Tenn. Code Ann. § 43-14-205 — TN Code / Title 43 / Chapter 14 / Section 43-14-205
Designation of chair - Quorum - Expenses - Surety bonds - Records - Audit - Meetings
Status: in_force

(a) The commission shall designate one (1) of the non-ex officio members as its chair, and may, from time to time, change such designation. (b) A majority of the commission shall constitute a quorum, and the concurrence of a majority in any matter within their duties shall be required for its determination. (c) The chair and members of the commission shall not receive compensation for their services on the commission, but are entitled to expenses, including travel expenses, necessarily incurred in the discharge of their duties on the commission. All reimbursements for travel expenses must be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter. (d) The commission shall provide for: (1) The execution of surety bonds for all commission employees and officers entrusted with public funds or property; (2) The keeping of a full and accurate record of all proceedings and of all resolutions, rules, and orders issued or adopted by the commission; and (3) An annual audit of the accounts of receipts and disbursements. (e) All meetings of the commission are subject to title 8, chapter 44, part 1. (f) (1) The commission shall conduct at least two (2) meetings each year. However, the commission shall strive to conduct four (4) meetings each year. (2) (A) Any member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year shall be removed as a member of the commission. (B) The chair shall promptly notify, or cause to be notified, the appointing authority of any member who fails to satisfy the attendance requirement as prescribed in subdivision (f)(2)(A). Amended by 2021 Tenn. Acts, ch. 203, s 2, eff. 4/22/2021. Amended by 2016 Tenn. Acts, ch. 775, s 3, eff. 4/12/2016. Acts 1939, ch. 1194, § 4; C. Supp. 1950, § 552.4 (Williams, § 552.34); Acts 1957, ch. 158, § 1; 1976, ch. 806, § 1(80); T.C.A. (orig. ed.) § 43-1505; Acts 1986, ch. 888, § 1.
(a) The commission shall designate one (1) of the non-ex officio members as its chair, and may, from time to time, change such designation.
(b) A majority of the commission shall constitute a quorum, and the concurrence of a majority in any matter within their duties shall be required for its determination.
(c) The chair and members of the commission shall not receive compensation for their services on the commission, but are entitled to expenses, including travel expenses, necessarily incurred in the discharge of their duties on the commission. All reimbursements for travel expenses must be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(d) The commission shall provide for: (1) The execution of surety bonds for all commission employees and officers entrusted with public funds or property; (2) The keeping of a full and accurate record of all proceedings and of all resolutions, rules, and orders issued or adopted by the commission; and (3) An annual audit of the accounts of receipts and disbursements.
(1) The execution of surety bonds for all commission employees and officers entrusted with public funds or property;
(2) The keeping of a full and accurate record of all proceedings and of all resolutions, rules, and orders issued or adopted by the commission; and
(3) An annual audit of the accounts of receipts and disbursements.
(e) All meetings of the commission are subject to title 8, chapter 44, part 1.
(f) (1) The commission shall conduct at least two (2) meetings each year. However, the commission shall strive to conduct four (4) meetings each year. (2) (A) Any member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year shall be removed as a member of the commission. (B) The chair shall promptly notify, or cause to be notified, the appointing authority of any member who fails to satisfy the attendance requirement as prescribed in subdivision (f)(2)(A).
(1) The commission shall conduct at least two (2) meetings each year. However, the commission shall strive to conduct four (4) meetings each year.
(2) (A) Any member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year shall be removed as a member of the commission. (B) The chair shall promptly notify, or cause to be notified, the appointing authority of any member who fails to satisfy the attendance requirement as prescribed in subdivision (f)(2)(A).
(A) Any member who misses more than fifty percent (50%) of the scheduled meetings in a calendar year shall be removed as a member of the commission.
(B) The chair shall promptly notify, or cause to be notified, the appointing authority of any member who fails to satisfy the attendance requirement as prescribed in subdivision (f)(2)(A).
Amended by 2021 Tenn. Acts, ch. 203, s 2, eff. 4/22/2021.
Amended by 2016 Tenn. Acts, ch. 775, s 3, eff. 4/12/2016.
Acts 1939, ch. 1194, § 4; C. Supp. 1950, § 552.4 (Williams, § 552.34); Acts 1957, ch. 158, § 1; 1976, ch. 806, § 1(80); T.C.A. (orig. ed.) § 43-1505; Acts 1986, ch. 888, § 1.
Tenn. Code Ann. § 43-20-201 — TN Code / Title 43 / Chapter 20 / Section 43-20-201
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Soybean Promotion Act." Acts 1985, ch. 108, § 1.
This part shall be known and may be cited as the "Tennessee Soybean Promotion Act."
Acts 1985, ch. 108, § 1.
Tenn. Code Ann. § 43-35-104 — TN Code / Title 43 / Chapter 35 / Section 43-35-104
Effective date of compact
Status: in_force

(a) This compact shall become effective when all of the following have occurred: (1) When the governor has executed the compact on behalf of this state and has caused a verified copy of the compact to be filed with the secretary of state; (2) When the commissioner of agriculture has certified to the governor and to the general assembly that two (2) or more of the other states named in § 43-35-101 article VII, section 20 have ratified the compact in a form substantially similar to this enactment; and (3) When the consent of congress has been obtained. (b) The governor is authorized and directed to take such action as may be necessary to complete the exchange of official documents between this state and any other state ratifying this compact. Acts 1998, ch. 749, § 5.
(a) This compact shall become effective when all of the following have occurred: (1) When the governor has executed the compact on behalf of this state and has caused a verified copy of the compact to be filed with the secretary of state; (2) When the commissioner of agriculture has certified to the governor and to the general assembly that two (2) or more of the other states named in § 43-35-101 article VII, section 20 have ratified the compact in a form substantially similar to this enactment; and (3) When the consent of congress has been obtained.
(1) When the governor has executed the compact on behalf of this state and has caused a verified copy of the compact to be filed with the secretary of state;
(2) When the commissioner of agriculture has certified to the governor and to the general assembly that two (2) or more of the other states named in § 43-35-101 article VII, section 20 have ratified the compact in a form substantially similar to this enactment; and
(3) When the consent of congress has been obtained.
(b) The governor is authorized and directed to take such action as may be necessary to complete the exchange of official documents between this state and any other state ratifying this compact.
Acts 1998, ch. 749, § 5.
Tenn. Code Ann. § 43-1-107 — TN Code / Title 43 / Chapter 1 / Section 43-1-107
Annual planting and harvest seasons
Status: in_force

Except as provided in § 70-8-203 , the recognized annual planting and harvest seasons for the state extend from January 1 to December 31 of each year. Added by 2015 Tenn. Acts, ch. 135,s 1, eff. 4/17/2015.
Except as provided in § 70-8-203 , the recognized annual planting and harvest seasons for the state extend from January 1 to December 31 of each year.
Added by 2015 Tenn. Acts, ch. 135,s 1, eff. 4/17/2015.
Tenn. Code Ann. § 43-20-207 — TN Code / Title 43 / Chapter 20 / Section 43-20-207
Referendum
Status: in_force

(a) Any referendum held under this part shall be conducted statewide, under the control and direction of the commissioner. The polling place in each county shall be the offices of the University of Tennessee agricultural extension office. All ballots shall be provided at the polling places. (b) Each person seeking to vote in the referendum shall be required to sign an affidavit stating that the person is a producer as defined in § 43-20-203 . Upon signing an affidavit, the person shall be eligible to vote. Any producer that is a corporation shall have only one (1) vote. (c) The question to be decided at the first referendum shall be in the following form: "Shall the producers of soybeans assess themselves at the rate of ____________________ cents per bushel of soybeans sold, and use the funds so collected by the department of agriculture and paid over to the Tennessee soybean promotion board to finance a program of research, education, market development, marketing, advertising and other methods designed to promote the increased production, consumption, use and sale of soybeans and soybean products?" (d) The affirmative vote of a majority of the number of votes cast shall adopt the proposed assessment. (e) Within ten (10) days after the referendum, the commissioner shall canvass the votes and publicly announce the result of the referendum. (f) The expenses of referenda held under this part shall be paid by the department until an assessment is levied. Expenses of subsequent referenda shall be paid from the Tennessee soybean promotion fund. (g) No referendum pursuant to this part shall be held within one (1) year of any preceding referendum. Acts 1985, ch. 108, § 7.
(a) Any referendum held under this part shall be conducted statewide, under the control and direction of the commissioner. The polling place in each county shall be the offices of the University of Tennessee agricultural extension office. All ballots shall be provided at the polling places.
(b) Each person seeking to vote in the referendum shall be required to sign an affidavit stating that the person is a producer as defined in § 43-20-203 . Upon signing an affidavit, the person shall be eligible to vote. Any producer that is a corporation shall have only one (1) vote.
(c) The question to be decided at the first referendum shall be in the following form: "Shall the producers of soybeans assess themselves at the rate of ____________________ cents per bushel of soybeans sold, and use the funds so collected by the department of agriculture and paid over to the Tennessee soybean promotion board to finance a program of research, education, market development, marketing, advertising and other methods designed to promote the increased production, consumption, use and sale of soybeans and soybean products?"
"Shall the producers of soybeans assess themselves at the rate of ____________________ cents per bushel of soybeans sold, and use the funds so collected by the department of agriculture and paid over to the Tennessee soybean promotion board to finance a program of research, education, market development, marketing, advertising and other methods designed to promote the increased production, consumption, use and sale of soybeans and soybean products?"
(d) The affirmative vote of a majority of the number of votes cast shall adopt the proposed assessment.
(e) Within ten (10) days after the referendum, the commissioner shall canvass the votes and publicly announce the result of the referendum.
(f) The expenses of referenda held under this part shall be paid by the department until an assessment is levied. Expenses of subsequent referenda shall be paid from the Tennessee soybean promotion fund.
(g) No referendum pursuant to this part shall be held within one (1) year of any preceding referendum.
Acts 1985, ch. 108, § 7.
Tenn. Code Ann. § 43-38-105 — TN Code / Title 43 / Chapter 38 / Section 43-38-105
Name of cooperative
Status: in_force

(a) The name of a cooperative shall distinguish the cooperative upon the records in the office of the secretary of state from the name of a domestic or foreign business entity, authorized or registered to do business in this state or a name the right to which is, at the time of organization, reserved or provided for by law. (b) A cooperative may apply to the secretary of state for authorization to use a name that is not distinguishable upon the secretary of state's records from one (1) or more of the names described in subsection (a). The secretary of state shall authorize use of the indistinguishable name applied for if: (1) The other cooperative or business entity consents to the use in writing and submits an undertaking in a form satisfactory to the secretary of state to waive its reservation or change its name to a name that is distinguishable upon the records of the secretary of state from the name of the applying cooperative; (2) The applicant delivers to the secretary of state a certified copy of the final judgment of a court of competent jurisdiction establishing the applicant's right to use the name applied for in this state; or (3) The other cooperative or business entity is under common control with the cooperative, consents to the use in writing, and both the other cooperative or business entity and the applicant consent in a form satisfactory to the secretary of state to use the same registered agent. (c) A domestic cooperative may elect to adopt an assumed name that complies with the requirements of subsections (a) and (b). (1) As used in this chapter, "assumed name" means any name used by the cooperative, other than the cooperative true name, except that the following shall not constitute the use of an assumed name: (A) The identification by a cooperative of its business with a trademark or service mark of which it is the owner or licensed user; and (B) The use of a name of a division, not separately organized; provided, that the cooperative also clearly discloses its name. (2) Before transacting any business in this state under an assumed name or names, the cooperative shall, for each assumed name, pursuant to resolution by its board of directors, execute and file in accordance with §§ 43-38-1101 and 43-38-1103 , an application setting forth: (A) The true cooperative name; (B) The state or country under the laws of which it is organized; (C) That it intends to transact business under an assumed name; and (D) The assumed name that it proposes to use. (3) The right to use an assumed name shall be effective for five (5) years from the date of filing by the secretary of state. A cooperative may reserve or use no more than five (5) assumed names during the same period. (4) A cooperative shall renew the right to use its assumed name or names, if any, within the two (2) months preceding the expiration of such right, for a period of five (5) years, by filing an application to renew each assumed name and paying the renewal fee as prescribed by § 43-38-1103(a) . (d) Any domestic cooperative may, pursuant to resolution by its governing body, change or cancel any or all of its assumed names by executing and filing, in accordance with §§ 43-38-1101 and 43-38-1103 , an application setting forth: (1) The true cooperative name; (2) The state or country under the laws of which it is organized; (3) That it intends to cease transacting business under an assumed name by changing or canceling it; (4) The assumed name to be changed from or cancelled; and (5) If the assumed name is to be changed, the assumed cooperative name that the cooperative proposes to use. (e) Upon the filing of an application to change an assumed name, the cooperative shall have the right to use such assumed name for the period authorized by subsection (b). (f) The right to a domestic cooperative to use an assumed name shall be cancelled by the secretary of state if: (1) The cooperative fails to renew an assumed name; (2) The cooperative has filed an application to change or cancel an assumed name; or (3) A domestic cooperative has been dissolved. (g) Nothing in this section or in § 43-38-106 shall abrogate or limit the law as to unfair competition or unfair trade practice, or derogate from the common law, the principles of equity, or the statutes of this state or of the United States with respect to the right to acquire and protect trade names and trademarks. Acts 2004, ch. 534, § 7.
(a) The name of a cooperative shall distinguish the cooperative upon the records in the office of the secretary of state from the name of a domestic or foreign business entity, authorized or registered to do business in this state or a name the right to which is, at the time of organization, reserved or provided for by law.
(b) A cooperative may apply to the secretary of state for authorization to use a name that is not distinguishable upon the secretary of state's records from one (1) or more of the names described in subsection (a). The secretary of state shall authorize use of the indistinguishable name applied for if: (1) The other cooperative or business entity consents to the use in writing and submits an undertaking in a form satisfactory to the secretary of state to waive its reservation or change its name to a name that is distinguishable upon the records of the secretary of state from the name of the applying cooperative; (2) The applicant delivers to the secretary of state a certified copy of the final judgment of a court of competent jurisdiction establishing the applicant's right to use the name applied for in this state; or (3) The other cooperative or business entity is under common control with the cooperative, consents to the use in writing, and both the other cooperative or business entity and the applicant consent in a form satisfactory to the secretary of state to use the same registered agent.
(1) The other cooperative or business entity consents to the use in writing and submits an undertaking in a form satisfactory to the secretary of state to waive its reservation or change its name to a name that is distinguishable upon the records of the secretary of state from the name of the applying cooperative;
(2) The applicant delivers to the secretary of state a certified copy of the final judgment of a court of competent jurisdiction establishing the applicant's right to use the name applied for in this state; or
(3) The other cooperative or business entity is under common control with the cooperative, consents to the use in writing, and both the other cooperative or business entity and the applicant consent in a form satisfactory to the secretary of state to use the same registered agent.
(c) A domestic cooperative may elect to adopt an assumed name that complies with the requirements of subsections (a) and (b). (1) As used in this chapter, "assumed name" means any name used by the cooperative, other than the cooperative true name, except that the following shall not constitute the use of an assumed name: (A) The identification by a cooperative of its business with a trademark or service mark of which it is the owner or licensed user; and (B) The use of a name of a division, not separately organized; provided, that the cooperative also clearly discloses its name. (2) Before transacting any business in this state under an assumed name or names, the cooperative shall, for each assumed name, pursuant to resolution by its board of directors, execute and file in accordance with §§ 43-38-1101 and 43-38-1103 , an application setting forth: (A) The true cooperative name; (B) The state or country under the laws of which it is organized; (C) That it intends to transact business under an assumed name; and (D) The assumed name that it proposes to use. (3) The right to use an assumed name shall be effective for five (5) years from the date of filing by the secretary of state. A cooperative may reserve or use no more than five (5) assumed names during the same period. (4) A cooperative shall renew the right to use its assumed name or names, if any, within the two (2) months preceding the expiration of such right, for a period of five (5) years, by filing an application to renew each assumed name and paying the renewal fee as prescribed by § 43-38-1103(a) .
(1) As used in this chapter, "assumed name" means any name used by the cooperative, other than the cooperative true name, except that the following shall not constitute the use of an assumed name: (A) The identification by a cooperative of its business with a trademark or service mark of which it is the owner or licensed user; and (B) The use of a name of a division, not separately organized; provided, that the cooperative also clearly discloses its name.
(A) The identification by a cooperative of its business with a trademark or service mark of which it is the owner or licensed user; and
(B) The use of a name of a division, not separately organized; provided, that the cooperative also clearly discloses its name.
(2) Before transacting any business in this state under an assumed name or names, the cooperative shall, for each assumed name, pursuant to resolution by its board of directors, execute and file in accordance with §§ 43-38-1101 and 43-38-1103 , an application setting forth: (A) The true cooperative name; (B) The state or country under the laws of which it is organized; (C) That it intends to transact business under an assumed name; and (D) The assumed name that it proposes to use.
(A) The true cooperative name;
(B) The state or country under the laws of which it is organized;
(C) That it intends to transact business under an assumed name; and
(D) The assumed name that it proposes to use.
(3) The right to use an assumed name shall be effective for five (5) years from the date of filing by the secretary of state. A cooperative may reserve or use no more than five (5) assumed names during the same period.
(4) A cooperative shall renew the right to use its assumed name or names, if any, within the two (2) months preceding the expiration of such right, for a period of five (5) years, by filing an application to renew each assumed name and paying the renewal fee as prescribed by § 43-38-1103(a) .
(d) Any domestic cooperative may, pursuant to resolution by its governing body, change or cancel any or all of its assumed names by executing and filing, in accordance with §§ 43-38-1101 and 43-38-1103 , an application setting forth: (1) The true cooperative name; (2) The state or country under the laws of which it is organized; (3) That it intends to cease transacting business under an assumed name by changing or canceling it; (4) The assumed name to be changed from or cancelled; and (5) If the assumed name is to be changed, the assumed cooperative name that the cooperative proposes to use.
(1) The true cooperative name;
(2) The state or country under the laws of which it is organized;
(3) That it intends to cease transacting business under an assumed name by changing or canceling it;
(4) The assumed name to be changed from or cancelled; and
(5) If the assumed name is to be changed, the assumed cooperative name that the cooperative proposes to use.
(e) Upon the filing of an application to change an assumed name, the cooperative shall have the right to use such assumed name for the period authorized by subsection (b).
(f) The right to a domestic cooperative to use an assumed name shall be cancelled by the secretary of state if: (1) The cooperative fails to renew an assumed name; (2) The cooperative has filed an application to change or cancel an assumed name; or (3) A domestic cooperative has been dissolved.
(1) The cooperative fails to renew an assumed name;
(2) The cooperative has filed an application to change or cancel an assumed name; or
(3) A domestic cooperative has been dissolved.
(g) Nothing in this section or in § 43-38-106 shall abrogate or limit the law as to unfair competition or unfair trade practice, or derogate from the common law, the principles of equity, or the statutes of this state or of the United States with respect to the right to acquire and protect trade names and trademarks.
Acts 2004, ch. 534, § 7.
Tenn. Code Ann. § 43-27-209 — TN Code / Title 43 / Chapter 27 / Section 43-27-209
Safety requirements for hemp-derived cannabinoid products - Proper storage by consumer - Prohibited advertising
Status: in_force

(a) A product containing a hemp-derived cannabinoid that is sold at retail must: (1) Satisfy the child-resistant effectiveness standards under 16 CFR 1700.15(b)(1) when tested in accordance with the requirements of 16 CFR 1700.20 ; and (2) Be labeled with: (A) A list of ingredients and possible allergens and a nutritional fact panel; (B) A warning statement concerning the risk of impairment from consumption of the product, keeping the product out of the reach of children, and other warning information as required by rule of the department of agriculture; (C) If the product is ingestible, the amount of cannabinoid in each serving of the product, measured in milligrams; (D) The total amount of hemp-derived cannabinoid in the entire package, measured in milligrams; (E) The net weight of the product; (F) A quick response (QR) code that can be scanned to access a website providing the product's batch number, date received, date of completion, method of analysis for the testing report required under § 43-27-207 , including information regarding results of the product's full-panel and potency tests conducted pursuant to § 43-27-207(a) ; and (G) An expiration date. (b) A person who obtains a product containing a hemp-derived cannabinoid that is sold at retail shall store any unconsumed portion of the product in its original packaging. It is a Class C misdemeanor offense for a person to violate this subsection (b). (c) A retailer or supplier of a product containing a hemp-derived cannabinoid shall not advertise, market, or offer for sale a product containing a hemp-derived cannabinoid by using, in the labeling or design of the product or product packaging or in advertising or marketing materials for the product trade dress, trademarks, branding, or other related imagery or scenery that depicts or signifies characters or symbols known to appeal primarily to persons under twenty-one (21) years of age, including, but not limited to, superheroes, comic book characters, video game characters, television show characters, movie characters, and unicorns or other mythical creatures. (d) An ingestible product containing a hemp-derived cannabinoid shall not: (1) Be sold in a serving that contains more than twenty-five (25) milligrams, in the aggregate, of one (1) or more hemp-derived cannabinoids; or (2) Be formed into the shape of an animal or cartoon character. (e) The department of agriculture is authorized to promulgate rules for the packaging, labeling, and display of products containing a hemp-derived cannabinoid that are offered for sale in this state. Added by 2023 Tenn. Acts, ch. 423, s 1, eff. 7/1/2024.
(a) A product containing a hemp-derived cannabinoid that is sold at retail must: (1) Satisfy the child-resistant effectiveness standards under 16 CFR 1700.15(b)(1) when tested in accordance with the requirements of 16 CFR 1700.20 ; and (2) Be labeled with: (A) A list of ingredients and possible allergens and a nutritional fact panel; (B) A warning statement concerning the risk of impairment from consumption of the product, keeping the product out of the reach of children, and other warning information as required by rule of the department of agriculture; (C) If the product is ingestible, the amount of cannabinoid in each serving of the product, measured in milligrams; (D) The total amount of hemp-derived cannabinoid in the entire package, measured in milligrams; (E) The net weight of the product; (F) A quick response (QR) code that can be scanned to access a website providing the product's batch number, date received, date of completion, method of analysis for the testing report required under § 43-27-207 , including information regarding results of the product's full-panel and potency tests conducted pursuant to § 43-27-207(a) ; and (G) An expiration date.
(1) Satisfy the child-resistant effectiveness standards under 16 CFR 1700.15(b)(1) when tested in accordance with the requirements of 16 CFR 1700.20 ; and
(2) Be labeled with: (A) A list of ingredients and possible allergens and a nutritional fact panel; (B) A warning statement concerning the risk of impairment from consumption of the product, keeping the product out of the reach of children, and other warning information as required by rule of the department of agriculture; (C) If the product is ingestible, the amount of cannabinoid in each serving of the product, measured in milligrams; (D) The total amount of hemp-derived cannabinoid in the entire package, measured in milligrams; (E) The net weight of the product; (F) A quick response (QR) code that can be scanned to access a website providing the product's batch number, date received, date of completion, method of analysis for the testing report required under § 43-27-207 , including information regarding results of the product's full-panel and potency tests conducted pursuant to § 43-27-207(a) ; and (G) An expiration date.
(A) A list of ingredients and possible allergens and a nutritional fact panel;
(B) A warning statement concerning the risk of impairment from consumption of the product, keeping the product out of the reach of children, and other warning information as required by rule of the department of agriculture;
(C) If the product is ingestible, the amount of cannabinoid in each serving of the product, measured in milligrams;
(D) The total amount of hemp-derived cannabinoid in the entire package, measured in milligrams;
(E) The net weight of the product;
(F) A quick response (QR) code that can be scanned to access a website providing the product's batch number, date received, date of completion, method of analysis for the testing report required under § 43-27-207 , including information regarding results of the product's full-panel and potency tests conducted pursuant to § 43-27-207(a) ; and
(G) An expiration date.
(b) A person who obtains a product containing a hemp-derived cannabinoid that is sold at retail shall store any unconsumed portion of the product in its original packaging. It is a Class C misdemeanor offense for a person to violate this subsection (b).
(c) A retailer or supplier of a product containing a hemp-derived cannabinoid shall not advertise, market, or offer for sale a product containing a hemp-derived cannabinoid by using, in the labeling or design of the product or product packaging or in advertising or marketing materials for the product trade dress, trademarks, branding, or other related imagery or scenery that depicts or signifies characters or symbols known to appeal primarily to persons under twenty-one (21) years of age, including, but not limited to, superheroes, comic book characters, video game characters, television show characters, movie characters, and unicorns or other mythical creatures.
(d) An ingestible product containing a hemp-derived cannabinoid shall not: (1) Be sold in a serving that contains more than twenty-five (25) milligrams, in the aggregate, of one (1) or more hemp-derived cannabinoids; or (2) Be formed into the shape of an animal or cartoon character.
(1) Be sold in a serving that contains more than twenty-five (25) milligrams, in the aggregate, of one (1) or more hemp-derived cannabinoids; or
(2) Be formed into the shape of an animal or cartoon character.
(e) The department of agriculture is authorized to promulgate rules for the packaging, labeling, and display of products containing a hemp-derived cannabinoid that are offered for sale in this state.
Added by 2023 Tenn. Acts, ch. 423, s 1, eff. 7/1/2024.
Tenn. Code Ann. § 43-11-403 — TN Code / Title 43 / Chapter 11 / Section 43-11-403
Labeling and identification
Status: in_force

(a) Agricultural liming materials sold, offered or exposed for sale in the state shall have affixed to each package in a conspicuous manner on the outside thereof, a plainly printed, stamped or otherwise marked label, tag or statement, or in the case of bulk sales, a delivery slip, setting forth at least the following information: (1) The name and principal office address of the manufacturer or distributor; (2) The brand or trade name of the material; (3) The identification of the product as to the type of the agricultural liming material; (4) The net weight of the agricultural liming material; (5) The minimum percentage of calcium oxide and magnesium oxide and/or calcium carbonate and magnesium carbonate; (6) Calcium carbonate equivalent as determined by methods prescribed by the Association of Official Analytical Chemists. Minimum calcium carbonate equivalents will be as prescribed by regulation; (7) The minimum percent by weight passing through United States standard sieves as prescribed by regulations; and (8) The minimum guaranteed content of available potassium (expressed as soluble Potash, K 2 O) or phosphorous (expressed as phosphoric acid, P 2 O 5 ) if claimed. (b) No information or statement shall appear on any package, label, delivery slip or advertising matter that is false or misleading to the purchaser as to the quality, analysis, type or composition of the agricultural liming material. (c) In the case of any material that has been adulterated subsequent to packaging, labeling or loading thereof and before delivery to the consumer, a plainly marked notice to that effect shall be affixed by the vendor to the package or delivery slip to identify the kind and degree of such adulteration. (d) At every site from which agricultural liming materials are delivered in bulk and at every place where consumer orders for bulk deliveries are placed, there shall be conspicuously posted a copy of the statement required by this section for each brand of material. (e) When the commissioner finds, after public hearing following due notice, that the requirement for expressing the calcium and magnesium in elemental form would not impose an economic hardship on distributors and users of agricultural liming materials by reason of conflicting label requirements among the states, the commissioner may require by regulation thereafter that the minimum percentage of calcium oxide and magnesium oxide and/or calcium carbonate and magnesium carbonate shall be expressed in the following form: Total calcium (Ca) .................... ____________________ percent Total magnesium (Mg) .................... ____________________ percent provided, that the effective date of such regulation shall be not less than six (6) months following the issuance of the regulation; and provided further, that for a period of two (2) years following the effective date of the regulation, the equivalent of calcium and magnesium may also be shown in the form of calcium oxide and magnesium oxide and/or calcium carbonate and magnesium carbonate. Acts 1989, ch. 7, § 4.
(a) Agricultural liming materials sold, offered or exposed for sale in the state shall have affixed to each package in a conspicuous manner on the outside thereof, a plainly printed, stamped or otherwise marked label, tag or statement, or in the case of bulk sales, a delivery slip, setting forth at least the following information: (1) The name and principal office address of the manufacturer or distributor; (2) The brand or trade name of the material; (3) The identification of the product as to the type of the agricultural liming material; (4) The net weight of the agricultural liming material; (5) The minimum percentage of calcium oxide and magnesium oxide and/or calcium carbonate and magnesium carbonate; (6) Calcium carbonate equivalent as determined by methods prescribed by the Association of Official Analytical Chemists. Minimum calcium carbonate equivalents will be as prescribed by regulation; (7) The minimum percent by weight passing through United States standard sieves as prescribed by regulations; and (8) The minimum guaranteed content of available potassium (expressed as soluble Potash, K 2 O) or phosphorous (expressed as phosphoric acid, P 2 O 5 ) if claimed.
(1) The name and principal office address of the manufacturer or distributor;
(2) The brand or trade name of the material;
(3) The identification of the product as to the type of the agricultural liming material;
(4) The net weight of the agricultural liming material;
(5) The minimum percentage of calcium oxide and magnesium oxide and/or calcium carbonate and magnesium carbonate;
(6) Calcium carbonate equivalent as determined by methods prescribed by the Association of Official Analytical Chemists. Minimum calcium carbonate equivalents will be as prescribed by regulation;
(7) The minimum percent by weight passing through United States standard sieves as prescribed by regulations; and
(8) The minimum guaranteed content of available potassium (expressed as soluble Potash, K 2 O) or phosphorous (expressed as phosphoric acid, P 2 O 5 ) if claimed.
(b) No information or statement shall appear on any package, label, delivery slip or advertising matter that is false or misleading to the purchaser as to the quality, analysis, type or composition of the agricultural liming material.
(c) In the case of any material that has been adulterated subsequent to packaging, labeling or loading thereof and before delivery to the consumer, a plainly marked notice to that effect shall be affixed by the vendor to the package or delivery slip to identify the kind and degree of such adulteration.
(d) At every site from which agricultural liming materials are delivered in bulk and at every place where consumer orders for bulk deliveries are placed, there shall be conspicuously posted a copy of the statement required by this section for each brand of material.
(e) When the commissioner finds, after public hearing following due notice, that the requirement for expressing the calcium and magnesium in elemental form would not impose an economic hardship on distributors and users of agricultural liming materials by reason of conflicting label requirements among the states, the commissioner may require by regulation thereafter that the minimum percentage of calcium oxide and magnesium oxide and/or calcium carbonate and magnesium carbonate shall be expressed in the following form: Total calcium (Ca) .................... ____________________ percent Total magnesium (Mg) .................... ____________________ percent provided, that the effective date of such regulation shall be not less than six (6) months following the issuance of the regulation; and provided further, that for a period of two (2) years following the effective date of the regulation, the equivalent of calcium and magnesium may also be shown in the form of calcium oxide and magnesium oxide and/or calcium carbonate and magnesium carbonate.
Total calcium (Ca) .................... ____________________ percent
Total magnesium (Mg) .................... ____________________ percent
provided, that the effective date of such regulation shall be not less than six (6) months following the issuance of the regulation; and provided further, that for a period of two (2) years following the effective date of the regulation, the equivalent of calcium and magnesium may also be shown in the form of calcium oxide and magnesium oxide and/or calcium carbonate and magnesium carbonate.
Acts 1989, ch. 7, § 4.
Tenn. Code Ann. § 43-16-102 — TN Code / Title 43 / Chapter 16 / Section 43-16-102
Purpose of chapter
Status: in_force

This chapter is enacted in order to promote, foster, and encourage the intelligent and orderly marketing of agricultural products and other products of the soil, through cooperation; to eliminate speculation and waste; to make the distribution of agricultural products between producer and consumer as direct as can be efficiently done; to stabilize the marketing of agricultural products; and to provide for the organization and incorporation of cooperative marketing associations for the marketing of such products. Acts 1923, ch. 100, § 1; Shan. Supp., § 2534a26; Code 1932, §3784; T.C.A. (orig. ed.), § 43-1802.
This chapter is enacted in order to promote, foster, and encourage the intelligent and orderly marketing of agricultural products and other products of the soil, through cooperation; to eliminate speculation and waste; to make the distribution of agricultural products between producer and consumer as direct as can be efficiently done; to stabilize the marketing of agricultural products; and to provide for the organization and incorporation of cooperative marketing associations for the marketing of such products.
Acts 1923, ch. 100, § 1; Shan. Supp., § 2534a26; Code 1932, §3784; T.C.A. (orig. ed.), § 43-1802.
Tenn. Code Ann. § 43-6-304 — TN Code / Title 43 / Chapter 6 / Section 43-6-304
[Repealed]
Status: repealed

Repealed by 2014 Tenn. Acts, ch. 509, s 2, eff. 3/6/2014. Acts 1969, ch. 81, § 4; T.C.A., §§ 43-2804, 43-7-104.
Repealed by 2014 Tenn. Acts, ch. 509, s 2, eff. 3/6/2014.
Acts 1969, ch. 81, § 4; T.C.A., §§ 43-2804, 43-7-104.
Tenn. Code Ann. § 43-38-1101 — TN Code / Title 43 / Chapter 38 / Section 43-38-1101
Filing requirements
Status: in_force

(a) The form and filing of a document must satisfy the requirements of this section, and of all other applicable sections or rules that add to these requirements, to be entitled to filing by the secretary of state. (b) This chapter must require or permit filing the document in the office of the secretary of state. (c) The document must contain the information required by this chapter and any applicable rules. It may contain other information as well. (d) The document must be capable of being printed in ink in a clear and legible fashion on one (1) side of letter size paper. (e) The document must be in the English language. A cooperative's or other business entity's name need not be in English, if written in English letters, or Arabic or Roman numerals. (f) The document must be executed: (1) By the president of the board of directors of a cooperative, or by another of its authorized officers, if a cooperative action is taken; (2) If directors of a cooperative have not been selected or the cooperative has not been formed, by an organizer; or (3) If the business entity is in the hands of a receiver, trustee, or other court-appointed fiduciary, by that fiduciary. (g) The person executing the document must sign it and state beneath or opposite the signature the person's name and the capacity in which the person signs. The document may, but need not, contain: (1) An attestation by the secretary or an assistant secretary; (2) An acknowledgment, verification, or proof; or (3) The date the document is signed, except that the date is required for the annual report for the secretary of state. (h) If the secretary of state, pursuant to statutory authority, has prescribed a mandatory form for the document, then the document must be in or on the prescribed form. (i) The document must be delivered to the office of the secretary of state for filing and must be accompanied by the current filing fee, and any tax, license fee, interest, or penalty required by this chapter. If the secretary of state has prescribed a mandatory method of filing, then the document must be filed in the prescribed manner. (j) The document must contain a statement that makes it clear that the document is being filed pursuant to the Tennessee Processing Cooperative Law. (k) The secretary of state may promulgate appropriate rules establishing acceptable methods for execution of any document to be filed with the secretary of state. (l) Notwithstanding any other law to the contrary, whenever this title requires that an application or other document submitted to the secretary of state for filing be accompanied by a certificate from the commissioner of revenue reciting that the business has properly filed all reports and paid all required taxes and penalties, the certificate requirement is met, and a paper certificate need not accompany the application or other document, if the commissioner provides to the secretary of state electronic verification of the required information. Upon request of the person seeking certificate information, the commissioner shall provide to the secretary of state verification in lieu of a paper certificate. (m) Any Tennessee cooperative that has not timely filed with the department of revenue such information as required by the commissioner of revenue under prior law is subject to administrative dissolution in accordance with the procedures specified in § 43-38-1004 . Upon certification by the commissioner that it has complied with the information reporting requirements that were required under prior law, a cooperative that has been administratively dissolved or that has had its certificate of authority revoked for failure to timely file this information may be reinstated. Amended by 2020 Tenn. Acts, ch. 719, s 1, eff. 6/22/2020. Acts 2004, ch. 534, § 33.
(a) The form and filing of a document must satisfy the requirements of this section, and of all other applicable sections or rules that add to these requirements, to be entitled to filing by the secretary of state.
(b) This chapter must require or permit filing the document in the office of the secretary of state.
(c) The document must contain the information required by this chapter and any applicable rules. It may contain other information as well.
(d) The document must be capable of being printed in ink in a clear and legible fashion on one (1) side of letter size paper.
(e) The document must be in the English language. A cooperative's or other business entity's name need not be in English, if written in English letters, or Arabic or Roman numerals.
(f) The document must be executed: (1) By the president of the board of directors of a cooperative, or by another of its authorized officers, if a cooperative action is taken; (2) If directors of a cooperative have not been selected or the cooperative has not been formed, by an organizer; or (3) If the business entity is in the hands of a receiver, trustee, or other court-appointed fiduciary, by that fiduciary.
(1) By the president of the board of directors of a cooperative, or by another of its authorized officers, if a cooperative action is taken;
(2) If directors of a cooperative have not been selected or the cooperative has not been formed, by an organizer; or
(3) If the business entity is in the hands of a receiver, trustee, or other court-appointed fiduciary, by that fiduciary.
(g) The person executing the document must sign it and state beneath or opposite the signature the person's name and the capacity in which the person signs. The document may, but need not, contain: (1) An attestation by the secretary or an assistant secretary; (2) An acknowledgment, verification, or proof; or (3) The date the document is signed, except that the date is required for the annual report for the secretary of state.
(1) An attestation by the secretary or an assistant secretary;
(2) An acknowledgment, verification, or proof; or
(3) The date the document is signed, except that the date is required for the annual report for the secretary of state.
(h) If the secretary of state, pursuant to statutory authority, has prescribed a mandatory form for the document, then the document must be in or on the prescribed form.
(i) The document must be delivered to the office of the secretary of state for filing and must be accompanied by the current filing fee, and any tax, license fee, interest, or penalty required by this chapter. If the secretary of state has prescribed a mandatory method of filing, then the document must be filed in the prescribed manner.
(j) The document must contain a statement that makes it clear that the document is being filed pursuant to the Tennessee Processing Cooperative Law.
(k) The secretary of state may promulgate appropriate rules establishing acceptable methods for execution of any document to be filed with the secretary of state.
(l) Notwithstanding any other law to the contrary, whenever this title requires that an application or other document submitted to the secretary of state for filing be accompanied by a certificate from the commissioner of revenue reciting that the business has properly filed all reports and paid all required taxes and penalties, the certificate requirement is met, and a paper certificate need not accompany the application or other document, if the commissioner provides to the secretary of state electronic verification of the required information. Upon request of the person seeking certificate information, the commissioner shall provide to the secretary of state verification in lieu of a paper certificate.
(m) Any Tennessee cooperative that has not timely filed with the department of revenue such information as required by the commissioner of revenue under prior law is subject to administrative dissolution in accordance with the procedures specified in § 43-38-1004 . Upon certification by the commissioner that it has complied with the information reporting requirements that were required under prior law, a cooperative that has been administratively dissolved or that has had its certificate of authority revoked for failure to timely file this information may be reinstated.
Amended by 2020 Tenn. Acts, ch. 719, s 1, eff. 6/22/2020.
Acts 2004, ch. 534, § 33.
Tenn. Code Ann. § 43-11-112 — TN Code / Title 43 / Chapter 11 / Section 43-11-112
Misbranded fertilizer - Distribution prohibited
Status: in_force

Commercial fertilizer is misbranded if it carries a false or misleading statement on the container, on the label attached to the container, or if false or misleading statements concerning the fertilizer are disseminated in any manner or by any means. It is unlawful to distribute a misbranded fertilizer. Acts 1969, ch. 102, § 12; T.C.A., § 43-1132.
Commercial fertilizer is misbranded if it carries a false or misleading statement on the container, on the label attached to the container, or if false or misleading statements concerning the fertilizer are disseminated in any manner or by any means. It is unlawful to distribute a misbranded fertilizer.
Acts 1969, ch. 102, § 12; T.C.A., § 43-1132.
Tenn. Code Ann. § 43-29-107 — TN Code / Title 43 / Chapter 29 / Section 43-29-107
Review of application - Date of referendum and assessment - Notice of referendum and assessment
Status: in_force

Within thirty (30) days of receipt of an application requesting a referendum, the commissioner shall make a determination of whether or not the petitioner is a qualified producer organization and, upon the determination, shall set a date for the referendum, which shall not be more than sixty (60) days after receipt of the application, and shall publish by any reasonable means, the date of the referendum, the polling places and the hours they will be open, the amount of the proposed assessment, and the date the assessment shall begin, if adopted. Acts 1985, ch. 188, § 7.
Within thirty (30) days of receipt of an application requesting a referendum, the commissioner shall make a determination of whether or not the petitioner is a qualified producer organization and, upon the determination, shall set a date for the referendum, which shall not be more than sixty (60) days after receipt of the application, and shall publish by any reasonable means, the date of the referendum, the polling places and the hours they will be open, the amount of the proposed assessment, and the date the assessment shall begin, if adopted.
Acts 1985, ch. 188, § 7.
Tenn. Code Ann. § 43-29-114 — TN Code / Title 43 / Chapter 29 / Section 43-29-114
Promotion boards - Meetings - Organization - Duties
Status: in_force

Members of each board shall meet and organize within thirty (30) days of their appointment and shall elect a chair, a vice chair and a secretary-treasurer from the membership of the board, each to serve for a one-year term. The duties and responsibilities of the board shall be prescribed by the commissioner to the extent applicable and shall include the following: (1) Developing and recommending to the commissioner administrative rules and procedures relating to the assessments; (2) Preparing and effectuating the estimated budget required for the proper operation of the board; (3) Developing methods for assessing producers and methods for collecting the necessary funds; (4) Collecting and assembling information necessary for the proper administration of the assessment program; and (5) Performing any other duties necessary to the operation of the promotion program in coordination with the commissioner. Acts 1985, ch. 188, § 14.
Members of each board shall meet and organize within thirty (30) days of their appointment and shall elect a chair, a vice chair and a secretary-treasurer from the membership of the board, each to serve for a one-year term. The duties and responsibilities of the board shall be prescribed by the commissioner to the extent applicable and shall include the following:
(1) Developing and recommending to the commissioner administrative rules and procedures relating to the assessments;
(2) Preparing and effectuating the estimated budget required for the proper operation of the board;
(3) Developing methods for assessing producers and methods for collecting the necessary funds;
(4) Collecting and assembling information necessary for the proper administration of the assessment program; and
(5) Performing any other duties necessary to the operation of the promotion program in coordination with the commissioner.
Acts 1985, ch. 188, § 14.
Tenn. Code Ann. § 43-20-206 — TN Code / Title 43 / Chapter 20 / Section 43-20-206
Date of referendum - Notice
Status: in_force

Within thirty (30) days of receipt of an application requesting a referendum, the commissioner shall set a date for the referendum, which shall not be more than sixty (60) days after receipt of the application, and shall publish by newspaper, the date of the referendum, the polling places and the hours they will be open, the amount of the proposed assessment, and the date the assessment shall begin, if adopted. Acts 1985, ch. 108, § 6.
Within thirty (30) days of receipt of an application requesting a referendum, the commissioner shall set a date for the referendum, which shall not be more than sixty (60) days after receipt of the application, and shall publish by newspaper, the date of the referendum, the polling places and the hours they will be open, the amount of the proposed assessment, and the date the assessment shall begin, if adopted.
Acts 1985, ch. 108, § 6.
Tenn. Code Ann. § 43-27-202 — TN Code / Title 43 / Chapter 27 / Section 43-27-202
Part definitions
Status: in_force

As used in this part, unless the context otherwise requires: (1) "Batch" means a single stock keeping unit with common cannabinoid input or a hemp flower of the same varietal and harvested on the same date and manufactured during a defined cycle in such a way that it could be expected to be of a uniform character and should be designated as such; (2) "Hemp-derived cannabinoid": (A) Means: (i) A cannabinoid other than delta-9 tetrahydrocannabinol, or an isomer derived from such cannabinoid, that is derived from hemp in a concentration of more than one-tenth of one percent (0.1%); or (ii) A hemp-derived product containing delta-9 tetrahydrocannabinol in a concentration of three-tenths of one percent (0.3%) or less on a dry weight basis; (B) Includes, but is not limited to: (i) Delta-8 tetrahydrocannabinol; (ii) Delta-10 tetrahydrocannabinol; (iii) Hexahydrocannabinol; (iv) Tetrahydrocannabiphorol (THCp); (v) Tetrahydrocannabivarin (THCv); and (vi) Tetrahydrocannabinolic acid (THCa); and (C) Does not include: (i) Cannabichromene (CBC/CBCa/CBCv); (ii) Cannabicitran (CBT/CBTa); (iii) Cannabicyclol (CBL/CBLa); (iv) Cannabidiol (CBD/CBDa/CBDv/CBDp); (v) Cannabielsoin (CBE/CBEa); (vi) Cannabigerol (CBG/CBGa/CBGv/CBGm); (vii) Cannabinol (CBN/CBNa); (viii) Cannabivarin (CBV/CBVa); (ix) Hemp-derived feed products allowed under title 44, chapter 6; (x) Hemp-derived fiber, grain, or topical products; or (xi) A substance that is categorized as a Schedule I controlled substance on or after July 1, 2023, including a substance that may be identified in subdivision (2)(B); (3) "Manufacture" means to compound, blend, extract, infuse, cook, or otherwise make or prepare products containing a hemp-derived cannabinoid, including the processes of extraction, infusion, packaging, repackaging, labeling, and relabeling of products containing a hemp-derived cannabinoid; (4) "Proof of age" means a valid driver license or other government-issued identification card that contains a photograph of the person and confirms the person's age as twenty-one (21) years of age or older; (5) "Retailer" means a person or entity that sells products containing a hemp-derived cannabinoid for consumption and not for resale; (6) "Serving" means a quantity of a hemp-derived cannabinoid product reasonably suitable for a single person's daily use; and (7) "Supplier" means a person or entity that manufactures hemp-derived cannabinoids or sells products containing hemp-derived cannabinoids to retailers. Added by 2023 Tenn. Acts, ch. 423, s 1, eff. 7/1/2023.
As used in this part, unless the context otherwise requires:
(1) "Batch" means a single stock keeping unit with common cannabinoid input or a hemp flower of the same varietal and harvested on the same date and manufactured during a defined cycle in such a way that it could be expected to be of a uniform character and should be designated as such;
(2) "Hemp-derived cannabinoid": (A) Means: (i) A cannabinoid other than delta-9 tetrahydrocannabinol, or an isomer derived from such cannabinoid, that is derived from hemp in a concentration of more than one-tenth of one percent (0.1%); or (ii) A hemp-derived product containing delta-9 tetrahydrocannabinol in a concentration of three-tenths of one percent (0.3%) or less on a dry weight basis; (B) Includes, but is not limited to: (i) Delta-8 tetrahydrocannabinol; (ii) Delta-10 tetrahydrocannabinol; (iii) Hexahydrocannabinol; (iv) Tetrahydrocannabiphorol (THCp); (v) Tetrahydrocannabivarin (THCv); and (vi) Tetrahydrocannabinolic acid (THCa); and (C) Does not include: (i) Cannabichromene (CBC/CBCa/CBCv); (ii) Cannabicitran (CBT/CBTa); (iii) Cannabicyclol (CBL/CBLa); (iv) Cannabidiol (CBD/CBDa/CBDv/CBDp); (v) Cannabielsoin (CBE/CBEa); (vi) Cannabigerol (CBG/CBGa/CBGv/CBGm); (vii) Cannabinol (CBN/CBNa); (viii) Cannabivarin (CBV/CBVa); (ix) Hemp-derived feed products allowed under title 44, chapter 6; (x) Hemp-derived fiber, grain, or topical products; or (xi) A substance that is categorized as a Schedule I controlled substance on or after July 1, 2023, including a substance that may be identified in subdivision (2)(B);
(A) Means: (i) A cannabinoid other than delta-9 tetrahydrocannabinol, or an isomer derived from such cannabinoid, that is derived from hemp in a concentration of more than one-tenth of one percent (0.1%); or (ii) A hemp-derived product containing delta-9 tetrahydrocannabinol in a concentration of three-tenths of one percent (0.3%) or less on a dry weight basis;
(i) A cannabinoid other than delta-9 tetrahydrocannabinol, or an isomer derived from such cannabinoid, that is derived from hemp in a concentration of more than one-tenth of one percent (0.1%); or
(ii) A hemp-derived product containing delta-9 tetrahydrocannabinol in a concentration of three-tenths of one percent (0.3%) or less on a dry weight basis;
(B) Includes, but is not limited to: (i) Delta-8 tetrahydrocannabinol; (ii) Delta-10 tetrahydrocannabinol; (iii) Hexahydrocannabinol; (iv) Tetrahydrocannabiphorol (THCp); (v) Tetrahydrocannabivarin (THCv); and (vi) Tetrahydrocannabinolic acid (THCa); and
(i) Delta-8 tetrahydrocannabinol;
(ii) Delta-10 tetrahydrocannabinol;
(iii) Hexahydrocannabinol;
(iv) Tetrahydrocannabiphorol (THCp);
(v) Tetrahydrocannabivarin (THCv); and
(vi) Tetrahydrocannabinolic acid (THCa); and
(C) Does not include: (i) Cannabichromene (CBC/CBCa/CBCv); (ii) Cannabicitran (CBT/CBTa); (iii) Cannabicyclol (CBL/CBLa); (iv) Cannabidiol (CBD/CBDa/CBDv/CBDp); (v) Cannabielsoin (CBE/CBEa); (vi) Cannabigerol (CBG/CBGa/CBGv/CBGm); (vii) Cannabinol (CBN/CBNa); (viii) Cannabivarin (CBV/CBVa); (ix) Hemp-derived feed products allowed under title 44, chapter 6; (x) Hemp-derived fiber, grain, or topical products; or (xi) A substance that is categorized as a Schedule I controlled substance on or after July 1, 2023, including a substance that may be identified in subdivision (2)(B);
(i) Cannabichromene (CBC/CBCa/CBCv);
(ii) Cannabicitran (CBT/CBTa);
(iii) Cannabicyclol (CBL/CBLa);
(iv) Cannabidiol (CBD/CBDa/CBDv/CBDp);
(v) Cannabielsoin (CBE/CBEa);
(vi) Cannabigerol (CBG/CBGa/CBGv/CBGm);
(vii) Cannabinol (CBN/CBNa);
(viii) Cannabivarin (CBV/CBVa);
(ix) Hemp-derived feed products allowed under title 44, chapter 6;
(x) Hemp-derived fiber, grain, or topical products; or
(xi) A substance that is categorized as a Schedule I controlled substance on or after July 1, 2023, including a substance that may be identified in subdivision (2)(B);
(3) "Manufacture" means to compound, blend, extract, infuse, cook, or otherwise make or prepare products containing a hemp-derived cannabinoid, including the processes of extraction, infusion, packaging, repackaging, labeling, and relabeling of products containing a hemp-derived cannabinoid;
(4) "Proof of age" means a valid driver license or other government-issued identification card that contains a photograph of the person and confirms the person's age as twenty-one (21) years of age or older;
(5) "Retailer" means a person or entity that sells products containing a hemp-derived cannabinoid for consumption and not for resale;
(6) "Serving" means a quantity of a hemp-derived cannabinoid product reasonably suitable for a single person's daily use; and
(7) "Supplier" means a person or entity that manufactures hemp-derived cannabinoids or sells products containing hemp-derived cannabinoids to retailers.
Added by 2023 Tenn. Acts, ch. 423, s 1, eff. 7/1/2023.
Tenn. Code Ann. § 43-10-118 — TN Code / Title 43 / Chapter 10 / Section 43-10-118
License fees
Status: in_force

Each seed seller who sells, offers for sale, exposes for sale, distributes, or solicits orders for the sale of any agricultural or vegetable seeds to farmers, retailers, wholesalers, or any others who use or plant agricultural or vegetable seeds in the state shall obtain a license from the commissioner annually on or before July 1 of each calendar year. Seed sellers shall obtain an application form and pay the appropriate fee set by rule pursuant to § 43-1-703 . Amended by 2015 Tenn. Acts, ch. 485,s 9, eff. 7/1/2015. Acts 1986, ch. 660, § 19; 1997, ch. 94, § 3.
Each seed seller who sells, offers for sale, exposes for sale, distributes, or solicits orders for the sale of any agricultural or vegetable seeds to farmers, retailers, wholesalers, or any others who use or plant agricultural or vegetable seeds in the state shall obtain a license from the commissioner annually on or before July 1 of each calendar year. Seed sellers shall obtain an application form and pay the appropriate fee set by rule pursuant to § 43-1-703 .
Amended by 2015 Tenn. Acts, ch. 485,s 9, eff. 7/1/2015.
Acts 1986, ch. 660, § 19; 1997, ch. 94, § 3.
Tenn. Code Ann. § 43-19-207 — TN Code / Title 43 / Chapter 19 / Section 43-19-207
Keeper not to sell tobacco until inspection - Penalty
Status: in_force

No warehouse keeper shall sell publicly any sample of tobacco that has not been regularly inspected under this chapter, under a penalty of five dollars ($5.00) for each hogshead so sold, to be recovered by any person suing for that amount. Acts 1870-1871, ch. 65, § 13; Shan., § 3392; Code 1932, § 6491; T.C.A. (orig. ed.), § 43-2116.
No warehouse keeper shall sell publicly any sample of tobacco that has not been regularly inspected under this chapter, under a penalty of five dollars ($5.00) for each hogshead so sold, to be recovered by any person suing for that amount.
Acts 1870-1871, ch. 65, § 13; Shan., § 3392; Code 1932, § 6491; T.C.A. (orig. ed.), § 43-2116.
Tenn. Code Ann. § 43-38-603 — TN Code / Title 43 / Chapter 38 / Section 43-38-603
Goverance of cooperative
Status: in_force

A cooperative shall be governed by its board of directors, which shall take all action for and on behalf of the cooperative, except those actions reserved or granted to members. Acts 2004, ch. 534, § 25.
A cooperative shall be governed by its board of directors, which shall take all action for and on behalf of the cooperative, except those actions reserved or granted to members.
Acts 2004, ch. 534, § 25.
Tenn. Code Ann. § 43-16-121 — TN Code / Title 43 / Chapter 16 / Section 43-16-121
Officers elected by directors - Treasurer
Status: in_force

The directors shall elect from their number a president and one (1) or more vice presidents. They shall also elect a secretary and a treasurer, who need not be directors or members of the association; and they may combine the two (2) latter offices and designate the combined office as secretary-treasurer; or unite both functions and titles in one (1) person. The treasurer may be a bank or any depository, and as such, shall not be considered as an officer, but as a function of the board of directors. In that case, the secretary shall perform the usual accounting duties of the treasurer, excepting that the funds shall be deposited only as and where authorized by the board of directors. Acts 1923, ch. 100, § 13; Shan. Supp., § 2534a45; Code 1932, §3803; T.C.A. (orig. ed.), § 43-1821.
The directors shall elect from their number a president and one (1) or more vice presidents. They shall also elect a secretary and a treasurer, who need not be directors or members of the association; and they may combine the two (2) latter offices and designate the combined office as secretary-treasurer; or unite both functions and titles in one (1) person. The treasurer may be a bank or any depository, and as such, shall not be considered as an officer, but as a function of the board of directors. In that case, the secretary shall perform the usual accounting duties of the treasurer, excepting that the funds shall be deposited only as and where authorized by the board of directors.
Acts 1923, ch. 100, § 13; Shan. Supp., § 2534a45; Code 1932, §3803; T.C.A. (orig. ed.), § 43-1821.
Tenn. Code Ann. § 43-16-147 — TN Code / Title 43 / Chapter 16 / Section 43-16-147
Combinations of existing corporations into associations - Amendment of charters
Status: in_force

Corporations not for profit, of this class, previously organized under the general incorporation laws or laws later enacted, are empowered to combine into associations upon such terms as may be provided and agreed upon, or by one corporation becoming a member of the other. Further, preexisting charters of the corporations are amended, under the power reserved to the general assembly, so as to bring same into conformity with this law, thus granting them the powers and imposing upon them the duties and liabilities set forth in this chapter. Acts 1917, ch. 39, §§ 1, 2; Shan. Supp., § 2534a74; mod. Code 1932, § 3830; T.C.A. (orig. ed.), § 43-1848.
Corporations not for profit, of this class, previously organized under the general incorporation laws or laws later enacted, are empowered to combine into associations upon such terms as may be provided and agreed upon, or by one corporation becoming a member of the other. Further, preexisting charters of the corporations are amended, under the power reserved to the general assembly, so as to bring same into conformity with this law, thus granting them the powers and imposing upon them the duties and liabilities set forth in this chapter.
Acts 1917, ch. 39, §§ 1, 2; Shan. Supp., § 2534a74; mod. Code 1932, § 3830; T.C.A. (orig. ed.), § 43-1848.
Tenn. Code Ann. § 43-38-813 — TN Code / Title 43 / Chapter 38 / Section 43-38-813
Procedures as to assignees of financial rights
Status: in_force

When an assignment of some or all of the financial rights of a membership is in effect and a copy delivered to the cooperative prior to the time described in § 43-38-807 , then as to that membership interest §§ 43-38-801 - 43-38-812 must be followed, subject to the following: (1) All rights to be exercised and actions to be taken by a member under §§ 43-38-802 - 43-38-812 shall be taken by the member and not by any assignee of the member's financial rights. As between the cooperative and the assignees, the actions taken or omitted by the member bind the assignees; (2) Instead of remitting a payment under § 43-38-807 , the cooperative shall forward to the dissenter member: (A) The materials described in § 43-38-807(b) ; (B) An offer to pay the amount listed in the materials, with that amount to be allocated among and paid to the member and the assignees of financial rights according to the terms of the assignments reflected in the required records; and (C) A statement of that allocation; (3) If the dissenter member accepts the amount of the offer made under subdivision (2) but disputes the allocation, the dissenter shall promptly so notify the cooperative and promptly after notification bring an action to determine the proper allocation. The suit must be filed in the county in which the registered office of the cooperative is located. The suit must name as parties the member, the cooperative and all assignees of the members financial rights. Upon being served with the action, the cooperative shall promptly pay into the court the amount offered under subdivision (2) and shall then be dismissed from the action; (4) If the dissenter considers the amount offered under subdivision (2) inadequate, the dissenter may decline the offer and demand payment under § 43-38-810 . If the dissenter makes demand, §§ 43-38-811 and 43-38-812 apply, with the court having jurisdiction also to determine the correctness of the allocation; and (5) If the member fails to take action under either subdivision (3) or (4), then: (A) As to the cooperative, both the member and the assignees of the member's financial rights are limited to the amount and allocation offered under subdivision (2); and (B) The cooperative discharges its obligation of payment by making payment according to the amount and allocation offered under subdivision (2). Acts 2004, ch. 534, § 27.
When an assignment of some or all of the financial rights of a membership is in effect and a copy delivered to the cooperative prior to the time described in § 43-38-807 , then as to that membership interest §§ 43-38-801 - 43-38-812 must be followed, subject to the following:
(1) All rights to be exercised and actions to be taken by a member under §§ 43-38-802 - 43-38-812 shall be taken by the member and not by any assignee of the member's financial rights. As between the cooperative and the assignees, the actions taken or omitted by the member bind the assignees;
(2) Instead of remitting a payment under § 43-38-807 , the cooperative shall forward to the dissenter member: (A) The materials described in § 43-38-807(b) ; (B) An offer to pay the amount listed in the materials, with that amount to be allocated among and paid to the member and the assignees of financial rights according to the terms of the assignments reflected in the required records; and (C) A statement of that allocation;
(A) The materials described in § 43-38-807(b) ;
(B) An offer to pay the amount listed in the materials, with that amount to be allocated among and paid to the member and the assignees of financial rights according to the terms of the assignments reflected in the required records; and
(C) A statement of that allocation;
(3) If the dissenter member accepts the amount of the offer made under subdivision (2) but disputes the allocation, the dissenter shall promptly so notify the cooperative and promptly after notification bring an action to determine the proper allocation. The suit must be filed in the county in which the registered office of the cooperative is located. The suit must name as parties the member, the cooperative and all assignees of the members financial rights. Upon being served with the action, the cooperative shall promptly pay into the court the amount offered under subdivision (2) and shall then be dismissed from the action;
(4) If the dissenter considers the amount offered under subdivision (2) inadequate, the dissenter may decline the offer and demand payment under § 43-38-810 . If the dissenter makes demand, §§ 43-38-811 and 43-38-812 apply, with the court having jurisdiction also to determine the correctness of the allocation; and
(5) If the member fails to take action under either subdivision (3) or (4), then: (A) As to the cooperative, both the member and the assignees of the member's financial rights are limited to the amount and allocation offered under subdivision (2); and (B) The cooperative discharges its obligation of payment by making payment according to the amount and allocation offered under subdivision (2).
(A) As to the cooperative, both the member and the assignees of the member's financial rights are limited to the amount and allocation offered under subdivision (2); and
(B) The cooperative discharges its obligation of payment by making payment according to the amount and allocation offered under subdivision (2).
Acts 2004, ch. 534, § 27.
Tenn. Code Ann. § 43-19-106 — TN Code / Title 43 / Chapter 19 / Section 43-19-106
Warehouses to be floored and kept in repair
Status: in_force

(a) The proprietor shall fit up the warehouse with plank floors or skids, upon which to place the tobacco, so that the hogsheads may be at least four inches (4") from the earth. (b) Any proprietor who fails to keep a warehouse in good repair, or to furnish it as in this section provided, shall forfeit two hundred dollars ($200) to the state, and is also liable upon the bond to an action for damages, at the instance of any planter or owner whose tobacco is injured. Acts 1870-1871, ch. 65, § 6; Shan., § 3384; Code 1932, § 6481; T.C.A. (orig. ed.), § 43-2106.
(a) The proprietor shall fit up the warehouse with plank floors or skids, upon which to place the tobacco, so that the hogsheads may be at least four inches (4") from the earth.
(b) Any proprietor who fails to keep a warehouse in good repair, or to furnish it as in this section provided, shall forfeit two hundred dollars ($200) to the state, and is also liable upon the bond to an action for damages, at the instance of any planter or owner whose tobacco is injured.
Acts 1870-1871, ch. 65, § 6; Shan., § 3384; Code 1932, § 6481; T.C.A. (orig. ed.), § 43-2106.
Tenn. Code Ann. § 43-38-524 — TN Code / Title 43 / Chapter 38 / Section 43-38-524
Written member control agreements
Status: in_force

(a) A written agreement among persons who are then members, including a sole member, or who have signed subscription or contribution agreements, relating to the control of any phase of the business and affairs of the cooperative, its liquidation, dissolution and termination, or the relations among members or persons who have signed subscription or contribution agreements is valid as provided in subsection (b). Wherever this chapter provides that a particular result may or must be obtained through a provision in the articles of organization or bylaws, the same result can be accomplished through a member control agreement valid under this section or through a procedure established by a member control agreement valid under this section. (b) Other than patron member voting control under § 43-38-522 and patron member allocation and distribution provisions under §§ 43-38-901 and 43-38-902 , a written agreement among persons described in subsection (a) that relates to the control of or the liquidation, dissolution and termination of the cooperative, the relations among them, or any phase of the business and affairs of the cooperative, including, without limitation, the management of its business, the declaration and payment of distributions, the sharing of profits and losses, the election of directors, the employment of members by the cooperative, or the arbitration of disputes, is valid, if the agreement is signed by all persons who are then the members of the cooperative, whether or not the members all have voting power, and all those who have signed contribution agreements, regardless of whether those signatories will, when members, have voting power. (c) This section does not apply to, limit, or restrict agreements otherwise valid, nor is the procedure set forth in this section the exclusive method of agreement among members or between the members and the cooperative with respect to any of the matters described. (d) Any assignee of any member's financial rights may not be a party to an agreement under subsection (a), unless that assignee is also a member or person or entity bound by a binding contribution agreement at the time the agreement is entered into. (e) Unless otherwise provided in the articles, bylaws or the member control agreement, the member control agreement will not terminate if the cooperative is combined into a new cooperative pursuant to merger, whether by a merger in dissolution or otherwise. Any other termination of the cooperative's existence will automatically terminate the member control agreement. Acts 2004, ch. 534, § 22.
(a) A written agreement among persons who are then members, including a sole member, or who have signed subscription or contribution agreements, relating to the control of any phase of the business and affairs of the cooperative, its liquidation, dissolution and termination, or the relations among members or persons who have signed subscription or contribution agreements is valid as provided in subsection (b). Wherever this chapter provides that a particular result may or must be obtained through a provision in the articles of organization or bylaws, the same result can be accomplished through a member control agreement valid under this section or through a procedure established by a member control agreement valid under this section.
(b) Other than patron member voting control under § 43-38-522 and patron member allocation and distribution provisions under §§ 43-38-901 and 43-38-902 , a written agreement among persons described in subsection (a) that relates to the control of or the liquidation, dissolution and termination of the cooperative, the relations among them, or any phase of the business and affairs of the cooperative, including, without limitation, the management of its business, the declaration and payment of distributions, the sharing of profits and losses, the election of directors, the employment of members by the cooperative, or the arbitration of disputes, is valid, if the agreement is signed by all persons who are then the members of the cooperative, whether or not the members all have voting power, and all those who have signed contribution agreements, regardless of whether those signatories will, when members, have voting power.
(c) This section does not apply to, limit, or restrict agreements otherwise valid, nor is the procedure set forth in this section the exclusive method of agreement among members or between the members and the cooperative with respect to any of the matters described.
(d) Any assignee of any member's financial rights may not be a party to an agreement under subsection (a), unless that assignee is also a member or person or entity bound by a binding contribution agreement at the time the agreement is entered into.
(e) Unless otherwise provided in the articles, bylaws or the member control agreement, the member control agreement will not terminate if the cooperative is combined into a new cooperative pursuant to merger, whether by a merger in dissolution or otherwise. Any other termination of the cooperative's existence will automatically terminate the member control agreement.
Acts 2004, ch. 534, § 22.
Tenn. Code Ann. § 43-38-808 — TN Code / Title 43 / Chapter 38 / Section 43-38-808
Failure to take action
Status: in_force

If the cooperative does not effectuate the proposed action that gave rise to the dissenter's rights within two (2) months after the date set for demanding payment, the cooperative must send a new dissenter's notice under § 43-38-804 and repeat the payment demand procedure if it effectuates the proposed action. Acts 2004, ch. 534, § 27.
If the cooperative does not effectuate the proposed action that gave rise to the dissenter's rights within two (2) months after the date set for demanding payment, the cooperative must send a new dissenter's notice under § 43-38-804 and repeat the payment demand procedure if it effectuates the proposed action.
Acts 2004, ch. 534, § 27.
Tenn. Code Ann. § 43-38-106 — TN Code / Title 43 / Chapter 38 / Section 43-38-106
Reservation of cooperative name with secretary of state
Status: in_force

(a) A person may reserve the exclusive use of a cooperative name, including an assumed cooperative name, by delivering an application to the secretary of state for filing. The application must set forth the name and address of the applicant and the name proposed to be reserved. If the secretary of state finds that the cooperative name applied for meets the requirements of § 43-38-105 and is available, the secretary of state shall reserve the name for the applicant's exclusive use for a four-month period. Upon the expiration of the four-month period, the same or any other party may apply to reserve the same name. (b) The owner of a reserved cooperative name, including an assumed cooperative name, may transfer the reservation to another person by delivering to the secretary of state a notice of the transfer signed by the owner that states the name and address of the transferee. (c) The reservation of a specific name may be cancelled by filing with the secretary of state a notice, executed by the applicant or transferee, specifying the name reservation to be cancelled and the name and address of the applicant or transferee. Acts 2004, ch. 534, § 7.
(a) A person may reserve the exclusive use of a cooperative name, including an assumed cooperative name, by delivering an application to the secretary of state for filing. The application must set forth the name and address of the applicant and the name proposed to be reserved. If the secretary of state finds that the cooperative name applied for meets the requirements of § 43-38-105 and is available, the secretary of state shall reserve the name for the applicant's exclusive use for a four-month period. Upon the expiration of the four-month period, the same or any other party may apply to reserve the same name.
(b) The owner of a reserved cooperative name, including an assumed cooperative name, may transfer the reservation to another person by delivering to the secretary of state a notice of the transfer signed by the owner that states the name and address of the transferee.
(c) The reservation of a specific name may be cancelled by filing with the secretary of state a notice, executed by the applicant or transferee, specifying the name reservation to be cancelled and the name and address of the applicant or transferee.
Acts 2004, ch. 534, § 7.
Tenn. Code Ann. § 43-20-105 — TN Code / Title 43 / Chapter 20 / Section 43-20-105
Funds used for research and promotion - Political use of funds prohibited - Reports
Status: in_force

(a) The board shall plan and conduct a program of productive research, education, market development and advertising designed to promote the soybean industry in Tennessee, and is authorized to use the funds derived from the assessment imposed in this part for those purposes, including basic administrative expenses of the plan. The board may also, in its discretion, expend money from the Tennessee soybean promotion fund outside the state of Tennessee for such purposes as national and international research and promotional applications. (b) Funds may be expended only for the purposes set out in this part and shall not be spent in any manner for political purposes. A report of all expenditures shall be made annually, with four (4) copies of the report to be filed with each of the following: the department of agriculture, the chief clerk of the house of representatives, the chief clerk of the senate and the state library and archives. Acts 1977, ch. 208, § 5; T.C.A., § 43-3005.
(a) The board shall plan and conduct a program of productive research, education, market development and advertising designed to promote the soybean industry in Tennessee, and is authorized to use the funds derived from the assessment imposed in this part for those purposes, including basic administrative expenses of the plan. The board may also, in its discretion, expend money from the Tennessee soybean promotion fund outside the state of Tennessee for such purposes as national and international research and promotional applications.
(b) Funds may be expended only for the purposes set out in this part and shall not be spent in any manner for political purposes. A report of all expenditures shall be made annually, with four (4) copies of the report to be filed with each of the following: the department of agriculture, the chief clerk of the house of representatives, the chief clerk of the senate and the state library and archives.
Acts 1977, ch. 208, § 5; T.C.A., § 43-3005.
Tenn. Code Ann. § 43-20-103 — TN Code / Title 43 / Chapter 20 / Section 43-20-103
Assessment levied on producers - Promotion fund - Records of purchasers
Status: in_force

(a) There is imposed and levied an assessment at the rate of one cent (1¢) per bushel on all soybeans grown within the state of Tennessee, by producers desiring to execute forms stating their desire to participate as set out in this section, and this assessment shall be deducted by the purchaser from the amount paid the producer at the first point of sale. The producer shall so indicate the choice to participate or not on proper forms provided by the department of agriculture, referred to in this part as the "department," and that are available at every facility where soybeans are purchased from producers. If a producer elects not to participate, the purchaser shall not withhold the assessment at the time of the sale or at any later time. (b) The total assessment imposed and levied by this part shall be payable to and collected by the department, from the purchaser of such soybeans at the first point of sale, within ten (10) days after the end of each calendar quarter. The proceeds of the assessment collected by the department shall then be deposited in a special fund to be established as the "Tennessee soybean promotion fund," and disbursement from the fund shall be made upon authorization of the commissioner of agriculture and the commissioner of finance and administration as requested, on requisitions signed by the chair and secretary-treasurer of the Tennessee soybean promotion board. (c) The commissioner shall quarterly pay over to the Tennessee soybean promotion fund all funds collected, less not more than ten percent (10%) of the gross amount collected for department expenses. The quarterly settlement to the board shall be made on or before the twentieth day of October, January, April and July of each year, and shall be accompanied by a complete report of all funds collected, disbursed, and associated departmental expenses. (d) Each purchaser shall keep a complete and accurate record of all soybeans handled by that purchaser, and shall furnish each producer with a signed sales slip showing the number of bushels purchased from the producer and the amount deducted by the purchaser for the Tennessee soybean promotion fund or noting the producer's exemption under subsection (a). Such records shall be in such form and contain such other information as the department shall by rule or regulation prescribe. The records shall be preserved by the purchaser for a period of two (2) years and shall be offered for inspection at any time upon oral or written demand by the department or any duly authorized agent or representative of the department. Every purchaser, at such time or times as the department may require, shall submit reports or other documentary information deemed necessary for the efficient and equitable collection of the assessment imposed in this part. The department has the power to cause any duly authorized agent or representative to enter upon the premises of any purchaser of soybeans and examine or cause to be examined by an agent, any books, papers and records that deal in any way with the payment of the assessment or enforcement of this part. Acts 1977, ch. 208, § 3; T.C.A., § 43-3003; Acts 2002, ch. 737, § 3.
(a) There is imposed and levied an assessment at the rate of one cent (1¢) per bushel on all soybeans grown within the state of Tennessee, by producers desiring to execute forms stating their desire to participate as set out in this section, and this assessment shall be deducted by the purchaser from the amount paid the producer at the first point of sale. The producer shall so indicate the choice to participate or not on proper forms provided by the department of agriculture, referred to in this part as the "department," and that are available at every facility where soybeans are purchased from producers. If a producer elects not to participate, the purchaser shall not withhold the assessment at the time of the sale or at any later time.
(b) The total assessment imposed and levied by this part shall be payable to and collected by the department, from the purchaser of such soybeans at the first point of sale, within ten (10) days after the end of each calendar quarter. The proceeds of the assessment collected by the department shall then be deposited in a special fund to be established as the "Tennessee soybean promotion fund," and disbursement from the fund shall be made upon authorization of the commissioner of agriculture and the commissioner of finance and administration as requested, on requisitions signed by the chair and secretary-treasurer of the Tennessee soybean promotion board.
(c) The commissioner shall quarterly pay over to the Tennessee soybean promotion fund all funds collected, less not more than ten percent (10%) of the gross amount collected for department expenses. The quarterly settlement to the board shall be made on or before the twentieth day of October, January, April and July of each year, and shall be accompanied by a complete report of all funds collected, disbursed, and associated departmental expenses.
(d) Each purchaser shall keep a complete and accurate record of all soybeans handled by that purchaser, and shall furnish each producer with a signed sales slip showing the number of bushels purchased from the producer and the amount deducted by the purchaser for the Tennessee soybean promotion fund or noting the producer's exemption under subsection (a). Such records shall be in such form and contain such other information as the department shall by rule or regulation prescribe. The records shall be preserved by the purchaser for a period of two (2) years and shall be offered for inspection at any time upon oral or written demand by the department or any duly authorized agent or representative of the department. Every purchaser, at such time or times as the department may require, shall submit reports or other documentary information deemed necessary for the efficient and equitable collection of the assessment imposed in this part. The department has the power to cause any duly authorized agent or representative to enter upon the premises of any purchaser of soybeans and examine or cause to be examined by an agent, any books, papers and records that deal in any way with the payment of the assessment or enforcement of this part.
Acts 1977, ch. 208, § 3; T.C.A., § 43-3003; Acts 2002, ch. 737, § 3.
Tenn. Code Ann. § 43-11-107 — TN Code / Title 43 / Chapter 11 / Section 43-11-107
[Repealed]
Status: repealed

Repealed by 2015 Tenn. Acts, ch. 485, s 12, eff. 7/1/2015.
Tenn. Code Ann. § 43-19-217 — TN Code / Title 43 / Chapter 19 / Section 43-19-217
Warehouseman's lien for fees and charges
Status: in_force

A lien is given to the proprietor of the warehouse on all tobacco and proceeds for fees and charges on the tobacco and proceeds. Acts 1870-1871, ch. 65, § 22; Shan., § 3402; Code 1932, § 6501; T.C.A. (orig. ed.), § 43-2126.
A lien is given to the proprietor of the warehouse on all tobacco and proceeds for fees and charges on the tobacco and proceeds.
Acts 1870-1871, ch. 65, § 22; Shan., § 3402; Code 1932, § 6501; T.C.A. (orig. ed.), § 43-2126.
Tenn. Code Ann. § 43-36-107 — TN Code / Title 43 / Chapter 36 / Section 43-36-107
[Repealed]
Status: repealed

Acts 1999, ch. 175, §8; repealed by Acts 2014 , ch. 503, § 2, effective 2/28/2014.
Tenn. Code Ann. § 43-38-201 — TN Code / Title 43 / Chapter 38 / Section 43-38-201
Organizational purpose
Status: in_force

A cooperative may be formed and organized on a cooperative plan as provided under this title, to market, process, or otherwise change the form or marketability of crops, livestock and other agricultural products, including manufacturing and further processing of those products and other purposes that are necessary or convenient to facilitate the production or marketing of agricultural products by patron members and other purposes that are related to the business of the cooperative; to provide supplies and services to its members; and for purposes that cooperatives are authorized by law. Acts 2004, ch. 534, § 4.
A cooperative may be formed and organized on a cooperative plan as provided under this title, to market, process, or otherwise change the form or marketability of crops, livestock and other agricultural products, including manufacturing and further processing of those products and other purposes that are necessary or convenient to facilitate the production or marketing of agricultural products by patron members and other purposes that are related to the business of the cooperative; to provide supplies and services to its members; and for purposes that cooperatives are authorized by law.
Acts 2004, ch. 534, § 4.
Tenn. Code Ann. § 43-19-301 — TN Code / Title 43 / Chapter 19 / Section 43-19-301
Commissioner of agriculture to enforce rules and regulations
Status: in_force

The commissioner of agriculture is vested with the power and authority and is charged with the duty of administering and enforcing this part, and has the authority to establish and enforce reasonable rules and regulations not inconsistent with this part, for the purpose of carrying out this part. Acts 1949, ch. 141, § 1; C. Supp. 1950, § 6669.1 (Williams, § 6675.1); T.C.A. (orig. ed.), § 43-2131.
The commissioner of agriculture is vested with the power and authority and is charged with the duty of administering and enforcing this part, and has the authority to establish and enforce reasonable rules and regulations not inconsistent with this part, for the purpose of carrying out this part.
Acts 1949, ch. 141, § 1; C. Supp. 1950, § 6669.1 (Williams, § 6675.1); T.C.A. (orig. ed.), § 43-2131.
Tenn. Code Ann. § 43-10-110 — TN Code / Title 43 / Chapter 10 / Section 43-10-110
Exemptions
Status: in_force

(a) Sections 43-10-104 - 43-10-108 do not apply: (1) To seed or grain sold or represented to be sold for purposes other than for seeding; provided, that the seed is labeled "not for seeding purposes" and that the seed seller shall make it unmistakably clear to the purchaser of such seed or grain that it is not for seeding purposes; (2) To seed for conditioning when consigned to being transported to or stored in a conditioning establishment; provided, that the invoice or labeling accompanying the seed bears the statement "Seed for conditioning"; and provided further, that other labeling or representation that may be made with respect to the uncleaned or unconditioned seed shall be subject to this part; (3) When grown, sold, and delivered by the producer on the producer's own premises, to the purchaser personally for seeding purposes. If, however, the seed is advertised for sale through any public medium or if the seed is delivered by a common carrier, except transported for the purposes of being recleaned as hereinafter provided, the seed must be labeled in accordance with this part; and (4) To any carrier in respect to any seed or screenings transported or delivered for transportation in the ordinary course of its business as a carrier; provided, that such carrier is not engaged in producing, conditioning, or marketing agricultural or vegetable seeds or screenings subject to this part. (b) No person shall be subject to the penalties of this part for having sold, offered or exposed for sale in this state any agricultural or vegetable seeds that were incorrectly labeled or represented as to origin, kind, or variety when such seeds cannot be identified by examination, unless such person has failed to obtain an invoice or genuine grower's declaration giving origin, kind, and variety or to take such other precautions as may be necessary to ensure the identity to be that stated. Acts 1986, ch. 660, § 11.
(a) Sections 43-10-104 - 43-10-108 do not apply: (1) To seed or grain sold or represented to be sold for purposes other than for seeding; provided, that the seed is labeled "not for seeding purposes" and that the seed seller shall make it unmistakably clear to the purchaser of such seed or grain that it is not for seeding purposes; (2) To seed for conditioning when consigned to being transported to or stored in a conditioning establishment; provided, that the invoice or labeling accompanying the seed bears the statement "Seed for conditioning"; and provided further, that other labeling or representation that may be made with respect to the uncleaned or unconditioned seed shall be subject to this part; (3) When grown, sold, and delivered by the producer on the producer's own premises, to the purchaser personally for seeding purposes. If, however, the seed is advertised for sale through any public medium or if the seed is delivered by a common carrier, except transported for the purposes of being recleaned as hereinafter provided, the seed must be labeled in accordance with this part; and (4) To any carrier in respect to any seed or screenings transported or delivered for transportation in the ordinary course of its business as a carrier; provided, that such carrier is not engaged in producing, conditioning, or marketing agricultural or vegetable seeds or screenings subject to this part.
(1) To seed or grain sold or represented to be sold for purposes other than for seeding; provided, that the seed is labeled "not for seeding purposes" and that the seed seller shall make it unmistakably clear to the purchaser of such seed or grain that it is not for seeding purposes;
(2) To seed for conditioning when consigned to being transported to or stored in a conditioning establishment; provided, that the invoice or labeling accompanying the seed bears the statement "Seed for conditioning"; and provided further, that other labeling or representation that may be made with respect to the uncleaned or unconditioned seed shall be subject to this part;
(3) When grown, sold, and delivered by the producer on the producer's own premises, to the purchaser personally for seeding purposes. If, however, the seed is advertised for sale through any public medium or if the seed is delivered by a common carrier, except transported for the purposes of being recleaned as hereinafter provided, the seed must be labeled in accordance with this part; and
(4) To any carrier in respect to any seed or screenings transported or delivered for transportation in the ordinary course of its business as a carrier; provided, that such carrier is not engaged in producing, conditioning, or marketing agricultural or vegetable seeds or screenings subject to this part.
(b) No person shall be subject to the penalties of this part for having sold, offered or exposed for sale in this state any agricultural or vegetable seeds that were incorrectly labeled or represented as to origin, kind, or variety when such seeds cannot be identified by examination, unless such person has failed to obtain an invoice or genuine grower's declaration giving origin, kind, and variety or to take such other precautions as may be necessary to ensure the identity to be that stated.
Acts 1986, ch. 660, § 11.
Tenn. Code Ann. § 43-38-601 — TN Code / Title 43 / Chapter 38 / Section 43-38-601
Powers
Status: in_force

(a) All powers shall be exercised by or under the authority of, and the business and affairs of the cooperative shall be managed by or under the direction of the board of directors, subject to subsection (b) and any limitations set forth in the articles or bylaws agreement. A cooperative shall be board-managed, as designated in its articles. Unless otherwise provided in the articles or bylaws, each director shall have equal voting power per capita with each other director. (b) For convenience, one (1) or more officers, members or directors may be designated in the articles as persons authorized to execute instruments transferring real property held in the name of the cooperative and may set forth any limitations on this authority. This designation, however, in the absence of a clear statement that the named person or persons are the only person or persons authorized to execute instruments transferring real property, does not imply that other members, officers or directors do not have the authority to execute such instruments under § 43-38-602 . A grant of authority contained in the current articles is conclusive in favor of a person who gives value without knowledge to the contrary. Acts 2004, ch. 534, § 24.
(a) All powers shall be exercised by or under the authority of, and the business and affairs of the cooperative shall be managed by or under the direction of the board of directors, subject to subsection (b) and any limitations set forth in the articles or bylaws agreement. A cooperative shall be board-managed, as designated in its articles. Unless otherwise provided in the articles or bylaws, each director shall have equal voting power per capita with each other director.
(b) For convenience, one (1) or more officers, members or directors may be designated in the articles as persons authorized to execute instruments transferring real property held in the name of the cooperative and may set forth any limitations on this authority. This designation, however, in the absence of a clear statement that the named person or persons are the only person or persons authorized to execute instruments transferring real property, does not imply that other members, officers or directors do not have the authority to execute such instruments under § 43-38-602 . A grant of authority contained in the current articles is conclusive in favor of a person who gives value without knowledge to the contrary.
Acts 2004, ch. 534, § 24.
Tenn. Code Ann. § 43-6-202 — TN Code / Title 43 / Chapter 6 / Section 43-6-202
Johnson grass extermination areas - Designation by commissioner of agriculture - Notice
Status: in_force

The commissioner of agriculture shall within thirty (30) days after receipt of the notice from the county clerk as provided in § 43-6-201 declare the county to be a "Johnson grass extermination area" and the commissioner shall cause suitable notice to be published in a newspaper in the county for two (2) consecutive weeks. The notice shall specify that the county has been declared a Johnson grass extermination area and that all property owners in the county shall, not later than April 30 following the publication of the notice, take steps to control and eradicate Johnson grass on all lands owned by them or under their control. The commissioner may have inserted in the notice such other pertinent and relevant information as the commissioner may deem advisable. Acts 1961, ch. 306, § 2; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A., § 43-2702.
The commissioner of agriculture shall within thirty (30) days after receipt of the notice from the county clerk as provided in § 43-6-201 declare the county to be a "Johnson grass extermination area" and the commissioner shall cause suitable notice to be published in a newspaper in the county for two (2) consecutive weeks. The notice shall specify that the county has been declared a Johnson grass extermination area and that all property owners in the county shall, not later than April 30 following the publication of the notice, take steps to control and eradicate Johnson grass on all lands owned by them or under their control. The commissioner may have inserted in the notice such other pertinent and relevant information as the commissioner may deem advisable.
Acts 1961, ch. 306, § 2; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A., § 43-2702.
Tenn. Code Ann. § 43-31-106 — TN Code / Title 43 / Chapter 31 / Section 43-31-106
Enforcement of security interest
Status: in_force

The holder of an agricultural production input security interest may enforce the security interest in the manner provided in title 47, chapter 9, part 6. For enforcement of the security interest, the security interest holder is the secured party and person for whom the agricultural production input was furnished is the debtor, and each has the respective rights and duties of a secured party and a debtor under title 47, chapter 9, part 6. Acts 1986, ch. 922, § 6; 2000, ch. 846, § 22e.
The holder of an agricultural production input security interest may enforce the security interest in the manner provided in title 47, chapter 9, part 6. For enforcement of the security interest, the security interest holder is the secured party and person for whom the agricultural production input was furnished is the debtor, and each has the respective rights and duties of a secured party and a debtor under title 47, chapter 9, part 6.
Acts 1986, ch. 922, § 6; 2000, ch. 846, § 22e.
Tenn. Code Ann. § 43-8-106 — TN Code / Title 43 / Chapter 8 / Section 43-8-106
Powers of commissioner
Status: in_force

(a) The commissioner is authorized, after opportunity for a hearing, to: (1) Declare any form of plant or animal life or virus that is injurious to plants, humans, domestic animals, articles or substances to be a pest; (2) Determine whether pesticides are highly toxic to humans; and (3) Determine standards of coloring or discoloring for pesticides. (b) The commissioner is further authorized to: (1) Collect and undertake laboratory analysis of pesticides to determine their compliance with the requirements of this part and part 2 of this chapter; and the commissioner has the authority at all reasonable hours to enter into any car, warehouse, store, building, boat vessel or other place where pesticides are held for distribution or sale for the purpose of inspection or sampling, to procure samples for analysis or examination from any lot, package or parcel containing a pesticide; (2) Publish from time to time information concerning the production, sale and use of any pesticide and make reports of the results of any analysis based on official samples of pesticides sold within the state; (3) Classify pesticides for general use and/or restricted use, as well as those prohibited from use by regulation; provided, that the regulations shall be consistent with the requirements of the federal Insecticide, Fungicide and Rodenticide Act and regulations as administered by the environmental protection agency; and (4) Review periodically the records of sales of restricted use pesticides by licensed dealers. (c) The commissioner is authorized to promulgate such reasonable regulations relating to the sale and distribution of pesticides as the commissioner may find necessary to carry out the full intent and meaning of this part and part 2 of this chapter. (d) The commissioner is authorized and empowered to cooperate with, and enter into agreements with, any other agency of this state, another state, or the federal government for the purpose of carrying out this part and part 2 of this chapter. Acts 1951, ch. 150, § 6 (Williams, § 6808.12); 1975, ch. 239, § 3; T.C.A. (orig. ed.), § 43-707; Acts 1980, ch. 539, § 7; 1988, ch. 878, § 4; T.C.A. § 43-8-107 .
(a) The commissioner is authorized, after opportunity for a hearing, to: (1) Declare any form of plant or animal life or virus that is injurious to plants, humans, domestic animals, articles or substances to be a pest; (2) Determine whether pesticides are highly toxic to humans; and (3) Determine standards of coloring or discoloring for pesticides.
(1) Declare any form of plant or animal life or virus that is injurious to plants, humans, domestic animals, articles or substances to be a pest;
(2) Determine whether pesticides are highly toxic to humans; and
(3) Determine standards of coloring or discoloring for pesticides.
(b) The commissioner is further authorized to: (1) Collect and undertake laboratory analysis of pesticides to determine their compliance with the requirements of this part and part 2 of this chapter; and the commissioner has the authority at all reasonable hours to enter into any car, warehouse, store, building, boat vessel or other place where pesticides are held for distribution or sale for the purpose of inspection or sampling, to procure samples for analysis or examination from any lot, package or parcel containing a pesticide; (2) Publish from time to time information concerning the production, sale and use of any pesticide and make reports of the results of any analysis based on official samples of pesticides sold within the state; (3) Classify pesticides for general use and/or restricted use, as well as those prohibited from use by regulation; provided, that the regulations shall be consistent with the requirements of the federal Insecticide, Fungicide and Rodenticide Act and regulations as administered by the environmental protection agency; and (4) Review periodically the records of sales of restricted use pesticides by licensed dealers.
(1) Collect and undertake laboratory analysis of pesticides to determine their compliance with the requirements of this part and part 2 of this chapter; and the commissioner has the authority at all reasonable hours to enter into any car, warehouse, store, building, boat vessel or other place where pesticides are held for distribution or sale for the purpose of inspection or sampling, to procure samples for analysis or examination from any lot, package or parcel containing a pesticide;
(2) Publish from time to time information concerning the production, sale and use of any pesticide and make reports of the results of any analysis based on official samples of pesticides sold within the state;
(3) Classify pesticides for general use and/or restricted use, as well as those prohibited from use by regulation; provided, that the regulations shall be consistent with the requirements of the federal Insecticide, Fungicide and Rodenticide Act and regulations as administered by the environmental protection agency; and
(4) Review periodically the records of sales of restricted use pesticides by licensed dealers.
(c) The commissioner is authorized to promulgate such reasonable regulations relating to the sale and distribution of pesticides as the commissioner may find necessary to carry out the full intent and meaning of this part and part 2 of this chapter.
(d) The commissioner is authorized and empowered to cooperate with, and enter into agreements with, any other agency of this state, another state, or the federal government for the purpose of carrying out this part and part 2 of this chapter.
Acts 1951, ch. 150, § 6 (Williams, § 6808.12); 1975, ch. 239, § 3; T.C.A. (orig. ed.), § 43-707; Acts 1980, ch. 539, § 7; 1988, ch. 878, § 4; T.C.A. § 43-8-107 .
Tenn. Code Ann. § 43-34-106 — TN Code / Title 43 / Chapter 34 / Section 43-34-106
Procedures, limitations and responsibilities
Status: in_force

Upon establishment of an agricultural district the following procedures, limitations, and responsibilities apply: (1) Any ownership within an agricultural district that has received a notice of condemnation proceedings against its property may request the local soil and water conservation district to conduct a public hearing to review the project's impact on that property. The public hearing shall be held within forty-five (45) calendar days of the receipt of such summons of condemnation proceedings. (2) The local soil and water conservation district with the assistance of the Tennessee soil and water conservation commission shall provide appropriate notification about establishment of the agricultural district to local and state governmental agencies, local media, and other communication networks. The soil and water conservation district shall also issue appropriate certificates of recognition to the respective ownerships within the agricultural district. (3) The local soil and water conservation district in cooperation with the local roads superintendent, or the superintendent's counterpart, as well as the department of transportation, may erect signs as may be appropriate to recognize a designated agricultural district. Amended by 2021 Tenn. Acts, ch. 203, Secs.s13, s14 eff. 4/22/2021. Acts 1995, ch. 465, § 7.
Upon establishment of an agricultural district the following procedures, limitations, and responsibilities apply:
(1) Any ownership within an agricultural district that has received a notice of condemnation proceedings against its property may request the local soil and water conservation district to conduct a public hearing to review the project's impact on that property. The public hearing shall be held within forty-five (45) calendar days of the receipt of such summons of condemnation proceedings.
(2) The local soil and water conservation district with the assistance of the Tennessee soil and water conservation commission shall provide appropriate notification about establishment of the agricultural district to local and state governmental agencies, local media, and other communication networks. The soil and water conservation district shall also issue appropriate certificates of recognition to the respective ownerships within the agricultural district.
(3) The local soil and water conservation district in cooperation with the local roads superintendent, or the superintendent's counterpart, as well as the department of transportation, may erect signs as may be appropriate to recognize a designated agricultural district.
Amended by 2021 Tenn. Acts, ch. 203, Secs.s13, s14 eff. 4/22/2021.
Acts 1995, ch. 465, § 7.
Tenn. Code Ann. § 43-11-305 — TN Code / Title 43 / Chapter 11 / Section 43-11-305
Punishment of violations
Status: in_force

A violation of this part or rules and regulations promulgated under this part is a Class C misdemeanor. Acts 1949, ch. 198, § 5; C. Supp. 1950, § 519.5; T.C.A. (orig. ed.), §§ 43-1305, 43-13-105; Acts 1989, ch. 591, § 113.
A violation of this part or rules and regulations promulgated under this part is a Class C misdemeanor.
Acts 1949, ch. 198, § 5; C. Supp. 1950, § 519.5; T.C.A. (orig. ed.), §§ 43-1305, 43-13-105; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 43-11-104 — TN Code / Title 43 / Chapter 11 / Section 43-11-104
Annual licence fee
Status: in_force

Every person who distributes commercial fertilizer in this state shall pay an annual license fee set by rule pursuant to § 43-1-703 . Amended by 2015 Tenn. Acts, ch. 485,s 11, eff. 7/1/2015. Acts 1969, ch. 102, § 4; T.C.A., § 43-1124; Acts 1988, ch. 544, § 3.
Every person who distributes commercial fertilizer in this state shall pay an annual license fee set by rule pursuant to § 43-1-703 .
Amended by 2015 Tenn. Acts, ch. 485,s 11, eff. 7/1/2015.
Acts 1969, ch. 102, § 4; T.C.A., § 43-1124; Acts 1988, ch. 544, § 3.
Tenn. Code Ann. § 43-38-621 — TN Code / Title 43 / Chapter 38 / Section 43-38-621
Standards for officers
Status: in_force

(a) An officer with discretionary authority shall discharge all duties under that authority: (1) In good faith; (2) With the care an ordinarily prudent person in a like position would exercise under similar circumstances; and (3) In a manner the officer reasonably believes to be in the best interest of the cooperative. (b) In discharging these duties, an officer is entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, if prepared or presented by: (1) One (1) or more officers or employees of the cooperative, or a subsidiary of the cooperative, whom the officer reasonably believes to be reliable and competent in the matter presented; or (2) Legal counsel, public accountants, or other persons as to matters the officer reasonably believes are within the person's professional or expert competence. (c) An officer is not acting in good faith if the officer has knowledge concerning the matter in question that makes reliance otherwise permitted by subsection (b) unwarranted. (d) An officer is not liable for any action taken as an officer or any failure to take any action, if the officer performed the duties of office in compliance with this section. Acts 2004, ch. 534, § 25.
(a) An officer with discretionary authority shall discharge all duties under that authority: (1) In good faith; (2) With the care an ordinarily prudent person in a like position would exercise under similar circumstances; and (3) In a manner the officer reasonably believes to be in the best interest of the cooperative.
(1) In good faith;
(2) With the care an ordinarily prudent person in a like position would exercise under similar circumstances; and
(3) In a manner the officer reasonably believes to be in the best interest of the cooperative.
(b) In discharging these duties, an officer is entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, if prepared or presented by: (1) One (1) or more officers or employees of the cooperative, or a subsidiary of the cooperative, whom the officer reasonably believes to be reliable and competent in the matter presented; or (2) Legal counsel, public accountants, or other persons as to matters the officer reasonably believes are within the person's professional or expert competence.
(1) One (1) or more officers or employees of the cooperative, or a subsidiary of the cooperative, whom the officer reasonably believes to be reliable and competent in the matter presented; or
(2) Legal counsel, public accountants, or other persons as to matters the officer reasonably believes are within the person's professional or expert competence.
(c) An officer is not acting in good faith if the officer has knowledge concerning the matter in question that makes reliance otherwise permitted by subsection (b) unwarranted.
(d) An officer is not liable for any action taken as an officer or any failure to take any action, if the officer performed the duties of office in compliance with this section.
Acts 2004, ch. 534, § 25.
Tenn. Code Ann. § 43-38-1012 — TN Code / Title 43 / Chapter 38 / Section 43-38-1012
Filing of articles of termination upon dissolution and completion of winding up of cooperative
Status: in_force

(a) The articles of termination shall be filed with the secretary of state upon the dissolution and the completion of winding up the cooperative. (b) Articles of termination shall set forth: (1) The name of the cooperative; (2) The date of filing of its articles of organization; (3) The reason for the filing of the articles of termination; (4) Whether known and potential creditors and claimants have been notified of the dissolution under § 43-38-1010 ; and (5) Any other information that the person filing the articles of termination determines necessary or desirable to include. Acts 2004, ch. 534, § 32.
(a) The articles of termination shall be filed with the secretary of state upon the dissolution and the completion of winding up the cooperative.
(b) Articles of termination shall set forth: (1) The name of the cooperative; (2) The date of filing of its articles of organization; (3) The reason for the filing of the articles of termination; (4) Whether known and potential creditors and claimants have been notified of the dissolution under § 43-38-1010 ; and (5) Any other information that the person filing the articles of termination determines necessary or desirable to include.
(1) The name of the cooperative;
(2) The date of filing of its articles of organization;
(3) The reason for the filing of the articles of termination;
(4) Whether known and potential creditors and claimants have been notified of the dissolution under § 43-38-1010 ; and
(5) Any other information that the person filing the articles of termination determines necessary or desirable to include.
Acts 2004, ch. 534, § 32.
Tenn. Code Ann. § 43-14-212 — TN Code / Title 43 / Chapter 14 / Section 43-14-212
Petitions for including additional territory within existing district
Status: in_force

Petitions for including additional territory within an existing district may be filed with the commission. The proceedings provided for in this part in the case of petitions to organize a district must be observed in the case of petitions for inclusion. The commission shall prescribe the form for such petitions, which must be substantially the same as the form for petitions to organize a district. If the number of landowners in the area proposed for inclusion is less than twenty-five (25), a referendum is not required if the petition is signed by a majority of the landowners of the area. In referenda upon petitions for inclusion, all landowners within the proposed additional area are eligible to vote. Amended by 2021 Tenn. Acts, ch. 203, s 2, eff. 4/22/2021. Acts 1939, ch. 197, § 5; 1941, ch. 83, § 1; C. Supp. 1950, § 552.5 (Williams, § 552.35); T.C.A. (orig. ed.), § 43-1512.
Petitions for including additional territory within an existing district may be filed with the commission. The proceedings provided for in this part in the case of petitions to organize a district must be observed in the case of petitions for inclusion. The commission shall prescribe the form for such petitions, which must be substantially the same as the form for petitions to organize a district. If the number of landowners in the area proposed for inclusion is less than twenty-five (25), a referendum is not required if the petition is signed by a majority of the landowners of the area. In referenda upon petitions for inclusion, all landowners within the proposed additional area are eligible to vote.
Amended by 2021 Tenn. Acts, ch. 203, s 2, eff. 4/22/2021.
Acts 1939, ch. 197, § 5; 1941, ch. 83, § 1; C. Supp. 1950, § 552.5 (Williams, § 552.35); T.C.A. (orig. ed.), § 43-1512.
Tenn. Code Ann. § 43-19-202 — TN Code / Title 43 / Chapter 19 / Section 43-19-202
Duties of proprietor or deputy
Status: in_force

It is the duty of the proprietor or one (1) of the proprietor's regular deputies to: (1) Inspect the uncasing and breaking of any tobacco for inspection, and examine and classify the tobacco according to law and the proprietor's or deputy's oath of office; (2) Break each hogshead for inspection, in at least four (4) different places, drawing from each break at least four (4) bundles or hands of tobacco, from different courses or layers, so as to get a fair and just representation of the quality and condition of the tobacco; (3) Place these bundles together in one (1) sample, stamp with the following seal: "State Tobacco Inspection," and mark with ink upon the label of the sample the name of the warehouse, the planter's name, the warehouse number of the hogshead and its approximate gross weight, the date of inspection, and the name of the sampler drawing the sample; (4) Mark "A," or "Admitted," all sound, clear, well assorted leaf tobacco, clear of lugs or trash, in good keeping order, and mark "R," or "Refused," all lugs or trash, or leaf mixed with lugs or trash, or clean leaf tobacco, if not in good keeping order; (5) Condemn all hogshead or casks that are insecure, or made of green or unsound timber, and mark, upon the label of the sample, "Cask Condemned"; the cost of putting such hogshead in proper merchantable order shall be charged to the owner of the tobacco; (6) Refuse to classify, and mark as "Damaged," expressing on the label the probable amount of damage, every hogshead so damaged that the sample drawn will not show the character and extent of damage; (7) Refuse to classify, and to mark "Condemned," any hogshead of tobacco that is falsely and fraudulently packed with intent to deceive, and give full information to the grand jury about such hogshead, from the proprietor's or deputy's books, when called upon to furnish the information; (8) Superintend the coopering and reweighing; see that each cask is replaced over the same tobacco from which it was taken; and mark the hogshead on both heads with distinct figures, specifying the correct weights; (9) Carefully enter in a book, to be provided and kept, for that purpose alone, an account of every hogshead of tobacco inspected, stating the planter's name, warehouse number, the gross weight, the tare, the net weight, the price at which it sold, the purchaser's name, and its quality, whether "Admitted" or "Refused"; and (10) Be personally present, and witness the breaking of any tobacco for inspection, and personally attach the proprietor's or deputy's seal to the sample drawn, and pay all just reclamations on tobacco improperly sampled by the proprietor or deputy. Acts 1870-1871, ch. 65, § 9; 1889, ch. 192, § 3; Shan., § 3389; Code 1932, § 6486; T.C.A. (orig. ed.), § 43-2111.
It is the duty of the proprietor or one (1) of the proprietor's regular deputies to:
(1) Inspect the uncasing and breaking of any tobacco for inspection, and examine and classify the tobacco according to law and the proprietor's or deputy's oath of office;
(2) Break each hogshead for inspection, in at least four (4) different places, drawing from each break at least four (4) bundles or hands of tobacco, from different courses or layers, so as to get a fair and just representation of the quality and condition of the tobacco;
(3) Place these bundles together in one (1) sample, stamp with the following seal: "State Tobacco Inspection," and mark with ink upon the label of the sample the name of the warehouse, the planter's name, the warehouse number of the hogshead and its approximate gross weight, the date of inspection, and the name of the sampler drawing the sample;
(4) Mark "A," or "Admitted," all sound, clear, well assorted leaf tobacco, clear of lugs or trash, in good keeping order, and mark "R," or "Refused," all lugs or trash, or leaf mixed with lugs or trash, or clean leaf tobacco, if not in good keeping order;
(5) Condemn all hogshead or casks that are insecure, or made of green or unsound timber, and mark, upon the label of the sample, "Cask Condemned"; the cost of putting such hogshead in proper merchantable order shall be charged to the owner of the tobacco;
(6) Refuse to classify, and mark as "Damaged," expressing on the label the probable amount of damage, every hogshead so damaged that the sample drawn will not show the character and extent of damage;
(7) Refuse to classify, and to mark "Condemned," any hogshead of tobacco that is falsely and fraudulently packed with intent to deceive, and give full information to the grand jury about such hogshead, from the proprietor's or deputy's books, when called upon to furnish the information;
(8) Superintend the coopering and reweighing; see that each cask is replaced over the same tobacco from which it was taken; and mark the hogshead on both heads with distinct figures, specifying the correct weights;
(9) Carefully enter in a book, to be provided and kept, for that purpose alone, an account of every hogshead of tobacco inspected, stating the planter's name, warehouse number, the gross weight, the tare, the net weight, the price at which it sold, the purchaser's name, and its quality, whether "Admitted" or "Refused"; and
(10) Be personally present, and witness the breaking of any tobacco for inspection, and personally attach the proprietor's or deputy's seal to the sample drawn, and pay all just reclamations on tobacco improperly sampled by the proprietor or deputy.
Acts 1870-1871, ch. 65, § 9; 1889, ch. 192, § 3; Shan., § 3389; Code 1932, § 6486; T.C.A. (orig. ed.), § 43-2111.
Tenn. Code Ann. § 43-19-214 — TN Code / Title 43 / Chapter 19 / Section 43-19-214
Fees and commissions of warehousemen
Status: in_force

The compensation of warehouse keepers for receiving, storing, inspecting, coopering, and selling tobacco shall be as follows, to wit: (1) To be paid by the seller, two dollars and fifty cents ($2.50), and one percent (1%) commission on proceeds of sale; (2) To be paid by buyer, one dollar and fifty cents ($1.50), and for storage after sale, after the first thirty (30) days, for each month or part of a month, twenty-five cents (25¢). Acts 1870-1871, ch. 65, § 20; 1889, ch. 192, § 6; Shan., § 3399; Code 1932, § 6498; T.C.A. (orig. ed.), § 43-2123.
The compensation of warehouse keepers for receiving, storing, inspecting, coopering, and selling tobacco shall be as follows, to wit:
(1) To be paid by the seller, two dollars and fifty cents ($2.50), and one percent (1%) commission on proceeds of sale;
(2) To be paid by buyer, one dollar and fifty cents ($1.50), and for storage after sale, after the first thirty (30) days, for each month or part of a month, twenty-five cents (25¢).
Acts 1870-1871, ch. 65, § 20; 1889, ch. 192, § 6; Shan., § 3399; Code 1932, § 6498; T.C.A. (orig. ed.), § 43-2123.
Tenn. Code Ann. § 43-38-620 — TN Code / Title 43 / Chapter 38 / Section 43-38-620
Residency requirements for officers
Status: in_force

Officers need not be residents of this state or members of the cooperative, unless the articles or bylaws so require. The articles or bylaws may prescribe other qualifications for officers. Acts 2004, ch. 534, § 25.
Officers need not be residents of this state or members of the cooperative, unless the articles or bylaws so require. The articles or bylaws may prescribe other qualifications for officers.
Acts 2004, ch. 534, § 25.
Tenn. Code Ann. § 43-10-115 — TN Code / Title 43 / Chapter 10 / Section 43-10-115
Seizure
Status: in_force

Any lot of agricultural or vegetable seeds, mixtures of such seeds, or screenings being sold, exposed for sale, offered for sale or held with intent to sell in this state contrary to this part shall be subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the locality in which the seeds, mixtures of such seeds, or screenings are located. In the event the court finds the seed to be in violation of this part and orders the condemnation thereof, the seeds, mixtures of such seeds, or screenings shall be denatured, conditioned, destroyed, relabeled, or otherwise disposed of in compliance with the laws of this state; provided, that in no instance shall such disposition of the seeds, mixtures of the seeds, or screenings be ordered by the court without first having given the claimant an opportunity to apply to the court for the release of the seeds, mixtures of the seeds, or screenings, or permission to condition or relabel to bring them into compliance with this part. Acts 1986, ch. 660, § 16.
Any lot of agricultural or vegetable seeds, mixtures of such seeds, or screenings being sold, exposed for sale, offered for sale or held with intent to sell in this state contrary to this part shall be subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the locality in which the seeds, mixtures of such seeds, or screenings are located. In the event the court finds the seed to be in violation of this part and orders the condemnation thereof, the seeds, mixtures of such seeds, or screenings shall be denatured, conditioned, destroyed, relabeled, or otherwise disposed of in compliance with the laws of this state; provided, that in no instance shall such disposition of the seeds, mixtures of the seeds, or screenings be ordered by the court without first having given the claimant an opportunity to apply to the court for the release of the seeds, mixtures of the seeds, or screenings, or permission to condition or relabel to bring them into compliance with this part.
Acts 1986, ch. 660, § 16.
Tenn. Code Ann. § 43-19-107 — TN Code / Title 43 / Chapter 19 / Section 43-19-107
Scales to be kept and tested
Status: in_force

The proprietor shall keep good and sufficient scales for weighing tobacco, which shall be tested at the beginning of each tobacco commerical year, and every three (3) months thereafter, by the keeper and sealer of weights for the county, and at any time when written application is made by two (2) or more planters or burghers. Acts 1870-1871, ch. 65, § 7; Shan., § 3385; Code 1932, § 6482; T.C.A. (orig. ed.), § 43-2107.
The proprietor shall keep good and sufficient scales for weighing tobacco, which shall be tested at the beginning of each tobacco commerical year, and every three (3) months thereafter, by the keeper and sealer of weights for the county, and at any time when written application is made by two (2) or more planters or burghers.
Acts 1870-1871, ch. 65, § 7; Shan., § 3385; Code 1932, § 6482; T.C.A. (orig. ed.), § 43-2107.
Tenn. Code Ann. § 43-1-603 — TN Code / Title 43 / Chapter 1 / Section 43-1-603
Terms of members
Status: in_force

The term of office of each appointive member shall be two (2), four (4), and six (6) years, respectively, the tenure of office to be designated by the governor at the time of the original 1937 appointments. Acts 1937, ch. 43, § 3.
The term of office of each appointive member shall be two (2), four (4), and six (6) years, respectively, the tenure of office to be designated by the governor at the time of the original 1937 appointments.
Acts 1937, ch. 43, § 3.
Tenn. Code Ann. § 43-38-1009 — TN Code / Title 43 / Chapter 38 / Section 43-38-1009
Collection and payment of debts - Transfer of assets - Distribution to members
Status: in_force

(a) After the notice of intent to dissolve has been filed with the secretary of state, the board, or the officers acting under the direction of the board, shall proceed as soon as possible to: (1) Collect or make provision for the collection of all debts due or owing to the cooperative, including unpaid subscriptions for shares; and (2) Pay or make provision for the payment of all debts, obligations and liabilities of the cooperative according to their priorities. (b) After the notice of intent to dissolve has been filed with the secretary of state, the board may sell, lease, transfer or otherwise dispose of all or substantially all of the property and assets of the dissolving cooperative without a vote of the members. (c) Tangible and intangible property, including money, remaining after the discharge of the debts, obligations and liabilities of the cooperative may be distributed to the members and former members as provided in the bylaws. If previously authorized by the members, the tangible and intangible property of the cooperative may be liquidated and disposed of at the discretion of the board. Acts 2004, ch. 534, § 32.
(a) After the notice of intent to dissolve has been filed with the secretary of state, the board, or the officers acting under the direction of the board, shall proceed as soon as possible to: (1) Collect or make provision for the collection of all debts due or owing to the cooperative, including unpaid subscriptions for shares; and (2) Pay or make provision for the payment of all debts, obligations and liabilities of the cooperative according to their priorities.
(1) Collect or make provision for the collection of all debts due or owing to the cooperative, including unpaid subscriptions for shares; and
(2) Pay or make provision for the payment of all debts, obligations and liabilities of the cooperative according to their priorities.
(b) After the notice of intent to dissolve has been filed with the secretary of state, the board may sell, lease, transfer or otherwise dispose of all or substantially all of the property and assets of the dissolving cooperative without a vote of the members.
(c) Tangible and intangible property, including money, remaining after the discharge of the debts, obligations and liabilities of the cooperative may be distributed to the members and former members as provided in the bylaws. If previously authorized by the members, the tangible and intangible property of the cooperative may be liquidated and disposed of at the discretion of the board.
Acts 2004, ch. 534, § 32.
Tenn. Code Ann. § 43-32-101 — TN Code / Title 43 / Chapter 32 / Section 43-32-101
Short title
Status: in_force

This part shall be known and may be cited as the "Tennessee Commodity Dealer and Warehouse Law." Acts 1989, ch. 232, § 2.
This part shall be known and may be cited as the "Tennessee Commodity Dealer and Warehouse Law."
Acts 1989, ch. 232, § 2.
Tenn. Code Ann. § 43-8-309 — TN Code / Title 43 / Chapter 8 / Section 43-8-309
State of emergency - Temporary permits - Fee - Bond of nonresidents
Status: in_force

(a) The commissioner is authorized to declare a state of emergency if there is an epidemic or plague of such proportions to endanger public health and safety, or to threaten loss or severe damage to a crop. Under such conditions, the commissioner is authorized or empowered to permit additional commercial aerial applicators to operate within the state and shall issue temporary permits for the same. A fee of one hundred dollars ($100) shall accompany each application for a permit. (b) All nonresident licensees or nonresident persons issued temporary permits shall file with the department an acceptable liability insurance policy in the amount of one hundred thousand dollars ($100,000) guaranteeing an answer for damages resulting from custom application of pesticides. In addition, every nonresident licensee is required to appoint a resident service agent. Acts 1973, ch. 90, § 9; 1974, ch. 431, § 1; 1975, ch. 209, § 4; 1977, ch. 210, § 4; T.C.A., §§ 43-2909, 43-9-109.
(a) The commissioner is authorized to declare a state of emergency if there is an epidemic or plague of such proportions to endanger public health and safety, or to threaten loss or severe damage to a crop. Under such conditions, the commissioner is authorized or empowered to permit additional commercial aerial applicators to operate within the state and shall issue temporary permits for the same. A fee of one hundred dollars ($100) shall accompany each application for a permit.
(b) All nonresident licensees or nonresident persons issued temporary permits shall file with the department an acceptable liability insurance policy in the amount of one hundred thousand dollars ($100,000) guaranteeing an answer for damages resulting from custom application of pesticides. In addition, every nonresident licensee is required to appoint a resident service agent.
Acts 1973, ch. 90, § 9; 1974, ch. 431, § 1; 1975, ch. 209, § 4; 1977, ch. 210, § 4; T.C.A., §§ 43-2909, 43-9-109.
Tenn. Code Ann. § 43-38-1023 — TN Code / Title 43 / Chapter 38 / Section 43-38-1023
Certified copy of dissolution
Status: in_force

After the court enters an order dissolving a cooperative, the court administrator shall cause a certified copy of the dissolution order to be filed with the secretary of state. The secretary of state may not charge a fee for filing the dissolution order. Acts 2004, ch. 534, § 32.
After the court enters an order dissolving a cooperative, the court administrator shall cause a certified copy of the dissolution order to be filed with the secretary of state. The secretary of state may not charge a fee for filing the dissolution order.
Acts 2004, ch. 534, § 32.
Tenn. Code Ann. § 43-14-204 — TN Code / Title 43 / Chapter 14 / Section 43-14-204
Employment of administrative officer and others - Legal services - Delegation of powers and duties
Status: in_force

(a) The commission may employ an administrative officer and technical experts and other agents and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties, and compensation. (b) The commission may call upon the attorney general and reporter for legal services as it may require. (c) The commission may delegate its powers and duties to its chair, to one (1) or more of its members, or to one (1) or more of its agents or employees. Amended by 2021 Tenn. Acts, ch. 203, s 2, eff. 4/22/2021. Acts 1939, ch. 197, § 4; C. Supp. 1950, § 552.4 (Williams, § 552.34); Acts 1957, ch. 158, § 1; 1976, ch. 806, § 1(80); T.C.A. (orig. ed.), § 43-1504.
(a) The commission may employ an administrative officer and technical experts and other agents and employees, permanent and temporary, as it may require, and shall determine their qualifications, duties, and compensation.
(b) The commission may call upon the attorney general and reporter for legal services as it may require.
(c) The commission may delegate its powers and duties to its chair, to one (1) or more of its members, or to one (1) or more of its agents or employees.
Amended by 2021 Tenn. Acts, ch. 203, s 2, eff. 4/22/2021.
Acts 1939, ch. 197, § 4; C. Supp. 1950, § 552.4 (Williams, § 552.34); Acts 1957, ch. 158, § 1; 1976, ch. 806, § 1(80); T.C.A. (orig. ed.), § 43-1504.
Tenn. Code Ann. § 43-20-102 — TN Code / Title 43 / Chapter 20 / Section 43-20-102
Board - Composition - Appointment - Terms - Bond of officers - Meetings - Rules and regulations - Compensation
Status: in_force

(a) The Tennessee soybean promotion board, referred to in this chapter as the board, is created, to be composed of nine (9) members to be appointed by the commissioner of agriculture to serve for terms of three (3) years, as provided in this section. All of the nine (9) members of the board shall be producers of soybeans in the state of Tennessee. Within ten (10) days following July 1, 1977, the Tennessee Farm Bureau Federation, the Tennessee Farmers Cooperative, and the Tennessee Soybean Association shall each submit the names of six (6) soybean producers to the commissioner, and the commissioner shall appoint three (3) members from the nominees of each organization to serve on the board on rotating three-year terms. The original board shall be appointed with members of each of the organizations appointed as follows: one (1) for one (1) year, one (1) for two (2) years and one (1) for three (3) years. Each year thereafter, not less than thirty (30) days prior to the expiration of board members' terms, each organization shall submit the names of three (3) nominees to the commissioner, and succeeding boards shall be appointed by the commissioner in the same manner, giving equal representation to each organization. Vacancies that occur shall be filled in the same manner as the original appointments were made. Persons who are appointed to the board shall serve no more than two (2) consecutive terms. The commissioner or a designee from the commissioner's staff shall serve as an advisor to the board. (b) The members of the board shall meet and organize within thirty (30) days of their appointment, and shall elect a chair, vice chair and secretary-treasurer from the membership of the board, each to serve for one-year terms, whose duties shall be those customarily exercised by such officers or specifically designated by the board. The chair, vice chair and secretary-treasurer shall be bonded in an amount of not less than twenty thousand dollars ($20,000). The cost of the bonds shall be paid from the funds received under this part. The bond shall be a security for any unlawful act of such member of the board, and recovery on the bond may be had by the state for any injury by such unlawful act of the member. The board may establish rules and regulations for its own government and the administration of the affairs of the board. (c) Members of the board shall not be compensated but shall be reimbursed travel expenses in accordance with the travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter. Amended by 2014 Tenn. Acts, ch. 620,Secs.s3, s5 eff. 4/4/2014. Acts 1977, ch. 208, § 2; T.C.A., § 43-3002; Acts 1985, ch. 108, §§ 16, 17; 1987, ch. 183, §§ 3, 4; 1987, ch. 352, §§ 3, 4.
(a) The Tennessee soybean promotion board, referred to in this chapter as the board, is created, to be composed of nine (9) members to be appointed by the commissioner of agriculture to serve for terms of three (3) years, as provided in this section. All of the nine (9) members of the board shall be producers of soybeans in the state of Tennessee. Within ten (10) days following July 1, 1977, the Tennessee Farm Bureau Federation, the Tennessee Farmers Cooperative, and the Tennessee Soybean Association shall each submit the names of six (6) soybean producers to the commissioner, and the commissioner shall appoint three (3) members from the nominees of each organization to serve on the board on rotating three-year terms. The original board shall be appointed with members of each of the organizations appointed as follows: one (1) for one (1) year, one (1) for two (2) years and one (1) for three (3) years. Each year thereafter, not less than thirty (30) days prior to the expiration of board members' terms, each organization shall submit the names of three (3) nominees to the commissioner, and succeeding boards shall be appointed by the commissioner in the same manner, giving equal representation to each organization. Vacancies that occur shall be filled in the same manner as the original appointments were made. Persons who are appointed to the board shall serve no more than two (2) consecutive terms. The commissioner or a designee from the commissioner's staff shall serve as an advisor to the board.
(b) The members of the board shall meet and organize within thirty (30) days of their appointment, and shall elect a chair, vice chair and secretary-treasurer from the membership of the board, each to serve for one-year terms, whose duties shall be those customarily exercised by such officers or specifically designated by the board. The chair, vice chair and secretary-treasurer shall be bonded in an amount of not less than twenty thousand dollars ($20,000). The cost of the bonds shall be paid from the funds received under this part. The bond shall be a security for any unlawful act of such member of the board, and recovery on the bond may be had by the state for any injury by such unlawful act of the member. The board may establish rules and regulations for its own government and the administration of the affairs of the board.
(c) Members of the board shall not be compensated but shall be reimbursed travel expenses in accordance with the travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.
Amended by 2014 Tenn. Acts, ch. 620,Secs.s3, s5 eff. 4/4/2014.
Acts 1977, ch. 208, § 2; T.C.A., § 43-3002; Acts 1985, ch. 108, §§ 16, 17; 1987, ch. 183, §§ 3, 4; 1987, ch. 352, §§ 3, 4.
Tenn. Code Ann. § 43-21-108 — TN Code / Title 43 / Chapter 21 / Section 43-21-108
List of premium winners and receipts to be furnished commissioner before payment
Status: in_force

Before the commissioner of agriculture pays state aid to any fair association, the association shall file with the commissioner, over the signature of the secretary, a typewritten report of approved premiums paid by the association, namely, those outlined in § 43-21-106 . This report shall show the name and address of each premium winner, the amount paid to each winner, the name of each winning entry, and the total amount paid to all winners. The secretary of the fair shall send to the commissioner, together with the report outlined above, the cancelled checks, or signed receipts, used in paying the premiums listed on the report. The commissioner may accept a certified summary of premiums paid by a fair association who has paid approved agriculture premiums in excess of fifteen thousand dollars ($15,000); provided, that any fair may submit a statement prepared and certified by an accountant instead of the certified summary. Acts 1949, ch. 156, § 7; C. Supp. 1950, § 552.39 (Williams, § 552.62); Acts 1974, ch. 430, § 1; 1978, ch. 596, § 1; T.C.A. (orig. ed.), § 43-2408.
Before the commissioner of agriculture pays state aid to any fair association, the association shall file with the commissioner, over the signature of the secretary, a typewritten report of approved premiums paid by the association, namely, those outlined in § 43-21-106 . This report shall show the name and address of each premium winner, the amount paid to each winner, the name of each winning entry, and the total amount paid to all winners. The secretary of the fair shall send to the commissioner, together with the report outlined above, the cancelled checks, or signed receipts, used in paying the premiums listed on the report. The commissioner may accept a certified summary of premiums paid by a fair association who has paid approved agriculture premiums in excess of fifteen thousand dollars ($15,000); provided, that any fair may submit a statement prepared and certified by an accountant instead of the certified summary.
Acts 1949, ch. 156, § 7; C. Supp. 1950, § 552.39 (Williams, § 552.62); Acts 1974, ch. 430, § 1; 1978, ch. 596, § 1; T.C.A. (orig. ed.), § 43-2408.
Tenn. Code Ann. § 43-38-403 — TN Code / Title 43 / Chapter 38 / Section 43-38-403
Filing of amendments
Status: in_force

A cooperative amending its articles of organization shall deliver to the secretary of state for filing articles of amendment setting forth: (1) The name of the cooperative; (2) The text of each amendment adopted; (3) The date of each amendment's adoption; (4) If an amendment was duly adopted by the board of directors without member action, a statement to that effect and that member action was not required; and (5) If an amendment was duly adopted by the members, a statement to that effect. Acts 2004, ch. 534, § 9.
A cooperative amending its articles of organization shall deliver to the secretary of state for filing articles of amendment setting forth:
(1) The name of the cooperative;
(2) The text of each amendment adopted;
(3) The date of each amendment's adoption;
(4) If an amendment was duly adopted by the board of directors without member action, a statement to that effect and that member action was not required; and
(5) If an amendment was duly adopted by the members, a statement to that effect.
Acts 2004, ch. 534, § 9.
Tenn. Code Ann. § 43-32-109 — TN Code / Title 43 / Chapter 32 / Section 43-32-109
Violations - Penalties
Status: in_force

(a) With the exception of incidental commodity dealers, nonsecured, failure of a commodity dealer or warehouseman to file a bond or certificate of deposit and to keep the bond or certificate of deposit in force or to maintain assets adequate to assure payment to producers for commodities purchased from or stored for them shall be grounds for the suspension or revocation of a license issued under this chapter. (b) Any person who engages in business as a commodity dealer or warehouseman without securing a license, or who does not have a valid license or is in violation of this chapter or the rules and regulations promulgated under this chapter, or who impedes, obstructs, hinders, or otherwise prevents or attempts to prevent the commissioner or the commissioner's duly authorized agent in the performance of that officer's duty in connection with this chapter or its rules and regulations, or any commodity dealer or warehouseman, or any officer, agent or employee of a commodity dealer or warehouseman, who refuses to permit inspection of that person's premises, books, accounts, or records as provided in this chapter commits a Class A misdemeanor. In case of a continuing violation or violations, each day that each violation occurs constitutes a separate and distinct offense. (c) Any commodity dealer or warehouseman, or officer, agent, or employee of a commodity dealer or warehouseman, who withholds records, keeps or files false records or who inaccurately alters records or presents to the department any materially false records commits a Class E felony. (d) It is the duty of each district attorney general to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in the appropriate court without delay. Before the commissioner reports a violation for prosecution, the commissioner may give the commodity dealer or warehouseman, or the officer, agent or employee of the commodity dealer or warehouseman, an opportunity to present such person's views at a hearing. (e) The commissioner may file a complaint and apply for, and the appropriate court may grant, a temporary restraining order or preliminary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rules and regulations promulgated under this chapter, notwithstanding the existence of other judicial remedies. Any such injunction may be entered without notice and without bond. (f) The commissioner may prohibit a commodity dealer or warehouseman from disposing of any commodities owned, in whole or in part, or held or in that person's possession, whether owned in whole or in part, or may prohibit anyone from removing any commodities in which the commodity dealer or warehouseman or producers from which that person has purchased commodities have an interest; and shall have authority for the disposition of the commodities to carry out the intent of this chapter. Acts 1989, ch. 232, § 9; 1989, ch. 591, §§ 1, 6; 2006, ch. 656, § 8.
(a) With the exception of incidental commodity dealers, nonsecured, failure of a commodity dealer or warehouseman to file a bond or certificate of deposit and to keep the bond or certificate of deposit in force or to maintain assets adequate to assure payment to producers for commodities purchased from or stored for them shall be grounds for the suspension or revocation of a license issued under this chapter.
(b) Any person who engages in business as a commodity dealer or warehouseman without securing a license, or who does not have a valid license or is in violation of this chapter or the rules and regulations promulgated under this chapter, or who impedes, obstructs, hinders, or otherwise prevents or attempts to prevent the commissioner or the commissioner's duly authorized agent in the performance of that officer's duty in connection with this chapter or its rules and regulations, or any commodity dealer or warehouseman, or any officer, agent or employee of a commodity dealer or warehouseman, who refuses to permit inspection of that person's premises, books, accounts, or records as provided in this chapter commits a Class A misdemeanor. In case of a continuing violation or violations, each day that each violation occurs constitutes a separate and distinct offense.
(c) Any commodity dealer or warehouseman, or officer, agent, or employee of a commodity dealer or warehouseman, who withholds records, keeps or files false records or who inaccurately alters records or presents to the department any materially false records commits a Class E felony.
(d) It is the duty of each district attorney general to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in the appropriate court without delay. Before the commissioner reports a violation for prosecution, the commissioner may give the commodity dealer or warehouseman, or the officer, agent or employee of the commodity dealer or warehouseman, an opportunity to present such person's views at a hearing.
(e) The commissioner may file a complaint and apply for, and the appropriate court may grant, a temporary restraining order or preliminary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rules and regulations promulgated under this chapter, notwithstanding the existence of other judicial remedies. Any such injunction may be entered without notice and without bond.
(f) The commissioner may prohibit a commodity dealer or warehouseman from disposing of any commodities owned, in whole or in part, or held or in that person's possession, whether owned in whole or in part, or may prohibit anyone from removing any commodities in which the commodity dealer or warehouseman or producers from which that person has purchased commodities have an interest; and shall have authority for the disposition of the commodities to carry out the intent of this chapter.
Acts 1989, ch. 232, § 9; 1989, ch. 591, §§ 1, 6; 2006, ch. 656, § 8.
Tenn. Code Ann. § 43-6-502 — TN Code / Title 43 / Chapter 6 / Section 43-6-502
Study of biological suppression program
Status: in_force

(a) The University of Tennessee shall initiate and administer a two-year black fly suppression program using a biological control agent in the Greenbrier Valley and the areas adjacent to the Pigeon River under the supervision of the department of agriculture. The university shall study the biological and socioeconomic effects of the suppression program on the region. The university shall report its findings to the department of agriculture and the department of environment and conservation. The university shall also report the results of the program to the energy, agriculture and natural resources committee of the senate and the agriculture and natural resources committee of the house of representatives. (b) The Tennessee wildlife resources agency is authorized to participate in the black fly suppression program in order to promote wildlife management by improving the quality of hunting and fishing conditions in the subject area. (c) None of the funds for the program authorized by this section shall be expended until all authorizations required by law have become final and effective, including, but not limited to, a permit required by the Water Quality Control Act of 1977, compiled in title 69, chapter 3, part 1. Amended by 2013 Tenn. Acts, ch. 236,s 75, eff. 4/19/2013. Acts 2006, ch. 981, § 1; 2007, ch. 563, § 1; 2012, ch. 604, § 16.
(a) The University of Tennessee shall initiate and administer a two-year black fly suppression program using a biological control agent in the Greenbrier Valley and the areas adjacent to the Pigeon River under the supervision of the department of agriculture. The university shall study the biological and socioeconomic effects of the suppression program on the region. The university shall report its findings to the department of agriculture and the department of environment and conservation. The university shall also report the results of the program to the energy, agriculture and natural resources committee of the senate and the agriculture and natural resources committee of the house of representatives.
(b) The Tennessee wildlife resources agency is authorized to participate in the black fly suppression program in order to promote wildlife management by improving the quality of hunting and fishing conditions in the subject area.
(c) None of the funds for the program authorized by this section shall be expended until all authorizations required by law have become final and effective, including, but not limited to, a permit required by the Water Quality Control Act of 1977, compiled in title 69, chapter 3, part 1.
Amended by 2013 Tenn. Acts, ch. 236,s 75, eff. 4/19/2013.
Acts 2006, ch. 981, § 1; 2007, ch. 563, § 1; 2012, ch. 604, § 16.
Tenn. Code Ann. § 43-19-204 — TN Code / Title 43 / Chapter 19 / Section 43-19-204
Responsibility of keeper
Status: in_force

After the tobacco is inspected, coopered, weighed, and numbered, the warehouse keeper becomes responsible to the planter or owner for the weights and proper keeping of the tobacco. Acts 1870-1871, ch. 65, § 10; Shan., § 3390; Code 1932, § 6488; T.C.A. (orig. ed.), § 43-2113.
After the tobacco is inspected, coopered, weighed, and numbered, the warehouse keeper becomes responsible to the planter or owner for the weights and proper keeping of the tobacco.
Acts 1870-1871, ch. 65, § 10; Shan., § 3390; Code 1932, § 6488; T.C.A. (orig. ed.), § 43-2113.
Tenn. Code Ann. § 43-38-113 — TN Code / Title 43 / Chapter 38 / Section 43-38-113
Powers of cooperative
Status: in_force

(a) In addition to the other powers listed in this section, unless the articles of organization provide otherwise, a cooperative as an agent or otherwise: (1) May perform every act and thing necessary or proper to the conduct of the cooperative's business or the accomplishment of the purposes of the cooperative; (2) Has other rights, powers, or privileges granted by the laws of this state to other cooperatives, except those that are inconsistent with the express provisions of this chapter; and (3) Has the powers given in this section. (b) A cooperative may: (1) Buy, sell, or deal in its own products, the products of the cooperative's individual members, patrons or nonmembers, the products of another cooperative association, or of its members or patrons, or the products of another person or entity. A cooperative may negotiate the price at which the products the cooperative is selling may be sold; (2) Enter into or become a party to a contract or agreement for the cooperative or for the cooperative's individual members or patrons or between the cooperative and its members; (3) Purchase and hold, lease, mortgage, encumber, sell, exchange and convey as a legal entity real estate, buildings and personal property as the business of the cooperative may require, including the sale or other disposition of assets required by the business of the cooperative as determined by the board; (4) Erect buildings or other structures or facilities on the cooperative's owned or leased property or on a right-of-way legally acquired by the cooperative; (5) Issue bonds or other evidence of indebtedness and may borrow money to finance the business of the cooperative; (6) Make advances to the cooperative's members or patrons on products delivered by the members or patrons to the cooperative; (7) Accept deposits of money from other cooperatives, associations or members from which it is constituted; (8) Loan or borrow money to or from individual members, cooperatives or associations from which it is constituted with security that it considers sufficient in dealing with the members, cooperatives, or associations; (9) Purchase, acquire, hold, or dispose of the ownership interests of another business entity, whether organized under the laws of this state or another state, and assume all rights, interests, privileges, responsibilities and obligations arising out of the ownership interests; (10) Acquire and hold ownership interests in another business entity organized under the laws of this state or another state of the United States, including a business entity organized: (A) As a federation of associations; (B) For the purpose of forming a district, state, or national marketing, sales or service agency; or (C) For the purpose of acquiring marketing facilities at terminal or other markets in this state or other states; (11) Purchase, own, and hold ownership interests, including stock and other equity interests, memberships, interests in nonstock capital, evidences of indebtedness of any domestic business entity when reasonably necessary or incidental to accomplish the purposes stated in the articles; (12) Exercise any and all fiduciary powers in relations with members, cooperatives, associations or business entities from which it is constituted; (13) Take, receive, and hold real and personal property, including the principal and interest of money or other funds and rights in a contract, in trust for any purpose not inconsistent with the purposes of the cooperative in its articles and may exercise fiduciary powers in relation to taking, receiving, and holding the real and personal property; (14) Sue and be sued, complain and defend in its corporate name; (15) Have a corporate seal, which may be altered at will, and use it, or a facsimile of it, by impressing or affixing it or in any other manner reproducing it; (16) Make and amend bylaws, not inconsistent with its articles of organization or with the laws of this state, for managing the business and regulating the affairs of the cooperative; (17) Make donations for the public welfare or for charitable, scientific or educational purposes; (18) Make payments or donations, or do any other act, not inconsistent with law, that furthers the business and affairs of the cooperative; (19) Procure insurance on the life of the directors, officers, and employees of the cooperative; (20) Accept gifts; and (21) Accept contributions under § 43-38-501 . Acts 2004, ch. 534, § 11.
(a) In addition to the other powers listed in this section, unless the articles of organization provide otherwise, a cooperative as an agent or otherwise: (1) May perform every act and thing necessary or proper to the conduct of the cooperative's business or the accomplishment of the purposes of the cooperative; (2) Has other rights, powers, or privileges granted by the laws of this state to other cooperatives, except those that are inconsistent with the express provisions of this chapter; and (3) Has the powers given in this section.
(1) May perform every act and thing necessary or proper to the conduct of the cooperative's business or the accomplishment of the purposes of the cooperative;
(2) Has other rights, powers, or privileges granted by the laws of this state to other cooperatives, except those that are inconsistent with the express provisions of this chapter; and
(3) Has the powers given in this section.
(b) A cooperative may: (1) Buy, sell, or deal in its own products, the products of the cooperative's individual members, patrons or nonmembers, the products of another cooperative association, or of its members or patrons, or the products of another person or entity. A cooperative may negotiate the price at which the products the cooperative is selling may be sold; (2) Enter into or become a party to a contract or agreement for the cooperative or for the cooperative's individual members or patrons or between the cooperative and its members; (3) Purchase and hold, lease, mortgage, encumber, sell, exchange and convey as a legal entity real estate, buildings and personal property as the business of the cooperative may require, including the sale or other disposition of assets required by the business of the cooperative as determined by the board; (4) Erect buildings or other structures or facilities on the cooperative's owned or leased property or on a right-of-way legally acquired by the cooperative; (5) Issue bonds or other evidence of indebtedness and may borrow money to finance the business of the cooperative; (6) Make advances to the cooperative's members or patrons on products delivered by the members or patrons to the cooperative; (7) Accept deposits of money from other cooperatives, associations or members from which it is constituted; (8) Loan or borrow money to or from individual members, cooperatives or associations from which it is constituted with security that it considers sufficient in dealing with the members, cooperatives, or associations; (9) Purchase, acquire, hold, or dispose of the ownership interests of another business entity, whether organized under the laws of this state or another state, and assume all rights, interests, privileges, responsibilities and obligations arising out of the ownership interests; (10) Acquire and hold ownership interests in another business entity organized under the laws of this state or another state of the United States, including a business entity organized: (A) As a federation of associations; (B) For the purpose of forming a district, state, or national marketing, sales or service agency; or (C) For the purpose of acquiring marketing facilities at terminal or other markets in this state or other states; (11) Purchase, own, and hold ownership interests, including stock and other equity interests, memberships, interests in nonstock capital, evidences of indebtedness of any domestic business entity when reasonably necessary or incidental to accomplish the purposes stated in the articles; (12) Exercise any and all fiduciary powers in relations with members, cooperatives, associations or business entities from which it is constituted; (13) Take, receive, and hold real and personal property, including the principal and interest of money or other funds and rights in a contract, in trust for any purpose not inconsistent with the purposes of the cooperative in its articles and may exercise fiduciary powers in relation to taking, receiving, and holding the real and personal property; (14) Sue and be sued, complain and defend in its corporate name; (15) Have a corporate seal, which may be altered at will, and use it, or a facsimile of it, by impressing or affixing it or in any other manner reproducing it; (16) Make and amend bylaws, not inconsistent with its articles of organization or with the laws of this state, for managing the business and regulating the affairs of the cooperative; (17) Make donations for the public welfare or for charitable, scientific or educational purposes; (18) Make payments or donations, or do any other act, not inconsistent with law, that furthers the business and affairs of the cooperative; (19) Procure insurance on the life of the directors, officers, and employees of the cooperative; (20) Accept gifts; and (21) Accept contributions under § 43-38-501 .
(1) Buy, sell, or deal in its own products, the products of the cooperative's individual members, patrons or nonmembers, the products of another cooperative association, or of its members or patrons, or the products of another person or entity. A cooperative may negotiate the price at which the products the cooperative is selling may be sold;
(2) Enter into or become a party to a contract or agreement for the cooperative or for the cooperative's individual members or patrons or between the cooperative and its members;
(3) Purchase and hold, lease, mortgage, encumber, sell, exchange and convey as a legal entity real estate, buildings and personal property as the business of the cooperative may require, including the sale or other disposition of assets required by the business of the cooperative as determined by the board;
(4) Erect buildings or other structures or facilities on the cooperative's owned or leased property or on a right-of-way legally acquired by the cooperative;
(5) Issue bonds or other evidence of indebtedness and may borrow money to finance the business of the cooperative;
(6) Make advances to the cooperative's members or patrons on products delivered by the members or patrons to the cooperative;
(7) Accept deposits of money from other cooperatives, associations or members from which it is constituted;
(8) Loan or borrow money to or from individual members, cooperatives or associations from which it is constituted with security that it considers sufficient in dealing with the members, cooperatives, or associations;
(9) Purchase, acquire, hold, or dispose of the ownership interests of another business entity, whether organized under the laws of this state or another state, and assume all rights, interests, privileges, responsibilities and obligations arising out of the ownership interests;
(10) Acquire and hold ownership interests in another business entity organized under the laws of this state or another state of the United States, including a business entity organized: (A) As a federation of associations; (B) For the purpose of forming a district, state, or national marketing, sales or service agency; or (C) For the purpose of acquiring marketing facilities at terminal or other markets in this state or other states;
(A) As a federation of associations;
(B) For the purpose of forming a district, state, or national marketing, sales or service agency; or
(C) For the purpose of acquiring marketing facilities at terminal or other markets in this state or other states;
(11) Purchase, own, and hold ownership interests, including stock and other equity interests, memberships, interests in nonstock capital, evidences of indebtedness of any domestic business entity when reasonably necessary or incidental to accomplish the purposes stated in the articles;
(12) Exercise any and all fiduciary powers in relations with members, cooperatives, associations or business entities from which it is constituted;
(13) Take, receive, and hold real and personal property, including the principal and interest of money or other funds and rights in a contract, in trust for any purpose not inconsistent with the purposes of the cooperative in its articles and may exercise fiduciary powers in relation to taking, receiving, and holding the real and personal property;
(14) Sue and be sued, complain and defend in its corporate name;
(15) Have a corporate seal, which may be altered at will, and use it, or a facsimile of it, by impressing or affixing it or in any other manner reproducing it;
(16) Make and amend bylaws, not inconsistent with its articles of organization or with the laws of this state, for managing the business and regulating the affairs of the cooperative;
(17) Make donations for the public welfare or for charitable, scientific or educational purposes;
(18) Make payments or donations, or do any other act, not inconsistent with law, that furthers the business and affairs of the cooperative;
(19) Procure insurance on the life of the directors, officers, and employees of the cooperative;
(20) Accept gifts; and
(21) Accept contributions under § 43-38-501 .
Acts 2004, ch. 534, § 11.
Tenn. Code Ann. § 43-38-303 — TN Code / Title 43 / Chapter 38 / Section 43-38-303
Emergency bylaws
Status: in_force

(a) Unless the article provides otherwise, the board of directors or the organizers of a cooperative may adopt bylaws to be effective only in an emergency. The emergency bylaws, which are subject to amendment or repeal by the members, may make all provisions necessary for managing the cooperative during the emergency, including: (1) Procedures for calling a meeting of the board of directors; (2) Quorum requirements for the meeting; and (3) Designation of additional or substitute directors. (b) All provisions of the regular bylaws consistent with the emergency bylaws remain effective during the emergency. The emergency bylaws are not effective after the emergency ends. (c) Action taken in good faith in accordance with the emergency bylaws: (1) Binds the cooperative; and (2) May not be used to impose liability on a director, officer, employee or agent of the cooperative. Acts 2004, ch. 534, § 6.
(a) Unless the article provides otherwise, the board of directors or the organizers of a cooperative may adopt bylaws to be effective only in an emergency. The emergency bylaws, which are subject to amendment or repeal by the members, may make all provisions necessary for managing the cooperative during the emergency, including: (1) Procedures for calling a meeting of the board of directors; (2) Quorum requirements for the meeting; and (3) Designation of additional or substitute directors.
(1) Procedures for calling a meeting of the board of directors;
(2) Quorum requirements for the meeting; and
(3) Designation of additional or substitute directors.
(b) All provisions of the regular bylaws consistent with the emergency bylaws remain effective during the emergency. The emergency bylaws are not effective after the emergency ends.
(c) Action taken in good faith in accordance with the emergency bylaws: (1) Binds the cooperative; and (2) May not be used to impose liability on a director, officer, employee or agent of the cooperative.
(1) Binds the cooperative; and
(2) May not be used to impose liability on a director, officer, employee or agent of the cooperative.
Acts 2004, ch. 534, § 6.
Tenn. Code Ann. § 43-38-1106 — TN Code / Title 43 / Chapter 38 / Section 43-38-1106
Appeal of refusal to file document
Status: in_force

(a) If the secretary of state refuses to file a document delivered to the office of the secretary of state for filing, the cooperative may appeal the refusal to the chancery court of Davidson County. The appeal is commenced by petitioning the court to compel filing the document and by attaching to the petition the document and the secretary of state's explanation of the refusal to file. (b) The court may summarily order the secretary of state to file the document or take other action the court considers appropriate. (c) The court's final decision may be appealed as in other civil proceedings. (d) Any judicial review of the secretary of state's refusal to file a document shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 2004, ch. 534, § 33.
(a) If the secretary of state refuses to file a document delivered to the office of the secretary of state for filing, the cooperative may appeal the refusal to the chancery court of Davidson County. The appeal is commenced by petitioning the court to compel filing the document and by attaching to the petition the document and the secretary of state's explanation of the refusal to file.
(b) The court may summarily order the secretary of state to file the document or take other action the court considers appropriate.
(c) The court's final decision may be appealed as in other civil proceedings.
(d) Any judicial review of the secretary of state's refusal to file a document shall be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2004, ch. 534, § 33.
Tenn. Code Ann. § 43-19-102 — TN Code / Title 43 / Chapter 19 / Section 43-19-102
Proof of sufficiency of warehouse required
Status: in_force

Every person opening a warehouse for the inspection and sale of tobacco shall prove to the county clerk by the testimony of two (2) impartial witnesses known to the clerk to be well qualified, from knowledge and experience, that the person is the proprietor of a good and sufficient warehouse, situated so as to be exposed to no extraordinary risk from fire or flood, and furnished besides, with all the implements necessary to the accurate weighing and inspection of tobacco. Acts 1870-1871, ch. 65, § 4; impl. am. Acts 1877, ch. 109, § 1; Shan., § 3380; Code 1932, § 6477; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 43-2102.
Every person opening a warehouse for the inspection and sale of tobacco shall prove to the county clerk by the testimony of two (2) impartial witnesses known to the clerk to be well qualified, from knowledge and experience, that the person is the proprietor of a good and sufficient warehouse, situated so as to be exposed to no extraordinary risk from fire or flood, and furnished besides, with all the implements necessary to the accurate weighing and inspection of tobacco.
Acts 1870-1871, ch. 65, § 4; impl. am. Acts 1877, ch. 109, § 1; Shan., § 3380; Code 1932, § 6477; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 43-2102.
Tenn. Code Ann. § 43-38-125 — TN Code / Title 43 / Chapter 38 / Section 43-38-125
Deputies of the secretary of state
Status: in_force

An act of a duly authorized deputy of the secretary of state in the secretary of state's behalf under this chapter is the equivalent of the act of the secretary of state; provided, however, that the deputy signs the name of the secretary of state by the deputy as deputy. Acts 2004, ch. 534, § 33.
An act of a duly authorized deputy of the secretary of state in the secretary of state's behalf under this chapter is the equivalent of the act of the secretary of state; provided, however, that the deputy signs the name of the secretary of state by the deputy as deputy.
Acts 2004, ch. 534, § 33.
Tenn. Code Ann. § 43-6-108 — TN Code / Title 43 / Chapter 6 / Section 43-6-108
Promulgation of rules - Certified copies in evidence
Status: in_force

All rules and regulations made pursuant to this part shall be promulgated as provided by law; provided, that in case of emergency where it is necessary to place a quarantine to take effect immediately, promulgation may be made by proclamation of the commissioner. Printed copies of all acts, rules, regulations, quarantines, or other notices, which shall be published by the commissioner under authority granted by this part, shall be admitted as sufficient evidence of such acts, rules, regulations, quarantines or other notices in all courts and on all occasions whatsoever; provided, that the correctness of such copies be certified to by the commissioner. Acts 1955, ch. 8, § 8; T.C.A., § 43-522; Acts 1997, ch. 70, § 7.
All rules and regulations made pursuant to this part shall be promulgated as provided by law; provided, that in case of emergency where it is necessary to place a quarantine to take effect immediately, promulgation may be made by proclamation of the commissioner. Printed copies of all acts, rules, regulations, quarantines, or other notices, which shall be published by the commissioner under authority granted by this part, shall be admitted as sufficient evidence of such acts, rules, regulations, quarantines or other notices in all courts and on all occasions whatsoever; provided, that the correctness of such copies be certified to by the commissioner.
Acts 1955, ch. 8, § 8; T.C.A., § 43-522; Acts 1997, ch. 70, § 7.
Tenn. Code Ann. § 43-39-101 — TN Code / Title 43 / Chapter 39 / Section 43-39-101
Chapter definitions
Status: in_force

For purposes of this chapter, unless the context otherwise requires: (1) "Agritourism activity" means any activity carried out on a farm or ranch, eligible for greenbelt classification under title 67, chapter 5, part 10, that allows members of the general public, for recreational, entertainment or educational purposes, to view or enjoy rural activities, including farming, ranching, historic, cultural, harvest-your-own activities or natural activities and attractions. An activity is an "agritourism activity" whether or not a participant provides compensation in money or other valuable compensation to participate in the activity. "Agritourism activity" includes an activity involving any animal exhibition at an agricultural fair, regardless of the location of the fair; (2) "Agritourism professional" means any person who is engaged in the business of providing one (1) or more agritourism activities, whether or not for compensation; (3) (A) "Inherent risks of agritourism activity" means those dangers, conditions or hazards that are an integral part of an agritourism activity, including, but not limited to: (i) Surface and subsurface conditions; (ii) Natural conditions of land, vegetation and waters; (iii) The behavior of wild or domestic animals; and (iv) Ordinary dangers of structures or equipment ordinarily used in farming and ranching operations. (B) "Inherent risks of agritourism activity" also include the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, including failing to follow instructions given by an agritourism professional or failing to exercise reasonable caution while engaging in an agritourism activity; (4) "Participant" means any person, other than the agritourism professional, who engages in an agritourism activity; and (5) "Person" means an individual, fiduciary, firm, association, partnership, limited liability company, corporation, unit of government or any other group acting as a unit. Acts 2009, ch. 498, § 2.
For purposes of this chapter, unless the context otherwise requires:
(1) "Agritourism activity" means any activity carried out on a farm or ranch, eligible for greenbelt classification under title 67, chapter 5, part 10, that allows members of the general public, for recreational, entertainment or educational purposes, to view or enjoy rural activities, including farming, ranching, historic, cultural, harvest-your-own activities or natural activities and attractions. An activity is an "agritourism activity" whether or not a participant provides compensation in money or other valuable compensation to participate in the activity. "Agritourism activity" includes an activity involving any animal exhibition at an agricultural fair, regardless of the location of the fair;
(2) "Agritourism professional" means any person who is engaged in the business of providing one (1) or more agritourism activities, whether or not for compensation;
(3) (A) "Inherent risks of agritourism activity" means those dangers, conditions or hazards that are an integral part of an agritourism activity, including, but not limited to: (i) Surface and subsurface conditions; (ii) Natural conditions of land, vegetation and waters; (iii) The behavior of wild or domestic animals; and (iv) Ordinary dangers of structures or equipment ordinarily used in farming and ranching operations. (B) "Inherent risks of agritourism activity" also include the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, including failing to follow instructions given by an agritourism professional or failing to exercise reasonable caution while engaging in an agritourism activity;
(A) "Inherent risks of agritourism activity" means those dangers, conditions or hazards that are an integral part of an agritourism activity, including, but not limited to: (i) Surface and subsurface conditions; (ii) Natural conditions of land, vegetation and waters; (iii) The behavior of wild or domestic animals; and (iv) Ordinary dangers of structures or equipment ordinarily used in farming and ranching operations.
(i) Surface and subsurface conditions;
(ii) Natural conditions of land, vegetation and waters;
(iii) The behavior of wild or domestic animals; and
(iv) Ordinary dangers of structures or equipment ordinarily used in farming and ranching operations.
(B) "Inherent risks of agritourism activity" also include the potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, including failing to follow instructions given by an agritourism professional or failing to exercise reasonable caution while engaging in an agritourism activity;
(4) "Participant" means any person, other than the agritourism professional, who engages in an agritourism activity; and
(5) "Person" means an individual, fiduciary, firm, association, partnership, limited liability company, corporation, unit of government or any other group acting as a unit.
Acts 2009, ch. 498, § 2.
Tenn. Code Ann. § 43-6-308 — TN Code / Title 43 / Chapter 6 / Section 43-6-308
[Repealed]
Status: repealed

Repealed by 2014 Tenn. Acts, ch. 509, s 2, eff. 3/6/2014. Acts 1969, ch. 81, § 8; T.C.A., §§ 43-2808, 43-7-108.
Repealed by 2014 Tenn. Acts, ch. 509, s 2, eff. 3/6/2014.
Acts 1969, ch. 81, § 8; T.C.A., §§ 43-2808, 43-7-108.
Tenn. Code Ann. § 43-8-205 — TN Code / Title 43 / Chapter 8 / Section 43-8-205
Pesticide dealer's employees - List of names furnished to commissioner - Dealer's responsibility for employees' actions
Status: in_force

(a) Every licensed pesticide dealer shall submit to the commissioner with each application for an original or renewal license, and at such other times as the commissioner may prescribe, the names of all persons employed by the pesticide dealer who sell or solicit the sale of restricted use pesticides. (b) Each pesticide dealer shall be responsible for the action of every person who acts as the dealer's employee or agent in the solicitation or sale of pesticides, and in all claims and recommendations for use or application of pesticides; however, it is not the intent of this section to license a pesticide applicator who sells pesticides as an integral part of such applicator's services when such applicator has complied with existing applicators' laws. Acts 1975, ch. 239, § 2; T.C.A., § 43-706; Acts 1980, ch. 539, § 5.
(a) Every licensed pesticide dealer shall submit to the commissioner with each application for an original or renewal license, and at such other times as the commissioner may prescribe, the names of all persons employed by the pesticide dealer who sell or solicit the sale of restricted use pesticides.
(b) Each pesticide dealer shall be responsible for the action of every person who acts as the dealer's employee or agent in the solicitation or sale of pesticides, and in all claims and recommendations for use or application of pesticides; however, it is not the intent of this section to license a pesticide applicator who sells pesticides as an integral part of such applicator's services when such applicator has complied with existing applicators' laws.
Acts 1975, ch. 239, § 2; T.C.A., § 43-706; Acts 1980, ch. 539, § 5.
Tenn. Code Ann. § 43-1-704 — TN Code / Title 43 / Chapter 1 / Section 43-1-704
Adjustment of fees
Status: in_force

(a) Notwithstanding § 4-5-229 , rules establishing fees promulgated pursuant to this chapter before July 1, 2016, shall take effect following expiration of the ninety (90) days as provided in § 4-5-207 . (b) Beginning in 2020 and at least every five (5) years thereafter, the commissioner shall evaluate fees associated with the statutes specified in § 43-1-701(b) and may make adjustments through the rule-making process. Individual fees shall not be adjusted more than once every five (5) years. (c) After the initial adjustment under subsection (b), the percentage increase of any subsequent adjustment shall not exceed the percentage of increase in the average consumer price index, all items-city average, as published by the United States department of labor, bureau of labor statistics, between the dates of one (1) adjustment and the immediately subsequent adjustment. Individual fee adjustment amounts may be rounded up to the next tier amount provided in § 43-1-703(f) . (d) Fees established under § 43-1-703(a) and the statutes specified in § 43-1-701(b) shall not be increased in any year when the fund's fiscal year ending balance exceeds one hundred fifty percent (150%) of the fees collected in the previous year. Amended by 2015 Tenn. Acts, ch. 485,s 3, eff. 7/1/2015. Amended by 2013 Tenn. Acts, ch. 236,s 2, eff. 4/19/2013. Acts 1994, ch. 960, § 5; 2002, ch. 640, §§ 15, 16.
(a) Notwithstanding § 4-5-229 , rules establishing fees promulgated pursuant to this chapter before July 1, 2016, shall take effect following expiration of the ninety (90) days as provided in § 4-5-207 .
(b) Beginning in 2020 and at least every five (5) years thereafter, the commissioner shall evaluate fees associated with the statutes specified in § 43-1-701(b) and may make adjustments through the rule-making process. Individual fees shall not be adjusted more than once every five (5) years.
(c) After the initial adjustment under subsection (b), the percentage increase of any subsequent adjustment shall not exceed the percentage of increase in the average consumer price index, all items-city average, as published by the United States department of labor, bureau of labor statistics, between the dates of one (1) adjustment and the immediately subsequent adjustment. Individual fee adjustment amounts may be rounded up to the next tier amount provided in § 43-1-703(f) .
(d) Fees established under § 43-1-703(a) and the statutes specified in § 43-1-701(b) shall not be increased in any year when the fund's fiscal year ending balance exceeds one hundred fifty percent (150%) of the fees collected in the previous year.
Amended by 2015 Tenn. Acts, ch. 485,s 3, eff. 7/1/2015.
Amended by 2013 Tenn. Acts, ch. 236,s 2, eff. 4/19/2013.
Acts 1994, ch. 960, § 5; 2002, ch. 640, §§ 15, 16.
Tenn. Code Ann. § 43-8-304 — TN Code / Title 43 / Chapter 8 / Section 43-8-304
Licensing requirements - Insurance
Status: in_force

(a) Each licensee-pilot must hold a valid federal aviation administration agranaut license and prove the licensee's proficiency to the commissioner. These requirements can be supplemented by rule or regulation issued by the commissioner. (b) An acceptable liability insurance policy in the amount of one hundred thousand dollars ($100,000) shall be in effect, and proof of insurance shall accompany each application for license for an aircraft. (c) The aircraft licenses shall be prominently displayed on each aircraft and each pilot must carry the license any time the pilot is working as a pilot engaged in custom application of pesticides. (d) Any person applying for a license as a commercial aerial applicator shall have first obtained a certification in the category of pesticides that they intend to apply, as provided in the Tennessee Application of Pesticides Act of 1978, compiled in title 62, chapter 21, or provide sufficient evidence of an equivalent certification from a state with which the state of Tennessee has a current and official reciprocal agreement. (e) Any person applying for a license as a commercial aerial applicator shall take an examination administered by the department of agriculture as directed by the commissioner in order to determine if the applicant has the knowledge and technical qualifications necessary for the issuance of a license. (f) Aerial applicators holding a current license under Tennessee law may renew the license without examination, but the renewed license shall be subject to whatever restrictions or limitations as are indicated by the license pursuant to § 43-8-302(9) . (g) Aerial applicator license fee shall be set by rule pursuant to § 43-1-703 . (h) Aerial decal fees shall be set by rule pursuant to § 43-1-703 . Amended by 2015 Tenn. Acts, ch. 485,s 8, eff. 7/1/2015. Acts 1973, ch. 90, § 4; 1974, ch. 431, § 1; T.C.A., §§ 43-2904, 43-9-104; Acts 2003, ch. 120, § 1.
(a) Each licensee-pilot must hold a valid federal aviation administration agranaut license and prove the licensee's proficiency to the commissioner. These requirements can be supplemented by rule or regulation issued by the commissioner.
(b) An acceptable liability insurance policy in the amount of one hundred thousand dollars ($100,000) shall be in effect, and proof of insurance shall accompany each application for license for an aircraft.
(c) The aircraft licenses shall be prominently displayed on each aircraft and each pilot must carry the license any time the pilot is working as a pilot engaged in custom application of pesticides.
(d) Any person applying for a license as a commercial aerial applicator shall have first obtained a certification in the category of pesticides that they intend to apply, as provided in the Tennessee Application of Pesticides Act of 1978, compiled in title 62, chapter 21, or provide sufficient evidence of an equivalent certification from a state with which the state of Tennessee has a current and official reciprocal agreement.
(e) Any person applying for a license as a commercial aerial applicator shall take an examination administered by the department of agriculture as directed by the commissioner in order to determine if the applicant has the knowledge and technical qualifications necessary for the issuance of a license.
(f) Aerial applicators holding a current license under Tennessee law may renew the license without examination, but the renewed license shall be subject to whatever restrictions or limitations as are indicated by the license pursuant to § 43-8-302(9) .
(g) Aerial applicator license fee shall be set by rule pursuant to § 43-1-703 .
(h) Aerial decal fees shall be set by rule pursuant to § 43-1-703 .
Amended by 2015 Tenn. Acts, ch. 485,s 8, eff. 7/1/2015.
Acts 1973, ch. 90, § 4; 1974, ch. 431, § 1; T.C.A., §§ 43-2904, 43-9-104; Acts 2003, ch. 120, § 1.
Tenn. Code Ann. § 43-17-105 — TN Code / Title 43 / Chapter 17 / Section 43-17-105
Tenant's possession or sale prima facie evidence of landlord's title - Burden of proof of transfer
Status: in_force

(a) Possession and/or sale of pecans by any tenant of a landowner shall constitute prima facie evidence that such pecans are the property of such landowner and the burden of proof of transfer of ownership of the pecans shall rest with the tenant and/or purchaser from the tenant. (b) Any purchaser from a tenant or the immediate vendee of a tenant shall be liable to the landlord for the value of the pecans as in other cases of conversion, if the purchaser or vendee did not receive title. Acts 1947, ch. 174, § 5; mod. C. Supp. 1950, § 5755.32 (Williams, § 5753.18); T.C.A. (orig. ed.), § 43-1905.
(a) Possession and/or sale of pecans by any tenant of a landowner shall constitute prima facie evidence that such pecans are the property of such landowner and the burden of proof of transfer of ownership of the pecans shall rest with the tenant and/or purchaser from the tenant.
(b) Any purchaser from a tenant or the immediate vendee of a tenant shall be liable to the landlord for the value of the pecans as in other cases of conversion, if the purchaser or vendee did not receive title.
Acts 1947, ch. 174, § 5; mod. C. Supp. 1950, § 5755.32 (Williams, § 5753.18); T.C.A. (orig. ed.), § 43-1905.