reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 7 - MEAT INSPECTION AND REGULATIONS (§§ 53-7-101 — 53-7-307) › Part 2 - TENNESSEE MEAT AND POULTRY INSPECTION ACT (§§ 53-7-201 — 53-7-221) › Section 53-7-211 - Violators entitled to notice and hearing preceding reports of violations to district attorney general - Alternatives to criminal prosecution

(a)
Before any violation of this part is reported by the commissioner to the district attorney general for institution of a criminal proceeding, the person against whom the proceeding is contemplated shall be given reasonable notice of the alleged violation and opportunity to present the person's views orally or in writing with regard to the contemplated proceeding.
(b)
Nothing in this part shall be construed as requiring the commissioner to report for criminal prosecution violations of this part if the commissioner believes that the public interest will be adequately served and compliance with this part obtained by a suitable written notice or warning.
Acts 1967, ch. 99, § 11; T.C.A., § 52-925.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 7 - MEAT INSPECTION AND REGULATIONS (§§ 53-7-101 — 53-7-307) › Part 2 - TENNESSEE MEAT AND POULTRY INSPECTION ACT (§§ 53-7-201 — 53-7-221) › Section 53-7-212 - Cease and desist orders

(a)
Whenever it is brought to the attention of the commissioner that any person operating an establishment continues to willfully operate in violation of this part and after written notice of the violations has been given, the commissioner may issue a cease and desist order against the establishment.
(b)
The cease and desist order issued under subsection (a) shall set forth the reasons for its issuance, and shall be personally delivered to the person or the person's agents or sent by registered mail to the address of the establishment.
(c)
If the person continues to ignore the cease and desist order, the commissioner is authorized to withdraw or deny inspection for such length of time as is necessary to effectuate compliance with this part.
(d)
Any court review that might be desired of action taken by the commissioner shall be reviewed exclusively as provided for in §
53-7-217
.
Acts 1967, ch. 99, § 12; T.C.A., § 52-926.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 7 - MEAT INSPECTION AND REGULATIONS (§§ 53-7-101 — 53-7-307) › Part 2 - TENNESSEE MEAT AND POULTRY INSPECTION ACT (§§ 53-7-201 — 53-7-221) › Section 53-7-213 - [See Note] Commissioner to promulgate rules and regulations (§ 53-7-213) › 1

(a)
The commissioner is authorized to promulgate rules and regulations that in the commissioner's judgment will implement and help effectuate the purposes of this part.
(b)
(1)
By rules and regulations, the commissioner is authorized to establish standards for meat and poultry and for meat food products and poultry products, and to prescribe labeling and advertising standards and requirements.
(2)
Subdivision (b)(1) is not intended in any way to limit the commissioner's authority to prescribe other rules and regulations pursuant to this part.
(c)
The rules and regulations shall be promulgated pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(d)
In promulgating rules and regulations pursuant to this part, the commissioner may consider rules and regulations that have been promulgated pursuant to the federal Meat Inspection Act (
21 U.S.C. § 601
et seq.), or the federal Poultry Products Inspection Act (
21 U.S.C. § 451
et seq.).
Acts 1967, ch. 99, § 13; modified; T.C.A., § 52-927; Acts 1992, ch. 862, § 1; 2007 , ch. 421, § 16.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 7 - MEAT INSPECTION AND REGULATIONS (§§ 53-7-101 — 53-7-307) › Part 2 - TENNESSEE MEAT AND POULTRY INSPECTION ACT (§§ 53-7-201 — 53-7-221) › Section 53-7-214 - [See Note] Relation of part to other laws (§ 53-7-214) › 1

(a)
This part shall not apply to any act or transaction subject to regulation under the federal Meat Inspection Act (
21 U.S.C. § 601
et seq.), or the federal Poultry Products Inspection Act (
21 U.S.C. § 451
et seq.); provided, that inspectors are not excluded from making routine inspections and from taking samples at federally inspected plants for determining compliance with related federal acts and for compliance with state acts; and provided, further, that graduated license fees shall be required of those plants slaughtering livestock and poultry and processing meat food products and poultry products.
(b)
The commissioner may cooperate with the federal government in carrying out this part or the federal Meat Inspection Act or the federal Poultry Products Inspection Act.
(c)
Compliance with this part does not relieve any person from compliance with the Tennessee Food, Drug and Cosmetic Act, compiled in chapter 1 of this title, and associated regulations and with the Testing and Sealing - Use of Weights and Measures Act, compiled in title 47, chapter 26, part 9, and associated regulations.
Acts 1967, ch. 99, § 14; T.C.A., § 52-928.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 7 - MEAT INSPECTION AND REGULATIONS (§§ 53-7-101 — 53-7-307) › Part 2 - TENNESSEE MEAT AND POULTRY INSPECTION ACT (§§ 53-7-201 — 53-7-221) › Section 53-7-214 - [See Note] Relation of part to other laws (§ 53-7-214) › 2

(a)
This part does not apply to any act or transaction subject to regulation under the federal Poultry Products Inspection Act (
21 U.S.C. § 451
et seq.); provided, that inspectors are not excluded from making routine inspections and from taking samples at federally inspected plants for determining compliance with related federal acts and for compliance with state law.
(b)
Notwithstanding a law to the contrary, the commissioner may cooperate with the federal government in carrying out this part or the federal Meat Inspection Act for a state inspection program for interstate commerce.
(c)
Compliance with this part does not relieve any person from compliance with the Tennessee Food, Drug and Cosmetic Act, compiled in chapter 1 of this title, and associated regulations and with the Testing and Sealing - Use of Weights and Measures Act, compiled in title 47, chapter 26, part 9, and associated regulations.
Amended by 2023 Tenn. Acts, ch. 380,s 3, eff. thirty days following receipt from the federal food safety and inspection service (FSIS) of the United States department of agriculture that Tennessee has met the requirements under the federal Meat Inspection Act (21 U.S.C. 601 et seq.) to enter into a cooperative agreement with FSIS for a state meat inspection program.
Acts 1967, ch. 99, § 14; T.C.A., § 52-928.
This section is set out more than once due to postponed, multiple, or conflicting amendments.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 7 - MEAT INSPECTION AND REGULATIONS (§§ 53-7-101 — 53-7-307) › Part 2 - TENNESSEE MEAT AND POULTRY INSPECTION ACT (§§ 53-7-201 — 53-7-221) › Section 53-7-215 - Cost of inspections borne by department of agriculture - Exception

The cost of inspections made to effectuate this part shall be borne by the department of agriculture; provided, that any extra cost of inspection resulting from overtime operation shall be borne by the establishment operating overtime pursuant to reasonable rules and regulations with respect to inspections that may be promulgated by the commissioner.
Acts 1967, ch. 99, § 15; T.C.A., § 52-929.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 7 - MEAT INSPECTION AND REGULATIONS (§§ 53-7-101 — 53-7-307) › Part 2 - TENNESSEE MEAT AND POULTRY INSPECTION ACT (§§ 53-7-201 — 53-7-221) › Section 53-7-216 - License required for the operation of an establishment - Application

(a)
No person shall maintain an establishment for the slaughtering of livestock or poultry or the processing of livestock, deer, or poultry without first having secured a license from the department of agriculture and having paid all inspection and license fees.
(b)
Each separate business location shall be licensed, and the license shall not be transferable.
(c)
Any person desiring a license shall make written application to the commissioner, stating the information required by the commissioner.
(d)
Upon receipt of the application, the department shall make an examination and inspection of the establishment, and if it is found to be in a sanitary condition and to conform to the requirements of this part and of the regulations promulgated pursuant to this part, the commissioner, upon receipt of the license and inspection fees provided in §
53-7-219
, shall issue a license authorizing the applicant to carry on the establishment for the slaughtering of livestock or poultry or the processing of livestock, deer, or poultry.
(e)
The license shall be valid for the remainder of the calendar year for which it is issued.
Acts 1967, ch. 99, § 16; T.C.A., § 52-930; Acts 2007, ch. 421, §§ 17, 18.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 7 - MEAT INSPECTION AND REGULATIONS (§§ 53-7-101 — 53-7-307) › Part 2 - TENNESSEE MEAT AND POULTRY INSPECTION ACT (§§ 53-7-201 — 53-7-221) › Section 53-7-218 - Exclusive method of reviewing orders of commissioner - Disposition of confiscated property

(a)
The remedy and procedure provided in §
53-7-217
shall be the exclusive method of reviewing all orders of the commissioner issued pursuant to the hearing authorized by this part and shall be the sole remedy of any petitioner or claimant. No judge or any court shall have the authority or jurisdiction to interfere by replevin, injunction, supersedeas or in any other manner, with any order of the commissioner issued pursuant to this part, but the order shall remain in full force and effect until the final decision of the supreme court, except where the judgment of the circuit court is not appealed from and has become a final judgment.
(b)
(1)
When the order of the commissioner or the judgment of any court becomes final, authorizing a seizure or confiscation, the device, material, article, commodity, product or any other thing being used, possessed or handled in contravention of this part shall be destroyed by the commissioner.
(2)
If no petition or claim is interposed, the property seized or confiscated shall be forfeited without further proceedings and the property shall be disposed of as provided for in subdivision (b)(1).
Acts 1967, ch. 99, § 18; T.C.A., § 52-932.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 7 - MEAT INSPECTION AND REGULATIONS (§§ 53-7-101 — 53-7-307) › Part 2 - TENNESSEE MEAT AND POULTRY INSPECTION ACT (§§ 53-7-201 — 53-7-221) › Section 53-7-219 - Fees for licenses and inspections

The fee for licenses and inspection issued pursuant to this part shall be set by rule pursuant to §
43-1-703
.
Amended by 2015 Tenn. Acts, ch. 485,s 36, eff. 7/1/2015.
Acts 1967, ch. 99, § 19; 1969, ch. 108, § 3; T.C.A., § 52-933.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 7 - MEAT INSPECTION AND REGULATIONS (§§ 53-7-101 — 53-7-307) › Part 2 - TENNESSEE MEAT AND POULTRY INSPECTION ACT (§§ 53-7-201 — 53-7-221) › Section 53-7-220 - Licensing of custom slaughterers - Fee

(a)
Upon application, custom slaughterers shall also be licensed by the department of agriculture for the same periods of time as other licensees; provided, that the custom slaughterers first satisfy the commissioner that they are qualified and competent to conduct their operations in conformity with the applicable provisions of this part and regulations duly promulgated pursuant to this part.
(b)
No person shall engage in custom slaughtering or deer processing without first being licensed.
(c)
The department shall collect from each custom slaughterer or deer processor an annual license fee set by rule pursuant to §
43-1-703
.
Amended by 2015 Tenn. Acts, ch. 485,s 37, eff. 7/1/2015.
Acts 1967, ch. 99, § 20; T.C.A., § 52-934; Acts 2007, ch. 421, § 19.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 7 - MEAT INSPECTION AND REGULATIONS (§§ 53-7-101 — 53-7-307) › Part 3 - TENNESSEE BIOLOGICAL RESIDUE ACT OF 1972 (§§ 53-7-301 — 53-7-307) › Section 53-7-301 - Short title

This part shall be known and may be cited as the "Tennessee Biological Residue Act of 1972."
Acts 1972, ch. 604, § 1; T.C.A., § 52-935.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 7 - MEAT INSPECTION AND REGULATIONS (§§ 53-7-101 — 53-7-307) › Part 3 - TENNESSEE BIOLOGICAL RESIDUE ACT OF 1972 (§§ 53-7-301 — 53-7-307) › Section 53-7-302 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Animal" means any member of the animal kingdom whether domesticated or wild, but not including humans;
(2)
"Animal product" means any product derived from any animal or animals that is or could be suitable for human consumption;
(3)
"Biological residue" means any substance, including metabolites, remaining in or on any animal prior to or at the time of slaughter, in or on any of its tissues after slaughter, or in or on any animal product as the result of treatment with or exposure of the animal or animal product to any pesticide, organic or inorganic compound, hormone-like substance, growth promoter, antibiotic, anthelmintic, tranquilizer, or other therapeutic or prophylactic agent;
(4)
"Commissioner" means the commissioner of agriculture or the commissioner's designated representative; and
(5)
"Person" means any individual, partnership, corporation, association or other business unit.
Acts 1972, ch. 604, § 2; T.C.A., § 52-936.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 7 - MEAT INSPECTION AND REGULATIONS (§§ 53-7-101 — 53-7-307) › Part 3 - TENNESSEE BIOLOGICAL RESIDUE ACT OF 1972 (§§ 53-7-301 — 53-7-307) › Section 53-7-303 - Administration - Detention, quarantine and destruction of affected animals and animal products

(a)
This part shall be administered by the commissioner.
(b)
Whenever any animal or animal product is found within the state to bear or contain any biological residue that has been found to be hazardous to human health, as well as any other animal or animal product that the commissioner has reason to believe contains a biological residue, it may be detained or quarantined by order of the commissioner. The animal or animal product shall remain under detention or quarantine until such time as:
(1)
The commissioner determines that the animal or animal product is within established tolerances; or
(2)
The animal or animal product is destroyed or otherwise disposed of in accordance with regulations that the commissioner shall prescribe.
Acts 1972, ch. 604, § 3; T.C.A., § 52-937.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 7 - MEAT INSPECTION AND REGULATIONS (§§ 53-7-101 — 53-7-307) › Part 3 - TENNESSEE BIOLOGICAL RESIDUE ACT OF 1972 (§§ 53-7-301 — 53-7-307) › Section 53-7-304 - Right of entry for examination purposes

The commissioner may enter at normal business hours every place where animals or animal products are kept within the state, to examine the facilities, inventory and records pertaining to the animals or animal products, to copy all records, and to take reasonable samples of any animals or animal products, and to make additional investigations as to the source and use of substances contributing to biological residues.
Acts 1972, ch. 604, § 4; T.C.A., § 52-938.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 7 - MEAT INSPECTION AND REGULATIONS (§§ 53-7-101 — 53-7-307) › Part 3 - TENNESSEE BIOLOGICAL RESIDUE ACT OF 1972 (§§ 53-7-301 — 53-7-307) › Section 53-7-305 - Authority of commissioner to promulgate tolerance regulations

(a)
The commissioner shall promulgate regulations setting forth tolerances for biological residues in or on animals or animal products that are consistent with tolerances adopted under authority of the Tennessee Food, Drug and Cosmetic Act, compiled in chapter 1 of this title and the Tennessee Meat and Poultry Inspection Act, compiled in part 2 of this chapter.
(b)
No tolerances may be adopted that are in excess of or that are more restrictive than those adopted by the United States department of agriculture or the federal food and drug administration for biological residues.
Acts 1972, ch. 604, § 5; T.C.A., § 52-939.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 7 - MEAT INSPECTION AND REGULATIONS (§§ 53-7-101 — 53-7-307) › Part 3 - TENNESSEE BIOLOGICAL RESIDUE ACT OF 1972 (§§ 53-7-301 — 53-7-307) › Section 53-7-306 - Violation of provisions - Penalties

A violation of this part is a Class C misdemeanor.
Acts 1972, ch. 604, § 6; T.C.A., § 52-940; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 7 - MEAT INSPECTION AND REGULATIONS (§§ 53-7-101 — 53-7-307) › Part 3 - TENNESSEE BIOLOGICAL RESIDUE ACT OF 1972 (§§ 53-7-301 — 53-7-307) › Section 53-7-307 - Injunctive relief

In addition to the remedies provided in this part, the commissioner may apply to any chancery court, and the chancery court shall have jurisdiction, for a temporary or permanent injunction restraining any person from violating this part, regardless of whether or not there exists an adequate remedy at law.
Acts 1972, ch. 604, § 7; T.C.A., § 52-941.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 8 - ESTABLISHMENTS SELLING FOOD (§§ 53-8-101 — 53-8-123) › Part 1 - HEALTH AND SANITATION (§§ 53-8-101 — 53-8-123) › Section 53-8-101 - Short title

This chapter shall be known as the "Tennessee Retail Food Safety Act."
Repealed by 2017 Tenn. Acts, ch. 150, s 5, eff. 4/17/2017.
Acts 1909, ch. 473, §§ 1, 2; 1913 (1st E.S.), ch. 15, § 1; Shan., §§ 3473a41, 3473a43; mod. Code 1932, §§ 6598, 6600; T.C.A. (orig. ed.), §§ 53-1001, 53-1002.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 8 - ESTABLISHMENTS SELLING FOOD (§§ 53-8-101 — 53-8-123) › Part 1 - HEALTH AND SANITATION (§§ 53-8-101 — 53-8-123) › Section 53-8-102 - Purpose

It is the purpose of this chapter to ensure that foods offered for public consumption in this state are safe as prepared, processed, served, packaged, and delivered. Food service establishments that are located within retail food stores are subject to this chapter and exempt from regulation in accordance with the Tennessee Food Safety Act, compiled in title 68, chapter 14, part 7.
Repealed by 2017 Tenn. Acts, ch. 150, s 5, eff. 4/17/2017.
Acts 1909, ch. 473, § 1; Shan., § 3473a40; Code 1932, § 6597; T.C.A. (orig. ed.), § 52-1003.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 8 - ESTABLISHMENTS SELLING FOOD (§§ 53-8-101 — 53-8-123) › Part 1 - HEALTH AND SANITATION (§§ 53-8-101 — 53-8-123) › Section 53-8-105 - Appropriation of moneys

All moneys coming into the state treasury pursuant to this chapter from fees, fines, and penalties shall be appropriated to the department for the payment of necessary expenses incident to the administration of this chapter, as determined by the commissioner. Any unexpended balance of the fund in any fiscal year shall be retained by the department to be used to provide or expand training for food service operators and the department's food safety staff.
Repealed by 2017 Tenn. Acts, ch. 150, s 5, eff. 4/17/2017.
Acts 1909, ch. 473, § 3; Shan., § 3473a45; Code 1932, § 6602; T.C.A. (orig. ed.), § 52-1006.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 8 - ESTABLISHMENTS SELLING FOOD (§§ 53-8-101 — 53-8-123) › Part 1 - HEALTH AND SANITATION (§§ 53-8-101 — 53-8-123) › Section 53-8-106 - Permits - Expiration - Transfer not allowed - Display

(a)
No person shall operate a food establishment who does not hold a valid permit issued to the person by the commissioner on or before July 1 of each year, or as the commissioner may otherwise provide by rule and regulation.
(b)
Every person now engaged in the business of operating a food establishment, and every person who, on July 1, 2015, engages in such a business, shall procure a permit from the commissioner for each food establishment so operated or proposed to be operated.
(c)
Each permit for food establishments shall expire on June 30 following its issuance or as the commissioner may otherwise provide by rule and regulation.
(d)
No permit shall be transferred from one (1) location or person to another.
(e)
The permit shall be kept and displayed in a conspicuous manner, and visible to the public in the food establishment for which it is issued.
Repealed by 2017 Tenn. Acts, ch. 150, s 5, eff. 4/17/2017.
Acts 1909, ch. 473, § 4; Shan., § 3473a46; Code 1932, § 6603; Acts 1943, ch. 61, § 1; 1943, ch. 122, § 1; C. Supp. 1950, § 6603; T.C.A. (orig. ed.), § 52-1007.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 8 - ESTABLISHMENTS SELLING FOOD (§§ 53-8-101 — 53-8-123) › Part 1 - HEALTH AND SANITATION (§§ 53-8-101 — 53-8-123) › Section 53-8-107 - Application for permits - Inspection - Renewals - Exception

(a)
Any person planning to operate a food establishment shall first submit an application for a permit on forms provided by the commissioner. The application shall be completed and submitted to the commissioner with the proper permit fee.
(b)
Prior to the approval of the application for a permit, the commissioner shall inspect the proposed facility to determine if the person applying for the permit is in compliance with the requirements of this chapter and with applicable rules and regulations. The commissioner shall issue a permit to the applicant if the inspection reveals that the facility is in compliance with such requirements.
(c)
Applications for renewal of permits for existing food establishments will be issued to the operators prior to the expiration date of the permit. When completed applications and the proper permit fees are returned to the commissioner, the commissioner shall issue new permits to applicants.
(d)
A permit shall not be required for the operation of a farm to consumer distribution point.
Repealed by 2017 Tenn. Acts, ch. 150, s 5, eff. 4/17/2017.
Acts 1909, ch. 473, § 5; Shan., § 3473a47; Code 1932, § 6604; T.C.A. (orig. ed.), § 52-1008.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 8 - ESTABLISHMENTS SELLING FOOD (§§ 53-8-101 — 53-8-123) › Part 1 - HEALTH AND SANITATION (§§ 53-8-101 — 53-8-123) › Section 53-8-108 - Suspension of permits

(a)
The commissioner has the authority to suspend any permit to operate a food establishment issued pursuant to this chapter if the commissioner has reasonable cause to believe that the permittee is not in compliance with this chapter; provided, that the permittee shall be given the opportunity to correct violations as provided in §
53-8-115
.
(b)
Suspension of permits, other than those for temporary food service establishments, shall be of the following two (2) types:
(1)
A Class 1 suspension, which provides an opportunity for a hearing prior to the effective date of the suspension; and
(2)
A Class 2 suspension, which provides an opportunity for a hearing after the effective date of the suspension and is effective immediately.
(c)
Notice of either type of suspension may be given by the inspector on the inspector's regular inspection form or by written notification from the commissioner. When a permit suspension is effective, all food establishment operations shall cease. Class 2 suspensions shall only be issued if an imminent health hazard exists.
(d)
A written request for a hearing on either type of suspension shall be filed by the permittee within ten (10) days of the receipt of notice. This ten-day period may run concurrently with the ten-day period set forth in §
53-8-115
. If a hearing is requested, it shall be commenced within a reasonable time of the request. If no request for a hearing is made within ten (10) days of receipt of notice, the suspension becomes final and is not subject to review.
(e)
The commissioner may end the suspension at any time if the reasons for the suspension no longer exist.
Repealed by 2017 Tenn. Acts, ch. 150, s 5, eff. 4/17/2017.
Acts 1909, ch. 473, § 5; Shan., § 3473a48; Code 1932, § 6605; T.C.A. (orig. ed.), § 52-1009.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 8 - ESTABLISHMENTS SELLING FOOD (§§ 53-8-101 — 53-8-123) › Part 1 - HEALTH AND SANITATION (§§ 53-8-101 — 53-8-123) › Section 53-8-109 - Revocation of permits

(a)
The commissioner may, after providing opportunity for a hearing, revoke a permit for serious or repeated violations of the requirements of this chapter or for interference with the commissioner in the performance of the commissioner's duty.
(b)
Prior to revocation, the commissioner shall notify the permittee, in writing, of the specific reason or reasons for which the permit is being revoked at the end of ten (10) days following service of the notice, unless a written request for a hearing is filed with the commissioner within the ten-day period. If no request for a hearing is filed within the ten-day period, the revocation of the permit becomes final.
Repealed by 2017 Tenn. Acts, ch. 150, s 5, eff. 4/17/2017.
Acts 1909, ch. 473, § 6; Shan., § 3473a49; Code 1932, § 6606; T.C.A. (orig. ed.), § 52-1010.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 8 - ESTABLISHMENTS SELLING FOOD (§§ 53-8-101 — 53-8-123) › Part 1 - HEALTH AND SANITATION (§§ 53-8-101 — 53-8-123) › Section 53-8-110 - Service of notice

A notice provided for in this chapter is properly served when it is delivered to the permittee or person in charge, or when it is sent by certified mail, return receipt requested, to the last known address of the permittee. A copy of the notice shall be filed in the records of the commissioner.
Repealed by 2017 Tenn. Acts, ch. 150, s 5, eff. 4/17/2017.
Acts 1909, ch. 473, § 6; Shan., § 3473a50; Code 1932, § 6607; T.C.A. (orig. ed.), § 52-1011.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 8 - ESTABLISHMENTS SELLING FOOD (§§ 53-8-101 — 53-8-123) › Part 1 - HEALTH AND SANITATION (§§ 53-8-101 — 53-8-123) › Section 53-8-111 - Hearings - Appeals

(a)
The hearings provided for in this chapter shall be conducted by the commissioner in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(b)
Appeals from any final decision after a hearing shall be pursued in accordance with the Uniform Administrative Procedures Act.
(c)
Subsections (a) and (b) shall not apply in a county where the health department is operating a program pursuant to §
53-8-104(7)
that meets the minimum requirements of due process; provided, that appeals from final decisions made under such programs may be made to the commissioner, for the limited purpose of determining whether a material error of law was made at the county level. The appeal to the commissioner shall not be de novo, but shall be limited to a review of the record of the hearing at the county level.
Repealed by 2017 Tenn. Acts, ch. 150, s 5, eff. 4/17/2017.
Amended by 2013 Tenn. Acts, ch. 182, s 49, eff. 7/1/2015.
Acts 1909, ch. 473, § 8; Shan., § 3473a52; Code 1932, § 6609; Acts 1943, ch. 44, § 1; 1949, ch. 133, § 1; mod. C. Supp. 1950, § 6609; Acts 1961, ch. 45, § 1; T.C.A. (orig. ed.), § 52-1012.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 8 - ESTABLISHMENTS SELLING FOOD (§§ 53-8-101 — 53-8-123) › Part 1 - HEALTH AND SANITATION (§§ 53-8-101 — 53-8-123) › Section 53-8-112 - Application for permit after revocation

Whenever revocation of a permit becomes final, upon demonstration that the conditions which led to the revocation have been cured, the holder of the revoked permit may make written application for a new permit.
Repealed by 2017 Tenn. Acts, ch. 150, s 5, eff. 4/17/2017.
Acts 1909, ch. 473, § 7; Shan., § 3473a51; Code 1932, § 6608; T.C.A. (orig. ed.), § 52-1013.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 8 - ESTABLISHMENTS SELLING FOOD (§§ 53-8-101 — 53-8-123) › Part 1 - HEALTH AND SANITATION (§§ 53-8-101 — 53-8-123) › Section 53-8-113 - Permit fees

The permit fee to operate a food establishment shall be set by rule pursuant to §
43-1-703
.
Repealed by 2017 Tenn. Acts, ch. 150, s 5, eff. 4/17/2017.
Acts 1909, ch. 473, § 9; Shan., § 3473a53; mod. Code 1932, § 6610; T.C.A. (orig. ed.), § 52-1014.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 8 - ESTABLISHMENTS SELLING FOOD (§§ 53-8-101 — 53-8-123) › Part 1 - HEALTH AND SANITATION (§§ 53-8-101 — 53-8-123) › Section 53-8-114 - Inspection reports

(a)
Inspection results for food establishments shall be recorded on standard departmental forms that summarize the requirements of the law and rules and regulations.
(b)
A copy of the completed inspection report shall be furnished to the person in charge of the facility at the conclusion of the inspection.
(c)
The most current inspection report furnished to the operator or person in charge of the establishment shall be made available at the facility for public disclosure to any person who requests to review it.
Repealed by 2017 Tenn. Acts, ch. 150, s 5, eff. 4/17/2017.
Acts 1909, ch. 473, § 9; Shan., §§ 3473a54, 3473a55; mod. Code 1932, §§ 6611, 6612; T.C.A. (orig. ed.), §§ 52-1015, 52-1016.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 8 - ESTABLISHMENTS SELLING FOOD (§§ 53-8-101 — 53-8-123) › Part 1 - HEALTH AND SANITATION (§§ 53-8-101 — 53-8-123) › Section 53-8-115 - Correction of violations

(a)
The completed inspection report shall specify a reasonable period of time for correction of violations found.
(b)
Corrections of violations shall be accomplished within the period specified in accordance with the following:
(1)
If an imminent health hazard exists, the facility shall immediately cease operations until authorized to reopen by the commissioner;
(2)
All violations of priority items shall be corrected as soon as possible and in any event within ten (10) days following inspection. Within fifteen (15) days after inspection, the permittee shall notify the commissioner stating that priority item violations have been corrected. A follow-up inspection may be made for confirmation;
(3)
All other items shall be corrected as soon as possible, but no later than the time of the next routine inspection.
(c)
The inspection report shall state that failure to comply with any time limits specified by the commissioner for correction may result in cessation of operations. An opportunity for a hearing on the ordered corrective action shall be provided, if a written request is filed with the commissioner within ten (10) days following cessation of operations. If a request for a hearing is received, a hearing shall be held within a reasonable time after receipt of the request.
(d)
Whenever a facility is required under this section to cease operations, it shall not resume operations until it has shown on reinspection that the conditions that led to the order to cease operations no longer exist. Opportunity for reinspection shall be offered within a reasonable time.
Repealed by 2017 Tenn. Acts, ch. 150, s 5, eff. 4/17/2017.
Acts 1909, ch. 473, § 10; 1913 (1st E.S.), ch. 15, § 2; Shan., §§ 3473a56, 3473a57, 3473a58, 3473a59, 3473a60; mod. Code 1932, §§ 6613, 6614, 6615, 6616, 6617; Acts 1979, ch. 399, § 6; T.C.A. (orig. ed.), §§ 52-1017 -- 52-1021; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 8 - ESTABLISHMENTS SELLING FOOD (§§ 53-8-101 — 53-8-123) › Part 1 - HEALTH AND SANITATION (§§ 53-8-101 — 53-8-123) › Section 53-8-116 - Examination of food - Hold orders

Food may be examined or sampled by the commissioner as deemed necessary for the enforcement of this chapter. The commissioner may place a hold order on any food that the commissioner believes is in violation of this chapter or rules and regulations, upon written notice to the operator specifying particular reasons for the hold order. The commissioner shall tag, label, or otherwise identify any food subject to a hold order. No food subject to a hold order shall be used, served, sold, or moved from the establishment. The hold order may state that the food be held while confirmation is obtained that the condition violates this chapter or rules and regulations. The hold order may also order the operator to destroy food that violates this chapter or rules and regulations. The commissioner shall permit storage of the food under the conditions specified in the hold order, unless storage is not possible without risk to the health of the public, in which case immediate destruction shall be ordered and accomplished. The hold order shall state that a request for a hearing may be filed within ten (10) days. If a request for a hearing is received, the hearing shall be held within a reasonable time after receipt of the request. On the basis of evidence produced at the hearing, the hold order may be rescinded, or the owner or person in charge may be directed by written order to denature or destroy such food or to bring it into compliance with this chapter.
Repealed by 2017 Tenn. Acts, ch. 150, s 5, eff. 4/17/2017.
Acts 1986, ch. 756, § 1.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 8 - ESTABLISHMENTS SELLING FOOD (§§ 53-8-101 — 53-8-123) › Part 1 - HEALTH AND SANITATION (§§ 53-8-101 — 53-8-123) › Section 53-8-117 - Review and approval of plans and specifications

Whenever a food establishment is constructed or extensively remodeled, and whenever an existing structure is converted to use as a food establishment, plans and specifications shall be submitted to the commissioner for review and approval before construction, remodeling, or conversion begins. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans, construction materials and work areas, and the type and model of proposed fixed equipment and facilities. The commissioner shall approve the plans and specifications, if they meet the requirements of this chapter and rules and regulations. No food establishment shall be constructed, extensively remodeled or converted, except in accordance with plans and specifications approved by the commissioner. Any deviation from the submitted plans and specifications previously approved by the commissioner discovered during an inspection that would not compromise the safety of food products shall not delay the issuance of a permit to operate a food establishment.
Repealed by 2017 Tenn. Acts, ch. 150, s 5, eff. 4/17/2017.
Acts 2007 , ch. 202, § 1; 2011 , ch. 387, § 1; 2012, ch. 1105, § 1.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 8 - ESTABLISHMENTS SELLING FOOD (§§ 53-8-101 — 53-8-123) › Part 1 - HEALTH AND SANITATION (§§ 53-8-101 — 53-8-123) › Section 53-8-118 - Employee health

(a)
When the commissioner has reasonable cause to suspect possible disease transmission by an employee of the facility, the commissioner may secure information about any recent illness of the employee or make other investigations as may be indicated. The commissioner may require any of the following:
(1)
The immediate exclusion of the employee from employment in the food establishment;
(2)
The immediate closing of the facility until, in the commissioner's opinion, no further danger of disease outbreak exists;
(3)
Restricting the employee's service to some area of the facility where there would be little likelihood of transmitting disease; or
(4)
Adequate medical and laboratory examinations of the employee and of other employees.
(b)
A person in charge, having been provided by the employee with written documentation from a person who practices in a medical profession in accordance with title 63 that the employee has been diagnosed with a condition set forth in Chapter 2, § 2-201.11(B)(2) of the Food Code shall have an affirmative duty to notify the commissioner or the commissioner's designee. A person in charge shall not be required to obtain medical records from a prospective employee prior to hiring such individual as an employee.
Acts 2013, ch. 182, § 18; T.C.A., §
53-8-218
.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 8 - ESTABLISHMENTS SELLING FOOD (§§ 53-8-101 — 53-8-123) › Part 1 - HEALTH AND SANITATION (§§ 53-8-101 — 53-8-123) › Section 53-8-119 - Violations

Any person operating a food establishment who fails or refuses to comply with any provision of this chapter or of rules and regulations, or obstructs or hinders the regulatory authority in the discharge of the regulatory authority's duties, or otherwise operates a food establishment in violation of this chapter or of rules and regulations commits a Class C misdemeanor. Each day of operation after notice of non-compliance of violation has been given and such violation has not been corrected constitutes a separate offense.
Acts 2013, ch. 182, § 19; T.C.A., §
53-8-219
.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 8 - ESTABLISHMENTS SELLING FOOD (§§ 53-8-101 — 53-8-123) › Part 1 - HEALTH AND SANITATION (§§ 53-8-101 — 53-8-123) › Section 53-8-120 - Injunctive relief

When the commissioner has reason to believe that a person is causing, is about to cause, or has caused a violation of this chapter or of the rules and regulations promulgated under this chapter, the commissioner may initiate proceedings in either the chancery court of Davidson County or the chancery court of the county where the violation is occurring, for injunctive relief to prevent the continuance of the violation or to correct the conditions resulting in, or about to result in, the violation.
Acts 2013, ch. 182, § 20; T.C.A., §
53-8-220
.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 8 - ESTABLISHMENTS SELLING FOOD (§§ 53-8-101 — 53-8-123) › Part 1 - HEALTH AND SANITATION (§§ 53-8-101 — 53-8-123) › Section 53-8-121 - Sale of food by children at public events

Notwithstanding this chapter to the contrary, children eighteen (18) years of age or younger do not need a license or permit to sell bakery goods, homemade or otherwise, soft drinks, or other similar food commodities at public events.
Acts 2013, ch. 182, § 21; T.C.A., §
53-8-221
.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 8 - ESTABLISHMENTS SELLING FOOD (§§ 53-8-101 — 53-8-123) › Part 1 - HEALTH AND SANITATION (§§ 53-8-101 — 53-8-123) › Section 53-8-122 - Injunctions

When the commissioner has reason to believe that a person has caused, is causing, or is about to cause a violation of this chapter or the rules and regulations promulgated under this chapter, the commissioner may initiate proceedings in either the chancery court of Davidson County or the chancery court of the county where the violation is occurring for injunctive relief to prevent the continuance of the violation or to correct the conditions resulting in, or about to result in, the violation.
Acts 1986, ch. 633, § 23; T.C.A., §
53-8-222
.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 8 - ESTABLISHMENTS SELLING FOOD (§§ 53-8-101 — 53-8-123) › Part 1 - HEALTH AND SANITATION (§§ 53-8-101 — 53-8-123) › Section 53-8-123 - Limited authority of local government to regulate food or drink

(a)
Notwithstanding any law to the contrary, and except for subdivision (c)(1), the local government's authority under title 13, chapters 7, 16, and 28, and the local government's authority to regulate roadways, traffic, and the provision of utility services, this state is the exclusive regulator of food and drink sellers, vendors, vending machine operators, food establishments, and food service establishments in this state.
(b)
A local government, as that term is defined in §
7-51-2001
, shall not impose a tax, fee, or otherwise regulate the wholesale or retail sale, manufacture, or distribution of any food or drink, food or drink content, amount of food or drink content, or food or drink ingredients, except as authorized under title 67, chapter 6, or §
67-4-504
, or pursuant to a contract with the department of agriculture.
(c)
This section:
(1)
Does not prohibit a local government from regulating zoning, building codes, locations, hours of operation, or the issuance of permits, or from performing any other local governmental functions as authorized by existing state law, with respect to food and drink sellers and vendors, vending machine operators, food establishments, and food service establishments; and
(2)
Applies to both the sale and distribution of food or drink by food and drink sellers, food establishments, food service establishments, manufacturers of food and drink products regulated under chapter 1 of this title, and vending machines.
Acts 2019, ch. 158, § 2; T.C.A., §
53-8-223
.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 10 - LEGEND DRUGS (§§ 53-10-101 — 53-10-401) › Part 1 - GENERAL PROVISIONS (§§ 53-10-101 — 53-10-113) › Section 53-10-101 - "Legend Drugs" defined

(a)
For the purpose of this part, "legend drugs" means any item that federal law prohibits dispensing without a prescription from a licensed doctor, dentist, optometrist or veterinarian.
(b)
This definition of legend drugs shall not be construed to include blood and blood fractions.
Acts 1939, ch. 164, § 1; C. Supp. 1950, § 6632.24 (Williams, § 6632.6); Acts 1955, ch. 89, § 1; 1959, ch. 52, § 1; 1971, ch. 163, § 43; 1980, ch. 710, § 1; T.C.A. (orig. ed.), § 52-1201; Acts 1993, ch. 295, § 7.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 10 - LEGEND DRUGS (§§ 53-10-101 — 53-10-401) › Part 1 - GENERAL PROVISIONS (§§ 53-10-101 — 53-10-113) › Section 53-10-102 - Application of part

(a)
There are exempted from this part:
(1)
The sale of legend drugs by legitimate wholesale druggists to registered pharmacists and the sale by registered pharmacists to duly licensed physicians, dentists and veterinarians; and
(2)
The sale of legend drugs by registered pharmacists to duly licensed optometrists and the possession and use of legend drugs by duly licensed optometrists as authorized by §
63-8-102
.
(b)
This part shall apply to this state, its departments, agencies and employees and to the political subdivisions of the state and their departments, agencies and employees, except the department of health and local health departments, which shall be subject to §
63-10-405
.
Acts 1939, ch. 164, § 1; C. Supp. 1950, § 6632.24 (Williams, § 6632.6); Acts 1955, ch. 89, § 1; 1971, ch. 163, § 43; 1975, ch. 116, § 2; 1982, ch. 673, § 1; T.C.A. (orig. ed.), § 52-1202.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 10 - LEGEND DRUGS (§§ 53-10-101 — 53-10-401) › Part 1 - GENERAL PROVISIONS (§§ 53-10-101 — 53-10-113) › Section 53-10-103 - Enforcement - Rules and regulations - Fines

(a)
The board of pharmacy has the power to enforce this part and shall make rules and regulations for its enforcement.
(b)
All fines collected under the enforcement of this part shall be paid to the board and deposited to the state treasury as other funds received by the board.
Acts 1939, ch. 164, § 1; C. Supp. 1950, § 6632.24 (Williams, § 6632.6); Acts 1961, ch. 101, § 6; T.C.A. (orig. ed), § 52-1203.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 10 - LEGEND DRUGS (§§ 53-10-101 — 53-10-401) › Part 1 - GENERAL PROVISIONS (§§ 53-10-101 — 53-10-113) › Section 53-10-104 - Selling, bartering, giving away or obtaining legend drugs

(a)
It is unlawful for any person, firm or corporation to possess, sell, barter or give away any drug known as a legend drug, as defined in §
53-10-101
, except upon the written prescription of a duly licensed physician; certified physician assistant; nurse authorized pursuant to §
63-6-204
or §
63-9-113
, who is rendering service under the supervision, control and responsibility of a licensed physician, and who meets the requirements pursuant to §
63-7-123
; a dentist; an optometrist authorized pursuant to §
63-8-102(12)
; or a veterinarian, and compounded or dispensed by a duly registered pharmacist.
(b)
It is unlawful for any person, firm or corporation to obtain or to attempt to obtain a legend drug, or to procure or to attempt to procure the administration of a legend drug, by fraud, deceit, misrepresentation, subterfuge, forgery, alteration of a prescription, by the concealment of a material fact, or by the use of a false name or address.
(c)
Under no circumstances shall a nurse practitioner who has met the additional requirements of §
63-7-207(14)
to write and sign prescriptions or issue drugs, nor a physician assistant working under a physician's supervision, be delegated the authority to prescribe drugs, whose sole purpose is to cause or perform an abortion, that involve the following:
(1)
The writing or signing a prescription for any drug or medication;
(2)
The dispensing or administration of any prescribed or legend drug or medication; or
(3)
The performing of any procedure that involves the use of a legend drug or medication.
Acts 1939, ch. 164, § 1; C. Supp. 1950, § 6632.24 (Williams, § 6632.6); Acts 1953, ch. 52, § 1; 1955, ch. 89, § 1; 1961, ch. 6, § 1; 1963, ch. 369, §§ 1, 4; 1971, ch. 163, § 43; 1980, ch. 851, § 8; 1980, ch. 858, § 1; T.C.A. (orig. ed.), § 52-1204; Acts 1987, ch. 217, § 3; 1994, ch. 569, § 4; 1994, ch. 722, § 3; 1994, ch. 853, §§ 1-3; 1996, ch. 754, § 1; 1997, ch. 507, § 1; 2000, ch. 541, § 1.
2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 10 - LEGEND DRUGS (§§ 53-10-101 — 53-10-401) › Part 1 - GENERAL PROVISIONS (§§ 53-10-101 — 53-10-113) › Section 53-10-105 - Possession without prescription unlawful

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