reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 19 - MOTORCYCLE AND OFF-ROAD VEHICLE DEALER FAIRNESS ACT (§§ 47-25-1901 — 47-25-1914) › Section 47-25-1911 - Security interests not affected - Exemption from bulk sales law - Inspection

This part shall not be construed to affect in any way any security interest that the supplier may have in the inventory of the dealer, and any repurchase under this part shall not be subject to the bulk sales law. The dealer and supplier shall furnish representatives to inspect all parts and certify their acceptability when packed for shipment. Failure of the supplier to provide a representative within sixty (60) days shall result in automatic acceptance by the supplier of all returned items.
Acts 2007, ch. 188, § 12.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 19 - MOTORCYCLE AND OFF-ROAD VEHICLE DEALER FAIRNESS ACT (§§ 47-25-1901 — 47-25-1914) › Section 47-25-1912 - Applicability

This part shall apply to all contracts and shall apply to all retail agreements in effect that have no expiration date and are a continuing contract, and shall apply to all other contracts entered into, amended, extended, ratified or renewed after January 1, 2007. This part shall apply to and be binding upon all suppliers, all successors in interest or purchasers of assets or stock of suppliers, and all receivers, trustees or assignees of suppliers.
Acts 2007, ch. 188, § 13.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 19 - MOTORCYCLE AND OFF-ROAD VEHICLE DEALER FAIRNESS ACT (§§ 47-25-1901 — 47-25-1914) › Section 47-25-1913 - Waiver - Severability

(a)
This part shall not be waivable in any contract, and any such attempted waiver shall be null and void.
(b)
Any contractual term restricting the procedural or substantive rights of a dealer under this part, including a choice of law or choice of forum clause, is void.
(c)
If any provision of this part or the application of this part is held invalid, it shall not affect other provisions, items or applications of this part that can be given effect without the invalid provisions, items or applications, and to this end the provisions of this part are declared severable.
Acts 2007, ch. 188, § 14.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 19 - MOTORCYCLE AND OFF-ROAD VEHICLE DEALER FAIRNESS ACT (§§ 47-25-1901 — 47-25-1914) › Section 47-25-1914 - Applicability of franchise provisions

(a)
Franchise agreements are included in the definition of retail agreements in this part. Although all franchise agreements are considered retail agreements, not every retail agreement constitutes a franchise. Where a relationship qualifies as a franchise under part 15 of this chapter, part 15 shall apply to such franchises. Part 15 of this chapter shall not apply to the retail agreements contained in this part unless the agreement constitutes a franchise.
(b)
This part is remedial and supplementary to any other law of this state that provides rights and protections to franchisees.
(c)
The provisions of this part that provide procedural or substantive protection to any party to a franchise agreement prior to termination or nonrenewal of the franchise agreement shall be effective and supplementary to part 15 of this chapter, where applicable.
(d)
In the event a conflict with respect to franchises exists between part 15 of this chapter and this part, part 15 shall control.
Acts 2007, ch. 188, § 15.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 20 - TENNESSEE RENEWABLE FUELS BLENDING ACT OF 2009 (§§ 47-25-2001 — 47-25-2006) › Section 47-25-2001 - Short title

This part shall be known and may be cited as the "Tennessee Renewable Fuels Blending Act of 2009."
Acts 2009, ch. 523, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 20 - TENNESSEE RENEWABLE FUELS BLENDING ACT OF 2009 (§§ 47-25-2001 — 47-25-2006) › Section 47-25-2003 - Availability to wholesalers of gasoline, gasoline blending stock or diesel that has not been blended, but is suitable for blending

All refiners, suppliers and permissive suppliers in this state shall make available to wholesalers gasoline or gasoline blending stock that has not been blended with, but is suitable for blending with, ethanol. All refiners, suppliers and permissive suppliers in this state shall make available to a wholesaler diesel that is suitable for blending with biodiesel. Diesel sold by refiners, suppliers and permissive suppliers to wholesalers may contain up to five percent (5%) biodiesel. Gasoline and gasoline blending stock, as applicable, must be made available with detergent additives in sufficient concentrations such that after the addition of ethanol at the maximum volume percent permitted by state and federal law, the final product meets or exceeds the lowest additive concentrations as required by the federal environmental protection agency (EPA).
Acts 2009, ch. 523, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 20 - TENNESSEE RENEWABLE FUELS BLENDING ACT OF 2009 (§§ 47-25-2001 — 47-25-2006) › Section 47-25-2004 - Contract provisions forbidding, limiting or restricting blending void

Any contract or provision between a wholesaler and a refiner, supplier or permissive supplier executed or renewed on or after January 1, 2010, that forbids, limits or restricts a wholesaler's ability to blend petroleum products with ethanol or biodiesel shall be void as against public policy. Nothing in this section shall prohibit a franchisor or the holder of a trademark from selecting its own customers in bona fide transactions and not in restraint of trade, and from including in its contracts, franchise or licensing agreements those reasonable terms that allow the franchisor or licensor to require its franchisees or licensees to maintain the quality and integrity of the blended products produced under this part so long as the terms are consistent with the Tennessee Petroleum Trade Practices Act, compiled in part 6 of this chapter, the Federal Petroleum Marketing Practices Act, compiled in
15 U.S.C. § 2801
et seq. and §
47-25-2003
.
Acts 2009, ch. 523, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 20 - TENNESSEE RENEWABLE FUELS BLENDING ACT OF 2009 (§§ 47-25-2001 — 47-25-2006) › Section 47-25-2005 - Complaints - Fines for noncompliance - Enforcement

(a)
Upon a complaint by a wholesaler and upon investigation by the commissioner of agriculture and after the commissioner determines that a refinery, supplier or permissive supplier in this state is in willful noncompliance with this part, the commissioner of agriculture may assess fines up to five thousand dollars ($5,000) per day for each day of the willful violation. The fines shall be used to pay for the cost of investigation, hearing and other related administrative costs. The remainder of the funds shall be used to fund grants designated by the commissioner of agriculture for the promotion of biofuel research, technology or agricultural development, biofuel production facilities or retail infrastructure and installation for biofuel distribution.
(b)
Upon receiving a complaint and initiating an investigation, the commissioner or the commissioner's agent, presenting appropriate credentials, is authorized to enter the place of business of any refiner, supplier or permissive supplier in this state during normal business hours to examine, and obtain samples of, such records as may be necessary to determine compliance with this part. Refiners, suppliers and permissive suppliers in this state shall hold the records open for inspection by all officers or inspectors charged with the enforcement of this part, and shall preserve and retain the records for a period of at least one (1) year. If the owner of any refiner, supplier or permissive supplier, or the owner's agent, refuses to admit the commissioner, or the commissioner's agent, to inspect in accordance with this section, the commissioner is authorized to obtain from any state court a court order directing the owner or the owner's agent to submit the premises described in the warrant to inspection.
(c)
A refinery, supplier, or permissive supplier who is aggrieved by a proposed departmental order to enforce provisions of this part shall be entitled to a contested case hearing to be conducted in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2009, ch. 523, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 25 - TRADE PRACTICES (§§ 47-25-NEW — 47-25-2006) › Part 20 - TENNESSEE RENEWABLE FUELS BLENDING ACT OF 2009 (§§ 47-25-2001 — 47-25-2006) › Section 47-25-2006 - Standards - Liability

Wholesalers purchasing gasoline, gasoline blending stock or diesel are responsible for ensuring that their activities result in gasolines and diesels that meet the standards promulgated by the commissioner of agriculture. Refiners, suppliers and permissive suppliers shall not be liable for fines, penalties, injuries or damages arising out of the subsequent blending of gasoline, gasoline blending stock or diesel pursuant to this part.
Acts 2009, ch. 523, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 1 - STANDARDS (§ 47-26-101) › Section 47-26-101 - Promulgation of rules and regulations to establish legal and uniform standard of weights and measures

The commissioner of agriculture shall promulgate rules to establish a legal and uniform standard of weights and measures for the sale and purchase of products of the farm, orchard, or garden and articles of merchandise. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Amended by 2020 Tenn. Acts, ch. 728, s 1, eff. 6/22/2020.
Acts 1887, ch. 240, § 1; 1905, ch. 482, § 1; Shan., § 3475; Code 1932, § 6649; Acts 1943, ch. 29, §§ 1, 2; C. Supp. 1950, § 6649; T.C.A. (orig. ed.), § 71-104.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 7 - MOISTURE-MEASURING DEVICES (§§ 47-26-701 — 47-26-708) › Section 47-26-701 - Part definitions

As used in this part, unless the context requires otherwise:
(1)
"Agricultural products" means any product of agriculture which is tested for moisture content when offered for sale, processing, or storage;
(2)
"Commissioner" means the commissioner of agriculture;
(3)
"Department" means the Tennessee department of agriculture;
(4)
"Moisture-measuring devices" means any device or instrument used by any person in proving or ascertaining the moisture content of agricultural products; and
(5)
"Person" means any individual, corporation, partnership, cooperative association, or two (2) or more persons having a joint or common interest in the same venture.
Acts 1977, ch. 138, § 1; T.C.A., § 71-701.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 7 - MOISTURE-MEASURING DEVICES (§§ 47-26-701 — 47-26-708) › Section 47-26-702 - Inspection required

The department shall inspect or cause to be inspected at least annually every moisture-measuring device used in commerce in this state, except those belonging to the United States or the state, or any subdivision of either, except as may be requested. The department may inspect or cause to be inspected at the convenience of the department any moisture-measuring device upon a request in writing from the owner.
Acts 1977, ch. 138, § 2; T.C.A., § 71-702.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 7 - MOISTURE-MEASURING DEVICES (§§ 47-26-701 — 47-26-708) › Section 47-26-703 - Enforcement - Rules and regulations

The commissioner is hereby charged with the enforcement of this part and is empowered to promulgate rules, regulations, specifications, standards, and tests as may be necessary in order to secure the efficient administration of this part. The department may from time to time publish such data in connection with the administration of this part as may be of public interest.
Acts 1977, ch. 138, § 3; T.C.A., § 71-703.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 7 - MOISTURE-MEASURING DEVICES (§§ 47-26-701 — 47-26-708) › Section 47-26-704 - Seal of inspection

(a)
If an inspection or comparative test reveals that the moisture-measuring device being inspected or tested conforms to the standards and specifications established by the department, the department shall cause it to be marked with an appropriate seal.
(b)
Any moisture-measuring device, which upon inspection is found not to conform with the specifications and standards established by the department, shall be marked with an appropriate seal showing such device to be defective. The seal shall not be altered or removed until the moisture-measuring device is properly repaired and reinspected. The department shall notify the owner or user of such device of its defective condition. Notification shall be made on an inspection form prepared by the department.
Acts 1977, ch. 138, § 4; T.C.A., § 71-704.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 7 - MOISTURE-MEASURING DEVICES (§§ 47-26-701 — 47-26-708) › Section 47-26-705 - Use of defective measuring devices - Repair - Reinspection

(a)
Any defective moisture-measuring device, while so marked, sealed, or tagged, as provided in §
47-26-704
, may be used to ascertain the moisture content of agricultural products offered for sale, processing, or storage, only under the following conditions:
(1)
The owner or user shall keep a record, open to inspection, of every commercial sample of agricultural products inspected by means of the defective device, showing that an adjustment was made on all such agricultural products tested; and
(2)
The device shall be repaired to comply with this section within thirty (30) days after inspection and the department thereupon notified that the device has been repaired accordingly.
(b)
If, upon reinspection, the device is again rejected under §
47-26-704
, such device shall be sealed and shall not be used until repaired and reinspected.
Acts 1977, ch. 138, § 5; T.C.A., § 71-705.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 7 - MOISTURE-MEASURING DEVICES (§§ 47-26-701 — 47-26-708) › Section 47-26-706 - Visible location of device - Operating instructions

Every moisture-measuring device offered for sale, processing, or storage shall be used in a location visible to the general public, and the detailed procedure for operating a moisture-measuring device shall be displayed in a conspicuous place proximate to the moisture-measuring device.
Acts 1977, ch. 138, § 6; T.C.A., § 71-706.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 7 - MOISTURE-MEASURING DEVICES (§§ 47-26-701 — 47-26-708) › Section 47-26-707 - Use of untested devices

No person shall use or cause to be used any grain moisture-measuring device which has not been inspected and approved for use by the department; except that a newly purchased grain moisture-measuring device may be used prior to regular inspection and approval if the user of such device has given at least ten (10) days' notice to the department of the purchase prior to the use of such new device.
Acts 1977, ch. 138, § 7; T.C.A., § 71-707.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 7 - MOISTURE-MEASURING DEVICES (§§ 47-26-701 — 47-26-708) › Section 47-26-708 - Violations - Penalties

Any person who uses or causes to be used a moisture-measuring device in commerce with the knowledge that such device has not been inspected and approved by the department in accordance with this part, commits a Class C misdemeanor.
Acts 1977, ch. 138, § 8; T.C.A., § 71-708; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 8 - CERTIFIED PUBLIC WEIGHERS OF NATURAL RESOURCES PRODUCTS (§§ 47-26-801 — 47-26-814) › Section 47-26-801 - Short title

This part shall be known and may be cited as the "Certified Public Weigher Law of 1981."
Acts 1981, ch. 389, § 2; T.C.A., § 71-801.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 8 - CERTIFIED PUBLIC WEIGHERS OF NATURAL RESOURCES PRODUCTS (§§ 47-26-801 — 47-26-814) › Section 47-26-802 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Certified public weigher" means a natural person licensed under this part;
(2)
"Commissioner" means the commissioner of agriculture or the commissioner's duly appointed representative;
(3)
"Department" means the Tennessee department of agriculture;
(4)
"Natural resources product" means crushed stone, sand, gravel, cement, and asphalt related to highway construction and/or other construction projects or construction purposes, so long as materials are produced at a central location for commercial or highway use, and are measured by ton, cubic yard, or metric weights;
(5)
"Producer and supplier" means any individual, firm, partnership, corporation, company, association, or governmental entity which engages in the production and/or sale of natural resources products;
(6)
"Seal" means and includes the certified weigher's name, the words "Tennessee Certified Weigher" and the weigher's license number, which can be affixed either manually (by a rubber stamp or with an imprinting type stamp) or electronically; and
(7)
"Signature" means the certified weigher's written name, which can be generated manually or electronically.
Acts 1981, ch. 389, § 3; 1981, ch. 539, § 1; T.C.A., § 71-802; Acts 2000, ch. 597, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 8 - CERTIFIED PUBLIC WEIGHERS OF NATURAL RESOURCES PRODUCTS (§§ 47-26-801 — 47-26-814) › Section 47-26-803 - Employment of certified public weighers required

(a)
Every producer and supplier of natural resources products shall have in its employ at least one (1) or more certified public weighers licensed by the department.
(b)
(1)
All natural resources products sold by such producer and supplier shall be accurately weighed or measured by a certified public weigher licensed by the department.
(2)
When natural resources products are loaded onto trucks or other vehicles which do not haul or transport such products on any public road, street, highway or right-of-way, then this subsection (b) shall not apply if the invoice for each load of such products is marked to indicate that such load is not to travel on any public way.
Acts 1981, ch. 389, § 4; T.C.A., § 71-803; Acts 1990, ch. 620, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 8 - CERTIFIED PUBLIC WEIGHERS OF NATURAL RESOURCES PRODUCTS (§§ 47-26-801 — 47-26-814) › Section 47-26-804 - Licensing

(a)
A person may be licensed as a certified public weigher who:
(1)
Is a citizen of the United States;
(2)
Is not less than eighteen (18) years of age;
(3)
Has the ability to weigh accurately and make correct weight or measurement records; and
(4)
Has received from the commissioner a license as a certified public weigher.
(b)
An application for a license as a certified public weigher shall be made upon a form provided by the commissioner and the application shall furnish evidence that the applicant meets the qualifications required by this section.
Acts 1981, ch. 389, § 5; 1982, ch. 553, § 1; T.C.A., § 71-804.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 8 - CERTIFIED PUBLIC WEIGHERS OF NATURAL RESOURCES PRODUCTS (§§ 47-26-801 — 47-26-814) › Section 47-26-805 - Action on applications - Rulemaking

(a)
(1)
The commissioner shall adopt and establish rules and regulations for determining the qualifications of applicants for license as certified public weigher and to otherwise enforce this part.
(2)
All rules and regulations under this part shall be promulgated by the commissioner, pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(b)
The commissioner may pass upon the qualifications of the applicant upon the basis of the information supplied in the application, or the commissioner may examine such applicant orally or in writing, or both, for the purpose of determining the applicant's qualifications.
(c)
The commissioner shall keep a record of all such applications and of all licenses issued thereon.
Acts 1981, ch. 389, § 6; T.C.A., § 71-805.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 8 - CERTIFIED PUBLIC WEIGHERS OF NATURAL RESOURCES PRODUCTS (§§ 47-26-801 — 47-26-814) › Section 47-26-806 - Annual license cost

The annual cost for a certified public weigher license shall be set by rule pursuant to §
43-1-703
.
Amended by 2015 Tenn. Acts, ch. 485,s 24, eff. 7/1/2015.
Acts 1981, ch. 389, § 7; T.C.A., § 71-806; Acts 2002, ch. 640, § 18.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 8 - CERTIFIED PUBLIC WEIGHERS OF NATURAL RESOURCES PRODUCTS (§§ 47-26-801 — 47-26-814) › Section 47-26-807 - [Repealed]

Repealed by 2015 Tenn. Acts, ch. 485, s 25, eff. 7/1/2015.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 8 - CERTIFIED PUBLIC WEIGHERS OF NATURAL RESOURCES PRODUCTS (§§ 47-26-801 — 47-26-814) › Section 47-26-808 - Oath of weigher - Compensation - Signature and seal

(a)
Each certified public weigher shall, before entering upon such duties, make oath to execute faithfully such duties and file the oath with the commissioner.
(b)
The issuance of a license as a certified public weigher shall not oblige the state to pay the licensee any compensation for services as a certified public weigher.
(c)
Each certified public weigher shall register with the commissioner a copy of the weigher's official signature and shall, at the weigher's own expense, obtain a seal.
Acts 1981, ch. 389, § 9; T.C.A., § 71-808; Acts 2000, ch. 597, § 3.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 8 - CERTIFIED PUBLIC WEIGHERS OF NATURAL RESOURCES PRODUCTS (§§ 47-26-801 — 47-26-814) › Section 47-26-809 - Display of license - Duties of weigher

(a)
The certified public weigher's license shall be posted near the scale beam or indicator in full view at all times.
(b)
A certified public weigher shall be the only person allowed to operate the scale or weight recording equipment.
(c)
In case of batch weights, the certified weigher shall observe all measurements and count all batches to determine the total gross weight including vehicle.
Acts 1981, ch. 389, § 10; T.C.A., § 71-809.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 8 - CERTIFIED PUBLIC WEIGHERS OF NATURAL RESOURCES PRODUCTS (§§ 47-26-801 — 47-26-814) › Section 47-26-810 - Record of shipment to be signed and sealed

The certified public weigher shall sign the weigher's official registered signature and place the weigher's seal on a copy of record. This copy of record shall be the ticket delivered to the purchaser of materials. The seal and signature shall be placed on the copy of record either manually (with a rubber stamp, or with an imprinting type stamp) or electronically.
Acts 1981, ch. 389, § 11; T.C.A., § 71-810; Acts 2000, ch. 597, § 4.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 8 - CERTIFIED PUBLIC WEIGHERS OF NATURAL RESOURCES PRODUCTS (§§ 47-26-801 — 47-26-814) › Section 47-26-811 - Inspection of weighing devices

The producer or supplier shall cause to be inspected, at intervals of not more than six (6) months, each weighing device used by producers and suppliers for the weighing of natural resource products as defined in this part. The inspection of the scales shall be performed by a certified scale technician of a licensed scale company, or by an employee of the Tennessee department of agriculture or department of transportation, whose duty it is to check scales.
Acts 1981, ch. 389, § 12; T.C.A., § 71-811.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 8 - CERTIFIED PUBLIC WEIGHERS OF NATURAL RESOURCES PRODUCTS (§§ 47-26-801 — 47-26-814) › Section 47-26-812 - Gross weights for trucks and tractor trailers

Gross weights for truck or tractor trailer vehicles shall be determined by axle limitations as prescribed in §
55-7-203(b)(6)
, and adding an additional five hundred pounds (500 lbs.) thereto when the natural resources product is transported over a street or highway other than the portion designated as the interstate system. A three percent (3%) tolerance, over the maximum gross weight as prescribed in §
55-7-203(b)(6)
, may be permitted when the natural resources product is transported over a street or public highway other than the portion designated as the interstate system. A certified public weigher will not be subject to any liability for measurement variance which falls within such three percent (3%) tolerance, but shall be responsible for measurement variance in excess of the three percent (3%) tolerance.
Acts 1981, ch. 389, § 13; T.C.A., § 71-812; Acts 1994, ch. 759, §§ 1, 2.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 8 - CERTIFIED PUBLIC WEIGHERS OF NATURAL RESOURCES PRODUCTS (§§ 47-26-801 — 47-26-814) › Section 47-26-813 - Violations - Penalties

(a)
It is a violation for a certified weigher to measure trucks in excess of weights as prescribed in §
47-26-812
.
(b)
It is a violation for a certified weigher to make flagrant or fraudulent recordings of measurements of weight or capacity.
(c)
A violation of this part shall be reported to the commissioner of safety.
(d)
A penalty of fifty dollars ($50.00) shall be assessed against the certified public weigher for each infraction deemed to be a violation of this part by the commissioner of safety. A certified public weigher's license may be revoked upon a finding of any such violation.
(e)
Producers and suppliers of natural resources products which do not weigh or measure such products in accordance with §
47-26-803(b)
shall pay a penalty of fifty dollars ($50.00) for each such violation.
(f)
The commissioner of safety is responsible for the enforcement of this part, and it is the commissioner's duty to prosecute violations of this part.
(g)
If any penalties imposed by this part and assessed by the department of safety, pursuant to any statute or executive order, are not paid within ninety (90) days from the date of assessment notice, such penalties shall be subject to collection by the commissioner of revenue under title 67, chapter 1, part 14. If it becomes necessary for the commissioner of revenue to collect such penalties on behalf of the department of safety, the department of revenue shall retain an administrative fee of two percent (2%) of the gross penalties collected.
Acts 1981, ch. 389, § 14; 1982, ch. 553, §§ 2, 3; T.C.A., § 71-813; Acts 2001, ch. 166, §§ 5, 6.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 8 - CERTIFIED PUBLIC WEIGHERS OF NATURAL RESOURCES PRODUCTS (§§ 47-26-801 — 47-26-814) › Section 47-26-814 - Disposition of penalties

All penalties collected under this part shall be remitted to the department of revenue, as are tax receipts, and treated as such by that department.
Acts 1981, ch. 389, § 15; T.C.A., § 71-814.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 9 - WEIGHTS AND MEASURES (§§ 47-26-901 — 47-26-926) › Section 47-26-901 - Short title

This part may be cited as "Testing and Sealing - Use of Weights and Measures."
Acts 1997, ch. 311, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 9 - WEIGHTS AND MEASURES (§§ 47-26-901 — 47-26-926) › Section 47-26-903 - Systems of weights and measures

The system of weights and measures in customary use in the United States and the International System of Units (SI), the modernized metric system of weights and measures, are jointly recognized and either one or both of these systems shall be used for all commercial purposes in the state. The definitions of basic units of weight and measure, the tables of weight and measure, and weights and measures equivalents as published by the National Institute of Standards and Technology are recognized and shall govern weighing and measuring equipment and transactions in the state.
Acts 1997, ch. 311, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 9 - WEIGHTS AND MEASURES (§§ 47-26-901 — 47-26-926) › Section 47-26-904 - Primary standards

(a)
Weights and measures that are traceable to the United States prototype standards supplied by the federal government, or approved as being satisfactory by the National Institute of Standards and Technology (NIST), shall be the state primary standards of weights and measures, and shall be maintained in such calibration as prescribed by the NIST.
(b)
The primary standards shall be kept in a place designated by the commissioner and approved by NIST and shall not be removed from such place except for repairs or calibration.
(c)
The primary standards shall be used only in verifying the secondary standards and for scientific purposes.
Acts 1997, ch. 311, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 9 - WEIGHTS AND MEASURES (§§ 47-26-901 — 47-26-926) › Section 47-26-905 - Secondary and field standards

(a)
The commissioner may acquire by purchase at least one set of copies of the primary standards to be kept in a place designated by the commissioner and to be known as secondary standards, and also such field standards and other equipment as may be found necessary to carry out this part.
(b)
The secondary standards and field standards shall be verified upon their initial receipt and as often thereafter as deemed necessary by the commissioner.
Acts 1997, ch. 311, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 9 - WEIGHTS AND MEASURES (§§ 47-26-901 — 47-26-926) › Section 47-26-906 - State sealer of weights and measures - Supervision of local sealers

(a)
The commissioner shall be the state sealer of weights and measures and shall have the custody of the primary standards of weights and measures and of the other standards and equipment provided for in this part.
(b)
The commissioner has the general supervision over city sealers of weights and measures, county sealers of weights and measures, and over all weights and measures offered for sale, sold or in use in the state.
Acts 1997, ch. 311, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 9 - WEIGHTS AND MEASURES (§§ 47-26-901 — 47-26-926) › Section 47-26-907 - Technical requirements for weighing and measuring devices, packaging and labeling, method of sale of commodities, and type evaluation

(a)
The specifications, tolerances, and other technical requirements for commercial, law enforcement, data gathering, and other weighing and measuring devices as adopted by the National Conference on Weights and Measures and published in National Institute of Standards and Technology Handbook 44, "Specifications, Tolerances, and other Technical Requirements for Weighing and Measuring Devices," and supplements thereto or revisions thereof, shall apply to weighing and measuring devices in the state, except insofar as modified or rejected by regulation.
(b)
The Uniform Packaging and Labeling Regulation as adopted by the National Conference on Weights and Measures and published in the National Institute of Standards and Technology Handbook 130, "Uniform Laws and Regulations," and supplements thereto or revisions thereof, shall apply to packaging and labeling in the state, except insofar as modified or rejected by regulation.
(c)
The Uniform Regulation for the Method of Sale of Commodities as adopted by the National Conference on Weights and Measures and published in the National Institute of Standards and Technology Handbook 130, "Uniform Laws and Regulations," and supplements thereto or revisions thereof, shall apply to the method of sale of commodities in the state, except insofar as modified or rejected by regulation.
(d)
The Uniform Regulation for National Type Evaluation as adopted by the National Conference on Weights and Measures and published in the National Institute of Standards and Technology Handbook 130, "Uniform Laws and Regulations," and supplements thereto or revisions thereof, shall apply to type evaluation in the state, except insofar as modified or rejected by regulation.
Acts 1997, ch. 311, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 9 - WEIGHTS AND MEASURES (§§ 47-26-901 — 47-26-926) › Section 47-26-908 - State weights and measures agency

There shall be a weights and measures agency located for administrative purposes within the department of agriculture. This agency is charged with, but not limited to, performing the following functions on behalf of the citizens of the state:
(1)
Assuring that weights and measures in commercial service within the state are suitable for their intended use, properly installed, and accurate, and are so maintained by their owner or user;
(2)
Preventing unfair or deceptive dealing by weight or measure in any commodity or service advertised, packaged, sold, or purchased within this state;
(3)
As deemed necessary, making available to all users of physical standards or weighing and measuring equipment the precision calibration and related metrological certification capabilities of the weights and measures facilities of the agency;
(4)
Promoting uniformity, to the extent practicable and desirable, between weights and measures requirements of this state and those of other states and federal agencies;
(5)
Encouraging desirable economic growth while protecting the consumer through the adoption by rule of weights and measures requirements as necessary to assure equity among buyers and sellers; and
(6)
Maintaining a weights and measures laboratory that meets the requirements of and is traceable to the National Institute of Standards and Technology.
Acts 1997, ch. 311, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 9 - WEIGHTS AND MEASURES (§§ 47-26-901 — 47-26-926) › Section 47-26-910 - Special powers

When necessary for the enforcement of this part or regulations promulgated pursuant thereto, the commissioner is:
(1)
Authorized to enter any commercial premises during different times of the day, including nights and weekends, except that in the event such premises are not open to the public, the commissioner shall first present the commissioner's credentials and obtain consent before making entry thereto, unless a search warrant has previously been obtained;
(2)
Empowered to issue rejection, violation, stop-use, hold, removal, condemnation, and seizure orders with respect to any weights and measures commercially used, and stop-sale, hold, condemnation, seizure, and removal orders with respect to any packaged commodities or bulk commodities kept, offered, or exposed for sale. It is unlawful for any person to use, remove from the premises specified, or fail to remove from the premises specified, any weight, measure, or package, or amount of commodity, material, article, device, product, or any other thing being used contrary to the terms of a rejection, violation, stop-use order, hold order, removal order, condemnation order, or seizure order issued under the authority of this section;
(3)
Empowered to confiscate and take physical possession of, for use as evidence in a civil or criminal proceeding, without formal warrant, any incorrect or unapproved weight, measure, package, or commodity found to be used, retained, offered, or exposed for sale or sold in violation of this part or regulations promulgated pursuant thereto. After the order of the commissioner, or the judgment of any court, including appellate review, becomes final, upholding the seizure or confiscation of such incorrect or unapproved weight, measure, package, or commodity, the same shall be destroyed by the commissioner. If no appeal of such order is taken by law, the property seized or confiscated shall be forfeited without further proceedings and shall be disposed of as herein provided;
(4)
Empowered to stop any commercial vehicle and, after presentation of the commissioner's credentials, inspect the contents, require that the person in charge of that vehicle produce any documents in such person's possession concerning the contents, and require such person to proceed with the vehicle to some specified place for inspection;
(5)
Allowed to transfer the powers and duties given to and imposed upon the commissioner by this part to the commissioner's duly authorized representatives acting under the instructions and at the direction of the commissioner.
Acts 1997, ch. 311, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 9 - WEIGHTS AND MEASURES (§§ 47-26-901 — 47-26-926) › Section 47-26-911 - Powers and duties of local officials

(a)
The respective cities and counties of this state are authorized to appoint necessary weights and measures officials, including, but not limited to, a sealer of weights and measures and such deputy sealers as may be required. Such sealer, deputy sealers and other weights and measures officials shall be appointed by and serve at the pleasure of the governing body of the city or county.
(b)
Any weights and measures official appointed by a county or city shall have the duties and powers enumerated in this part, excepting those duties reserved to the state by law or regulation. These powers and duties shall extend to their respective jurisdictions, except that the jurisdiction of a county official shall not extend to any city for which a weights and measures official has been appointed. No requirement set forth by local agencies may be less stringent than or conflict with the requirements of the state.
(c)
Each city sealer and county sealer of weights and measures shall file with the commissioner a fiscal year summary (July 1-June 30) of all weights and measures inspections and activities. The content, format, and due date of this summary shall be determined by the commissioner.
(d)
In cities and counties for which sealers of weights and measures have been appointed as provided for in this part, the commissioner shall have concurrent authority to enforce this part.
(e)
The powers and duties relevant to weights and measures contained in this part shall be in addition to the powers granted to any such city or county by law or charter.
Acts 1997, ch. 311, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 9 - WEIGHTS AND MEASURES (§§ 47-26-901 — 47-26-926) › Section 47-26-912 - Misrepresentation of quantity

No person shall:
(1)
Sell, or expose for sale less than the quantity represented;
(2)
Take more than the represented quantity when, as buyer, such person furnishes the weight or measure by means of which the quantity is determined; or
(3)
Represent the quantity in any manner calculated or tending to mislead or in any way deceive another person.
Acts 1997, ch. 311, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 9 - WEIGHTS AND MEASURES (§§ 47-26-901 — 47-26-926) › Section 47-26-913 - Misrepresentation of pricing

No person shall misrepresent the price of any commodity or service sold, offered, exposed, or advertised for sale by weight, measure, or count, nor represent the price in any manner calculated or tending to mislead or in any way deceive a person.
Acts 1997, ch. 311, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 9 - WEIGHTS AND MEASURES (§§ 47-26-901 — 47-26-926) › Section 47-26-914 - Method of sale

(a)
Except as otherwise provided by the commissioner, or by firmly established trade custom and practice:
(1)
Commodities in liquid form shall be sold by liquid measure or by weight; and
(2)
Commodities not in liquid form shall be sold by weight, by measure, or by count.
(b)
The method of sale shall provide accurate and adequate quantity information that permits the buyer to make price and quantity comparisons. The commissioner may issue such reasonable regulations as are necessary to assure that amounts of commodity sold are determined in accordance with good commercial practices and are so determined and represented as accurate and informative to all parties at interest.
(c)
(1)
Natural gas motor fuels shall be sold as follows:
(A)
Liquefied natural gas motor fuel shall be sold in diesel gallon equivalents; and
(B)
Compressed natural gas motor fuel shall be sold in gasoline gallon equivalents or diesel gallon equivalents.
(2)
The commissioner shall promulgate reasonable rules as are necessary to establish conversion units from mass to gasoline gallon equivalents and from mass to diesel gallon equivalents. Such rules shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Amended by 2015 Tenn. Acts, ch. 308,s 1, eff. 7/1/2015.
Acts 1997, ch. 311, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 9 - WEIGHTS AND MEASURES (§§ 47-26-901 — 47-26-926) › Section 47-26-915 - Sale from bulk

(a)
All bulk sales in which the buyer and seller are not both present to witness the measurement, all bulk deliveries of heating fuel, and all other bulk sales specified by rule or regulation of the commissioner, shall be accompanied by a delivery ticket containing the following information:
(1)
The name and address of the buyer and seller;
(2)
The date delivered;
(3)
The quantity delivered and the quantity upon which the price is based, if this differs from the delivered quantity, for example, when temperature compensated sales are made;
(4)
The unit price, unless otherwise agreed upon by both buyer and seller;
(5)
The identity in the most descriptive terms commercially practicable, including any quality representation made in connection with the sale; and
(6)
The count of individually wrapped packages, if more than one (1), in the instance of commodities bought from bulk but delivered in packages.
(b)
One (1) of these tickets shall be retained by the vendor, and the other shall be delivered to the purchaser at the time of the delivery of the commodity, or shall be surrendered, on demand, to the commissioner or the commissioner's authorized representative or a city sealer or a county sealer, who, if such person desires to retain it as evidence, shall issue a similar document in lieu of thereof to the purchaser; provided, that if the purchaser personally carries away the purchase, the vendor shall be required only to give the purchaser at the time of sale a delivery ticket stating the weight, measure, or count of commodity delivered to the purchaser.
Acts 1997, ch. 311, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 9 - WEIGHTS AND MEASURES (§§ 47-26-901 — 47-26-926) › Section 47-26-916 - Information required on packages

Except as otherwise provided in this part or by regulations promulgated pursuant thereto, any package, whether a random package or a standard package, kept for the purpose of sale, or offered or exposed for sale shall bear on the outside of the package a definite, plain, and conspicuous declaration of:
(1)
The identity of the commodity in the package, unless the same can easily be identified through the wrapper or container;
(2)
The quantity of contents in terms of weight, measure, or count; and
(3)
The name and place of business of the manufacturer, packer, or distributor, in the case of any package kept, offered, or exposed for sale, or sold in any place other than on the premises where packed.
Acts 1997, ch. 311, § 1.
2023 Tennessee Code › Title 47 - COMMERCIAL INSTRUMENTS AND TRANSACTIONS (§§ 47-1-101 — 47-50-121) › Chapter 26 - WEIGHTS AND MEASURES (§§ 47-26-101 — 47-26-1118) › Part 9 - WEIGHTS AND MEASURES (§§ 47-26-901 — 47-26-926) › Section 47-26-917 - Declaration of unit price on random weight packages

In addition to the declarations required by §
47-26-916
, any package being one of a lot containing random weights of the same commodity, at the time it is offered or exposed for sale at retail, shall bear on the outside of the package a plain and conspicuous declaration of the price per kilogram or pound and the total selling price of the package.
Acts 1997, ch. 311, § 1.