Tenn. Code Ann. § 43-38-502 — TN Code / Title 43 / Chapter 38 / Section 43-38-502
Termination of membership
Status: in_force

(a) A member always has the power to terminate membership by withdrawing at any time. Unless otherwise provided in this chapter, the articles or the bylaws, any other withdrawal or termination shall be deemed wrongful. (b) Unless otherwise provided in the articles, a member may not be expelled. (c) If, for any reason, the continued membership of a member is terminated: (1) If the existence and business of the cooperative is continued, then the member whose membership has terminated loses all governance rights and will be considered merely an assignee of the financial rights, owned before the termination of membership; or (2) Unless the articles or bylaws provide otherwise, if the existence and business of the cooperative is not continued, the member whose continued membership has terminated, except through wrongful withdrawal or wrongful termination, retains all governance rights owned before the termination of the membership and may exercise those rights through the winding up and termination of the cooperative. (d) If a member withdraws in contravention of the articles or bylaws, then: (1) The member who has wrongfully withdrawn forfeits governance rights in the winding up and termination process or in the continued business; and (2) The member who has wrongfully withdrawn is liable to all the other members and to the cooperative to the extent damaged, including the loss of foregone profits, by the wrongful withdrawal. These damages may be offset against any amount to be paid to the wrongfully withdrawing or terminating by the cooperative. (e) If the business and existence of the cooperative are continued, any withdrawing or terminating member, whether the withdrawal or termination was wrongful or otherwise, is entitled to receive, subject to subsection (d), the lesser of the fair market value of the withdrawing or terminating member's interest determined on a going concern basis or the fair market value of the withdrawing member's interest determined on a liquidated basis. (f) Except as provided in subsection (d), if the business and existence of the cooperative are not continued, then any withdrawing or terminating member, whether the withdrawal or termination was wrongful or otherwise, is entitled to receive that member's distribution under § 43-38-1009 . (g) Except as provided in the articles or bylaws, any amount to which a withdrawing or terminating member is entitled under subsection (e) or (f) shall be paid to the withdrawing or terminating member within six (6) months of the determination of the amount. (h) Notwithstanding other provisions in this section, the articles or bylaws may establish the amount to be paid a withdrawing or terminating member or a method for establishing the amount and may also establish the terms of payment of the amount. The established amount, or the method of determining the amount, and the established terms of payment shall control. Acts 2004, ch. 534, § 15.
(a) A member always has the power to terminate membership by withdrawing at any time. Unless otherwise provided in this chapter, the articles or the bylaws, any other withdrawal or termination shall be deemed wrongful.
(b) Unless otherwise provided in the articles, a member may not be expelled.
(c) If, for any reason, the continued membership of a member is terminated: (1) If the existence and business of the cooperative is continued, then the member whose membership has terminated loses all governance rights and will be considered merely an assignee of the financial rights, owned before the termination of membership; or (2) Unless the articles or bylaws provide otherwise, if the existence and business of the cooperative is not continued, the member whose continued membership has terminated, except through wrongful withdrawal or wrongful termination, retains all governance rights owned before the termination of the membership and may exercise those rights through the winding up and termination of the cooperative.
(1) If the existence and business of the cooperative is continued, then the member whose membership has terminated loses all governance rights and will be considered merely an assignee of the financial rights, owned before the termination of membership; or
(2) Unless the articles or bylaws provide otherwise, if the existence and business of the cooperative is not continued, the member whose continued membership has terminated, except through wrongful withdrawal or wrongful termination, retains all governance rights owned before the termination of the membership and may exercise those rights through the winding up and termination of the cooperative.
(d) If a member withdraws in contravention of the articles or bylaws, then: (1) The member who has wrongfully withdrawn forfeits governance rights in the winding up and termination process or in the continued business; and (2) The member who has wrongfully withdrawn is liable to all the other members and to the cooperative to the extent damaged, including the loss of foregone profits, by the wrongful withdrawal. These damages may be offset against any amount to be paid to the wrongfully withdrawing or terminating by the cooperative.
(1) The member who has wrongfully withdrawn forfeits governance rights in the winding up and termination process or in the continued business; and
(2) The member who has wrongfully withdrawn is liable to all the other members and to the cooperative to the extent damaged, including the loss of foregone profits, by the wrongful withdrawal. These damages may be offset against any amount to be paid to the wrongfully withdrawing or terminating by the cooperative.
(e) If the business and existence of the cooperative are continued, any withdrawing or terminating member, whether the withdrawal or termination was wrongful or otherwise, is entitled to receive, subject to subsection (d), the lesser of the fair market value of the withdrawing or terminating member's interest determined on a going concern basis or the fair market value of the withdrawing member's interest determined on a liquidated basis.
(f) Except as provided in subsection (d), if the business and existence of the cooperative are not continued, then any withdrawing or terminating member, whether the withdrawal or termination was wrongful or otherwise, is entitled to receive that member's distribution under § 43-38-1009 .
(g) Except as provided in the articles or bylaws, any amount to which a withdrawing or terminating member is entitled under subsection (e) or (f) shall be paid to the withdrawing or terminating member within six (6) months of the determination of the amount.
(h) Notwithstanding other provisions in this section, the articles or bylaws may establish the amount to be paid a withdrawing or terminating member or a method for establishing the amount and may also establish the terms of payment of the amount. The established amount, or the method of determining the amount, and the established terms of payment shall control.
Acts 2004, ch. 534, § 15.
Tenn. Code Ann. § 43-32-105 — TN Code / Title 43 / Chapter 32 / Section 43-32-105
Licensing requirements - Application
Status: in_force

(a) No person shall engage in business as a commodity dealer or warehouseman in the state of Tennessee without a license therefor issued by the department. (b) Application for a license to engage in business as a commodity dealer or warehouseman shall be filed with the department and shall contain information and be in a form as prescribed by the department by lawfully promulgated rule. (c) The application for an initial license may be filed at any time prior to beginning business as a commodity dealer or warehouseman. However, the license shall terminate ninety (90) days after the close of the commodity dealer's or warehouseman's fiscal year. (d) The application for a renewal of a license shall be filed with the department annually within ninety (90) days after the close of the commodity dealer's or warehouseman's last completed fiscal year or within such further time, not exceeding sixty (60) days, as the department, upon application, may allow. (e) For all commodity dealer or warehouseman licenses, with the exception of incidental commodity dealers, nonsecured, the application shall be accompanied by a financial statement setting forth information as prescribed by the commissioner by lawfully promulgated rule. (f) The application for a license to operate as a commodity dealer or warehouseman, as defined in this chapter, or a renewal thereof, shall be accompanied by a filing fee of one hundred fifty dollars ($150). The application for a license to operate as an incidental commodity dealer as defined in this chapter, or a renewal thereof, shall be accompanied by a filing fee of fifty dollars ($50.00). (g) The license or renewal thereof issued by the department under this section shall be posted in the principal office of the licensee in this state. A certificate shall be posted in each location listed on a licensee's application where the licensee engages in the business of buying or storing commodities. In the case of a licensee operating a truck or tractor trailer unit, the licensee is required to have a certificate that the license is in effect, and that a bond or certificate of deposit has been filed, carried in each truck or tractor trailer unit used in connection with the purchase of commodities from producers. Upon request of a licensee and payment of the fee therefor, the department shall issue to the licensee a certificate that a license has been issued or renewed and a bond filed as required by this chapter. (h) The license issued to an incidental commodity dealer, nonsecured shall clearly state: "Producers are not eligible to receive indemnification from the Tennessee grain indemnity fund if payment is not made for commodities delivered to this dealer." Additionally, this statement shall also be posted adjacent to the license issued to the dealer in the location required by this part. The notice shall be in print no smaller than two inches (2") in letter height. This statement shall also be placed on the receipt or scale ticket issued to the seller, with a place for the seller's signature provided on each receipt or scale ticket. The signature of the seller or the seller's representative shall be affixed to each receipt or scale ticket. Acts 1989, ch. 232, § 5; 2006, ch. 656, §§ 2, 3.
(a) No person shall engage in business as a commodity dealer or warehouseman in the state of Tennessee without a license therefor issued by the department.
(b) Application for a license to engage in business as a commodity dealer or warehouseman shall be filed with the department and shall contain information and be in a form as prescribed by the department by lawfully promulgated rule.
(c) The application for an initial license may be filed at any time prior to beginning business as a commodity dealer or warehouseman. However, the license shall terminate ninety (90) days after the close of the commodity dealer's or warehouseman's fiscal year.
(d) The application for a renewal of a license shall be filed with the department annually within ninety (90) days after the close of the commodity dealer's or warehouseman's last completed fiscal year or within such further time, not exceeding sixty (60) days, as the department, upon application, may allow.
(e) For all commodity dealer or warehouseman licenses, with the exception of incidental commodity dealers, nonsecured, the application shall be accompanied by a financial statement setting forth information as prescribed by the commissioner by lawfully promulgated rule.
(f) The application for a license to operate as a commodity dealer or warehouseman, as defined in this chapter, or a renewal thereof, shall be accompanied by a filing fee of one hundred fifty dollars ($150). The application for a license to operate as an incidental commodity dealer as defined in this chapter, or a renewal thereof, shall be accompanied by a filing fee of fifty dollars ($50.00).
(g) The license or renewal thereof issued by the department under this section shall be posted in the principal office of the licensee in this state. A certificate shall be posted in each location listed on a licensee's application where the licensee engages in the business of buying or storing commodities. In the case of a licensee operating a truck or tractor trailer unit, the licensee is required to have a certificate that the license is in effect, and that a bond or certificate of deposit has been filed, carried in each truck or tractor trailer unit used in connection with the purchase of commodities from producers. Upon request of a licensee and payment of the fee therefor, the department shall issue to the licensee a certificate that a license has been issued or renewed and a bond filed as required by this chapter.
(h) The license issued to an incidental commodity dealer, nonsecured shall clearly state: "Producers are not eligible to receive indemnification from the Tennessee grain indemnity fund if payment is not made for commodities delivered to this dealer." Additionally, this statement shall also be posted adjacent to the license issued to the dealer in the location required by this part. The notice shall be in print no smaller than two inches (2") in letter height. This statement shall also be placed on the receipt or scale ticket issued to the seller, with a place for the seller's signature provided on each receipt or scale ticket. The signature of the seller or the seller's representative shall be affixed to each receipt or scale ticket.
Acts 1989, ch. 232, § 5; 2006, ch. 656, §§ 2, 3.
Tenn. Code Ann. § 43-38-501 — TN Code / Title 43 / Chapter 38 / Section 43-38-501
Amount and division of membership of interests - Selling and transferring interests - Purchasing interests - Dissent
Status: in_force

(a) The authorized amount and divisions of patron membership interests and nonpatron membership interests may be increased or decreased or established or altered, in accordance with the restrictions in this chapter by amending the articles at a regular members' meeting or at a special members' meeting called for the purpose of the amendment. (b) Authorized membership interests may be issued pursuant to contribution agreements containing the terms and conditions prescribed in the articles or bylaws, or if authorized in the articles or bylaws as determined by the board. The cooperative shall disclose to any person or entity acquiring membership interests to be issued by the cooperative, the organization, capital structure and known business prospects and risks of the cooperative, the nature of the governance and financial rights of the membership interest being acquired and of other classes of membership and membership interests. The cooperative shall notify all members of the membership interests being offered by the cooperative. A membership interest may not be issued until the subscription price of the membership interest has been paid for in cash or a cash equivalent or property with the value of the property to be contributed approved by the board. (c) The patron membership interests collectively shall have not less than fifteen percent (15%) of the cooperative's financial rights to profit allocations and distributions. (d) After issuance by the cooperative, membership interests in a cooperative may only be sold or transferred in accordance with §§ 43-38-504 and 43-38-505 , in each instance, with the approval of the board. (e) The cooperative may solicit and issue nonpatron membership interests on terms and conditions determined by the board and disclosed in the articles, bylaws or by separate disclosure to the members. Each member acquiring nonpatron membership interests shall sign a member control agreement or agree to the conditions of the bylaws, either of which shall describe the rights and obligations of the member as it relates to the nonpatron membership interests, the financial and governance rights, the transferability of the nonpatron membership interests, the division and allocations of profits and losses among the membership interests and membership classes, and financial rights upon liquidation. If the bylaws do not otherwise provide for the allocation of the profits and losses between patron membership interests and nonpatron membership interests, then the allocation of profits and losses among nonpatron membership interests individually and patron membership interests collectively shall be allocated on the basis of the value of contributions to capital made according to the patron membership interests collectively and the nonpatron membership interests individually to the extent the contributions have been accepted by the cooperative. Distributions of cash or other assets of the cooperative shall be allocated among the membership interests as provided in the articles and bylaws, subject to this chapter. If not otherwise provided, distributions shall be made on the basis of value of the capital contributions of the patron membership interests collectively and the nonpatron membership interests to the extent the contributions have been accepted by the cooperative. (f) The bylaws may provide that the cooperative or the patron members, individually or collectively, have the first privilege of purchasing the membership interests of any class of membership interests offered for sale. The first privilege to purchase membership interests may be satisfied by notice to other members that the membership interests are for sale and a procedure by which members may proceed to attempt to purchase and acquire the membership interests. A membership interest acquired by the cooperative may be held to be reissued or may be retired and cancelled. (g) Subject to the provisions in the bylaws, a member may dissent from and obtain payment for the fair value of the member's nonpatron membership interests in the cooperative if the articles or bylaws are amended in a manner that materially and adversely affects the rights and preferences of the nonpatron membership interests of the dissenting member. The dissenting member shall file a notice of intent to demand fair value of the membership interest with the records officer of the cooperative within thirty (30) days after the amendment of the bylaws and notice of the amendment to members; otherwise, the right of the dissenting member to demand payment of fair value for the membership interest is deemed to be waived. If a proposed amendment of the articles or bylaws shall be approved by the members, a member who is entitled to dissent and who wishes to exercise dissenter's rights shall file a notice to demand fair value of the membership interest with the records officer of the cooperative before the vote on the proposed action and shall not vote in favor of the proposed action; otherwise, the right to demand fair value for the membership interest by the dissenting member is deemed waived. After receipt of the dissenting member's demand notice and approval of the amendment, the cooperative has sixty (60) days to rescind the amendment or otherwise the cooperative shall remit the fair value for the one (1) member's interest to the dissenting member by one hundred eighty (180) days after receipt of the notice. Upon receipt of the fair value for the membership interest, the member has no further member rights in the cooperative. Acts 2004, ch. 534, § 14.
(a) The authorized amount and divisions of patron membership interests and nonpatron membership interests may be increased or decreased or established or altered, in accordance with the restrictions in this chapter by amending the articles at a regular members' meeting or at a special members' meeting called for the purpose of the amendment.
(b) Authorized membership interests may be issued pursuant to contribution agreements containing the terms and conditions prescribed in the articles or bylaws, or if authorized in the articles or bylaws as determined by the board. The cooperative shall disclose to any person or entity acquiring membership interests to be issued by the cooperative, the organization, capital structure and known business prospects and risks of the cooperative, the nature of the governance and financial rights of the membership interest being acquired and of other classes of membership and membership interests. The cooperative shall notify all members of the membership interests being offered by the cooperative. A membership interest may not be issued until the subscription price of the membership interest has been paid for in cash or a cash equivalent or property with the value of the property to be contributed approved by the board.
(c) The patron membership interests collectively shall have not less than fifteen percent (15%) of the cooperative's financial rights to profit allocations and distributions.
(d) After issuance by the cooperative, membership interests in a cooperative may only be sold or transferred in accordance with §§ 43-38-504 and 43-38-505 , in each instance, with the approval of the board.
(e) The cooperative may solicit and issue nonpatron membership interests on terms and conditions determined by the board and disclosed in the articles, bylaws or by separate disclosure to the members. Each member acquiring nonpatron membership interests shall sign a member control agreement or agree to the conditions of the bylaws, either of which shall describe the rights and obligations of the member as it relates to the nonpatron membership interests, the financial and governance rights, the transferability of the nonpatron membership interests, the division and allocations of profits and losses among the membership interests and membership classes, and financial rights upon liquidation. If the bylaws do not otherwise provide for the allocation of the profits and losses between patron membership interests and nonpatron membership interests, then the allocation of profits and losses among nonpatron membership interests individually and patron membership interests collectively shall be allocated on the basis of the value of contributions to capital made according to the patron membership interests collectively and the nonpatron membership interests individually to the extent the contributions have been accepted by the cooperative. Distributions of cash or other assets of the cooperative shall be allocated among the membership interests as provided in the articles and bylaws, subject to this chapter. If not otherwise provided, distributions shall be made on the basis of value of the capital contributions of the patron membership interests collectively and the nonpatron membership interests to the extent the contributions have been accepted by the cooperative.
(f) The bylaws may provide that the cooperative or the patron members, individually or collectively, have the first privilege of purchasing the membership interests of any class of membership interests offered for sale. The first privilege to purchase membership interests may be satisfied by notice to other members that the membership interests are for sale and a procedure by which members may proceed to attempt to purchase and acquire the membership interests. A membership interest acquired by the cooperative may be held to be reissued or may be retired and cancelled.
(g) Subject to the provisions in the bylaws, a member may dissent from and obtain payment for the fair value of the member's nonpatron membership interests in the cooperative if the articles or bylaws are amended in a manner that materially and adversely affects the rights and preferences of the nonpatron membership interests of the dissenting member. The dissenting member shall file a notice of intent to demand fair value of the membership interest with the records officer of the cooperative within thirty (30) days after the amendment of the bylaws and notice of the amendment to members; otherwise, the right of the dissenting member to demand payment of fair value for the membership interest is deemed to be waived. If a proposed amendment of the articles or bylaws shall be approved by the members, a member who is entitled to dissent and who wishes to exercise dissenter's rights shall file a notice to demand fair value of the membership interest with the records officer of the cooperative before the vote on the proposed action and shall not vote in favor of the proposed action; otherwise, the right to demand fair value for the membership interest by the dissenting member is deemed waived. After receipt of the dissenting member's demand notice and approval of the amendment, the cooperative has sixty (60) days to rescind the amendment or otherwise the cooperative shall remit the fair value for the one (1) member's interest to the dissenting member by one hundred eighty (180) days after receipt of the notice. Upon receipt of the fair value for the membership interest, the member has no further member rights in the cooperative.
Acts 2004, ch. 534, § 14.
Tenn. Code Ann. § 43-38-503 — TN Code / Title 43 / Chapter 38 / Section 43-38-503
Assignment of member's financial rights
Status: in_force

(a) Except as provided in subsection (c), a member's financial rights are transferable in whole or in part. (b) An assignment of a member's financial rights entitles the assignee to receive, to the extent assigned, only the share of profits and losses and the distributions to which the assignor would otherwise be entitled. An assignment of a member's financial rights does not dissolve the cooperative and does not entitle or empower the assignee to become a member, to cause a dissolution, to exercise any governance rights, or, except as specifically provided by this chapter, to receive any notices from the cooperative, or to cause dissolution. The assignment may not allow the assignee to control the member's exercise of governance rights, and any attempt to do so shall be void. (c) (1) A restriction on the assignment of financial rights may be imposed in the articles, in the bylaws, by a written resolution adopted by the members, or by a written agreement among, or other written action by, members, or among them and the cooperative. (2) A restriction on the assignment of financial rights referenced in subdivision (c)(1) that is not manifestly unreasonable under the circumstances is enforceable against the owner of the restricted financial rights. A written restriction on the assignment of financial rights that is not manifestly unreasonable under the circumstances and is noted in the articles or bylaws may be enforced against a successor or transferee of the owner of the restricted financial rights, including a pledge or a legal representative, whether or not the successor or transferee of the owner had actual notice of the restriction. Unless noted in the articles or bylaws, a restriction, even though permitted by this section, is ineffective against a person without knowledge of the restriction. Acts 2004, ch. 534, § 17.
(a) Except as provided in subsection (c), a member's financial rights are transferable in whole or in part.
(b) An assignment of a member's financial rights entitles the assignee to receive, to the extent assigned, only the share of profits and losses and the distributions to which the assignor would otherwise be entitled. An assignment of a member's financial rights does not dissolve the cooperative and does not entitle or empower the assignee to become a member, to cause a dissolution, to exercise any governance rights, or, except as specifically provided by this chapter, to receive any notices from the cooperative, or to cause dissolution. The assignment may not allow the assignee to control the member's exercise of governance rights, and any attempt to do so shall be void.
(c) (1) A restriction on the assignment of financial rights may be imposed in the articles, in the bylaws, by a written resolution adopted by the members, or by a written agreement among, or other written action by, members, or among them and the cooperative. (2) A restriction on the assignment of financial rights referenced in subdivision (c)(1) that is not manifestly unreasonable under the circumstances is enforceable against the owner of the restricted financial rights. A written restriction on the assignment of financial rights that is not manifestly unreasonable under the circumstances and is noted in the articles or bylaws may be enforced against a successor or transferee of the owner of the restricted financial rights, including a pledge or a legal representative, whether or not the successor or transferee of the owner had actual notice of the restriction. Unless noted in the articles or bylaws, a restriction, even though permitted by this section, is ineffective against a person without knowledge of the restriction.
(1) A restriction on the assignment of financial rights may be imposed in the articles, in the bylaws, by a written resolution adopted by the members, or by a written agreement among, or other written action by, members, or among them and the cooperative.
(2) A restriction on the assignment of financial rights referenced in subdivision (c)(1) that is not manifestly unreasonable under the circumstances is enforceable against the owner of the restricted financial rights. A written restriction on the assignment of financial rights that is not manifestly unreasonable under the circumstances and is noted in the articles or bylaws may be enforced against a successor or transferee of the owner of the restricted financial rights, including a pledge or a legal representative, whether or not the successor or transferee of the owner had actual notice of the restriction. Unless noted in the articles or bylaws, a restriction, even though permitted by this section, is ineffective against a person without knowledge of the restriction.
Acts 2004, ch. 534, § 17.
Tenn. Code Ann. § 43-38-602 — TN Code / Title 43 / Chapter 38 / Section 43-38-602
Agency of members in the cooperative
Status: in_force

(a) Unless the articles provide otherwise, no member is an agent of the cooperative for the purpose of its business, other than a member designated by the board of directors, including the execution in the cooperative name of any instrument, for apparently carrying on in the usual way the business of the cooperative of which the person is a member, and a member does not bind the cooperative, unless the member so acting has in fact the authority to act for the cooperative in the particular matter. (b) Unless the articles provide otherwise, the following persons are agents of the cooperative and may legally bind the cooperative, subject to the limitation on these persons contained in this chapter: (1) The president; (2) A person designated in the articles or the bylaws as being so authorized; or (3) A person designated in writing by action of the directors as being so authorized. Acts 2004, ch. 534, § 24.
(a) Unless the articles provide otherwise, no member is an agent of the cooperative for the purpose of its business, other than a member designated by the board of directors, including the execution in the cooperative name of any instrument, for apparently carrying on in the usual way the business of the cooperative of which the person is a member, and a member does not bind the cooperative, unless the member so acting has in fact the authority to act for the cooperative in the particular matter.
(b) Unless the articles provide otherwise, the following persons are agents of the cooperative and may legally bind the cooperative, subject to the limitation on these persons contained in this chapter: (1) The president; (2) A person designated in the articles or the bylaws as being so authorized; or (3) A person designated in writing by action of the directors as being so authorized.
(1) The president;
(2) A person designated in the articles or the bylaws as being so authorized; or
(3) A person designated in writing by action of the directors as being so authorized.
Acts 2004, ch. 534, § 24.
Tenn. Code Ann. § 43-19-303 — TN Code / Title 43 / Chapter 19 / Section 43-19-303
Sales of burley tobacco regulated
Status: in_force

Sales of burley tobacco at warehouse or loosefloors shall be conducted so as to conform to one (1) of the following methods: (1) Sales to be at the rate of not more than ninety-seven thousand two hundred pounds (97,200 lbs.) per hour, per set of buyers; or (2) Sales to be at the rate of not more than three hundred sixty (360) baskets per hour, per set of buyers. Acts 1949, ch. 141, § 3; C. Supp. 1950, § 6669.3 (Williams, § 6675.3); Acts 1965, ch. 115, § 1; T.C.A. (orig. ed.), § 43-2133.
Sales of burley tobacco at warehouse or loosefloors shall be conducted so as to conform to one (1) of the following methods:
(1) Sales to be at the rate of not more than ninety-seven thousand two hundred pounds (97,200 lbs.) per hour, per set of buyers; or
(2) Sales to be at the rate of not more than three hundred sixty (360) baskets per hour, per set of buyers.
Acts 1949, ch. 141, § 3; C. Supp. 1950, § 6669.3 (Williams, § 6675.3); Acts 1965, ch. 115, § 1; T.C.A. (orig. ed.), § 43-2133.
Tenn. Code Ann. § 43-14-210 — TN Code / Title 43 / Chapter 14 / Section 43-14-210
Naming of district and appointment of supervisors - Application and statement from commission - Certificate of organization of district
Status: in_force

(a) If the commission determines that the operation of the proposed district within the defined boundaries is administratively practicable and feasible, it shall name the district and appoint two (2) supervisors to act, with the three (3) supervisors elected pursuant to § 43-14-214 , as the governing body of the district. (b) The two (2) appointed supervisors shall present to the secretary of state an application signed by them, and subscribed and sworn to by each of the supervisors before an officer authorized by the laws of this state to take and certify oaths, which provides: (1) That a petition for the creation of the district was filed with the commission pursuant to this part, and that the proceedings required by this part were taken pursuant to the petition, that the application is filed in order to complete the organization of the district, and that the commission has appointed the applicants as supervisors; (2) The name and official residence of each of the supervisors, together with a certified copy of the appointments evidencing their right to office; (3) The term of office of each of the supervisors; (4) The name proposed for the district; and (5) The location of the district supervisors' principal office. (c) (1) The application required by subsection (b) must be accompanied by a statement from the commission, which certifies that: (A) A petition was filed, notice was issued, and a hearing was held as required by this part; (B) The commission determined that there is a need, in the interest of public health, safety, and welfare, for a soil and water conservation district to function in the proposed territory and defined the boundaries thereof; (C) Notice was given, and a referendum held on the question of the creation of the district; (D) A majority of the votes cast in the referendum favored the creation of the district; and (E) After the referendum, the commission determined that the operation of the proposed district is administratively practicable and feasible. (2) The statement must set forth the boundaries of the district as they have been defined by the commission. (d) When the application and statement have been filed and recorded in the office of the secretary of state, the district constitutes a subdivision of this state and a public body corporate and politic. The secretary of state shall make and issue to the supervisors, under the seal of the state, a certificate of the organization of the district, and shall record the certificate with the application and statement. The boundaries of the district must include the territory as defined by the commission under subsection (c), but the district must not include any area included within the boundaries of another soil and water conservation district organized under this part. (e) In lieu of all other fees, five dollars ($5.00), must be paid to the secretary of state at the time the certificate is issued. Amended by 2021 Tenn. Acts, ch. 203, s 2, eff. 4/22/2021. Acts 1939, ch. 197, § 5; C. Supp. 1950, § 552.5 (Williams, § 552.35); T.C.A. (orig. ed.), § 43-1510.
(a) If the commission determines that the operation of the proposed district within the defined boundaries is administratively practicable and feasible, it shall name the district and appoint two (2) supervisors to act, with the three (3) supervisors elected pursuant to § 43-14-214 , as the governing body of the district.
(b) The two (2) appointed supervisors shall present to the secretary of state an application signed by them, and subscribed and sworn to by each of the supervisors before an officer authorized by the laws of this state to take and certify oaths, which provides: (1) That a petition for the creation of the district was filed with the commission pursuant to this part, and that the proceedings required by this part were taken pursuant to the petition, that the application is filed in order to complete the organization of the district, and that the commission has appointed the applicants as supervisors; (2) The name and official residence of each of the supervisors, together with a certified copy of the appointments evidencing their right to office; (3) The term of office of each of the supervisors; (4) The name proposed for the district; and (5) The location of the district supervisors' principal office.
(1) That a petition for the creation of the district was filed with the commission pursuant to this part, and that the proceedings required by this part were taken pursuant to the petition, that the application is filed in order to complete the organization of the district, and that the commission has appointed the applicants as supervisors;
(2) The name and official residence of each of the supervisors, together with a certified copy of the appointments evidencing their right to office;
(3) The term of office of each of the supervisors;
(4) The name proposed for the district; and
(5) The location of the district supervisors' principal office.
(c) (1) The application required by subsection (b) must be accompanied by a statement from the commission, which certifies that: (A) A petition was filed, notice was issued, and a hearing was held as required by this part; (B) The commission determined that there is a need, in the interest of public health, safety, and welfare, for a soil and water conservation district to function in the proposed territory and defined the boundaries thereof; (C) Notice was given, and a referendum held on the question of the creation of the district; (D) A majority of the votes cast in the referendum favored the creation of the district; and (E) After the referendum, the commission determined that the operation of the proposed district is administratively practicable and feasible. (2) The statement must set forth the boundaries of the district as they have been defined by the commission.
(1) The application required by subsection (b) must be accompanied by a statement from the commission, which certifies that: (A) A petition was filed, notice was issued, and a hearing was held as required by this part; (B) The commission determined that there is a need, in the interest of public health, safety, and welfare, for a soil and water conservation district to function in the proposed territory and defined the boundaries thereof; (C) Notice was given, and a referendum held on the question of the creation of the district; (D) A majority of the votes cast in the referendum favored the creation of the district; and (E) After the referendum, the commission determined that the operation of the proposed district is administratively practicable and feasible.
(A) A petition was filed, notice was issued, and a hearing was held as required by this part;
(B) The commission determined that there is a need, in the interest of public health, safety, and welfare, for a soil and water conservation district to function in the proposed territory and defined the boundaries thereof;
(C) Notice was given, and a referendum held on the question of the creation of the district;
(D) A majority of the votes cast in the referendum favored the creation of the district; and
(E) After the referendum, the commission determined that the operation of the proposed district is administratively practicable and feasible.
(2) The statement must set forth the boundaries of the district as they have been defined by the commission.
(d) When the application and statement have been filed and recorded in the office of the secretary of state, the district constitutes a subdivision of this state and a public body corporate and politic. The secretary of state shall make and issue to the supervisors, under the seal of the state, a certificate of the organization of the district, and shall record the certificate with the application and statement. The boundaries of the district must include the territory as defined by the commission under subsection (c), but the district must not include any area included within the boundaries of another soil and water conservation district organized under this part.
(e) In lieu of all other fees, five dollars ($5.00), must be paid to the secretary of state at the time the certificate is issued.
Amended by 2021 Tenn. Acts, ch. 203, s 2, eff. 4/22/2021.
Acts 1939, ch. 197, § 5; C. Supp. 1950, § 552.5 (Williams, § 552.35); T.C.A. (orig. ed.), § 43-1510.
Tenn. Code Ann. § 43-14-216 — TN Code / Title 43 / Chapter 14 / Section 43-14-216
Additional powers of district and supervisors
Status: in_force

A district and its supervisors may, in addition to other powers granted in this part: (1) Conduct surveys, investigations, and research relating to the character of soil erosion and necessary erosion prevention and control measures, the relationships between reductions in soil erosion rates and water quality improvement, the synergistic effects of reductions in soil loss on wildlife and other natural resource benefits, the economic impact of conservation measures and improvements in soil quality on agricultural operations, publish the results of such surveys, investigations, or research, and disseminate information concerning erosion prevention and control measures; provided, that in order to avoid duplication of research activities, no district shall initiate a research program except in cooperation with the commission, the department of agriculture, and the United States; (2) Conduct demonstration projects within the district, upon obtaining the consent of the landowner and land occupier or the necessary rights or interests in lands, in order to demonstrate, by example, the means, methods, and measures by which soil and soil resources may be conserved and improved, soil erosion in the form of soil washing may be prevented and controlled, and the relationships between soil erosion reduction and water quality or other benefits; (3) Carry out prevention and control measures within the district, including engineering operations, methods of cultivation, growing vegetation, and changes in use or management of land within the district, upon obtaining the consent of the landowner and land occupier or the necessary rights or interests in lands; (4) Cooperate, or enter into agreements, with any landowner and land occupier within the district to carry out erosion control and prevention operations, to help improve traditional areas of farm production, and to encourage diversification and innovation of farming operations within the district, subject to such conditions as the supervisors deem necessary to advance the purposes of this part; (5) Enter into agreements with the department of agriculture, other state agencies, local governments, and nonprofit organizations, including the national and state associations of conservation districts, to administer or assist in the administration of programs for the benefit of landowners and land occupiers within the district in carrying out erosion control and prevention operations, installing conservation practices to reduce erosion and improve related natural resources, improving traditional areas of farm production, diversifying farming operations, and encouraging farming innovation and nontraditional agricultural activities within the district; (6) (A) Obtain options upon, and acquire, by purchase, exchange, lease, gift, grant, bequest, devise, or otherwise, any property, real or personal, or rights or interests therein; (B) Maintain, administer, and improve any properties acquired, to receive income from the properties, and to expend the income in carrying out this part; (C) Sell, lease, or otherwise dispose of any property or property interests owned in furtherance of this part; and (D) Subject to the approval of the commissioner, or the commissioner's designee, and the comptroller of the treasury, or the comptroller's designee, borrow money for the purposes authorized by subdivisions (6)(A) and (6)(B), by issuing notes pursuant to title 9, chapter 21, part 6. The notes must be secured by: (i) Lawfully available district revenues and a guarantee of the full faith, credit, and taxing power of each local government within which the district is located; or (ii) Lawfully available district revenues and a statutory lien on the property financed by the notes; (7) Make available, on terms that the district prescribes, to landowners and land occupiers within the district, agricultural and engineering machinery and equipment, fertilizer, seeds and seedlings, of which all forest tree seedlings must be obtained, if practicable, from the nurseries of the forestry division operated by the department of agriculture or the forest service of the United States department of agriculture, and other material or equipment that will assist landowners and land occupiers in conserving soil resources and preventing and controlling soil erosion; (8) Construct, improve, and maintain structures that are necessary or convenient for the performance of operations authorized in this part; (9) Develop comprehensive plans for the conservation of soil resources and the control and prevention of soil erosion within the district, which must specify, in reasonable detail, the acts, procedures, performances, and avoidances to effectuate the plans, including any specification of engineering operations, methods of cultivation, growing of vegetation, cropping programs, tillage practices, and changes in use of land, and publish the plans and information in a manner that will bring the plans to the attention of landowners and land occupiers within the district; (10) Take over and administer, as agent of the United States, any soil conservation, erosion control, or erosion prevention project, undertaken by the United States within its boundaries; (11) Accept, use, and expend donations, gifts, and contributions in any form from the United States or from this state or any of its agencies; (12) Enter into agreements with the United States department of agriculture or its agencies to optimize the delivery of federal programs to landowners and land occupiers in the district, reduce erosion, and improve the condition of related natural resources in the district, and clarify the roles and responsibilities of each entity; (13) Sue and be sued in the name of the district; (14) Have a seal, which must be judicially noticed; (15) Have perpetual succession, unless terminated as provided in § 43-14-218 ; (16) Make and execute contracts and other instruments necessary or convenient to the exercise of its powers; (17) Make, amend, and repeal rules consistent with this part to carry into effect its purposes and powers; (18) As a condition of extending any benefit to, or performing work upon, land under this part, require contributions in any form or entry into agreements or covenants as to the use of such land to prevent or control erosion; and (19) Carry out, maintain, and operate works of improvement for flood prevention and agricultural phases of conservation development, utilization, and management of water. Amended by 2021 Tenn. Acts, ch. 203, s 2, eff. 4/22/2021. Acts 1939, ch. 197, § 6; C. Supp. 1950, § 552.6 (Williams, § 552.36); T.C.A. (orig. ed.), § 43-1516.
A district and its supervisors may, in addition to other powers granted in this part:
(1) Conduct surveys, investigations, and research relating to the character of soil erosion and necessary erosion prevention and control measures, the relationships between reductions in soil erosion rates and water quality improvement, the synergistic effects of reductions in soil loss on wildlife and other natural resource benefits, the economic impact of conservation measures and improvements in soil quality on agricultural operations, publish the results of such surveys, investigations, or research, and disseminate information concerning erosion prevention and control measures; provided, that in order to avoid duplication of research activities, no district shall initiate a research program except in cooperation with the commission, the department of agriculture, and the United States;
(2) Conduct demonstration projects within the district, upon obtaining the consent of the landowner and land occupier or the necessary rights or interests in lands, in order to demonstrate, by example, the means, methods, and measures by which soil and soil resources may be conserved and improved, soil erosion in the form of soil washing may be prevented and controlled, and the relationships between soil erosion reduction and water quality or other benefits;
(3) Carry out prevention and control measures within the district, including engineering operations, methods of cultivation, growing vegetation, and changes in use or management of land within the district, upon obtaining the consent of the landowner and land occupier or the necessary rights or interests in lands;
(4) Cooperate, or enter into agreements, with any landowner and land occupier within the district to carry out erosion control and prevention operations, to help improve traditional areas of farm production, and to encourage diversification and innovation of farming operations within the district, subject to such conditions as the supervisors deem necessary to advance the purposes of this part;
(5) Enter into agreements with the department of agriculture, other state agencies, local governments, and nonprofit organizations, including the national and state associations of conservation districts, to administer or assist in the administration of programs for the benefit of landowners and land occupiers within the district in carrying out erosion control and prevention operations, installing conservation practices to reduce erosion and improve related natural resources, improving traditional areas of farm production, diversifying farming operations, and encouraging farming innovation and nontraditional agricultural activities within the district;
(6) (A) Obtain options upon, and acquire, by purchase, exchange, lease, gift, grant, bequest, devise, or otherwise, any property, real or personal, or rights or interests therein; (B) Maintain, administer, and improve any properties acquired, to receive income from the properties, and to expend the income in carrying out this part; (C) Sell, lease, or otherwise dispose of any property or property interests owned in furtherance of this part; and (D) Subject to the approval of the commissioner, or the commissioner's designee, and the comptroller of the treasury, or the comptroller's designee, borrow money for the purposes authorized by subdivisions (6)(A) and (6)(B), by issuing notes pursuant to title 9, chapter 21, part 6. The notes must be secured by: (i) Lawfully available district revenues and a guarantee of the full faith, credit, and taxing power of each local government within which the district is located; or (ii) Lawfully available district revenues and a statutory lien on the property financed by the notes;
(A) Obtain options upon, and acquire, by purchase, exchange, lease, gift, grant, bequest, devise, or otherwise, any property, real or personal, or rights or interests therein;
(B) Maintain, administer, and improve any properties acquired, to receive income from the properties, and to expend the income in carrying out this part;
(C) Sell, lease, or otherwise dispose of any property or property interests owned in furtherance of this part; and
(D) Subject to the approval of the commissioner, or the commissioner's designee, and the comptroller of the treasury, or the comptroller's designee, borrow money for the purposes authorized by subdivisions (6)(A) and (6)(B), by issuing notes pursuant to title 9, chapter 21, part 6. The notes must be secured by: (i) Lawfully available district revenues and a guarantee of the full faith, credit, and taxing power of each local government within which the district is located; or (ii) Lawfully available district revenues and a statutory lien on the property financed by the notes;
(i) Lawfully available district revenues and a guarantee of the full faith, credit, and taxing power of each local government within which the district is located; or
(ii) Lawfully available district revenues and a statutory lien on the property financed by the notes;
(7) Make available, on terms that the district prescribes, to landowners and land occupiers within the district, agricultural and engineering machinery and equipment, fertilizer, seeds and seedlings, of which all forest tree seedlings must be obtained, if practicable, from the nurseries of the forestry division operated by the department of agriculture or the forest service of the United States department of agriculture, and other material or equipment that will assist landowners and land occupiers in conserving soil resources and preventing and controlling soil erosion;
(8) Construct, improve, and maintain structures that are necessary or convenient for the performance of operations authorized in this part;
(9) Develop comprehensive plans for the conservation of soil resources and the control and prevention of soil erosion within the district, which must specify, in reasonable detail, the acts, procedures, performances, and avoidances to effectuate the plans, including any specification of engineering operations, methods of cultivation, growing of vegetation, cropping programs, tillage practices, and changes in use of land, and publish the plans and information in a manner that will bring the plans to the attention of landowners and land occupiers within the district;
(10) Take over and administer, as agent of the United States, any soil conservation, erosion control, or erosion prevention project, undertaken by the United States within its boundaries;
(11) Accept, use, and expend donations, gifts, and contributions in any form from the United States or from this state or any of its agencies;
(12) Enter into agreements with the United States department of agriculture or its agencies to optimize the delivery of federal programs to landowners and land occupiers in the district, reduce erosion, and improve the condition of related natural resources in the district, and clarify the roles and responsibilities of each entity;
(13) Sue and be sued in the name of the district;
(14) Have a seal, which must be judicially noticed;
(15) Have perpetual succession, unless terminated as provided in § 43-14-218 ;
(16) Make and execute contracts and other instruments necessary or convenient to the exercise of its powers;
(17) Make, amend, and repeal rules consistent with this part to carry into effect its purposes and powers;
(18) As a condition of extending any benefit to, or performing work upon, land under this part, require contributions in any form or entry into agreements or covenants as to the use of such land to prevent or control erosion; and
(19) Carry out, maintain, and operate works of improvement for flood prevention and agricultural phases of conservation development, utilization, and management of water.
Amended by 2021 Tenn. Acts, ch. 203, s 2, eff. 4/22/2021.
Acts 1939, ch. 197, § 6; C. Supp. 1950, § 552.6 (Williams, § 552.36); T.C.A. (orig. ed.), § 43-1516.
Tenn. Code Ann. § 43-14-218 — TN Code / Title 43 / Chapter 14 / Section 43-14-218
Petition for termination of district - Referendum - Determination of whether continued operation is administratively practicable and feasible - Certificate of dissolution
Status: in_force

(a) Beginning five (5) years after a district's certificate of organization is issued, a district, upon unanimously adopting a motion to dissolve the district, may file a petition with the commission requesting that the district and its operations be terminated. The commission may conduct public meetings and hearings regarding the petition. Within sixty (60) days after the commission receives a petition to terminate a district, the commission shall give notice of, issue appropriate rules regarding, and supervise a referendum regarding the petition. Only landowners of the district are eligible to vote in the referendum. No informalities in the conduct of the referendum or in any matter relating thereto invalidates the referendum or the result thereof, if notice thereof has been given substantially as provided in this subsection (a) and the referendum has been fairly conducted. (b) The commission shall publish the results of the referendum and determine whether the continued operation of the district is administratively practicable and feasible. If the commission determines that the continued operation of the district is administratively practicable and feasible, it shall record this determination and deny the petition, after which no such petition regarding that district may be filed or considered for five (5) years. If the commission determines that the continued operation of the district is not administratively practicable and feasible, it shall record this determination and shall certify the determination to the supervisors of the district. In making this determination, the commission shall give due regard and weight to the attitudes of the landowners and land occupiers of lands lying within the defined boundaries, the number of landowners eligible to vote in the referendum who have voted, the proportion of the votes cast in the referendum in favor of the termination of the district to the total number of votes cast, and any other economic and social factors relevant to such determination; provided, that the commission shall not determine that the operation of the proposed district within the defined boundaries is administratively practicable and feasible if a majority of the votes cast in the referendum upon the proposition of termination of the district were cast in favor of the termination of the district. (c) Upon receipt from the commission of a certification that the commission has determined that the continued operation of the district is not administratively practicable and feasible, the supervisors shall immediately terminate the affairs of the district. The supervisors shall dispose of all property belonging to the district at public auction and shall pay the proceeds to the department of agriculture for use in supporting the costs of soil and water conservation in the district territory. The supervisors shall then file a verified application with the secretary of state for the discontinuance of the district, and transmit with the application the certificate of the commission determining that the continued operation of the district is not administratively practicable and feasible. The application must recite that the district's property has been disposed of and the proceeds paid to the department of agriculture and set forth a full accounting of such property and proceeds. The secretary of state shall issue to the supervisors a certificate of dissolution and record the certificate in an appropriate book of record in the secretary of state's office. (d) Upon issuance of a certificate of dissolution by the secretary of state, all ordinances and rules previously adopted and in force within the districts are of no further force and effect. All contracts to which the district or its supervisors are parties must be terminated in writing as provided in the contract. Amended by 2021 Tenn. Acts, ch. 203, s 2, eff. 4/22/2021. Amended by 2016 Tenn. Acts, ch. 966, s 1, eff. 4/27/2016. Acts 1939, ch. 197, § 8; C. Supp 1950, § 552.8 (Williams, § 552.38); Acts 1955, ch. 132, § 1; T.C.A. (orig. ed.), § 43-1518; Acts 1992, ch. 693, § 15; 2004, ch. 517, § 6; 2007 , ch. 295, §§ 2, 3.
(a) Beginning five (5) years after a district's certificate of organization is issued, a district, upon unanimously adopting a motion to dissolve the district, may file a petition with the commission requesting that the district and its operations be terminated. The commission may conduct public meetings and hearings regarding the petition. Within sixty (60) days after the commission receives a petition to terminate a district, the commission shall give notice of, issue appropriate rules regarding, and supervise a referendum regarding the petition. Only landowners of the district are eligible to vote in the referendum. No informalities in the conduct of the referendum or in any matter relating thereto invalidates the referendum or the result thereof, if notice thereof has been given substantially as provided in this subsection (a) and the referendum has been fairly conducted.
(b) The commission shall publish the results of the referendum and determine whether the continued operation of the district is administratively practicable and feasible. If the commission determines that the continued operation of the district is administratively practicable and feasible, it shall record this determination and deny the petition, after which no such petition regarding that district may be filed or considered for five (5) years. If the commission determines that the continued operation of the district is not administratively practicable and feasible, it shall record this determination and shall certify the determination to the supervisors of the district. In making this determination, the commission shall give due regard and weight to the attitudes of the landowners and land occupiers of lands lying within the defined boundaries, the number of landowners eligible to vote in the referendum who have voted, the proportion of the votes cast in the referendum in favor of the termination of the district to the total number of votes cast, and any other economic and social factors relevant to such determination; provided, that the commission shall not determine that the operation of the proposed district within the defined boundaries is administratively practicable and feasible if a majority of the votes cast in the referendum upon the proposition of termination of the district were cast in favor of the termination of the district.
(c) Upon receipt from the commission of a certification that the commission has determined that the continued operation of the district is not administratively practicable and feasible, the supervisors shall immediately terminate the affairs of the district. The supervisors shall dispose of all property belonging to the district at public auction and shall pay the proceeds to the department of agriculture for use in supporting the costs of soil and water conservation in the district territory. The supervisors shall then file a verified application with the secretary of state for the discontinuance of the district, and transmit with the application the certificate of the commission determining that the continued operation of the district is not administratively practicable and feasible. The application must recite that the district's property has been disposed of and the proceeds paid to the department of agriculture and set forth a full accounting of such property and proceeds. The secretary of state shall issue to the supervisors a certificate of dissolution and record the certificate in an appropriate book of record in the secretary of state's office.
(d) Upon issuance of a certificate of dissolution by the secretary of state, all ordinances and rules previously adopted and in force within the districts are of no further force and effect. All contracts to which the district or its supervisors are parties must be terminated in writing as provided in the contract.
Amended by 2021 Tenn. Acts, ch. 203, s 2, eff. 4/22/2021.
Amended by 2016 Tenn. Acts, ch. 966, s 1, eff. 4/27/2016.
Acts 1939, ch. 197, § 8; C. Supp 1950, § 552.8 (Williams, § 552.38); Acts 1955, ch. 132, § 1; T.C.A. (orig. ed.), § 43-1518; Acts 1992, ch. 693, § 15; 2004, ch. 517, § 6; 2007 , ch. 295, §§ 2, 3.
Tenn. Code Ann. § 43-28-309 — TN Code / Title 43 / Chapter 28 / Section 43-28-309
Contract of sale of standing trees or timber so branded must be in writing
Status: in_force

No contract for the sale of standing trees or standing timber when so branded shall be enforceable by action unless the contract or some memorandum thereof be in writing, signed by the person selling same or the person's duly authorized agent. Acts 1901, ch. 54, § 8; Shan., § 3608a85; Code 1932, § 6778; T.C.A. (orig. ed.), § 68-309.
No contract for the sale of standing trees or standing timber when so branded shall be enforceable by action unless the contract or some memorandum thereof be in writing, signed by the person selling same or the person's duly authorized agent.
Acts 1901, ch. 54, § 8; Shan., § 3608a85; Code 1932, § 6778; T.C.A. (orig. ed.), § 68-309.
Tenn. Code Ann. § 43-38-110 — TN Code / Title 43 / Chapter 38 / Section 43-38-110
Service on cooperative
Status: in_force

(a) A domestic cooperative's registered agent is the cooperative's agent for service of process, notice, or demand required or permitted by law to be served on the cooperative. (b) Whenever a domestic cooperative fails to appoint or maintain a registered agent in this state, or whenever its registered agent cannot be found with reasonable diligence, then the secretary of state shall be an agent of such cooperative on whom any such process, notice or demand may be served. (c) This section does not prescribe the only means, or necessarily the required means, of service on a domestic cooperative. Acts 2004, ch. 534, § 8.
(a) A domestic cooperative's registered agent is the cooperative's agent for service of process, notice, or demand required or permitted by law to be served on the cooperative.
(b) Whenever a domestic cooperative fails to appoint or maintain a registered agent in this state, or whenever its registered agent cannot be found with reasonable diligence, then the secretary of state shall be an agent of such cooperative on whom any such process, notice or demand may be served.
(c) This section does not prescribe the only means, or necessarily the required means, of service on a domestic cooperative.
Acts 2004, ch. 534, § 8.
Tenn. Code Ann. § 43-8-104 — TN Code / Title 43 / Chapter 8 / Section 43-8-104
Registration of products - Annual renewal - Labeling - Statement filed by registrant - Registration of brand or grade - License to sell registered brands - Refusal or cancellation of registration
Status: in_force

(a) Every pesticide that is distributed, sold or offered for sale within this state or transported within this state shall be registered with the commissioner, except as provided below. The commissioner may register and permit the sale of any pesticide that has been duly registered under the federal Insecticide, Fungicide and Rodenticide Act, but products so registered shall be subject to the registration fees provided for herein, and to all other provisions of this part and part 2 of this chapter. All pesticide products shall be registered annually and their registration shall expire on June 30, following the date of issuance. (b) Products having the same formula and manufactured by the same person or firm, where the labeling contains the same claims, and the labels bear a designation identifying the products as the same pesticide, may be registered as a single pesticide, with additional names and labels added by a supplemental statement during the registration term. Within the discretion of the commissioner or the commissioner's authorized representative, a change in the labeling or formulas of a pesticide may be made within the registration term without requiring a reregistration of the product; provided, that the name of the item is not changed, and that no change is made that lowers the efficacy of the product. (c) The registrant shall file with the commissioner a statement including: (1) The name and address of the registrant and the name and address of the person whose name will appear on the label, if other than the registrant; (2) The name of the pesticide; (3) A complete copy of the labeling accompanying the pesticide and a statement of all claims made and to be made for it including directions for use; and (4) In the case of adjuvants, surfactants, emulsifiers, wetting agents, and other materials included as adjuvants that have nonionic surfactants as the principal agent, the ingredient statement on the label must show the percentage of the active adjuvant at least by the generic chemical name and, further, that the specific chemical name identifying the hydrophobic and hydrophilic portions of the molecule and the ratio of the same must be given on a data sheet that shall accompany the label when application for registration is made, the latter being necessary in order that the chemical content may be determined by the department of agriculture, division of technical services, for regulatory purposes. In the case of products having cationic and anionic surfactants as the principal agent, the chemical names of those materials must be used in the ingredient statement on the label together with the percentage contents of the principal surfactants. In the case of products not involving hydrophobic and hydrophilic portions of the molecule such as in the case of most synergists and other nonsurfactant adjuvants, the chemical name of the material must be used in the ingredient statement on the label. (d) If it does not appear to the commissioner that the article is such as to warrant the proposed claims for it or if the article and its labeling and other material required to be submitted do not comply with this part and part 2 of this chapter, the commissioner shall notify the registrant of the manner in which the article, labeling, or other material required to be submitted fail to comply with this part and part 2 of this chapter so as to afford the registrant an opportunity to make the necessary corrections. (e) The commissioner may refuse to register or may revoke or suspend any or all registrations where the registrant is found to have violated any provision of this part and part 2 of this chapter, including rules promulgated under authority of this part and part 2 of this chapter. Any such proceedings shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (f) Registration shall not be required of a pesticide that is merely shipped from one plant or warehouse in this state to another for use as a constituent in a registered pesticide. Neither shall registration be required of a pesticide distributed under an experimental use permit issued by the federal environmental protection agency. (g) Registration shall be maintained for one (1) year after the effective date upon which a registrant ceases to distribute a pesticide within this state, unless the registrant can offer reasonable proof that no quantities of the pesticide remain commercially available. (h) Pesticide product registration fees shall be set by rule pursuant to § 43-1-703 . Amended by 2015 Tenn. Acts, ch. 485,s 6, eff. 7/1/2015. Acts 1951, ch. 150, § 5 (Williams, § 6808.11); 1961, ch. 12, § 2; 1975, ch. 239, § 2; T.C.A. (orig. ed.), § 43-706; Acts 1980, ch. 539, § 6; 1985, ch. 195, § 1; 1994, ch. 960, § 7; 1996, ch. 805, § 4; T.C.A. § 43-8-106 .
(a) Every pesticide that is distributed, sold or offered for sale within this state or transported within this state shall be registered with the commissioner, except as provided below. The commissioner may register and permit the sale of any pesticide that has been duly registered under the federal Insecticide, Fungicide and Rodenticide Act, but products so registered shall be subject to the registration fees provided for herein, and to all other provisions of this part and part 2 of this chapter. All pesticide products shall be registered annually and their registration shall expire on June 30, following the date of issuance.
(b) Products having the same formula and manufactured by the same person or firm, where the labeling contains the same claims, and the labels bear a designation identifying the products as the same pesticide, may be registered as a single pesticide, with additional names and labels added by a supplemental statement during the registration term. Within the discretion of the commissioner or the commissioner's authorized representative, a change in the labeling or formulas of a pesticide may be made within the registration term without requiring a reregistration of the product; provided, that the name of the item is not changed, and that no change is made that lowers the efficacy of the product.
(c) The registrant shall file with the commissioner a statement including: (1) The name and address of the registrant and the name and address of the person whose name will appear on the label, if other than the registrant; (2) The name of the pesticide; (3) A complete copy of the labeling accompanying the pesticide and a statement of all claims made and to be made for it including directions for use; and (4) In the case of adjuvants, surfactants, emulsifiers, wetting agents, and other materials included as adjuvants that have nonionic surfactants as the principal agent, the ingredient statement on the label must show the percentage of the active adjuvant at least by the generic chemical name and, further, that the specific chemical name identifying the hydrophobic and hydrophilic portions of the molecule and the ratio of the same must be given on a data sheet that shall accompany the label when application for registration is made, the latter being necessary in order that the chemical content may be determined by the department of agriculture, division of technical services, for regulatory purposes. In the case of products having cationic and anionic surfactants as the principal agent, the chemical names of those materials must be used in the ingredient statement on the label together with the percentage contents of the principal surfactants. In the case of products not involving hydrophobic and hydrophilic portions of the molecule such as in the case of most synergists and other nonsurfactant adjuvants, the chemical name of the material must be used in the ingredient statement on the label.
(1) The name and address of the registrant and the name and address of the person whose name will appear on the label, if other than the registrant;
(2) The name of the pesticide;
(3) A complete copy of the labeling accompanying the pesticide and a statement of all claims made and to be made for it including directions for use; and
(4) In the case of adjuvants, surfactants, emulsifiers, wetting agents, and other materials included as adjuvants that have nonionic surfactants as the principal agent, the ingredient statement on the label must show the percentage of the active adjuvant at least by the generic chemical name and, further, that the specific chemical name identifying the hydrophobic and hydrophilic portions of the molecule and the ratio of the same must be given on a data sheet that shall accompany the label when application for registration is made, the latter being necessary in order that the chemical content may be determined by the department of agriculture, division of technical services, for regulatory purposes. In the case of products having cationic and anionic surfactants as the principal agent, the chemical names of those materials must be used in the ingredient statement on the label together with the percentage contents of the principal surfactants. In the case of products not involving hydrophobic and hydrophilic portions of the molecule such as in the case of most synergists and other nonsurfactant adjuvants, the chemical name of the material must be used in the ingredient statement on the label.
(d) If it does not appear to the commissioner that the article is such as to warrant the proposed claims for it or if the article and its labeling and other material required to be submitted do not comply with this part and part 2 of this chapter, the commissioner shall notify the registrant of the manner in which the article, labeling, or other material required to be submitted fail to comply with this part and part 2 of this chapter so as to afford the registrant an opportunity to make the necessary corrections.
(e) The commissioner may refuse to register or may revoke or suspend any or all registrations where the registrant is found to have violated any provision of this part and part 2 of this chapter, including rules promulgated under authority of this part and part 2 of this chapter. Any such proceedings shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(f) Registration shall not be required of a pesticide that is merely shipped from one plant or warehouse in this state to another for use as a constituent in a registered pesticide. Neither shall registration be required of a pesticide distributed under an experimental use permit issued by the federal environmental protection agency.
(g) Registration shall be maintained for one (1) year after the effective date upon which a registrant ceases to distribute a pesticide within this state, unless the registrant can offer reasonable proof that no quantities of the pesticide remain commercially available.
(h) Pesticide product registration fees shall be set by rule pursuant to § 43-1-703 .
Amended by 2015 Tenn. Acts, ch. 485,s 6, eff. 7/1/2015.
Acts 1951, ch. 150, § 5 (Williams, § 6808.11); 1961, ch. 12, § 2; 1975, ch. 239, § 2; T.C.A. (orig. ed.), § 43-706; Acts 1980, ch. 539, § 6; 1985, ch. 195, § 1; 1994, ch. 960, § 7; 1996, ch. 805, § 4; T.C.A. § 43-8-106 .
Tenn. Code Ann. § 43-21-105 — TN Code / Title 43 / Chapter 21 / Section 43-21-105
Aid not to exceed appropriation
Status: in_force

The total of state aid to be paid by the commissioner of agriculture to eligible fairs shall not exceed the appropriation made to aid agricultural fairs by the general assembly. Acts 1949, ch. 156, § 4; C. Supp. 1950, § 552.36 (Williams, § 552.59); T.C.A. (orig. ed.), § 43-2405.
The total of state aid to be paid by the commissioner of agriculture to eligible fairs shall not exceed the appropriation made to aid agricultural fairs by the general assembly.
Acts 1949, ch. 156, § 4; C. Supp. 1950, § 552.36 (Williams, § 552.59); T.C.A. (orig. ed.), § 43-2405.
Tenn. Code Ann. § 43-11-410 — TN Code / Title 43 / Chapter 11 / Section 43-11-410
Rules and regulations
Status: in_force

The commissioner is authorized to promulgate rules and regulations to effectuate the purposes of this part. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 1989, ch. 7, § 12.
The commissioner is authorized to promulgate rules and regulations to effectuate the purposes of this part. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1989, ch. 7, § 12.
Tenn. Code Ann. § 43-10-119 — TN Code / Title 43 / Chapter 10 / Section 43-10-119
[Repealed]
Status: repealed

Repealed by 2015 Tenn. Acts, ch. 485, s 10, eff. 7/1/2015.
Tenn. Code Ann. § 43-38-622 — TN Code / Title 43 / Chapter 38 / Section 43-38-622
Resignation or removal of officers
Status: in_force

(a) An officer may resign at any time by delivering notice to the cooperative. A resignation is effective when the notice is delivered, unless the notice specifies a later effective date. If a resignation is made effective at a later date and the cooperative accepts the future effective date, the cooperative's board of directors may fill the pending vacancy before the effective date. The cooperative's board of directors may fill the pending vacancy before the effective date, if the board of directors provides that the successor does not take office until the effective date. (b) A board of directors may remove any officer at any time with or without cause, and any officer or assistant officer, if appointed by another officer, may likewise be removed by that officer. Acts 2004, ch. 534, § 25.
(a) An officer may resign at any time by delivering notice to the cooperative. A resignation is effective when the notice is delivered, unless the notice specifies a later effective date. If a resignation is made effective at a later date and the cooperative accepts the future effective date, the cooperative's board of directors may fill the pending vacancy before the effective date. The cooperative's board of directors may fill the pending vacancy before the effective date, if the board of directors provides that the successor does not take office until the effective date.
(b) A board of directors may remove any officer at any time with or without cause, and any officer or assistant officer, if appointed by another officer, may likewise be removed by that officer.
Acts 2004, ch. 534, § 25.
Tenn. Code Ann. § 43-1-601 — TN Code / Title 43 / Chapter 1 / Section 43-1-601
Creation
Status: in_force

There is created and established the Tennessee agricultural hall of fame, to be created, established, and governed as provided by this part. Acts 1937, ch. 43, § 1.
There is created and established the Tennessee agricultural hall of fame, to be created, established, and governed as provided by this part.
Acts 1937, ch. 43, § 1.
Tenn. Code Ann. § 43-6-303 — TN Code / Title 43 / Chapter 6 / Section 43-6-303
[Repealed]
Status: repealed

Repealed by 2014 Tenn. Acts, ch. 509, s 2, eff. 3/6/2014. Acts 1969, ch. 81, § 3; T.C.A., §§ 43-2803, 43-7-103.
Repealed by 2014 Tenn. Acts, ch. 509, s 2, eff. 3/6/2014.
Acts 1969, ch. 81, § 3; T.C.A., §§ 43-2803, 43-7-103.
Tenn. Code Ann. § 43-29-108 — TN Code / Title 43 / Chapter 29 / Section 43-29-108
Conducting referendum - Eligibility - Voting
Status: in_force

(a) Any referendum held under this chapter shall be conducted statewide, under the control and direction of the commissioner. The polling place in each county shall be the offices of the University of Tennessee agriculture extension service. All ballots shall be provided at the polling place. All voting shall be by secret ballot. (b) Each person seeking to vote in the referendum shall be required to file an affidavit stating that such person is a producer. Upon signing an affidavit, such person shall be eligible to vote. (1) The question to be decided at the first referendum for an assessment on beef, pork, or eggs shall be in the following form: Shall the producers of ____________________ assess themselves at the rate of ____________________ cents per ____________________ of ____________________ sold, and use the funds so collected by the department of agriculture, or the department's contractor or designee, and paid over to the Tennessee ____________________ promotion board to finance a program of research, education, market development, marketing, advertising, and other methods designed to promote the increased production, consumption, use, and sale of ____________________ products? (2) The question to be decided at the first referendum for an assessment on corn shall be in the following form: Shall the producers of corn assess themselves at the rate of one cent ($0.01) per bushel of corn sold, and use the funds so collected by the department of agriculture, or the department's contractor or designee, and paid over to the Tennessee corn promotion board to finance a program of research, education, market development, marketing, advertising, and other methods designed to promote the increased production, consumption, use, and sale of corn products? (3) The affirmative vote of the majority of the number of votes cast shall adopt the proposed assessment. (c) Within ten (10) days after the referendum, the commissioner shall canvass the votes and publicly announce the result of the referendum. (d) The expenses of a referendum held under this chapter shall be paid by the department until an assessment is levied. Expenses of subsequent referenda shall be paid from the promotion funds collected under this chapter. (e) No referendum pursuant to this chapter shall be held within one (1) year of any preceding referendum for that particular commodity except as provided in § 43-29-112 . Amended by 2018 Tenn. Acts, ch. 870, s 4, eff. 5/3/2018. Acts 1985, ch. 188, § 8.
(a) Any referendum held under this chapter shall be conducted statewide, under the control and direction of the commissioner. The polling place in each county shall be the offices of the University of Tennessee agriculture extension service. All ballots shall be provided at the polling place. All voting shall be by secret ballot.
(b) Each person seeking to vote in the referendum shall be required to file an affidavit stating that such person is a producer. Upon signing an affidavit, such person shall be eligible to vote. (1) The question to be decided at the first referendum for an assessment on beef, pork, or eggs shall be in the following form: Shall the producers of ____________________ assess themselves at the rate of ____________________ cents per ____________________ of ____________________ sold, and use the funds so collected by the department of agriculture, or the department's contractor or designee, and paid over to the Tennessee ____________________ promotion board to finance a program of research, education, market development, marketing, advertising, and other methods designed to promote the increased production, consumption, use, and sale of ____________________ products? (2) The question to be decided at the first referendum for an assessment on corn shall be in the following form: Shall the producers of corn assess themselves at the rate of one cent ($0.01) per bushel of corn sold, and use the funds so collected by the department of agriculture, or the department's contractor or designee, and paid over to the Tennessee corn promotion board to finance a program of research, education, market development, marketing, advertising, and other methods designed to promote the increased production, consumption, use, and sale of corn products? (3) The affirmative vote of the majority of the number of votes cast shall adopt the proposed assessment.
(1) The question to be decided at the first referendum for an assessment on beef, pork, or eggs shall be in the following form: Shall the producers of ____________________ assess themselves at the rate of ____________________ cents per ____________________ of ____________________ sold, and use the funds so collected by the department of agriculture, or the department's contractor or designee, and paid over to the Tennessee ____________________ promotion board to finance a program of research, education, market development, marketing, advertising, and other methods designed to promote the increased production, consumption, use, and sale of ____________________ products?
Shall the producers of ____________________ assess themselves at the rate of ____________________ cents per ____________________ of ____________________ sold, and use the funds so collected by the department of agriculture, or the department's contractor or designee, and paid over to the Tennessee ____________________ promotion board to finance a program of research, education, market development, marketing, advertising, and other methods designed to promote the increased production, consumption, use, and sale of ____________________ products?
(2) The question to be decided at the first referendum for an assessment on corn shall be in the following form: Shall the producers of corn assess themselves at the rate of one cent ($0.01) per bushel of corn sold, and use the funds so collected by the department of agriculture, or the department's contractor or designee, and paid over to the Tennessee corn promotion board to finance a program of research, education, market development, marketing, advertising, and other methods designed to promote the increased production, consumption, use, and sale of corn products?
Shall the producers of corn assess themselves at the rate of one cent ($0.01) per bushel of corn sold, and use the funds so collected by the department of agriculture, or the department's contractor or designee, and paid over to the Tennessee corn promotion board to finance a program of research, education, market development, marketing, advertising, and other methods designed to promote the increased production, consumption, use, and sale of corn products?
(3) The affirmative vote of the majority of the number of votes cast shall adopt the proposed assessment.
(c) Within ten (10) days after the referendum, the commissioner shall canvass the votes and publicly announce the result of the referendum.
(d) The expenses of a referendum held under this chapter shall be paid by the department until an assessment is levied. Expenses of subsequent referenda shall be paid from the promotion funds collected under this chapter.
(e) No referendum pursuant to this chapter shall be held within one (1) year of any preceding referendum for that particular commodity except as provided in § 43-29-112 .
Amended by 2018 Tenn. Acts, ch. 870, s 4, eff. 5/3/2018.
Acts 1985, ch. 188, § 8.
Tenn. Code Ann. § 43-14-306 — TN Code / Title 43 / Chapter 14 / Section 43-14-306
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 203,s 3, eff. 4/22/2021. Acts 1937 (2nd E. S.), ch. 5, § 5; C. Supp. 1950, § 552.19 (Williams, § 584.13); impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 43-1606.
Repealed by 2021 Tenn. Acts, ch. 203,s 3, eff. 4/22/2021.
Acts 1937 (2nd E. S.), ch. 5, § 5; C. Supp. 1950, § 552.19 (Williams, § 584.13); impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 43-1606.
Tenn. Code Ann. § 43-6-503 — TN Code / Title 43 / Chapter 6 / Section 43-6-503
Biological control agent
Status: in_force

The biological control agent used in the program shall be known to pose no significant threat to people, animals, or the environment as used by the program. The department of agriculture is authorized to suspend the program indefinitely, if the agency has reason to believe that the safety of the citizens or the integrity of the environment of the subject area is threatened. Acts 2006, ch. 981, § 1.
The biological control agent used in the program shall be known to pose no significant threat to people, animals, or the environment as used by the program. The department of agriculture is authorized to suspend the program indefinitely, if the agency has reason to believe that the safety of the citizens or the integrity of the environment of the subject area is threatened.
Acts 2006, ch. 981, § 1.
Tenn. Code Ann. § 43-29-110 — TN Code / Title 43 / Chapter 29 / Section 43-29-110
Records
Status: in_force

Each purchaser shall keep a complete and accurate record of commodities handled by that purchaser and shall furnish each producer with a signed sales slip showing the amount of commodities purchased from that producer and the amount deducted by the purchaser for the promotion fund. These records shall be kept for two (2) years and shall be open to inspection at any time and without notice by the commissioner or the commissioner's representative. The commissioner may from time to time require a purchaser to submit records and reports necessary for collection of the assessment. Acts 1985, ch. 188, § 10.
Each purchaser shall keep a complete and accurate record of commodities handled by that purchaser and shall furnish each producer with a signed sales slip showing the amount of commodities purchased from that producer and the amount deducted by the purchaser for the promotion fund. These records shall be kept for two (2) years and shall be open to inspection at any time and without notice by the commissioner or the commissioner's representative. The commissioner may from time to time require a purchaser to submit records and reports necessary for collection of the assessment.
Acts 1985, ch. 188, § 10.
Tenn. Code Ann. § 43-31-102 — TN Code / Title 43 / Chapter 31 / Section 43-31-102
Chapter definitions
Status: in_force

As used in this chapter, unless the context otherwise requires: (1) "Agricultural chemical" means fertilizers or agricultural chemicals that are applied to crops or to land that is used for raising crops, including fertilizer material, plant amendment, plant food and soil amendment, and pesticide as defined in § 43-8-102 ; (2) "Agricultural production input" means crop production inputs; (3) "Crop production input" means agricultural chemicals, seeds, petroleum products, the custom application of agricultural chemicals and seeds; (4) "Debtor" means a farmer who is or has requested financial assistance from a lender through a supplier; (5) "Lender" means a person in the business of lending money identified in a security interest notification statement; provided, that in the case of a bank, "lender" means a bank that has an existing banking relationship with the debtor either due to an agricultural crop loan made within the preceding two (2) years, an existing farm or agricultural loan or mortgage or an existing deposit account; (6) "Letter of commitment" means a binding, irrevocable and unconditional agreement by a lender to honor drafts or other demands for payment upon the supplier presenting invoices signed by the purchaser or other proof of delivery; (7) "Person" means an individual or an organization and includes a corporation, firm or association; (8) "Petroleum product" means motor fuels and special fuels that are used in the production of crops, including "petroleum products," as defined in § 67-3-902 ; (9) "Proceeds" means proceeds as defined in § 47-9-102 ; (10) "Seed" means agricultural seeds that are used to produce crops, including "agricultural seed," as defined in § 43-10-103 ; and (11) "Supplier" means a person who furnishes agricultural production inputs. Acts 1986, ch. 922, § 2.
As used in this chapter, unless the context otherwise requires:
(1) "Agricultural chemical" means fertilizers or agricultural chemicals that are applied to crops or to land that is used for raising crops, including fertilizer material, plant amendment, plant food and soil amendment, and pesticide as defined in § 43-8-102 ;
(2) "Agricultural production input" means crop production inputs;
(3) "Crop production input" means agricultural chemicals, seeds, petroleum products, the custom application of agricultural chemicals and seeds;
(4) "Debtor" means a farmer who is or has requested financial assistance from a lender through a supplier;
(5) "Lender" means a person in the business of lending money identified in a security interest notification statement; provided, that in the case of a bank, "lender" means a bank that has an existing banking relationship with the debtor either due to an agricultural crop loan made within the preceding two (2) years, an existing farm or agricultural loan or mortgage or an existing deposit account;
(6) "Letter of commitment" means a binding, irrevocable and unconditional agreement by a lender to honor drafts or other demands for payment upon the supplier presenting invoices signed by the purchaser or other proof of delivery;
(7) "Person" means an individual or an organization and includes a corporation, firm or association;
(8) "Petroleum product" means motor fuels and special fuels that are used in the production of crops, including "petroleum products," as defined in § 67-3-902 ;
(9) "Proceeds" means proceeds as defined in § 47-9-102 ;
(10) "Seed" means agricultural seeds that are used to produce crops, including "agricultural seed," as defined in § 43-10-103 ; and
(11) "Supplier" means a person who furnishes agricultural production inputs.
Acts 1986, ch. 922, § 2.
Tenn. Code Ann. § 43-14-209 — TN Code / Title 43 / Chapter 14 / Section 43-14-209
Publication of results of referendum - Determination of whether operation of district is administratively practicable and feasible
Status: in_force

The commission shall publish the result of the referendum and shall thereafter consider and determine whether the operation of the district within the defined boundaries is administratively practicable and feasible. If the commission determines that the operation of the district is not administratively practicable and feasible, it shall record this determination and deny the petition. If the commission determines that the operation of the district is administratively practicable and feasible, it shall record this determination and shall proceed with the organization of the district in the manner provided in this part. In making this determination, the commission shall give due regard and weight to the attitudes of the landowners and land occupiers of lands lying within the defined boundaries, the number of landowners eligible to vote in the referendum who have voted, the proportion of the votes cast in the referendum in favor of the creation of the district to the total number of votes cast, the probable expense of carrying on erosion-control operations within the district, and other economic and social factors relevant to the determination; provided, that the commission shall not determine that the operation of the proposed district within the defined boundaries is administratively practicable and feasible, unless at least a majority of the votes cast in the referendum upon the proposition of creation of the district were cast in favor of the creation of the district. Amended by 2021 Tenn. Acts, ch. 203, s 2, eff. 4/22/2021. Acts 1939, ch. 197, § 5; C. Supp. 1950, § 552.5 (Williams, § 552.35); T.C.A. (orig. ed.), § 43-1509.
The commission shall publish the result of the referendum and shall thereafter consider and determine whether the operation of the district within the defined boundaries is administratively practicable and feasible. If the commission determines that the operation of the district is not administratively practicable and feasible, it shall record this determination and deny the petition. If the commission determines that the operation of the district is administratively practicable and feasible, it shall record this determination and shall proceed with the organization of the district in the manner provided in this part. In making this determination, the commission shall give due regard and weight to the attitudes of the landowners and land occupiers of lands lying within the defined boundaries, the number of landowners eligible to vote in the referendum who have voted, the proportion of the votes cast in the referendum in favor of the creation of the district to the total number of votes cast, the probable expense of carrying on erosion-control operations within the district, and other economic and social factors relevant to the determination; provided, that the commission shall not determine that the operation of the proposed district within the defined boundaries is administratively practicable and feasible, unless at least a majority of the votes cast in the referendum upon the proposition of creation of the district were cast in favor of the creation of the district.
Amended by 2021 Tenn. Acts, ch. 203, s 2, eff. 4/22/2021.
Acts 1939, ch. 197, § 5; C. Supp. 1950, § 552.5 (Williams, § 552.35); T.C.A. (orig. ed.), § 43-1509.
Tenn. Code Ann. § 43-27-203 — TN Code / Title 43 / Chapter 27 / Section 43-27-203
License required for manufacturing, producing, or selling hemp-derived cannabinoid products - Offenses and penalties
Status: in_force

(a) (1) It is an offense for a person or entity to engage in the business of manufacturing, producing, or selling products containing a hemp-derived cannabinoid in this state without a valid license required by this part. (2) A product containing a hemp-derived cannabinoid that is sold or offered for sale in violation of subdivision (a)(1) is subject to seizure and forfeiture pursuant to § 53-11-451 . (b) (1) It is an offense to knowingly sell or distribute a product containing a hemp-derived cannabinoid without having first obtained proof of age from the purchaser or recipient. (2) It is an offense for a person to knowingly sell or distribute a product containing a hemp-derived cannabinoid to a person who is under twenty-one (21) years of age or to purchase a product containing a hemp-derived cannabinoid on behalf of a person who is under twenty-one (21) years of age. (3) It is an offense for a person to knowingly assist a person who is under twenty-one (21) years of age to purchase, acquire, receive, or attempt to purchase a product containing a hemp-derived cannabinoid. (4) It is an offense for a person who is under twenty-one (21) years of age to knowingly purchase, possess, or accept receipt of a product containing a hemp-derived cannabinoid or to knowingly present purported proof of age that is false, fraudulent, or not actually that person's for the purpose of purchasing or receiving a product containing a hemp-derived cannabinoid. (5) This subsection (b) does not preclude law enforcement efforts involving: (A) The use of a minor if the minor's parent or legal guardian has consented to this action; or (B) The use of a person under twenty-one (21) years of age who is not a minor if the individual has consented to this action. (c) It is an offense to knowingly distribute samples of products containing a hemp-derived cannabinoid in or on a public street, sidewalk, or park. (d) A violation of this section is a Class A misdemeanor. (e) Notwithstanding this part to the contrary and except as provided in § 43-27-205 , state and local law enforcement officers have concurrent jurisdiction to enforce violations of this section and § 43-27-204 . Added by 2023 Tenn. Acts, ch. 423, s 1, eff. 7/1/2024. Acts 2023, ch. 423, § 1.
(a) (1) It is an offense for a person or entity to engage in the business of manufacturing, producing, or selling products containing a hemp-derived cannabinoid in this state without a valid license required by this part. (2) A product containing a hemp-derived cannabinoid that is sold or offered for sale in violation of subdivision (a)(1) is subject to seizure and forfeiture pursuant to § 53-11-451 .
(1) It is an offense for a person or entity to engage in the business of manufacturing, producing, or selling products containing a hemp-derived cannabinoid in this state without a valid license required by this part.
(2) A product containing a hemp-derived cannabinoid that is sold or offered for sale in violation of subdivision (a)(1) is subject to seizure and forfeiture pursuant to § 53-11-451 .
(b) (1) It is an offense to knowingly sell or distribute a product containing a hemp-derived cannabinoid without having first obtained proof of age from the purchaser or recipient. (2) It is an offense for a person to knowingly sell or distribute a product containing a hemp-derived cannabinoid to a person who is under twenty-one (21) years of age or to purchase a product containing a hemp-derived cannabinoid on behalf of a person who is under twenty-one (21) years of age. (3) It is an offense for a person to knowingly assist a person who is under twenty-one (21) years of age to purchase, acquire, receive, or attempt to purchase a product containing a hemp-derived cannabinoid. (4) It is an offense for a person who is under twenty-one (21) years of age to knowingly purchase, possess, or accept receipt of a product containing a hemp-derived cannabinoid or to knowingly present purported proof of age that is false, fraudulent, or not actually that person's for the purpose of purchasing or receiving a product containing a hemp-derived cannabinoid. (5) This subsection (b) does not preclude law enforcement efforts involving: (A) The use of a minor if the minor's parent or legal guardian has consented to this action; or (B) The use of a person under twenty-one (21) years of age who is not a minor if the individual has consented to this action.
(1) It is an offense to knowingly sell or distribute a product containing a hemp-derived cannabinoid without having first obtained proof of age from the purchaser or recipient.
(2) It is an offense for a person to knowingly sell or distribute a product containing a hemp-derived cannabinoid to a person who is under twenty-one (21) years of age or to purchase a product containing a hemp-derived cannabinoid on behalf of a person who is under twenty-one (21) years of age.
(3) It is an offense for a person to knowingly assist a person who is under twenty-one (21) years of age to purchase, acquire, receive, or attempt to purchase a product containing a hemp-derived cannabinoid.
(4) It is an offense for a person who is under twenty-one (21) years of age to knowingly purchase, possess, or accept receipt of a product containing a hemp-derived cannabinoid or to knowingly present purported proof of age that is false, fraudulent, or not actually that person's for the purpose of purchasing or receiving a product containing a hemp-derived cannabinoid.
(5) This subsection (b) does not preclude law enforcement efforts involving: (A) The use of a minor if the minor's parent or legal guardian has consented to this action; or (B) The use of a person under twenty-one (21) years of age who is not a minor if the individual has consented to this action.
(A) The use of a minor if the minor's parent or legal guardian has consented to this action; or
(B) The use of a person under twenty-one (21) years of age who is not a minor if the individual has consented to this action.
(c) It is an offense to knowingly distribute samples of products containing a hemp-derived cannabinoid in or on a public street, sidewalk, or park.
(d) A violation of this section is a Class A misdemeanor.
(e) Notwithstanding this part to the contrary and except as provided in § 43-27-205 , state and local law enforcement officers have concurrent jurisdiction to enforce violations of this section and § 43-27-204 .
Added by 2023 Tenn. Acts, ch. 423, s 1, eff. 7/1/2024.
Acts 2023, ch. 423, § 1.
Tenn. Code Ann. § 43-10-107 — TN Code / Title 43 / Chapter 10 / Section 43-10-107
Label requirements - Vegetable seeds in containers of one pound or less
Status: in_force

Labels for vegetable seeds in containers of one (1) pound or less, including vegetable seeds in preplanted containers, mats, tapes, or other planting devices, shall show the following information: (1) Name of kind and variety of seed. Hybrids shall be labeled as hybrids; (2) Lot number or other lot identification; (3) (A) Percentage germination and calendar month and year the test was completed, or year for which packed; provided, that the words "Packed for" precedes the year. However, no seed are to be offered or exposed for sale at retail outlets before the year for which packed; (B) Any seed offered or exposed for sale after the year for which packed, unless in hermetically sealed containers, must show a current germination test as required in § 43-10-109(1)(B) . The person in possession of such seed will be responsible for securing a new germination test; (4) Name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within this state; (5) For seeds that germinate less than the standards last established by the commissioner under this part: (A) The percentage of germination, exclusive of hard seed; (B) The percentage of hard seed, if present; (C) The calendar month and year the test was completed to determine such percentage; (D) In addition to the individual percentage statement of germination and hard seed, the total percentage of germination and hard seed may be stated, if desired; and (E) The words "Below Standard" in not less than eight (8) point type; and (6) For seeds in a germination medium, mat, tape, or other device in such a way as to make it difficult to determine the quantity of seed without removing the seeds from the medium, mat, tape, or device, a statement to indicate the minimum number of seeds in the container. Acts 1986, ch. 660, § 8.
Labels for vegetable seeds in containers of one (1) pound or less, including vegetable seeds in preplanted containers, mats, tapes, or other planting devices, shall show the following information:
(1) Name of kind and variety of seed. Hybrids shall be labeled as hybrids;
(2) Lot number or other lot identification;
(3) (A) Percentage germination and calendar month and year the test was completed, or year for which packed; provided, that the words "Packed for" precedes the year. However, no seed are to be offered or exposed for sale at retail outlets before the year for which packed; (B) Any seed offered or exposed for sale after the year for which packed, unless in hermetically sealed containers, must show a current germination test as required in § 43-10-109(1)(B) . The person in possession of such seed will be responsible for securing a new germination test;
(A) Percentage germination and calendar month and year the test was completed, or year for which packed; provided, that the words "Packed for" precedes the year. However, no seed are to be offered or exposed for sale at retail outlets before the year for which packed;
(B) Any seed offered or exposed for sale after the year for which packed, unless in hermetically sealed containers, must show a current germination test as required in § 43-10-109(1)(B) . The person in possession of such seed will be responsible for securing a new germination test;
(4) Name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within this state;
(5) For seeds that germinate less than the standards last established by the commissioner under this part: (A) The percentage of germination, exclusive of hard seed; (B) The percentage of hard seed, if present; (C) The calendar month and year the test was completed to determine such percentage; (D) In addition to the individual percentage statement of germination and hard seed, the total percentage of germination and hard seed may be stated, if desired; and (E) The words "Below Standard" in not less than eight (8) point type; and
(A) The percentage of germination, exclusive of hard seed;
(B) The percentage of hard seed, if present;
(C) The calendar month and year the test was completed to determine such percentage;
(D) In addition to the individual percentage statement of germination and hard seed, the total percentage of germination and hard seed may be stated, if desired; and
(E) The words "Below Standard" in not less than eight (8) point type; and
(6) For seeds in a germination medium, mat, tape, or other device in such a way as to make it difficult to determine the quantity of seed without removing the seeds from the medium, mat, tape, or device, a statement to indicate the minimum number of seeds in the container.
Acts 1986, ch. 660, § 8.
Tenn. Code Ann. § 43-19-305 — TN Code / Title 43 / Chapter 19 / Section 43-19-305
Penalty for violation
Status: in_force

A violation of this part or the rules and regulations promulgated under this part is a Class C misdemeanor. Acts 1949, ch. 141, § 5; C. Supp. 1950, § 6669.5 (Williams, § 6675.5); T.C.A. (orig. ed.), § 43-2135; Acts 1989, ch. 591, § 113.
A violation of this part or the rules and regulations promulgated under this part is a Class C misdemeanor.
Acts 1949, ch. 141, § 5; C. Supp. 1950, § 6669.5 (Williams, § 6675.5); T.C.A. (orig. ed.), § 43-2135; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 43-6-106 — TN Code / Title 43 / Chapter 6 / Section 43-6-106
Duties of commissioner - Powers
Status: in_force

It is the duty of the commissioner to protect the agricultural, silvicultural and horticultural or other interests of the state from insect pests, pest plants, or plant diseases and to that end the commissioner is vested with power and authority to: (1) Inspect or cause to be inspected by duly authorized agents or employees, plants, plant products, or other articles or things that may, in the commissioner's opinion, be capable of disseminating or carrying insect pests, pest plants, or plant diseases. For this purpose, the commissioner has the power to go upon any property, including private property, posted or otherwise, and open any bundle, package, or other container containing, or thought to contain, plants, plant products, or other articles or things capable of transmitting or carrying insect pests, pest plants, or plant diseases; (2) Supervise or cause the treatment, cutting, or destruction of plants; treat or supervise treatment of land and soil; require the elimination of specific crops and prohibit the planting of those crops in designated areas for stipulated periods; regulate planting dates, harvest dates, and other cultural practices in designated areas; require destruction, treatment, other handling of crop residues and debris in designated areas; otherwise regulate land use in designated areas, when any or all of these measures are necessary to prevent the dissemination or to control or to eradicate insect pests, pest plants, or plant diseases and when rules and regulations therefor have been duly promulgated; (3) Inspect or cause to be inspected all nurseries, greenhouses, or other plant growing establishments of whatever kind in the state at such intervals as the commissioner may deem best and promulgate such rules and regulations governing nurseries, greenhouses and other plant growing establishments and the movement of nursery stock, plants, and plant propagating material as the commissioner may deem necessary in the eradication, control or prevention of spread of insect pests, pest plants, or plant diseases; (4) Promulgate rules and regulations to govern the sale and distribution of nursery stock, other plants or plant propagating material by dealers and agents; (5) Promulgate rules and regulations under which nursery stock, other plants, plant propagating material, and plant products may be brought into this state from other states, territories, and foreign countries; (6) Promulgate such rules and regulations with reference to plants and plant products while in transit through this state as may be deemed necessary to prevent the introduction into and dissemination within this state of insect pests, pest plants, or plant diseases; (7) Require of any person, firm or corporation having plants, plant products, or other articles or things likely to carry insect pests, pest plants, or plant diseases, in the possession of such person, firm or corporation to give full information as to the origin and source of such plants, plant products, or other articles or things. It is a Class A misdemeanor for such person, firm or corporation to refuse to give such information if able to do so; (8) Declare a dangerous insect pest, pest plant, or plant disease to be a public nuisance as well as any plant or other thing infested or infected with a dangerous insect pest, pest plant, or plant disease or that has been exposed to infestation or infection and therefore likely to communicate infestation or infection; (9) Declare a quarantine against any area, place, nursery, forest, orchard, farm lot, or other boundary of whatever size or description, or any county or counties within this state, other states, territories, foreign countries or portion thereof in reference to dangerous insect pests, pest plants, or plant diseases and prohibit the movement within the state or any part of the state or the introduction into this state from other states, territories, or foreign countries, of all plants, plant propagating material, plant products, or other articles or things including soil from quarantined places or areas that are likely to carry dangerous insect pests, pest plants, or plant diseases if the quarantine is determined, after due investigation by the commissioner to be necessary in order to protect the agricultural, horticultural, and silvicultural, or other interests of this state. In such cases, the quarantine may be made absolute, or rules and regulations may be adopted prescribing the method and manner under which the prohibited articles may be moved into or within, sold, or otherwise disposed of in this state; (10) Intercept and inspect while in transit or after arrival at destination, all plants, plant propagating material, plant products, or other things likely to carry insect pests, pest plants, or plant diseases being moved in this state, and if upon inspection, such plants, plant propagating material, plant products, or other things are found to be infested or infected with an injurious insect pest, pest plant, or plant disease, or if such material is believed to be likely to communicate or transmit an injurious insect pest, pest plant, or plant disease or is being transported in violation of any of the rules and regulations established pursuant to and under the authority of this part, then the plants, plant propagation material, plant products or other things may be treated when necessary, at the expense of the owners, and released, returned to the sender, or destroyed, the disposition to be determined under rules and regulations to be promulgated by the commissioner; (11) Carry on investigations relating to methods of control, eradication, and/or prevention of spread of insect pests, pest plants, or plant diseases, and for that purpose may rent, lease, or purchase the necessary facilities, in accordance with existing state law pertaining to such transactions; and (12) Apply to courts of competent jurisdiction for writs of injunction and institute criminal proceedings for the enforcement of this part. It is the duty of the several district attorneys general to represent the commissioner when called upon to do so. Acts 1955, ch. 8, § 6; 1959, ch. 78, § 3; T.C.A., § 43-520; Acts 1989, ch. 591, § 1; 1995, ch. 330, § 2; 1997, ch. 70, § 5.
It is the duty of the commissioner to protect the agricultural, silvicultural and horticultural or other interests of the state from insect pests, pest plants, or plant diseases and to that end the commissioner is vested with power and authority to:
(1) Inspect or cause to be inspected by duly authorized agents or employees, plants, plant products, or other articles or things that may, in the commissioner's opinion, be capable of disseminating or carrying insect pests, pest plants, or plant diseases. For this purpose, the commissioner has the power to go upon any property, including private property, posted or otherwise, and open any bundle, package, or other container containing, or thought to contain, plants, plant products, or other articles or things capable of transmitting or carrying insect pests, pest plants, or plant diseases;
(2) Supervise or cause the treatment, cutting, or destruction of plants; treat or supervise treatment of land and soil; require the elimination of specific crops and prohibit the planting of those crops in designated areas for stipulated periods; regulate planting dates, harvest dates, and other cultural practices in designated areas; require destruction, treatment, other handling of crop residues and debris in designated areas; otherwise regulate land use in designated areas, when any or all of these measures are necessary to prevent the dissemination or to control or to eradicate insect pests, pest plants, or plant diseases and when rules and regulations therefor have been duly promulgated;
(3) Inspect or cause to be inspected all nurseries, greenhouses, or other plant growing establishments of whatever kind in the state at such intervals as the commissioner may deem best and promulgate such rules and regulations governing nurseries, greenhouses and other plant growing establishments and the movement of nursery stock, plants, and plant propagating material as the commissioner may deem necessary in the eradication, control or prevention of spread of insect pests, pest plants, or plant diseases;
(4) Promulgate rules and regulations to govern the sale and distribution of nursery stock, other plants or plant propagating material by dealers and agents;
(5) Promulgate rules and regulations under which nursery stock, other plants, plant propagating material, and plant products may be brought into this state from other states, territories, and foreign countries;
(6) Promulgate such rules and regulations with reference to plants and plant products while in transit through this state as may be deemed necessary to prevent the introduction into and dissemination within this state of insect pests, pest plants, or plant diseases;
(7) Require of any person, firm or corporation having plants, plant products, or other articles or things likely to carry insect pests, pest plants, or plant diseases, in the possession of such person, firm or corporation to give full information as to the origin and source of such plants, plant products, or other articles or things. It is a Class A misdemeanor for such person, firm or corporation to refuse to give such information if able to do so;
(8) Declare a dangerous insect pest, pest plant, or plant disease to be a public nuisance as well as any plant or other thing infested or infected with a dangerous insect pest, pest plant, or plant disease or that has been exposed to infestation or infection and therefore likely to communicate infestation or infection;
(9) Declare a quarantine against any area, place, nursery, forest, orchard, farm lot, or other boundary of whatever size or description, or any county or counties within this state, other states, territories, foreign countries or portion thereof in reference to dangerous insect pests, pest plants, or plant diseases and prohibit the movement within the state or any part of the state or the introduction into this state from other states, territories, or foreign countries, of all plants, plant propagating material, plant products, or other articles or things including soil from quarantined places or areas that are likely to carry dangerous insect pests, pest plants, or plant diseases if the quarantine is determined, after due investigation by the commissioner to be necessary in order to protect the agricultural, horticultural, and silvicultural, or other interests of this state. In such cases, the quarantine may be made absolute, or rules and regulations may be adopted prescribing the method and manner under which the prohibited articles may be moved into or within, sold, or otherwise disposed of in this state;
(10) Intercept and inspect while in transit or after arrival at destination, all plants, plant propagating material, plant products, or other things likely to carry insect pests, pest plants, or plant diseases being moved in this state, and if upon inspection, such plants, plant propagating material, plant products, or other things are found to be infested or infected with an injurious insect pest, pest plant, or plant disease, or if such material is believed to be likely to communicate or transmit an injurious insect pest, pest plant, or plant disease or is being transported in violation of any of the rules and regulations established pursuant to and under the authority of this part, then the plants, plant propagation material, plant products or other things may be treated when necessary, at the expense of the owners, and released, returned to the sender, or destroyed, the disposition to be determined under rules and regulations to be promulgated by the commissioner;
(11) Carry on investigations relating to methods of control, eradication, and/or prevention of spread of insect pests, pest plants, or plant diseases, and for that purpose may rent, lease, or purchase the necessary facilities, in accordance with existing state law pertaining to such transactions; and
(12) Apply to courts of competent jurisdiction for writs of injunction and institute criminal proceedings for the enforcement of this part. It is the duty of the several district attorneys general to represent the commissioner when called upon to do so.
Acts 1955, ch. 8, § 6; 1959, ch. 78, § 3; T.C.A., § 43-520; Acts 1989, ch. 591, § 1; 1995, ch. 330, § 2; 1997, ch. 70, § 5.
Tenn. Code Ann. § 43-16-128 — TN Code / Title 43 / Chapter 16 / Section 43-16-128
Common stock not to be transferred to persons not engaged in agricultural production
Status: repealed

The bylaws shall prohibit the transfer of the common stock of the association to persons not engaged in the production of agricultural products handled by the association; and such restrictions must be printed upon every certificate of stock subject to the restrictions. Acts 1923, ch. 100, § 15; Shan. Supp., § 2534a53; Code 1932, §3811; T.C.A. (orig. ed.), § 43-1829.
The bylaws shall prohibit the transfer of the common stock of the association to persons not engaged in the production of agricultural products handled by the association; and such restrictions must be printed upon every certificate of stock subject to the restrictions.
Acts 1923, ch. 100, § 15; Shan. Supp., § 2534a53; Code 1932, §3811; T.C.A. (orig. ed.), § 43-1829.
Tenn. Code Ann. § 43-16-148 — TN Code / Title 43 / Chapter 16 / Section 43-16-148
Corporations organized as subsidiaries of agricultural cooperative associations exempt from privilege taxes
Status: in_force

All corporations organized as subsidiaries and controlled by any agricultural cooperative association formed in accordance with the laws of this state shall not be considered corporations organized for profit and doing business in Tennessee, or subject to any privilege tax levied by any law as a tax for the privilege of doing business for profit in Tennessee, it being the legislative intent to exempt by this section all such subsidiary corporations controlled by agricultural cooperative associations, where any and all profits earned by such subsidiary corporations are paid over to or expended for the benefit of the agricultural cooperative associations, with the result that the activities carried on by the corporations eventually promote and benefit the agricultural interests of this state. Acts 1939, ch. 168, § 1; C. Supp. 1950, § 3830.1; T.C.A. (orig. ed.), § 43-1849.
All corporations organized as subsidiaries and controlled by any agricultural cooperative association formed in accordance with the laws of this state shall not be considered corporations organized for profit and doing business in Tennessee, or subject to any privilege tax levied by any law as a tax for the privilege of doing business for profit in Tennessee, it being the legislative intent to exempt by this section all such subsidiary corporations controlled by agricultural cooperative associations, where any and all profits earned by such subsidiary corporations are paid over to or expended for the benefit of the agricultural cooperative associations, with the result that the activities carried on by the corporations eventually promote and benefit the agricultural interests of this state.
Acts 1939, ch. 168, § 1; C. Supp. 1950, § 3830.1; T.C.A. (orig. ed.), § 43-1849.
Tenn. Code Ann. § 43-16-143 — TN Code / Title 43 / Chapter 16 / Section 43-16-143
Marketing contracts do not constitute conspiracy, combination, illegal monopoly, or unlawful restraint of trade
Status: in_force

No association organized under this chapter and complying with the terms of this chapter shall be deemed to be a conspiracy or a combination in restraint of trade or an illegal monopoly, or an attempt to lessen competition or to fix prices arbitrarily; nor shall the marketing contracts and agreements between the association and its members or any agreements authorized in this chapter be considered illegal as such or in unlawful restraint of trade or as part of a conspiracy or combination to accomplish an improper or illegal purpose. Acts 1923, ch. 100, § 27; Shan. Supp., § 2534a69; Code 1932, §3826; T.C.A. (orig. ed.), § 43-1844.
No association organized under this chapter and complying with the terms of this chapter shall be deemed to be a conspiracy or a combination in restraint of trade or an illegal monopoly, or an attempt to lessen competition or to fix prices arbitrarily; nor shall the marketing contracts and agreements between the association and its members or any agreements authorized in this chapter be considered illegal as such or in unlawful restraint of trade or as part of a conspiracy or combination to accomplish an improper or illegal purpose.
Acts 1923, ch. 100, § 27; Shan. Supp., § 2534a69; Code 1932, §3826; T.C.A. (orig. ed.), § 43-1844.
Tenn. Code Ann. § 43-8-114 — TN Code / Title 43 / Chapter 8 / Section 43-8-114
Local regulation of pesticides
Status: in_force

(a) Except as provided in § 43-8-115 or § 62-21-118(b) , no city, town, county or other political subdivision of this state shall adopt or continue in effect any ordinance, rule, regulation or statute regarding pesticide sale or use, including, but not limited to, registration, notification of use, advertising and marketing, distribution, applicator training and certification, storage, transportation, disposal, disclosure of confidential information or product composition. (b) No provision of this section shall be construed to limit the authority of a city, town or county to zone for storage of such products or to provide or designate sites for disposal of such products, to regulate discharge to a sanitary sewer system or to implement an approved pesticide management plan as may be required by the Safe Drinking Water Act. (c) This section does not apply to any municipality having a population of not less than sixteen thousand five hundred (16,500) nor more than seventeen thousand five hundred (17,500), according to the 1990 federal census or any subsequent federal census. Acts 1992, ch. 667, §§ 2, 5.
(a) Except as provided in § 43-8-115 or § 62-21-118(b) , no city, town, county or other political subdivision of this state shall adopt or continue in effect any ordinance, rule, regulation or statute regarding pesticide sale or use, including, but not limited to, registration, notification of use, advertising and marketing, distribution, applicator training and certification, storage, transportation, disposal, disclosure of confidential information or product composition.
(b) No provision of this section shall be construed to limit the authority of a city, town or county to zone for storage of such products or to provide or designate sites for disposal of such products, to regulate discharge to a sanitary sewer system or to implement an approved pesticide management plan as may be required by the Safe Drinking Water Act.
(c) This section does not apply to any municipality having a population of not less than sixteen thousand five hundred (16,500) nor more than seventeen thousand five hundred (17,500), according to the 1990 federal census or any subsequent federal census.
Acts 1992, ch. 667, §§ 2, 5.
Tenn. Code Ann. § 43-19-210 — TN Code / Title 43 / Chapter 19 / Section 43-19-210
Accepting gratuity or reward - Penalty
Status: in_force

If any warehouse keeper accepts, directly or indirectly, any gratuity or reward for anything by that person done or omitted in the discharge of that person's official duties, that person shall forfeit two hundred dollars ($200) to the state, and, moreover, the warehouse keeper commits a Class C misdemeanor. The warehouse keeper shall also forfeit the office, and be forever afterward disqualified from holding the office of tobacco inspector. Acts 1870-1871, ch. 65, § 16; impl. am. Acts 1877, ch. 109, § 1; Shan., § 3395; mod. Code 1932, § 6494; T.C.A. (orig. ed.), § 43-2119; Acts 1989, ch. 591, § 113.
If any warehouse keeper accepts, directly or indirectly, any gratuity or reward for anything by that person done or omitted in the discharge of that person's official duties, that person shall forfeit two hundred dollars ($200) to the state, and, moreover, the warehouse keeper commits a Class C misdemeanor. The warehouse keeper shall also forfeit the office, and be forever afterward disqualified from holding the office of tobacco inspector.
Acts 1870-1871, ch. 65, § 16; impl. am. Acts 1877, ch. 109, § 1; Shan., § 3395; mod. Code 1932, § 6494; T.C.A. (orig. ed.), § 43-2119; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 43-19-213 — TN Code / Title 43 / Chapter 19 / Section 43-19-213
Description of best hogshead to be posted in warehouse
Status: in_force

The warehouse keeper shall keep posted in some conspicuous place in the warehouse a description of the hogsheads or casks, length, measurement, etc., best suited to contain tobacco for market. Acts 1870-1871, ch. 65, § 19; Shan., § 3398; Code 1932, § 6497; T.C.A. (orig. ed.), § 43-2122.
The warehouse keeper shall keep posted in some conspicuous place in the warehouse a description of the hogsheads or casks, length, measurement, etc., best suited to contain tobacco for market.
Acts 1870-1871, ch. 65, § 19; Shan., § 3398; Code 1932, § 6497; T.C.A. (orig. ed.), § 43-2122.
Tenn. Code Ann. § 43-20-213 — TN Code / Title 43 / Chapter 20 / Section 43-20-213
Personal debt of purchaser - Late payment penalty
Status: in_force

Any amount withheld, or that should have been withheld, by the purchaser due to the assessment shall be a personal debt of the purchaser. If the purchaser's monthly payments to the board are not timely made, a penalty of ten percent (10%) of the amount due shall be imposed. The board is authorized to collect assessments due by any legal proceeding in a court of competent jurisdiction. Acts 1985, ch. 108, § 13; 1991, ch. 157, § 4.
Any amount withheld, or that should have been withheld, by the purchaser due to the assessment shall be a personal debt of the purchaser. If the purchaser's monthly payments to the board are not timely made, a penalty of ten percent (10%) of the amount due shall be imposed. The board is authorized to collect assessments due by any legal proceeding in a court of competent jurisdiction.
Acts 1985, ch. 108, § 13; 1991, ch. 157, § 4.
Tenn. Code Ann. § 43-10-108 — TN Code / Title 43 / Chapter 10 / Section 43-10-108
Label requirements - Vegetable seeds in containers of more than one pound
Status: in_force

Vegetable seeds in containers of more than one (1) pound shall be labeled to show the following information: (1) The name of each kind and variety present in excess of five percent (5%) and the percentage by weight of each in order of its predominance. Hybrids shall be labeled as hybrids; (2) Lot number or other lot identification: (A) The percentage of germination, exclusive of hard seed; (B) The percentage of hard seed, if present; (C) The calendar month and year the test was completed to determine such percentages; (D) In addition to the individual percentage statement of germination and hard seed, the total percentage of germination and hard seed may be stated as such, if desired; (E) Net weight, except when in bulk; and (F) The name and address of the person who sells, offers or exposes the seed for sale within this state; and (3) No tag or label shall be required, unless requested, on seeds sold directly to and in the presence of the purchaser and taken from a bag or container properly labeled. Acts 1986, ch. 660, § 9.
Vegetable seeds in containers of more than one (1) pound shall be labeled to show the following information:
(1) The name of each kind and variety present in excess of five percent (5%) and the percentage by weight of each in order of its predominance. Hybrids shall be labeled as hybrids;
(2) Lot number or other lot identification: (A) The percentage of germination, exclusive of hard seed; (B) The percentage of hard seed, if present; (C) The calendar month and year the test was completed to determine such percentages; (D) In addition to the individual percentage statement of germination and hard seed, the total percentage of germination and hard seed may be stated as such, if desired; (E) Net weight, except when in bulk; and (F) The name and address of the person who sells, offers or exposes the seed for sale within this state; and
(A) The percentage of germination, exclusive of hard seed;
(B) The percentage of hard seed, if present;
(C) The calendar month and year the test was completed to determine such percentages;
(D) In addition to the individual percentage statement of germination and hard seed, the total percentage of germination and hard seed may be stated as such, if desired;
(E) Net weight, except when in bulk; and
(F) The name and address of the person who sells, offers or exposes the seed for sale within this state; and
(3) No tag or label shall be required, unless requested, on seeds sold directly to and in the presence of the purchaser and taken from a bag or container properly labeled.
Acts 1986, ch. 660, § 9.
Tenn. Code Ann. § 43-8-315 — TN Code / Title 43 / Chapter 8 / Section 43-8-315
Recovery by the department of costs of disciplinary hearings - Payment of penalties and costs - Failure to make payment
Status: in_force

(a) Notwithstanding any contrary provision of law, the department shall recover, in addition to civil penalties, the actual and reasonable costs of the hearing of any disciplinary action held in accordance with the contested case provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, in which sanctions of any kind are imposed on any person or entity required to be licensed, permitted, registered or otherwise authorized or regulated by the department or its respective divisions, boards, commissions or agencies. These costs shall include, but are not limited to, those incurred and assessed for the time of the prosecuting attorneys, expert witnesses, administrative judges, court reporters and any other persons involved in the prosecution and hearing of the action. (b) (1) All civil penalties and costs assessed pursuant to this part shall be paid within thirty (30) days after the date a final order is entered. (2) If the individual or entity disciplined fails to pay the civil penalty or costs assessed within thirty (30) days after the date a final order is entered, the department is entitled, as a matter of law, to a judgment directing the person to pay the civil penalties and costs to the department. Jurisdiction for recovery of civil penalties and costs shall be in the chancery court of Davidson County. Acts 2006, ch. 626, § 1.
(a) Notwithstanding any contrary provision of law, the department shall recover, in addition to civil penalties, the actual and reasonable costs of the hearing of any disciplinary action held in accordance with the contested case provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, in which sanctions of any kind are imposed on any person or entity required to be licensed, permitted, registered or otherwise authorized or regulated by the department or its respective divisions, boards, commissions or agencies. These costs shall include, but are not limited to, those incurred and assessed for the time of the prosecuting attorneys, expert witnesses, administrative judges, court reporters and any other persons involved in the prosecution and hearing of the action.
(b) (1) All civil penalties and costs assessed pursuant to this part shall be paid within thirty (30) days after the date a final order is entered. (2) If the individual or entity disciplined fails to pay the civil penalty or costs assessed within thirty (30) days after the date a final order is entered, the department is entitled, as a matter of law, to a judgment directing the person to pay the civil penalties and costs to the department. Jurisdiction for recovery of civil penalties and costs shall be in the chancery court of Davidson County.
(1) All civil penalties and costs assessed pursuant to this part shall be paid within thirty (30) days after the date a final order is entered.
(2) If the individual or entity disciplined fails to pay the civil penalty or costs assessed within thirty (30) days after the date a final order is entered, the department is entitled, as a matter of law, to a judgment directing the person to pay the civil penalties and costs to the department. Jurisdiction for recovery of civil penalties and costs shall be in the chancery court of Davidson County.
Acts 2006, ch. 626, § 1.
Tenn. Code Ann. § 43-16-139 — TN Code / Title 43 / Chapter 16 / Section 43-16-139
Association may be interested in other like associations
Status: in_force

An association may organize, form, operate, own, control, have an interest in, own stock of, or be a member of any other corporation or corporations, with or without capital stock, and engaged in preserving, drying, processing, canning, packing, storing, handling, shipping, utilizing, manufacturing, marketing, or selling of the agricultural products handled by the association or the by-products of such products. Acts 1923, ch. 100, § 23; Shan. Supp., § 2534a64; Code 1932, §3822; T.C.A. (orig. ed.), § 43-1840.
An association may organize, form, operate, own, control, have an interest in, own stock of, or be a member of any other corporation or corporations, with or without capital stock, and engaged in preserving, drying, processing, canning, packing, storing, handling, shipping, utilizing, manufacturing, marketing, or selling of the agricultural products handled by the association or the by-products of such products.
Acts 1923, ch. 100, § 23; Shan. Supp., § 2534a64; Code 1932, §3822; T.C.A. (orig. ed.), § 43-1840.
Tenn. Code Ann. § 43-16-109 — TN Code / Title 43 / Chapter 16 / Section 43-16-109
Members - Qualifications
Status: in_force

(a) Under the terms and conditions prescribed in the bylaws adopted by it, an association may admit as members, or issue common stock to, only persons engaged in the production of the agricultural products to be handled by or through the association, including the lessees and tenants of land used for the production of such products and any lessors and landlords who receive as rent all or any part of the crop raised on the leased premises. (b) If a member of a nonstock association is other than a natural person, that member may be represented by any individual, associate, officer, or manager, or member thereof, duly authorized in writing. (c) One (1) association organized under this chapter may become a member or stockholder of any other association or associations organized under this chapter. Acts 1923, ch. 100, § 7; Shan. Supp., § 2534a33; Code 1932, §3791; T.C.A. (orig. ed.), § 43-1809.
(a) Under the terms and conditions prescribed in the bylaws adopted by it, an association may admit as members, or issue common stock to, only persons engaged in the production of the agricultural products to be handled by or through the association, including the lessees and tenants of land used for the production of such products and any lessors and landlords who receive as rent all or any part of the crop raised on the leased premises.
(b) If a member of a nonstock association is other than a natural person, that member may be represented by any individual, associate, officer, or manager, or member thereof, duly authorized in writing.
(c) One (1) association organized under this chapter may become a member or stockholder of any other association or associations organized under this chapter.
Acts 1923, ch. 100, § 7; Shan. Supp., § 2534a33; Code 1932, §3791; T.C.A. (orig. ed.), § 43-1809.
Tenn. Code Ann. § 43-6-109 — TN Code / Title 43 / Chapter 6 / Section 43-6-109
Pests and diseases - Special permits
Status: in_force

The introduction into this state of any insect pests, pest plants, or plant diseases, except under a special permit issued by the commissioner, is prohibited. Acts 1955, ch. 8, § 9; T.C.A., § 43-523; Acts 1995, ch. 330, § 4; 1997, ch. 70, § 8.
The introduction into this state of any insect pests, pest plants, or plant diseases, except under a special permit issued by the commissioner, is prohibited.
Acts 1955, ch. 8, § 9; T.C.A., § 43-523; Acts 1995, ch. 330, § 4; 1997, ch. 70, § 8.
Tenn. Code Ann. § 43-16-108 — TN Code / Title 43 / Chapter 16 / Section 43-16-108
Powers of incorporated association
Status: in_force

Each association incorporated under this chapter has the power to: (1) Engage in activity in connection with the marketing, selling, preserving, harvesting, drying, processing, manufacturing, canning, packing, grading, storing, handling, or utilization of any agricultural products produced or delivered to it by its members, or the manufacturing, or marketing of the by-products thereof; or any activity in connection with the purchase, hiring, or use by its members of supplies, machinery, or equipment; or in the financing of any such activities; or in any one (1) or more of the activities specified in this section; and the association may also buy, sell and deal in agricultural products of nonmembers to an amount not greater in value than such as are handled by it for its members; (2) Borrow money and make advance payments and advances to members; (3) Act as the agent or representative of any member or members in any of the above mentioned activities; (4) Purchase or otherwise acquire, and hold, own, and exercise all rights or ownership in, and sell, transfer, or pledge, or guarantee the payment of dividends or interest on or the retirement or redemption of shares of the capital stock or bonds of any corporation or association engaged in any related activity or in the warehousing or handling or marketing of any of the products handled by the association; (5) Establish reserves and invest the funds thereof in bonds or in such other property as may be provided in the bylaws; (6) Buy, hold, and exercise all privileges of ownership over such real or personal property as may be necessary or convenient for the conduct and operation of any business of the association, or incidental thereto; (7) Establish, secure, own and develop patents, trademarks and copyrights; and (8) Do each and everything necessary, suitable or proper for the accomplishment of any one (1) of the purposes or the attainment of any one (1) or more of the subjects, enumerated in this section, or conducive to or expedient for the interest or benefit of the association, and contract accordingly; and, in addition, exercise and possess all powers, rights and privileges necessary or incidental to the purposes for which the association is organized or to the activities in which it is engaged; and, in addition, any other rights, powers, and privileges granted by the laws of this state to ordinary corporations, except those inconsistent with the express provisions of this chapter, and to do any such thing anywhere. Acts 1923, ch. 100, § 6; Shan. Supp., § 2534a32; Code 1932, §3790; Acts 1933, ch. 93, § 1; C. Supp. 1950, § 3790; T.C.A. (orig. ed.) § 43-1808.
Each association incorporated under this chapter has the power to:
(1) Engage in activity in connection with the marketing, selling, preserving, harvesting, drying, processing, manufacturing, canning, packing, grading, storing, handling, or utilization of any agricultural products produced or delivered to it by its members, or the manufacturing, or marketing of the by-products thereof; or any activity in connection with the purchase, hiring, or use by its members of supplies, machinery, or equipment; or in the financing of any such activities; or in any one (1) or more of the activities specified in this section; and the association may also buy, sell and deal in agricultural products of nonmembers to an amount not greater in value than such as are handled by it for its members;
(2) Borrow money and make advance payments and advances to members;
(3) Act as the agent or representative of any member or members in any of the above mentioned activities;
(4) Purchase or otherwise acquire, and hold, own, and exercise all rights or ownership in, and sell, transfer, or pledge, or guarantee the payment of dividends or interest on or the retirement or redemption of shares of the capital stock or bonds of any corporation or association engaged in any related activity or in the warehousing or handling or marketing of any of the products handled by the association;
(5) Establish reserves and invest the funds thereof in bonds or in such other property as may be provided in the bylaws;
(6) Buy, hold, and exercise all privileges of ownership over such real or personal property as may be necessary or convenient for the conduct and operation of any business of the association, or incidental thereto;
(7) Establish, secure, own and develop patents, trademarks and copyrights; and
(8) Do each and everything necessary, suitable or proper for the accomplishment of any one (1) of the purposes or the attainment of any one (1) or more of the subjects, enumerated in this section, or conducive to or expedient for the interest or benefit of the association, and contract accordingly; and, in addition, exercise and possess all powers, rights and privileges necessary or incidental to the purposes for which the association is organized or to the activities in which it is engaged; and, in addition, any other rights, powers, and privileges granted by the laws of this state to ordinary corporations, except those inconsistent with the express provisions of this chapter, and to do any such thing anywhere.
Acts 1923, ch. 100, § 6; Shan. Supp., § 2534a32; Code 1932, §3790; Acts 1933, ch. 93, § 1; C. Supp. 1950, § 3790; T.C.A. (orig. ed.) § 43-1808.
Tenn. Code Ann. § 43-24-101 — TN Code / Title 43 / Chapter 24 / Section 43-24-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Tennessee Community Gardening Act." Amended by 2014 Tenn. Acts, ch. 556,s 1, eff. 3/21/2014. Acts 1977, ch. 409, § 2; T.C.A., § 43-3101.
This chapter shall be known and may be cited as the "Tennessee Community Gardening Act."
Amended by 2014 Tenn. Acts, ch. 556,s 1, eff. 3/21/2014.
Acts 1977, ch. 409, § 2; T.C.A., § 43-3101.
Tenn. Code Ann. § 43-10-103 — TN Code / Title 43 / Chapter 10 / Section 43-10-103
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Advertisement" means all representations, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of this part; (2) "Agricultural seeds" includes the seeds of grass, forage, cereal, and fiber crops and other kinds of seeds commonly recognized within this state as agricultural seeds, lawn seeds, and mixture of such seeds, and may include noxious-weed seeds when the commissioner determines that such seed is being used as agricultural seed; (3) "Association of Official Seed Certifying Agencies (AOSCA)" is an organization that is incorporated and whose members are the certifying agencies; (4) "Brand" means the name, term, design, or trademark under which any person offers seed for sale; (5) "Certifying agency" means an agency authorized to officially certify seed under the laws of a state, territory, possession, or foreign country and that has certification standards for genetic purity and identity that meet those standards established by the Association of Official Seed Certifying Agencies and referenced in its official handbook; (6) "Class of certified seed" means one (1) of four (4) classes of certified seeds: (A) Breeder; (B) Foundation; (C) Registered; and (D) Certified as determined under procedures established by the Association of Official Seed Certifying Agencies and referenced in its official handbook; (7) "Commissioner" means the commissioner of agriculture or the commissioner's designated agent or agents; (8) "Conditioning" means cleaning, scarifying, treating, or blending to obtain uniform quality, and other operations that would change the purity or germination of the seed and therefore require testing to determine the quality of the seed, but does not include operations such as packaging, labeling, blending together of uniform lots of the same kind or variety without cleaning, or the preparation of a mixture without cleaning, any of which would not require retesting to determine the quality of the seed; (9) "Date of test" means the month and year the percentage of germination appearing on the label was obtained by laboratory test; (10) "Germination" means the percentages by count of seeds under consideration, determined to be capable of producing normal seedlings in a given period of time and under normal conditions; (11) "Grower's declaration" means a written declaration of a grower stating, for each lot of seed, the kind, variety or type, the lot number, place the seed was grown, quantity of seed, date shipped or delivered, to whom sold, shipped or delivered and the signature and address of the grower issuing the declaration; (12) "Hard seeds" means seeds that, because of hardness or impermeability, do not absorb moisture and germinate under prescribed tests, but remain hard during the normal period for germination; (13) "Hybrid" means the first-generation seed of a cross produced by controlling the pollination or by use of sterile lines and combining: (A) Two (2) or more inbred lines; (B) One (1) inbred or a single cross with an open-pollinated variety; or (C) Two (2) varieties or species except open-pollinated varieties of corn. The second generation or subsequent generations from such crosses shall not be regarded as hybrids. For labeling purposes, recognized hybrid designations shall be treated as variety names; (14) "In bulk" refers to loose seed in bins, or open containers, and not to seed in bags or packets; (15) "Inbred line" means a relatively stable and pure breeding strain resulting from not less than four (4) successive generations of controlled self-pollination or four (4) successive generations of back-crossing in the case of male sterile lines; (16) "Inert matter" means all matter not seeds, and includes broken seeds, sterile florets, chaff, fungus bodies, and stones, determined by methods prescribed by rules and regulations promulgated pursuant to this part; (17) "Inoculant" means a commercial preparation containing nitrogen-fixing bacteria applied to seed; (18) "Kind" means one (1) or more related species or subspecies that singly or collectively are known by one (1) common name; for example, corn, wheat, striate lespedeza, tall fescue, or cabbage; (19) "Labeling" includes all labels and other written, printed or graphic representations in any form whatsoever, accompanying or pertaining to any seed whether in bulk or in containers, and includes representations of invoices; (20) "Lot" means a definite quantity of seed identified by a lot number or other identification, which shall be uniform within recognized tolerances for the factors that appear in the labeling; (21) "Mixture" means seeds consisting of more than one (1) kind or kind and variety, each present in excess of five percent (5%) of the whole; (22) "Noxious-weed seeds" shall be divided into two (2) classes: (A) "Prohibited noxious-weed seeds" are the seeds of weeds that, when established on the land, are highly destructive and are not controlled in the state by cultural practices commonly used; and (B) "Restricted noxious-weed seeds" are the seeds of weeds that are very objectionable in fields, lawns, and gardens in the state and are difficult to control by cultural practices commonly used; (23) "Origin" means the state, District of Columbia, Puerto Rico, possession of the United States or the foreign country where the seed was grown; (24) "Other crop seeds" means seeds of kinds or varieties of agricultural or vegetable crops other than those shown on the label as the primary kind or kind and variety; (25) "Person" includes any individual, partnership, corporation, company, society, association, or legal entity; (26) "Private hearing" consists of a discussion of facts between the person charged and the enforcement officer; (27) "Pure seed" means agricultural or vegetable seeds, exclusive of inert matter, weed seeds and all other seeds distinguishable from the kind or kind and variety being considered when examined according to procedures prescribed by rules and regulations promulgated pursuant to this part; (28) "Purity" means the name or names of the kind, type or variety and the percentage of other crop seed; the percentage of weed seeds, including noxious-weed seeds; the percentage of inert matter; and the name and rate of occurrence of each noxious-weed seed; (29) "Recognized variety name" and "recognized hybrid designation" mean the name or designation that was first assigned the variety or hybrid by the person who developed it or the person who first introduced it for the production or sale after legal acquisition. These terms shall be used only to designate the varieties or hybrids to which they were first assigned; (30) "Record" includes all information relating to the shipment or shipments involved and includes a file sample of each lot of seed; (31) "Screenings" includes seed, inert matter and other materials removed from agricultural or vegetable seed by cleaning or conditioning; (32) "Seed offered for sale" means any seed or grain whether in bags, packets, bins, or other containers, exposed in sales rooms, storerooms, warehouses, or other places where seed is sold or delivered for seeding purposes, and shall be subject to this part, unless clearly labeled "not for sale as seed"; (33) "Seed seller" means a person who buys, sells, offers for sale, exposes for sale, distributes, or solicits orders for the sale of agricultural or vegetable seeds for seeding purposes, and includes any person who has seed grown under contract for resale for seeding purposes; (34) "Seizure" means a legal process carried out by court order in which the department takes physical possession of a definite amount of seed; (35) "Stop sale" means an administrative order provided by law restraining the sale, use, disposition and movement of a definite amount of seed; (36) "Tolerance" means the allowance for sampling variation specified under rules and regulations promulgated pursuant to this part; (37) "Treated" means given an application of a substance or subjected to a process designed to reduce, control or repel disease organisms, insects or other pests that attack seeds or seedlings growing therefrom, or to improve the planting value of the seed; (38) "Ultimate consumer" means a person who purchases seed with no intention to resell the seed; (39) "Variety" means a subdivision of a kind that is: (A) Distinct, in the sense that the variety clearly differs by one (1) or more identifiable, morphological, physiological or other characteristics, which may include those evidenced by processing or product characteristics; e.g., milling and baking characteristics in the case of wheat, as to which a difference in genealogy may contribute evidence, from all prior varieties of public knowledge; (B) Uniform, in the sense that any variations are describable, predictable, and commercially acceptable; and (C) Stable, in the sense that the variety, when sexually reproduced or reconstituted, will remain unchanged with regard to its essential and distinctive characteristics with a reasonable degree of reliability commensurate with that of varieties of the same category in which the same breeding method is employed; (40) "Vegetable seeds" includes the seeds of those crops that are grown in gardens or truck farms and are generally known and sold under the name of vegetable seed in this state; and (41) "Weed seeds" means the seeds, bulblets, or tubers of all plants generally recognized as weeds within this state and includes noxious-weed seeds. Acts 1986, ch. 660, § 4; 1994, ch. 844, § 1; 1997, ch. 94, § 1.
As used in this part, unless the context otherwise requires:
(1) "Advertisement" means all representations, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of this part;
(2) "Agricultural seeds" includes the seeds of grass, forage, cereal, and fiber crops and other kinds of seeds commonly recognized within this state as agricultural seeds, lawn seeds, and mixture of such seeds, and may include noxious-weed seeds when the commissioner determines that such seed is being used as agricultural seed;
(3) "Association of Official Seed Certifying Agencies (AOSCA)" is an organization that is incorporated and whose members are the certifying agencies;
(4) "Brand" means the name, term, design, or trademark under which any person offers seed for sale;
(5) "Certifying agency" means an agency authorized to officially certify seed under the laws of a state, territory, possession, or foreign country and that has certification standards for genetic purity and identity that meet those standards established by the Association of Official Seed Certifying Agencies and referenced in its official handbook;
(6) "Class of certified seed" means one (1) of four (4) classes of certified seeds: (A) Breeder; (B) Foundation; (C) Registered; and (D) Certified as determined under procedures established by the Association of Official Seed Certifying Agencies and referenced in its official handbook;
(A) Breeder;
(B) Foundation;
(C) Registered; and
(D) Certified as determined under procedures established by the Association of Official Seed Certifying Agencies and referenced in its official handbook;
(7) "Commissioner" means the commissioner of agriculture or the commissioner's designated agent or agents;
(8) "Conditioning" means cleaning, scarifying, treating, or blending to obtain uniform quality, and other operations that would change the purity or germination of the seed and therefore require testing to determine the quality of the seed, but does not include operations such as packaging, labeling, blending together of uniform lots of the same kind or variety without cleaning, or the preparation of a mixture without cleaning, any of which would not require retesting to determine the quality of the seed;
(9) "Date of test" means the month and year the percentage of germination appearing on the label was obtained by laboratory test;
(10) "Germination" means the percentages by count of seeds under consideration, determined to be capable of producing normal seedlings in a given period of time and under normal conditions;
(11) "Grower's declaration" means a written declaration of a grower stating, for each lot of seed, the kind, variety or type, the lot number, place the seed was grown, quantity of seed, date shipped or delivered, to whom sold, shipped or delivered and the signature and address of the grower issuing the declaration;
(12) "Hard seeds" means seeds that, because of hardness or impermeability, do not absorb moisture and germinate under prescribed tests, but remain hard during the normal period for germination;
(13) "Hybrid" means the first-generation seed of a cross produced by controlling the pollination or by use of sterile lines and combining: (A) Two (2) or more inbred lines; (B) One (1) inbred or a single cross with an open-pollinated variety; or (C) Two (2) varieties or species except open-pollinated varieties of corn. The second generation or subsequent generations from such crosses shall not be regarded as hybrids. For labeling purposes, recognized hybrid designations shall be treated as variety names;
(A) Two (2) or more inbred lines;
(B) One (1) inbred or a single cross with an open-pollinated variety; or
(C) Two (2) varieties or species except open-pollinated varieties of corn. The second generation or subsequent generations from such crosses shall not be regarded as hybrids. For labeling purposes, recognized hybrid designations shall be treated as variety names;
(14) "In bulk" refers to loose seed in bins, or open containers, and not to seed in bags or packets;
(15) "Inbred line" means a relatively stable and pure breeding strain resulting from not less than four (4) successive generations of controlled self-pollination or four (4) successive generations of back-crossing in the case of male sterile lines;
(16) "Inert matter" means all matter not seeds, and includes broken seeds, sterile florets, chaff, fungus bodies, and stones, determined by methods prescribed by rules and regulations promulgated pursuant to this part;
(17) "Inoculant" means a commercial preparation containing nitrogen-fixing bacteria applied to seed;
(18) "Kind" means one (1) or more related species or subspecies that singly or collectively are known by one (1) common name; for example, corn, wheat, striate lespedeza, tall fescue, or cabbage;
(19) "Labeling" includes all labels and other written, printed or graphic representations in any form whatsoever, accompanying or pertaining to any seed whether in bulk or in containers, and includes representations of invoices;
(20) "Lot" means a definite quantity of seed identified by a lot number or other identification, which shall be uniform within recognized tolerances for the factors that appear in the labeling;
(21) "Mixture" means seeds consisting of more than one (1) kind or kind and variety, each present in excess of five percent (5%) of the whole;
(22) "Noxious-weed seeds" shall be divided into two (2) classes: (A) "Prohibited noxious-weed seeds" are the seeds of weeds that, when established on the land, are highly destructive and are not controlled in the state by cultural practices commonly used; and (B) "Restricted noxious-weed seeds" are the seeds of weeds that are very objectionable in fields, lawns, and gardens in the state and are difficult to control by cultural practices commonly used;
(A) "Prohibited noxious-weed seeds" are the seeds of weeds that, when established on the land, are highly destructive and are not controlled in the state by cultural practices commonly used; and
(B) "Restricted noxious-weed seeds" are the seeds of weeds that are very objectionable in fields, lawns, and gardens in the state and are difficult to control by cultural practices commonly used;
(23) "Origin" means the state, District of Columbia, Puerto Rico, possession of the United States or the foreign country where the seed was grown;
(24) "Other crop seeds" means seeds of kinds or varieties of agricultural or vegetable crops other than those shown on the label as the primary kind or kind and variety;
(25) "Person" includes any individual, partnership, corporation, company, society, association, or legal entity;
(26) "Private hearing" consists of a discussion of facts between the person charged and the enforcement officer;
(27) "Pure seed" means agricultural or vegetable seeds, exclusive of inert matter, weed seeds and all other seeds distinguishable from the kind or kind and variety being considered when examined according to procedures prescribed by rules and regulations promulgated pursuant to this part;
(28) "Purity" means the name or names of the kind, type or variety and the percentage of other crop seed; the percentage of weed seeds, including noxious-weed seeds; the percentage of inert matter; and the name and rate of occurrence of each noxious-weed seed;
(29) "Recognized variety name" and "recognized hybrid designation" mean the name or designation that was first assigned the variety or hybrid by the person who developed it or the person who first introduced it for the production or sale after legal acquisition. These terms shall be used only to designate the varieties or hybrids to which they were first assigned;
(30) "Record" includes all information relating to the shipment or shipments involved and includes a file sample of each lot of seed;
(31) "Screenings" includes seed, inert matter and other materials removed from agricultural or vegetable seed by cleaning or conditioning;
(32) "Seed offered for sale" means any seed or grain whether in bags, packets, bins, or other containers, exposed in sales rooms, storerooms, warehouses, or other places where seed is sold or delivered for seeding purposes, and shall be subject to this part, unless clearly labeled "not for sale as seed";
(33) "Seed seller" means a person who buys, sells, offers for sale, exposes for sale, distributes, or solicits orders for the sale of agricultural or vegetable seeds for seeding purposes, and includes any person who has seed grown under contract for resale for seeding purposes;
(34) "Seizure" means a legal process carried out by court order in which the department takes physical possession of a definite amount of seed;
(35) "Stop sale" means an administrative order provided by law restraining the sale, use, disposition and movement of a definite amount of seed;
(36) "Tolerance" means the allowance for sampling variation specified under rules and regulations promulgated pursuant to this part;
(37) "Treated" means given an application of a substance or subjected to a process designed to reduce, control or repel disease organisms, insects or other pests that attack seeds or seedlings growing therefrom, or to improve the planting value of the seed;
(38) "Ultimate consumer" means a person who purchases seed with no intention to resell the seed;
(39) "Variety" means a subdivision of a kind that is: (A) Distinct, in the sense that the variety clearly differs by one (1) or more identifiable, morphological, physiological or other characteristics, which may include those evidenced by processing or product characteristics; e.g., milling and baking characteristics in the case of wheat, as to which a difference in genealogy may contribute evidence, from all prior varieties of public knowledge; (B) Uniform, in the sense that any variations are describable, predictable, and commercially acceptable; and (C) Stable, in the sense that the variety, when sexually reproduced or reconstituted, will remain unchanged with regard to its essential and distinctive characteristics with a reasonable degree of reliability commensurate with that of varieties of the same category in which the same breeding method is employed;
(A) Distinct, in the sense that the variety clearly differs by one (1) or more identifiable, morphological, physiological or other characteristics, which may include those evidenced by processing or product characteristics; e.g., milling and baking characteristics in the case of wheat, as to which a difference in genealogy may contribute evidence, from all prior varieties of public knowledge;
(B) Uniform, in the sense that any variations are describable, predictable, and commercially acceptable; and
(C) Stable, in the sense that the variety, when sexually reproduced or reconstituted, will remain unchanged with regard to its essential and distinctive characteristics with a reasonable degree of reliability commensurate with that of varieties of the same category in which the same breeding method is employed;
(40) "Vegetable seeds" includes the seeds of those crops that are grown in gardens or truck farms and are generally known and sold under the name of vegetable seed in this state; and
(41) "Weed seeds" means the seeds, bulblets, or tubers of all plants generally recognized as weeds within this state and includes noxious-weed seeds.
Acts 1986, ch. 660, § 4; 1994, ch. 844, § 1; 1997, ch. 94, § 1.
Tenn. Code Ann. § 43-14-214 — TN Code / Title 43 / Chapter 14 / Section 43-14-214
Nominating petitions for supervisors - Election - Procedures for subsequent elections - Appointment of supervisors - Procedures for subsequent appointments - Term - Vacancy
Status: in_force

(a) Within thirty (30) days after the date of issuance by the secretary of state of a certificate of organization of a district, nominating petitions may be filed with the commission to nominate candidates for supervisors of the district. The commission is authorized to extend the time within which nominating petitions may be filed. The commission shall not accept a nominating petition unless it is signed by twenty-five (25) or more landowners within the boundaries of the district. Landowners may sign more than one (1) nominating petition. All candidates for supervisor shall maintain their primary residence in the district of their candidacy. The commission shall give notice of an election to be held for three (3) supervisors for the district. Only landowners within the district are eligible to vote in the election. The three (3) candidates who receive the largest number, respectively, of the votes cast in the election shall be the elected supervisors for the district. The commission shall pay the expenses of the election, supervise the conduct of the election, promulgate rules governing the conduct of the election and the determination of voter eligibility in the election, and publish the results of the election. (b) For elections subsequent to the first election of supervisors, the following procedures apply: (1) Candidates for election to the position of supervisor shall maintain their primary residence in the district of their candidacy and shall present a completed nominating petition to the district in accordance with subdivision (b)(3); (2) Upon notification by the commission, the county extension agricultural and natural resources agent of the University of Tennessee shall convene and chair a meeting of the local nominating committee to nominate candidates for election as supervisors. The local nominating committee shall determine the number of candidates nominated. A local nominating committee must include, but is not limited to, local representatives from agricultural organizations, such as the county farm service agency committee, the county extension committee, the county farm bureau, and members of the district whose terms are not expiring. The district staff shall take minutes at the local nominating committee's meeting to record its decisions; (3) For districts holding an election of supervisors, nominating petitions must be completed for each candidate on the ballot, regardless of whether the candidate was nominated by the local nominating committee. The commission shall not accept a nominating petition unless it is signed by twenty-five (25) or more landowners within the boundaries of the district. Landowners may sign more than one (1) nominating petition; (4) The district shall give notice of an election to be held for three (3) supervisors, which must include the names of the candidates in alphabetical order, the dates and times of the election, voting locations, and the deadline for submitting nominating petitions; (5) Only landowners within the district are eligible to vote in the election. Voting by proxy or by absentee ballot is not permitted; and (6) The ballots must be counted and certified by selected district polling officials, and the results must be transmitted to the commission. The three (3) candidates who receive the largest number of the votes cast in the election shall be the elected supervisors for the district. (c) The first two (2) supervisors appointed following formation of a new district shall be appointed by the commission under § 43-14-210(a) . (d) For appointments subsequent to the first appointment of supervisors, the following procedures apply: (1) The supervisors appointed by the commission must be persons who are, by training and experience, qualified to perform their duties under this part. Candidates for appointment as supervisor must maintain their primary residence in the district of appointment; (2) Upon notification by the commission, the county extension agricultural and natural resources agent of the University of Tennessee shall convene and chair a meeting of the local nominating committee for the purpose of nominating candidates for appointment as supervisors. The local nominating committee must include, but is not limited to, local representatives from agricultural organizations, such as the county farm service agency committee, the county extension committee, the county farm bureau, and members of the district whose terms are not expiring. The district staff shall take minutes at the local nominating committee's meeting to record its decisions; (3) The district staff shall transfer the nominations of the local nominating committee, along with a summary of each nominee's training and experience, to the commission as soon as practicable following the local nominating committee's meeting; and (4) The commission shall consider all local nominating committee nominees and shall appoint supervisors by vote of the commission. (e) All supervisors shall serve a term of three (3) years beginning on April 1, except that one (1) of the first two (2) supervisors appointed following formation of a new district under § 43-14-210(a) shall serve a term of four (4) years, so that the terms of the two (2) appointed supervisors do not expire simultaneously. (f) If there is a vacancy in the office of supervisor, the remaining supervisors, with the advice and consent of the commission, shall fill the vacancy by appointment for the remainder of the unexpired term. If the majority of a district's offices of supervisor are vacant, the commission shall fill the vacancies by appointment. All persons appointed to fill a supervisor vacancy must maintain their primary residence in the district of appointment and are eligible for subsequent election or, if qualified by training and experience, appointment as supervisor. Amended by 2021 Tenn. Acts, ch. 203, s 2, eff. 4/22/2021. Acts 1939, ch. 197, § 5; C. Supp. 1950, § 552.5 (Williams, § 552.35); T.C.A. (orig. ed.), § 43-1514.
(a) Within thirty (30) days after the date of issuance by the secretary of state of a certificate of organization of a district, nominating petitions may be filed with the commission to nominate candidates for supervisors of the district. The commission is authorized to extend the time within which nominating petitions may be filed. The commission shall not accept a nominating petition unless it is signed by twenty-five (25) or more landowners within the boundaries of the district. Landowners may sign more than one (1) nominating petition. All candidates for supervisor shall maintain their primary residence in the district of their candidacy. The commission shall give notice of an election to be held for three (3) supervisors for the district. Only landowners within the district are eligible to vote in the election. The three (3) candidates who receive the largest number, respectively, of the votes cast in the election shall be the elected supervisors for the district. The commission shall pay the expenses of the election, supervise the conduct of the election, promulgate rules governing the conduct of the election and the determination of voter eligibility in the election, and publish the results of the election.
(b) For elections subsequent to the first election of supervisors, the following procedures apply: (1) Candidates for election to the position of supervisor shall maintain their primary residence in the district of their candidacy and shall present a completed nominating petition to the district in accordance with subdivision (b)(3); (2) Upon notification by the commission, the county extension agricultural and natural resources agent of the University of Tennessee shall convene and chair a meeting of the local nominating committee to nominate candidates for election as supervisors. The local nominating committee shall determine the number of candidates nominated. A local nominating committee must include, but is not limited to, local representatives from agricultural organizations, such as the county farm service agency committee, the county extension committee, the county farm bureau, and members of the district whose terms are not expiring. The district staff shall take minutes at the local nominating committee's meeting to record its decisions; (3) For districts holding an election of supervisors, nominating petitions must be completed for each candidate on the ballot, regardless of whether the candidate was nominated by the local nominating committee. The commission shall not accept a nominating petition unless it is signed by twenty-five (25) or more landowners within the boundaries of the district. Landowners may sign more than one (1) nominating petition; (4) The district shall give notice of an election to be held for three (3) supervisors, which must include the names of the candidates in alphabetical order, the dates and times of the election, voting locations, and the deadline for submitting nominating petitions; (5) Only landowners within the district are eligible to vote in the election. Voting by proxy or by absentee ballot is not permitted; and (6) The ballots must be counted and certified by selected district polling officials, and the results must be transmitted to the commission. The three (3) candidates who receive the largest number of the votes cast in the election shall be the elected supervisors for the district.
(1) Candidates for election to the position of supervisor shall maintain their primary residence in the district of their candidacy and shall present a completed nominating petition to the district in accordance with subdivision (b)(3);
(2) Upon notification by the commission, the county extension agricultural and natural resources agent of the University of Tennessee shall convene and chair a meeting of the local nominating committee to nominate candidates for election as supervisors. The local nominating committee shall determine the number of candidates nominated. A local nominating committee must include, but is not limited to, local representatives from agricultural organizations, such as the county farm service agency committee, the county extension committee, the county farm bureau, and members of the district whose terms are not expiring. The district staff shall take minutes at the local nominating committee's meeting to record its decisions;
(3) For districts holding an election of supervisors, nominating petitions must be completed for each candidate on the ballot, regardless of whether the candidate was nominated by the local nominating committee. The commission shall not accept a nominating petition unless it is signed by twenty-five (25) or more landowners within the boundaries of the district. Landowners may sign more than one (1) nominating petition;
(4) The district shall give notice of an election to be held for three (3) supervisors, which must include the names of the candidates in alphabetical order, the dates and times of the election, voting locations, and the deadline for submitting nominating petitions;
(5) Only landowners within the district are eligible to vote in the election. Voting by proxy or by absentee ballot is not permitted; and
(6) The ballots must be counted and certified by selected district polling officials, and the results must be transmitted to the commission. The three (3) candidates who receive the largest number of the votes cast in the election shall be the elected supervisors for the district.
(c) The first two (2) supervisors appointed following formation of a new district shall be appointed by the commission under § 43-14-210(a) .
(d) For appointments subsequent to the first appointment of supervisors, the following procedures apply: (1) The supervisors appointed by the commission must be persons who are, by training and experience, qualified to perform their duties under this part. Candidates for appointment as supervisor must maintain their primary residence in the district of appointment; (2) Upon notification by the commission, the county extension agricultural and natural resources agent of the University of Tennessee shall convene and chair a meeting of the local nominating committee for the purpose of nominating candidates for appointment as supervisors. The local nominating committee must include, but is not limited to, local representatives from agricultural organizations, such as the county farm service agency committee, the county extension committee, the county farm bureau, and members of the district whose terms are not expiring. The district staff shall take minutes at the local nominating committee's meeting to record its decisions; (3) The district staff shall transfer the nominations of the local nominating committee, along with a summary of each nominee's training and experience, to the commission as soon as practicable following the local nominating committee's meeting; and (4) The commission shall consider all local nominating committee nominees and shall appoint supervisors by vote of the commission.
(1) The supervisors appointed by the commission must be persons who are, by training and experience, qualified to perform their duties under this part. Candidates for appointment as supervisor must maintain their primary residence in the district of appointment;
(2) Upon notification by the commission, the county extension agricultural and natural resources agent of the University of Tennessee shall convene and chair a meeting of the local nominating committee for the purpose of nominating candidates for appointment as supervisors. The local nominating committee must include, but is not limited to, local representatives from agricultural organizations, such as the county farm service agency committee, the county extension committee, the county farm bureau, and members of the district whose terms are not expiring. The district staff shall take minutes at the local nominating committee's meeting to record its decisions;
(3) The district staff shall transfer the nominations of the local nominating committee, along with a summary of each nominee's training and experience, to the commission as soon as practicable following the local nominating committee's meeting; and
(4) The commission shall consider all local nominating committee nominees and shall appoint supervisors by vote of the commission.
(e) All supervisors shall serve a term of three (3) years beginning on April 1, except that one (1) of the first two (2) supervisors appointed following formation of a new district under § 43-14-210(a) shall serve a term of four (4) years, so that the terms of the two (2) appointed supervisors do not expire simultaneously.
(f) If there is a vacancy in the office of supervisor, the remaining supervisors, with the advice and consent of the commission, shall fill the vacancy by appointment for the remainder of the unexpired term. If the majority of a district's offices of supervisor are vacant, the commission shall fill the vacancies by appointment. All persons appointed to fill a supervisor vacancy must maintain their primary residence in the district of appointment and are eligible for subsequent election or, if qualified by training and experience, appointment as supervisor.
Amended by 2021 Tenn. Acts, ch. 203, s 2, eff. 4/22/2021.
Acts 1939, ch. 197, § 5; C. Supp. 1950, § 552.5 (Williams, § 552.35); T.C.A. (orig. ed.), § 43-1514.
Tenn. Code Ann. § 43-38-1002 — TN Code / Title 43 / Chapter 38 / Section 43-38-1002
Voluntary dissolution
Status: in_force

(a) A cooperative may be voluntarily dissolved by the written consent of its members in accordance with § 43-38-1008 . (b) A cooperative's board of directors may propose dissolution for submission to the members. (c) For a proposal to dissolve to be adopted: (1) The board of directors shall recommend dissolution to the members unless the board of directors determines that because of a conflict of interest or other special circumstances, it should make no recommendation and communicates the basis for its determination to the members; and (2) The members entitled to vote shall approve the proposal to dissolve as provided in subsection (f). (d) The board of directors may condition its submission of the proposal for dissolution on any basis. (e) The cooperative shall notify each member, whether or not entitled to vote, of the proposed members' meeting in accordance with § 43-38-512 . The notice must also state that the purpose, or one (1) of the purposes, of the meeting is to consider dissolving the cooperative and that dissolution must be followed by the winding up and termination of the cooperative. (f) Unless the articles or the board of directors, acting pursuant to subsection (d), require a greater vote or a vote by voting groups, if the proposed dissolution is approved at a meeting by a majority vote, the cooperative must be dissolved and notice of dissolution shall be filed with the office of the secretary of state pursuant to § 43-38-1008 . Acts 2004, ch. 534, § 32.
(a) A cooperative may be voluntarily dissolved by the written consent of its members in accordance with § 43-38-1008 .
(b) A cooperative's board of directors may propose dissolution for submission to the members.
(c) For a proposal to dissolve to be adopted: (1) The board of directors shall recommend dissolution to the members unless the board of directors determines that because of a conflict of interest or other special circumstances, it should make no recommendation and communicates the basis for its determination to the members; and (2) The members entitled to vote shall approve the proposal to dissolve as provided in subsection (f).
(1) The board of directors shall recommend dissolution to the members unless the board of directors determines that because of a conflict of interest or other special circumstances, it should make no recommendation and communicates the basis for its determination to the members; and
(2) The members entitled to vote shall approve the proposal to dissolve as provided in subsection (f).
(d) The board of directors may condition its submission of the proposal for dissolution on any basis.
(e) The cooperative shall notify each member, whether or not entitled to vote, of the proposed members' meeting in accordance with § 43-38-512 . The notice must also state that the purpose, or one (1) of the purposes, of the meeting is to consider dissolving the cooperative and that dissolution must be followed by the winding up and termination of the cooperative.
(f) Unless the articles or the board of directors, acting pursuant to subsection (d), require a greater vote or a vote by voting groups, if the proposed dissolution is approved at a meeting by a majority vote, the cooperative must be dissolved and notice of dissolution shall be filed with the office of the secretary of state pursuant to § 43-38-1008 .
Acts 2004, ch. 534, § 32.
Tenn. Code Ann. § 43-32-110 — TN Code / Title 43 / Chapter 32 / Section 43-32-110
Use of price later contracts - Rules and regulations
Status: in_force

The commissioner may regulate the use of price later contracts by the promulgation of any rule or regulation the commissioner may deem necessary. Acts 1989, ch. 232, § 10.
The commissioner may regulate the use of price later contracts by the promulgation of any rule or regulation the commissioner may deem necessary.
Acts 1989, ch. 232, § 10.