Tenn. Code Ann. § 43-21-111 — TN Code / Title 43 / Chapter 21 / Section 43-21-111
Appropriation for state aid - Special awards for merit
Status: in_force

(a) There is appropriated from the general funds of the state the sum of one hundred sixty thousand dollars ($160,000) annually to be disbursed for state aid to agricultural fairs in accordance with this chapter. (b) The commissioner is authorized to expend a maximum of ten percent (10%) of this annual appropriation for administration of the laws contained in this chapter, including, but not limited to, education of persons conducting fairs in the state in agricultural fair administration and the salary of a full-time employee, whose duty shall be to promote and improve the operation of fairs in this state as directed by the commissioner. The employment of such person is authorized by this subsection (b). (c) In addition, the commissioner is authorized, in the commissioner's discretion, to grant state aid to fairs that are not under this chapter entitled to state aid and to beginning fairs needing financial assistance, but these discretionary grants shall not exceed an aggregate sum of ten thousand dollars ($10,000) annually. (d) The annual appropriation after the deduction of sums used as authorized in subsections (b) and (c) for administration hereof and for discretionary aid to fairs not otherwise entitled to aid shall be divided into two (2) funds, one (1) of which shall be two thirds (2/3) of the remaining total, all of which shall be used for the award of state aid to fairs provided for in § 43-21-103 et seq., and a second fund consisting of one third (1/3) of the remaining total, which shall be disbursed as provided in subsection (e) to those fairs that attain special excellence in operations. (e) For the purpose of determining state champion county fairs, the total sum of eligible county fairs shall be divided into three (3) classifications based upon the population of the county served by a fair as reported in the most current available census. In descending order of population, the top one third (1/3) shall be classified as triple "A" (AAA) fairs, the middle one third (1/3) as double "A" (AA) fairs, and the bottom one third (1/3) as single "A" (A) fairs. There shall be a state championship award to the champion county fair each year in each of the three (3) classifications; and there shall also be designated a first runner-up and a second runner-up each year in each classification. There shall be awarded to each fair determined worthy thereof an award to be known as the special award of merit. No fair shall be eligible for more than one (1) of the four (4) designations in each classification. The commissioner is authorized to designate as deputies or agents for the purpose of determining those fairs that are entitled to the special awards such citizens of the state as the commissioner may deem capable of this determination, including, but not limited to, the persons who shall constitute the officers and directors of any state association of fairs that may be in existence; and is authorized to adopt reasonable rules, regulations and standards to be followed in the selection of those fairs worthy of the awards. (1) The best county fair in each classification shall be entitled to receive out of the special awards fund a special merit award equal to one hundred percent (100%) of the state aid paid to it under § 43-21-103 . (2) Each of the remaining eligible fairs shall share in the balance of the special awards fund in an amount equally proportionate to the state aid paid to each individual fair under § 43-21-103 . (f) Community fairs shall not participate in the fund provided for in this section for disbursement to fairs that attain special excellence. (g) If any sum remains unused out of the fund provided for distribution under § 43-21-103 , that sum shall be added to the special merit award fund and distributed to the fairs entitled to special merit awards. (h) The commissioner is empowered to reduce merit awards not to exceed twenty percent (20%) in case proper records and reports are not filed as required under the merit awards program. Acts 1957, ch. 261, § 4; 1963, ch. 135, § 2; T.C.A., § 43-2411; Acts 1980, ch. 670, § 5; 1991, ch. 150, §§ 1-3.
(a) There is appropriated from the general funds of the state the sum of one hundred sixty thousand dollars ($160,000) annually to be disbursed for state aid to agricultural fairs in accordance with this chapter.
(b) The commissioner is authorized to expend a maximum of ten percent (10%) of this annual appropriation for administration of the laws contained in this chapter, including, but not limited to, education of persons conducting fairs in the state in agricultural fair administration and the salary of a full-time employee, whose duty shall be to promote and improve the operation of fairs in this state as directed by the commissioner. The employment of such person is authorized by this subsection (b).
(c) In addition, the commissioner is authorized, in the commissioner's discretion, to grant state aid to fairs that are not under this chapter entitled to state aid and to beginning fairs needing financial assistance, but these discretionary grants shall not exceed an aggregate sum of ten thousand dollars ($10,000) annually.
(d) The annual appropriation after the deduction of sums used as authorized in subsections (b) and (c) for administration hereof and for discretionary aid to fairs not otherwise entitled to aid shall be divided into two (2) funds, one (1) of which shall be two thirds (2/3) of the remaining total, all of which shall be used for the award of state aid to fairs provided for in § 43-21-103 et seq., and a second fund consisting of one third (1/3) of the remaining total, which shall be disbursed as provided in subsection (e) to those fairs that attain special excellence in operations.
(e) For the purpose of determining state champion county fairs, the total sum of eligible county fairs shall be divided into three (3) classifications based upon the population of the county served by a fair as reported in the most current available census. In descending order of population, the top one third (1/3) shall be classified as triple "A" (AAA) fairs, the middle one third (1/3) as double "A" (AA) fairs, and the bottom one third (1/3) as single "A" (A) fairs. There shall be a state championship award to the champion county fair each year in each of the three (3) classifications; and there shall also be designated a first runner-up and a second runner-up each year in each classification. There shall be awarded to each fair determined worthy thereof an award to be known as the special award of merit. No fair shall be eligible for more than one (1) of the four (4) designations in each classification. The commissioner is authorized to designate as deputies or agents for the purpose of determining those fairs that are entitled to the special awards such citizens of the state as the commissioner may deem capable of this determination, including, but not limited to, the persons who shall constitute the officers and directors of any state association of fairs that may be in existence; and is authorized to adopt reasonable rules, regulations and standards to be followed in the selection of those fairs worthy of the awards. (1) The best county fair in each classification shall be entitled to receive out of the special awards fund a special merit award equal to one hundred percent (100%) of the state aid paid to it under § 43-21-103 . (2) Each of the remaining eligible fairs shall share in the balance of the special awards fund in an amount equally proportionate to the state aid paid to each individual fair under § 43-21-103 .
(1) The best county fair in each classification shall be entitled to receive out of the special awards fund a special merit award equal to one hundred percent (100%) of the state aid paid to it under § 43-21-103 .
(2) Each of the remaining eligible fairs shall share in the balance of the special awards fund in an amount equally proportionate to the state aid paid to each individual fair under § 43-21-103 .
(f) Community fairs shall not participate in the fund provided for in this section for disbursement to fairs that attain special excellence.
(g) If any sum remains unused out of the fund provided for distribution under § 43-21-103 , that sum shall be added to the special merit award fund and distributed to the fairs entitled to special merit awards.
(h) The commissioner is empowered to reduce merit awards not to exceed twenty percent (20%) in case proper records and reports are not filed as required under the merit awards program.
Acts 1957, ch. 261, § 4; 1963, ch. 135, § 2; T.C.A., § 43-2411; Acts 1980, ch. 670, § 5; 1991, ch. 150, §§ 1-3.
Tenn. Code Ann. § 43-16-110 — TN Code / Title 43 / Chapter 16 / Section 43-16-110
Articles of incorporation - Preparing and filing - Contents
Status: in_force

Each association formed under this chapter must prepare and file articles of incorporation, setting forth: (1) The name of the association; (2) The purpose for which it is formed; (3) The place where its principal business will be transacted; (4) The duration of the association, if other than perpetual. If the charter of any association organized under this chapter provides for a term of existence, not exceeding fifty (50) years, such charter is deemed to be amended to provide that the duration of the association is perpetual, unless a majority of the members of such association vote to limit the duration of the association to some other period of time in accordance with title 48, chapter 3; provided, that in no event may the members so amend the charter of an association that has been in existence for more than fifty (50) years; (5) The number of directors of the association, which must be not less than five (5) and may be any number in excess of five (5); the term of office of such directors; and the names and addresses of those who are to serve as incorporating directors for the first term, and/or until the election and qualification of their successors; (6) If organized without capital stock, whether the property rights and interest of each member shall be equal or unequal; and if unequal, the general rule or rules applicable to all members by which the property rights and interests, respectively, of each member may and shall be determined and fixed; and provision for the admission of new members who shall be entitled to share in the property of the association with the old members, in accordance with such general rule or rules; (7) If organized with capital stock, the amount of stock and the number of shares into which it is divided and the par value thereof; and (8) The street address and zip code of the association's initial registered office in this state, the county in which the office is located, and the name of its initial registered agent at that office. Amended by 2015 Tenn. Acts, ch. 323, s 1, eff. 4/28/2015. Acts 1923, ch. 100, § 8; Shan. Supp., § 2534a34; Code 1932, §3792; T.C.A. (orig. ed.), § 43-1810; Acts 1981, ch. 27, § 1; 1991, ch. 243, § 1.
Each association formed under this chapter must prepare and file articles of incorporation, setting forth:
(1) The name of the association;
(2) The purpose for which it is formed;
(3) The place where its principal business will be transacted;
(4) The duration of the association, if other than perpetual. If the charter of any association organized under this chapter provides for a term of existence, not exceeding fifty (50) years, such charter is deemed to be amended to provide that the duration of the association is perpetual, unless a majority of the members of such association vote to limit the duration of the association to some other period of time in accordance with title 48, chapter 3; provided, that in no event may the members so amend the charter of an association that has been in existence for more than fifty (50) years;
(5) The number of directors of the association, which must be not less than five (5) and may be any number in excess of five (5); the term of office of such directors; and the names and addresses of those who are to serve as incorporating directors for the first term, and/or until the election and qualification of their successors;
(6) If organized without capital stock, whether the property rights and interest of each member shall be equal or unequal; and if unequal, the general rule or rules applicable to all members by which the property rights and interests, respectively, of each member may and shall be determined and fixed; and provision for the admission of new members who shall be entitled to share in the property of the association with the old members, in accordance with such general rule or rules;
(7) If organized with capital stock, the amount of stock and the number of shares into which it is divided and the par value thereof; and
(8) The street address and zip code of the association's initial registered office in this state, the county in which the office is located, and the name of its initial registered agent at that office.
Amended by 2015 Tenn. Acts, ch. 323, s 1, eff. 4/28/2015.
Acts 1923, ch. 100, § 8; Shan. Supp., § 2534a34; Code 1932, §3792; T.C.A. (orig. ed.), § 43-1810; Acts 1981, ch. 27, § 1; 1991, ch. 243, § 1.
Tenn. Code Ann. § 43-19-215 — TN Code / Title 43 / Chapter 19 / Section 43-19-215
Extortion a misdemeanor
Status: in_force

Any warehouse keeper who charges more than is allowed in § 43-19-214 commits a Class C misdemeanor, and is also liable to a penalty of ten dollars ($10.00) to the planter or person overcharged, recoverable before any judge of a court of general sessions. Acts 1870-1871, ch. 65, § 21; Shan., § 3400; Code 1932, § 6499; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 43-2124; Acts 1989, ch. 591, § 113.
Any warehouse keeper who charges more than is allowed in § 43-19-214 commits a Class C misdemeanor, and is also liable to a penalty of ten dollars ($10.00) to the planter or person overcharged, recoverable before any judge of a court of general sessions.
Acts 1870-1871, ch. 65, § 21; Shan., § 3400; Code 1932, § 6499; impl. am. Acts 1979, ch. 68, § 3; T.C.A. (orig. ed.), § 43-2124; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 43-35-109 — TN Code / Title 43 / Chapter 35 / Section 43-35-109
State cooperation with compact commission
Status: in_force

Consistent with law and within available appropriations, the departments, agencies and officers of this state shall cooperate with the southern dairy compact commission established by § 43-35-101 , article II, section 4. Acts 1998, ch. 749, § 10.
Consistent with law and within available appropriations, the departments, agencies and officers of this state shall cooperate with the southern dairy compact commission established by § 43-35-101 , article II, section 4.
Acts 1998, ch. 749, § 10.
Tenn. Code Ann. § 43-28-313 — TN Code / Title 43 / Chapter 28 / Section 43-28-313
Tennessee Native Species Lumber Act
Status: in_force

(a) This section shall be known and may be cited as the "Tennessee Native Species Lumber Act." (b) As used in this section: (1) "Agricultural building" means any structure used primarily for agricultural purposes or for forest product production; (2) "Commercial sawmill" means any type of sawmill that produces lumber for sale; (3) "End user" means any person who purchases native lumber from a commercial sawmill for the purpose of residential construction; (4) "Grader" means the owner of a commercial sawmill, or the owner's designated employee, who has visually inspected each piece of lumber; and (5) "Native timber" means any hardwood or softwood species growing within the borders of this state. (c) (1) The operator of any commercial sawmill that is certified to grade lumber pursuant to subsection (d) may, when requested by the end user of the native lumber, certify in writing to the purchaser that the quality and safe working stresses of the lumber are equal to or better than No. 2 grade, in accordance with the conditions set forth in the American Softwood Standard PS 20-70 of the United States department of commerce, as amended; provided, that the minimum grade of lumber used in load-bearing wall members shall be stud grade. (2) The certification provided pursuant to subdivision (c)(1) shall include: (A) The name of the wood species; (B) The quantity of wood certified; (C) The location where the wood is to be used; (D) Whether or not the wood is seasoned; (E) The name of the commercial sawmill where the wood was cut; (F) The name of the grader; and (G) The date on which the wood was cut at the commercial sawmill and graded. (3) (A) Upon the request of the local building official, the end user shall provide written certification of the quality and safe working stresses of the native lumber provided by the commercial sawmill operator pursuant to subdivision (c)(1), as part of the building permit application. (B) The certification provided pursuant to subdivision (c)(3)(A) shall be accepted by code officials in lieu of any grade stamp requirements. (d) (1) The University of Tennessee shall, through its agriculture extension service, offer a course in grading lumber to owners of commercial sawmills and the owners' designated employees. Any person who successfully completes the lumber grading course will be issued a certificate that entitles the certificate holder to grade lumber pursuant to this section. The course shall be offered biannually in each of the three (3) grand divisions of this state. (2) The department of agriculture shall promulgate rules to implement and administer the certification program created by subdivision (c)(1), including, but not limited to, establishing a course fee in an amount sufficient to defray the cost of implementing and administering the certification program. (e) Any person who uses the native timber harvested from and used entirely on the person's own property shall, if required, certify that the lumber meets the requirements of any building codes. (f) No certification of native lumber shall be required in the construction of an agricultural building. Added by 2016 Tenn. Acts, ch. 1071,s 1, eff. 5/20/2016.
(a) This section shall be known and may be cited as the "Tennessee Native Species Lumber Act."
(b) As used in this section: (1) "Agricultural building" means any structure used primarily for agricultural purposes or for forest product production; (2) "Commercial sawmill" means any type of sawmill that produces lumber for sale; (3) "End user" means any person who purchases native lumber from a commercial sawmill for the purpose of residential construction; (4) "Grader" means the owner of a commercial sawmill, or the owner's designated employee, who has visually inspected each piece of lumber; and (5) "Native timber" means any hardwood or softwood species growing within the borders of this state.
(1) "Agricultural building" means any structure used primarily for agricultural purposes or for forest product production;
(2) "Commercial sawmill" means any type of sawmill that produces lumber for sale;
(3) "End user" means any person who purchases native lumber from a commercial sawmill for the purpose of residential construction;
(4) "Grader" means the owner of a commercial sawmill, or the owner's designated employee, who has visually inspected each piece of lumber; and
(5) "Native timber" means any hardwood or softwood species growing within the borders of this state.
(c) (1) The operator of any commercial sawmill that is certified to grade lumber pursuant to subsection (d) may, when requested by the end user of the native lumber, certify in writing to the purchaser that the quality and safe working stresses of the lumber are equal to or better than No. 2 grade, in accordance with the conditions set forth in the American Softwood Standard PS 20-70 of the United States department of commerce, as amended; provided, that the minimum grade of lumber used in load-bearing wall members shall be stud grade. (2) The certification provided pursuant to subdivision (c)(1) shall include: (A) The name of the wood species; (B) The quantity of wood certified; (C) The location where the wood is to be used; (D) Whether or not the wood is seasoned; (E) The name of the commercial sawmill where the wood was cut; (F) The name of the grader; and (G) The date on which the wood was cut at the commercial sawmill and graded. (3) (A) Upon the request of the local building official, the end user shall provide written certification of the quality and safe working stresses of the native lumber provided by the commercial sawmill operator pursuant to subdivision (c)(1), as part of the building permit application. (B) The certification provided pursuant to subdivision (c)(3)(A) shall be accepted by code officials in lieu of any grade stamp requirements.
(1) The operator of any commercial sawmill that is certified to grade lumber pursuant to subsection (d) may, when requested by the end user of the native lumber, certify in writing to the purchaser that the quality and safe working stresses of the lumber are equal to or better than No. 2 grade, in accordance with the conditions set forth in the American Softwood Standard PS 20-70 of the United States department of commerce, as amended; provided, that the minimum grade of lumber used in load-bearing wall members shall be stud grade.
(2) The certification provided pursuant to subdivision (c)(1) shall include: (A) The name of the wood species; (B) The quantity of wood certified; (C) The location where the wood is to be used; (D) Whether or not the wood is seasoned; (E) The name of the commercial sawmill where the wood was cut; (F) The name of the grader; and (G) The date on which the wood was cut at the commercial sawmill and graded.
(A) The name of the wood species;
(B) The quantity of wood certified;
(C) The location where the wood is to be used;
(D) Whether or not the wood is seasoned;
(E) The name of the commercial sawmill where the wood was cut;
(F) The name of the grader; and
(G) The date on which the wood was cut at the commercial sawmill and graded.
(3) (A) Upon the request of the local building official, the end user shall provide written certification of the quality and safe working stresses of the native lumber provided by the commercial sawmill operator pursuant to subdivision (c)(1), as part of the building permit application. (B) The certification provided pursuant to subdivision (c)(3)(A) shall be accepted by code officials in lieu of any grade stamp requirements.
(A) Upon the request of the local building official, the end user shall provide written certification of the quality and safe working stresses of the native lumber provided by the commercial sawmill operator pursuant to subdivision (c)(1), as part of the building permit application.
(B) The certification provided pursuant to subdivision (c)(3)(A) shall be accepted by code officials in lieu of any grade stamp requirements.
(d) (1) The University of Tennessee shall, through its agriculture extension service, offer a course in grading lumber to owners of commercial sawmills and the owners' designated employees. Any person who successfully completes the lumber grading course will be issued a certificate that entitles the certificate holder to grade lumber pursuant to this section. The course shall be offered biannually in each of the three (3) grand divisions of this state. (2) The department of agriculture shall promulgate rules to implement and administer the certification program created by subdivision (c)(1), including, but not limited to, establishing a course fee in an amount sufficient to defray the cost of implementing and administering the certification program.
(1) The University of Tennessee shall, through its agriculture extension service, offer a course in grading lumber to owners of commercial sawmills and the owners' designated employees. Any person who successfully completes the lumber grading course will be issued a certificate that entitles the certificate holder to grade lumber pursuant to this section. The course shall be offered biannually in each of the three (3) grand divisions of this state.
(2) The department of agriculture shall promulgate rules to implement and administer the certification program created by subdivision (c)(1), including, but not limited to, establishing a course fee in an amount sufficient to defray the cost of implementing and administering the certification program.
(e) Any person who uses the native timber harvested from and used entirely on the person's own property shall, if required, certify that the lumber meets the requirements of any building codes.
(f) No certification of native lumber shall be required in the construction of an agricultural building.
Added by 2016 Tenn. Acts, ch. 1071,s 1, eff. 5/20/2016.
Tenn. Code Ann. § 43-25-101 — TN Code / Title 43 / Chapter 25 / Section 43-25-101
Names of farms and farm homes may be registered, and be placed on or near public highway
Status: in_force

All owners of farms and farm homes located in this state are authorized and empowered, in their discretion, to adopt suitable names for their farms or farm homes and to register the names with the department of agriculture, as provided in § 43-25-104 , each name to be placed in a conspicuous place on or near a public highway. Acts 1925, ch. 34, § 1; Shan. Supp., § 320a1; Code 1932, § 437; T.C.A. (orig. ed.), § 43-2501.
All owners of farms and farm homes located in this state are authorized and empowered, in their discretion, to adopt suitable names for their farms or farm homes and to register the names with the department of agriculture, as provided in § 43-25-104 , each name to be placed in a conspicuous place on or near a public highway.
Acts 1925, ch. 34, § 1; Shan. Supp., § 320a1; Code 1932, § 437; T.C.A. (orig. ed.), § 43-2501.
Tenn. Code Ann. § 43-27-104 — TN Code / Title 43 / Chapter 27 / Section 43-27-104
Authority of commissioner
Status: in_force

(a) The commissioner is authorized to: (1) Administer this chapter; (2) Take all action necessary to obtain primary regulatory authority over the production of hemp in this state, as authorized by Section 297 of the Agriculture Improvement Act of 2018 (Public Law 115-334); (3) Promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, as necessary for regulation of hemp in accordance with the federal Agriculture Improvement Act of 2018 and as determined by the commissioner to be necessary for the efficient enforcement of this chapter; (4) Determine requirements for and issue licenses for the production of hemp in this state; (5) Deny or revoke licenses and issue civil penalties up to one thousand dollars ($1,000) for each violation of this chapter or its rules; (6) Establish reasonable fees for hemp licenses necessary to implement and administer a hemp program in this state on an ongoing basis. All revenue collected from fees established under this subdivision (a)(6) must be used exclusively for administration of a hemp regulatory program by the department; (7) Require the maintenance or filing of records; (8) Enter during normal business hours any premises or conveyance of a person licensed under this chapter for purposes of inspection, sampling, and observation and copying of records required under this chapter; and (9) Provide, on at least a quarterly basis, a list of persons licensed pursuant to this chapter to the department of safety, for the department of safety's publication on its website. A licensee's inclusion on the list may be used as proof for purposes of satisfying the exception described in § 39-17-427(2) . (b) All rules promulgated by the department prior to July 1, 2019, for regulation of industrial hemp are null and void immediately upon rules promulgated to effectuate chapter 87 of the Public Acts of 2019 taking effect. Within one hundred twenty (120) days of chapter 87 of the Public Acts of 2019 becoming law, the department shall promulgate rules necessary to effectuate the purposes of this chapter. The commissioner is authorized to file emergency rules under § 4-5-208 as necessary for compliance with this subsection (b). Added by 2019 Tenn. Acts, ch. 87, s 12, eff. 4/4/2019.
(a) The commissioner is authorized to: (1) Administer this chapter; (2) Take all action necessary to obtain primary regulatory authority over the production of hemp in this state, as authorized by Section 297 of the Agriculture Improvement Act of 2018 (Public Law 115-334); (3) Promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, as necessary for regulation of hemp in accordance with the federal Agriculture Improvement Act of 2018 and as determined by the commissioner to be necessary for the efficient enforcement of this chapter; (4) Determine requirements for and issue licenses for the production of hemp in this state; (5) Deny or revoke licenses and issue civil penalties up to one thousand dollars ($1,000) for each violation of this chapter or its rules; (6) Establish reasonable fees for hemp licenses necessary to implement and administer a hemp program in this state on an ongoing basis. All revenue collected from fees established under this subdivision (a)(6) must be used exclusively for administration of a hemp regulatory program by the department; (7) Require the maintenance or filing of records; (8) Enter during normal business hours any premises or conveyance of a person licensed under this chapter for purposes of inspection, sampling, and observation and copying of records required under this chapter; and (9) Provide, on at least a quarterly basis, a list of persons licensed pursuant to this chapter to the department of safety, for the department of safety's publication on its website. A licensee's inclusion on the list may be used as proof for purposes of satisfying the exception described in § 39-17-427(2) .
(1) Administer this chapter;
(2) Take all action necessary to obtain primary regulatory authority over the production of hemp in this state, as authorized by Section 297 of the Agriculture Improvement Act of 2018 (Public Law 115-334);
(3) Promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, as necessary for regulation of hemp in accordance with the federal Agriculture Improvement Act of 2018 and as determined by the commissioner to be necessary for the efficient enforcement of this chapter;
(4) Determine requirements for and issue licenses for the production of hemp in this state;
(5) Deny or revoke licenses and issue civil penalties up to one thousand dollars ($1,000) for each violation of this chapter or its rules;
(6) Establish reasonable fees for hemp licenses necessary to implement and administer a hemp program in this state on an ongoing basis. All revenue collected from fees established under this subdivision (a)(6) must be used exclusively for administration of a hemp regulatory program by the department;
(7) Require the maintenance or filing of records;
(8) Enter during normal business hours any premises or conveyance of a person licensed under this chapter for purposes of inspection, sampling, and observation and copying of records required under this chapter; and
(9) Provide, on at least a quarterly basis, a list of persons licensed pursuant to this chapter to the department of safety, for the department of safety's publication on its website. A licensee's inclusion on the list may be used as proof for purposes of satisfying the exception described in § 39-17-427(2) .
(b) All rules promulgated by the department prior to July 1, 2019, for regulation of industrial hemp are null and void immediately upon rules promulgated to effectuate chapter 87 of the Public Acts of 2019 taking effect. Within one hundred twenty (120) days of chapter 87 of the Public Acts of 2019 becoming law, the department shall promulgate rules necessary to effectuate the purposes of this chapter. The commissioner is authorized to file emergency rules under § 4-5-208 as necessary for compliance with this subsection (b).
Added by 2019 Tenn. Acts, ch. 87, s 12, eff. 4/4/2019.
Tenn. Code Ann. § 43-11-123 — TN Code / Title 43 / Chapter 11 / Section 43-11-123
Exchanges between manufacturers
Status: in_force

Nothing in this part shall be construed to restrict or avoid sales or exchanges of commercial fertilizers to each other by importers, manufacturers, or manipulators who mix fertilizer materials for sale or as preventing the free and unrestricted shipments of commercial fertilizer to manufacturers or manipulators who have registered their brands as required by the provisions of this part. Acts 1969, ch. 102, § 18; T.C.A., § 43-1143.
Nothing in this part shall be construed to restrict or avoid sales or exchanges of commercial fertilizers to each other by importers, manufacturers, or manipulators who mix fertilizer materials for sale or as preventing the free and unrestricted shipments of commercial fertilizer to manufacturers or manipulators who have registered their brands as required by the provisions of this part.
Acts 1969, ch. 102, § 18; T.C.A., § 43-1143.
Tenn. Code Ann. § 43-11-411 — TN Code / Title 43 / Chapter 11 / Section 43-11-411
Violations - Penalties
Status: in_force

A violation of this part, or any rule or regulation promulgated thereunder, is a Class C misdemeanor. Acts 1989, ch. 7, § 11; 1989, ch. 591, § 113.
A violation of this part, or any rule or regulation promulgated thereunder, is a Class C misdemeanor.
Acts 1989, ch. 7, § 11; 1989, ch. 591, § 113.
Tenn. Code Ann. § 43-38-203 — TN Code / Title 43 / Chapter 38 / Section 43-38-203
Articles of organization - Preparing and filing - Approval - Hearing on rejection of articles
Status: in_force

(a) The organizers shall prepare the articles, which shall include: (1) The name of the cooperative that satisfies the requirements of § 43-38-105 ; (2) The purpose of the cooperative; (3) The name and address of each organizer; (4) The street address and zip code of the principal place of business for the cooperative and the county in which the office is located; (5) The period of duration for the cooperative, if the duration is not to be perpetual; (6) The capital structure of the cooperative, including a statement of the classes and relative rights, preferences, and restrictions granted to or imposed upon each class of member interests, the rights to share in profits or distributions of the cooperative, and the authority to issue member interests, which may be designated to be determined by the board; (7) A provision designating the voting and governance rights, including which membership interests have voting power and any limitations or restrictions on the voting power, which shall be in accordance with this chapter; (8) A statement that patron membership interests with voting power shall be restricted to one (1) vote for each member, regardless of the amount of patron membership interests held in the affairs of the cooperative, or a statement describing the allocation of voting power allocated as prescribed in this chapter; (9) A statement that membership interests held by a member are transferable only with the approval of the board or as provided in the bylaws; (10) The names, post office addresses, and terms of office of the directors of the first board; (11) A statement as to how profits and losses will be allocated and cash will be distributed between patron membership interests collectively and nonpatron membership interests collectively, a statement that net income allocated to patron membership interests as determined by the board in excess of dividends and additions to reserves shall be distributed on the basis of patronage, and that the records of the cooperative shall include the interests of patron membership interests and nonpatron membership interests that may be further described in the bylaws, of any classes, and in the reserves; and (12) The street address and the zip code of the initial registered office of the cooperative, the county in which the office is located, and the name of its initial registered agent in that office. (b) The articles shall contain the provisions in subsection (a), except that the names, post office addresses of the directors of the first board may be omitted after their successors have been elected by the members or the articles are amended or restated in their entirety. (c) The articles may contain any other lawful provision. (d) The articles shall be signed by the organizers. (e) The original articles shall be filed with the secretary of state. The fee for filing the articles with the secretary of state shall be subject to § 43-38-1103(a) . (f) When the articles of organization have been filed with the secretary of state and the required fee has been paid to the secretary of state, it shall be presumed that all conditions precedent that are required to be performed by the organizers have been met. (g) Articles of organization for a cooperative shall not be accepted for filing by the secretary of state unless the articles of organization have been approved in writing by the commissioner. Approval by the commissioner shall be based on a determination by the commissioner that the cooperative will provide new or improved markets for agriculture products in Tennessee or that the cooperative will provide opportunities for patron members of the cooperative to participate in the processing of agricultural products in Tennessee. (h) The commissioner shall either approve or reject the proposed articles of organization within thirty (30) days after all information required by the commissioner has been submitted. (i) If a submission of the articles of organization is rejected by the commissioner, the person or persons submitting the articles of organization may request a hearing to be conducted as a contested case hearing in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. There shall be no right to a hearing pursuant to this subsection (i) unless a written request for a hearing is received by the commissioner within thirty (30) days of the commissioner's rejection of the proposed articles of organization. Acts 2004, ch. 534, § 5.
(a) The organizers shall prepare the articles, which shall include: (1) The name of the cooperative that satisfies the requirements of § 43-38-105 ; (2) The purpose of the cooperative; (3) The name and address of each organizer; (4) The street address and zip code of the principal place of business for the cooperative and the county in which the office is located; (5) The period of duration for the cooperative, if the duration is not to be perpetual; (6) The capital structure of the cooperative, including a statement of the classes and relative rights, preferences, and restrictions granted to or imposed upon each class of member interests, the rights to share in profits or distributions of the cooperative, and the authority to issue member interests, which may be designated to be determined by the board; (7) A provision designating the voting and governance rights, including which membership interests have voting power and any limitations or restrictions on the voting power, which shall be in accordance with this chapter; (8) A statement that patron membership interests with voting power shall be restricted to one (1) vote for each member, regardless of the amount of patron membership interests held in the affairs of the cooperative, or a statement describing the allocation of voting power allocated as prescribed in this chapter; (9) A statement that membership interests held by a member are transferable only with the approval of the board or as provided in the bylaws; (10) The names, post office addresses, and terms of office of the directors of the first board; (11) A statement as to how profits and losses will be allocated and cash will be distributed between patron membership interests collectively and nonpatron membership interests collectively, a statement that net income allocated to patron membership interests as determined by the board in excess of dividends and additions to reserves shall be distributed on the basis of patronage, and that the records of the cooperative shall include the interests of patron membership interests and nonpatron membership interests that may be further described in the bylaws, of any classes, and in the reserves; and (12) The street address and the zip code of the initial registered office of the cooperative, the county in which the office is located, and the name of its initial registered agent in that office.
(1) The name of the cooperative that satisfies the requirements of § 43-38-105 ;
(2) The purpose of the cooperative;
(3) The name and address of each organizer;
(4) The street address and zip code of the principal place of business for the cooperative and the county in which the office is located;
(5) The period of duration for the cooperative, if the duration is not to be perpetual;
(6) The capital structure of the cooperative, including a statement of the classes and relative rights, preferences, and restrictions granted to or imposed upon each class of member interests, the rights to share in profits or distributions of the cooperative, and the authority to issue member interests, which may be designated to be determined by the board;
(7) A provision designating the voting and governance rights, including which membership interests have voting power and any limitations or restrictions on the voting power, which shall be in accordance with this chapter;
(8) A statement that patron membership interests with voting power shall be restricted to one (1) vote for each member, regardless of the amount of patron membership interests held in the affairs of the cooperative, or a statement describing the allocation of voting power allocated as prescribed in this chapter;
(9) A statement that membership interests held by a member are transferable only with the approval of the board or as provided in the bylaws;
(10) The names, post office addresses, and terms of office of the directors of the first board;
(11) A statement as to how profits and losses will be allocated and cash will be distributed between patron membership interests collectively and nonpatron membership interests collectively, a statement that net income allocated to patron membership interests as determined by the board in excess of dividends and additions to reserves shall be distributed on the basis of patronage, and that the records of the cooperative shall include the interests of patron membership interests and nonpatron membership interests that may be further described in the bylaws, of any classes, and in the reserves; and
(12) The street address and the zip code of the initial registered office of the cooperative, the county in which the office is located, and the name of its initial registered agent in that office.
(b) The articles shall contain the provisions in subsection (a), except that the names, post office addresses of the directors of the first board may be omitted after their successors have been elected by the members or the articles are amended or restated in their entirety.
(c) The articles may contain any other lawful provision.
(d) The articles shall be signed by the organizers.
(e) The original articles shall be filed with the secretary of state. The fee for filing the articles with the secretary of state shall be subject to § 43-38-1103(a) .
(f) When the articles of organization have been filed with the secretary of state and the required fee has been paid to the secretary of state, it shall be presumed that all conditions precedent that are required to be performed by the organizers have been met.
(g) Articles of organization for a cooperative shall not be accepted for filing by the secretary of state unless the articles of organization have been approved in writing by the commissioner. Approval by the commissioner shall be based on a determination by the commissioner that the cooperative will provide new or improved markets for agriculture products in Tennessee or that the cooperative will provide opportunities for patron members of the cooperative to participate in the processing of agricultural products in Tennessee.
(h) The commissioner shall either approve or reject the proposed articles of organization within thirty (30) days after all information required by the commissioner has been submitted.
(i) If a submission of the articles of organization is rejected by the commissioner, the person or persons submitting the articles of organization may request a hearing to be conducted as a contested case hearing in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. There shall be no right to a hearing pursuant to this subsection (i) unless a written request for a hearing is received by the commissioner within thirty (30) days of the commissioner's rejection of the proposed articles of organization.
Acts 2004, ch. 534, § 5.
Tenn. Code Ann. § 43-34-101 — TN Code / Title 43 / Chapter 34 / Section 43-34-101
Short title
Status: in_force

This chapter shall be known and may be cited as the "Agricultural District and Farmland Preservation Act of 1995." Acts 1995, ch. 465, § 2.
This chapter shall be known and may be cited as the "Agricultural District and Farmland Preservation Act of 1995."
Acts 1995, ch. 465, § 2.
Tenn. Code Ann. § 43-10-105 — TN Code / Title 43 / Chapter 10 / Section 43-10-105
Label requirements - Treated seeds
Status: in_force

All seed named and treated as defined in this part (for which a separate label may be used) shall be labeled to show the following information: (1) A word or statement indicating that the seed has been treated; (2) The commonly accepted coined, chemical or abbreviated chemical (generic) name of the applied substance or description of the process used; (3) If the substance in the amount present with the seed is harmful to human or other vertebrate animals, a caution statement such as "Do not use for food, feed, or oil purposes." The caution for mercurials and similarly toxic substances shall be a poison statement or symbol; and (4) If the seed is treated with an inoculant, the date beyond which the inoculant is not to be considered effective (date of expiration). Acts 1986, ch. 660, § 6.
All seed named and treated as defined in this part (for which a separate label may be used) shall be labeled to show the following information:
(1) A word or statement indicating that the seed has been treated;
(2) The commonly accepted coined, chemical or abbreviated chemical (generic) name of the applied substance or description of the process used;
(3) If the substance in the amount present with the seed is harmful to human or other vertebrate animals, a caution statement such as "Do not use for food, feed, or oil purposes." The caution for mercurials and similarly toxic substances shall be a poison statement or symbol; and
(4) If the seed is treated with an inoculant, the date beyond which the inoculant is not to be considered effective (date of expiration).
Acts 1986, ch. 660, § 6.
Tenn. Code Ann. § 43-19-208 — TN Code / Title 43 / Chapter 19 / Section 43-19-208
Copy of sample cards with "Inspected" thereon
Status: in_force

Any warehouse keeper called upon to inspect a lot of tobacco shall make a copy of the original sample card, and write on it, in plain letters, "Inspected," adding the date. Acts 1870-1871, ch. 65, § 14; Shan., § 3393; Code 1932, § 6492; T.C.A. (orig. ed.), § 43-2117.
Any warehouse keeper called upon to inspect a lot of tobacco shall make a copy of the original sample card, and write on it, in plain letters, "Inspected," adding the date.
Acts 1870-1871, ch. 65, § 14; Shan., § 3393; Code 1932, § 6492; T.C.A. (orig. ed.), § 43-2117.
Tenn. Code Ann. § 43-35-110 — TN Code / Title 43 / Chapter 35 / Section 43-35-110
Obligations in excess of appropriations-Unlawful
Status: in_force

It is unlawful for the compact administrator or the commissioner's representative, and/or the members of the commission representing the state of Tennessee, to make any agreement, to create any obligation, or to commit the state for any funds, moneys or property in excess of the amounts on hand and/or the amount of appropriation for the biennium. Any such agreement, obligation or commitment shall be null and void. Such agreements, obligations or commitments shall be approved by the attorney general and reporter prior to their execution by the proper officials of the state of Tennessee. Acts 1998, ch. 749, § 11.
It is unlawful for the compact administrator or the commissioner's representative, and/or the members of the commission representing the state of Tennessee, to make any agreement, to create any obligation, or to commit the state for any funds, moneys or property in excess of the amounts on hand and/or the amount of appropriation for the biennium. Any such agreement, obligation or commitment shall be null and void. Such agreements, obligations or commitments shall be approved by the attorney general and reporter prior to their execution by the proper officials of the state of Tennessee.
Acts 1998, ch. 749, § 11.
Tenn. Code Ann. § 43-29-115 — TN Code / Title 43 / Chapter 29 / Section 43-29-115
Use of funds by promotion boards - Reports
Status: in_force

(a) A commodity promotion board shall spend the proceeds of an assessment solely to finance a program of research, education, market development, marketing and advertising designed to promote the increased consumption, production, use and sale of agricultural commodities. (b) A commodity promotion board shall not spend its funds in any manner for political purposes or to influence any legislative action or rulemaking process, either state or federal, or to fund the organizational or membership activities of any group, association or organization. (c) The board may accept gifts and grants and shall invest any idle funds. (d) The members of a commodity promotion board shall not be compensated, but shall be reimbursed travel expenses in accordance with the comprehensive travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter. (e) An annual report of its activities shall be filed with the commissioner on or before the date specified by the commissioner. Acts 1985, ch. 188, § 15; 2012, ch. 1049, § 2.
(a) A commodity promotion board shall spend the proceeds of an assessment solely to finance a program of research, education, market development, marketing and advertising designed to promote the increased consumption, production, use and sale of agricultural commodities.
(b) A commodity promotion board shall not spend its funds in any manner for political purposes or to influence any legislative action or rulemaking process, either state or federal, or to fund the organizational or membership activities of any group, association or organization.
(c) The board may accept gifts and grants and shall invest any idle funds.
(d) The members of a commodity promotion board shall not be compensated, but shall be reimbursed travel expenses in accordance with the comprehensive travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.
(e) An annual report of its activities shall be filed with the commissioner on or before the date specified by the commissioner.
Acts 1985, ch. 188, § 15; 2012, ch. 1049, § 2.
Tenn. Code Ann. § 43-16-132 — TN Code / Title 43 / Chapter 16 / Section 43-16-132
Referendum of policy matters upon demand to entire membership
Status: in_force

Upon demand of one third (1/3) of the entire board of directors, made immediately and so recorded at the same meeting at which the original motion was passed, any matter of policy that has been approved or passed by the board must be referred to the entire membership or the stockholders for decision at the next special or regular meeting; and a special meeting may be called for the purpose. Acts 1923, ch. 100, § 17; Shan. Supp., § 2534a57; Code 1932, §3815; T.C.A. (orig. ed.), § 43-1833.
Upon demand of one third (1/3) of the entire board of directors, made immediately and so recorded at the same meeting at which the original motion was passed, any matter of policy that has been approved or passed by the board must be referred to the entire membership or the stockholders for decision at the next special or regular meeting; and a special meeting may be called for the purpose.
Acts 1923, ch. 100, § 17; Shan. Supp., § 2534a57; Code 1932, §3815; T.C.A. (orig. ed.), § 43-1833.
Tenn. Code Ann. § 43-14-303 — TN Code / Title 43 / Chapter 14 / Section 43-14-303
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 203,s 3, eff. 4/22/2021. Acts 1937 (2nd E. S.), ch. 5, § 2-B, as added by Acts 1937 (3rd E. S.), ch. 5, § 3; C. Supp. 1950, § 552.16 (Williams, § 584.10b); impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 43-1603.
Repealed by 2021 Tenn. Acts, ch. 203,s 3, eff. 4/22/2021.
Acts 1937 (2nd E. S.), ch. 5, § 2-B, as added by Acts 1937 (3rd E. S.), ch. 5, § 3; C. Supp. 1950, § 552.16 (Williams, § 584.10b); impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A. (orig. ed.), § 43-1603.
Tenn. Code Ann. § 43-29-112 — TN Code / Title 43 / Chapter 29 / Section 43-29-112
Referendum on continuation of assessment program
Status: in_force

If the commissioner determines that, during any continuous twelve-month period the assessment program is in effect, over thirty percent (30%) of the proceeds generated by the assessment is being refunded, then the commissioner shall conduct a referendum within one hundred twenty (120) days to determine whether the assessment program should remain in effect. Acts 1985, ch. 188, § 12.
If the commissioner determines that, during any continuous twelve-month period the assessment program is in effect, over thirty percent (30%) of the proceeds generated by the assessment is being refunded, then the commissioner shall conduct a referendum within one hundred twenty (120) days to determine whether the assessment program should remain in effect.
Acts 1985, ch. 188, § 12.
Tenn. Code Ann. § 43-1-503 — TN Code / Title 43 / Chapter 1 / Section 43-1-503
Operation of museum - Annual reports
Status: in_force

The department of agriculture shall transact all necessary and proper business connected with the operation of the museum, which shall include drafting a report on the number and kind of exhibits donated during the preceding year, maintaining a register of visitors, and preparing a suitable report covering the activities of the board during the preceding year, which shall be submitted to the governor for approval. Acts 1959, ch. 294, § 3; T.C.A., § 43-2603; Acts 1980, ch. 737, § 5; T.C.A., § 43-5-103.
The department of agriculture shall transact all necessary and proper business connected with the operation of the museum, which shall include drafting a report on the number and kind of exhibits donated during the preceding year, maintaining a register of visitors, and preparing a suitable report covering the activities of the board during the preceding year, which shall be submitted to the governor for approval.
Acts 1959, ch. 294, § 3; T.C.A., § 43-2603; Acts 1980, ch. 737, § 5; T.C.A., § 43-5-103.
Tenn. Code Ann. § 43-1-705 — TN Code / Title 43 / Chapter 1 / Section 43-1-705
Conflict with federal law
Status: in_force

In the event that the requirements of this part conflict with applicable federal requirements pertaining to the establishment and collection of permit application or compliance fees by the department, the federal requirements shall take precedence over the conflicting requirements of this part. The commissioner of agriculture has the authority to collect the fees in § 43-1-701 and the fees established in accordance with applicable federal requirements. Acts 1994, ch. 960, § 6.
In the event that the requirements of this part conflict with applicable federal requirements pertaining to the establishment and collection of permit application or compliance fees by the department, the federal requirements shall take precedence over the conflicting requirements of this part. The commissioner of agriculture has the authority to collect the fees in § 43-1-701 and the fees established in accordance with applicable federal requirements.
Acts 1994, ch. 960, § 6.
Tenn. Code Ann. § 43-38-1026 — TN Code / Title 43 / Chapter 38 / Section 43-38-1026
Equitable relief - Dissolution and liquidation
Status: in_force

(a) A court may grant equitable relief that it deems just and reasonable in the circumstances or may dissolve a cooperative and liquidate its assets and business: (1) In a supervised voluntary dissolution that is applied for by the cooperative; (2) In an action by a member when it is established that: (A) The directors or the persons having the authority otherwise vested in the board are deadlocked in the management of the cooperative's affairs and the members are unable to break the deadlock; (B) The directors or those in control of the cooperative have acted fraudulently, illegally or in a manner unfairly prejudicial toward one (1) or more members in their capacities as members, directors or officers; (C) The members of the cooperative are so divided in voting power that, for a period that includes the time when two (2) consecutive regular members' meetings were held, they have failed to elect successors to directors whose terms have expired or would have expired upon the election and qualification of their successors; (D) The cooperative assets are being misapplied or wasted; or (E) The period of duration as provided in the articles has expired and has not been extended as provided in this chapter; (3) In an action by a creditor when: (A) The claim of the creditor against the cooperative has been reduced to judgment and an execution on the judgment has been returned unsatisfied; or (B) The cooperative has admitted in writing that the claim of the creditor against the cooperative is due and owing and it is established that the cooperative is unable to pay its debts in the ordinary course of business; or (4) In an action by the attorney general and reporter to dissolve the cooperative in accordance with this subsection (a), when it is established that a decree of dissolution is appropriate. (b) In determining whether to order equitable relief or dissolution, the court shall take into consideration the financial condition of the cooperative, but may not refuse to order equitable relief or dissolution solely on the ground that the cooperative has accumulated operating net income or current operating net income. (c) In deciding whether to order dissolution of the cooperative, the court shall consider whether lesser relief suggested by one (1) or more parties, such as a form of equitable relief or a partial liquidation, would be adequate to permanently relieve the circumstances established under subdivision (a)(2)(B) or (a)(2)(C). Lesser relief may be ordered if it would be appropriate under the facts and circumstances of the case. (d) If the court finds that a party to a proceeding brought under this section has acted arbitrarily, vexatiously, or otherwise not in good faith, the court may in its discretion award reasonable expenses, including attorneys' fees and disbursements, to any of the other parties. (e) Proceedings under this section shall be brought in a court within the county where the registered address of the cooperative is located. (f) It is not necessary to make members parties to the action or proceeding unless relief is sought against them personally. Acts 2004, ch. 534, § 32.
(a) A court may grant equitable relief that it deems just and reasonable in the circumstances or may dissolve a cooperative and liquidate its assets and business: (1) In a supervised voluntary dissolution that is applied for by the cooperative; (2) In an action by a member when it is established that: (A) The directors or the persons having the authority otherwise vested in the board are deadlocked in the management of the cooperative's affairs and the members are unable to break the deadlock; (B) The directors or those in control of the cooperative have acted fraudulently, illegally or in a manner unfairly prejudicial toward one (1) or more members in their capacities as members, directors or officers; (C) The members of the cooperative are so divided in voting power that, for a period that includes the time when two (2) consecutive regular members' meetings were held, they have failed to elect successors to directors whose terms have expired or would have expired upon the election and qualification of their successors; (D) The cooperative assets are being misapplied or wasted; or (E) The period of duration as provided in the articles has expired and has not been extended as provided in this chapter; (3) In an action by a creditor when: (A) The claim of the creditor against the cooperative has been reduced to judgment and an execution on the judgment has been returned unsatisfied; or (B) The cooperative has admitted in writing that the claim of the creditor against the cooperative is due and owing and it is established that the cooperative is unable to pay its debts in the ordinary course of business; or (4) In an action by the attorney general and reporter to dissolve the cooperative in accordance with this subsection (a), when it is established that a decree of dissolution is appropriate.
(1) In a supervised voluntary dissolution that is applied for by the cooperative;
(2) In an action by a member when it is established that: (A) The directors or the persons having the authority otherwise vested in the board are deadlocked in the management of the cooperative's affairs and the members are unable to break the deadlock; (B) The directors or those in control of the cooperative have acted fraudulently, illegally or in a manner unfairly prejudicial toward one (1) or more members in their capacities as members, directors or officers; (C) The members of the cooperative are so divided in voting power that, for a period that includes the time when two (2) consecutive regular members' meetings were held, they have failed to elect successors to directors whose terms have expired or would have expired upon the election and qualification of their successors; (D) The cooperative assets are being misapplied or wasted; or (E) The period of duration as provided in the articles has expired and has not been extended as provided in this chapter;
(A) The directors or the persons having the authority otherwise vested in the board are deadlocked in the management of the cooperative's affairs and the members are unable to break the deadlock;
(B) The directors or those in control of the cooperative have acted fraudulently, illegally or in a manner unfairly prejudicial toward one (1) or more members in their capacities as members, directors or officers;
(C) The members of the cooperative are so divided in voting power that, for a period that includes the time when two (2) consecutive regular members' meetings were held, they have failed to elect successors to directors whose terms have expired or would have expired upon the election and qualification of their successors;
(D) The cooperative assets are being misapplied or wasted; or
(E) The period of duration as provided in the articles has expired and has not been extended as provided in this chapter;
(3) In an action by a creditor when: (A) The claim of the creditor against the cooperative has been reduced to judgment and an execution on the judgment has been returned unsatisfied; or (B) The cooperative has admitted in writing that the claim of the creditor against the cooperative is due and owing and it is established that the cooperative is unable to pay its debts in the ordinary course of business; or
(A) The claim of the creditor against the cooperative has been reduced to judgment and an execution on the judgment has been returned unsatisfied; or
(B) The cooperative has admitted in writing that the claim of the creditor against the cooperative is due and owing and it is established that the cooperative is unable to pay its debts in the ordinary course of business; or
(4) In an action by the attorney general and reporter to dissolve the cooperative in accordance with this subsection (a), when it is established that a decree of dissolution is appropriate.
(b) In determining whether to order equitable relief or dissolution, the court shall take into consideration the financial condition of the cooperative, but may not refuse to order equitable relief or dissolution solely on the ground that the cooperative has accumulated operating net income or current operating net income.
(c) In deciding whether to order dissolution of the cooperative, the court shall consider whether lesser relief suggested by one (1) or more parties, such as a form of equitable relief or a partial liquidation, would be adequate to permanently relieve the circumstances established under subdivision (a)(2)(B) or (a)(2)(C). Lesser relief may be ordered if it would be appropriate under the facts and circumstances of the case.
(d) If the court finds that a party to a proceeding brought under this section has acted arbitrarily, vexatiously, or otherwise not in good faith, the court may in its discretion award reasonable expenses, including attorneys' fees and disbursements, to any of the other parties.
(e) Proceedings under this section shall be brought in a court within the county where the registered address of the cooperative is located.
(f) It is not necessary to make members parties to the action or proceeding unless relief is sought against them personally.
Acts 2004, ch. 534, § 32.
Tenn. Code Ann. § 43-38-904 — TN Code / Title 43 / Chapter 38 / Section 43-38-904
Liability for unlawful distribution
Status: in_force

(a) Unless the member or director complies with the applicable standards of conduct set forth in § 43-38-616 , a member or director who votes for or assents to a distribution made in violation of § 43-38-903 or the articles or bylaws is personally liable to the cooperative for the amount of the distribution that exceeds what could have been distributed without violating § 43-38-903 or the articles or bylaws. (b) A director or member held liable for an unlawful distribution under subsection (a) is entitled to contribution: (1) From every other director and member who voted for or assented to the distribution; and (2) From each member for the amount the member accepted, knowing the distribution was made in violation of § 43-38-903 or the articles or bylaws. (c) Subject to subsection (d), this section shall not affect any obligation or liability of a director or member under the articles or bylaws or other applicable law for the amount of a distribution. (d) Unless otherwise agreed, a member who receives a distribution from a cooperative or an officer or director who votes for or assents to the distribution shall have no liability under this section or other applicable law for the amount of the distribution after the expiration of three (3) years from the date of the distribution. Acts 2004, ch. 534, § 29.
(a) Unless the member or director complies with the applicable standards of conduct set forth in § 43-38-616 , a member or director who votes for or assents to a distribution made in violation of § 43-38-903 or the articles or bylaws is personally liable to the cooperative for the amount of the distribution that exceeds what could have been distributed without violating § 43-38-903 or the articles or bylaws.
(b) A director or member held liable for an unlawful distribution under subsection (a) is entitled to contribution: (1) From every other director and member who voted for or assented to the distribution; and (2) From each member for the amount the member accepted, knowing the distribution was made in violation of § 43-38-903 or the articles or bylaws.
(1) From every other director and member who voted for or assented to the distribution; and
(2) From each member for the amount the member accepted, knowing the distribution was made in violation of § 43-38-903 or the articles or bylaws.
(c) Subject to subsection (d), this section shall not affect any obligation or liability of a director or member under the articles or bylaws or other applicable law for the amount of a distribution.
(d) Unless otherwise agreed, a member who receives a distribution from a cooperative or an officer or director who votes for or assents to the distribution shall have no liability under this section or other applicable law for the amount of the distribution after the expiration of three (3) years from the date of the distribution.
Acts 2004, ch. 534, § 29.
Tenn. Code Ann. § 43-6-112 — TN Code / Title 43 / Chapter 6 / Section 43-6-112
Violations - Penalty
Status: in_force

Any person who violates any provision or requirement of this part or of the rules and regulations made under this part or of any order or notice given pursuant to this part, or who forges, counterfeits, destroys, or wrongfully or improperly, uses any certificate provided for in this part or in the rules and regulations made pursuant to this part, or who interferes with or obstructs the commissioner or any of the commissioner's duly designated employees or agents in the performance of the person's duties, commits a Class C misdemeanor. Acts 1955, ch. 8, § 12; T.C.A., § 43-526; Acts 1989, ch. 591, § 113; 1997, ch. 70, § 10.
Any person who violates any provision or requirement of this part or of the rules and regulations made under this part or of any order or notice given pursuant to this part, or who forges, counterfeits, destroys, or wrongfully or improperly, uses any certificate provided for in this part or in the rules and regulations made pursuant to this part, or who interferes with or obstructs the commissioner or any of the commissioner's duly designated employees or agents in the performance of the person's duties, commits a Class C misdemeanor.
Acts 1955, ch. 8, § 12; T.C.A., § 43-526; Acts 1989, ch. 591, § 113; 1997, ch. 70, § 10.
Tenn. Code Ann. § 43-6-209 — TN Code / Title 43 / Chapter 6 / Section 43-6-209
Appropriation of funds by county
Status: in_force

Upon the adoption of this part by a county, such county thereafter is specifically authorized to appropriate funds to carry out and administer this part. Acts 1961, ch. 306, § 10; T.C.A., § 43-2709.
Upon the adoption of this part by a county, such county thereafter is specifically authorized to appropriate funds to carry out and administer this part.
Acts 1961, ch. 306, § 10; T.C.A., § 43-2709.
Tenn. Code Ann. § 43-20-104 — TN Code / Title 43 / Chapter 20 / Section 43-20-104
Failure of purchaser to file report or pay assessment - Violations - Penalties
Status: in_force

(a) Any purchaser who fails to file a report or to pay any assessment within the time required by the department shall forfeit to the department a penalty of five percent (5%) of the assessment determined to be due, plus one percent (1%) of that amount for each month of delay or fraction thereof after the first month after the report was required to be filed or the assessment became due. The penalty shall be paid over to the board and shall be disposed of by it in the same manner as funds derived from the payment of the assessment imposed. (b) The department shall collect the penalties levied in this section, together with the delinquent assessment, by either of the following methods: (1) By voluntary payment by the person liable; and (2) By legal proceedings instituted in a court of competent jurisdiction. (c) Any person required to pay the assessment provided for in this part who fails to remit the same or who refuses to allow full inspection of the premises, or books, records or other documents relating to the liability of the person for the assessment imposed in this part, or who shall hinder or in any way delay or prevent an inspection, commits a Class C misdemeanor. Acts 1977, ch. 208, § 4; T.C.A., § 43-3004; Acts 1989, ch. 591, § 113.
(a) Any purchaser who fails to file a report or to pay any assessment within the time required by the department shall forfeit to the department a penalty of five percent (5%) of the assessment determined to be due, plus one percent (1%) of that amount for each month of delay or fraction thereof after the first month after the report was required to be filed or the assessment became due. The penalty shall be paid over to the board and shall be disposed of by it in the same manner as funds derived from the payment of the assessment imposed.
(b) The department shall collect the penalties levied in this section, together with the delinquent assessment, by either of the following methods: (1) By voluntary payment by the person liable; and (2) By legal proceedings instituted in a court of competent jurisdiction.
(1) By voluntary payment by the person liable; and
(2) By legal proceedings instituted in a court of competent jurisdiction.
(c) Any person required to pay the assessment provided for in this part who fails to remit the same or who refuses to allow full inspection of the premises, or books, records or other documents relating to the liability of the person for the assessment imposed in this part, or who shall hinder or in any way delay or prevent an inspection, commits a Class C misdemeanor.
Acts 1977, ch. 208, § 4; T.C.A., § 43-3004; Acts 1989, ch. 591, § 113.
Tenn. Code Ann. § 43-6-421 — TN Code / Title 43 / Chapter 6 / Section 43-6-421
Cotton growers' organization - Certification
Status: in_force

(a) The commissioner may certify a cotton growers' organization for the purpose of entering into agreements with the state of Tennessee, other states, the federal government and other parties as may be necessary to carry out the purposes of this part. (b) In order to be eligible for certification by the commissioner, the cotton growers' organization must demonstrate to the satisfaction of the commissioner that: (1) It is a nonprofit organization and could qualify as a tax exempt organization under § 501(a) of the Internal Revenue Code of 1954 [ 26 U.S.C. § 501(a) ] ; (2) Membership in the organization shall be open to all cotton growers in this state; (3) The organization shall have only one (1) class of members with each member entitled to only one (1) vote; and (4) The organization's board of directors shall be comprised as follows: (A) Four (4) Tennessee cotton growers to be appointed by the commissioner; (B) One (1) representative from each cotton producer organization certified as a producer organization by the National Cotton Council and eligible to name delegates to such council; and (C) One (1) representative of state government from this state to be appointed by the commissioner. (c) All books and records of account and minutes of proceedings of the organization shall be available for inspection or audit by the commissioner at any reasonable time. (d) Employees or agents of the growers' organization who handle funds of the organization shall be adequately bonded in an amount to be determined by the commissioner. (e) If the commissioner finds that the growers' organization meets the requirements set forth in subsection (b), the commissioner shall certify the organization in writing, for the purposes of this part only, and such certification shall not affect any other organization of cotton growers established for other purposes. The commissioner shall certify only one (1) such organization; provided, that the commissioner may revoke the certification of the organization if at any time the organization fails to meet the requirements of this part. Acts 1989, ch. 350, § 11.
(a) The commissioner may certify a cotton growers' organization for the purpose of entering into agreements with the state of Tennessee, other states, the federal government and other parties as may be necessary to carry out the purposes of this part.
(b) In order to be eligible for certification by the commissioner, the cotton growers' organization must demonstrate to the satisfaction of the commissioner that: (1) It is a nonprofit organization and could qualify as a tax exempt organization under § 501(a) of the Internal Revenue Code of 1954 [ 26 U.S.C. § 501(a) ] ; (2) Membership in the organization shall be open to all cotton growers in this state; (3) The organization shall have only one (1) class of members with each member entitled to only one (1) vote; and (4) The organization's board of directors shall be comprised as follows: (A) Four (4) Tennessee cotton growers to be appointed by the commissioner; (B) One (1) representative from each cotton producer organization certified as a producer organization by the National Cotton Council and eligible to name delegates to such council; and (C) One (1) representative of state government from this state to be appointed by the commissioner.
(1) It is a nonprofit organization and could qualify as a tax exempt organization under § 501(a) of the Internal Revenue Code of 1954 [ 26 U.S.C. § 501(a) ] ;
(2) Membership in the organization shall be open to all cotton growers in this state;
(3) The organization shall have only one (1) class of members with each member entitled to only one (1) vote; and
(4) The organization's board of directors shall be comprised as follows: (A) Four (4) Tennessee cotton growers to be appointed by the commissioner; (B) One (1) representative from each cotton producer organization certified as a producer organization by the National Cotton Council and eligible to name delegates to such council; and (C) One (1) representative of state government from this state to be appointed by the commissioner.
(A) Four (4) Tennessee cotton growers to be appointed by the commissioner;
(B) One (1) representative from each cotton producer organization certified as a producer organization by the National Cotton Council and eligible to name delegates to such council; and
(C) One (1) representative of state government from this state to be appointed by the commissioner.
(c) All books and records of account and minutes of proceedings of the organization shall be available for inspection or audit by the commissioner at any reasonable time.
(d) Employees or agents of the growers' organization who handle funds of the organization shall be adequately bonded in an amount to be determined by the commissioner.
(e) If the commissioner finds that the growers' organization meets the requirements set forth in subsection (b), the commissioner shall certify the organization in writing, for the purposes of this part only, and such certification shall not affect any other organization of cotton growers established for other purposes. The commissioner shall certify only one (1) such organization; provided, that the commissioner may revoke the certification of the organization if at any time the organization fails to meet the requirements of this part.
Acts 1989, ch. 350, § 11.
Tenn. Code Ann. § 43-38-1108 — TN Code / Title 43 / Chapter 38 / Section 43-38-1108
Penalty for signing false document
Status: in_force

(a) A person commits a Class B misdemeanor, punishable by a fine not to exceed five hundred dollars ($500), if the person signs a document, knowing it to be false in any material respect with intent that the document be delivered to the office of the secretary of state or other required office for filing. (b) The offense created by this section is in addition to any other offense created by law for the same conduct. Acts 2004, ch. 534, § 33.
(a) A person commits a Class B misdemeanor, punishable by a fine not to exceed five hundred dollars ($500), if the person signs a document, knowing it to be false in any material respect with intent that the document be delivered to the office of the secretary of state or other required office for filing.
(b) The offense created by this section is in addition to any other offense created by law for the same conduct.
Acts 2004, ch. 534, § 33.
Tenn. Code Ann. § 43-38-610 — TN Code / Title 43 / Chapter 38 / Section 43-38-610
Compensation of directors
Status: in_force

Unless the articles or bylaws provide otherwise, the board of directors may fix the compensation of directors. Acts 2004, ch. 534, § 25.
Unless the articles or bylaws provide otherwise, the board of directors may fix the compensation of directors.
Acts 2004, ch. 534, § 25.
Tenn. Code Ann. § 43-31-104 — TN Code / Title 43 / Chapter 31 / Section 43-31-104
Extent of supplier's security interest - When it attaches
Status: in_force

(a) A supplier who furnishes crop production inputs has an agricultural input security interest only as provided in this chapter for the unpaid retail cost of the crop production inputs. The security interest attaches to: (1) The existing crops upon the land where a furnished agricultural chemical was applied, or if crops are not planted, to the next production crop following the last date on which the agricultural chemical was applied; (2) The crops produced from furnished seed; or (3) The crops produced, harvested, or processed using a furnished petroleum product. If the crops are grown on leased land and the lease provides for payment in crops, the security interest does not attach to the lessor's portion of the crops. The security interest continues in crop products and proceeds. (b) An agricultural input security interest attaches when the agricultural production inputs are furnished by the supplier to the purchaser. Acts 1986, ch. 922, § 4.
(a) A supplier who furnishes crop production inputs has an agricultural input security interest only as provided in this chapter for the unpaid retail cost of the crop production inputs. The security interest attaches to: (1) The existing crops upon the land where a furnished agricultural chemical was applied, or if crops are not planted, to the next production crop following the last date on which the agricultural chemical was applied; (2) The crops produced from furnished seed; or (3) The crops produced, harvested, or processed using a furnished petroleum product. If the crops are grown on leased land and the lease provides for payment in crops, the security interest does not attach to the lessor's portion of the crops. The security interest continues in crop products and proceeds.
(1) The existing crops upon the land where a furnished agricultural chemical was applied, or if crops are not planted, to the next production crop following the last date on which the agricultural chemical was applied;
(2) The crops produced from furnished seed; or
(3) The crops produced, harvested, or processed using a furnished petroleum product. If the crops are grown on leased land and the lease provides for payment in crops, the security interest does not attach to the lessor's portion of the crops. The security interest continues in crop products and proceeds.
If the crops are grown on leased land and the lease provides for payment in crops, the security interest does not attach to the lessor's portion of the crops. The security interest continues in crop products and proceeds.
(b) An agricultural input security interest attaches when the agricultural production inputs are furnished by the supplier to the purchaser.
Acts 1986, ch. 922, § 4.
Tenn. Code Ann. § 43-38-1022 — TN Code / Title 43 / Chapter 38 / Section 43-38-1022
Court order dissolving cooperative
Status: in_force

(a) In an involuntary or supervised voluntary dissolution, after the costs and expenses of the proceedings and all debts, obligations and liabilities of the cooperative have been paid or discharged and the remaining property and assets have been distributed to its members, or if its property and assets are not sufficient to satisfy and discharge the costs, expenses, debts, obligations and liabilities, when all the property and assets have been applied so far as they will go to their payment according to their priorities, the court shall enter an order dissolving the cooperative. (b) When the order dissolving the cooperative or association has been entered, the cooperative or association is dissolved. Acts 2004, ch. 534, § 32.
(a) In an involuntary or supervised voluntary dissolution, after the costs and expenses of the proceedings and all debts, obligations and liabilities of the cooperative have been paid or discharged and the remaining property and assets have been distributed to its members, or if its property and assets are not sufficient to satisfy and discharge the costs, expenses, debts, obligations and liabilities, when all the property and assets have been applied so far as they will go to their payment according to their priorities, the court shall enter an order dissolving the cooperative.
(b) When the order dissolving the cooperative or association has been entered, the cooperative or association is dissolved.
Acts 2004, ch. 534, § 32.
Tenn. Code Ann. § 43-38-614 — TN Code / Title 43 / Chapter 38 / Section 43-38-614
Action without a meeting of the board of directors
Status: in_force

(a) (1) Unless the articles or bylaws provide otherwise, an action required or permitted to be taken at a board of directors' meeting may be taken without a meeting. If all directors consent to taking the action without a meeting, the affirmative vote for the number of directors that would be necessary to authorize or take the action at a meeting is the act of the board of directors. The action must be evidenced by one (1) or more written consents describing the action taken, signed by each director in one (1) or more counterparts, indicating the signing director's vote or abstention on the action, and shall be included in the minutes or filed with the cooperative's records reflecting the action taken. (2) Notwithstanding subdivision (a)(1), the articles or bylaws may provide for written director action to be taken without all directors consenting to the waiver of actual meeting, but this consent must be of at least two thirds (2/3) of the directors. (b) The written action is effective when the last required director signs the action, unless a different effective time is provided in the written action. (c) If the articles or bylaws permit written action and waiver of meetings by less than all directors, all directors must be notified immediately of the action's text and effective date. Failure to provide the notice does not invalidate the written action. A director who does not sign or consent to the written action has no liability for the action or actions taken by this written action. (d) A consent signed under this section has the effect of a meeting vote and may be described as such in any document. Any action requiring a meeting by the board of directors is satisfied by a consent signed under this section. Acts 2004, ch. 534, § 25.
(a) (1) Unless the articles or bylaws provide otherwise, an action required or permitted to be taken at a board of directors' meeting may be taken without a meeting. If all directors consent to taking the action without a meeting, the affirmative vote for the number of directors that would be necessary to authorize or take the action at a meeting is the act of the board of directors. The action must be evidenced by one (1) or more written consents describing the action taken, signed by each director in one (1) or more counterparts, indicating the signing director's vote or abstention on the action, and shall be included in the minutes or filed with the cooperative's records reflecting the action taken. (2) Notwithstanding subdivision (a)(1), the articles or bylaws may provide for written director action to be taken without all directors consenting to the waiver of actual meeting, but this consent must be of at least two thirds (2/3) of the directors.
(1) Unless the articles or bylaws provide otherwise, an action required or permitted to be taken at a board of directors' meeting may be taken without a meeting. If all directors consent to taking the action without a meeting, the affirmative vote for the number of directors that would be necessary to authorize or take the action at a meeting is the act of the board of directors. The action must be evidenced by one (1) or more written consents describing the action taken, signed by each director in one (1) or more counterparts, indicating the signing director's vote or abstention on the action, and shall be included in the minutes or filed with the cooperative's records reflecting the action taken.
(2) Notwithstanding subdivision (a)(1), the articles or bylaws may provide for written director action to be taken without all directors consenting to the waiver of actual meeting, but this consent must be of at least two thirds (2/3) of the directors.
(b) The written action is effective when the last required director signs the action, unless a different effective time is provided in the written action.
(c) If the articles or bylaws permit written action and waiver of meetings by less than all directors, all directors must be notified immediately of the action's text and effective date. Failure to provide the notice does not invalidate the written action. A director who does not sign or consent to the written action has no liability for the action or actions taken by this written action.
(d) A consent signed under this section has the effect of a meeting vote and may be described as such in any document. Any action requiring a meeting by the board of directors is satisfied by a consent signed under this section.
Acts 2004, ch. 534, § 25.
Tenn. Code Ann. § 43-27-210 — TN Code / Title 43 / Chapter 27 / Section 43-27-210
Limitations on right to use hemp-derived cannabinoid - Rights of others
Status: in_force

(a) This part does not permit a person to: (1) Undertake any task under the influence of a hemp-derived cannabinoid when doing so would constitute negligence or professional malpractice; or (2) Operate, navigate, or be in actual physical control of a motor vehicle, aircraft, motorized watercraft, or any other vehicle while under the influence of a hemp-derived cannabinoid. (b) This part does not require: (1) An employer to accommodate the use of a hemp-derived cannabinoid in a workplace or an employee working while under the influence of a hemp-derived cannabinoid; (2) An individual or establishment in lawful possession of property to allow a guest, client, customer, or other visitor to use a hemp-derived cannabinoid on or in that property; or (3) An individual or establishment in lawful possession of property to admit a guest, client, customer, or other visitor who is impaired as a result of the person's use of a hemp-derived cannabinoid. (c) This part does not exempt a person from prosecution for a criminal offense related to impairment or intoxication resulting from use of a hemp-derived cannabinoid or relieve a person from any requirement under law to submit to a breath, blood, urine, or other test to detect the presence of a controlled substance. (d) This part does not: (1) Limit the ability of an employer to establish, continue, or enforce a drug-free workplace program or policy; (2) Create a cause of action against an employer for wrongful discharge or discrimination; or (3) Allow the possession, sale, manufacture, or distribution of any substance that is otherwise prohibited by title 39, chapter 17, part 4. Added by 2023 Tenn. Acts, ch. 423, s 1, eff. 7/1/2024.
(a) This part does not permit a person to: (1) Undertake any task under the influence of a hemp-derived cannabinoid when doing so would constitute negligence or professional malpractice; or (2) Operate, navigate, or be in actual physical control of a motor vehicle, aircraft, motorized watercraft, or any other vehicle while under the influence of a hemp-derived cannabinoid.
(1) Undertake any task under the influence of a hemp-derived cannabinoid when doing so would constitute negligence or professional malpractice; or
(2) Operate, navigate, or be in actual physical control of a motor vehicle, aircraft, motorized watercraft, or any other vehicle while under the influence of a hemp-derived cannabinoid.
(b) This part does not require: (1) An employer to accommodate the use of a hemp-derived cannabinoid in a workplace or an employee working while under the influence of a hemp-derived cannabinoid; (2) An individual or establishment in lawful possession of property to allow a guest, client, customer, or other visitor to use a hemp-derived cannabinoid on or in that property; or (3) An individual or establishment in lawful possession of property to admit a guest, client, customer, or other visitor who is impaired as a result of the person's use of a hemp-derived cannabinoid.
(1) An employer to accommodate the use of a hemp-derived cannabinoid in a workplace or an employee working while under the influence of a hemp-derived cannabinoid;
(2) An individual or establishment in lawful possession of property to allow a guest, client, customer, or other visitor to use a hemp-derived cannabinoid on or in that property; or
(3) An individual or establishment in lawful possession of property to admit a guest, client, customer, or other visitor who is impaired as a result of the person's use of a hemp-derived cannabinoid.
(c) This part does not exempt a person from prosecution for a criminal offense related to impairment or intoxication resulting from use of a hemp-derived cannabinoid or relieve a person from any requirement under law to submit to a breath, blood, urine, or other test to detect the presence of a controlled substance.
(d) This part does not: (1) Limit the ability of an employer to establish, continue, or enforce a drug-free workplace program or policy; (2) Create a cause of action against an employer for wrongful discharge or discrimination; or (3) Allow the possession, sale, manufacture, or distribution of any substance that is otherwise prohibited by title 39, chapter 17, part 4.
(1) Limit the ability of an employer to establish, continue, or enforce a drug-free workplace program or policy;
(2) Create a cause of action against an employer for wrongful discharge or discrimination; or
(3) Allow the possession, sale, manufacture, or distribution of any substance that is otherwise prohibited by title 39, chapter 17, part 4.
Added by 2023 Tenn. Acts, ch. 423, s 1, eff. 7/1/2024.
Tenn. Code Ann. § 43-1-703 — TN Code / Title 43 / Chapter 1 / Section 43-1-703
Fees authorized - Regulations
Status: in_force

(a) In order to facilitate the proper administration of each statute listed in § 43-1-701(b) , the commissioner of agriculture shall establish fees through the promulgation of rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the various services and functions it performs under each of those statutes including, but not limited to, permit processing fees, license fees, registration fees, plans review fees, facility inspection fees, charter fees, and costs of the department. (b) Until fees are established in accordance with subsection (a), all fees in existence prior to January 1, 2015, under the statutes specified in § 43-1-701(b) , shall remain in full force and effect. (c) It is the intent of the general assembly that the fees established pursuant to subsection (a) shall be used only to provide funding for implementation of, or improvement of the performance of the department in carrying out its duties under, the statutes specified in § 43-1-701(b) , and the fees shall be graduated so that the fees are fairly apportioned to the extent practicable. (d) No permit or renewal of a permit shall be issued to an applicant for a permit under the foregoing authorities until all fees required by this part are paid in full. (e) (1) If any part of a fee imposed under this part is not paid within fifteen (15) days of the due date, a late charge as provided by this part shall at once accrue and be added to the amount due. (2) In addition to other powers and authority provided in this part, the commissioner is authorized to seek injunctive relief in the chancery court of Davidson County or any court of competent jurisdiction for a judgment in the amount owed the state under this part. (3) Any person required to pay the fees set forth under this part who disagrees with the calculation or applicability of the fee may petition the commissioner for a hearing. To perfect a hearing, a petition for a hearing, together with the total amount of the fee due shall be received by the commissioner not later than fifteen (15) days after the due date. The hearing shall be in accordance with contested case provisions set forth in the Uniform Administrative Procedures Act. If it is determined that the amount in dispute was improperly assessed, the commissioner shall return the amount determined to be improperly assessed. (f) The fees of the department shall be assessed according to the following designated tiers: (1) Tier 1. The cost for a tier 1 license, permit, or fee shall be twenty-five dollars ($25.00). The late charge for this tier shall be twelve dollars ($12.00); (2) Tier 2. The cost for a tier 2 license, permit, or fee shall be fifty dollars ($50.00). The late charge for this tier shall be twenty-five dollars ($25.00); (3) Tier 3. The cost for a tier 3 license, permit, or fee shall be one hundred dollars ($100). The late charge for this tier shall be fifty dollars ($50.00); (4) Tier 4. The cost for a tier 4 license, permit, or fee shall be one hundred fifty dollars ($150). The late charge for this tier shall be seventy-five dollars ($75.00); (5) Tier 5. The cost for a tier 5 license, permit, or fee shall be two hundred dollars ($200). The late charge for this tier shall be one hundred dollars ($100); (6) Tier 6. The cost for a tier 6 license, permit, or fee shall be two hundred fifty dollars ($250). The late charge for this tier shall be one hundred twenty-five dollars ($125); (7) Tier 7. The cost for a tier 7 license, permit, or fee shall be three hundred dollars ($300). The late charge for this tier shall be one hundred fifty dollars ($150); (8) Tier 8. The cost for a tier 8 license, permit, or fee shall be three hundred fifty dollars ($350). The late charge for this tier shall be one hundred seventy-five dollars ($175); (9) Tier 9. The cost for a tier 9 license, permit, or fee shall be four hundred dollars ($400). The late charge for this tier shall be two hundred dollars ($200); (10) Tier 10. The cost for a tier 10 license, permit, or fee shall be five hundred dollars ($500). The late charge for this tier shall be two hundred fifty dollars ($250); (11) Tier 11. The cost for a tier 11 license, permit, or fee shall be seven hundred fifty dollars ($750). The late charge for this tier shall be three hundred seventy-five dollars ($375); and (12) Tier 12. The cost for a tier 12 license, permit, or fee shall be one thousand dollars ($1,000). The late charge for this tier shall be five hundred dollars ($500). Amended by 2015 Tenn. Acts, ch. 485,s 2, eff. 7/1/2015. Acts 1994, ch. 960, § 4; 1998, ch. 636, § 2; 2002, ch. 640, §§ 7 - 14, 33.
(a) In order to facilitate the proper administration of each statute listed in § 43-1-701(b) , the commissioner of agriculture shall establish fees through the promulgation of rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for the various services and functions it performs under each of those statutes including, but not limited to, permit processing fees, license fees, registration fees, plans review fees, facility inspection fees, charter fees, and costs of the department.
(b) Until fees are established in accordance with subsection (a), all fees in existence prior to January 1, 2015, under the statutes specified in § 43-1-701(b) , shall remain in full force and effect.
(c) It is the intent of the general assembly that the fees established pursuant to subsection (a) shall be used only to provide funding for implementation of, or improvement of the performance of the department in carrying out its duties under, the statutes specified in § 43-1-701(b) , and the fees shall be graduated so that the fees are fairly apportioned to the extent practicable.
(d) No permit or renewal of a permit shall be issued to an applicant for a permit under the foregoing authorities until all fees required by this part are paid in full.
(e) (1) If any part of a fee imposed under this part is not paid within fifteen (15) days of the due date, a late charge as provided by this part shall at once accrue and be added to the amount due. (2) In addition to other powers and authority provided in this part, the commissioner is authorized to seek injunctive relief in the chancery court of Davidson County or any court of competent jurisdiction for a judgment in the amount owed the state under this part. (3) Any person required to pay the fees set forth under this part who disagrees with the calculation or applicability of the fee may petition the commissioner for a hearing. To perfect a hearing, a petition for a hearing, together with the total amount of the fee due shall be received by the commissioner not later than fifteen (15) days after the due date. The hearing shall be in accordance with contested case provisions set forth in the Uniform Administrative Procedures Act. If it is determined that the amount in dispute was improperly assessed, the commissioner shall return the amount determined to be improperly assessed.
(1) If any part of a fee imposed under this part is not paid within fifteen (15) days of the due date, a late charge as provided by this part shall at once accrue and be added to the amount due.
(2) In addition to other powers and authority provided in this part, the commissioner is authorized to seek injunctive relief in the chancery court of Davidson County or any court of competent jurisdiction for a judgment in the amount owed the state under this part.
(3) Any person required to pay the fees set forth under this part who disagrees with the calculation or applicability of the fee may petition the commissioner for a hearing. To perfect a hearing, a petition for a hearing, together with the total amount of the fee due shall be received by the commissioner not later than fifteen (15) days after the due date. The hearing shall be in accordance with contested case provisions set forth in the Uniform Administrative Procedures Act. If it is determined that the amount in dispute was improperly assessed, the commissioner shall return the amount determined to be improperly assessed.
(f) The fees of the department shall be assessed according to the following designated tiers: (1) Tier 1. The cost for a tier 1 license, permit, or fee shall be twenty-five dollars ($25.00). The late charge for this tier shall be twelve dollars ($12.00); (2) Tier 2. The cost for a tier 2 license, permit, or fee shall be fifty dollars ($50.00). The late charge for this tier shall be twenty-five dollars ($25.00); (3) Tier 3. The cost for a tier 3 license, permit, or fee shall be one hundred dollars ($100). The late charge for this tier shall be fifty dollars ($50.00); (4) Tier 4. The cost for a tier 4 license, permit, or fee shall be one hundred fifty dollars ($150). The late charge for this tier shall be seventy-five dollars ($75.00); (5) Tier 5. The cost for a tier 5 license, permit, or fee shall be two hundred dollars ($200). The late charge for this tier shall be one hundred dollars ($100); (6) Tier 6. The cost for a tier 6 license, permit, or fee shall be two hundred fifty dollars ($250). The late charge for this tier shall be one hundred twenty-five dollars ($125); (7) Tier 7. The cost for a tier 7 license, permit, or fee shall be three hundred dollars ($300). The late charge for this tier shall be one hundred fifty dollars ($150); (8) Tier 8. The cost for a tier 8 license, permit, or fee shall be three hundred fifty dollars ($350). The late charge for this tier shall be one hundred seventy-five dollars ($175); (9) Tier 9. The cost for a tier 9 license, permit, or fee shall be four hundred dollars ($400). The late charge for this tier shall be two hundred dollars ($200); (10) Tier 10. The cost for a tier 10 license, permit, or fee shall be five hundred dollars ($500). The late charge for this tier shall be two hundred fifty dollars ($250); (11) Tier 11. The cost for a tier 11 license, permit, or fee shall be seven hundred fifty dollars ($750). The late charge for this tier shall be three hundred seventy-five dollars ($375); and (12) Tier 12. The cost for a tier 12 license, permit, or fee shall be one thousand dollars ($1,000). The late charge for this tier shall be five hundred dollars ($500).
(1) Tier 1. The cost for a tier 1 license, permit, or fee shall be twenty-five dollars ($25.00). The late charge for this tier shall be twelve dollars ($12.00);
(2) Tier 2. The cost for a tier 2 license, permit, or fee shall be fifty dollars ($50.00). The late charge for this tier shall be twenty-five dollars ($25.00);
(3) Tier 3. The cost for a tier 3 license, permit, or fee shall be one hundred dollars ($100). The late charge for this tier shall be fifty dollars ($50.00);
(4) Tier 4. The cost for a tier 4 license, permit, or fee shall be one hundred fifty dollars ($150). The late charge for this tier shall be seventy-five dollars ($75.00);
(5) Tier 5. The cost for a tier 5 license, permit, or fee shall be two hundred dollars ($200). The late charge for this tier shall be one hundred dollars ($100);
(6) Tier 6. The cost for a tier 6 license, permit, or fee shall be two hundred fifty dollars ($250). The late charge for this tier shall be one hundred twenty-five dollars ($125);
(7) Tier 7. The cost for a tier 7 license, permit, or fee shall be three hundred dollars ($300). The late charge for this tier shall be one hundred fifty dollars ($150);
(8) Tier 8. The cost for a tier 8 license, permit, or fee shall be three hundred fifty dollars ($350). The late charge for this tier shall be one hundred seventy-five dollars ($175);
(9) Tier 9. The cost for a tier 9 license, permit, or fee shall be four hundred dollars ($400). The late charge for this tier shall be two hundred dollars ($200);
(10) Tier 10. The cost for a tier 10 license, permit, or fee shall be five hundred dollars ($500). The late charge for this tier shall be two hundred fifty dollars ($250);
(11) Tier 11. The cost for a tier 11 license, permit, or fee shall be seven hundred fifty dollars ($750). The late charge for this tier shall be three hundred seventy-five dollars ($375); and
(12) Tier 12. The cost for a tier 12 license, permit, or fee shall be one thousand dollars ($1,000). The late charge for this tier shall be five hundred dollars ($500).
Amended by 2015 Tenn. Acts, ch. 485,s 2, eff. 7/1/2015.
Acts 1994, ch. 960, § 4; 1998, ch. 636, § 2; 2002, ch. 640, §§ 7 - 14, 33.
Tenn. Code Ann. § 43-16-118 — TN Code / Title 43 / Chapter 16 / Section 43-16-118
Directors not to be interested in contracts for profit - Directors occupying positions in association
Status: in_force

No director, during that director's term of office, shall be a party to a contract for profit with the association differing in any way from the business relations accorded regular members or holders of common stock of the association or others, or differing from terms generally current in that district. The bylaws may provide that no director shall occupy any position in the association, except the president and secretary, on regular salary or substantially full-time pay. Acts 1923, ch. 100, § 12; Shan. Supp., § 2534a42; Code 1932, §3800; T.C.A. (orig. ed.), § 43-1818.
No director, during that director's term of office, shall be a party to a contract for profit with the association differing in any way from the business relations accorded regular members or holders of common stock of the association or others, or differing from terms generally current in that district. The bylaws may provide that no director shall occupy any position in the association, except the president and secretary, on regular salary or substantially full-time pay.
Acts 1923, ch. 100, § 12; Shan. Supp., § 2534a42; Code 1932, §3800; T.C.A. (orig. ed.), § 43-1818.
Tenn. Code Ann. § 43-19-218 — TN Code / Title 43 / Chapter 19 / Section 43-19-218
Selling or shipping without inspection not prohibited
Status: in_force

No planter or person is prohibited from selling tobacco at private sale, with or without inspection, if such person chooses so to do, nor compelled to have tobacco, though stored in a public or authorized warehouse, inspected; but the person may sell or ship it without inspection. Acts 1870-1871, ch. 65, § 23; impl. am. Acts 1877, ch. 109, § 1; Shan., § 3403; Code 1932, § 6502; T.C.A. (orig. ed.), § 43-2127.
No planter or person is prohibited from selling tobacco at private sale, with or without inspection, if such person chooses so to do, nor compelled to have tobacco, though stored in a public or authorized warehouse, inspected; but the person may sell or ship it without inspection.
Acts 1870-1871, ch. 65, § 23; impl. am. Acts 1877, ch. 109, § 1; Shan., § 3403; Code 1932, § 6502; T.C.A. (orig. ed.), § 43-2127.
Tenn. Code Ann. § 43-19-209 — TN Code / Title 43 / Chapter 19 / Section 43-19-209
Warehouseman not to sell or buy
Status: in_force

(a) No proprietor of a warehouse shall sell any tobacco that has been directly or indirectly bought by that person, or on that person's account, nor directly or indirectly purchase on that person's own account any tobacco stored in that person's warehouse. This section is not to be construed as referring to the sale of crops of tobacco raised by the proprietor or any of the proprietor's agents or employees. (b) No proprietor of a warehouse, nor any deputy of a proprietor, who acts as inspector of tobacco, shall buy or sell any tobacco inspected and sampled by the proprietor or deputy, nor accept any interest or profit in or from the purchase or sale of any tobacco inspected and sampled by that person. (c) Any person violating this section shall forfeit fifty dollars ($50.00) for each hogshead so purchased or sold, or in which such interest or profit was accepted, one half (½) to the state, the other one half (½) to the informer. Acts 1870-1871, ch. 65, § 15; 1889, ch. 192, § 5; Shan., § 3394; Code 1932, § 6493; T.C.A. (orig. ed.), § 43-2118.
(a) No proprietor of a warehouse shall sell any tobacco that has been directly or indirectly bought by that person, or on that person's account, nor directly or indirectly purchase on that person's own account any tobacco stored in that person's warehouse. This section is not to be construed as referring to the sale of crops of tobacco raised by the proprietor or any of the proprietor's agents or employees.
(b) No proprietor of a warehouse, nor any deputy of a proprietor, who acts as inspector of tobacco, shall buy or sell any tobacco inspected and sampled by the proprietor or deputy, nor accept any interest or profit in or from the purchase or sale of any tobacco inspected and sampled by that person.
(c) Any person violating this section shall forfeit fifty dollars ($50.00) for each hogshead so purchased or sold, or in which such interest or profit was accepted, one half (½) to the state, the other one half (½) to the informer.
Acts 1870-1871, ch. 65, § 15; 1889, ch. 192, § 5; Shan., § 3394; Code 1932, § 6493; T.C.A. (orig. ed.), § 43-2118.
Tenn. Code Ann. § 43-39-102 — TN Code / Title 43 / Chapter 39 / Section 43-39-102
Immunity from liability for injury or death
Status: in_force

(a) Except as provided in subsection (b): (1) No agritourism professional is liable for injury to or death of a participant, or damage to a participant's property, resulting solely from the inherent risks of agritourism activities, as long as the warning contained in § 43-39-103(b) is posted as required; and (2) A participant or participant's representative shall not maintain an action against or recover from an agritourism professional for injury, loss, damage, including, but not limited to property damage, or death of the participant resulting exclusively from any of the inherent risks of agritourism activities. (b) Nothing in subsection (a) prevents or limits the liability of an agritourism professional if the agritourism professional or any of its agents does any one (1) or more of the following: (1) Commits an act or omission that constitutes reckless disregard for the safety of the participant or the participant's property, and that act or omission proximately causes injury, damage, or death to the participant, or damage to the participant's property; (2) Has actual knowledge or reasonably should have known of a dangerous condition on the land, facilities, or equipment used in the activity or the dangerous propensity of a particular animal used in the activity and does not make the danger known to the participant, and the danger proximately causes injury, damage, or death to the participant, or damage to the participant's property; (3) Fails to train, or improperly or inadequately trains, employees who are actively involved in agritourism activities, and an act or omission of the employee proximately causes injury, damage, or death to the participant, or damage to the participant's property; (4) Intentionally injures the participant, or damages the participant's property; or (5) Commits any other act, error, or omission that constitutes willful or wanton misconduct, gross negligence, or criminal conduct. (c) Nothing in subsection (a): (1) Prevents or limits the liability of an agritourism professional under the product liability provisions in title 29, chapter 28; or (2) Shall be construed so as to negate that assumption of the risk is an affirmative defense. (d) Any limitation on legal liability afforded by this section to an agritourism professional is in addition to any other limitations of legal liability otherwise provided by law. Amended by 2020 Tenn. Acts, ch. 683, s 1, eff. 6/15/2020. Acts 2009 , ch. 498, § 3.
(a) Except as provided in subsection (b): (1) No agritourism professional is liable for injury to or death of a participant, or damage to a participant's property, resulting solely from the inherent risks of agritourism activities, as long as the warning contained in § 43-39-103(b) is posted as required; and (2) A participant or participant's representative shall not maintain an action against or recover from an agritourism professional for injury, loss, damage, including, but not limited to property damage, or death of the participant resulting exclusively from any of the inherent risks of agritourism activities.
(1) No agritourism professional is liable for injury to or death of a participant, or damage to a participant's property, resulting solely from the inherent risks of agritourism activities, as long as the warning contained in § 43-39-103(b) is posted as required; and
(2) A participant or participant's representative shall not maintain an action against or recover from an agritourism professional for injury, loss, damage, including, but not limited to property damage, or death of the participant resulting exclusively from any of the inherent risks of agritourism activities.
(b) Nothing in subsection (a) prevents or limits the liability of an agritourism professional if the agritourism professional or any of its agents does any one (1) or more of the following: (1) Commits an act or omission that constitutes reckless disregard for the safety of the participant or the participant's property, and that act or omission proximately causes injury, damage, or death to the participant, or damage to the participant's property; (2) Has actual knowledge or reasonably should have known of a dangerous condition on the land, facilities, or equipment used in the activity or the dangerous propensity of a particular animal used in the activity and does not make the danger known to the participant, and the danger proximately causes injury, damage, or death to the participant, or damage to the participant's property; (3) Fails to train, or improperly or inadequately trains, employees who are actively involved in agritourism activities, and an act or omission of the employee proximately causes injury, damage, or death to the participant, or damage to the participant's property; (4) Intentionally injures the participant, or damages the participant's property; or (5) Commits any other act, error, or omission that constitutes willful or wanton misconduct, gross negligence, or criminal conduct.
(1) Commits an act or omission that constitutes reckless disregard for the safety of the participant or the participant's property, and that act or omission proximately causes injury, damage, or death to the participant, or damage to the participant's property;
(2) Has actual knowledge or reasonably should have known of a dangerous condition on the land, facilities, or equipment used in the activity or the dangerous propensity of a particular animal used in the activity and does not make the danger known to the participant, and the danger proximately causes injury, damage, or death to the participant, or damage to the participant's property;
(3) Fails to train, or improperly or inadequately trains, employees who are actively involved in agritourism activities, and an act or omission of the employee proximately causes injury, damage, or death to the participant, or damage to the participant's property;
(4) Intentionally injures the participant, or damages the participant's property; or
(5) Commits any other act, error, or omission that constitutes willful or wanton misconduct, gross negligence, or criminal conduct.
(c) Nothing in subsection (a): (1) Prevents or limits the liability of an agritourism professional under the product liability provisions in title 29, chapter 28; or (2) Shall be construed so as to negate that assumption of the risk is an affirmative defense.
(1) Prevents or limits the liability of an agritourism professional under the product liability provisions in title 29, chapter 28; or
(2) Shall be construed so as to negate that assumption of the risk is an affirmative defense.
(d) Any limitation on legal liability afforded by this section to an agritourism professional is in addition to any other limitations of legal liability otherwise provided by law.
Amended by 2020 Tenn. Acts, ch. 683, s 1, eff. 6/15/2020.
Acts 2009 , ch. 498, § 3.
Tenn. Code Ann. § 43-38-616 — TN Code / Title 43 / Chapter 38 / Section 43-38-616
Standards for directors
Status: in_force

(a) A director shall discharge the duties of the position as a director, including duties as a member of a committee, in good faith, in a manner the director reasonably believes to be in the best interests of the cooperative, and with the care an ordinary prudent person in a like position would exercise under similar circumstances. (b) (1) A director is entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, prepared or presented by: (A) One (1) or more officers or employees of the cooperative whom the director reasonably believes to be reliable and competent in the matters presented; (B) Legal counsel, public accountants, or other persons as to matters that the director reasonably believes are within the person's professional or expert competence; or (C) A committee of the board of directors of which the director is not a member, if the director reasonably believes the committee merits confidence. (2) A director is not acting in good faith if the director has knowledge concerning the matter in question that makes reliance otherwise permitted by subdivision (b)(1) unwarranted. (c) A director is not liable for any action taken as a director, or any failure to take action, if the director performed the duties of the office in compliance with subsections (a) and (b). (d) A director's personal liability to the cooperative or its members for monetary damages for breach of fiduciary duty as a director may be eliminated or limited in the articles or bylaws; such provisions shall not eliminate or limit the liability of a director for the following: (1) For any breach of the director's duty or loyalty to the cooperative or its members; however, the articles or bylaws may define the duty loyalty in a manner to reflect the understanding of the parties; provided, that this definition is not manifestly unreasonable under the circumstances; (2) For acts or omissions not in good faith or that involve intentional misconduct or a knowing violation of law; (3) Under § 43-38-904 ; or (4) For any act or omission occurring before the date when the provision in the articles eliminating or limiting liability becomes effective. (e) Notwithstanding anything to the contrary in this section, the articles or bylaws may define the standard of conduct for directors in a manner to reflect the understanding of the parties; provided, that this definition is not manifestly unreasonable under the circumstances. (f) A person alleging a violation of this section has the burden of proving the violation. Acts 2004, ch. 534, § 25.
(a) A director shall discharge the duties of the position as a director, including duties as a member of a committee, in good faith, in a manner the director reasonably believes to be in the best interests of the cooperative, and with the care an ordinary prudent person in a like position would exercise under similar circumstances.
(b) (1) A director is entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, prepared or presented by: (A) One (1) or more officers or employees of the cooperative whom the director reasonably believes to be reliable and competent in the matters presented; (B) Legal counsel, public accountants, or other persons as to matters that the director reasonably believes are within the person's professional or expert competence; or (C) A committee of the board of directors of which the director is not a member, if the director reasonably believes the committee merits confidence. (2) A director is not acting in good faith if the director has knowledge concerning the matter in question that makes reliance otherwise permitted by subdivision (b)(1) unwarranted.
(1) A director is entitled to rely on information, opinions, reports, or statements, including financial statements and other financial data, prepared or presented by: (A) One (1) or more officers or employees of the cooperative whom the director reasonably believes to be reliable and competent in the matters presented; (B) Legal counsel, public accountants, or other persons as to matters that the director reasonably believes are within the person's professional or expert competence; or (C) A committee of the board of directors of which the director is not a member, if the director reasonably believes the committee merits confidence.
(A) One (1) or more officers or employees of the cooperative whom the director reasonably believes to be reliable and competent in the matters presented;
(B) Legal counsel, public accountants, or other persons as to matters that the director reasonably believes are within the person's professional or expert competence; or
(C) A committee of the board of directors of which the director is not a member, if the director reasonably believes the committee merits confidence.
(2) A director is not acting in good faith if the director has knowledge concerning the matter in question that makes reliance otherwise permitted by subdivision (b)(1) unwarranted.
(c) A director is not liable for any action taken as a director, or any failure to take action, if the director performed the duties of the office in compliance with subsections (a) and (b).
(d) A director's personal liability to the cooperative or its members for monetary damages for breach of fiduciary duty as a director may be eliminated or limited in the articles or bylaws; such provisions shall not eliminate or limit the liability of a director for the following: (1) For any breach of the director's duty or loyalty to the cooperative or its members; however, the articles or bylaws may define the duty loyalty in a manner to reflect the understanding of the parties; provided, that this definition is not manifestly unreasonable under the circumstances; (2) For acts or omissions not in good faith or that involve intentional misconduct or a knowing violation of law; (3) Under § 43-38-904 ; or (4) For any act or omission occurring before the date when the provision in the articles eliminating or limiting liability becomes effective.
(1) For any breach of the director's duty or loyalty to the cooperative or its members; however, the articles or bylaws may define the duty loyalty in a manner to reflect the understanding of the parties; provided, that this definition is not manifestly unreasonable under the circumstances;
(2) For acts or omissions not in good faith or that involve intentional misconduct or a knowing violation of law;
(3) Under § 43-38-904 ; or
(4) For any act or omission occurring before the date when the provision in the articles eliminating or limiting liability becomes effective.
(e) Notwithstanding anything to the contrary in this section, the articles or bylaws may define the standard of conduct for directors in a manner to reflect the understanding of the parties; provided, that this definition is not manifestly unreasonable under the circumstances.
(f) A person alleging a violation of this section has the burden of proving the violation.
Acts 2004, ch. 534, § 25.
Tenn. Code Ann. § 43-11-408 — TN Code / Title 43 / Chapter 11 / Section 43-11-408
Stop sale, or use or removal order
Status: in_force

When the commissioner finds any lot of agricultural liming materials is being offered or exposed for sale in violation of any of the provisions of this part, the commissioner may issue a "stop sale, or use or removal" order to the owner of the lot of materials. The commissioner may hold the lot at a designated place until the law has been complied with or otherwise legally disposed of by written permission of the commissioner. Acts 1989, ch. 7, § 9.
When the commissioner finds any lot of agricultural liming materials is being offered or exposed for sale in violation of any of the provisions of this part, the commissioner may issue a "stop sale, or use or removal" order to the owner of the lot of materials. The commissioner may hold the lot at a designated place until the law has been complied with or otherwise legally disposed of by written permission of the commissioner.
Acts 1989, ch. 7, § 9.
Tenn. Code Ann. § 43-14-308 — TN Code / Title 43 / Chapter 14 / Section 43-14-308
[Repealed]
Status: repealed

Repealed by 2021 Tenn. Acts, ch. 203,s 3, eff. 4/22/2021. Acts 1937 (2nd E. S.), ch. 5, § 7; C. Supp. 1950, § 552.21 (Williams, § 584.15); T.C.A. (orig. ed.), § 43-1608; Acts 2004, ch. 517, § 9.
Repealed by 2021 Tenn. Acts, ch. 203,s 3, eff. 4/22/2021.
Acts 1937 (2nd E. S.), ch. 5, § 7; C. Supp. 1950, § 552.21 (Williams, § 584.15); T.C.A. (orig. ed.), § 43-1608; Acts 2004, ch. 517, § 9.
Tenn. Code Ann. § 43-38-702 — TN Code / Title 43 / Chapter 38 / Section 43-38-702
Complaint
Status: in_force

A complaint in a proceeding brought in the name of a cooperative must allege with particularity the demand made, if any, to obtain action by the board of directors or officers, and either that the demand was refused or ignored, or why the member did not make a demand. Acts 2004, ch. 534, § 26.
A complaint in a proceeding brought in the name of a cooperative must allege with particularity the demand made, if any, to obtain action by the board of directors or officers, and either that the demand was refused or ignored, or why the member did not make a demand.
Acts 2004, ch. 534, § 26.
Tenn. Code Ann. § 43-6-408 — TN Code / Title 43 / Chapter 6 / Section 43-6-408
Destruction or treatment of cotton in elimination zones
Status: in_force

The commissioner may destroy or, in the commissioner's discretion, treat with pesticides volunteer or other noncommercial cotton, and may establish procedures for the purchase and destruction of commercial cotton in elimination zones when the commissioner deems such action necessary to effectuate the purposes of this part. No payment shall be made by the commissioner to the owner or lessee for the destruction or injury of any cotton that was planted in an elimination zone after publication of notice as provided in this part, or was otherwise handled in violation of this part, or the rules adopted pursuant thereto. However, the commissioner shall pay for losses resulting from the destruction of cotton that was planted in such zones prior to publication of the notice. Acts 1989, ch. 350, § 8.
The commissioner may destroy or, in the commissioner's discretion, treat with pesticides volunteer or other noncommercial cotton, and may establish procedures for the purchase and destruction of commercial cotton in elimination zones when the commissioner deems such action necessary to effectuate the purposes of this part. No payment shall be made by the commissioner to the owner or lessee for the destruction or injury of any cotton that was planted in an elimination zone after publication of notice as provided in this part, or was otherwise handled in violation of this part, or the rules adopted pursuant thereto. However, the commissioner shall pay for losses resulting from the destruction of cotton that was planted in such zones prior to publication of the notice.
Acts 1989, ch. 350, § 8.
Tenn. Code Ann. § 43-38-806 — TN Code / Title 43 / Chapter 38 / Section 43-38-806
Duty to demand payment
Status: in_force

(a) A member sent a dissenter's notice described in § 43-38-805 must demand payment and certify whether the member acquired the membership interest before the date required to be set forth in the dissenter's notice pursuant to § 43-38-805(b)(2) . (b) The member who demands payment under subsection (a) retains all other rights of a member until these rights are cancelled or modified by the effectuation of the proposed cooperative action. (c) A member who does not demand payment by the date set in the dissenter's notice is not entitled to payment for the member's membership interest under this part. (d) A demand for payment filed by a member may not be withdrawn unless the cooperative with which it was filed, or the surviving cooperative consents to the withdrawal. Acts 2004, ch. 534, § 27.
(a) A member sent a dissenter's notice described in § 43-38-805 must demand payment and certify whether the member acquired the membership interest before the date required to be set forth in the dissenter's notice pursuant to § 43-38-805(b)(2) .
(b) The member who demands payment under subsection (a) retains all other rights of a member until these rights are cancelled or modified by the effectuation of the proposed cooperative action.
(c) A member who does not demand payment by the date set in the dissenter's notice is not entitled to payment for the member's membership interest under this part.
(d) A demand for payment filed by a member may not be withdrawn unless the cooperative with which it was filed, or the surviving cooperative consents to the withdrawal.
Acts 2004, ch. 534, § 27.
Tenn. Code Ann. § 43-6-307 — TN Code / Title 43 / Chapter 6 / Section 43-6-307
[Repealed]
Status: repealed

Repealed by 2014 Tenn. Acts, ch. 509, s 2, eff. 3/6/2014. Acts 1969, ch. 81, § 7; T.C.A., §§ 43-2807, 43-7-107.
Repealed by 2014 Tenn. Acts, ch. 509, s 2, eff. 3/6/2014.
Acts 1969, ch. 81, § 7; T.C.A., §§ 43-2807, 43-7-107.
Tenn. Code Ann. § 43-8-108 — TN Code / Title 43 / Chapter 8 / Section 43-8-108
Exemptions from penalties
Status: in_force

(a) The penalties provided for violations of § 43-8-103 do not apply to: (1) Any carrier, while lawfully engaged in transporting a pesticide within this state, if the carrier shall, upon request, permit the commissioner or the commissioner's designated agent to copy all records showing the transactions in and movements of the articles; (2) Public officials of this state and the federal government engaged in the performance of their official duties; (3) The manufacturer or shipper of a pesticide for experimental use only: (A) By or under the supervision of an agency of this state or of the federal government authorized by law to conduct research in the field of pesticides; or (B) By others if the pesticide is not sold and if the container thereof is plainly and conspicuously marked "for experimental use only - not to be sold," together with the manufacturer's name and address; provided, that if a written permit has been obtained from the commissioner, pesticides may be sold for experimental purposes subject to such restrictions and conditions as may be set forth in the permit; or (4) Any person who establishes a guaranty signed by, and containing the name and address of, the registrant or person residing in the United States from whom such person purchased and received in good faith the article in the same unbroken package, to the effect that the article was lawfully registered at the time of sale and delivery to such person, and that it complies with the other requirements of this part and part 2 of this chapter, designating this part and part 2 of this chapter. In such case the guarantor shall be subject to the penalties that would otherwise attach to the person holding the guaranty under this part and part 2 of this chapter. (b) This part and part 2 of this chapter shall not apply to any preparation, drug, or chemical intended to be used or sold solely for medicinal use or for toilet purposes. Acts 1951, ch. 150, § 8 (Williams, § 6808.14); T.C.A. (orig. ed.), § 43-709; Acts 1980, ch. 539, § 9; T.C.A., § 43-8-109 .
(a) The penalties provided for violations of § 43-8-103 do not apply to: (1) Any carrier, while lawfully engaged in transporting a pesticide within this state, if the carrier shall, upon request, permit the commissioner or the commissioner's designated agent to copy all records showing the transactions in and movements of the articles; (2) Public officials of this state and the federal government engaged in the performance of their official duties; (3) The manufacturer or shipper of a pesticide for experimental use only: (A) By or under the supervision of an agency of this state or of the federal government authorized by law to conduct research in the field of pesticides; or (B) By others if the pesticide is not sold and if the container thereof is plainly and conspicuously marked "for experimental use only - not to be sold," together with the manufacturer's name and address; provided, that if a written permit has been obtained from the commissioner, pesticides may be sold for experimental purposes subject to such restrictions and conditions as may be set forth in the permit; or (4) Any person who establishes a guaranty signed by, and containing the name and address of, the registrant or person residing in the United States from whom such person purchased and received in good faith the article in the same unbroken package, to the effect that the article was lawfully registered at the time of sale and delivery to such person, and that it complies with the other requirements of this part and part 2 of this chapter, designating this part and part 2 of this chapter. In such case the guarantor shall be subject to the penalties that would otherwise attach to the person holding the guaranty under this part and part 2 of this chapter.
(1) Any carrier, while lawfully engaged in transporting a pesticide within this state, if the carrier shall, upon request, permit the commissioner or the commissioner's designated agent to copy all records showing the transactions in and movements of the articles;
(2) Public officials of this state and the federal government engaged in the performance of their official duties;
(3) The manufacturer or shipper of a pesticide for experimental use only: (A) By or under the supervision of an agency of this state or of the federal government authorized by law to conduct research in the field of pesticides; or (B) By others if the pesticide is not sold and if the container thereof is plainly and conspicuously marked "for experimental use only - not to be sold," together with the manufacturer's name and address; provided, that if a written permit has been obtained from the commissioner, pesticides may be sold for experimental purposes subject to such restrictions and conditions as may be set forth in the permit; or
(A) By or under the supervision of an agency of this state or of the federal government authorized by law to conduct research in the field of pesticides; or
(B) By others if the pesticide is not sold and if the container thereof is plainly and conspicuously marked "for experimental use only - not to be sold," together with the manufacturer's name and address; provided, that if a written permit has been obtained from the commissioner, pesticides may be sold for experimental purposes subject to such restrictions and conditions as may be set forth in the permit; or
(4) Any person who establishes a guaranty signed by, and containing the name and address of, the registrant or person residing in the United States from whom such person purchased and received in good faith the article in the same unbroken package, to the effect that the article was lawfully registered at the time of sale and delivery to such person, and that it complies with the other requirements of this part and part 2 of this chapter, designating this part and part 2 of this chapter. In such case the guarantor shall be subject to the penalties that would otherwise attach to the person holding the guaranty under this part and part 2 of this chapter.
(b) This part and part 2 of this chapter shall not apply to any preparation, drug, or chemical intended to be used or sold solely for medicinal use or for toilet purposes.
Acts 1951, ch. 150, § 8 (Williams, § 6808.14); T.C.A. (orig. ed.), § 43-709; Acts 1980, ch. 539, § 9; T.C.A., § 43-8-109 .
Tenn. Code Ann. § 43-29-111 — TN Code / Title 43 / Chapter 29 / Section 43-29-111
Application for refund of assessments
Status: in_force

Within ninety (90) days of an assessment being withheld by the purchaser, any producer may make application to the commissioner, on forms to be prescribed by the commissioner, for refund of assessments withheld. The application shall be accompanied by copies of sales slips evidencing the withheld assessment for which the refund is sought. Acts 1985, ch. 188, § 11.
Within ninety (90) days of an assessment being withheld by the purchaser, any producer may make application to the commissioner, on forms to be prescribed by the commissioner, for refund of assessments withheld. The application shall be accompanied by copies of sales slips evidencing the withheld assessment for which the refund is sought.
Acts 1985, ch. 188, § 11.
Tenn. Code Ann. § 43-20-212 — TN Code / Title 43 / Chapter 20 / Section 43-20-212
Use of funds - Prohibited use of funds - Minutes - Reports
Status: in_force

(a) The board shall expend the proceeds of the assessment solely to finance a program of research, education, market development, marketing, advertising and other methods designed to promote the increased consumption, production, use and sale of soybean and soybean products. The board may accept gifts and grants, and shall invest its idle funds. (b) The board shall not expend its funds in any manner for political purposes, or to influence any rule-making process, either state or federal. The board shall submit the minutes of all meetings and an annual detailed financial statement to the commissioner, the clerk of the house of representatives, the clerk of the senate and the state library and archives. The annual report shall include, but not be limited to, a list of all grantees of funds and a status report of all grants, indicating utilization of grant funds in compliance with this section. Amended by 2014 Tenn. Acts, ch. 620,s 4, eff. 4/4/2014. Acts 1985, ch. 108, § 12; 1987, ch. 352, § 6.
(a) The board shall expend the proceeds of the assessment solely to finance a program of research, education, market development, marketing, advertising and other methods designed to promote the increased consumption, production, use and sale of soybean and soybean products. The board may accept gifts and grants, and shall invest its idle funds.
(b) The board shall not expend its funds in any manner for political purposes, or to influence any rule-making process, either state or federal. The board shall submit the minutes of all meetings and an annual detailed financial statement to the commissioner, the clerk of the house of representatives, the clerk of the senate and the state library and archives. The annual report shall include, but not be limited to, a list of all grantees of funds and a status report of all grants, indicating utilization of grant funds in compliance with this section.
Amended by 2014 Tenn. Acts, ch. 620,s 4, eff. 4/4/2014.
Acts 1985, ch. 108, § 12; 1987, ch. 352, § 6.
Tenn. Code Ann. § 43-8-203 — TN Code / Title 43 / Chapter 8 / Section 43-8-203
Qualifications for pesticide dealer license
Status: in_force

Each applicant for an original license must demonstrate, upon written, or written and oral, examination to be prescribed by the commissioner, the applicant's knowledge of pesticides, their usefulness and their hazards, the applicant's competence as a pesticide dealer and the applicant's knowledge of the laws and regulations governing the use and sale of pesticides. Acts 1975, ch. 239, § 2; T.C.A., § 43-706; Acts 1980, ch. 539, § 5.
Each applicant for an original license must demonstrate, upon written, or written and oral, examination to be prescribed by the commissioner, the applicant's knowledge of pesticides, their usefulness and their hazards, the applicant's competence as a pesticide dealer and the applicant's knowledge of the laws and regulations governing the use and sale of pesticides.
Acts 1975, ch. 239, § 2; T.C.A., § 43-706; Acts 1980, ch. 539, § 5.
Tenn. Code Ann. § 43-19-103 — TN Code / Title 43 / Chapter 19 / Section 43-19-103
Bond of tobacco warehouseman
Status: in_force

Such person shall also enter into bond, with good and sufficient security, to be approved by the county mayor, and payable to the state, in the sum of five thousand dollars ($5,000), conditioned to keep the warehouse in good condition and repair, so as effectually to protect the tobacco stored in the warehouse, that the person will not sell any tobacco that has been bought by the person or on the person's account, or purchase on such person's own account any tobacco stored in the warehouse, either directly or indirectly, and that the person will perform faithfully all the duties of warehouseman as prescribed by law. Acts 1870-1871, ch. 65, § 4; 1889, ch. 192, § 1; Shan., § 3381; Code 1932, § 6478; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 43-2103; Acts 2003, ch. 90, § 2.
Such person shall also enter into bond, with good and sufficient security, to be approved by the county mayor, and payable to the state, in the sum of five thousand dollars ($5,000), conditioned to keep the warehouse in good condition and repair, so as effectually to protect the tobacco stored in the warehouse, that the person will not sell any tobacco that has been bought by the person or on the person's account, or purchase on such person's own account any tobacco stored in the warehouse, either directly or indirectly, and that the person will perform faithfully all the duties of warehouseman as prescribed by law.
Acts 1870-1871, ch. 65, § 4; 1889, ch. 192, § 1; Shan., § 3381; Code 1932, § 6478; impl. am. Acts 1978, ch. 934, §§ 16, 36; T.C.A. (orig. ed.), § 43-2103; Acts 2003, ch. 90, § 2.
Tenn. Code Ann. § 43-8-102 — TN Code / Title 43 / Chapter 8 / Section 43-8-102
Part definitions
Status: in_force

As used in this part and part 2 of this chapter, unless the context otherwise requires: (1) "Active ingredient" means: (A) In the case of a pesticide other than a plant regulator, defoliant or desiccant, an ingredient that will prevent, destroy, repel or mitigate; (B) In the case of a plant regulator, an ingredient that, through physiological action, will accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of plant growth; (C) In the case of a defoliant, an ingredient that will cause the leaves or foliage to drop from a plant; (D) In the case of a desiccant, an ingredient that will artificially accelerate the drying of plant tissue; and (E) In the case of a spray adjuvant, any ingredient that will act as a functioning agent; (2) "Adjuvant" means any substance that, when added to a pesticide, is intended to aid, modify or enhance its effectiveness by its properties of serving as a wetting agent, detergent, spreading agent, synergist, deposit builder, adhesive, surfactant, emulsifying agent, deflocculating agent, water modifier, or similar agent, with or without toxic properties of its own, and when sold in a package or container separate from that of the pesticide with which it is to be used; (3) "Adulterated" means a condition wherein strength or purity of a pesticide falls below the professed standard of quality as expressed on labeling under which it is sold, or if any substance has been substituted wholly or in part for the pesticide, or if any valuable constituent thereof has been wholly or in part abstracted; (4) "Antidote" means the most practical immediate treatment in case of poisoning and includes first aid treatment; (5) "Commissioner" means the commissioner of agriculture; (6) "Inert ingredient" means an ingredient that is not an active ingredient; (7) "Ingredient statement" means a statement of the name and percentage of each active ingredient, together with the total percentage of all inert ingredients in the pesticide; (8) "Label" means the written, printed or graphic matter on or attached to a pesticide, or the immediate container thereof and the outside container or wrapper of the retail package, if any there be, of the pesticide; (9) "Labeling" means all labels and other written, printed or graphic matter: (A) Upon the pesticide or any of its containers or wrappers; (B) Accompanying the pesticide at any time; or (C) To which reference is made on the label or literature accompanying the pesticide, except when accurate, non-misleading reference is made to current official publications of the state experiment station, the state institute of agriculture, the Tennessee department of agriculture, the department of environment and conservation, or similar federal institutions or other official agencies of this state or other states when such agencies are authorized by law to conduct research in the field of pesticides; (10) "Misbranded" means a condition as to a pesticide, wherein: (A) Its labeling bears any statement, design or graphic representation relative to the pesticide, or to its ingredients, that is false or misleading in any particular; (B) It is an imitation of or is offered for sale under the name of another pesticide; (C) Advertisement by any means is misleading in any particular; (D) The labeling accompanying the pesticide does not contain directions for use that are necessary and when complied with would be adequate to protect health and the environment; (E) The label does not bear an ingredient statement that is displayed on the outside of the immediate container and cannot be easily read as the container is presented or displayed under customary conditions of purchase; (F) Any word, statement or other information required by or under authority of this part and part 2 of this chapter to appear on the label or labeling is not as prominently displayed as other material on the label or labeling; (G) When used as directed or in accordance with commonly recognized practice, it is injurious to humans or other vertebrate animals or vegetation, except weeds, to which it is applied, or to the person applying the pesticide; (H) The label does not contain a warning or caution statement that may be necessary and if complied with is adequate to protect health and the environment; (I) The label does not bear the registration number assigned in connection with its registration; (J) The labeling does not contain a statement of the use classification under which the product is registered; or (K) In the case of a plant regulator, defoliant, or desiccant when used as directed, it is injurious to health and the environment; provided, that physical or physiological effects on plants or parts thereof shall not be deemed to be injurious when this is the purpose for which the plant regulator, defoliant, or desiccant was applied, in accordance with label claims and recommendations; (11) "Person" means any individual, partnership, association, corporation or organized group of persons whether incorporated or not; (12) "Pesticide" means any substance or mixture of substances or chemical intended for defoliating or desiccating plants or for preventing, destroying, repelling, or mitigating any insects, rodents, fungi, bacteria, weeds or other forms of plant or animal life the commissioner shall declare to be a pest. This includes, but is not limited to, insecticides, fungicides, bactericides, herbicides, desiccants, defoliants, plant regulators, adjuvants or nematocides; (13) "Registrant" means the person registering any pesticide pursuant to this part and part 2 of this chapter; and (14) "Use in a manner inconsistent with labeling" as to a pesticide means any use of a registered pesticide in a manner not permitted by its labeling, except that "use in a manner inconsistent with labeling" does not include: (A) Applying a pesticide at any dosage, concentration, or frequency less than that specified on the labeling; (B) Applying a pesticide against any target pest not specified on the labeling if the application is to the crop, animal, or site specified on the labeling, unless federal requirements demand that the labeling specifically state that the pesticide may be used only for the pests specified on the labeling; (C) Employing any method of application not prohibited by the labeling; (D) Mixing a pesticide or pesticides with a fertilizer when such mixture is not prohibited on the labeling; or (E) Any other use otherwise inconsistent but specifically permitted under federal law. Acts 1951, ch. 150, § 2 (Williams, § 6808.8); 1961, ch. 12, § 1; 1977, ch. 65, § 1; T.C.A. (orig. ed.), § 43-702; Acts 1980, ch. 539, § 2; 1992, ch. 693, § 1; 1996, ch. 805, §§ 1-3.
As used in this part and part 2 of this chapter, unless the context otherwise requires:
(1) "Active ingredient" means: (A) In the case of a pesticide other than a plant regulator, defoliant or desiccant, an ingredient that will prevent, destroy, repel or mitigate; (B) In the case of a plant regulator, an ingredient that, through physiological action, will accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of plant growth; (C) In the case of a defoliant, an ingredient that will cause the leaves or foliage to drop from a plant; (D) In the case of a desiccant, an ingredient that will artificially accelerate the drying of plant tissue; and (E) In the case of a spray adjuvant, any ingredient that will act as a functioning agent;
(A) In the case of a pesticide other than a plant regulator, defoliant or desiccant, an ingredient that will prevent, destroy, repel or mitigate;
(B) In the case of a plant regulator, an ingredient that, through physiological action, will accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of plant growth;
(C) In the case of a defoliant, an ingredient that will cause the leaves or foliage to drop from a plant;
(D) In the case of a desiccant, an ingredient that will artificially accelerate the drying of plant tissue; and
(E) In the case of a spray adjuvant, any ingredient that will act as a functioning agent;
(2) "Adjuvant" means any substance that, when added to a pesticide, is intended to aid, modify or enhance its effectiveness by its properties of serving as a wetting agent, detergent, spreading agent, synergist, deposit builder, adhesive, surfactant, emulsifying agent, deflocculating agent, water modifier, or similar agent, with or without toxic properties of its own, and when sold in a package or container separate from that of the pesticide with which it is to be used;
(3) "Adulterated" means a condition wherein strength or purity of a pesticide falls below the professed standard of quality as expressed on labeling under which it is sold, or if any substance has been substituted wholly or in part for the pesticide, or if any valuable constituent thereof has been wholly or in part abstracted;
(4) "Antidote" means the most practical immediate treatment in case of poisoning and includes first aid treatment;
(5) "Commissioner" means the commissioner of agriculture;
(6) "Inert ingredient" means an ingredient that is not an active ingredient;
(7) "Ingredient statement" means a statement of the name and percentage of each active ingredient, together with the total percentage of all inert ingredients in the pesticide;
(8) "Label" means the written, printed or graphic matter on or attached to a pesticide, or the immediate container thereof and the outside container or wrapper of the retail package, if any there be, of the pesticide;
(9) "Labeling" means all labels and other written, printed or graphic matter: (A) Upon the pesticide or any of its containers or wrappers; (B) Accompanying the pesticide at any time; or (C) To which reference is made on the label or literature accompanying the pesticide, except when accurate, non-misleading reference is made to current official publications of the state experiment station, the state institute of agriculture, the Tennessee department of agriculture, the department of environment and conservation, or similar federal institutions or other official agencies of this state or other states when such agencies are authorized by law to conduct research in the field of pesticides;
(A) Upon the pesticide or any of its containers or wrappers;
(B) Accompanying the pesticide at any time; or
(C) To which reference is made on the label or literature accompanying the pesticide, except when accurate, non-misleading reference is made to current official publications of the state experiment station, the state institute of agriculture, the Tennessee department of agriculture, the department of environment and conservation, or similar federal institutions or other official agencies of this state or other states when such agencies are authorized by law to conduct research in the field of pesticides;
(10) "Misbranded" means a condition as to a pesticide, wherein: (A) Its labeling bears any statement, design or graphic representation relative to the pesticide, or to its ingredients, that is false or misleading in any particular; (B) It is an imitation of or is offered for sale under the name of another pesticide; (C) Advertisement by any means is misleading in any particular; (D) The labeling accompanying the pesticide does not contain directions for use that are necessary and when complied with would be adequate to protect health and the environment; (E) The label does not bear an ingredient statement that is displayed on the outside of the immediate container and cannot be easily read as the container is presented or displayed under customary conditions of purchase; (F) Any word, statement or other information required by or under authority of this part and part 2 of this chapter to appear on the label or labeling is not as prominently displayed as other material on the label or labeling; (G) When used as directed or in accordance with commonly recognized practice, it is injurious to humans or other vertebrate animals or vegetation, except weeds, to which it is applied, or to the person applying the pesticide; (H) The label does not contain a warning or caution statement that may be necessary and if complied with is adequate to protect health and the environment; (I) The label does not bear the registration number assigned in connection with its registration; (J) The labeling does not contain a statement of the use classification under which the product is registered; or (K) In the case of a plant regulator, defoliant, or desiccant when used as directed, it is injurious to health and the environment; provided, that physical or physiological effects on plants or parts thereof shall not be deemed to be injurious when this is the purpose for which the plant regulator, defoliant, or desiccant was applied, in accordance with label claims and recommendations;
(A) Its labeling bears any statement, design or graphic representation relative to the pesticide, or to its ingredients, that is false or misleading in any particular;
(B) It is an imitation of or is offered for sale under the name of another pesticide;
(C) Advertisement by any means is misleading in any particular;
(D) The labeling accompanying the pesticide does not contain directions for use that are necessary and when complied with would be adequate to protect health and the environment;
(E) The label does not bear an ingredient statement that is displayed on the outside of the immediate container and cannot be easily read as the container is presented or displayed under customary conditions of purchase;
(F) Any word, statement or other information required by or under authority of this part and part 2 of this chapter to appear on the label or labeling is not as prominently displayed as other material on the label or labeling;
(G) When used as directed or in accordance with commonly recognized practice, it is injurious to humans or other vertebrate animals or vegetation, except weeds, to which it is applied, or to the person applying the pesticide;
(H) The label does not contain a warning or caution statement that may be necessary and if complied with is adequate to protect health and the environment;
(I) The label does not bear the registration number assigned in connection with its registration;
(J) The labeling does not contain a statement of the use classification under which the product is registered; or
(K) In the case of a plant regulator, defoliant, or desiccant when used as directed, it is injurious to health and the environment; provided, that physical or physiological effects on plants or parts thereof shall not be deemed to be injurious when this is the purpose for which the plant regulator, defoliant, or desiccant was applied, in accordance with label claims and recommendations;
(11) "Person" means any individual, partnership, association, corporation or organized group of persons whether incorporated or not;
(12) "Pesticide" means any substance or mixture of substances or chemical intended for defoliating or desiccating plants or for preventing, destroying, repelling, or mitigating any insects, rodents, fungi, bacteria, weeds or other forms of plant or animal life the commissioner shall declare to be a pest. This includes, but is not limited to, insecticides, fungicides, bactericides, herbicides, desiccants, defoliants, plant regulators, adjuvants or nematocides;
(13) "Registrant" means the person registering any pesticide pursuant to this part and part 2 of this chapter; and
(14) "Use in a manner inconsistent with labeling" as to a pesticide means any use of a registered pesticide in a manner not permitted by its labeling, except that "use in a manner inconsistent with labeling" does not include: (A) Applying a pesticide at any dosage, concentration, or frequency less than that specified on the labeling; (B) Applying a pesticide against any target pest not specified on the labeling if the application is to the crop, animal, or site specified on the labeling, unless federal requirements demand that the labeling specifically state that the pesticide may be used only for the pests specified on the labeling; (C) Employing any method of application not prohibited by the labeling; (D) Mixing a pesticide or pesticides with a fertilizer when such mixture is not prohibited on the labeling; or (E) Any other use otherwise inconsistent but specifically permitted under federal law.
(A) Applying a pesticide at any dosage, concentration, or frequency less than that specified on the labeling;
(B) Applying a pesticide against any target pest not specified on the labeling if the application is to the crop, animal, or site specified on the labeling, unless federal requirements demand that the labeling specifically state that the pesticide may be used only for the pests specified on the labeling;
(C) Employing any method of application not prohibited by the labeling;
(D) Mixing a pesticide or pesticides with a fertilizer when such mixture is not prohibited on the labeling; or
(E) Any other use otherwise inconsistent but specifically permitted under federal law.
Acts 1951, ch. 150, § 2 (Williams, § 6808.8); 1961, ch. 12, § 1; 1977, ch. 65, § 1; T.C.A. (orig. ed.), § 43-702; Acts 1980, ch. 539, § 2; 1992, ch. 693, § 1; 1996, ch. 805, §§ 1-3.
Tenn. Code Ann. § 43-29-104 — TN Code / Title 43 / Chapter 29 / Section 43-29-104
Legality of associations or activities - Restraint of trade
Status: in_force

No association, meeting or activity undertaken pursuant to this chapter intended to benefit all the producers, handlers and processors of commodity products shall be illegal or in restraint of trade. Acts 1985, ch. 188, § 4.
No association, meeting or activity undertaken pursuant to this chapter intended to benefit all the producers, handlers and processors of commodity products shall be illegal or in restraint of trade.
Acts 1985, ch. 188, § 4.
Tenn. Code Ann. § 43-27-103 — TN Code / Title 43 / Chapter 27 / Section 43-27-103
Prohibited acts - Exceptions
Status: in_force

(a) The following acts within this state are prohibited: (1) Possession of rooted hemp by any person, other than a common carrier, without a valid license issued by the department; (2) Possession of cannabis with THC concentrations greater than three-tenths of one percent (0.3%) on a dry weight basis; (3) Failure to pay upon reasonable notice any license, sampling, or inspection fee assessed by the department; (4) Violation of this chapter or any rule promulgated under this chapter; or (5) Willful hindrance of the commissioner or the commissioner's authorized agent in performance of their official duties. (b) It is an exception to the application of subdivision (a)(2) that the only cannabis with a THC concentration greater than three-tenths of one percent (0.3%) on a dry weight basis in the person's possession was hemp concentrate and the person was transporting the hemp concentrate within this state from the location where the hemp concentrate was produced to a location where the hemp concentrate was to be reconstituted into consumer products with a THC concentration of not more than three-tenths of one percent (0.3%); provided, however, that the person transporting the hemp concentrate under this subsection (b) must maintain proof of a grower's license from the department in the transport vehicle. Added by 2019 Tenn. Acts, ch. 87, s 12, eff. 4/4/2019.
(a) The following acts within this state are prohibited: (1) Possession of rooted hemp by any person, other than a common carrier, without a valid license issued by the department; (2) Possession of cannabis with THC concentrations greater than three-tenths of one percent (0.3%) on a dry weight basis; (3) Failure to pay upon reasonable notice any license, sampling, or inspection fee assessed by the department; (4) Violation of this chapter or any rule promulgated under this chapter; or (5) Willful hindrance of the commissioner or the commissioner's authorized agent in performance of their official duties.
(1) Possession of rooted hemp by any person, other than a common carrier, without a valid license issued by the department;
(2) Possession of cannabis with THC concentrations greater than three-tenths of one percent (0.3%) on a dry weight basis;
(3) Failure to pay upon reasonable notice any license, sampling, or inspection fee assessed by the department;
(4) Violation of this chapter or any rule promulgated under this chapter; or
(5) Willful hindrance of the commissioner or the commissioner's authorized agent in performance of their official duties.
(b) It is an exception to the application of subdivision (a)(2) that the only cannabis with a THC concentration greater than three-tenths of one percent (0.3%) on a dry weight basis in the person's possession was hemp concentrate and the person was transporting the hemp concentrate within this state from the location where the hemp concentrate was produced to a location where the hemp concentrate was to be reconstituted into consumer products with a THC concentration of not more than three-tenths of one percent (0.3%); provided, however, that the person transporting the hemp concentrate under this subsection (b) must maintain proof of a grower's license from the department in the transport vehicle.
Added by 2019 Tenn. Acts, ch. 87, s 12, eff. 4/4/2019.
Tenn. Code Ann. § 43-34-102 — TN Code / Title 43 / Chapter 34 / Section 43-34-102
Purpose and policy
Status: in_force

It is the intent and purpose of the state to encourage the conservation, protection, and responsible utilization of lands that are managed for purposes of agricultural production. It is recognized that these lands are finite, fragile, and valuable resources that contribute economically and socially to the well being of the state. It is also recognized that these lands are subject to change and conversion from agricultural production as a result of urban expansion, and similar land development measures. It is the policy of the state to provide a process for the recognition of lands dedicated to agricultural production and to assure an accurate understanding of the impacts of public policy decisions that might otherwise alter the capability of those lands to remain in agricultural production. Acts 1995, ch. 465, § 3.
It is the intent and purpose of the state to encourage the conservation, protection, and responsible utilization of lands that are managed for purposes of agricultural production. It is recognized that these lands are finite, fragile, and valuable resources that contribute economically and socially to the well being of the state. It is also recognized that these lands are subject to change and conversion from agricultural production as a result of urban expansion, and similar land development measures. It is the policy of the state to provide a process for the recognition of lands dedicated to agricultural production and to assure an accurate understanding of the impacts of public policy decisions that might otherwise alter the capability of those lands to remain in agricultural production.
Acts 1995, ch. 465, § 3.
Tenn. Code Ann. § 43-40-105 — TN Code / Title 43 / Chapter 40 / Section 43-40-105
Rules and regulations
Status: in_force

The commissioner of agriculture is authorized to promulgate rules and regulations to effectuate the purposes of this chapter, after consulting with the commissioner of economic and community development. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Acts 2010, ch. 686, § 1.
The commissioner of agriculture is authorized to promulgate rules and regulations to effectuate the purposes of this chapter, after consulting with the commissioner of economic and community development. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2010, ch. 686, § 1.
Tenn. Code Ann. § 43-38-1003 — TN Code / Title 43 / Chapter 38 / Section 43-38-1003
Grounds for administrative dissolution
Status: in_force

The secretary of state may commence a proceeding under § 43-38-1004 to dissolve administratively the cooperative if: (1) The cooperative does not deliver its properly completed annual report to the secretary of state within two (2) months after it is due; (2) The cooperative is without a registered agent or registered office in this state for two (2) months or more; (3) The name of a cooperative contained in a document filed pursuant to this chapter fails to comply with § 43-38-105 ; (4) The cooperative does not notify the secretary of state within two (2) months that its registered agent or registered office has been changed, that its registered agent has resigned, or that its registered office has been discontinued; (5) The cooperative delivers to the secretary of state's office a check, bank draft, money order or other such instrument for payment of any fee and it is dishonored upon presentation for payment; or (6) A director, officer, member or other representative of a cooperative signs a document the person knew was false in any material respect with the intent that the document be delivered to the secretary of state for filing. Acts 2004, ch. 534, § 32.
The secretary of state may commence a proceeding under § 43-38-1004 to dissolve administratively the cooperative if:
(1) The cooperative does not deliver its properly completed annual report to the secretary of state within two (2) months after it is due;
(2) The cooperative is without a registered agent or registered office in this state for two (2) months or more;
(3) The name of a cooperative contained in a document filed pursuant to this chapter fails to comply with § 43-38-105 ;
(4) The cooperative does not notify the secretary of state within two (2) months that its registered agent or registered office has been changed, that its registered agent has resigned, or that its registered office has been discontinued;
(5) The cooperative delivers to the secretary of state's office a check, bank draft, money order or other such instrument for payment of any fee and it is dishonored upon presentation for payment; or
(6) A director, officer, member or other representative of a cooperative signs a document the person knew was false in any material respect with the intent that the document be delivered to the secretary of state for filing.
Acts 2004, ch. 534, § 32.
Tenn. Code Ann. § 43-38-1010 — TN Code / Title 43 / Chapter 38 / Section 43-38-1010
Known and unknown claims against cooperative
Status: in_force

(a) When a notice of dissolution has been filed with the secretary of state, and the business of the cooperative is not to be wound up and terminated by merging the dissolved cooperative into a successor organization under § 43-38-122 , then the cooperative may give notice of the filing to each creditor of and claimant against the cooperative, known or unknown, present or future, and contingent or noncontingent, in accordance with subsections (b) and (c). (b) (1) A cooperative may dispose of the known claims against it by following the procedure described in this subsection (b). (2) The dissolved cooperative shall notify its known claimants in writing of the dissolution at any time after the effective date of the dissolution. The written notice must: (A) Describe information that must be included in a claim; (B) State whether the claim is admitted, or not admitted, and if admitted: (i) The amount that is admitted, which may be as of a given date; and (ii) Any interest obligation if fixed by an instrument of indebtedness; (C) Provide a mailing address where a claim may be sent; (D) State the deadline, which may not be fewer than four (4) months from the effective date of the written notice, by which the dissolved cooperative must receive the claim; and (E) State that, except to the extent that any claim is admitted, the claim will be barred if written notice of the claim is not received by the deadline. (3) A claim against the dissolved cooperative is barred to the extent that the dissolved cooperative delivered written notice to the claimant: (A) In accordance with subdivision (b)(2) and the claimant did not deliver a written notice of the claim to the dissolved cooperative by the deadline; or (B) That the claimant's claim is rejected, in whole or in part, and the claimant did not commence a proceeding to enforce the claim within three (3) months from the effective date of the rejection notice. (4) For purposes of this section, "claim" does not include a contingent liability or a claim based on an event occurring after the effective date of dissolution. (5) For purposes of this section, written notice is effective at the earliest of the following: (A) When received; (B) Five (5) days after its deposit in the United States mail, if mailed correctly addressed and with first class postage affixed; (C) On the date shown on the return receipt, if sent by registered or certified mail, return receipt requested, and the receipt signed by or on behalf of the addressee; or (D) Twenty (20) days after deposit in the United States mail, as evidenced by the postmark if mailed correctly addressed, and with other than first class, registered or certified postage affixed. (c) (1) A dissolved cooperative may also publish notice of its dissolution and request that persons with claims against the cooperative present them in accordance with the notice. (2) The notice must: (A) Be published one (1) time in a newspaper of general circulation in the county where the dissolved cooperative's principal executive office is or was last located; (B) Describe the information that must be included in a claim and provide a mailing address where the claim may be sent; and (C) State that a claim against the cooperative will be barred unless a proceeding to endorse the claim is commenced within two (2) years after the publication of the notice. (3) If the cooperative publishes a newspaper notice in accordance with subsection (b), the claim of each of the following claimants is barred unless the claimant commences a proceeding to endorse the claim against the dissolved cooperative within two (2) years after the publication date of the newspaper notice: (A) A claimant who did not receive written notice under subsection (b); (B) A claimant whose claim was timely sent to the dissolved cooperative but not acted on; or (C) A claimant whose claim is contingent or based on an event occurring after the effective date of dissolution. (4) A claim may be enforced under this subsection (c): (A) Against the dissolved cooperative, to the extent of its undistributed assets; or (B) If the assets have been distributed in liquidation, against a member of the dissolved cooperative to the extent of the member's pro rata share of the claim or the cooperative assets distributed to the member in liquidation, whichever is less, but a member's total liability for all claims under this subsection (c) may not exceed the total amount of assets distributed to the member. (d) If the dissolved cooperative does not comply with subsections (b) and (c), claimants against the cooperative may enforce their claims: (1) Against the dissolved cooperative to the extent of its undistributed assets; or (2) If the assets have been distributed in liquidation, against a member of the dissolved cooperative to the extent of the member's pro rata share of the claim or the cooperative assets distributed to the member in liquidation, whichever is less, but a member's total liability for all claims under this section may not exceed the total amount of assets distributed to the member; provided however, that a claim may not be enforced against a member of a dissolved cooperative who received a distribution in liquidation after three (3) years from the date of the filing of articles of termination. Acts 2004, ch. 534, § 32.
(a) When a notice of dissolution has been filed with the secretary of state, and the business of the cooperative is not to be wound up and terminated by merging the dissolved cooperative into a successor organization under § 43-38-122 , then the cooperative may give notice of the filing to each creditor of and claimant against the cooperative, known or unknown, present or future, and contingent or noncontingent, in accordance with subsections (b) and (c).
(b) (1) A cooperative may dispose of the known claims against it by following the procedure described in this subsection (b). (2) The dissolved cooperative shall notify its known claimants in writing of the dissolution at any time after the effective date of the dissolution. The written notice must: (A) Describe information that must be included in a claim; (B) State whether the claim is admitted, or not admitted, and if admitted: (i) The amount that is admitted, which may be as of a given date; and (ii) Any interest obligation if fixed by an instrument of indebtedness; (C) Provide a mailing address where a claim may be sent; (D) State the deadline, which may not be fewer than four (4) months from the effective date of the written notice, by which the dissolved cooperative must receive the claim; and (E) State that, except to the extent that any claim is admitted, the claim will be barred if written notice of the claim is not received by the deadline. (3) A claim against the dissolved cooperative is barred to the extent that the dissolved cooperative delivered written notice to the claimant: (A) In accordance with subdivision (b)(2) and the claimant did not deliver a written notice of the claim to the dissolved cooperative by the deadline; or (B) That the claimant's claim is rejected, in whole or in part, and the claimant did not commence a proceeding to enforce the claim within three (3) months from the effective date of the rejection notice. (4) For purposes of this section, "claim" does not include a contingent liability or a claim based on an event occurring after the effective date of dissolution. (5) For purposes of this section, written notice is effective at the earliest of the following: (A) When received; (B) Five (5) days after its deposit in the United States mail, if mailed correctly addressed and with first class postage affixed; (C) On the date shown on the return receipt, if sent by registered or certified mail, return receipt requested, and the receipt signed by or on behalf of the addressee; or (D) Twenty (20) days after deposit in the United States mail, as evidenced by the postmark if mailed correctly addressed, and with other than first class, registered or certified postage affixed.
(1) A cooperative may dispose of the known claims against it by following the procedure described in this subsection (b).
(2) The dissolved cooperative shall notify its known claimants in writing of the dissolution at any time after the effective date of the dissolution. The written notice must: (A) Describe information that must be included in a claim; (B) State whether the claim is admitted, or not admitted, and if admitted: (i) The amount that is admitted, which may be as of a given date; and (ii) Any interest obligation if fixed by an instrument of indebtedness; (C) Provide a mailing address where a claim may be sent; (D) State the deadline, which may not be fewer than four (4) months from the effective date of the written notice, by which the dissolved cooperative must receive the claim; and (E) State that, except to the extent that any claim is admitted, the claim will be barred if written notice of the claim is not received by the deadline.
(A) Describe information that must be included in a claim;
(B) State whether the claim is admitted, or not admitted, and if admitted: (i) The amount that is admitted, which may be as of a given date; and (ii) Any interest obligation if fixed by an instrument of indebtedness;
(i) The amount that is admitted, which may be as of a given date; and
(ii) Any interest obligation if fixed by an instrument of indebtedness;
(C) Provide a mailing address where a claim may be sent;
(D) State the deadline, which may not be fewer than four (4) months from the effective date of the written notice, by which the dissolved cooperative must receive the claim; and
(E) State that, except to the extent that any claim is admitted, the claim will be barred if written notice of the claim is not received by the deadline.
(3) A claim against the dissolved cooperative is barred to the extent that the dissolved cooperative delivered written notice to the claimant: (A) In accordance with subdivision (b)(2) and the claimant did not deliver a written notice of the claim to the dissolved cooperative by the deadline; or (B) That the claimant's claim is rejected, in whole or in part, and the claimant did not commence a proceeding to enforce the claim within three (3) months from the effective date of the rejection notice.
(A) In accordance with subdivision (b)(2) and the claimant did not deliver a written notice of the claim to the dissolved cooperative by the deadline; or
(B) That the claimant's claim is rejected, in whole or in part, and the claimant did not commence a proceeding to enforce the claim within three (3) months from the effective date of the rejection notice.
(4) For purposes of this section, "claim" does not include a contingent liability or a claim based on an event occurring after the effective date of dissolution.
(5) For purposes of this section, written notice is effective at the earliest of the following: (A) When received; (B) Five (5) days after its deposit in the United States mail, if mailed correctly addressed and with first class postage affixed; (C) On the date shown on the return receipt, if sent by registered or certified mail, return receipt requested, and the receipt signed by or on behalf of the addressee; or (D) Twenty (20) days after deposit in the United States mail, as evidenced by the postmark if mailed correctly addressed, and with other than first class, registered or certified postage affixed.
(A) When received;
(B) Five (5) days after its deposit in the United States mail, if mailed correctly addressed and with first class postage affixed;
(C) On the date shown on the return receipt, if sent by registered or certified mail, return receipt requested, and the receipt signed by or on behalf of the addressee; or
(D) Twenty (20) days after deposit in the United States mail, as evidenced by the postmark if mailed correctly addressed, and with other than first class, registered or certified postage affixed.
(c) (1) A dissolved cooperative may also publish notice of its dissolution and request that persons with claims against the cooperative present them in accordance with the notice. (2) The notice must: (A) Be published one (1) time in a newspaper of general circulation in the county where the dissolved cooperative's principal executive office is or was last located; (B) Describe the information that must be included in a claim and provide a mailing address where the claim may be sent; and (C) State that a claim against the cooperative will be barred unless a proceeding to endorse the claim is commenced within two (2) years after the publication of the notice. (3) If the cooperative publishes a newspaper notice in accordance with subsection (b), the claim of each of the following claimants is barred unless the claimant commences a proceeding to endorse the claim against the dissolved cooperative within two (2) years after the publication date of the newspaper notice: (A) A claimant who did not receive written notice under subsection (b); (B) A claimant whose claim was timely sent to the dissolved cooperative but not acted on; or (C) A claimant whose claim is contingent or based on an event occurring after the effective date of dissolution. (4) A claim may be enforced under this subsection (c): (A) Against the dissolved cooperative, to the extent of its undistributed assets; or (B) If the assets have been distributed in liquidation, against a member of the dissolved cooperative to the extent of the member's pro rata share of the claim or the cooperative assets distributed to the member in liquidation, whichever is less, but a member's total liability for all claims under this subsection (c) may not exceed the total amount of assets distributed to the member.
(1) A dissolved cooperative may also publish notice of its dissolution and request that persons with claims against the cooperative present them in accordance with the notice.
(2) The notice must: (A) Be published one (1) time in a newspaper of general circulation in the county where the dissolved cooperative's principal executive office is or was last located; (B) Describe the information that must be included in a claim and provide a mailing address where the claim may be sent; and (C) State that a claim against the cooperative will be barred unless a proceeding to endorse the claim is commenced within two (2) years after the publication of the notice.
(A) Be published one (1) time in a newspaper of general circulation in the county where the dissolved cooperative's principal executive office is or was last located;
(B) Describe the information that must be included in a claim and provide a mailing address where the claim may be sent; and
(C) State that a claim against the cooperative will be barred unless a proceeding to endorse the claim is commenced within two (2) years after the publication of the notice.
(3) If the cooperative publishes a newspaper notice in accordance with subsection (b), the claim of each of the following claimants is barred unless the claimant commences a proceeding to endorse the claim against the dissolved cooperative within two (2) years after the publication date of the newspaper notice: (A) A claimant who did not receive written notice under subsection (b); (B) A claimant whose claim was timely sent to the dissolved cooperative but not acted on; or (C) A claimant whose claim is contingent or based on an event occurring after the effective date of dissolution.
(A) A claimant who did not receive written notice under subsection (b);
(B) A claimant whose claim was timely sent to the dissolved cooperative but not acted on; or
(C) A claimant whose claim is contingent or based on an event occurring after the effective date of dissolution.
(4) A claim may be enforced under this subsection (c): (A) Against the dissolved cooperative, to the extent of its undistributed assets; or (B) If the assets have been distributed in liquidation, against a member of the dissolved cooperative to the extent of the member's pro rata share of the claim or the cooperative assets distributed to the member in liquidation, whichever is less, but a member's total liability for all claims under this subsection (c) may not exceed the total amount of assets distributed to the member.
(A) Against the dissolved cooperative, to the extent of its undistributed assets; or
(B) If the assets have been distributed in liquidation, against a member of the dissolved cooperative to the extent of the member's pro rata share of the claim or the cooperative assets distributed to the member in liquidation, whichever is less, but a member's total liability for all claims under this subsection (c) may not exceed the total amount of assets distributed to the member.
(d) If the dissolved cooperative does not comply with subsections (b) and (c), claimants against the cooperative may enforce their claims: (1) Against the dissolved cooperative to the extent of its undistributed assets; or (2) If the assets have been distributed in liquidation, against a member of the dissolved cooperative to the extent of the member's pro rata share of the claim or the cooperative assets distributed to the member in liquidation, whichever is less, but a member's total liability for all claims under this section may not exceed the total amount of assets distributed to the member; provided however, that a claim may not be enforced against a member of a dissolved cooperative who received a distribution in liquidation after three (3) years from the date of the filing of articles of termination.
(1) Against the dissolved cooperative to the extent of its undistributed assets; or
(2) If the assets have been distributed in liquidation, against a member of the dissolved cooperative to the extent of the member's pro rata share of the claim or the cooperative assets distributed to the member in liquidation, whichever is less, but a member's total liability for all claims under this section may not exceed the total amount of assets distributed to the member; provided however, that a claim may not be enforced against a member of a dissolved cooperative who received a distribution in liquidation after three (3) years from the date of the filing of articles of termination.
Acts 2004, ch. 534, § 32.
Tenn. Code Ann. § 43-32-210 — TN Code / Title 43 / Chapter 32 / Section 43-32-210
Compensation of claimants
Status: in_force

(a) Within ninety (90) days of the commissioner's approval of a valid claim, the department shall, in accordance with this section, compensate from the Tennessee grain indemnity fund any claimant who has incurred a financial loss due to a failure of a commodity dealer or warehouseman. (1) Any claimant who has incurred a financial loss due to a failure of a commodity dealer shall be entitled to be compensated for eighty-five percent (85%) of a valid claim, to a maximum of one hundred thousand dollars ($100,000), with moneys from the Tennessee grain indemnity fund. To the maximum extent that funds are or may be made available for such purpose, the remaining balance of the claims shall be paid by the department from the assets and other security of the failed dealer. (2) Any claimant who has incurred a financial loss due to the failure of a warehouseman and who has surrendered a warehouse receipt for payment or holds a warehouse receipt and cannot receive value shall be compensated for one hundred percent (100%) of the claim. (b) To the extent that the balance of the grain indemnity fund increases as a result of § 43-32-207(b) , the maximum amount per claimant set forth in subsection (a) shall be adjusted proportionately, so that the maximum amount per claimant shall be maintained at three and one-third percent (31/3%) of the balance of the grain indemnity fund at the time of a failure of a commodity dealer. Acts 1989, ch. 232, § 19; 1997 , ch. 387, § 13; 2011 , ch. 69, § 4.
(a) Within ninety (90) days of the commissioner's approval of a valid claim, the department shall, in accordance with this section, compensate from the Tennessee grain indemnity fund any claimant who has incurred a financial loss due to a failure of a commodity dealer or warehouseman. (1) Any claimant who has incurred a financial loss due to a failure of a commodity dealer shall be entitled to be compensated for eighty-five percent (85%) of a valid claim, to a maximum of one hundred thousand dollars ($100,000), with moneys from the Tennessee grain indemnity fund. To the maximum extent that funds are or may be made available for such purpose, the remaining balance of the claims shall be paid by the department from the assets and other security of the failed dealer. (2) Any claimant who has incurred a financial loss due to the failure of a warehouseman and who has surrendered a warehouse receipt for payment or holds a warehouse receipt and cannot receive value shall be compensated for one hundred percent (100%) of the claim.
(1) Any claimant who has incurred a financial loss due to a failure of a commodity dealer shall be entitled to be compensated for eighty-five percent (85%) of a valid claim, to a maximum of one hundred thousand dollars ($100,000), with moneys from the Tennessee grain indemnity fund. To the maximum extent that funds are or may be made available for such purpose, the remaining balance of the claims shall be paid by the department from the assets and other security of the failed dealer.
(2) Any claimant who has incurred a financial loss due to the failure of a warehouseman and who has surrendered a warehouse receipt for payment or holds a warehouse receipt and cannot receive value shall be compensated for one hundred percent (100%) of the claim.
(b) To the extent that the balance of the grain indemnity fund increases as a result of § 43-32-207(b) , the maximum amount per claimant set forth in subsection (a) shall be adjusted proportionately, so that the maximum amount per claimant shall be maintained at three and one-third percent (31/3%) of the balance of the grain indemnity fund at the time of a failure of a commodity dealer.
Acts 1989, ch. 232, § 19; 1997 , ch. 387, § 13; 2011 , ch. 69, § 4.
Tenn. Code Ann. § 43-15-103 — TN Code / Title 43 / Chapter 15 / Section 43-15-103
Contracts for costs and expenses of agency to be borne proportionately and ratably
Status: in_force

If more than one (1) person appoints or designates the same agent, under similar contracts, with the same powers, the persons may agree in the contracts that they will bear and pay proportionately and ratably, according to the value of their several crops, the costs and expenses of the agency, including warehousing, storing, handling, preparing the crops for market, insurance, and all other legitimate expenses incurred in the handling and sale of the crops. Acts 1907, ch. 155, § 3; Shan., § 3193a6; mod. Code 1932, §7809; T.C.A. (orig. ed.), § 43-1703.
If more than one (1) person appoints or designates the same agent, under similar contracts, with the same powers, the persons may agree in the contracts that they will bear and pay proportionately and ratably, according to the value of their several crops, the costs and expenses of the agency, including warehousing, storing, handling, preparing the crops for market, insurance, and all other legitimate expenses incurred in the handling and sale of the crops.
Acts 1907, ch. 155, § 3; Shan., § 3193a6; mod. Code 1932, §7809; T.C.A. (orig. ed.), § 43-1703.