is caused by the gross negligence, recklessness, or intentional conduct of the donor. This subdivision (a)(1) applies if the donor donates the food: (A) Directly to an individual for personal use; or (B) To a bona fide charitable or nonprofit organization for free distribution. (2) Any local education agency may donate any apparently wholesome food fit for human consumption to a county jail, directly to an individual for personal use, or to a bona fide charitable or nonprofit organization for free distribution, and shall not be subject to criminal penalty for violation of unfair trade practice laws or civil damages arising from the condition of the food, unless an injury is caused by the gross negligence, recklessness, or intentional conduct of the agency. (3) A gleaner of any apparently wholesome food fit for human consumption shall not be subject to criminal penalty for violation of unfair trade practice laws or civil damages arising from the condition of the food, unless an injury is caused by the gross negligence, recklessness, or intentional conduct of the gleaner.
(1) The good-faith donor of any apparently wholesome food fit for human consumption shall not be subject to criminal penalty for violation of unfair trade practice laws or civil damages arising from the condition of the food, unless an injury is caused by the gross negligence, recklessness, or intentional conduct of the donor. This subdivision (a)(1) applies if the donor donates the food: (A) Directly to an individual for personal use; or (B) To a bona fide charitable or nonprofit organization for free distribution.
(A) Directly to an individual for personal use; or
(B) To a bona fide charitable or nonprofit organization for free distribution.
(2) Any local education agency may donate any apparently wholesome food fit for human consumption to a county jail, directly to an individual for personal use, or to a bona fide charitable or nonprofit organization for free distribution, and shall not be subject to criminal penalty for violation of unfair trade practice laws or civil damages arising from the condition of the food, unless an injury is caused by the gross negligence, recklessness, or intentional conduct of the agency.
(3) A gleaner of any apparently wholesome food fit for human consumption shall not be subject to criminal penalty for violation of unfair trade practice laws or civil damages arising from the condition of the food, unless an injury is caused by the gross negligence, recklessness, or intentional conduct of the gleaner.
(b) (1) The good-faith donor of any apparently wholesome deer meat, fit for human consumption, directly to an individual for personal use, to a bona fide charitable or nonprofit organization for free distribution, or to an on-site feeding program, shall not be subject to civil damages arising from the condition of the food, unless an injury is caused by the gross negligence, recklessness, or intentional conduct of the donor. (2) As used in subdivision (b)(1), "good-faith donor" means deer hunters, deer meat inspectors, and processing facilities acting in compliance with applicable standards, requirements, and procedures established by the department of agriculture.
(1) The good-faith donor of any apparently wholesome deer meat, fit for human consumption, directly to an individual for personal use, to a bona fide charitable or nonprofit organization for free distribution, or to an on-site feeding program, shall not be subject to civil damages arising from the condition of the food, unless an injury is caused by the gross negligence, recklessness, or intentional conduct of the donor.
(2) As used in subdivision (b)(1), "good-faith donor" means deer hunters, deer meat inspectors, and processing facilities acting in compliance with applicable standards, requirements, and procedures established by the department of agriculture.
(c) A restaurant, convention center, or other food service establishment that serves food and is regulated pursuant to title 68, chapter 14, when acting as a good faith donor of any apparently wholesome food fit for human consumption, directly to an individual for personal use or to a bona fide charitable or nonprofit organization that operates a food bank or on-site feeding program, or both, for free distribution of food to combat poverty and hunger, shall not be subject to criminal penalty for violation of unfair trade practice laws or civil damages arising from the condition of the donated food, unless an injury is caused by the gross negligence, recklessness, or intentional conduct of the donor.
Amended by 2020 Tenn. Acts, ch. 592, Secs.s 3, s 4, s 5, s 6 eff. 3/20/2020.
Acts 1980, ch. 773, § 1; T.C.A., § 52-1602; Acts 1989, ch. 476, § 2; 1992, ch. 862, §3; 2004, ch. 742, §1; 2010 , ch. 886, § 1.
Tenn. Code Ann. § 53-2-103 — TN Code / Title 53 / Chapter 2 / Section 53-2-103
[Repealed]
Status: repealed

Repealed by 2020 Tenn. Acts, ch. 727, s 2, eff. 6/22/2020. Acts 1951, ch. 124, § 3 (Williams, § 6579.31); 1959, ch. 117, §1; T.C.A. (orig. ed.), § 52-203.
Repealed by 2020 Tenn. Acts, ch. 727, s 2, eff. 6/22/2020.
Acts 1951, ch. 124, § 3 (Williams, § 6579.31); 1959, ch. 117, §1; T.C.A. (orig. ed.), § 52-203.
Tenn. Code Ann. § 53-13-103 — TN Code / Title 53 / Chapter 13 / Section 53-13-103
Immunity of distributing organization from liability
Status: in_force

(a) A bona fide charitable or nonprofit organization that in good faith receives apparently wholesome food, fit for human consumption, and distributes it, shall not be subject to criminal penalty for violation of unfair trade practice laws or civil damages resulting from the condition of the food, unless an injury results from the gross negligence, recklessness or intentional conduct of the organization. (b) (1) A bona fide charitable or nonprofit organization that in good faith receives apparently wholesome deer meat, fit for human consumption, and distributes or serves it, shall not be subject to civil damages resulting from the condition of the food, unless an injury results from the gross negligence, recklessness, or intentional conduct of the organization. (2) As used in subdivision (b)(1), "bona fide charitable or nonprofit organization" means an organization that operates a food bank or on-site feeding program to combat poverty and hunger and that acts in compliance with applicable standards, requirements, and procedures established by the department of agriculture. Amended by 2020 Tenn. Acts, ch. 592, Secs.s7, s8 eff. 3/20/2020. Acts 1980, ch. 773, § 1; T.C.A., § 52-1603; Acts 1989, ch. 476, § 3; 1992, ch. 862, § 4.
(a) A bona fide charitable or nonprofit organization that in good faith receives apparently wholesome food, fit for human consumption, and distributes it, shall not be subject to criminal penalty for violation of unfair trade practice laws or civil damages resulting from the condition of the food, unless an injury results from the gross negligence, recklessness or intentional conduct of the organization.
(b) (1) A bona fide charitable or nonprofit organization that in good faith receives apparently wholesome deer meat, fit for human consumption, and distributes or serves it, shall not be subject to civil damages resulting from the condition of the food, unless an injury results from the gross negligence, recklessness, or intentional conduct of the organization. (2) As used in subdivision (b)(1), "bona fide charitable or nonprofit organization" means an organization that operates a food bank or on-site feeding program to combat poverty and hunger and that acts in compliance with applicable standards, requirements, and procedures established by the department of agriculture.
(1) A bona fide charitable or nonprofit organization that in good faith receives apparently wholesome deer meat, fit for human consumption, and distributes or serves it, shall not be subject to civil damages resulting from the condition of the food, unless an injury results from the gross negligence, recklessness, or intentional conduct of the organization.
(2) As used in subdivision (b)(1), "bona fide charitable or nonprofit organization" means an organization that operates a food bank or on-site feeding program to combat poverty and hunger and that acts in compliance with applicable standards, requirements, and procedures established by the department of agriculture.
Amended by 2020 Tenn. Acts, ch. 592, Secs.s7, s8 eff. 3/20/2020.
Acts 1980, ch. 773, § 1; T.C.A., § 52-1603; Acts 1989, ch. 476, § 3; 1992, ch. 862, § 4.
Tenn. Code Ann. § 53-3-105 — TN Code / Title 53 / Chapter 3 / Section 53-3-105
Samplers and testers licenses
Status: in_force

(a) Samplers License and Fee. Every person receiving or buying milk or cream on the basis of its chemical or physical constituents shall be, or have in the person's employ, in or on each milk transport tank truck, a licensed milk sampler or tester. Application to become a licensed sampler shall be made to the commissioner on forms the commissioner may prescribe. The license shall expire on July 1 of each succeeding year. In order to qualify for a license, the applicant shall satisfy to the commissioner, either by a written examination or otherwise, that the applicant is honest and competent to do sampling work. An identification card stating the applicant's name and address and bearing the same number as the applicant's license shall be issued to the applicant at the time the applicant's license is issued and shall be carried on the applicant's person at all times while on duty. The annual license fee for a sampler shall be set by rule pursuant to § 43-1-703 . (b) Milk Testers License and Fee. Every person receiving or buying milk or cream on the basis of its chemical or physical constituents shall be, or have in the person's employ, a licensed milk tester to make the official analysis; and no other person shall be allowed to make the tests in any creamery, cheese factory, milk depot, milk plant, ice cream factory, cream station, milk condensery, or similar plant where milk or cream is bought or received on a basis of its chemical or physical constituents. Application to become a licensed milk tester shall be made to the commissioner on forms the commissioner may prescribe. If the applicant is found upon examination to be qualified and competent, the commissioner shall issue a license to the applicant. Licenses issued in accordance with this section shall be posted conspicuously in the tester's place of business. Licensed testers are also qualified and permitted to act as samplers. The annual license fee for a tester shall be set by rule pursuant to § 43-1-703 . Amended by 2015 Tenn. Acts, ch. 485,s 33, eff. 7/1/2015. Acts 1970, ch. 577, § 2; T.C.A., § 52-305; Acts 2002, ch. 640, §§ 23, 24.
(a) Samplers License and Fee. Every person receiving or buying milk or cream on the basis of its chemical or physical constituents shall be, or have in the person's employ, in or on each milk transport tank truck, a licensed milk sampler or tester. Application to become a licensed sampler shall be made to the commissioner on forms the commissioner may prescribe. The license shall expire on July 1 of each succeeding year. In order to qualify for a license, the applicant shall satisfy to the commissioner, either by a written examination or otherwise, that the applicant is honest and competent to do sampling work. An identification card stating the applicant's name and address and bearing the same number as the applicant's license shall be issued to the applicant at the time the applicant's license is issued and shall be carried on the applicant's person at all times while on duty. The annual license fee for a sampler shall be set by rule pursuant to § 43-1-703 .
(b) Milk Testers License and Fee. Every person receiving or buying milk or cream on the basis of its chemical or physical constituents shall be, or have in the person's employ, a licensed milk tester to make the official analysis; and no other person shall be allowed to make the tests in any creamery, cheese factory, milk depot, milk plant, ice cream factory, cream station, milk condensery, or similar plant where milk or cream is bought or received on a basis of its chemical or physical constituents. Application to become a licensed milk tester shall be made to the commissioner on forms the commissioner may prescribe. If the applicant is found upon examination to be qualified and competent, the commissioner shall issue a license to the applicant. Licenses issued in accordance with this section shall be posted conspicuously in the tester's place of business. Licensed testers are also qualified and permitted to act as samplers. The annual license fee for a tester shall be set by rule pursuant to § 43-1-703 .
Amended by 2015 Tenn. Acts, ch. 485,s 33, eff. 7/1/2015.
Acts 1970, ch. 577, § 2; T.C.A., § 52-305; Acts 2002, ch. 640, §§ 23, 24.
Tenn. Code Ann. § 53-10-113 — TN Code / Title 53 / Chapter 10 / Section 53-10-113
Off-label drug use
Status: in_force

(a) As used in this section, and unless the context otherwise requires: (1) "Misbranding" means either the federal definition under 21 U.S.C. § 352 or drugs or devices that are misbranded under § 53-10-106 ; and (2) "Off-label" means the use of a United States food and drug administration (FDA) approved drug, biological product, or device other than the use or uses approved by the FDA. (b) (1) A pharmaceutical manufacturer or its representatives may engage in truthful promotion of off-label uses. (2) This section does not require a health insurance entity, as defined in § 56-7-109 , other third-party payer, or other health plan sponsor to provide coverage for the cost of any off-label treatment. A health insurance entity, other third-party payer, or other health plan sponsor may provide coverage for an off-label treatment. (c) (1) Notwithstanding any other law, no official, employee, or agent of this state shall enforce or apply § 53-10-106(a)(2) against or otherwise prosecute a pharmaceutical manufacturer or its representatives for engaging in truthful promotion of off-label uses. (2) Notwithstanding any other law, no state regulatory board may revoke, fail to renew or take any other action against a pharmaceutical manufacturer's or representative's, healthcare institution's, or physician's license solely for engaging in truthful promotion of off-label uses. Acts 2018 , ch. 893, § 1.
(a) As used in this section, and unless the context otherwise requires: (1) "Misbranding" means either the federal definition under 21 U.S.C. § 352 or drugs or devices that are misbranded under § 53-10-106 ; and (2) "Off-label" means the use of a United States food and drug administration (FDA) approved drug, biological product, or device other than the use or uses approved by the FDA.
(1) "Misbranding" means either the federal definition under 21 U.S.C. § 352 or drugs or devices that are misbranded under § 53-10-106 ; and
(2) "Off-label" means the use of a United States food and drug administration (FDA) approved drug, biological product, or device other than the use or uses approved by the FDA.
(b) (1) A pharmaceutical manufacturer or its representatives may engage in truthful promotion of off-label uses. (2) This section does not require a health insurance entity, as defined in § 56-7-109 , other third-party payer, or other health plan sponsor to provide coverage for the cost of any off-label treatment. A health insurance entity, other third-party payer, or other health plan sponsor may provide coverage for an off-label treatment.
(1) A pharmaceutical manufacturer or its representatives may engage in truthful promotion of off-label uses.
(2) This section does not require a health insurance entity, as defined in § 56-7-109 , other third-party payer, or other health plan sponsor to provide coverage for the cost of any off-label treatment. A health insurance entity, other third-party payer, or other health plan sponsor may provide coverage for an off-label treatment.
(c) (1) Notwithstanding any other law, no official, employee, or agent of this state shall enforce or apply § 53-10-106(a)(2) against or otherwise prosecute a pharmaceutical manufacturer or its representatives for engaging in truthful promotion of off-label uses. (2) Notwithstanding any other law, no state regulatory board may revoke, fail to renew or take any other action against a pharmaceutical manufacturer's or representative's, healthcare institution's, or physician's license solely for engaging in truthful promotion of off-label uses.
(1) Notwithstanding any other law, no official, employee, or agent of this state shall enforce or apply § 53-10-106(a)(2) against or otherwise prosecute a pharmaceutical manufacturer or its representatives for engaging in truthful promotion of off-label uses.
(2) Notwithstanding any other law, no state regulatory board may revoke, fail to renew or take any other action against a pharmaceutical manufacturer's or representative's, healthcare institution's, or physician's license solely for engaging in truthful promotion of off-label uses.
Acts 2018 , ch. 893, § 1.
Tenn. Code Ann. § 53-2-101 — TN Code / Title 53 / Chapter 2 / Section 53-2-101
[Repealed]
Status: repealed

Repealed by 2020 Tenn. Acts, ch. 727, s 2, eff. 6/22/2020. Acts 1951, ch. 124, § 1 (Williams, § 6579.29); T.C.A. (orig. ed.), § 52-201.
Repealed by 2020 Tenn. Acts, ch. 727, s 2, eff. 6/22/2020.
Acts 1951, ch. 124, § 1 (Williams, § 6579.29); T.C.A. (orig. ed.), § 52-201.
Tenn. Code Ann. § 53-7-221 — TN Code / Title 53 / Chapter 7 / Section 53-7-221
[See Note] State cooperation with federal and local entities - Expenditure funding
Status: in_force

(a) The commissioner is designated as the state official responsible for cooperating with the United States secretary of agriculture under the federal Meat Inspection Act ( 21 U.S.C. § 601 et seq.). The commissioner shall cooperate with the United States secretary of agriculture in developing and administering the meat inspection program of this state under this part to assure that its requirements will be at least equal to those imposed by the federal Meat Inspection Act ( 21 U.S.C. § 601 et seq.), and in developing and administering the program of this state under this part in a manner that will effectuate the purposes of this part and federal law. (b) The commissioner may accept from the United States secretary of agriculture advisory assistance in planning and developing the state program, technical and laboratory assistance and training, and financial and other aid for administration of the program. (c) The commissioner may spend public funds of this state, subject to appropriation in the general appropriations act, for administration of this part to pay this state's cost of the cooperative programs developed under this section. (d) The commissioner may recommend to the United States secretary of agriculture such officials or employees of this state as the commissioner designates for appointment to the advisory committee provided for in 21 U.S.C. § 661(a)(4) , and the commissioner shall serve as the representative of the governor of this state for consultation with the United States secretary of agriculture under 21 U.S.C. § 661(c) , unless the governor designates another representative. (e) For the purpose of preventing and eliminating burdens on intrastate commerce with respect to meat and meat products, the jurisdiction of the commissioner within the scope of this part is exclusive, and a county or municipal board of health or other county or municipal agency does not have any power or jurisdiction to regulate the slaughtering of any livestock or the processing or transportation of the carcasses or parts thereof or the meat and meat food products of such animals, nor does any county or municipal board of health or other county or municipal agency have any power or jurisdiction with regard to the inspections provided for in this part, nor with respect to any other activity committed to the authority of the commissioner by this part. (f) (1) In carrying out this part, the commissioner may cooperate with all other branches of government, county and municipal, and with county and municipal health departments or other agencies and may conduct such examinations, investigations, and inspections as provided for in this part and as the commissioner determines practical through any officer or employee of this state or any municipality or county in this state qualified for such purpose. (2) The commissioner may contract with any municipal or county health departments to carry out the duties and requirements of this part. Any municipal or county health department may contract with the commissioner for the purpose of meeting the requirements of this part. (g) This section does not preclude or restrict any municipality or county from the exercise of its police powers with regard to the establishment and maintenance of the facilities at which the activities regulated by this part are conducted. Added by 2023 Tenn. Acts, ch. 380, s 4, eff. .
(a) The commissioner is designated as the state official responsible for cooperating with the United States secretary of agriculture under the federal Meat Inspection Act ( 21 U.S.C. § 601 et seq.). The commissioner shall cooperate with the United States secretary of agriculture in developing and administering the meat inspection program of this state under this part to assure that its requirements will be at least equal to those imposed by the federal Meat Inspection Act ( 21 U.S.C. § 601 et seq.), and in developing and administering the program of this state under this part in a manner that will effectuate the purposes of this part and federal law.
(b) The commissioner may accept from the United States secretary of agriculture advisory assistance in planning and developing the state program, technical and laboratory assistance and training, and financial and other aid for administration of the program.
(c) The commissioner may spend public funds of this state, subject to appropriation in the general appropriations act, for administration of this part to pay this state's cost of the cooperative programs developed under this section.
(d) The commissioner may recommend to the United States secretary of agriculture such officials or employees of this state as the commissioner designates for appointment to the advisory committee provided for in 21 U.S.C. § 661(a)(4) , and the commissioner shall serve as the representative of the governor of this state for consultation with the United States secretary of agriculture under 21 U.S.C. § 661(c) , unless the governor designates another representative.
(e) For the purpose of preventing and eliminating burdens on intrastate commerce with respect to meat and meat products, the jurisdiction of the commissioner within the scope of this part is exclusive, and a county or municipal board of health or other county or municipal agency does not have any power or jurisdiction to regulate the slaughtering of any livestock or the processing or transportation of the carcasses or parts thereof or the meat and meat food products of such animals, nor does any county or municipal board of health or other county or municipal agency have any power or jurisdiction with regard to the inspections provided for in this part, nor with respect to any other activity committed to the authority of the commissioner by this part.
(f) (1) In carrying out this part, the commissioner may cooperate with all other branches of government, county and municipal, and with county and municipal health departments or other agencies and may conduct such examinations, investigations, and inspections as provided for in this part and as the commissioner determines practical through any officer or employee of this state or any municipality or county in this state qualified for such purpose. (2) The commissioner may contract with any municipal or county health departments to carry out the duties and requirements of this part. Any municipal or county health department may contract with the commissioner for the purpose of meeting the requirements of this part.
(1) In carrying out this part, the commissioner may cooperate with all other branches of government, county and municipal, and with county and municipal health departments or other agencies and may conduct such examinations, investigations, and inspections as provided for in this part and as the commissioner determines practical through any officer or employee of this state or any municipality or county in this state qualified for such purpose.
(2) The commissioner may contract with any municipal or county health departments to carry out the duties and requirements of this part. Any municipal or county health department may contract with the commissioner for the purpose of meeting the requirements of this part.
(g) This section does not preclude or restrict any municipality or county from the exercise of its police powers with regard to the establishment and maintenance of the facilities at which the activities regulated by this part are conducted.
Added by 2023 Tenn. Acts, ch. 380, s 4, eff. .