Tenn. Code Ann. § 53-10-310 — TN Code / Title 53 / Chapter 10 / Section 53-10-310
Practice sites where a controlled substance dispensed required to provide for electronic access to the controlled substance database - Exceptions - Violations and penalties
Status: in_force

(a) Each person or entity operating a practice site where a controlled substance is prescribed or dispensed to a human patient shall provide for electronic access to the database at all times when a healthcare practitioner provides healthcare services to a human patient potentially receiving a controlled substance. (b) This section shall not apply to any person or entity that is not required to report pursuant to § 53-10-304(d) or § 53-10-305(g) . (c) A violation of subsection (a) is punishable by a civil penalty not to exceed one hundred dollars ($100) per day assessed against the person or entity operating the practice site; provided, however, that the penalty shall only be imposed when there is a continued pattern or practice of not providing electronic access to the database. (d) Any healthcare practitioner, individual, or entity who is authorized to access the database by this part shall not be subject to a suit for civil damages or held civilly liable for the failure to register in, report to, or check the database, or for actions taken after reasonable reliance on information in the database, or for accessing the database to determine whether or not the healthcare practitioner's professional credentials are being inappropriately used, or for reporting the same to the appropriate authorities, except as otherwise provided in this part. (e) (1) When prescribing a controlled substance, all healthcare practitioners, unless otherwise exempted under this part, shall check the controlled substance database prior to prescribing one (1) of the controlled substances identified in subdivision (e)(4) to a human patient at the beginning of a new episode of treatment, prior to the issuance of each new prescription for the controlled substance for the first ninety (90) days of a new episode of treatment, and shall check the controlled substance database for that human patient at least every six (6) months when that prescribed controlled substance remains part of the treatment. An authorized healthcare practitioner's delegate may check the controlled substance database on behalf of the healthcare practitioner. A "new episode of treatment" means a prescription for a controlled substance that has not been prescribed by that healthcare practitioner within the previous six (6) months. (2) When dispensing a controlled substance, all healthcare practitioners, unless otherwise exempted under this part, shall check the controlled substance database prior to dispensing one (1) of the controlled substances identified in subdivision (e)(4) to a human patient the first time that patient is dispensed a controlled substance at that practice site. The dispenser shall check the controlled substance database again at least once every six (6) months for that human patient after the initial dispensing for the duration of time the controlled substance is dispensed to that patient. The initial dispensing check fulfills the check requirement for the first six-month period. An authorized healthcare practitioner's delegate may check the controlled substance database on behalf of the healthcare practitioner. (3) Before prescribing or dispensing, a healthcare practitioner shall have the professional responsibility to check the database or have a healthcare practitioner delegate check the database if the healthcare practitioner is aware or reasonably certain that a person is attempting to obtain a Schedule II-V controlled substance, identified by the committee or commissioner as demonstrating a potential for abuse for fraudulent, illegal, or medically inappropriate purposes, in violation of § 53-11-402 . (4) The controlled substances that trigger a check of the controlled substance database pursuant to subdivisions (e)(1) and (2) include, but are not limited to, all opioids and benzodiazepines. By rule, the commissioner, pursuant to § 53-10-311 , may require a check of the database for additional Schedule II-V controlled substances that are identified by the committee or commissioner as demonstrating a potential for abuse. (5) The commissioner, pursuant to § 53-10-311 , shall adopt rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, that establish standards and procedures to be followed by a healthcare practitioner regarding the review of patient information available through the database. (6) Healthcare practitioners are not required to check the controlled substance database before prescribing or dispensing one (1) of the controlled substances identified in subdivision (e)(4) or added to that list by the committee or commissioner if one (1) or more of the following conditions are met: (A) The controlled substance is prescribed or dispensed for a patient who is currently receiving hospice care; (B) The quantity of the controlled substance which is prescribed or dispensed does not exceed an amount which is adequate for a single, three-day treatment period and does not allow a refill; or (C) The controlled substance is prescribed for administration directly to a patient during the course of inpatient or residential treatment in a hospital or nursing home licensed under title 68. (f) Each appropriate licensure board may promulgate rules pursuant to the Uniform Administrative Procedures Act, to establish procedures, notice requirements, and penalties for healthcare practitioners who fail to register in, report to, or check the controlled substance database as required. (g) Notwithstanding this part to the contrary, a healthcare practitioner or healthcare practitioner delegate shall not be in violation of this part during any time period in which the controlled substance database is suspended or not operational or the internet is not operational or available as defined by rules promulgated by the commissioner. Amended by 2018 Tenn. Acts, ch. 1039, Secs.s 4, s 5 eff. 7/1/2018. Amended by 2018 Tenn. Acts, ch. 1039, s 3, eff. 7/1/2018. Acts 2009 , ch. 228, § 1; 2012 , ch. 880, §§ 19, 26; 2013 , ch. 430, § 15.
(a) Each person or entity operating a practice site where a controlled substance is prescribed or dispensed to a human patient shall provide for electronic access to the database at all times when a healthcare practitioner provides healthcare services to a human patient potentially receiving a controlled substance.
(b) This section shall not apply to any person or entity that is not required to report pursuant to § 53-10-304(d) or § 53-10-305(g) .
(c) A violation of subsection (a) is punishable by a civil penalty not to exceed one hundred dollars ($100) per day assessed against the person or entity operating the practice site; provided, however, that the penalty shall only be imposed when there is a continued pattern or practice of not providing electronic access to the database.
(d) Any healthcare practitioner, individual, or entity who is authorized to access the database by this part shall not be subject to a suit for civil damages or held civilly liable for the failure to register in, report to, or check the database, or for actions taken after reasonable reliance on information in the database, or for accessing the database to determine whether or not the healthcare practitioner's professional credentials are being inappropriately used, or for reporting the same to the appropriate authorities, except as otherwise provided in this part.
(e) (1) When prescribing a controlled substance, all healthcare practitioners, unless otherwise exempted under this part, shall check the controlled substance database prior to prescribing one (1) of the controlled substances identified in subdivision (e)(4) to a human patient at the beginning of a new episode of treatment, prior to the issuance of each new prescription for the controlled substance for the first ninety (90) days of a new episode of treatment, and shall check the controlled substance database for that human patient at least every six (6) months when that prescribed controlled substance remains part of the treatment. An authorized healthcare practitioner's delegate may check the controlled substance database on behalf of the healthcare practitioner. A "new episode of treatment" means a prescription for a controlled substance that has not been prescribed by that healthcare practitioner within the previous six (6) months. (2) When dispensing a controlled substance, all healthcare practitioners, unless otherwise exempted under this part, shall check the controlled substance database prior to dispensing one (1) of the controlled substances identified in subdivision (e)(4) to a human patient the first time that patient is dispensed a controlled substance at that practice site. The dispenser shall check the controlled substance database again at least once every six (6) months for that human patient after the initial dispensing for the duration of time the controlled substance is dispensed to that patient. The initial dispensing check fulfills the check requirement for the first six-month period. An authorized healthcare practitioner's delegate may check the controlled substance database on behalf of the healthcare practitioner. (3) Before prescribing or dispensing, a healthcare practitioner shall have the professional responsibility to check the database or have a healthcare practitioner delegate check the database if the healthcare practitioner is aware or reasonably certain that a person is attempting to obtain a Schedule II-V controlled substance, identified by the committee or commissioner as demonstrating a potential for abuse for fraudulent, illegal, or medically inappropriate purposes, in violation of § 53-11-402 . (4) The controlled substances that trigger a check of the controlled substance database pursuant to subdivisions (e)(1) and (2) include, but are not limited to, all opioids and benzodiazepines. By rule, the commissioner, pursuant to § 53-10-311 , may require a check of the database for additional Schedule II-V controlled substances that are identified by the committee or commissioner as demonstrating a potential for abuse. (5) The commissioner, pursuant to § 53-10-311 , shall adopt rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, that establish standards and procedures to be followed by a healthcare practitioner regarding the review of patient information available through the database. (6) Healthcare practitioners are not required to check the controlled substance database before prescribing or dispensing one (1) of the controlled substances identified in subdivision (e)(4) or added to that list by the committee or commissioner if one (1) or more of the following conditions are met: (A) The controlled substance is prescribed or dispensed for a patient who is currently receiving hospice care; (B) The quantity of the controlled substance which is prescribed or dispensed does not exceed an amount which is adequate for a single, three-day treatment period and does not allow a refill; or (C) The controlled substance is prescribed for administration directly to a patient during the course of inpatient or residential treatment in a hospital or nursing home licensed under title 68.
(1) When prescribing a controlled substance, all healthcare practitioners, unless otherwise exempted under this part, shall check the controlled substance database prior to prescribing one (1) of the controlled substances identified in subdivision (e)(4) to a human patient at the beginning of a new episode of treatment, prior to the issuance of each new prescription for the controlled substance for the first ninety (90) days of a new episode of treatment, and shall check the controlled substance database for that human patient at least every six (6) months when that prescribed controlled substance remains part of the treatment. An authorized healthcare practitioner's delegate may check the controlled substance database on behalf of the healthcare practitioner. A "new episode of treatment" means a prescription for a controlled substance that has not been prescribed by that healthcare practitioner within the previous six (6) months.
(2) When dispensing a controlled substance, all healthcare practitioners, unless otherwise exempted under this part, shall check the controlled substance database prior to dispensing one (1) of the controlled substances identified in subdivision (e)(4) to a human patient the first time that patient is dispensed a controlled substance at that practice site. The dispenser shall check the controlled substance database again at least once every six (6) months for that human patient after the initial dispensing for the duration of time the controlled substance is dispensed to that patient. The initial dispensing check fulfills the check requirement for the first six-month period. An authorized healthcare practitioner's delegate may check the controlled substance database on behalf of the healthcare practitioner.
(3) Before prescribing or dispensing, a healthcare practitioner shall have the professional responsibility to check the database or have a healthcare practitioner delegate check the database if the healthcare practitioner is aware or reasonably certain that a person is attempting to obtain a Schedule II-V controlled substance, identified by the committee or commissioner as demonstrating a potential for abuse for fraudulent, illegal, or medically inappropriate purposes, in violation of § 53-11-402 .
(4) The controlled substances that trigger a check of the controlled substance database pursuant to subdivisions (e)(1) and (2) include, but are not limited to, all opioids and benzodiazepines. By rule, the commissioner, pursuant to § 53-10-311 , may require a check of the database for additional Schedule II-V controlled substances that are identified by the committee or commissioner as demonstrating a potential for abuse.
(5) The commissioner, pursuant to § 53-10-311 , shall adopt rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, that establish standards and procedures to be followed by a healthcare practitioner regarding the review of patient information available through the database.
(6) Healthcare practitioners are not required to check the controlled substance database before prescribing or dispensing one (1) of the controlled substances identified in subdivision (e)(4) or added to that list by the committee or commissioner if one (1) or more of the following conditions are met: (A) The controlled substance is prescribed or dispensed for a patient who is currently receiving hospice care; (B) The quantity of the controlled substance which is prescribed or dispensed does not exceed an amount which is adequate for a single, three-day treatment period and does not allow a refill; or (C) The controlled substance is prescribed for administration directly to a patient during the course of inpatient or residential treatment in a hospital or nursing home licensed under title 68.
(A) The controlled substance is prescribed or dispensed for a patient who is currently receiving hospice care;
(B) The quantity of the controlled substance which is prescribed or dispensed does not exceed an amount which is adequate for a single, three-day treatment period and does not allow a refill; or
(C) The controlled substance is prescribed for administration directly to a patient during the course of inpatient or residential treatment in a hospital or nursing home licensed under title 68.
(f) Each appropriate licensure board may promulgate rules pursuant to the Uniform Administrative Procedures Act, to establish procedures, notice requirements, and penalties for healthcare practitioners who fail to register in, report to, or check the controlled substance database as required.
(g) Notwithstanding this part to the contrary, a healthcare practitioner or healthcare practitioner delegate shall not be in violation of this part during any time period in which the controlled substance database is suspended or not operational or the internet is not operational or available as defined by rules promulgated by the commissioner.
Amended by 2018 Tenn. Acts, ch. 1039, Secs.s 4, s 5 eff. 7/1/2018.
Amended by 2018 Tenn. Acts, ch. 1039, s 3, eff. 7/1/2018.
Acts 2009 , ch. 228, § 1; 2012 , ch. 880, §§ 19, 26; 2013 , ch. 430, § 15.
Tenn. Code Ann. § 53-7-209 — TN Code / Title 53 / Chapter 7 / Section 53-7-209
Exemptions
Status: in_force

(a) The commissioner shall, by regulation and under conditions as to labeling, and sanitary standards, practices, and procedures that the commissioner may prescribe, exempt from specific provisions of this part: (1) Livestock producers and poultry producers with respect to livestock and poultry carcasses and parts of livestock and poultry carcasses, meat food products, and poultry products, processed by them from livestock or poultry of their own raising on their own farms, for their own consumption, the excess of which may be sold directly to consumers; (2) Retail dealers with respect to meat and meat food products sold directly to consumers in individual retail stores; and retail dealers with respect to poultry products sold directly to consumers in individual retail stores, if the only processing operation performed by the retail dealers with respect to poultry is the cutting up of poultry products on the premises where the sales to consumers are made; (3) Any person engaged in slaughtering livestock or poultry or processing livestock or poultry carcasses or parts of livestock or poultry carcasses, meat food products, or poultry products for intrastate commerce, and the articles so processed by the person, whenever the commissioner determines that it would be impracticable to provide inspection and the exemption will aid in the effective administration of this part; (4) Persons slaughtering livestock or poultry or otherwise processing or handling livestock or poultry carcasses or parts of livestock or poultry carcasses, meat food products, or poultry products, that have been or are to be processed as required by recognized religious dietary laws, to the extent that the commissioner determines is necessary to avoid conflict with the requirements while still effectuating the purposes of this part; (5) Poultry producers and growers acting in compliance with exemptions established in the federal Poultry Products Inspection Act ( 21 U.S.C. § 451 et seq.); and (6) Livestock producers acting in compliance with exemptions established in the federal Meat Inspection Act. The department of agriculture shall maintain on its website information for livestock producers concerning the federal exemptions for livestock slaughter and processing to provide guidance as to the requirements for each federal exemption and its limitations. (b) The commissioner may by order suspend or terminate any exemption under this section with respect to any person whenever the commissioner finds that the suspension or termination will aid in effectuating the purposes of this part. (c) This part shall not apply to or affect the slaughter of swine or cattle or the processing of swine, deer, or cattle by or for individuals for their consumption at custom processing plants. (d) The department of agriculture shall maintain on the website of the department information for poultry producers and growers concerning the federal exemptions for poultry slaughter and processing. Such information shall provide guidance as to the requirements for each exemption and the limitations thereto. Amended by 2017 Tenn. Acts, ch. 386, s 1, eff. 5/18/2017. Amended by 2014 Tenn. Acts, ch. 523, s 1, eff. 3/12/2014. Acts 1967, ch. 99, § 9; 1969, ch. 45, § 1; T.C.A., § 52-923; Acts 2007 , ch. 421, § 15.
(a) The commissioner shall, by regulation and under conditions as to labeling, and sanitary standards, practices, and procedures that the commissioner may prescribe, exempt from specific provisions of this part: (1) Livestock producers and poultry producers with respect to livestock and poultry carcasses and parts of livestock and poultry carcasses, meat food products, and poultry products, processed by them from livestock or poultry of their own raising on their own farms, for their own consumption, the excess of which may be sold directly to consumers; (2) Retail dealers with respect to meat and meat food products sold directly to consumers in individual retail stores; and retail dealers with respect to poultry products sold directly to consumers in individual retail stores, if the only processing operation performed by the retail dealers with respect to poultry is the cutting up of poultry products on the premises where the sales to consumers are made; (3) Any person engaged in slaughtering livestock or poultry or processing livestock or poultry carcasses or parts of livestock or poultry carcasses, meat food products, or poultry products for intrastate commerce, and the articles so processed by the person, whenever the commissioner determines that it would be impracticable to provide inspection and the exemption will aid in the effective administration of this part; (4) Persons slaughtering livestock or poultry or otherwise processing or handling livestock or poultry carcasses or parts of livestock or poultry carcasses, meat food products, or poultry products, that have been or are to be processed as required by recognized religious dietary laws, to the extent that the commissioner determines is necessary to avoid conflict with the requirements while still effectuating the purposes of this part; (5) Poultry producers and growers acting in compliance with exemptions established in the federal Poultry Products Inspection Act ( 21 U.S.C. § 451 et seq.); and (6) Livestock producers acting in compliance with exemptions established in the federal Meat Inspection Act. The department of agriculture shall maintain on its website information for livestock producers concerning the federal exemptions for livestock slaughter and processing to provide guidance as to the requirements for each federal exemption and its limitations.
(1) Livestock producers and poultry producers with respect to livestock and poultry carcasses and parts of livestock and poultry carcasses, meat food products, and poultry products, processed by them from livestock or poultry of their own raising on their own farms, for their own consumption, the excess of which may be sold directly to consumers;
(2) Retail dealers with respect to meat and meat food products sold directly to consumers in individual retail stores; and retail dealers with respect to poultry products sold directly to consumers in individual retail stores, if the only processing operation performed by the retail dealers with respect to poultry is the cutting up of poultry products on the premises where the sales to consumers are made;
(3) Any person engaged in slaughtering livestock or poultry or processing livestock or poultry carcasses or parts of livestock or poultry carcasses, meat food products, or poultry products for intrastate commerce, and the articles so processed by the person, whenever the commissioner determines that it would be impracticable to provide inspection and the exemption will aid in the effective administration of this part;
(4) Persons slaughtering livestock or poultry or otherwise processing or handling livestock or poultry carcasses or parts of livestock or poultry carcasses, meat food products, or poultry products, that have been or are to be processed as required by recognized religious dietary laws, to the extent that the commissioner determines is necessary to avoid conflict with the requirements while still effectuating the purposes of this part;
(5) Poultry producers and growers acting in compliance with exemptions established in the federal Poultry Products Inspection Act ( 21 U.S.C. § 451 et seq.); and
(6) Livestock producers acting in compliance with exemptions established in the federal Meat Inspection Act. The department of agriculture shall maintain on its website information for livestock producers concerning the federal exemptions for livestock slaughter and processing to provide guidance as to the requirements for each federal exemption and its limitations.
(b) The commissioner may by order suspend or terminate any exemption under this section with respect to any person whenever the commissioner finds that the suspension or termination will aid in effectuating the purposes of this part.
(c) This part shall not apply to or affect the slaughter of swine or cattle or the processing of swine, deer, or cattle by or for individuals for their consumption at custom processing plants.
(d) The department of agriculture shall maintain on the website of the department information for poultry producers and growers concerning the federal exemptions for poultry slaughter and processing. Such information shall provide guidance as to the requirements for each exemption and the limitations thereto.
Amended by 2017 Tenn. Acts, ch. 386, s 1, eff. 5/18/2017.
Amended by 2014 Tenn. Acts, ch. 523, s 1, eff. 3/12/2014.
Acts 1967, ch. 99, § 9; 1969, ch. 45, § 1; T.C.A., § 52-923; Acts 2007 , ch. 421, § 15.
Tenn. Code Ann. § 53-3-102 — TN Code / Title 53 / Chapter 3 / Section 53-3-102
Construction of chapter
Status: in_force

(a) The word "shall" is mandatory, and the word "may" is permissive. (b) Wherever a tolerance is allowed, it shall apply only to a tolerance as to composition and not to weight, unless specifically stated. (c) Whenever any reference is made to any section in this chapter or to any other law, the reference shall apply to all amendments and additions to the section or other law. Acts 1970, ch. 577, § 2; T.C.A., § 52-302.
(a) The word "shall" is mandatory, and the word "may" is permissive.
(b) Wherever a tolerance is allowed, it shall apply only to a tolerance as to composition and not to weight, unless specifically stated.
(c) Whenever any reference is made to any section in this chapter or to any other law, the reference shall apply to all amendments and additions to the section or other law.
Acts 1970, ch. 577, § 2; T.C.A., § 52-302.
Tenn. Code Ann. § 53-11-201 — TN Code / Title 53 / Chapter 11 / Section 53-11-201
Procedure in confiscation
Status: in_force

(a) (1) (A) In all cases of seizure of any narcotic drugs or marijuana or any vehicle, aircraft or boat or other property subject to forfeiture under this chapter, the officer or other person making the seizure shall deliver a receipt to the person, if any, found in possession of the property or conveyance. (B) The receipt shall state a general description of the seized property or conveyance, the reasons for the seizure, the procedure by which recovery of the property or conveyance may be sought, including the time period in which a claim for recovery must be presented, and the consequences of failing to file within the time period. (C) If the person found in possession of the conveyance is not the sole unencumbered owner of the conveyance, the department of safety shall make a reasonable effort to notify the owner or lienholder of the seizure by furnishing all parties known to have an interest in the conveyance with a copy of the receipt. (D) A copy of the receipt shall be filed in the office of the department of safety and shall be open to the public for inspection. (2) In all cases of seizure under subdivision (a)(1) involving a commercial vehicle or common carrier, any cargo or products transported by the commercial vehicle or common carrier shall not be subject to forfeiture, unless the cargo or products are otherwise subject to forfeiture under this chapter, or any other law of this state or the federal government. The cargo or products shall, upon request, immediately be made available for release to the owner or transporting agent. (b) (1) All property seized and forfeited under this chapter shall be sold at public sale by the commissioner of general services when seized by an agency of the state or a campus police officer as defined in § 49-7-118 , or, if seized by a county or municipality, by the seizing agency of the county or municipality when the seized and forfeited property has been released by the commissioner of safety as now authorized by law. (2) (A) However, any vehicle seized by an agency of the state and forfeited under this chapter may, with the permission of the commissioner of safety and under terms and conditions approved by the commissioner of safety, be used, for a period of time not to exceed one (1) year, in the drug enforcement program of the state. (B) No vehicle seized by an agency of the state and forfeited under this chapter shall be used in the county or municipality in which it was seized. (C) Notwithstanding subdivision (b)(2)(B) to the contrary, any vehicle seized by a county or municipal agency and forfeited under title 40, chapter 33, part 2, may be used in the local drug enforcement program for a period not to exceed five (5) years. (c) (1) Any person claiming any property seized as contraband goods may, within thirty (30) days after receipt of notification of seizure, file with the commissioner at Nashville a claim in writing, requesting a hearing and stating the person's interest in the articles seized. (2) The claimant shall also file with the claimant's claim a cost bond with one (1) or more good and solvent sureties in the sum of two hundred fifty dollars ($250), the bond being made payable to the state. (3) An indigent person may file the claim in forma pauperis by filing with the claim an affidavit stating that the indigent person is unable to bear the cost of the proceeding. (d) (1) (A) Within thirty (30) days from the day the claim is filed, the commissioner shall establish a hearing date and set the case on the docket. (B) Nothing in subdivision (d)(1)(A) shall be construed as requiring the hearing to be conducted within the thirty-day period. (2) At each hearing, the state shall have the burden of proving by a preponderance of the evidence that the seized property was of a nature making its possession illegal or was used in a manner making it subject to forfeiture under this chapter, and failure to carry the burden of proof shall operate as a bar to any forfeiture under this chapter. (e) (1) If the ruling of the commissioner is favorable to the claimant, the commissioner shall deliver to the claimant the vehicle and any other property seized that is not contraband, and the claimant shall not be required to pay any of the expenses incurred in the storage, transportation, and impoundment of the seized property. (2) If the ruling of the commissioner is adverse to the claimant, the commissioner shall proceed to sell or dispose of the contraband goods in accordance with this section and the expenses incurred in the storage, transportation, and impoundment, of the property shall be adjudged as part of the cost of the proceeding in any manner the commissioner determines. (f) (1) Whenever, in any proceeding under this section, a claim is filed for any property seized, as provided in this section, by an owner or other person asserting the interest of the owner, the commissioner shall not allow the claim unless and until the claimant proves that the claimant: (A) Has an interest in the property, which the claimant acquired in good faith; and (B) Had at no time any knowledge or reason to believe that it was being or would be used in violation of the laws of the United States or of the state relating to narcotic drugs or marijuana. (2) Whenever, in any proceeding under this section, a claim is filed for any property seized, as provided in this section, by a person who is the holder of a security interest or other claim arising out of a contract or agreement, the commissioner shall not allow the claim unless and until the claimant proves that the claimant has an interest in the property, which the claimant acquired in good faith. An interest that is acquired in the ordinary course of business shall be presumed to be in good faith unless the commissioner receives evidence that the holder of the security interest had knowledge, at the time the interest attached, of the intended illegal use of the vehicle or was a co-conspirator in furtherance of the illegal activity. A holder of a security interest that is other than a natural person shall be considered a co-conspirator for purposes of this section, if evidence shows that an officer, employee or agent of the holder acting within the scope of employment is a co-conspirator, and the holder either: (A) Has actual knowledge of the illegal activities of the officer, employee or agent from an individual other than the officer, employee or agent and fails to take appropriate action; or (B) Has failed to reasonably supervise or monitor the activities of the holder's officer, employee or agent. (3) In the event the interest of the owner is forfeited, as provided in subdivision (f)(1), and the interest of the holder of a security interest is not forfeited as provided in subdivision (f)(2), the commissioner may, at the request of the holder of the security interest, return the property to the holder for disposition in accordance with the applicable security agreement or other contract. If the commissioner does not return the property to the holder, the forfeiture shall be subject to the holder's interest. (g) Pending any proceeding to recover a vehicle, aircraft or boat seized under this chapter, the commissioner may order delivery of the vehicle, aircraft or boat to any claimant who shall establish the claimant's right to immediate possession of the vehicle, aircraft or boat, and who shall execute, with one (1) or more sureties approved by the commissioner, and deliver to the commissioner, a bond in favor of the state and for the payment of the NADA retail value of the vehicle, aircraft or boat as of the time of the hearing, and conditioned further that, if the vehicle, aircraft or boat is not returned at the time of hearing, the bond shall stand in lieu of and be forfeited in the same manner as the vehicle, aircraft or boat. (h) (1) The commissioner, in the commissioner's discretion, is authorized to appoint or designate a hearing officer to sit, and set the case on the docket, as the hearing officer at the request and in the absence of the commissioner for the purpose of conducting the hearing as the commissioner may deem necessary. (2) The hearing officer designated by the commissioner shall make findings of fact, conclusions of law, and recommendations for the issuance of the proposed order based on the findings, conclusions and recommendations. (3) If the commissioner concurs, the commissioner shall issue the order, or the commissioner may, upon review of the record, make findings, conclusions, and issue an order that, in the commissioner's discretion, the record justifies. (4) The commissioner, personally, may hold hearings that the commissioner deems proper. (5) The hearing officer is likewise empowered to subpoena witnesses and compel their attendance and the production of records, memoranda, papers and other documents at any hearing authorized under this section. (i) (1) At all hearings provided for in this section, the commissioner or the hearing officer shall provide a stenographer or court reporter to take a stenographic record of the evidence adduced at the hearing. (2) The claimant shall be entitled to a copy of the stenographic record, upon application for a copy and upon paying the reasonable costs of the copy to be fixed by the commissioner. (j) The commissioner may make or publish other and further procedural rules and regulations, not inconsistent with this section, that the commissioner deems proper, governing any hearing provided for in this section. (k) If a law enforcement agency seizes a motor vehicle as the result of a violation of the drug control law, the agency may elect whether to go forward with the forfeiture proceeding through either an administrative agency or through a court having civil jurisdiction in the county where the seizure occurred. Acts 1955, ch. 83, § 4; 1959, ch. 304, § 1; impl. am. Acts 1961, ch. 97, § 5; impl. am. Acts 1972, ch. 543, § 7; Acts 1973, ch. 358, §§ 1-3; 1976, ch. 499, § 1; T.C.A., § 52-1404; Acts 1986, ch. 738, § 3; 1989, ch. 475, §§ 1, 2; 1990, ch. 1037, § 1; 1992, ch. 842, §§ 1-5; 1993, ch. 218, § 1; 1995, ch. 514, § 1; 2007, ch. 106, § 5.
(a) (1) (A) In all cases of seizure of any narcotic drugs or marijuana or any vehicle, aircraft or boat or other property subject to forfeiture under this chapter, the officer or other person making the seizure shall deliver a receipt to the person, if any, found in possession of the property or conveyance. (B) The receipt shall state a general description of the seized property or conveyance, the reasons for the seizure, the procedure by which recovery of the property or conveyance may be sought, including the time period in which a claim for recovery must be presented, and the consequences of failing to file within the time period. (C) If the person found in possession of the conveyance is not the sole unencumbered owner of the conveyance, the department of safety shall make a reasonable effort to notify the owner or lienholder of the seizure by furnishing all parties known to have an interest in the conveyance with a copy of the receipt. (D) A copy of the receipt shall be filed in the office of the department of safety and shall be open to the public for inspection. (2) In all cases of seizure under subdivision (a)(1) involving a commercial vehicle or common carrier, any cargo or products transported by the commercial vehicle or common carrier shall not be subject to forfeiture, unless the cargo or products are otherwise subject to forfeiture under this chapter, or any other law of this state or the federal government. The cargo or products shall, upon request, immediately be made available for release to the owner or transporting agent.
(1) (A) In all cases of seizure of any narcotic drugs or marijuana or any vehicle, aircraft or boat or other property subject to forfeiture under this chapter, the officer or other person making the seizure shall deliver a receipt to the person, if any, found in possession of the property or conveyance. (B) The receipt shall state a general description of the seized property or conveyance, the reasons for the seizure, the procedure by which recovery of the property or conveyance may be sought, including the time period in which a claim for recovery must be presented, and the consequences of failing to file within the time period. (C) If the person found in possession of the conveyance is not the sole unencumbered owner of the conveyance, the department of safety shall make a reasonable effort to notify the owner or lienholder of the seizure by furnishing all parties known to have an interest in the conveyance with a copy of the receipt. (D) A copy of the receipt shall be filed in the office of the department of safety and shall be open to the public for inspection.
(A) In all cases of seizure of any narcotic drugs or marijuana or any vehicle, aircraft or boat or other property subject to forfeiture under this chapter, the officer or other person making the seizure shall deliver a receipt to the person, if any, found in possession of the property or conveyance.
(B) The receipt shall state a general description of the seized property or conveyance, the reasons for the seizure, the procedure by which recovery of the property or conveyance may be sought, including the time period in which a claim for recovery must be presented, and the consequences of failing to file within the time period.
(C) If the person found in possession of the conveyance is not the sole unencumbered owner of the conveyance, the department of safety shall make a reasonable effort to notify the owner or lienholder of the seizure by furnishing all parties known to have an interest in the conveyance with a copy of the receipt.
(D) A copy of the receipt shall be filed in the office of the department of safety and shall be open to the public for inspection.
(2) In all cases of seizure under subdivision (a)(1) involving a commercial vehicle or common carrier, any cargo or products transported by the commercial vehicle or common carrier shall not be subject to forfeiture, unless the cargo or products are otherwise subject to forfeiture under this chapter, or any other law of this state or the federal government. The cargo or products shall, upon request, immediately be made available for release to the owner or transporting agent.
(b) (1) All property seized and forfeited under this chapter shall be sold at public sale by the commissioner of general services when seized by an agency of the state or a campus police officer as defined in § 49-7-118 , or, if seized by a county or municipality, by the seizing agency of the county or municipality when the seized and forfeited property has been released by the commissioner of safety as now authorized by law. (2) (A) However, any vehicle seized by an agency of the state and forfeited under this chapter may, with the permission of the commissioner of safety and under terms and conditions approved by the commissioner of safety, be used, for a period of time not to exceed one (1) year, in the drug enforcement program of the state. (B) No vehicle seized by an agency of the state and forfeited under this chapter shall be used in the county or municipality in which it was seized. (C) Notwithstanding subdivision (b)(2)(B) to the contrary, any vehicle seized by a county or municipal agency and forfeited under title 40, chapter 33, part 2, may be used in the local drug enforcement program for a period not to exceed five (5) years.
(1) All property seized and forfeited under this chapter shall be sold at public sale by the commissioner of general services when seized by an agency of the state or a campus police officer as defined in § 49-7-118 , or, if seized by a county or municipality, by the seizing agency of the county or municipality when the seized and forfeited property has been released by the commissioner of safety as now authorized by law.
(2) (A) However, any vehicle seized by an agency of the state and forfeited under this chapter may, with the permission of the commissioner of safety and under terms and conditions approved by the commissioner of safety, be used, for a period of time not to exceed one (1) year, in the drug enforcement program of the state. (B) No vehicle seized by an agency of the state and forfeited under this chapter shall be used in the county or municipality in which it was seized. (C) Notwithstanding subdivision (b)(2)(B) to the contrary, any vehicle seized by a county or municipal agency and forfeited under title 40, chapter 33, part 2, may be used in the local drug enforcement program for a period not to exceed five (5) years.
(A) However, any vehicle seized by an agency of the state and forfeited under this chapter may, with the permission of the commissioner of safety and under terms and conditions approved by the commissioner of safety, be used, for a period of time not to exceed one (1) year, in the drug enforcement program of the state.
(B) No vehicle seized by an agency of the state and forfeited under this chapter shall be used in the county or municipality in which it was seized.
(C) Notwithstanding subdivision (b)(2)(B) to the contrary, any vehicle seized by a county or municipal agency and forfeited under title 40, chapter 33, part 2, may be used in the local drug enforcement program for a period not to exceed five (5) years.
(c) (1) Any person claiming any property seized as contraband goods may, within thirty (30) days after receipt of notification of seizure, file with the commissioner at Nashville a claim in writing, requesting a hearing and stating the person's interest in the articles seized. (2) The claimant shall also file with the claimant's claim a cost bond with one (1) or more good and solvent sureties in the sum of two hundred fifty dollars ($250), the bond being made payable to the state. (3) An indigent person may file the claim in forma pauperis by filing with the claim an affidavit stating that the indigent person is unable to bear the cost of the proceeding.
(1) Any person claiming any property seized as contraband goods may, within thirty (30) days after receipt of notification of seizure, file with the commissioner at Nashville a claim in writing, requesting a hearing and stating the person's interest in the articles seized.
(2) The claimant shall also file with the claimant's claim a cost bond with one (1) or more good and solvent sureties in the sum of two hundred fifty dollars ($250), the bond being made payable to the state.
(3) An indigent person may file the claim in forma pauperis by filing with the claim an affidavit stating that the indigent person is unable to bear the cost of the proceeding.
(d) (1) (A) Within thirty (30) days from the day the claim is filed, the commissioner shall establish a hearing date and set the case on the docket. (B) Nothing in subdivision (d)(1)(A) shall be construed as requiring the hearing to be conducted within the thirty-day period. (2) At each hearing, the state shall have the burden of proving by a preponderance of the evidence that the seized property was of a nature making its possession illegal or was used in a manner making it subject to forfeiture under this chapter, and failure to carry the burden of proof shall operate as a bar to any forfeiture under this chapter.
(1) (A) Within thirty (30) days from the day the claim is filed, the commissioner shall establish a hearing date and set the case on the docket. (B) Nothing in subdivision (d)(1)(A) shall be construed as requiring the hearing to be conducted within the thirty-day period.
(A) Within thirty (30) days from the day the claim is filed, the commissioner shall establish a hearing date and set the case on the docket.
(B) Nothing in subdivision (d)(1)(A) shall be construed as requiring the hearing to be conducted within the thirty-day period.
(2) At each hearing, the state shall have the burden of proving by a preponderance of the evidence that the seized property was of a nature making its possession illegal or was used in a manner making it subject to forfeiture under this chapter, and failure to carry the burden of proof shall operate as a bar to any forfeiture under this chapter.
(e) (1) If the ruling of the commissioner is favorable to the claimant, the commissioner shall deliver to the claimant the vehicle and any other property seized that is not contraband, and the claimant shall not be required to pay any of the expenses incurred in the storage, transportation, and impoundment of the seized property. (2) If the ruling of the commissioner is adverse to the claimant, the commissioner shall proceed to sell or dispose of the contraband goods in accordance with this section and the expenses incurred in the storage, transportation, and impoundment, of the property shall be adjudged as part of the cost of the proceeding in any manner the commissioner determines.
(1) If the ruling of the commissioner is favorable to the claimant, the commissioner shall deliver to the claimant the vehicle and any other property seized that is not contraband, and the claimant shall not be required to pay any of the expenses incurred in the storage, transportation, and impoundment of the seized property.
(2) If the ruling of the commissioner is adverse to the claimant, the commissioner shall proceed to sell or dispose of the contraband goods in accordance with this section and the expenses incurred in the storage, transportation, and impoundment, of the property shall be adjudged as part of the cost of the proceeding in any manner the commissioner determines.
(f) (1) Whenever, in any proceeding under this section, a claim is filed for any property seized, as provided in this section, by an owner or other person asserting the interest of the owner, the commissioner shall not allow the claim unless and until the claimant proves that the claimant: (A) Has an interest in the property, which the claimant acquired in good faith; and (B) Had at no time any knowledge or reason to believe that it was being or would be used in violation of the laws of the United States or of the state relating to narcotic drugs or marijuana. (2) Whenever, in any proceeding under this section, a claim is filed for any property seized, as provided in this section, by a person who is the holder of a security interest or other claim arising out of a contract or agreement, the commissioner shall not allow the claim unless and until the claimant proves that the claimant has an interest in the property, which the claimant acquired in good faith. An interest that is acquired in the ordinary course of business shall be presumed to be in good faith unless the commissioner receives evidence that the holder of the security interest had knowledge, at the time the interest attached, of the intended illegal use of the vehicle or was a co-conspirator in furtherance of the illegal activity. A holder of a security interest that is other than a natural person shall be considered a co-conspirator for purposes of this section, if evidence shows that an officer, employee or agent of the holder acting within the scope of employment is a co-conspirator, and the holder either: (A) Has actual knowledge of the illegal activities of the officer, employee or agent from an individual other than the officer, employee or agent and fails to take appropriate action; or (B) Has failed to reasonably supervise or monitor the activities of the holder's officer, employee or agent. (3) In the event the interest of the owner is forfeited, as provided in subdivision (f)(1), and the interest of the holder of a security interest is not forfeited as provided in subdivision (f)(2), the commissioner may, at the request of the holder of the security interest, return the property to the holder for disposition in accordance with the applicable security agreement or other contract. If the commissioner does not return the property to the holder, the forfeiture shall be subject to the holder's interest.
(1) Whenever, in any proceeding under this section, a claim is filed for any property seized, as provided in this section, by an owner or other person asserting the interest of the owner, the commissioner shall not allow the claim unless and until the claimant proves that the claimant: (A) Has an interest in the property, which the claimant acquired in good faith; and (B) Had at no time any knowledge or reason to believe that it was being or would be used in violation of the laws of the United States or of the state relating to narcotic drugs or marijuana.
(A) Has an interest in the property, which the claimant acquired in good faith; and
(B) Had at no time any knowledge or reason to believe that it was being or would be used in violation of the laws of the United States or of the state relating to narcotic drugs or marijuana.
(2) Whenever, in any proceeding under this section, a claim is filed for any property seized, as provided in this section, by a person who is the holder of a security interest or other claim arising out of a contract or agreement, the commissioner shall not allow the claim unless and until the claimant proves that the claimant has an interest in the property, which the claimant acquired in good faith. An interest that is acquired in the ordinary course of business shall be presumed to be in good faith unless the commissioner receives evidence that the holder of the security interest had knowledge, at the time the interest attached, of the intended illegal use of the vehicle or was a co-conspirator in furtherance of the illegal activity. A holder of a security interest that is other than a natural person shall be considered a co-conspirator for purposes of this section, if evidence shows that an officer, employee or agent of the holder acting within the scope of employment is a co-conspirator, and the holder either: (A) Has actual knowledge of the illegal activities of the officer, employee or agent from an individual other than the officer, employee or agent and fails to take appropriate action; or (B) Has failed to reasonably supervise or monitor the activities of the holder's officer, employee or agent.
(A) Has actual knowledge of the illegal activities of the officer, employee or agent from an individual other than the officer, employee or agent and fails to take appropriate action; or
(B) Has failed to reasonably supervise or monitor the activities of the holder's officer, employee or agent.
(3) In the event the interest of the owner is forfeited, as provided in subdivision (f)(1), and the interest of the holder of a security interest is not forfeited as provided in subdivision (f)(2), the commissioner may, at the request of the holder of the security interest, return the property to the holder for disposition in accordance with the applicable security agreement or other contract. If the commissioner does not return the property to the holder, the forfeiture shall be subject to the holder's interest.
(g) Pending any proceeding to recover a vehicle, aircraft or boat seized under this chapter, the commissioner may order delivery of the vehicle, aircraft or boat to any claimant who shall establish the claimant's right to immediate possession of the vehicle, aircraft or boat, and who shall execute, with one (1) or more sureties approved by the commissioner, and deliver to the commissioner, a bond in favor of the state and for the payment of the NADA retail value of the vehicle, aircraft or boat as of the time of the hearing, and conditioned further that, if the vehicle, aircraft or boat is not returned at the time of hearing, the bond shall stand in lieu of and be forfeited in the same manner as the vehicle, aircraft or boat.
(h) (1) The commissioner, in the commissioner's discretion, is authorized to appoint or designate a hearing officer to sit, and set the case on the docket, as the hearing officer at the request and in the absence of the commissioner for the purpose of conducting the hearing as the commissioner may deem necessary. (2) The hearing officer designated by the commissioner shall make findings of fact, conclusions of law, and recommendations for the issuance of the proposed order based on the findings, conclusions and recommendations. (3) If the commissioner concurs, the commissioner shall issue the order, or the commissioner may, upon review of the record, make findings, conclusions, and issue an order that, in the commissioner's discretion, the record justifies. (4) The commissioner, personally, may hold hearings that the commissioner deems proper. (5) The hearing officer is likewise empowered to subpoena witnesses and compel their attendance and the production of records, memoranda, papers and other documents at any hearing authorized under this section.
(1) The commissioner, in the commissioner's discretion, is authorized to appoint or designate a hearing officer to sit, and set the case on the docket, as the hearing officer at the request and in the absence of the commissioner for the purpose of conducting the hearing as the commissioner may deem necessary.
(2) The hearing officer designated by the commissioner shall make findings of fact, conclusions of law, and recommendations for the issuance of the proposed order based on the findings, conclusions and recommendations.
(3) If the commissioner concurs, the commissioner shall issue the order, or the commissioner may, upon review of the record, make findings, conclusions, and issue an order that, in the commissioner's discretion, the record justifies.
(4) The commissioner, personally, may hold hearings that the commissioner deems proper.
(5) The hearing officer is likewise empowered to subpoena witnesses and compel their attendance and the production of records, memoranda, papers and other documents at any hearing authorized under this section.
(i) (1) At all hearings provided for in this section, the commissioner or the hearing officer shall provide a stenographer or court reporter to take a stenographic record of the evidence adduced at the hearing. (2) The claimant shall be entitled to a copy of the stenographic record, upon application for a copy and upon paying the reasonable costs of the copy to be fixed by the commissioner.
(1) At all hearings provided for in this section, the commissioner or the hearing officer shall provide a stenographer or court reporter to take a stenographic record of the evidence adduced at the hearing.
(2) The claimant shall be entitled to a copy of the stenographic record, upon application for a copy and upon paying the reasonable costs of the copy to be fixed by the commissioner.
(j) The commissioner may make or publish other and further procedural rules and regulations, not inconsistent with this section, that the commissioner deems proper, governing any hearing provided for in this section.
(k) If a law enforcement agency seizes a motor vehicle as the result of a violation of the drug control law, the agency may elect whether to go forward with the forfeiture proceeding through either an administrative agency or through a court having civil jurisdiction in the county where the seizure occurred.
Acts 1955, ch. 83, § 4; 1959, ch. 304, § 1; impl. am. Acts 1961, ch. 97, § 5; impl. am. Acts 1972, ch. 543, § 7; Acts 1973, ch. 358, §§ 1-3; 1976, ch. 499, § 1; T.C.A., § 52-1404; Acts 1986, ch. 738, § 3; 1989, ch. 475, §§ 1, 2; 1990, ch. 1037, § 1; 1992, ch. 842, §§ 1-5; 1993, ch. 218, § 1; 1995, ch. 514, § 1; 2007, ch. 106, § 5.
Tenn. Code Ann. § 53-14-104 — TN Code / Title 53 / Chapter 14 / Section 53-14-104
License - Required - Application - Fees
Status: in_force

(a) No person shall manufacture, obtain, possess, administer or dispense a legend drug, controlled substance or controlled substance analogue for the purpose of scientific research, chemical analysis, instruction or training of detection animals without having first secured a license to do so from the director. (b) An application for the license shall be submitted on the prescribed form, and shall be accompanied by: (1) A nonrefundable fee of thirty dollars ($30.00), or in an amount set by the board; (2) Copies of all papers and materials filed with any state or federal governmental agency in connection with the applicant's proposed project; and (3) A detailed protocol, in triplicate, setting forth: (A) The nature of the proposed project; (B) The qualifications of the applicant to engage in the project; (C) The proposed quantity of each drug involved; (D) The measures proposed to provide for security and proper record-keeping of the drugs; (E) Specific provisions for the safe administration or dispensing of drugs to humans, if contemplated, and the proposed method for selecting the humans; and (F) Other information the commissioner may require. Acts 1984, ch. 717, § 4; 1990, ch. 1026, §14; 2012 , ch. 848, § 51.
(a) No person shall manufacture, obtain, possess, administer or dispense a legend drug, controlled substance or controlled substance analogue for the purpose of scientific research, chemical analysis, instruction or training of detection animals without having first secured a license to do so from the director.
(b) An application for the license shall be submitted on the prescribed form, and shall be accompanied by: (1) A nonrefundable fee of thirty dollars ($30.00), or in an amount set by the board; (2) Copies of all papers and materials filed with any state or federal governmental agency in connection with the applicant's proposed project; and (3) A detailed protocol, in triplicate, setting forth: (A) The nature of the proposed project; (B) The qualifications of the applicant to engage in the project; (C) The proposed quantity of each drug involved; (D) The measures proposed to provide for security and proper record-keeping of the drugs; (E) Specific provisions for the safe administration or dispensing of drugs to humans, if contemplated, and the proposed method for selecting the humans; and (F) Other information the commissioner may require.
(1) A nonrefundable fee of thirty dollars ($30.00), or in an amount set by the board;
(2) Copies of all papers and materials filed with any state or federal governmental agency in connection with the applicant's proposed project; and
(3) A detailed protocol, in triplicate, setting forth: (A) The nature of the proposed project; (B) The qualifications of the applicant to engage in the project; (C) The proposed quantity of each drug involved; (D) The measures proposed to provide for security and proper record-keeping of the drugs; (E) Specific provisions for the safe administration or dispensing of drugs to humans, if contemplated, and the proposed method for selecting the humans; and (F) Other information the commissioner may require.
(A) The nature of the proposed project;
(B) The qualifications of the applicant to engage in the project;
(C) The proposed quantity of each drug involved;
(D) The measures proposed to provide for security and proper record-keeping of the drugs;
(E) Specific provisions for the safe administration or dispensing of drugs to humans, if contemplated, and the proposed method for selecting the humans; and
(F) Other information the commissioner may require.
Acts 1984, ch. 717, § 4; 1990, ch. 1026, §14; 2012 , ch. 848, § 51.
Tenn. Code Ann. § 53-8-108 — TN Code / Title 53 / Chapter 8 / Section 53-8-108
Suspension of permits
Status: in_force

(a) The commissioner has the authority to suspend any permit to operate a food establishment issued pursuant to this chapter if the commissioner has reasonable cause to believe that the permittee is not in compliance with this chapter; provided, that the permittee shall be given the opportunity to correct violations as provided in § 53-8-115 . (b) Suspension of permits, other than those for temporary food service establishments, shall be of the following two (2) types: (1) A Class 1 suspension, which provides an opportunity for a hearing prior to the effective date of the suspension; and (2) A Class 2 suspension, which provides an opportunity for a hearing after the effective date of the suspension and is effective immediately. (c) Notice of either type of suspension may be given by the inspector on the inspector's regular inspection form or by written notification from the commissioner. When a permit suspension is effective, all food establishment operations shall cease. Class 2 suspensions shall only be issued if an imminent health hazard exists. (d) A written request for a hearing on either type of suspension shall be filed by the permittee within ten (10) days of the receipt of notice. This ten-day period may run concurrently with the ten-day period set forth in § 53-8-115 . If a hearing is requested, it shall be commenced within a reasonable time of the request. If no request for a hearing is made within ten (10) days of receipt of notice, the suspension becomes final and is not subject to review. (e) The commissioner may end the suspension at any time if the reasons for the suspension no longer exist. Repealed by 2017 Tenn. Acts, ch. 150, s 5, eff. 4/17/2017. Acts 1909, ch. 473, § 5; Shan., § 3473a48; Code 1932, § 6605; T.C.A. (orig. ed.), § 52-1009.
(a) The commissioner has the authority to suspend any permit to operate a food establishment issued pursuant to this chapter if the commissioner has reasonable cause to believe that the permittee is not in compliance with this chapter; provided, that the permittee shall be given the opportunity to correct violations as provided in § 53-8-115 .
(b) Suspension of permits, other than those for temporary food service establishments, shall be of the following two (2) types: (1) A Class 1 suspension, which provides an opportunity for a hearing prior to the effective date of the suspension; and (2) A Class 2 suspension, which provides an opportunity for a hearing after the effective date of the suspension and is effective immediately.
(1) A Class 1 suspension, which provides an opportunity for a hearing prior to the effective date of the suspension; and
(2) A Class 2 suspension, which provides an opportunity for a hearing after the effective date of the suspension and is effective immediately.
(c) Notice of either type of suspension may be given by the inspector on the inspector's regular inspection form or by written notification from the commissioner. When a permit suspension is effective, all food establishment operations shall cease. Class 2 suspensions shall only be issued if an imminent health hazard exists.
(d) A written request for a hearing on either type of suspension shall be filed by the permittee within ten (10) days of the receipt of notice. This ten-day period may run concurrently with the ten-day period set forth in § 53-8-115 . If a hearing is requested, it shall be commenced within a reasonable time of the request. If no request for a hearing is made within ten (10) days of receipt of notice, the suspension becomes final and is not subject to review.
(e) The commissioner may end the suspension at any time if the reasons for the suspension no longer exist.
Repealed by 2017 Tenn. Acts, ch. 150, s 5, eff. 4/17/2017.
Acts 1909, ch. 473, § 5; Shan., § 3473a48; Code 1932, § 6605; T.C.A. (orig. ed.), § 52-1009.
Tenn. Code Ann. § 53-1-118 — TN Code / Title 53 / Chapter 1 / Section 53-1-118
Exemption for production and sale of homemade food items
Status: in_force

(a) Notwithstanding part 2 of this chapter, or another law to the contrary, except as provided in this section, the production and sale of homemade food items under this chapter are exempt from all licensing, permitting, inspecting, packaging, and labeling laws of this state, except when the department of health is investigating a reported foodborne illness. (b) The exemption under subsection (a) only applies if the following conditions are satisfied: (1) Non-time/temperature control for safety food homemade food items must be sold either by: (A) The producer to the consumer, whether in person or remotely, including, but not limited to, a sale by telephone or internet; or (B) An agent of the producer or a third-party vendor, such as a retail shop or grocery store, to the consumer; (2) Non-time/temperature control for safety food homemade food items must be delivered either by: (A) The producer to the consumer; or (B) An agent of the producer, a third-party vendor, or a third-party carrier to the consumer; (3) The following information must be provided to the consumer, in the format required by subdivision (b)(4): (A) The name, home address, and telephone number of the producer of the homemade food item; (B) The common or usual name of the homemade food item; (C) The ingredients of the homemade food item in descending order of predominance; and (D) The following statement: "This product was produced at a private residence that is exempt from state licensing and inspection. This product may contain allergens."; and (4) (A) The information required by subdivision (b)(3) must be provided: (i) On a label affixed to the package, if the homemade food item is packaged; (ii) On a label affixed to the container, if the homemade food item is offered for sale from a bulk container; (iii) On a placard displayed at the point of sale, if the homemade food item is neither packaged nor offered for sale from a bulk container; or (iv) On the webpage on which the homemade food item is offered for sale, if the homemade food item is offered only for sale on the internet; and (B) If the homemade food item is sold by telephone or custom order, the seller need not display the information required by subdivision (b)(3), but the seller shall disclose to the consumer that the homemade food item is produced at a private residence that is exempt from state licensing and inspection, and may contain allergens. The seller shall have the information required by subdivisions (b)(3)(A)-(C) readily available and provide it to the consumer upon request. (c) This section does not: (1) Impede the department of health in an investigation of a reported foodborne illness; (2) Preclude the production or sale of food items otherwise authorized by law; (3) Change the regulation of other goods and services where homemade food items are also produced or sold; (4) Exempt producers or sellers of homemade food items from any applicable tax law; or (5) Apply to sales other than intrastate sales made within this state. (d) This section preempts county, municipal, and other political jurisdictions from prohibiting and regulating the production and sale of homemade food items. Added by 2022 Tenn. Acts, ch. 862,s 3, eff. 7/1/2022.
(a) Notwithstanding part 2 of this chapter, or another law to the contrary, except as provided in this section, the production and sale of homemade food items under this chapter are exempt from all licensing, permitting, inspecting, packaging, and labeling laws of this state, except when the department of health is investigating a reported foodborne illness.
(b) The exemption under subsection (a) only applies if the following conditions are satisfied: (1) Non-time/temperature control for safety food homemade food items must be sold either by: (A) The producer to the consumer, whether in person or remotely, including, but not limited to, a sale by telephone or internet; or (B) An agent of the producer or a third-party vendor, such as a retail shop or grocery store, to the consumer; (2) Non-time/temperature control for safety food homemade food items must be delivered either by: (A) The producer to the consumer; or (B) An agent of the producer, a third-party vendor, or a third-party carrier to the consumer; (3) The following information must be provided to the consumer, in the format required by subdivision (b)(4): (A) The name, home address, and telephone number of the producer of the homemade food item; (B) The common or usual name of the homemade food item; (C) The ingredients of the homemade food item in descending order of predominance; and (D) The following statement: "This product was produced at a private residence that is exempt from state licensing and inspection. This product may contain allergens."; and (4) (A) The information required by subdivision (b)(3) must be provided: (i) On a label affixed to the package, if the homemade food item is packaged; (ii) On a label affixed to the container, if the homemade food item is offered for sale from a bulk container; (iii) On a placard displayed at the point of sale, if the homemade food item is neither packaged nor offered for sale from a bulk container; or (iv) On the webpage on which the homemade food item is offered for sale, if the homemade food item is offered only for sale on the internet; and (B) If the homemade food item is sold by telephone or custom order, the seller need not display the information required by subdivision (b)(3), but the seller shall disclose to the consumer that the homemade food item is produced at a private residence that is exempt from state licensing and inspection, and may contain allergens. The seller shall have the information required by subdivisions (b)(3)(A)-(C) readily available and provide it to the consumer upon request.
(1) Non-time/temperature control for safety food homemade food items must be sold either by: (A) The producer to the consumer, whether in person or remotely, including, but not limited to, a sale by telephone or internet; or (B) An agent of the producer or a third-party vendor, such as a retail shop or grocery store, to the consumer;
(A) The producer to the consumer, whether in person or remotely, including, but not limited to, a sale by telephone or internet; or
(B) An agent of the producer or a third-party vendor, such as a retail shop or grocery store, to the consumer;
(2) Non-time/temperature control for safety food homemade food items must be delivered either by: (A) The producer to the consumer; or (B) An agent of the producer, a third-party vendor, or a third-party carrier to the consumer;
(A) The producer to the consumer; or
(B) An agent of the producer, a third-party vendor, or a third-party carrier to the consumer;
(3) The following information must be provided to the consumer, in the format required by subdivision (b)(4): (A) The name, home address, and telephone number of the producer of the homemade food item; (B) The common or usual name of the homemade food item; (C) The ingredients of the homemade food item in descending order of predominance; and (D) The following statement: "This product was produced at a private residence that is exempt from state licensing and inspection. This product may contain allergens."; and
(A) The name, home address, and telephone number of the producer of the homemade food item;
(B) The common or usual name of the homemade food item;
(C) The ingredients of the homemade food item in descending order of predominance; and
(D) The following statement: "This product was produced at a private residence that is exempt from state licensing and inspection. This product may contain allergens."; and
(4) (A) The information required by subdivision (b)(3) must be provided: (i) On a label affixed to the package, if the homemade food item is packaged; (ii) On a label affixed to the container, if the homemade food item is offered for sale from a bulk container; (iii) On a placard displayed at the point of sale, if the homemade food item is neither packaged nor offered for sale from a bulk container; or (iv) On the webpage on which the homemade food item is offered for sale, if the homemade food item is offered only for sale on the internet; and (B) If the homemade food item is sold by telephone or custom order, the seller need not display the information required by subdivision (b)(3), but the seller shall disclose to the consumer that the homemade food item is produced at a private residence that is exempt from state licensing and inspection, and may contain allergens. The seller shall have the information required by subdivisions (b)(3)(A)-(C) readily available and provide it to the consumer upon request.
(A) The information required by subdivision (b)(3) must be provided: (i) On a label affixed to the package, if the homemade food item is packaged; (ii) On a label affixed to the container, if the homemade food item is offered for sale from a bulk container; (iii) On a placard displayed at the point of sale, if the homemade food item is neither packaged nor offered for sale from a bulk container; or (iv) On the webpage on which the homemade food item is offered for sale, if the homemade food item is offered only for sale on the internet; and
(i) On a label affixed to the package, if the homemade food item is packaged;
(ii) On a label affixed to the container, if the homemade food item is offered for sale from a bulk container;
(iii) On a placard displayed at the point of sale, if the homemade food item is neither packaged nor offered for sale from a bulk container; or
(iv) On the webpage on which the homemade food item is offered for sale, if the homemade food item is offered only for sale on the internet; and
(B) If the homemade food item is sold by telephone or custom order, the seller need not display the information required by subdivision (b)(3), but the seller shall disclose to the consumer that the homemade food item is produced at a private residence that is exempt from state licensing and inspection, and may contain allergens. The seller shall have the information required by subdivisions (b)(3)(A)-(C) readily available and provide it to the consumer upon request.
(c) This section does not: (1) Impede the department of health in an investigation of a reported foodborne illness; (2) Preclude the production or sale of food items otherwise authorized by law; (3) Change the regulation of other goods and services where homemade food items are also produced or sold; (4) Exempt producers or sellers of homemade food items from any applicable tax law; or (5) Apply to sales other than intrastate sales made within this state.
(1) Impede the department of health in an investigation of a reported foodborne illness;
(2) Preclude the production or sale of food items otherwise authorized by law;
(3) Change the regulation of other goods and services where homemade food items are also produced or sold;
(4) Exempt producers or sellers of homemade food items from any applicable tax law; or
(5) Apply to sales other than intrastate sales made within this state.
(d) This section preempts county, municipal, and other political jurisdictions from prohibiting and regulating the production and sale of homemade food items.
Added by 2022 Tenn. Acts, ch. 862,s 3, eff. 7/1/2022.
Tenn. Code Ann. § 53-1-302 — TN Code / Title 53 / Chapter 1 / Section 53-1-302
State cooperation with United States food and drug administration
Status: in_force

(a) The department is authorized to cooperate with the administration under the standards. (b) In furtherance of its responsibilities under this part the department may: (1) Conduct inspections and take other actions reasonably necessary to assist the administration in enforcing the standards; (2) Enter into cooperative agreements with the administration to implement provisions of the standards; and (3) Promulgate rules to effectuate the purposes of this part, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 2018, ch. 854, § 1.
(a) The department is authorized to cooperate with the administration under the standards.
(b) In furtherance of its responsibilities under this part the department may: (1) Conduct inspections and take other actions reasonably necessary to assist the administration in enforcing the standards; (2) Enter into cooperative agreements with the administration to implement provisions of the standards; and (3) Promulgate rules to effectuate the purposes of this part, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(1) Conduct inspections and take other actions reasonably necessary to assist the administration in enforcing the standards;
(2) Enter into cooperative agreements with the administration to implement provisions of the standards; and
(3) Promulgate rules to effectuate the purposes of this part, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2018, ch. 854, § 1.
Tenn. Code Ann. § 53-11-407 — TN Code / Title 53 / Chapter 11 / Section 53-11-407
Injunctions - Jury trial
Status: in_force

(a) The criminal and circuit courts of this state may exercise jurisdiction to restrain or enjoin violations of part 3 of this chapter and this part, or title 39, chapter 17, part 4. (b) The defendant may demand trial by jury for an alleged violation of an injunction or restraining order under this section. Acts 1971, ch. 163, § 34; T.C.A., § 52-1441; Acts 1996, ch. 675, § 62.
(a) The criminal and circuit courts of this state may exercise jurisdiction to restrain or enjoin violations of part 3 of this chapter and this part, or title 39, chapter 17, part 4.
(b) The defendant may demand trial by jury for an alleged violation of an injunction or restraining order under this section.
Acts 1971, ch. 163, § 34; T.C.A., § 52-1441; Acts 1996, ch. 675, § 62.
Tenn. Code Ann. § 53-2-111 — TN Code / Title 53 / Chapter 2 / Section 53-2-111
[Repealed]
Status: repealed

Repealed by 2020 Tenn. Acts, ch. 727, s 2, eff. 6/22/2020. Acts 1951, ch. 124, § 7 (Williams, § 6579.35); T.C.A. (orig. ed.), § 52-211.
Repealed by 2020 Tenn. Acts, ch. 727, s 2, eff. 6/22/2020.
Acts 1951, ch. 124, § 7 (Williams, § 6579.35); T.C.A. (orig. ed.), § 52-211.
Tenn. Code Ann. § 53-3-303 — TN Code / Title 53 / Chapter 3 / Section 53-3-303
"Tennessee prime milk" - Defined
Status: in_force

For the purposes of this part, "Tennessee prime milk" means a quantity of milk obtained by the milking of one (1) or more healthy cows, not less than eighty percent (80%) of which quantity of milk is produced in this state. Acts 2010 , ch. 627, § 4
For the purposes of this part, "Tennessee prime milk" means a quantity of milk obtained by the milking of one (1) or more healthy cows, not less than eighty percent (80%) of which quantity of milk is produced in this state.
Acts 2010 , ch. 627, § 4
Tenn. Code Ann. § 53-11-415 — TN Code / Title 53 / Chapter 11 / Section 53-11-415
Special revenue fund
Status: in_force

(a) Except as provided in subsection (b), the county or municipality shall account for those funds received under title 39, chapter 17, part 4 in a special revenue fund. Upon demand of the chief executive of the arresting law enforcement agency, the county or municipality shall pay to that agency the funds demanded for use in cash transactions related to undercover investigative drug enforcement operations. The amount of the funds demanded and the requirement to pay the funds are subject to the availability of funds and budgetary appropriations for that purpose. (b) In any county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census, the county trustee or city recorder shall set up a special account for those funds received under title 39, chapter 17, part 4. Upon demand of the chief executive of the arresting law enforcement agency, the county trustee or city recorder shall pay to that agency the demanded funds for use in the drug enforcement program. An accounting of all expenditures from the funds shall be made by the agency to the county trustee or city recorder. Acts 1972, ch. 836, § 2; 1975, ch. 145, § 2; T.C.A., § 52-1450; Acts 1997, ch. 56, §§ 5, 7.
(a) Except as provided in subsection (b), the county or municipality shall account for those funds received under title 39, chapter 17, part 4 in a special revenue fund. Upon demand of the chief executive of the arresting law enforcement agency, the county or municipality shall pay to that agency the funds demanded for use in cash transactions related to undercover investigative drug enforcement operations. The amount of the funds demanded and the requirement to pay the funds are subject to the availability of funds and budgetary appropriations for that purpose.
(b) In any county having a metropolitan form of government and a population in excess of five hundred thousand (500,000), according to the 1990 federal census or any subsequent federal census, the county trustee or city recorder shall set up a special account for those funds received under title 39, chapter 17, part 4. Upon demand of the chief executive of the arresting law enforcement agency, the county trustee or city recorder shall pay to that agency the demanded funds for use in the drug enforcement program. An accounting of all expenditures from the funds shall be made by the agency to the county trustee or city recorder.
Acts 1972, ch. 836, § 2; 1975, ch. 145, § 2; T.C.A., § 52-1450; Acts 1997, ch. 56, §§ 5, 7.
Tenn. Code Ann. § 53-3-113 — TN Code / Title 53 / Chapter 3 / Section 53-3-113
Out-of-state products to meet requirements - Reciprocal inspection authorities and agreements
Status: in_force

(a) It is required that all dairy or trade products shipped into this state from another state shall meet the sanitary standards, definitions and requirements of the law, and the rules and regulations promulgated by the commissioner. (b) The commissioner is authorized to establish acceptable reciprocal inspection authorities, interstate and intrastate, to properly enforce and administer this chapter in accordance with specifications and regulations adopted by the commissioner. (c) A reasonable fee shall be charged for all out-of-state inspections where reciprocal inspections are not available and cannot be negotiated. Acts 1970, ch. 577, § 2; T.C.A., § 52-313.
(a) It is required that all dairy or trade products shipped into this state from another state shall meet the sanitary standards, definitions and requirements of the law, and the rules and regulations promulgated by the commissioner.
(b) The commissioner is authorized to establish acceptable reciprocal inspection authorities, interstate and intrastate, to properly enforce and administer this chapter in accordance with specifications and regulations adopted by the commissioner.
(c) A reasonable fee shall be charged for all out-of-state inspections where reciprocal inspections are not available and cannot be negotiated.
Acts 1970, ch. 577, § 2; T.C.A., § 52-313.
Tenn. Code Ann. § 53-15-102 — TN Code / Title 53 / Chapter 15 / Section 53-15-102
Construction regarding testing
Status: in_force

Nothing in this chapter shall be construed to require the department of agriculture to test, or cause to be tested, any sorghum molasses. Repealed by 2014 Tenn. Acts, ch. 527, s 1, eff. 7/1/2014. Acts 2011 , ch. 286, § 1.
Nothing in this chapter shall be construed to require the department of agriculture to test, or cause to be tested, any sorghum molasses.
Repealed by 2014 Tenn. Acts, ch. 527, s 1, eff. 7/1/2014.
Acts 2011 , ch. 286, § 1.
Tenn. Code Ann. § 53-2-102 — TN Code / Title 53 / Chapter 2 / Section 53-2-102
[Repealed]
Status: repealed

Repealed by 2020 Tenn. Acts, ch. 727, s 2, eff. 6/22/2020. Acts 1951, ch. 124, § 2; 1953, ch. 98, § 1 (Williams, § 6579.30); 1961, ch. 20, § 1; 1981, ch. 322, §§ 1, 2; T.C.A. (orig. ed.), § 52-202.
Repealed by 2020 Tenn. Acts, ch. 727, s 2, eff. 6/22/2020.
Acts 1951, ch. 124, § 2; 1953, ch. 98, § 1 (Williams, § 6579.30); 1961, ch. 20, § 1; 1981, ch. 322, §§ 1, 2; T.C.A. (orig. ed.), § 52-202.
Tenn. Code Ann. § 53-10-312 — TN Code / Title 53 / Chapter 10 / Section 53-10-312
Minimum reporting requirements for wholesalers and manufacturers - Establishment of rules as to reporting requirements
Status: in_force

(a) Wholesalers and manufacturers, as defined in § 63-10-204 , that sell controlled substances at wholesale must at least report the following information to the committee in Automation of Reports and Consolidated Orders System (ARCOS) format or other mutually acceptable format: (1) Wholesaler or manufacturer with a drug enforcement administration registration number; provided, that if this number is not applicable, then another mutually acceptable identifier; (2) Purchaser's drug enforcement administration registration number; provided, that if this number is not applicable, then another mutually acceptable identifier; (3) National drug code number of the actual drug sold; (4) Quantity of the drug sold; (5) Date of sale; and (6) Transaction identifier or invoice number. (b) The board may establish such rules as are necessary to specify which medications shall be reported, the time frames for such reporting, and other reporting requirements as required. (c) A wholesaler shall design and operate a system to disclose to the wholesaler suspicious orders of controlled substances. A wholesaler shall inform the board of pharmacy and the boards whose licensees have prescribing authority of suspicious orders when discovered. Suspicious orders include orders of unusual size, orders deviating substantially from a normal pattern, and orders of unusual frequency. (d) In the event of the discovery of the theft or significant loss of controlled substances, a wholesaler shall report such theft or significant loss to the committee and local law enforcement within one (1) business day of discovery of the theft or loss. Amended by 2016 Tenn. Acts, ch. 1002, s 12, eff. 4/27/2016. Acts 2013 , ch. 430, § 6; 2014, ch. 983, § 2.
(a) Wholesalers and manufacturers, as defined in § 63-10-204 , that sell controlled substances at wholesale must at least report the following information to the committee in Automation of Reports and Consolidated Orders System (ARCOS) format or other mutually acceptable format: (1) Wholesaler or manufacturer with a drug enforcement administration registration number; provided, that if this number is not applicable, then another mutually acceptable identifier; (2) Purchaser's drug enforcement administration registration number; provided, that if this number is not applicable, then another mutually acceptable identifier; (3) National drug code number of the actual drug sold; (4) Quantity of the drug sold; (5) Date of sale; and (6) Transaction identifier or invoice number.
(1) Wholesaler or manufacturer with a drug enforcement administration registration number; provided, that if this number is not applicable, then another mutually acceptable identifier;
(2) Purchaser's drug enforcement administration registration number; provided, that if this number is not applicable, then another mutually acceptable identifier;
(3) National drug code number of the actual drug sold;
(4) Quantity of the drug sold;
(5) Date of sale; and
(6) Transaction identifier or invoice number.
(b) The board may establish such rules as are necessary to specify which medications shall be reported, the time frames for such reporting, and other reporting requirements as required.
(c) A wholesaler shall design and operate a system to disclose to the wholesaler suspicious orders of controlled substances. A wholesaler shall inform the board of pharmacy and the boards whose licensees have prescribing authority of suspicious orders when discovered. Suspicious orders include orders of unusual size, orders deviating substantially from a normal pattern, and orders of unusual frequency.
(d) In the event of the discovery of the theft or significant loss of controlled substances, a wholesaler shall report such theft or significant loss to the committee and local law enforcement within one (1) business day of discovery of the theft or loss.
Amended by 2016 Tenn. Acts, ch. 1002, s 12, eff. 4/27/2016.
Acts 2013 , ch. 430, § 6; 2014, ch. 983, § 2.
Tenn. Code Ann. § 53-14-109 — TN Code / Title 53 / Chapter 14 / Section 53-14-109
Institutional applicants for licenses
Status: in_force

(a) Any institution that regularly engages in research, instruction or chemical analysis may apply for a license authorizing internal approval of specific projects conducted under the institution's immediate auspices. The application shall be accompanied by the fee and materials specified in § 53-14-104 ; provided, that in lieu of a detailed protocol, the institutional applicant may submit a written statement containing: (1) The qualifications of each member of the committee within the institution that will approve specific projects; (2) A description of the system within the institution for approving, supervising and evaluating the projects; and (3) Other information the commissioner may require. (b) Any institution licensed pursuant to subsection (a) shall maintain for review by the board: (1) A description of the project, including the names and qualifications of the individuals assigned to work on and supervise the project; (2) A description of the provisions for safe administration or dispensing of drugs to human subjects, if contemplated; and (3) Upon request of the commissioner, progress reports, evaluations and revisions, if any, of the project, in a form the commissioner prescribes. Acts 1984, ch. 717, § 9.
(a) Any institution that regularly engages in research, instruction or chemical analysis may apply for a license authorizing internal approval of specific projects conducted under the institution's immediate auspices. The application shall be accompanied by the fee and materials specified in § 53-14-104 ; provided, that in lieu of a detailed protocol, the institutional applicant may submit a written statement containing: (1) The qualifications of each member of the committee within the institution that will approve specific projects; (2) A description of the system within the institution for approving, supervising and evaluating the projects; and (3) Other information the commissioner may require.
(1) The qualifications of each member of the committee within the institution that will approve specific projects;
(2) A description of the system within the institution for approving, supervising and evaluating the projects; and
(3) Other information the commissioner may require.
(b) Any institution licensed pursuant to subsection (a) shall maintain for review by the board: (1) A description of the project, including the names and qualifications of the individuals assigned to work on and supervise the project; (2) A description of the provisions for safe administration or dispensing of drugs to human subjects, if contemplated; and (3) Upon request of the commissioner, progress reports, evaluations and revisions, if any, of the project, in a form the commissioner prescribes.
(1) A description of the project, including the names and qualifications of the individuals assigned to work on and supervise the project;
(2) A description of the provisions for safe administration or dispensing of drugs to human subjects, if contemplated; and
(3) Upon request of the commissioner, progress reports, evaluations and revisions, if any, of the project, in a form the commissioner prescribes.
Acts 1984, ch. 717, § 9.
Tenn. Code Ann. § 53-7-215 — TN Code / Title 53 / Chapter 7 / Section 53-7-215
Cost of inspections borne by department of agriculture - Exception
Status: in_force

The cost of inspections made to effectuate this part shall be borne by the department of agriculture; provided, that any extra cost of inspection resulting from overtime operation shall be borne by the establishment operating overtime pursuant to reasonable rules and regulations with respect to inspections that may be promulgated by the commissioner. Acts 1967, ch. 99, § 15; T.C.A., § 52-929.
The cost of inspections made to effectuate this part shall be borne by the department of agriculture; provided, that any extra cost of inspection resulting from overtime operation shall be borne by the establishment operating overtime pursuant to reasonable rules and regulations with respect to inspections that may be promulgated by the commissioner.
Acts 1967, ch. 99, § 15; T.C.A., § 52-929.
Tenn. Code Ann. § 53-11-312 — TN Code / Title 53 / Chapter 11 / Section 53-11-312
Educational materials for providers and facilities where medication assisted treatment is prescribed or provided
Status: in_force

(a) No later than January 1, 2021, the departments of health and mental health and substance abuse services, and the bureau of TennCare shall collaborate to develop educational materials for providers and facilities where medication assisted treatment including treatment involving controlled substances is prescribed or provided. The educational materials shall include the following: (1) Access to and availability of family planning services and contraception; (2) Risks and effects of neonatal abstinence syndrome; and (3) Approaches to client-centered counseling. (b) The departments of health and mental health and substance abuse services and the bureau of TennCare shall make the educational materials available to prescribers of medication assisted treatment and facilities that use medication assisted treatment for the treatment of substance use disorder. Acts 2020, ch. 747, § 1.
(a) No later than January 1, 2021, the departments of health and mental health and substance abuse services, and the bureau of TennCare shall collaborate to develop educational materials for providers and facilities where medication assisted treatment including treatment involving controlled substances is prescribed or provided. The educational materials shall include the following: (1) Access to and availability of family planning services and contraception; (2) Risks and effects of neonatal abstinence syndrome; and (3) Approaches to client-centered counseling.
(1) Access to and availability of family planning services and contraception;
(2) Risks and effects of neonatal abstinence syndrome; and
(3) Approaches to client-centered counseling.
(b) The departments of health and mental health and substance abuse services and the bureau of TennCare shall make the educational materials available to prescribers of medication assisted treatment and facilities that use medication assisted treatment for the treatment of substance use disorder.
Acts 2020, ch. 747, § 1.
Tenn. Code Ann. § 53-11-313 — TN Code / Title 53 / Chapter 11 / Section 53-11-313
Payment for buprenorphine products
Status: in_force

(a) Except as provided in subsection (b), a healthcare prescriber of a buprenorphine product for use in recovery or medication-assisted treatment, or a nonresidential office-based opiate treatment facility, as defined in § 33-2-402 , shall only accept a check, money order, or debit card or credit card that is linked to a bank or credit card account from a financial institution, in payment for services provided by the healthcare prescriber or facility. Use of prepaid debit cards, prepaid credit cards, gift cards, or any other card not linked with a bank or credit card account from a financial institution is prohibited. As used in this subsection (a), "financial institution" means a state or national bank, a state or federally chartered credit union, or a savings bank. (b) A healthcare prescriber or facility described in subsection (a) may accept payment for services provided to a patient by the prescriber or facility in cash for a co-pay, coinsurance, or deductible if the prescriber or facility submits the remainder of the bill for the services provided to the patient's insurance plan for reimbursement. If the patient does not have an insurance plan, then the healthcare prescriber or facility shall not accept cash as payment for services provided. (c) No healthcare provider, licensed by title 63, chapter 6, 7, 9, or 19, shall be compensated or receive payment for services related to buprenorphine treatment: (1) By which the provider receives an amount per patient that is treated within the office or other setting; or (2) By any means by which the provider receives a percentage of a payment that is directly received by a patient to the office, nonresidential office-based opiate treatment facility, as defined in § 33-2-402 , or other provider. (d) A healthcare provider licensed under title 63, or a nonresidential office-based opiate treatment facility, as defined in § 33-2-402 , shall not knowingly treat any TennCare enrollee with buprenorphine products for use in recovery or medication-assisted treatment unless that provider directly bills or seeks reimbursement from TennCare or TennCare's managed care organizations for services provided to the TennCare enrollee. A person is required to disclose to the healthcare provider or nonresidential office-based opiate treatment facility, as defined in § 33-2-402 , that the person is a TennCare enrollee seeking treatment with buprenorphine products for use in recovery or medication-assisted treatment. Acts 2020, ch. 771, § 2.
(a) Except as provided in subsection (b), a healthcare prescriber of a buprenorphine product for use in recovery or medication-assisted treatment, or a nonresidential office-based opiate treatment facility, as defined in § 33-2-402 , shall only accept a check, money order, or debit card or credit card that is linked to a bank or credit card account from a financial institution, in payment for services provided by the healthcare prescriber or facility. Use of prepaid debit cards, prepaid credit cards, gift cards, or any other card not linked with a bank or credit card account from a financial institution is prohibited. As used in this subsection (a), "financial institution" means a state or national bank, a state or federally chartered credit union, or a savings bank.
(b) A healthcare prescriber or facility described in subsection (a) may accept payment for services provided to a patient by the prescriber or facility in cash for a co-pay, coinsurance, or deductible if the prescriber or facility submits the remainder of the bill for the services provided to the patient's insurance plan for reimbursement. If the patient does not have an insurance plan, then the healthcare prescriber or facility shall not accept cash as payment for services provided.
(c) No healthcare provider, licensed by title 63, chapter 6, 7, 9, or 19, shall be compensated or receive payment for services related to buprenorphine treatment: (1) By which the provider receives an amount per patient that is treated within the office or other setting; or (2) By any means by which the provider receives a percentage of a payment that is directly received by a patient to the office, nonresidential office-based opiate treatment facility, as defined in § 33-2-402 , or other provider.
(1) By which the provider receives an amount per patient that is treated within the office or other setting; or
(2) By any means by which the provider receives a percentage of a payment that is directly received by a patient to the office, nonresidential office-based opiate treatment facility, as defined in § 33-2-402 , or other provider.
(d) A healthcare provider licensed under title 63, or a nonresidential office-based opiate treatment facility, as defined in § 33-2-402 , shall not knowingly treat any TennCare enrollee with buprenorphine products for use in recovery or medication-assisted treatment unless that provider directly bills or seeks reimbursement from TennCare or TennCare's managed care organizations for services provided to the TennCare enrollee. A person is required to disclose to the healthcare provider or nonresidential office-based opiate treatment facility, as defined in § 33-2-402 , that the person is a TennCare enrollee seeking treatment with buprenorphine products for use in recovery or medication-assisted treatment.
Acts 2020, ch. 771, § 2.
Tenn. Code Ann. § 53-10-210 — TN Code / Title 53 / Chapter 10 / Section 53-10-210
Prescription drugs for epilepsy patients
Status: in_force

(a) As used in this section, unless the context otherwise requires: (1) "Anti-epileptic drug" means: (A) Any drug prescribed for the treatment of epilepsy; or (B) A drug used to treat or prevent seizures; (2) "Epilepsy" means a neurological condition characterized by recurrent seizures; (3) "Interchange" means the dispensing of one (1) manufacturer of an anti-epileptic drug for a different manufacturer of an anti-epileptic drug for which the patient is currently receiving therapy. This includes the substitution of a generic version for a brand version, a brand version for a generic version, or a generic version for a generic version by a different manufacturer; and (4) "Seizure" means a brief disturbance in electrical activity of the brain. (b) A pharmacist, pharmacy intern or pharmacy technician shall provide notification to the patient, a family member, other relative, or a close personal friend of the individual or any other person identified by the patient before interchanging one manufacturer of an anti-epileptic drug for another manufacturer of an anti-epileptic drug in instances where the patient's epilepsy or seizures are currently being controlled on a specific drug, strength, dosage form, and dosing regimen from a specific manufacturer. The prescriber of the medication shall also be notified prior to the interchange. (c) This section shall not apply to prescriptions dispensed for inpatients of a hospital, nursing home or assisted care living facility as defined in § 68-11-201 , or inpatients or residents of a mental health hospital or residential facility licensed under title 33. Acts 2007, ch. 370, § 1.
(a) As used in this section, unless the context otherwise requires: (1) "Anti-epileptic drug" means: (A) Any drug prescribed for the treatment of epilepsy; or (B) A drug used to treat or prevent seizures; (2) "Epilepsy" means a neurological condition characterized by recurrent seizures; (3) "Interchange" means the dispensing of one (1) manufacturer of an anti-epileptic drug for a different manufacturer of an anti-epileptic drug for which the patient is currently receiving therapy. This includes the substitution of a generic version for a brand version, a brand version for a generic version, or a generic version for a generic version by a different manufacturer; and (4) "Seizure" means a brief disturbance in electrical activity of the brain.
(1) "Anti-epileptic drug" means: (A) Any drug prescribed for the treatment of epilepsy; or (B) A drug used to treat or prevent seizures;
(A) Any drug prescribed for the treatment of epilepsy; or
(B) A drug used to treat or prevent seizures;
(2) "Epilepsy" means a neurological condition characterized by recurrent seizures;
(3) "Interchange" means the dispensing of one (1) manufacturer of an anti-epileptic drug for a different manufacturer of an anti-epileptic drug for which the patient is currently receiving therapy. This includes the substitution of a generic version for a brand version, a brand version for a generic version, or a generic version for a generic version by a different manufacturer; and
(4) "Seizure" means a brief disturbance in electrical activity of the brain.
(b) A pharmacist, pharmacy intern or pharmacy technician shall provide notification to the patient, a family member, other relative, or a close personal friend of the individual or any other person identified by the patient before interchanging one manufacturer of an anti-epileptic drug for another manufacturer of an anti-epileptic drug in instances where the patient's epilepsy or seizures are currently being controlled on a specific drug, strength, dosage form, and dosing regimen from a specific manufacturer. The prescriber of the medication shall also be notified prior to the interchange.
(c) This section shall not apply to prescriptions dispensed for inpatients of a hospital, nursing home or assisted care living facility as defined in § 68-11-201 , or inpatients or residents of a mental health hospital or residential facility licensed under title 33.
Acts 2007, ch. 370, § 1.
Tenn. Code Ann. § 53-11-301 — TN Code / Title 53 / Chapter 11 / Section 53-11-301
Rules and fees for controlled drugs
Status: in_force

The board of pharmacy and the appropriate occupational or professional licensing board governing persons who may legally dispense controlled substances may promulgate rules and charge reasonable fees relating to the registration and control of the manufacture, distribution, dispensing, warehousing of, and the provision of logistics services for controlled substances within this state. Amended by 2015 Tenn. Acts, ch. 293,s 6, eff. 4/24/2015. Acts 1971, ch. 163, § 17; 1971, ch. 408, § 1; 1981, ch. 358, § 1; T.C.A., § 52-1424; Acts 1990, ch. 1026, § 13.
The board of pharmacy and the appropriate occupational or professional licensing board governing persons who may legally dispense controlled substances may promulgate rules and charge reasonable fees relating to the registration and control of the manufacture, distribution, dispensing, warehousing of, and the provision of logistics services for controlled substances within this state.
Amended by 2015 Tenn. Acts, ch. 293,s 6, eff. 4/24/2015.
Acts 1971, ch. 163, § 17; 1971, ch. 408, § 1; 1981, ch. 358, § 1; T.C.A., § 52-1424; Acts 1990, ch. 1026, § 13.
Tenn. Code Ann. § 53-11-314 — TN Code / Title 53 / Chapter 11 / Section 53-11-314
No private right of action
Status: in_force

This chapter does not create a private right of action. Added by 2022 Tenn. Acts, ch. 1061, s 2, eff. 7/1/2022.
This chapter does not create a private right of action.
Added by 2022 Tenn. Acts, ch. 1061, s 2, eff. 7/1/2022.
Tenn. Code Ann. § 53-11-411 — TN Code / Title 53 / Chapter 11 / Section 53-11-411
Administrative decisions - Judicial review
Status: in_force

(a) All final determinations, findings and conclusions of the department of safety, department of mental health and substance abuse services, department of health, or the board of pharmacy under part 3 of this chapter and this part, or title 39, chapter 17, part 4, are final and conclusive decisions of the matters involved. (b) Any person aggrieved by the decision may obtain review of the decision in the circuit court of Davidson County upon petition for writ of certiorari. (c) Findings of fact by the department of safety, department of mental health and substance abuse services, or department of health, or the board of pharmacy, if supported by substantial evidence, are conclusive. Acts 1971, ch. 163, § 38; impl. am. Acts 1975, ch. 248, § 1; T.C.A., § 52-1445; Acts 2000, ch. 947, § 6; 2010, ch. 1100, §§ 87, 88; 2012, ch. 575, § 1.
(a) All final determinations, findings and conclusions of the department of safety, department of mental health and substance abuse services, department of health, or the board of pharmacy under part 3 of this chapter and this part, or title 39, chapter 17, part 4, are final and conclusive decisions of the matters involved.
(b) Any person aggrieved by the decision may obtain review of the decision in the circuit court of Davidson County upon petition for writ of certiorari.
(c) Findings of fact by the department of safety, department of mental health and substance abuse services, or department of health, or the board of pharmacy, if supported by substantial evidence, are conclusive.
Acts 1971, ch. 163, § 38; impl. am. Acts 1975, ch. 248, § 1; T.C.A., § 52-1445; Acts 2000, ch. 947, § 6; 2010, ch. 1100, §§ 87, 88; 2012, ch. 575, § 1.
Tenn. Code Ann. § 53-7-204 — TN Code / Title 53 / Chapter 7 / Section 53-7-204
Inspection and sanitary standards for official establishments for slaughtering or processing of livestock or poultry
Status: in_force

(a) (1) Each official establishment at which livestock or poultry are slaughtered or livestock, deer, or poultry carcasses or parts of livestock, deer, or poultry carcasses, meat food products, or poultry products are processed for intrastate commerce shall have the premises, facilities and equipment, and be operated in accordance with sanitary practices required by rules and regulations prescribed by the commissioner for the purpose of preventing the entry into and movement in commerce of carcasses, parts of carcasses, meat food products, and poultry products that are unwholesome or adulterated. (2) Nothing in subdivision (a)(1) shall be construed as permitting the sale of deer. (b) No livestock, deer, or poultry carcasses or parts of livestock, deer, or poultry carcasses, meat food products or poultry products shall be admitted into any official establishment, unless they have been prepared only under inspection pursuant to this part or the federal Meat Inspection Act ( 21 U.S.C. § 601 et seq.), or the federal Poultry Products Inspection Act ( 21 U.S.C. § 451 et seq.), or their admission is permitted by rules and regulations prescribed by the commissioner under this part. (c) Each establishment licensed under this part that freezes meat or poultry carcasses, parts of meat or poultry carcasses or meat food products or poultry products must be equipped to quick or sharp freeze at ten degrees below zero Fahrenheit (-10°F) and otherwise be equipped to process, store and deliver frozen foods according to official regulations. (d) The commissioner shall refuse to render inspection to any establishment whose premises, facilities or equipment, or the operation of the premises, facilities or equipment, fail to meet the requirements of this section. Acts 1967, ch. 99, § 4; T.C.A., § 52-918; Acts 2007 , ch. 421, § 8.
(a) (1) Each official establishment at which livestock or poultry are slaughtered or livestock, deer, or poultry carcasses or parts of livestock, deer, or poultry carcasses, meat food products, or poultry products are processed for intrastate commerce shall have the premises, facilities and equipment, and be operated in accordance with sanitary practices required by rules and regulations prescribed by the commissioner for the purpose of preventing the entry into and movement in commerce of carcasses, parts of carcasses, meat food products, and poultry products that are unwholesome or adulterated. (2) Nothing in subdivision (a)(1) shall be construed as permitting the sale of deer.
(1) Each official establishment at which livestock or poultry are slaughtered or livestock, deer, or poultry carcasses or parts of livestock, deer, or poultry carcasses, meat food products, or poultry products are processed for intrastate commerce shall have the premises, facilities and equipment, and be operated in accordance with sanitary practices required by rules and regulations prescribed by the commissioner for the purpose of preventing the entry into and movement in commerce of carcasses, parts of carcasses, meat food products, and poultry products that are unwholesome or adulterated.
(2) Nothing in subdivision (a)(1) shall be construed as permitting the sale of deer.
(b) No livestock, deer, or poultry carcasses or parts of livestock, deer, or poultry carcasses, meat food products or poultry products shall be admitted into any official establishment, unless they have been prepared only under inspection pursuant to this part or the federal Meat Inspection Act ( 21 U.S.C. § 601 et seq.), or the federal Poultry Products Inspection Act ( 21 U.S.C. § 451 et seq.), or their admission is permitted by rules and regulations prescribed by the commissioner under this part.
(c) Each establishment licensed under this part that freezes meat or poultry carcasses, parts of meat or poultry carcasses or meat food products or poultry products must be equipped to quick or sharp freeze at ten degrees below zero Fahrenheit (-10°F) and otherwise be equipped to process, store and deliver frozen foods according to official regulations.
(d) The commissioner shall refuse to render inspection to any establishment whose premises, facilities or equipment, or the operation of the premises, facilities or equipment, fail to meet the requirements of this section.
Acts 1967, ch. 99, § 4; T.C.A., § 52-918; Acts 2007 , ch. 421, § 8.
Tenn. Code Ann. § 53-3-304 — TN Code / Title 53 / Chapter 3 / Section 53-3-304
Certification
Status: in_force

Processors electing to have their milk certified as Tennessee prime milk shall make application to the department for such purpose and submit to all inspections deemed necessary by the department to attain such certification. Acts 2010, ch. 627, § 5.
Processors electing to have their milk certified as Tennessee prime milk shall make application to the department for such purpose and submit to all inspections deemed necessary by the department to attain such certification.
Acts 2010, ch. 627, § 5.
Tenn. Code Ann. § 53-10-307 — TN Code / Title 53 / Chapter 10 / Section 53-10-307
Failure to submit information - Liability
Status: in_force

(a) The failure of a healthcare practitioner to submit information to the database required under this part after the committee or the commissioner has submitted a specific written request for the information, or when the committee or the commissioner determines the individual has a demonstrable pattern of failing to submit the information as required, is grounds for the denial of licensure, renewal of licensure, or other disciplinary action against the healthcare practitioner before the licensing board with jurisdiction over the healthcare practitioner and for the committee to take the following actions: (1) Recommend to the appropriate licensure board that it should refuse to issue a license to the individual; (2) Recommend to the appropriate licensure board that it should refuse to renew the individual's license; and (3) Recommend to the appropriate licensure board that it should commence disciplinary action against the licensee seeking revocation, suspension, or other appropriate discipline, including civil penalties. (b) An individual or entity that has submitted information to the database in accordance with this part and in good faith shall not be subject to a suit for civil damages nor held civilly liable for having submitted the information. (c) An individual or entity that in good faith disseminates information contained in, or derived from, the database to the individuals authorized by this part to receive it in the manner authorized by this part or rules promulgated pursuant to this part, shall not be subject to a suit for civil damages nor held individually liable for having done so. (d) Submitting information as required by this part shall not subject the person submitting the information to licensure disciplinary action or any action for breach of confidentiality, ethical duty to a patient, or the sharing of any professional secret. (e) (1) Failure to submit the required information by any healthcare practitioner shall not be considered a violation if a good faith effort was made and the failure of the report to be transmitted was due to technical difficulties or the inability to have the report received by the database. (2) Technical difficulties shall include the failure of the database to receive the transmission of any report, the failure of any healthcare practitioner's system or switch used in the transmission of a report, electrical problems, natural disasters, fires, flooding, or other unforeseen circumstances as defined in rules by the commissioner pursuant to § 53-10-311 . Acts 2002, ch. 840, § 1; 2012 , ch. 880, § 16; 2014, ch. 1011, §§ 2, 4.
(a) The failure of a healthcare practitioner to submit information to the database required under this part after the committee or the commissioner has submitted a specific written request for the information, or when the committee or the commissioner determines the individual has a demonstrable pattern of failing to submit the information as required, is grounds for the denial of licensure, renewal of licensure, or other disciplinary action against the healthcare practitioner before the licensing board with jurisdiction over the healthcare practitioner and for the committee to take the following actions: (1) Recommend to the appropriate licensure board that it should refuse to issue a license to the individual; (2) Recommend to the appropriate licensure board that it should refuse to renew the individual's license; and (3) Recommend to the appropriate licensure board that it should commence disciplinary action against the licensee seeking revocation, suspension, or other appropriate discipline, including civil penalties.
(1) Recommend to the appropriate licensure board that it should refuse to issue a license to the individual;
(2) Recommend to the appropriate licensure board that it should refuse to renew the individual's license; and
(3) Recommend to the appropriate licensure board that it should commence disciplinary action against the licensee seeking revocation, suspension, or other appropriate discipline, including civil penalties.
(b) An individual or entity that has submitted information to the database in accordance with this part and in good faith shall not be subject to a suit for civil damages nor held civilly liable for having submitted the information.
(c) An individual or entity that in good faith disseminates information contained in, or derived from, the database to the individuals authorized by this part to receive it in the manner authorized by this part or rules promulgated pursuant to this part, shall not be subject to a suit for civil damages nor held individually liable for having done so.
(d) Submitting information as required by this part shall not subject the person submitting the information to licensure disciplinary action or any action for breach of confidentiality, ethical duty to a patient, or the sharing of any professional secret.
(e) (1) Failure to submit the required information by any healthcare practitioner shall not be considered a violation if a good faith effort was made and the failure of the report to be transmitted was due to technical difficulties or the inability to have the report received by the database. (2) Technical difficulties shall include the failure of the database to receive the transmission of any report, the failure of any healthcare practitioner's system or switch used in the transmission of a report, electrical problems, natural disasters, fires, flooding, or other unforeseen circumstances as defined in rules by the commissioner pursuant to § 53-10-311 .
(1) Failure to submit the required information by any healthcare practitioner shall not be considered a violation if a good faith effort was made and the failure of the report to be transmitted was due to technical difficulties or the inability to have the report received by the database.
(2) Technical difficulties shall include the failure of the database to receive the transmission of any report, the failure of any healthcare practitioner's system or switch used in the transmission of a report, electrical problems, natural disasters, fires, flooding, or other unforeseen circumstances as defined in rules by the commissioner pursuant to § 53-10-311 .
Acts 2002, ch. 840, § 1; 2012 , ch. 880, § 16; 2014, ch. 1011, §§ 2, 4.
Tenn. Code Ann. § 53-10-201 — TN Code / Title 53 / Chapter 10 / Section 53-10-201
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Affordable Drug Act of 2005." Acts 2005, ch. 434, § 3.
This part shall be known and may be cited as the "Tennessee Affordable Drug Act of 2005."
Acts 2005, ch. 434, § 3.
Tenn. Code Ann. § 53-7-306 — TN Code / Title 53 / Chapter 7 / Section 53-7-306
Violation of provisions - Penalties
Status: in_force

A violation of this part is a Class C misdemeanor. Acts 1972, ch. 604, § 6; T.C.A., § 52-940; Acts 1989, ch. 591, § 113.
A violation of this part is a Class C misdemeanor.
Acts 1972, ch. 604, § 6; T.C.A., § 52-940; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 53-7-102 — TN Code / Title 53 / Chapter 7 / Section 53-7-102
Enforcement - Rules and regulations
Status: in_force

The commissioner of agriculture or the commissioner's duly authorized representative is authorized to enforce § 53-7-101 , and the commissioner is further authorized to adopt and promulgate rules and regulations for the enforcement of § 53-7-101 . Acts 1949, ch. 183, § 2; C. Supp. 1950, § 6579.24 (Williams, § 6596.2); T.C.A. (orig. ed.), § 52-907.
The commissioner of agriculture or the commissioner's duly authorized representative is authorized to enforce § 53-7-101 , and the commissioner is further authorized to adopt and promulgate rules and regulations for the enforcement of § 53-7-101 .
Acts 1949, ch. 183, § 2; C. Supp. 1950, § 6579.24 (Williams, § 6596.2); T.C.A. (orig. ed.), § 52-907.
Tenn. Code Ann. § 53-3-307 — TN Code / Title 53 / Chapter 3 / Section 53-3-307
Documentation - Monthly analysis - Product samples - Costs
Status: in_force

(a) Only those products meeting the standards established in § 53-3-305 shall be labeled and sold as Tennessee prime milk. (b) Dairy processors certified by the department to offer for sale Tennessee prime milk shall maintain documentation from a qualified laboratory acceptable to the department, such documentation to reflect monthly analyses of each product labeled Tennessee prime milk to ensure compliance with the standards established in § 53-3-305 . (c) All such documentary records, as well as all milk procurement and milk processing records, shall be made available to the commissioner upon request. (d) (1) In addition to the monthly analyses required by subsection (b), the commissioner may obtain samples of products for analyses to ensure compliance with the standards established in § 53-3-305 , at the commissioner's discretion. (2) The cost of performing such analyses and shipment to a qualified laboratory of such samples shall be borne by the appropriate processor. Acts 2010, ch. 627, § 8.
(a) Only those products meeting the standards established in § 53-3-305 shall be labeled and sold as Tennessee prime milk.
(b) Dairy processors certified by the department to offer for sale Tennessee prime milk shall maintain documentation from a qualified laboratory acceptable to the department, such documentation to reflect monthly analyses of each product labeled Tennessee prime milk to ensure compliance with the standards established in § 53-3-305 .
(c) All such documentary records, as well as all milk procurement and milk processing records, shall be made available to the commissioner upon request.
(d) (1) In addition to the monthly analyses required by subsection (b), the commissioner may obtain samples of products for analyses to ensure compliance with the standards established in § 53-3-305 , at the commissioner's discretion. (2) The cost of performing such analyses and shipment to a qualified laboratory of such samples shall be borne by the appropriate processor.
(1) In addition to the monthly analyses required by subsection (b), the commissioner may obtain samples of products for analyses to ensure compliance with the standards established in § 53-3-305 , at the commissioner's discretion.
(2) The cost of performing such analyses and shipment to a qualified laboratory of such samples shall be borne by the appropriate processor.
Acts 2010, ch. 627, § 8.
Tenn. Code Ann. § 53-10-105 — TN Code / Title 53 / Chapter 10 / Section 53-10-105
Possession without prescription unlawful
Status: in_force

(a) It is unlawful for any person to have in the person's possession, any drug defined or enumerated in this part, without the drug having been prescribed by a duly licensed physician, certified physician assistant, dentist, optometrist authorized pursuant to § 63-8-102(12) , or veterinarian, and having been dispensed by a pharmacy duly licensed and registered in this state, unless the person was a resident of another state and had the prescription filled by a duly licensed and registered pharmacist of the other state. (b) (1) This section does not apply to authorized agents and representatives of pharmaceutical manufacturers, firms or wholesalers. (2) Nothing in this section applies to a licensed physician, certified physician assistant, dentist, optometrist authorized pursuant to § 63-8-102(12) , or veterinarian, nor to the drugs under the control of the physician, certified physician assistant, dentist, optometrist authorized pursuant to § 63-8-102(12) , or veterinarian in the practice of that person's profession, and the exemption includes a nurse authorized pursuant to § 63-6-204 or § 63-9-113 , who is rendering service under the supervision, control and responsibility of a licensed physician, and who meets the requirements pursuant to § 63-7-207(13) . Acts 1955, ch. 89, § 1; 1963, ch. 369, §§ 2, 4; T.C.A., § 52-1206; Acts 1987, ch. 217, § 4; 1987, ch. 244, §§ 1, 3, 5; 1994, ch. 722, § 4; 1996, ch. 754, § 2; 2000, ch. 541, §§ 2, 3.
(a) It is unlawful for any person to have in the person's possession, any drug defined or enumerated in this part, without the drug having been prescribed by a duly licensed physician, certified physician assistant, dentist, optometrist authorized pursuant to § 63-8-102(12) , or veterinarian, and having been dispensed by a pharmacy duly licensed and registered in this state, unless the person was a resident of another state and had the prescription filled by a duly licensed and registered pharmacist of the other state.
(b) (1) This section does not apply to authorized agents and representatives of pharmaceutical manufacturers, firms or wholesalers. (2) Nothing in this section applies to a licensed physician, certified physician assistant, dentist, optometrist authorized pursuant to § 63-8-102(12) , or veterinarian, nor to the drugs under the control of the physician, certified physician assistant, dentist, optometrist authorized pursuant to § 63-8-102(12) , or veterinarian in the practice of that person's profession, and the exemption includes a nurse authorized pursuant to § 63-6-204 or § 63-9-113 , who is rendering service under the supervision, control and responsibility of a licensed physician, and who meets the requirements pursuant to § 63-7-207(13) .
(1) This section does not apply to authorized agents and representatives of pharmaceutical manufacturers, firms or wholesalers.
(2) Nothing in this section applies to a licensed physician, certified physician assistant, dentist, optometrist authorized pursuant to § 63-8-102(12) , or veterinarian, nor to the drugs under the control of the physician, certified physician assistant, dentist, optometrist authorized pursuant to § 63-8-102(12) , or veterinarian in the practice of that person's profession, and the exemption includes a nurse authorized pursuant to § 63-6-204 or § 63-9-113 , who is rendering service under the supervision, control and responsibility of a licensed physician, and who meets the requirements pursuant to § 63-7-207(13) .
Acts 1955, ch. 89, § 1; 1963, ch. 369, §§ 2, 4; T.C.A., § 52-1206; Acts 1987, ch. 217, § 4; 1987, ch. 244, §§ 1, 3, 5; 1994, ch. 722, § 4; 1996, ch. 754, § 2; 2000, ch. 541, §§ 2, 3.
Tenn. Code Ann. § 53-8-111 — TN Code / Title 53 / Chapter 8 / Section 53-8-111
Hearings - Appeals
Status: in_force

(a) The hearings provided for in this chapter shall be conducted by the commissioner in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (b) Appeals from any final decision after a hearing shall be pursued in accordance with the Uniform Administrative Procedures Act. (c) Subsections (a) and (b) shall not apply in a county where the health department is operating a program pursuant to § 53-8-104(7) that meets the minimum requirements of due process; provided, that appeals from final decisions made under such programs may be made to the commissioner, for the limited purpose of determining whether a material error of law was made at the county level. The appeal to the commissioner shall not be de novo, but shall be limited to a review of the record of the hearing at the county level. Repealed by 2017 Tenn. Acts, ch. 150, s 5, eff. 4/17/2017. Amended by 2013 Tenn. Acts, ch. 182, s 49, eff. 7/1/2015. Acts 1909, ch. 473, § 8; Shan., § 3473a52; Code 1932, § 6609; Acts 1943, ch. 44, § 1; 1949, ch. 133, § 1; mod. C. Supp. 1950, § 6609; Acts 1961, ch. 45, § 1; T.C.A. (orig. ed.), § 52-1012.
(a) The hearings provided for in this chapter shall be conducted by the commissioner in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(b) Appeals from any final decision after a hearing shall be pursued in accordance with the Uniform Administrative Procedures Act.
(c) Subsections (a) and (b) shall not apply in a county where the health department is operating a program pursuant to § 53-8-104(7) that meets the minimum requirements of due process; provided, that appeals from final decisions made under such programs may be made to the commissioner, for the limited purpose of determining whether a material error of law was made at the county level. The appeal to the commissioner shall not be de novo, but shall be limited to a review of the record of the hearing at the county level.
Repealed by 2017 Tenn. Acts, ch. 150, s 5, eff. 4/17/2017.
Amended by 2013 Tenn. Acts, ch. 182, s 49, eff. 7/1/2015.
Acts 1909, ch. 473, § 8; Shan., § 3473a52; Code 1932, § 6609; Acts 1943, ch. 44, § 1; 1949, ch. 133, § 1; mod. C. Supp. 1950, § 6609; Acts 1961, ch. 45, § 1; T.C.A. (orig. ed.), § 52-1012.
Tenn. Code Ann. § 53-10-304 — TN Code / Title 53 / Chapter 10 / Section 53-10-304
Controlled substance database - Director - Administration - Requirements
Status: in_force

(a) There is created within the department a controlled substance database. The director of the controlled substance database shall be responsible for determining staffing in consultation with the executive director of the board of pharmacy. (b) The director shall administer, maintain, and direct the functioning of the database in accordance with this part. The department in consultation with the committee and board may, under state procurement laws, contract with another state agency or private entity to establish, operate, or maintain the database. Additionally, the department, in consultation with the committee and board, shall determine whether to operate the database within the department or contract with another entity to operate the database, based on an analysis of costs and benefits. (c) The purpose of the database is to increase the quality of patient care by equipping healthcare practitioners with accurate, timely information that the practitioners can use to determine when patients acquiring controlled substances may require counseling or intervention for substance abuse, by collecting and maintaining data as described in this part regarding all controlled substances in Schedules II, III, and IV dispensed in this state, and Schedule V controlled substances identified by the controlled substance database committee as demonstrating a potential for abuse. Further, the database is to be used to assist in research, statistical analysis, criminal investigations, enforcement of standards of health professional practice, and state or federal laws involving controlled substances. (d) The data required by this part shall be submitted in compliance with this part to the database by any healthcare practitioner who dispenses a controlled substance contained in Schedules II, III, and IV, and Schedule V controlled substances identified by the committee as demonstrating a potential for abuse, or by any healthcare practitioner delegate who is designated to submit data on a healthcare practitioner's behalf. The reporting requirement shall not apply for the following: (1) [Deleted by 2022 amendment.] (2) Complimentary packages of medicinal drugs that are labeled as a drug sample or complimentary drug dispersed to the practitioner's own patients adequate to treat the patient for a maximum of forty-eight (48) hours in the regular course of practice without the payment of a fee or remuneration of any kind; (3) A sample of a schedule IV or schedule V controlled substance in a quantity limited to an amount that is adequate to treat a patient for a maximum of seventy-two (72) hours or a sample of a non-narcotic schedule V controlled substance in a quantity limited to an amount that is adequate to treat a patient for a maximum of fourteen (14) days, provided without charge by a medical doctor, osteopathic physician, advanced practice nurse with certificates of fitness to prescribe, or physician assistant working at a pain management clinic from providing to that practitioner's patient; (4) Any drug dispensed by a licensed veterinarian; provided, that the quantity dispensed is limited to an amount adequate to treat the nonhuman patient for a maximum of five (5) days; or (5) [Deleted by 2022 amendment.] (6) [Deleted by 2022 amendment.] (7) Any drug prescribed for administration directly to a patient during the course of inpatient or residential treatment in a hospital or nursing home licensed under title 68 or during the course of inpatient treatment in a hospital licensed under title 33. (e) Notwithstanding subsection (c) or (d), a healthcare practitioner whose practice is a Part 2 Program shall submit the dispensing and administration of all controlled substances in accordance with this part. However, reporting of dispensing or administration by a Part 2 Program is not required by this subsection (e) until the commissioner promulgates rules regulating the reporting of such dispensing and administration, and access to that reported information in a manner consistent with the confidentiality provisions of 42 CFR Part 2. Amended by 2022 Tenn. Acts, ch. 825, Secs.s3, s4, s5 eff. 4/14/2022. Amended by 2018 Tenn. Acts, ch. 978, s 6, eff. 7/1/2018. Acts 2002, ch. 840, § 1; 2004, ch. 673, §§ 24, 25; 2007 , ch. 518, § 3; 2011 , ch. 310, § 2; 2012 , ch. 880, § 5.
(a) There is created within the department a controlled substance database. The director of the controlled substance database shall be responsible for determining staffing in consultation with the executive director of the board of pharmacy.
(b) The director shall administer, maintain, and direct the functioning of the database in accordance with this part. The department in consultation with the committee and board may, under state procurement laws, contract with another state agency or private entity to establish, operate, or maintain the database. Additionally, the department, in consultation with the committee and board, shall determine whether to operate the database within the department or contract with another entity to operate the database, based on an analysis of costs and benefits.
(c) The purpose of the database is to increase the quality of patient care by equipping healthcare practitioners with accurate, timely information that the practitioners can use to determine when patients acquiring controlled substances may require counseling or intervention for substance abuse, by collecting and maintaining data as described in this part regarding all controlled substances in Schedules II, III, and IV dispensed in this state, and Schedule V controlled substances identified by the controlled substance database committee as demonstrating a potential for abuse. Further, the database is to be used to assist in research, statistical analysis, criminal investigations, enforcement of standards of health professional practice, and state or federal laws involving controlled substances.
(d) The data required by this part shall be submitted in compliance with this part to the database by any healthcare practitioner who dispenses a controlled substance contained in Schedules II, III, and IV, and Schedule V controlled substances identified by the committee as demonstrating a potential for abuse, or by any healthcare practitioner delegate who is designated to submit data on a healthcare practitioner's behalf. The reporting requirement shall not apply for the following: (1) [Deleted by 2022 amendment.] (2) Complimentary packages of medicinal drugs that are labeled as a drug sample or complimentary drug dispersed to the practitioner's own patients adequate to treat the patient for a maximum of forty-eight (48) hours in the regular course of practice without the payment of a fee or remuneration of any kind; (3) A sample of a schedule IV or schedule V controlled substance in a quantity limited to an amount that is adequate to treat a patient for a maximum of seventy-two (72) hours or a sample of a non-narcotic schedule V controlled substance in a quantity limited to an amount that is adequate to treat a patient for a maximum of fourteen (14) days, provided without charge by a medical doctor, osteopathic physician, advanced practice nurse with certificates of fitness to prescribe, or physician assistant working at a pain management clinic from providing to that practitioner's patient; (4) Any drug dispensed by a licensed veterinarian; provided, that the quantity dispensed is limited to an amount adequate to treat the nonhuman patient for a maximum of five (5) days; or (5) [Deleted by 2022 amendment.] (6) [Deleted by 2022 amendment.] (7) Any drug prescribed for administration directly to a patient during the course of inpatient or residential treatment in a hospital or nursing home licensed under title 68 or during the course of inpatient treatment in a hospital licensed under title 33.
(1) [Deleted by 2022 amendment.]
(2) Complimentary packages of medicinal drugs that are labeled as a drug sample or complimentary drug dispersed to the practitioner's own patients adequate to treat the patient for a maximum of forty-eight (48) hours in the regular course of practice without the payment of a fee or remuneration of any kind;
(3) A sample of a schedule IV or schedule V controlled substance in a quantity limited to an amount that is adequate to treat a patient for a maximum of seventy-two (72) hours or a sample of a non-narcotic schedule V controlled substance in a quantity limited to an amount that is adequate to treat a patient for a maximum of fourteen (14) days, provided without charge by a medical doctor, osteopathic physician, advanced practice nurse with certificates of fitness to prescribe, or physician assistant working at a pain management clinic from providing to that practitioner's patient;
(4) Any drug dispensed by a licensed veterinarian; provided, that the quantity dispensed is limited to an amount adequate to treat the nonhuman patient for a maximum of five (5) days; or
(5) [Deleted by 2022 amendment.]
(6) [Deleted by 2022 amendment.]
(7) Any drug prescribed for administration directly to a patient during the course of inpatient or residential treatment in a hospital or nursing home licensed under title 68 or during the course of inpatient treatment in a hospital licensed under title 33.
(e) Notwithstanding subsection (c) or (d), a healthcare practitioner whose practice is a Part 2 Program shall submit the dispensing and administration of all controlled substances in accordance with this part. However, reporting of dispensing or administration by a Part 2 Program is not required by this subsection (e) until the commissioner promulgates rules regulating the reporting of such dispensing and administration, and access to that reported information in a manner consistent with the confidentiality provisions of 42 CFR Part 2.
Amended by 2022 Tenn. Acts, ch. 825, Secs.s3, s4, s5 eff. 4/14/2022.
Amended by 2018 Tenn. Acts, ch. 978, s 6, eff. 7/1/2018.
Acts 2002, ch. 840, § 1; 2004, ch. 673, §§ 24, 25; 2007 , ch. 518, § 3; 2011 , ch. 310, § 2; 2012 , ch. 880, § 5.
Tenn. Code Ann. § 53-1-108 — TN Code / Title 53 / Chapter 1 / Section 53-1-108
Drugs or devices deemed adulterated
Status: in_force

A drug or device shall be deemed to be adulterated if: (1) (A) It consists, in whole or in part, of any filthy, putrid or decomposed substance; (B) It has been produced, prepared, packed or held under unsanitary conditions whereby it may have been contaminated with filth, or whereby it may have been rendered injurious to health; (C) It is a drug and its container is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health; or (D) It is a drug and it bears or contains, for purposes of coloring only, a coal-tar color other than one from a batch certified under the authority of the federal act; (2) (A) (i) It purports to be or is represented as a drug, the name of which is recognized in an official compendium, and its strength differs from, or its quality or purity falls below, the standard set forth in the compendium; (ii) The determination as to strength, quality or purity shall be made in accordance with the tests or methods of assay set forth in the compendium, or in the absence or inadequacy of those tests or methods of assay, those prescribed by the United States department of agriculture; (B) No drug defined in an official compendium shall be deemed to be adulterated under this subdivision (2) because it differs from the standard of strength, quality or purity for the drug set forth in the compendium, if its difference in strength, quality or purity from the standard is plainly stated on its label; (C) Whenever a drug is recognized in both the United States Pharmacopoeia and the Homeopathic Pharmacopoeia of the United States, it shall be subject to the requirements of the United States Pharmacopoeia, unless it is labeled and offered for sale as a homeopathic drug, in which case it shall be subject to the Homeopathic Pharmacopoeia of the United States; (3) It is not subject to subdivision (2) and its strength differs from, or its purity or quality falls below, that which it purports or is represented to possess; or (4) It is a drug and any substance has been: (A) Mixed or packed with the drug so as to reduce its quality or strength; or (B) Substituted wholly or in part for the drug. Acts 1941, ch. 120, § 15; C. Supp. 1950, § 6580.15; T.C.A. (orig. ed.), § 52-115.
A drug or device shall be deemed to be adulterated if:
(1) (A) It consists, in whole or in part, of any filthy, putrid or decomposed substance; (B) It has been produced, prepared, packed or held under unsanitary conditions whereby it may have been contaminated with filth, or whereby it may have been rendered injurious to health; (C) It is a drug and its container is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health; or (D) It is a drug and it bears or contains, for purposes of coloring only, a coal-tar color other than one from a batch certified under the authority of the federal act;
(A) It consists, in whole or in part, of any filthy, putrid or decomposed substance;
(B) It has been produced, prepared, packed or held under unsanitary conditions whereby it may have been contaminated with filth, or whereby it may have been rendered injurious to health;
(C) It is a drug and its container is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health; or
(D) It is a drug and it bears or contains, for purposes of coloring only, a coal-tar color other than one from a batch certified under the authority of the federal act;
(2) (A) (i) It purports to be or is represented as a drug, the name of which is recognized in an official compendium, and its strength differs from, or its quality or purity falls below, the standard set forth in the compendium; (ii) The determination as to strength, quality or purity shall be made in accordance with the tests or methods of assay set forth in the compendium, or in the absence or inadequacy of those tests or methods of assay, those prescribed by the United States department of agriculture; (B) No drug defined in an official compendium shall be deemed to be adulterated under this subdivision (2) because it differs from the standard of strength, quality or purity for the drug set forth in the compendium, if its difference in strength, quality or purity from the standard is plainly stated on its label; (C) Whenever a drug is recognized in both the United States Pharmacopoeia and the Homeopathic Pharmacopoeia of the United States, it shall be subject to the requirements of the United States Pharmacopoeia, unless it is labeled and offered for sale as a homeopathic drug, in which case it shall be subject to the Homeopathic Pharmacopoeia of the United States;
(A) (i) It purports to be or is represented as a drug, the name of which is recognized in an official compendium, and its strength differs from, or its quality or purity falls below, the standard set forth in the compendium; (ii) The determination as to strength, quality or purity shall be made in accordance with the tests or methods of assay set forth in the compendium, or in the absence or inadequacy of those tests or methods of assay, those prescribed by the United States department of agriculture;
(i) It purports to be or is represented as a drug, the name of which is recognized in an official compendium, and its strength differs from, or its quality or purity falls below, the standard set forth in the compendium;
(ii) The determination as to strength, quality or purity shall be made in accordance with the tests or methods of assay set forth in the compendium, or in the absence or inadequacy of those tests or methods of assay, those prescribed by the United States department of agriculture;
(B) No drug defined in an official compendium shall be deemed to be adulterated under this subdivision (2) because it differs from the standard of strength, quality or purity for the drug set forth in the compendium, if its difference in strength, quality or purity from the standard is plainly stated on its label;
(C) Whenever a drug is recognized in both the United States Pharmacopoeia and the Homeopathic Pharmacopoeia of the United States, it shall be subject to the requirements of the United States Pharmacopoeia, unless it is labeled and offered for sale as a homeopathic drug, in which case it shall be subject to the Homeopathic Pharmacopoeia of the United States;
(3) It is not subject to subdivision (2) and its strength differs from, or its purity or quality falls below, that which it purports or is represented to possess; or
(4) It is a drug and any substance has been: (A) Mixed or packed with the drug so as to reduce its quality or strength; or (B) Substituted wholly or in part for the drug.
(A) Mixed or packed with the drug so as to reduce its quality or strength; or
(B) Substituted wholly or in part for the drug.
Acts 1941, ch. 120, § 15; C. Supp. 1950, § 6580.15; T.C.A. (orig. ed.), § 52-115.
Tenn. Code Ann. § 53-3-110 — TN Code / Title 53 / Chapter 3 / Section 53-3-110
Only approved standard scales, weights, measures and tests to be used
Status: in_force

(a) Every person or agent for any person, buying milk or cream on the basis of its weights or chemical or physical constituents, as determined by an approved test, shall use only standard scales and measures approved by the commissioner and only standard weights and tests, bottles and pipettes approved by the commissioner. (b) It is unlawful for any person to sell the articles listed in subsection (a) to anyone to be used for the purposes stated in subsection (a), unless they have been approved, as required in subsection (a), by the commissioner. Acts 1970, ch. 577, § 2; T.C.A., § 52-310.
(a) Every person or agent for any person, buying milk or cream on the basis of its weights or chemical or physical constituents, as determined by an approved test, shall use only standard scales and measures approved by the commissioner and only standard weights and tests, bottles and pipettes approved by the commissioner.
(b) It is unlawful for any person to sell the articles listed in subsection (a) to anyone to be used for the purposes stated in subsection (a), unless they have been approved, as required in subsection (a), by the commissioner.
Acts 1970, ch. 577, § 2; T.C.A., § 52-310.
Tenn. Code Ann. § 53-10-107 — TN Code / Title 53 / Chapter 10 / Section 53-10-107
Fines and fees to be paid to board of pharmacy
Status: in_force

All fines and fees received in the regulation and enforcement of this part shall be paid to the secretary-treasurer of the board of pharmacy. Acts 1965, ch. 271, § 1; T.C.A., § 52-1207.
All fines and fees received in the regulation and enforcement of this part shall be paid to the secretary-treasurer of the board of pharmacy.
Acts 1965, ch. 271, § 1; T.C.A., § 52-1207.
Tenn. Code Ann. § 53-3-112 — TN Code / Title 53 / Chapter 3 / Section 53-3-112
Inspection of products and establishments - Local regulations
Status: in_force

(a) At times the commissioner deems proper, the commissioner shall cause to be inspected all places where dairy products or trade products are made, stored or served as food for pay, and all places where cows are kept by persons engaged in the sale of milk or cream, and shall require the correction of all unsanitary conditions and practices found in those places. (b) (1) The governing authority of any municipal corporation, by ordinance, and any board of health, by regulation, may provide for the inspection of dairy products or trade products sold within its limits, dairy products or trade products plants and dairies and dairy herds kept for the production of milk or cream, and may prescribe the methods by which dairy products or trade products shall be handled, and may fix penalties for violation of ordinances and regulations; but no ordinance shall conflict in any way whatsoever with any law of this state, or any regulation promulgated by the commissioner, or interfere with any power or duty of the commissioner. (2) It is unlawful for any political subdivision, agency or department of any political subdivision in this state to impose, collect or accept an inspection fee upon or from any person or firm in the state by reason of the fact the person or firm is a producer, transporter or a processor of dairy products. (3) (A) Any Grade A milk, milk products or dairy products produced in a political subdivision of the state shall be accepted without further inspection in all other political subdivisions of the state or their police jurisdictions, if the products are produced or pasteurized under regulations that are substantially equivalent to the latest United States public health service recommended Grade A pasteurized milk ordinance, and that have been awarded an acceptable milk sanitation rating made by a state department of agriculture laboratory certifying officer and milk sanitation rating officer certified by the United States public health service, and acceptable to the commissioner. (B) All ungraded milk, whether used for manufacturing purposes or otherwise, shall be accepted in any political subdivision of this state without further inspection if produced in accordance with the regulations promulgated by the commissioner, setting out minimum standards for operation of manufactured milk product plants. Acts 1970, ch. 577, § 2; 1971, ch. 235, § 1; T.C.A., § 52-312.
(a) At times the commissioner deems proper, the commissioner shall cause to be inspected all places where dairy products or trade products are made, stored or served as food for pay, and all places where cows are kept by persons engaged in the sale of milk or cream, and shall require the correction of all unsanitary conditions and practices found in those places.
(b) (1) The governing authority of any municipal corporation, by ordinance, and any board of health, by regulation, may provide for the inspection of dairy products or trade products sold within its limits, dairy products or trade products plants and dairies and dairy herds kept for the production of milk or cream, and may prescribe the methods by which dairy products or trade products shall be handled, and may fix penalties for violation of ordinances and regulations; but no ordinance shall conflict in any way whatsoever with any law of this state, or any regulation promulgated by the commissioner, or interfere with any power or duty of the commissioner. (2) It is unlawful for any political subdivision, agency or department of any political subdivision in this state to impose, collect or accept an inspection fee upon or from any person or firm in the state by reason of the fact the person or firm is a producer, transporter or a processor of dairy products. (3) (A) Any Grade A milk, milk products or dairy products produced in a political subdivision of the state shall be accepted without further inspection in all other political subdivisions of the state or their police jurisdictions, if the products are produced or pasteurized under regulations that are substantially equivalent to the latest United States public health service recommended Grade A pasteurized milk ordinance, and that have been awarded an acceptable milk sanitation rating made by a state department of agriculture laboratory certifying officer and milk sanitation rating officer certified by the United States public health service, and acceptable to the commissioner. (B) All ungraded milk, whether used for manufacturing purposes or otherwise, shall be accepted in any political subdivision of this state without further inspection if produced in accordance with the regulations promulgated by the commissioner, setting out minimum standards for operation of manufactured milk product plants.
(1) The governing authority of any municipal corporation, by ordinance, and any board of health, by regulation, may provide for the inspection of dairy products or trade products sold within its limits, dairy products or trade products plants and dairies and dairy herds kept for the production of milk or cream, and may prescribe the methods by which dairy products or trade products shall be handled, and may fix penalties for violation of ordinances and regulations; but no ordinance shall conflict in any way whatsoever with any law of this state, or any regulation promulgated by the commissioner, or interfere with any power or duty of the commissioner.
(2) It is unlawful for any political subdivision, agency or department of any political subdivision in this state to impose, collect or accept an inspection fee upon or from any person or firm in the state by reason of the fact the person or firm is a producer, transporter or a processor of dairy products.
(3) (A) Any Grade A milk, milk products or dairy products produced in a political subdivision of the state shall be accepted without further inspection in all other political subdivisions of the state or their police jurisdictions, if the products are produced or pasteurized under regulations that are substantially equivalent to the latest United States public health service recommended Grade A pasteurized milk ordinance, and that have been awarded an acceptable milk sanitation rating made by a state department of agriculture laboratory certifying officer and milk sanitation rating officer certified by the United States public health service, and acceptable to the commissioner. (B) All ungraded milk, whether used for manufacturing purposes or otherwise, shall be accepted in any political subdivision of this state without further inspection if produced in accordance with the regulations promulgated by the commissioner, setting out minimum standards for operation of manufactured milk product plants.
(A) Any Grade A milk, milk products or dairy products produced in a political subdivision of the state shall be accepted without further inspection in all other political subdivisions of the state or their police jurisdictions, if the products are produced or pasteurized under regulations that are substantially equivalent to the latest United States public health service recommended Grade A pasteurized milk ordinance, and that have been awarded an acceptable milk sanitation rating made by a state department of agriculture laboratory certifying officer and milk sanitation rating officer certified by the United States public health service, and acceptable to the commissioner.
(B) All ungraded milk, whether used for manufacturing purposes or otherwise, shall be accepted in any political subdivision of this state without further inspection if produced in accordance with the regulations promulgated by the commissioner, setting out minimum standards for operation of manufactured milk product plants.
Acts 1970, ch. 577, § 2; 1971, ch. 235, § 1; T.C.A., § 52-312.
Tenn. Code Ann. § 53-7-101 — TN Code / Title 53 / Chapter 7 / Section 53-7-101
Horsemeat sold or offered for sale to be denatured
Status: in_force

All horsemeat sold, offered for sale or exposed for sale shall be denatured with at least two percent (2%) charcoal or other similar inert ingredient and shall be in package form, and so labeled as to show that it contains horsemeat that has been denatured with at least two percent (2%) charcoal or other similar inert ingredient. Acts 1949, ch. 183, § 1; C. Supp. 1950, § 6579.23 (Williams, § 6596.1); T.C.A. (orig. ed.), § 52-906.
All horsemeat sold, offered for sale or exposed for sale shall be denatured with at least two percent (2%) charcoal or other similar inert ingredient and shall be in package form, and so labeled as to show that it contains horsemeat that has been denatured with at least two percent (2%) charcoal or other similar inert ingredient.
Acts 1949, ch. 183, § 1; C. Supp. 1950, § 6579.23 (Williams, § 6596.1); T.C.A. (orig. ed.), § 52-906.
Tenn. Code Ann. § 53-8-119 — TN Code / Title 53 / Chapter 8 / Section 53-8-119
Violations
Status: in_force

Any person operating a food establishment who fails or refuses to comply with any provision of this chapter or of rules and regulations, or obstructs or hinders the regulatory authority in the discharge of the regulatory authority's duties, or otherwise operates a food establishment in violation of this chapter or of rules and regulations commits a Class C misdemeanor. Each day of operation after notice of non-compliance of violation has been given and such violation has not been corrected constitutes a separate offense. Acts 2013, ch. 182, § 19; T.C.A., § 53-8-219 .
Any person operating a food establishment who fails or refuses to comply with any provision of this chapter or of rules and regulations, or obstructs or hinders the regulatory authority in the discharge of the regulatory authority's duties, or otherwise operates a food establishment in violation of this chapter or of rules and regulations commits a Class C misdemeanor. Each day of operation after notice of non-compliance of violation has been given and such violation has not been corrected constitutes a separate offense.
Acts 2013, ch. 182, § 19; T.C.A., § 53-8-219 .
Tenn. Code Ann. § 53-2-114 — TN Code / Title 53 / Chapter 2 / Section 53-2-114
[Repealed]
Status: repealed

Repealed by 2020 Tenn. Acts, ch. 727, s 2, eff. 6/22/2020. Acts 1951, ch. 124, § 10 (Williams, § 6579.38); T.C.A. (orig. ed.), § 52-214; Acts 1989, ch. 591, § 113.
Repealed by 2020 Tenn. Acts, ch. 727, s 2, eff. 6/22/2020.
Acts 1951, ch. 124, § 10 (Williams, § 6579.38); T.C.A. (orig. ed.), § 52-214; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 53-11-307 — TN Code / Title 53 / Chapter 11 / Section 53-11-307
Inter-registrant distribution
Status: in_force

(a) Controlled substances in Schedules I and II shall be distributed by a registrant to another registrant only pursuant to an order form. (b) Compliance with federal law respecting order forms shall be deemed compliance with this section. Acts 1971, ch. 163, § 23; T.C.A., § 52-1430.
(a) Controlled substances in Schedules I and II shall be distributed by a registrant to another registrant only pursuant to an order form.
(b) Compliance with federal law respecting order forms shall be deemed compliance with this section.
Acts 1971, ch. 163, § 23; T.C.A., § 52-1430.
Tenn. Code Ann. § 53-3-302 — TN Code / Title 53 / Chapter 3 / Section 53-3-302
Category Tennessee prime milk established
Status: in_force

Notwithstanding any provision of law to the contrary, there is established a category of milk to be known as Tennessee prime milk and to be certified as such by the department for sale at retail. Acts 2010, ch. 627, § 3.
Notwithstanding any provision of law to the contrary, there is established a category of milk to be known as Tennessee prime milk and to be certified as such by the department for sale at retail.
Acts 2010, ch. 627, § 3.
Tenn. Code Ann. § 53-10-102 — TN Code / Title 53 / Chapter 10 / Section 53-10-102
Application of part
Status: in_force

(a) There are exempted from this part: (1) The sale of legend drugs by legitimate wholesale druggists to registered pharmacists and the sale by registered pharmacists to duly licensed physicians, dentists and veterinarians; and (2) The sale of legend drugs by registered pharmacists to duly licensed optometrists and the possession and use of legend drugs by duly licensed optometrists as authorized by § 63-8-102 . (b) This part shall apply to this state, its departments, agencies and employees and to the political subdivisions of the state and their departments, agencies and employees, except the department of health and local health departments, which shall be subject to § 63-10-405 . Acts 1939, ch. 164, § 1; C. Supp. 1950, § 6632.24 (Williams, § 6632.6); Acts 1955, ch. 89, § 1; 1971, ch. 163, § 43; 1975, ch. 116, § 2; 1982, ch. 673, § 1; T.C.A. (orig. ed.), § 52-1202.
(a) There are exempted from this part: (1) The sale of legend drugs by legitimate wholesale druggists to registered pharmacists and the sale by registered pharmacists to duly licensed physicians, dentists and veterinarians; and (2) The sale of legend drugs by registered pharmacists to duly licensed optometrists and the possession and use of legend drugs by duly licensed optometrists as authorized by § 63-8-102 .
(1) The sale of legend drugs by legitimate wholesale druggists to registered pharmacists and the sale by registered pharmacists to duly licensed physicians, dentists and veterinarians; and
(2) The sale of legend drugs by registered pharmacists to duly licensed optometrists and the possession and use of legend drugs by duly licensed optometrists as authorized by § 63-8-102 .
(b) This part shall apply to this state, its departments, agencies and employees and to the political subdivisions of the state and their departments, agencies and employees, except the department of health and local health departments, which shall be subject to § 63-10-405 .
Acts 1939, ch. 164, § 1; C. Supp. 1950, § 6632.24 (Williams, § 6632.6); Acts 1955, ch. 89, § 1; 1971, ch. 163, § 43; 1975, ch. 116, § 2; 1982, ch. 673, § 1; T.C.A. (orig. ed.), § 52-1202.
Tenn. Code Ann. § 53-8-115 — TN Code / Title 53 / Chapter 8 / Section 53-8-115
Correction of violations
Status: in_force

(a) The completed inspection report shall specify a reasonable period of time for correction of violations found. (b) Corrections of violations shall be accomplished within the period specified in accordance with the following: (1) If an imminent health hazard exists, the facility shall immediately cease operations until authorized to reopen by the commissioner; (2) All violations of priority items shall be corrected as soon as possible and in any event within ten (10) days following inspection. Within fifteen (15) days after inspection, the permittee shall notify the commissioner stating that priority item violations have been corrected. A follow-up inspection may be made for confirmation; (3) All other items shall be corrected as soon as possible, but no later than the time of the next routine inspection. (c) The inspection report shall state that failure to comply with any time limits specified by the commissioner for correction may result in cessation of operations. An opportunity for a hearing on the ordered corrective action shall be provided, if a written request is filed with the commissioner within ten (10) days following cessation of operations. If a request for a hearing is received, a hearing shall be held within a reasonable time after receipt of the request. (d) Whenever a facility is required under this section to cease operations, it shall not resume operations until it has shown on reinspection that the conditions that led to the order to cease operations no longer exist. Opportunity for reinspection shall be offered within a reasonable time. Repealed by 2017 Tenn. Acts, ch. 150, s 5, eff. 4/17/2017. Acts 1909, ch. 473, § 10; 1913 (1st E.S.), ch. 15, § 2; Shan., §§ 3473a56, 3473a57, 3473a58, 3473a59, 3473a60; mod. Code 1932, §§ 6613, 6614, 6615, 6616, 6617; Acts 1979, ch. 399, § 6; T.C.A. (orig. ed.), §§ 52-1017 -- 52-1021; Acts 1989, ch. 591, § 113.
(a) The completed inspection report shall specify a reasonable period of time for correction of violations found.
(b) Corrections of violations shall be accomplished within the period specified in accordance with the following: (1) If an imminent health hazard exists, the facility shall immediately cease operations until authorized to reopen by the commissioner; (2) All violations of priority items shall be corrected as soon as possible and in any event within ten (10) days following inspection. Within fifteen (15) days after inspection, the permittee shall notify the commissioner stating that priority item violations have been corrected. A follow-up inspection may be made for confirmation; (3) All other items shall be corrected as soon as possible, but no later than the time of the next routine inspection.
(1) If an imminent health hazard exists, the facility shall immediately cease operations until authorized to reopen by the commissioner;
(2) All violations of priority items shall be corrected as soon as possible and in any event within ten (10) days following inspection. Within fifteen (15) days after inspection, the permittee shall notify the commissioner stating that priority item violations have been corrected. A follow-up inspection may be made for confirmation;
(3) All other items shall be corrected as soon as possible, but no later than the time of the next routine inspection.
(c) The inspection report shall state that failure to comply with any time limits specified by the commissioner for correction may result in cessation of operations. An opportunity for a hearing on the ordered corrective action shall be provided, if a written request is filed with the commissioner within ten (10) days following cessation of operations. If a request for a hearing is received, a hearing shall be held within a reasonable time after receipt of the request.
(d) Whenever a facility is required under this section to cease operations, it shall not resume operations until it has shown on reinspection that the conditions that led to the order to cease operations no longer exist. Opportunity for reinspection shall be offered within a reasonable time.
Repealed by 2017 Tenn. Acts, ch. 150, s 5, eff. 4/17/2017.
Acts 1909, ch. 473, § 10; 1913 (1st E.S.), ch. 15, § 2; Shan., §§ 3473a56, 3473a57, 3473a58, 3473a59, 3473a60; mod. Code 1932, §§ 6613, 6614, 6615, 6616, 6617; Acts 1979, ch. 399, § 6; T.C.A. (orig. ed.), §§ 52-1017 -- 52-1021; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 53-8-110 — TN Code / Title 53 / Chapter 8 / Section 53-8-110
Service of notice
Status: in_force

A notice provided for in this chapter is properly served when it is delivered to the permittee or person in charge, or when it is sent by certified mail, return receipt requested, to the last known address of the permittee. A copy of the notice shall be filed in the records of the commissioner. Repealed by 2017 Tenn. Acts, ch. 150, s 5, eff. 4/17/2017. Acts 1909, ch. 473, § 6; Shan., § 3473a50; Code 1932, § 6607; T.C.A. (orig. ed.), § 52-1011.
A notice provided for in this chapter is properly served when it is delivered to the permittee or person in charge, or when it is sent by certified mail, return receipt requested, to the last known address of the permittee. A copy of the notice shall be filed in the records of the commissioner.
Repealed by 2017 Tenn. Acts, ch. 150, s 5, eff. 4/17/2017.
Acts 1909, ch. 473, § 6; Shan., § 3473a50; Code 1932, § 6607; T.C.A. (orig. ed.), § 52-1011.
Tenn. Code Ann. § 53-11-304 — TN Code / Title 53 / Chapter 11 / Section 53-11-304
Suspension and revocation of registration
Status: in_force

(a) A registration under § 53-11-302 to manufacture, warehouse, distribute, dispense, or provide logistics services for a controlled substance may be suspended or revoked by the board of pharmacy and the appropriate occupational or professional licensing board governing persons who may legally dispense controlled substances upon a finding that the registrant has: (1) Furnished false or fraudulent material information in any application filed under this part and part 4 of this chapter, or title 39, chapter 17, part 4; (2) Been convicted of a felony under any state or federal law relating to any controlled substance; or (3) Had the registrant's federal registration suspended or revoked to manufacture, distribute or dispense controlled substances. (b) The board of pharmacy and the appropriate occupational or professional licensing board governing persons who may legally dispense controlled substances may limit revocation or suspension of a registration to the particular controlled substance with respect to which grounds for revocation or suspension exist. (c) (1) If the board of pharmacy and the appropriate occupational or professional licensing board governing persons who may legally dispense controlled substances suspend or revoke a registration, all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation order may be placed under seal. (2) No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded, unless a court, upon application for disposition, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. (3) Upon a revocation order becoming final, all controlled substances may be forfeited to the state. (d) The board of pharmacy and the appropriate occupational or professional licensing board governing persons who may legally dispense controlled substances shall promptly notify the bureau, as defined in § 39-17-402 , of all orders suspending or revoking registration and all forfeitures of controlled substances. Amended by 2015 Tenn. Acts, ch. 293,s 2, eff. 4/24/2015. Acts 1971, ch. 163, § 20; T.C.A., § 52-1427; Acts 1996, ch. 675, § 55.
(a) A registration under § 53-11-302 to manufacture, warehouse, distribute, dispense, or provide logistics services for a controlled substance may be suspended or revoked by the board of pharmacy and the appropriate occupational or professional licensing board governing persons who may legally dispense controlled substances upon a finding that the registrant has: (1) Furnished false or fraudulent material information in any application filed under this part and part 4 of this chapter, or title 39, chapter 17, part 4; (2) Been convicted of a felony under any state or federal law relating to any controlled substance; or (3) Had the registrant's federal registration suspended or revoked to manufacture, distribute or dispense controlled substances.
(1) Furnished false or fraudulent material information in any application filed under this part and part 4 of this chapter, or title 39, chapter 17, part 4;
(2) Been convicted of a felony under any state or federal law relating to any controlled substance; or
(3) Had the registrant's federal registration suspended or revoked to manufacture, distribute or dispense controlled substances.
(b) The board of pharmacy and the appropriate occupational or professional licensing board governing persons who may legally dispense controlled substances may limit revocation or suspension of a registration to the particular controlled substance with respect to which grounds for revocation or suspension exist.
(c) (1) If the board of pharmacy and the appropriate occupational or professional licensing board governing persons who may legally dispense controlled substances suspend or revoke a registration, all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation order may be placed under seal. (2) No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded, unless a court, upon application for disposition, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court. (3) Upon a revocation order becoming final, all controlled substances may be forfeited to the state.
(1) If the board of pharmacy and the appropriate occupational or professional licensing board governing persons who may legally dispense controlled substances suspend or revoke a registration, all controlled substances owned or possessed by the registrant at the time of suspension or the effective date of the revocation order may be placed under seal.
(2) No disposition may be made of substances under seal until the time for taking an appeal has elapsed or until all appeals have been concluded, unless a court, upon application for disposition, orders the sale of perishable substances and the deposit of the proceeds of the sale with the court.
(3) Upon a revocation order becoming final, all controlled substances may be forfeited to the state.
(d) The board of pharmacy and the appropriate occupational or professional licensing board governing persons who may legally dispense controlled substances shall promptly notify the bureau, as defined in § 39-17-402 , of all orders suspending or revoking registration and all forfeitures of controlled substances.
Amended by 2015 Tenn. Acts, ch. 293,s 2, eff. 4/24/2015.
Acts 1971, ch. 163, § 20; T.C.A., § 52-1427; Acts 1996, ch. 675, § 55.
Tenn. Code Ann. § 53-14-106 — TN Code / Title 53 / Chapter 14 / Section 53-14-106
License - Contents - Expiration - Nontransferable
Status: in_force

(a) All licenses issued pursuant to § 53-14-105 shall specify: (1) The name and address of the licensees; (2) The nature of the authorized project or projects; (3) The nature of legend drugs, controlled substances or controlled substance analogues to be used in the project; and (4) Whether dispensing to human subjects is permitted. (b) A license shall expire one (1) year from the date of issuance, or upon termination of the authorized project or projects, whichever comes first, and shall be renewable annually at a fee of thirty dollars ($30.00). (c) No license shall be transferable. Acts 1984, ch. 717, §6; 2012 , ch. 848, § 53.
(a) All licenses issued pursuant to § 53-14-105 shall specify: (1) The name and address of the licensees; (2) The nature of the authorized project or projects; (3) The nature of legend drugs, controlled substances or controlled substance analogues to be used in the project; and (4) Whether dispensing to human subjects is permitted.
(1) The name and address of the licensees;
(2) The nature of the authorized project or projects;
(3) The nature of legend drugs, controlled substances or controlled substance analogues to be used in the project; and
(4) Whether dispensing to human subjects is permitted.
(b) A license shall expire one (1) year from the date of issuance, or upon termination of the authorized project or projects, whichever comes first, and shall be renewable annually at a fee of thirty dollars ($30.00).
(c) No license shall be transferable.
Acts 1984, ch. 717, §6; 2012 , ch. 848, § 53.
Tenn. Code Ann. § 53-10-206 — TN Code / Title 53 / Chapter 10 / Section 53-10-206
Responsibility of pharmacist
Status: in_force

A pharmacist who selects a generic equivalent for substitution, pursuant to § 53-10-204 , has the same responsibility for the selected drug as the pharmacist would in dispensing a prescription for the drug prescribed by the drug's trade or brand name. Acts 2005, ch. 434, § 8.
A pharmacist who selects a generic equivalent for substitution, pursuant to § 53-10-204 , has the same responsibility for the selected drug as the pharmacist would in dispensing a prescription for the drug prescribed by the drug's trade or brand name.
Acts 2005, ch. 434, § 8.
Tenn. Code Ann. § 53-10-302 — TN Code / Title 53 / Chapter 10 / Section 53-10-302
Part definitions
Status: in_force

As used in this part, unless the context requires otherwise: (1) "Board" means the board of pharmacy created by title 63, chapter 10, part 3; (2) "Commissioner" means the commissioner of health; (3) "Committee" means the controlled substance database committee created by § 53-10-303 ; (4) "Controlled substances" means a drug, substance, or immediate precursor in Schedules I through VI defined or listed in the Tennessee Drug Control Act of 1989, compiled in title 39, chapter 17, part 4; (5) "Database" means the controlled substance database created by § 53-10-304 ; (6) "Department" means the department of health; (7) "Director" means the director of the controlled substance database, who shall be a Tennessee licensed pharmacist designated by the commissioner, in consultation with the executive director of the board of pharmacy and with the committee, to administer, maintain, and direct the operation and function of the controlled substance database; (8) "Dispense" means to physically deliver a controlled substance covered by this part to any person, institution, or entity with the intent that it be consumed away from the premises on which it is dispensed. "Dispense" does not include the act of writing a prescription by a practitioner to be filled at a pharmacy licensed by the board. For purposes of this part, physical delivery includes mailing controlled substances into this state; (9) "Healthcare practitioner," for the purposes of this part only, means: (A) A person licensed, registered, or otherwise permitted to prescribe, distribute, or dispense a controlled substance in the course of professional practice; (B) A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, or dispense, or administer a controlled substance in the course of professional practice; (C) A certified registered nurse anesthetist (CRNA) as described in § 63-7-103 ; or (D) The state chief medical examiner, a county medical examiner, a deputy or assistant state medical examiner or forensic pathologist under the control or direction of the chief medical examiner, or a deputy or assistant county medical examiner or forensic pathologist under the control or direction of a county medical examiner; (10) "Healthcare practitioner delegate" means any person designated by a healthcare practitioner to act as an agent of the healthcare practitioner, upon registering the person as a delegate and providing any information required by the department. A healthcare practitioner shall have the ability to authorize a healthcare practitioner delegate to check the controlled substance database as stipulated in this part. The healthcare practitioner shall be responsible for actions taken by their healthcare practitioner delegates pursuant to this part; (11) "Law enforcement personnel" means agents of the Tennessee bureau of investigation, agents of a judicial district drug task force, drug enforcement administration agents, and certified law enforcement officers certified pursuant to § 38-8-107 , and certified law enforcement officers by other states; (12) "Manufacturer" means any person, except a pharmacist compounding in the normal course of professional practice, engaged in the commercial production, preparation, propagation, conversion, or processing of a drug, either directly or indirectly, by extraction from substances of natural origin or independently by means of chemical synthesis, or both, and includes any packaging or repackaging of a drug or the labeling or relabeling of its container and the promotion and marketing of such drugs or devices; (13) "Operations committee" means the operations committee created by this part to consult with and confirm or deny decisions made by the commissioner within the authority granted to the commissioner by this part; (14) "Part 2 Program" has the same meaning as defined by 42 CFR § 2.11 ; and (15) "Wholesaler" or "wholesale distributor" means a person primarily engaged in the wholesale distribution of drugs or devices; provided, that "wholesaler" or "wholesale distributor" does not include licensed third-party logistics providers. For the purposes of this part, transfers and sales of drugs or devices from one (1) licensed pharmacy to another shall not constitute wholesale distribution of drugs or devices. Amended by 2022 Tenn. Acts, ch. 825, s 1, eff. 4/14/2022. Amended by 2021 Tenn. Acts, ch. 136, Secs.s1, s2 eff. 4/13/2021. Acts 2002, ch. 840, § 1; 2007 , ch. 518, § 1; 2011 , ch. 310, § 1; 2012 , ch. 880, § 2; 2013 , ch. 430, §§ 3, 5.
As used in this part, unless the context requires otherwise:
(1) "Board" means the board of pharmacy created by title 63, chapter 10, part 3;
(2) "Commissioner" means the commissioner of health;
(3) "Committee" means the controlled substance database committee created by § 53-10-303 ;
(4) "Controlled substances" means a drug, substance, or immediate precursor in Schedules I through VI defined or listed in the Tennessee Drug Control Act of 1989, compiled in title 39, chapter 17, part 4;
(5) "Database" means the controlled substance database created by § 53-10-304 ;
(6) "Department" means the department of health;
(7) "Director" means the director of the controlled substance database, who shall be a Tennessee licensed pharmacist designated by the commissioner, in consultation with the executive director of the board of pharmacy and with the committee, to administer, maintain, and direct the operation and function of the controlled substance database;
(8) "Dispense" means to physically deliver a controlled substance covered by this part to any person, institution, or entity with the intent that it be consumed away from the premises on which it is dispensed. "Dispense" does not include the act of writing a prescription by a practitioner to be filled at a pharmacy licensed by the board. For purposes of this part, physical delivery includes mailing controlled substances into this state;
(9) "Healthcare practitioner," for the purposes of this part only, means: (A) A person licensed, registered, or otherwise permitted to prescribe, distribute, or dispense a controlled substance in the course of professional practice; (B) A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, or dispense, or administer a controlled substance in the course of professional practice; (C) A certified registered nurse anesthetist (CRNA) as described in § 63-7-103 ; or (D) The state chief medical examiner, a county medical examiner, a deputy or assistant state medical examiner or forensic pathologist under the control or direction of the chief medical examiner, or a deputy or assistant county medical examiner or forensic pathologist under the control or direction of a county medical examiner;
(A) A person licensed, registered, or otherwise permitted to prescribe, distribute, or dispense a controlled substance in the course of professional practice;
(B) A pharmacy, hospital, or other institution licensed, registered, or otherwise permitted to distribute, or dispense, or administer a controlled substance in the course of professional practice;
(C) A certified registered nurse anesthetist (CRNA) as described in § 63-7-103 ; or
(D) The state chief medical examiner, a county medical examiner, a deputy or assistant state medical examiner or forensic pathologist under the control or direction of the chief medical examiner, or a deputy or assistant county medical examiner or forensic pathologist under the control or direction of a county medical examiner;
(10) "Healthcare practitioner delegate" means any person designated by a healthcare practitioner to act as an agent of the healthcare practitioner, upon registering the person as a delegate and providing any information required by the department. A healthcare practitioner shall have the ability to authorize a healthcare practitioner delegate to check the controlled substance database as stipulated in this part. The healthcare practitioner shall be responsible for actions taken by their healthcare practitioner delegates pursuant to this part;
(11) "Law enforcement personnel" means agents of the Tennessee bureau of investigation, agents of a judicial district drug task force, drug enforcement administration agents, and certified law enforcement officers certified pursuant to § 38-8-107 , and certified law enforcement officers by other states;
(12) "Manufacturer" means any person, except a pharmacist compounding in the normal course of professional practice, engaged in the commercial production, preparation, propagation, conversion, or processing of a drug, either directly or indirectly, by extraction from substances of natural origin or independently by means of chemical synthesis, or both, and includes any packaging or repackaging of a drug or the labeling or relabeling of its container and the promotion and marketing of such drugs or devices;
(13) "Operations committee" means the operations committee created by this part to consult with and confirm or deny decisions made by the commissioner within the authority granted to the commissioner by this part;
(14) "Part 2 Program" has the same meaning as defined by 42 CFR § 2.11 ; and
(15) "Wholesaler" or "wholesale distributor" means a person primarily engaged in the wholesale distribution of drugs or devices; provided, that "wholesaler" or "wholesale distributor" does not include licensed third-party logistics providers. For the purposes of this part, transfers and sales of drugs or devices from one (1) licensed pharmacy to another shall not constitute wholesale distribution of drugs or devices.
Amended by 2022 Tenn. Acts, ch. 825, s 1, eff. 4/14/2022.
Amended by 2021 Tenn. Acts, ch. 136, Secs.s1, s2 eff. 4/13/2021.
Acts 2002, ch. 840, § 1; 2007 , ch. 518, § 1; 2011 , ch. 310, § 1; 2012 , ch. 880, § 2; 2013 , ch. 430, §§ 3, 5.
Tenn. Code Ann. § 53-1-111 — TN Code / Title 53 / Chapter 1 / Section 53-1-111
Cosmetics deemed adulterated
Status: in_force

A cosmetic shall be deemed to be adulterated if: (1) It bears or contains any poisonous or deleterious substance that may render it injurious to users under the conditions of use prescribed in the labeling or advertisement of the cosmetic, or under conditions of use that are customary or usual; provided, that this subdivision (1) shall not apply to coal-tar hair dye, the label of which bears the following legend conspicuously displayed on the label: "Caution - This product contains ingredients that may cause skin irritation on certain individuals and a preliminary test according to accompanying direction should first be made. This product must not be used for dyeing the eyelashes or eyebrows; to do so may cause blindness", and the labeling of which bears adequate direction to the preliminary testing. For the purpose of this subdivision (1), hair dye does not include eyelash dye or eyebrow dyes; (2) It consists, in whole or in part, of any filthy, putrid or decomposed substance; (3) It has been produced, prepared, packed or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health; (4) Its container is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health; or (5) It is not a hair dye and it bears or contains a coal-tar color other than one from a batch that has been certified under the federal act. Acts 1941, ch. 120, § 18; C. Supp. 1950, § 6580.18; T.C.A. (orig. ed.), § 52-118.
A cosmetic shall be deemed to be adulterated if:
(1) It bears or contains any poisonous or deleterious substance that may render it injurious to users under the conditions of use prescribed in the labeling or advertisement of the cosmetic, or under conditions of use that are customary or usual; provided, that this subdivision (1) shall not apply to coal-tar hair dye, the label of which bears the following legend conspicuously displayed on the label: "Caution - This product contains ingredients that may cause skin irritation on certain individuals and a preliminary test according to accompanying direction should first be made. This product must not be used for dyeing the eyelashes or eyebrows; to do so may cause blindness", and the labeling of which bears adequate direction to the preliminary testing. For the purpose of this subdivision (1), hair dye does not include eyelash dye or eyebrow dyes;
(2) It consists, in whole or in part, of any filthy, putrid or decomposed substance;
(3) It has been produced, prepared, packed or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health;
(4) Its container is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health; or
(5) It is not a hair dye and it bears or contains a coal-tar color other than one from a batch that has been certified under the federal act.
Acts 1941, ch. 120, § 18; C. Supp. 1950, § 6580.18; T.C.A. (orig. ed.), § 52-118.
Tenn. Code Ann. § 53-10-110 — TN Code / Title 53 / Chapter 10 / Section 53-10-110
Contents of label - Damages in civil action
Status: in_force

(a) Any person dispensing a legend drug for a patient shall include on the label of the container in which the legend drug is dispensed the indication or indications for which the drug is being prescribed if requested by the prescriber, patient, or patient's caregiver and the prescriber, patient, or patient's caregiver provides the indication or indications to the person dispensing the legend drug. (b) Any person dispensing a legend drug shall not be liable in any civil action for any alleged injury resulting solely from: (1) Failing to include the indication or indications on the label when not requested to do so by the prescriber, patient or patient's caregiver; or (2) Reasonably relying upon the prescriber, patient or patient's caregiver in obtaining the indication or indications included on the label. (c) No prescriber shall be liable for damages in any civil action solely: (1) For refusing a patient or patient's caregiver's request to the prescriber that the prescriber request that the dispenser provide the indication or indications on the label of the legend drug container; (2) Alleging any cause of action for violation of the patient's privacy for complying with a patient or the patient's caregiver's request that the prescriber request that the dispenser provide the indication or indications on the label of the legend drug container; or (3) For any incorrect information placed on the label of any legend drug by the dispenser pursuant to the terms of this section unless the dispenser only relied on information provided by the prescriber. (d) This section shall not apply to prescriptions dispensed for inpatients of a hospital, a nursing home or an assisted care living facility as defined in § 68-11-201 or inpatients or residents of a mental health hospital or residential facility licensed under title 33 or individuals incarcerated in a local, state or federal correctional facility. (e) Nothing in this section shall limit in any manner the civil liability of any person guilty of willful or wanton misconduct, gross negligence, reckless conduct or criminal conduct. Acts 2008, ch. 936, § 1; 2011, ch. 166, § 1.
(a) Any person dispensing a legend drug for a patient shall include on the label of the container in which the legend drug is dispensed the indication or indications for which the drug is being prescribed if requested by the prescriber, patient, or patient's caregiver and the prescriber, patient, or patient's caregiver provides the indication or indications to the person dispensing the legend drug.
(b) Any person dispensing a legend drug shall not be liable in any civil action for any alleged injury resulting solely from: (1) Failing to include the indication or indications on the label when not requested to do so by the prescriber, patient or patient's caregiver; or (2) Reasonably relying upon the prescriber, patient or patient's caregiver in obtaining the indication or indications included on the label.
(1) Failing to include the indication or indications on the label when not requested to do so by the prescriber, patient or patient's caregiver; or
(2) Reasonably relying upon the prescriber, patient or patient's caregiver in obtaining the indication or indications included on the label.
(c) No prescriber shall be liable for damages in any civil action solely: (1) For refusing a patient or patient's caregiver's request to the prescriber that the prescriber request that the dispenser provide the indication or indications on the label of the legend drug container; (2) Alleging any cause of action for violation of the patient's privacy for complying with a patient or the patient's caregiver's request that the prescriber request that the dispenser provide the indication or indications on the label of the legend drug container; or (3) For any incorrect information placed on the label of any legend drug by the dispenser pursuant to the terms of this section unless the dispenser only relied on information provided by the prescriber.
(1) For refusing a patient or patient's caregiver's request to the prescriber that the prescriber request that the dispenser provide the indication or indications on the label of the legend drug container;
(2) Alleging any cause of action for violation of the patient's privacy for complying with a patient or the patient's caregiver's request that the prescriber request that the dispenser provide the indication or indications on the label of the legend drug container; or
(3) For any incorrect information placed on the label of any legend drug by the dispenser pursuant to the terms of this section unless the dispenser only relied on information provided by the prescriber.
(d) This section shall not apply to prescriptions dispensed for inpatients of a hospital, a nursing home or an assisted care living facility as defined in § 68-11-201 or inpatients or residents of a mental health hospital or residential facility licensed under title 33 or individuals incarcerated in a local, state or federal correctional facility.
(e) Nothing in this section shall limit in any manner the civil liability of any person guilty of willful or wanton misconduct, gross negligence, reckless conduct or criminal conduct.
Acts 2008, ch. 936, § 1; 2011, ch. 166, § 1.
Tenn. Code Ann. § 53-1-116 — TN Code / Title 53 / Chapter 1 / Section 53-1-116
Labeling of imported catfish
Status: in_force

Any food service establishment, as defined in § 68-14-302 , that sells imported catfish or imported catfish products, as defined in § 53-1-102 , shall label such catfish or catfish products as "imported" on its menus. Acts 2010, ch. 1093, § 1.
Any food service establishment, as defined in § 68-14-302 , that sells imported catfish or imported catfish products, as defined in § 53-1-102 , shall label such catfish or catfish products as "imported" on its menus.
Acts 2010, ch. 1093, § 1.