reglab/housing_qa huggingface dataset:
TN Code § 44-18-102 (2021)
2021 Tennessee Code|Title 44 - Animals and Animal Husbandry|Chapter 18 - Feedlots, Dairy Farms and Poultry Production Houses|§ 44-18-102. Nuisance Action or Proceeding Against Feedlot, Dairy Farm or Poultry Production House

  In any nuisance action or proceeding against a feedlot, dairy farm, or poultry production house brought by or on behalf of a person whose date of ownership of realty is subsequent to the established date of operation of the feedlot, dairy farm or poultry production house, proof of compliance with §§ 44-18-103 and 44-18-104 shall be an absolute defense; provided, that the conditions or circumstances alleged to constitute a nuisance are subject to regulatory jurisdiction in accordance with § 44-18-103 or § 44-18-104.   In any nuisance action or proceeding against a feedlot, dairy farm or poultry production house brought by or on behalf of a person whose date of ownership of realty precedes the established date of operation of the feedlot, dairy farm or poultry production house, but whose actual or proposed use of the realty for residential or commercial purposes is subsequent to the established date of operation of the feedlot, dairy farm or poultry production house, proof of compliance with §§ 44-18-103 and 44-18-104 shall be an absolute defense; provided, that the conditions or circumstances alleged to constitute a nuisance are subject to regulatory jurisdiction in accordance with § 44-18-103 or § 44-18-104.   The normal noises and appearance of the animals or fowls, the noises in the operation of the equipment or the appearance of the equipment, the odors normally associated with any feedlot, dairy farm or poultry production house, the appearance of a feedlot, dairy farm or poultry production house, or litter and/or manure additive that is designed to bind soluble phosphorous in conformity with the Tennessee Natural Resources Conservation Service (NRCS) interim conservation practice standard if used by any feedlot, dairy farm or poultry production house, shall not constitute grounds for any nuisance action or proceeding against a feedlot, dairy farm or poultry production house brought by or on behalf of a person whose date of ownership of realty is subsequent to the established date of operation of the feedlot, dairy farm or poultry production house.
TN Code § 44-18-103 (2021)
2021 Tennessee Code|Title 44 - Animals and Animal Husbandry|Chapter 18 - Feedlots, Dairy Farms and Poultry Production Houses|§ 44-18-103. Applicability of Rules of Department

  This section shall apply to the department's rules except for rules required for delegation of the national pollutant discharge elimination system permit program pursuant to the Federal Water Pollution Control Act, Section 402, Public Law 92-500, 33 U.S.C. 1342, as amended.   The applicability of rules of the department, other than those issued under the Tennessee Air Quality Act, compiled in title 68, chapter 201, part 1, shall be as follows:  A rule of the department in effect before April 12, 1979, shall apply to a feedlot, dairy farm or poultry production house with an established date of operation prior to April 12, 1979;   A rule of the department shall apply to a feedlot, dairy farm or poultry production house with an established date of operation subsequent to the effective date of the rule;   A rule of the department adopted after April 12, 1979, shall not apply to a feedlot, dairy farm or poultry production house holding any department permit and having an established date of operation prior to the effective date of the rule; and   A rule of the department adopted after April 12, 1979, shall not apply to a feedlot, dairy farm or poultry production house not previously required to hold a department permit and having an established date of operation prior to the effective date of the rule.     The applicability of rules promulgated under the “Tennessee Air Quality Act,” compiled in title 68, chapter 201, part 1, shall be as follows:  A rule of the department or the air pollution control board in effect on April 12, 1979, shall apply to a feedlot, dairy farm or poultry production house with an established date of operation prior to April 12, 1979;   A rule of the department or the air pollution control board shall apply to a feedlot, dairy farm or poultry production house with an established date of operation subsequent to the effective date of the rule; and   A rule of the department or the air pollution control board pertaining to a feedlot, dairy farm or poultry production house adopted after April 12, 1979, shall not apply to any feedlot, dairy farm or poultry production house having an established date of operation prior to the effective date of the rule.
TN Code § 44-18-104 (2021)
2021 Tennessee Code|Title 44 - Animals and Animal Husbandry|Chapter 18 - Feedlots, Dairy Farms and Poultry Production Houses|§ 44-18-104. Applicability of Zoning Requirements and Regulations

  The applicability of zoning requirements is as follows:  A zoning requirement shall apply to a feedlot, dairy farm or poultry production house with an established date of operation subsequent to the effective date of the zoning requirements;   A zoning requirement shall not apply to a feedlot, dairy farm or poultry production house with an established date of operation prior to the effective date of the zoning requirement;   A zoning requirement that is in effect on April 12, 1979, shall apply to a feedlot, dairy farm or poultry production house with an established date of operation prior to April 12, 1979; and   A zoning requirement adopted by a city shall not apply to a feedlot, dairy farm or poultry production house that becomes located within an incorporated or unincorporated area subject to regulation by that city by virtue of an incorporation or annexation that takes effect after April 12, 1979.     A person shall comply with this section as a matter of law where no zoning requirement exists.   The applicability of regulations shall be as follows:  A regulation shall apply to a feedlot, dairy farm or poultry production house with an established date of operation subsequent to the effective date of such regulation;   A regulation shall not apply to a feedlot, dairy farm or poultry production house with an established date of operation prior to the effective date of the regulation;   A regulation that is in effect on April 12, 1979, shall apply to a feedlot, dairy farm or poultry production house with an established date of operation prior to April 12, 1979; and   A regulation adopted by a city shall not apply to a feedlot, dairy farm or poultry production house that becomes located within an incorporated or unincorporated area subject to regulation by such city by virtue of an incorporation or annexation that takes effect after April 12, 1979.     A person shall comply with this section as a matter of law where no regulation exists.
TN Code § 44-19-101 (2021)
2021 Tennessee Code|Title 44 - Animals and Animal Husbandry|Chapter 19 - Dairy Industry Promotion Act|§ 44-19-101. Short Title

 This chapter shall be known and may be cited as the “Dairy Industry Promotion Act.”
TN Code § 44-19-102 (2021)
2021 Tennessee Code|Title 44 - Animals and Animal Husbandry|Chapter 19 - Dairy Industry Promotion Act|§ 44-19-102. Legislative Declaration

 It is declared that the general assembly finds that it is in the interest of the public welfare that Tennessee farmers who are producers of milk and milk products be permitted and encouraged to act jointly and in cooperation with other producers, handlers, dealers and processors of milk products in promoting and stimulating, by advertising, research, nutrition education and other methods, the increased consumption, use and sale of all domestic milk and milk products without identification by brand or trade name.
TN Code § 44-19-103 (2021)
2021 Tennessee Code|Title 44 - Animals and Animal Husbandry|Chapter 19 - Dairy Industry Promotion Act|§ 44-19-103. Chapter Definitions

 As used in this chapter, unless the context otherwise requires:   “Commissioner” means the commissioner of agriculture;   “Department” means the department of agriculture;   “Handler” or “dealer” means any person, including any distributor, processor, bulk handler, or operator of a store, who purchases or receives on consignment or otherwise, milk or milk products of every kind and description, within the state, for sale, shipment, storage, processing or manufacture;   “Milk” means milk from cows and all of its natural components, sweet cream, sour cream, skim milk, flavored milk, buttermilk, condensed or concentrated, whole, low fat, or skim milk for use in milk products of every kind and description;   “Person” means any individual, corporation, partnership, association, cooperative or other business entity;   “Processor” means any person engaged in the business of processing milk and other materials into milk products of every kind and description;   “Producer” means every person in the state of Tennessee who produces milk or cream from cows and thereafter causes the same to be marketed as milk, cream or other milk and dairy products who has been issued and possesses a valid current producer's permit or certification, issued by the department;   “Purchaser” means any handler, dealer or processor who purchases or receives milk and milk products from producers on a commercial basis;   “Referendum” means any voting procedure under which affected producers may, by secret ballot, vote for or against an assessment authorized by this chapter;   “Tennessee dairy promotion committee” means a statewide committee appointed by the commissioner established pursuant to this chapter; and   “Vote” means to cast a ballot in a referendum.
TN Code § 44-19-104 (2021)
2021 Tennessee Code|Title 44 - Animals and Animal Husbandry|Chapter 19 - Dairy Industry Promotion Act|§ 44-19-104. Actions Not Illegal or in Restraint of Trade

 No association, meeting or activity undertaken pursuant to this chapter and intended to benefit all of the producers, handlers and processors of milk products shall be illegal or in restraint of trade.
TN Code § 44-19-105 (2021)
2021 Tennessee Code|Title 44 - Animals and Animal Husbandry|Chapter 19 - Dairy Industry Promotion Act|§ 44-19-105. Referendum on Assessment Authorized

 Producers of milk and milk products on a commercial basis may, by referendum of producers held in accordance with this chapter, levy upon themselves an assessment on milk products for the purpose of financing or contributing to the financing of a program of promoting, advertising, researching and other methods designed to increase the consumption, use and sale of domestic milk and milk products.
TN Code § 44-19-106 (2021)
2021 Tennessee Code|Title 44 - Animals and Animal Husbandry|Chapter 19 - Dairy Industry Promotion Act|§ 44-19-106. Petition for Assessment

 Whenever the commissioner has received a petition signed by fifteen percent (15%) of the producers of milk in the state of Tennessee, the commissioner shall publish the filing of the petition through the medium of the public press in the state within fifteen (15) days of the receipt thereof. The petition shall include, but not be limited to, the following:   Date;   Amount of assessment sought, subject to the limits set forth in this chapter, and any change in assessment sought or the termination of an existing assessment;   The date when, if approved, the assessment, change in assessment or termination of an existing assessment will take effect; and   A statement that the persons signing the petition are producers in Tennessee holding a valid producer permit or certification issued by the department.
TN Code § 44-19-107 (2021)
2021 Tennessee Code|Title 44 - Animals and Animal Husbandry|Chapter 19 - Dairy Industry Promotion Act|§ 44-19-107. Consideration and Certification of Petition

 Upon the filing with the commissioner of a petition for referendum, the commissioner shall, within fifteen (15) days thereafter, convene the Tennessee dairy promotion committee, established by § 44-19-114, to consider the petition; and if upon such consideration the committee finds the petition for referendum to meet the requirements of this chapter, then, and in such an event, it shall be the duty of the commissioner to certify the petition for referendum as provided in this chapter.
TN Code § 44-19-108 (2021)
2021 Tennessee Code|Title 44 - Animals and Animal Husbandry|Chapter 19 - Dairy Industry Promotion Act|§ 44-19-108. Filing of Petition — Effect of Referendum

 The commissioner shall, within sixty (60) days after the filing of a petition for referendum, and subject to a finding by the Tennessee dairy promotion committee that the petition is properly filed, determine by referendum whether the producers assent to the proposed assessment, change in assessment or termination of an existing assessment. The producers shall be deemed to have assented to the assessment, change in assessment or termination of an existing assessment if a simple majority of those voting assent to the assessment, change in assessment or termination of an existing assessment by affirmative vote.
TN Code § 44-19-109 (2021)
2021 Tennessee Code|Title 44 - Animals and Animal Husbandry|Chapter 19 - Dairy Industry Promotion Act|§ 44-19-109. Conducting of Referendum — Voting — Qualifications

  Any referendum conducted under this chapter shall be held on a statewide basis.   Persons eligible to participate in the referendum shall include all producers engaged in the production of milk products on a commercial basis, who have been issued and possess a valid current producer's permit, or certification, issued by the department.   In the referendum, individuals so eligible for participation shall have one (1) vote per permit or certificate.
TN Code § 44-19-110 (2021)
2021 Tennessee Code|Title 44 - Animals and Animal Husbandry|Chapter 19 - Dairy Industry Promotion Act|§ 44-19-110. Supervision and Cost of Referendum

 The manner, conduct, and management of any referendum held under this chapter shall be under the supervision and direction of the commissioner. The expense of the referendum shall be paid by the department if there is no assessment currently in effect; otherwise, the Tennessee dairy promotion committee shall bear the cost of the referendum as part of its regular budget.
TN Code § 44-19-111 (2021)
2021 Tennessee Code|Title 44 - Animals and Animal Husbandry|Chapter 19 - Dairy Industry Promotion Act|§ 44-19-111. Notice of Referendum and Assessment — Ballots

 With respect to any referendum conducted under this chapter, the commissioner shall, before calling and announcing such referendum, give notice of the effective date of the assessment, if adopted, and the amount and basis of the assessment proposed to be collected; provided, that no assessment levied under this chapter shall exceed ten cents (10¢) per hundred weight. Voting in the referendum shall be by mail ballots returned to an address determined and announced by the commissioner who shall mail a ballot to all qualified producers eligible to vote in the referendum.
TN Code § 44-19-112 (2021)
2021 Tennessee Code|Title 44 - Animals and Animal Husbandry|Chapter 19 - Dairy Industry Promotion Act|§ 44-19-112. Distribution of Ballots — Declaration of Results

 The commissioner shall prepare and distribute to all eligible voters, by mail, in advance of the referendum, all necessary ballots for the purpose thereof; and following the referendum and within ten (10) days following the return date for such ballots, the commissioner shall canvass and publicly declare the result of the referendum.
TN Code § 44-19-113 (2021)
2021 Tennessee Code|Title 44 - Animals and Animal Husbandry|Chapter 19 - Dairy Industry Promotion Act|§ 44-19-113. Implementation of Results — Imposition, Notice and Disposition of Assessment

 Upon the approval of an assessment or a change in assessment in accordance with this chapter, the commissioner shall notify forthwith, by certified mail, all persons engaged either in the business of purchasing milk directly from producers or marketing milk in this state, either individually or on behalf of producers, that on and after the date specified in such letter, the specified assessment shall be deducted from the producer's payment for the sale or marketing of milk. The assessment so deducted shall, on or before the twenty-fifth day of the month following the end of the month in which milk is sold or marketed, be remitted to the Tennessee dairy promotion committee established in this chapter. These funds, including donations from individuals, concerns, corporations and grants from state or governmental agencies, shall be used for the purpose of promoting and stimulating by advertising, research, nutrition education and other methods, the increased consumption, use and sale, of milk. The books and records relating to the payment of the assessment of all persons who purchase or market milk shall at all times during regular business hours be open for inspection by the commissioner or the commissioner's duly authorized agents.
TN Code § 44-19-114 (2021)
2021 Tennessee Code|Title 44 - Animals and Animal Husbandry|Chapter 19 - Dairy Industry Promotion Act|§ 44-19-114. Tennessee Dairy Promotion Committee

  A Tennessee dairy promotion committee shall be established, which shall consist of an odd number of members with no fewer than five (5) and no more than eleven (11) members. The commissioner shall be an ex officio member with nonvoting status.   The committee shall be organized as a statewide committee appointed by the commissioner from nominations received from agricultural dairy cooperatives and individual producers who are not members of agricultural dairy cooperatives in the state of Tennessee, and shall be known as the Tennessee dairy promotion committee. Nominating procedures, qualifications, representation, and term of office shall be prescribed by the commissioner. The committee shall be composed of producers directly affected by the assessments in proportional representation by method of marketing either through agricultural dairy cooperatives or by direct sale, as the program shall prescribe.   A member of the committee shall be entitled to reimbursement for travel expenses in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter, and fifty dollars ($50.00) per diem while attending meetings of the committee or engaged in the performance of official responsibilities delegated by the committee.   The duties and responsibilities of the committee shall be prescribed by the commissioner and, to the extent applicable, shall include the following duties and responsibilities:  Developing and recommending to the commissioner administrative rules and procedures relating to the assessment;   Recommending to the commissioner such amendments to the administrative procedures as may be deemed advisable;   Preparing and effectuating the estimated budget required for the proper operation of the committee;   Developing methods for assessing producers, and methods for collecting the necessary funds;   Collecting and assembling information and data necessary for the proper administration of the assessment program;   Contracting with existing non-brand dairy promotion organizations; and   Performing any other duties necessary for the operation of the dairy industry promotion program in coordination with the commissioner.
TN Code § 44-19-115 (2021)
2021 Tennessee Code|Title 44 - Animals and Animal Husbandry|Chapter 19 - Dairy Industry Promotion Act|§ 44-19-115. Refund of Promotion Money

 If and when the national program pursuant to the Dairy and Tobacco Adjustment Act of 1983 (Public Law 98-180) establishes a procedure for the return of promotion moneys to the producer, at the producer's request, then and only then shall the Tennessee dairy promotion committee, upon written request of any producer, refund from the funds collected from that producer pursuant to this chapter the same proportion of moneys as the national program. The refund request by affidavit of the individual producers shall provide for the refund of moneys collected from that producer during the immediately preceding three-month period, except producers may request a partial refund. Refund forms shall be provided to producers at the producers' request by the committee, and producers desiring refunds shall file refund forms before the end of the month immediately following the three-month period for which the refund is being requested. Producers shall establish their right to a refund by providing copies of vouchers or sales receipts from processors or buyers showing contributions withheld from the producer pursuant to this chapter.
TN Code § 44-19-116 (2021)
2021 Tennessee Code|Title 44 - Animals and Animal Husbandry|Chapter 19 - Dairy Industry Promotion Act|§ 44-19-116. Deposits — Disbursements

 Any moneys collected pursuant to this chapter shall not be state funds, and shall be deposited in a bank or other depository in this state, as from time to time determined by the Tennessee dairy promotion committee, allocated to the dairy industry promotion program under which they are collected, and disbursed by the committee only for necessary expenses incurred with respect to the program, including expenses and per diem of the committee, in accordance with the rules and regulations established under the program by the commissioner.
TN Code § 44-19-117 (2021)
2021 Tennessee Code|Title 44 - Animals and Animal Husbandry|Chapter 19 - Dairy Industry Promotion Act|§ 44-19-117. Investments — Use of Funds

 The Tennessee dairy promotion committee may invest all assessments, gifts or grants that are collected or received by the committee. The committee may not use funds received, collected or accrued for any purpose other than program operations including the purposes designated for those funds in this chapter, and the reasonable costs or expenses necessary to the operation of the committee. No such funds may be used to influence either state or federal legislation or rule making.
TN Code § 44-19-118 (2021)
2021 Tennessee Code|Title 44 - Animals and Animal Husbandry|Chapter 19 - Dairy Industry Promotion Act|§ 44-19-118. Change or Termination of Assessment — Petition — Referendum

 Upon written petition duly signed by fifteen percent (15%) of the producers affected by the assessment, the commissioner shall, in accordance with the procedure established  in §§ 44-19-109 — 44-19-112, conduct a referendum to determine whether the producers assent to a change of the assessment or to terminate the assessment. The producers shall be deemed to have assented to a change of the assessment or termination of assessment if a majority of those voting vote in favor of the change or termination.
TN Code § 44-19-119 (2021)
2021 Tennessee Code|Title 44 - Animals and Animal Husbandry|Chapter 19 - Dairy Industry Promotion Act|§ 44-19-119. Reports — Information — Audits

  The commissioner may require purchasers to file such information and reports as may be reasonably necessary to assist in carrying out the purposes of this chapter.   The Tennessee dairy promotion committee shall prepare an annual report of its activities through June 30 of each year, and submit this report to the commissioner.   The annual report and all books of accounts and financial records of all funds received by assessment shall be subject to audit annually by the comptroller of the treasury. The audit may be performed by a licensed independent public accountant selected by the committee and approved by the comptroller of the treasury. The cost of any audit shall be paid by the committee. The comptroller of the treasury shall ensure that audits are prepared in accordance with generally accepted governmental auditing standards and determine if the audits meet minimum audit standards prescribed by the comptroller of the treasury. No audit may be accepted as meeting the requirements of this section until approved by the comptroller of the treasury.