reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 27 - HEMP (§§ 43-27-101 — 43-27-211) › Part 2 - HEMP-DERIVED CANNABINOIDS (§§ 43-27-201 — 43-27-211) › Section 43-27-209 - Safety requirements for hemp - derived cannabinoid products - Proper storage by consumer - Prohibited advertising

(a)
A product containing a hemp-derived cannabinoid that is sold at retail must:
(1)
Satisfy the child-resistant effectiveness standards under
16 CFR 1700.15(b)(1)
when tested in accordance with the requirements of
16 CFR 1700.20
; and
(2)
Be labeled with:
(A)
A list of ingredients and possible allergens and a nutritional fact panel;
(B)
A warning statement concerning the risk of impairment from consumption of the product, keeping the product out of the reach of children, and other warning information as required by rule of the department of agriculture;
(C)
If the product is ingestible, the amount of cannabinoid in each serving of the product, measured in milligrams;
(D)
The total amount of hemp-derived cannabinoid in the entire package, measured in milligrams;
(E)
The net weight of the product;
(F)
A quick response (QR) code that can be scanned to access a website providing the product's batch number, date received, date of completion, method of analysis for the testing report required under §
43-27-207
, including information regarding results of the product's full-panel and potency tests conducted pursuant to §
43-27-207(a)
; and
(G)
An expiration date.
(b)
A person who obtains a product containing a hemp-derived cannabinoid that is sold at retail shall store any unconsumed portion of the product in its original packaging. It is a Class C misdemeanor offense for a person to violate this subsection (b).
(c)
A retailer or supplier of a product containing a hemp-derived cannabinoid shall not advertise, market, or offer for sale a product containing a hemp-derived cannabinoid by using, in the labeling or design of the product or product packaging or in advertising or marketing materials for the product trade dress, trademarks, branding, or other related imagery or scenery that depicts or signifies characters or symbols known to appeal primarily to persons under twenty-one (21) years of age, including, but not limited to, superheroes, comic book characters, video game characters, television show characters, movie characters, and unicorns or other mythical creatures.
(d)
An ingestible product containing a hemp-derived cannabinoid shall not:
(1)
Be sold in a serving that contains more than twenty-five (25) milligrams, in the aggregate, of one (1) or more hemp-derived cannabinoids; or
(2)
Be formed into the shape of an animal or cartoon character.
(e)
The department of agriculture is authorized to promulgate rules for the packaging, labeling, and display of products containing a hemp-derived cannabinoid that are offered for sale in this state.
Added by 2023 Tenn. Acts, ch. 423, s 1, eff. 7/1/2024.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 27 - HEMP (§§ 43-27-101 — 43-27-211) › Part 2 - HEMP-DERIVED CANNABINOIDS (§§ 43-27-201 — 43-27-211) › Section 43-27-210 - Limitations on right to use hemp - derived cannabinoid - Rights of others

(a)
This part does not permit a person to:
(1)
Undertake any task under the influence of a hemp-derived cannabinoid when doing so would constitute negligence or professional malpractice; or
(2)
Operate, navigate, or be in actual physical control of a motor vehicle, aircraft, motorized watercraft, or any other vehicle while under the influence of a hemp-derived cannabinoid.
(b)
This part does not require:
(1)
An employer to accommodate the use of a hemp-derived cannabinoid in a workplace or an employee working while under the influence of a hemp-derived cannabinoid;
(2)
An individual or establishment in lawful possession of property to allow a guest, client, customer, or other visitor to use a hemp-derived cannabinoid on or in that property; or
(3)
An individual or establishment in lawful possession of property to admit a guest, client, customer, or other visitor who is impaired as a result of the person's use of a hemp-derived cannabinoid.
(c)
This part does not exempt a person from prosecution for a criminal offense related to impairment or intoxication resulting from use of a hemp-derived cannabinoid or relieve a person from any requirement under law to submit to a breath, blood, urine, or other test to detect the presence of a controlled substance.
(d)
This part does not:
(1)
Limit the ability of an employer to establish, continue, or enforce a drug-free workplace program or policy;
(2)
Create a cause of action against an employer for wrongful discharge or discrimination; or
(3)
Allow the possession, sale, manufacture, or distribution of any substance that is otherwise prohibited by title 39, chapter 17, part 4.
Added by 2023 Tenn. Acts, ch. 423, s 1, eff. 7/1/2024.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 27 - HEMP (§§ 43-27-101 — 43-27-211) › Part 2 - HEMP-DERIVED CANNABINOIDS (§§ 43-27-201 — 43-27-211) › Section 43-27-211 - Authority to promulgate rules

The departments of agriculture and revenue are authorized to promulgate rules to effectuate this part in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Added by 2023 Tenn. Acts, ch. 423, s 1, eff. 7/1/2024.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 28 - TIMBER (§§ 43-28-101 — 43-28-313) › Part 3 - BRANDING OF TIMBER (§§ 43-28-301 — 43-28-313) › Section 43-28-301 - Branding authorized - "Timber" defined

(a)
Any person, firm, or corporation dealing in timber is authorized to adopt a brand in the manner and with the effect provided by this part.
(b)
For the purposes of this part, "timber" means and includes trees, whether standing, lying down, or prepared for sale, sawlogs and other logs, cross and railroad ties, boards, planks, staves and headings, and all other timber cut or prepared for market.
Acts 1901, ch. 54, § 1; Shan., § 3608a78; Code 1932, § 6771; T.C.A. (orig. ed.), § 68-301.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 28 - TIMBER (§§ 43-28-101 — 43-28-313) › Part 3 - BRANDING OF TIMBER (§§ 43-28-301 — 43-28-313) › Section 43-28-302 - Notice of brand - Form - Acknowledgment - Recording - Copy posted

(a)
Every timber dealer desiring to adopt a brand may do so by the execution of a writing in form and effect as follows:
Brand notice is hereby given that I (or we, as the case may be) have adopted the following brand in my (or our, etc.) business as timber dealer or dealers, to wit: (here insert the word, letters, figures, etc., constituting the brand, or if it be any device other than the words, letters, or figures, insert the facsimile thereof). Dated this ____________________ day of ____________________, A. D. ______________.
(b)
The writing shall be acknowledged or proven for record in the same manner as deeds are acknowledged or proven, and shall be recorded in the office of the county clerk in which the principal office or place of business of the timber dealer may be. A copy thereof shall be posted up at the place where the principal business is done, and one (1) at the courthouse door in the county where the business is carried on, and at three (3) public places in the county.
Acts 1901, ch. 54, § 2; Shan., § 3608a79; Code 1932, § 6772; T.C.A. (orig. ed.), § 68-302.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 28 - TIMBER (§§ 43-28-101 — 43-28-313) › Part 3 - BRANDING OF TIMBER (§§ 43-28-301 — 43-28-313) › Section 43-28-303 - Certificate of registration required

Before any person, firm, or corporation can claim protection under its brands, the same shall be registered in the county of its residence, and a certificate of registration issued to those registering brand.
Acts 1901, ch. 54, § 11; Shan., § 3608a88; Code 1932, § 6781; T.C.A. (orig. ed.), § 68-303.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 28 - TIMBER (§§ 43-28-101 — 43-28-313) › Part 3 - BRANDING OF TIMBER (§§ 43-28-301 — 43-28-313) › Section 43-28-304 - Brand becomes trademark - Infringement - Penalty - Damages

Every brand adopted pursuant to this part shall be the exclusive trademark of the person, firm or corporation adopting the brand, and any other person, firm or corporation knowingly using or attempting to use that brand without the written consent of the owner commits a Class C misdemeanor, and is liable to the owner of the brand for all damages sustained by the owner by reason of the use of the brand.
Acts 1901, ch. 54, § 3; Shan., § 3608a80; Code 1932, § 6773; T.C.A. (orig. ed.), § 68-304; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 28 - TIMBER (§§ 43-28-101 — 43-28-313) › Part 3 - BRANDING OF TIMBER (§§ 43-28-301 — 43-28-313) › Section 43-28-305 - Brand to be plainly stamped

The proprietor of the brand shall, in using the brand, cause it to be plainly stamped, branded, or otherwise impressed upon each piece of timber upon which the brand is placed.
Acts 1901, ch. 54, § 4; Shan., § 3608a81; Code 1932, § 6774; T.C.A. (orig. ed.), § 68-305.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 28 - TIMBER (§§ 43-28-101 — 43-28-313) › Part 3 - BRANDING OF TIMBER (§§ 43-28-301 — 43-28-313) › Section 43-28-306 - Fraudulently placing brand on another's timber - Penalty

A person who fraudulently places any brand on timber not belonging to that person, commits a Class C misdemeanor.
Acts 1901, ch. 54, § 5; Shan., § 3608a82; Code 1932, § 6775; T.C.A. (orig. ed.), § 68-306; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 28 - TIMBER (§§ 43-28-101 — 43-28-313) › Part 3 - BRANDING OF TIMBER (§§ 43-28-301 — 43-28-313) › Section 43-28-307 - Unlawfully obliterating brand - Penalty

Any person or persons who unlawfully cut out, cancel, obliterate, or deface any brand recorded as provided in this part that has been placed on any timber of another in this state commits a Class E felony.
Acts 1901, ch. 54, § 6; Shan., § 3608a83; Code 1932, § 6776; T.C.A. (orig. ed.), § 68-307; Acts 1989, ch. 591, § 36.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 28 - TIMBER (§§ 43-28-101 — 43-28-313) › Part 3 - BRANDING OF TIMBER (§§ 43-28-301 — 43-28-313) › Section 43-28-308 - Taking, concealing, destroying or converting branded timber - Penalty

Any person who unlawfully takes, secretes, cuts, saws, splits up, or destroys any timber branded as provided in this part, or removes branded timber from the river or place on which the timber has been placed, with the intent to prevent the owner or owners from finding the timber, or in any way converts the timber to such person's use without the consent of the owner, or who receives the timber knowing it to have been stolen, commits a Class E felony.
Acts 1901, ch. 54, § 7; Shan., § 3608a84; Code 1932, § 6777; T.C.A. (orig. ed.), § 68-308; Acts 1989, ch. 591, § 37.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 28 - TIMBER (§§ 43-28-101 — 43-28-313) › Part 3 - BRANDING OF TIMBER (§§ 43-28-301 — 43-28-313) › Section 43-28-309 - Contract of sale of standing trees or timber so branded must be in writing

No contract for the sale of standing trees or standing timber when so branded shall be enforceable by action unless the contract or some memorandum thereof be in writing, signed by the person selling same or the person's duly authorized agent.
Acts 1901, ch. 54, § 8; Shan., § 3608a85; Code 1932, § 6778; T.C.A. (orig. ed.), § 68-309.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 28 - TIMBER (§§ 43-28-101 — 43-28-313) › Part 3 - BRANDING OF TIMBER (§§ 43-28-301 — 43-28-313) › Section 43-28-310 - Purchaser's brand put on timber by seller vests title in purchaser - Rights as to purchase money unaffected

Whenever any timber is branded by the seller or another with the seller's consent, with the brand of the purchaser or other person, corporation or firm, then the title to the timber shall at once pass to the person, corporation or firm whose brand is placed upon it, but this shall not affect the rights of contracting parties with respect to the payment of the purchase money for the timber.
Acts 1901, ch. 54, § 9; Shan., § 3608a86; Code 1932, § 6779; T.C.A. (orig. ed.), § 68-310.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 28 - TIMBER (§§ 43-28-101 — 43-28-313) › Part 3 - BRANDING OF TIMBER (§§ 43-28-301 — 43-28-313) › Section 43-28-311 - Brands and trade-marks under previous law unaffected

Nothing in this part shall affect the validity and effect of all timber brands and trademarks that have been duly adopted and recorded under the law in force previous to April 20, 1901, but the timber brands and trademarks shall be as valid for all purposes, civil and criminal, as if duly adopted and recorded under this part.
Acts 1901, ch. 54, § 10; Shan., § 3608a87; Code 1932, § 6780; T.C.A. (orig. ed.), § 68-311.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 28 - TIMBER (§§ 43-28-101 — 43-28-313) › Part 3 - BRANDING OF TIMBER (§§ 43-28-301 — 43-28-313) › Section 43-28-312 - Cutting timber from property of another - Civil liability

(a)
(1)
Civil liability for the negligent cutting of timber from the property of another is in an amount double that of the current market value of the timber.
(2)
If the timber is negligently cut from the property of another because the landowner for whom the timber is being cut has marked or designated the boundary of the landowner's property incorrectly, then the landowner is jointly liable for the double damages.
(b)
Civil liability for knowingly and intentionally cutting timber from the property of another is in an amount treble that of the current market value of the timber.
(c)
Nothing in this section precludes an owner of property on which timber has been cut by another from recovering damages for loss of value other than commercial timber value, if any, of the timber negligently or intentionally cut.
(d)
"Current market value," as used in this section, applies to the property in question that is standing timber; therefore, the current market value is that of the timber before being cut.
Acts 1991, ch. 455, § 1; 1992, ch. 875, § 1.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 29 - AGRICULTURE COMMODITIES PROMOTION (§§ 43-29-101 — 43-29-122) › Section 43-29-101 - Short title

This chapter shall be known and may be cited as the "Agriculture Commodities Promotion Act."
Acts 1985, ch. 188, § 1.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 29 - AGRICULTURE COMMODITIES PROMOTION (§§ 43-29-101 — 43-29-122) › Section 43-29-102 - Legislative declaration - Separate and independent boards and programs

(a)
It is declared by the general assembly to be in the interest of the public welfare that Tennessee farmers who are producers of agricultural commodities shall be permitted and encouraged to act jointly and in cooperation with all purchasers, handlers, dealers, and processors of agricultural commodities in promoting, by advertising, research and other methods, the increased production, use and sale, both domestic and foreign, of any and all agricultural commodities.
(b)
It is further declared by the general assembly that this chapter is permissive by allowing producers of each separate agricultural commodity to form separate and independent commodity promotion boards under this chapter, and that each such board shall operate its own separate and independent assessment program.
Acts 1985, ch. 188, § 2.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 29 - AGRICULTURE COMMODITIES PROMOTION (§§ 43-29-101 — 43-29-122) › Section 43-29-103 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Case of eggs" means a standard thirty (30) dozen egg case;
(2)
"Commissioner" means the commissioner of agriculture;
(3)
"Commodity" means beef, corn, pork, and eggs, produced on a commercial basis;
(4)
"Corn" means all kinds of varieties of corn except popcorn, sweet corn, and ornamental corns;
(5)
"Department" means the department of agriculture;
(6)
"Egg" means a pullet egg or a hen egg and excludes all other types of eggs;
(7)
"Egg handler" or "egg dealer" means any person engaged as a wholesale distributor in the business of distributing or marketing eggs in Tennessee, regardless of where the eggs are produced;
(8)
"Person" means any individual, corporation, partnership, association, cooperative or other business;
(9)
"Processor" means any person engaged in the business of processing commodity products;
(10)
"Producer" means any person who produces a commodity and thereafter causes the commodity to be marketed;
(11)
"Purchaser" means any dealer or processor who purchases or receives such commodity from producers on a commercial basis;
(12)
"Qualified producer organization" means any agricultural organization, federation, or association that is organized as a "not for profit" organization under the laws of the state of Tennessee, and whose membership is fairly representative of farmers who are active producers of one (1) or more agricultural commodities covered under this chapter;
(13)
"Referendum" means any voting procedure under which affected producers may, by secret ballot, vote for or against an assessment authorized by this chapter; and
(14)
"Vote" means to cast a ballot on a referendum.
Amended by 2018 Tenn. Acts, ch. 870,Secs.s1, s6 eff. 5/3/2018.
Acts 1985, ch. 188, § 3.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 29 - AGRICULTURE COMMODITIES PROMOTION (§§ 43-29-101 — 43-29-122) › Section 43-29-104 - Legality of associations or activities - Restraint of trade

No association, meeting or activity undertaken pursuant to this chapter intended to benefit all the producers, handlers and processors of commodity products shall be illegal or in restraint of trade.
Acts 1985, ch. 188, § 4.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 29 - AGRICULTURE COMMODITIES PROMOTION (§§ 43-29-101 — 43-29-122) › Section 43-29-105 - Referendum on assessment for promotion and research

It is further declared to be in the public interest and highly advantageous to the agricultural economy of the state that producers of beef, corn, pork, and eggs on a commercial basis shall be permitted, by referendum, to be among such respective producers and subject to this chapter, levy upon themselves an assessment on these products and provide for the collection of the assessment, for the purpose of financing or contributing towards the financing of a program of promotion, advertising and research designed to increase the consumption, use and sale of agricultural commodities in domestic as well as foreign markets.
Amended by 2018 Tenn. Acts, ch. 870,s 2, eff. 5/3/2018.
Acts 1985, ch. 188, § 5.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 29 - AGRICULTURE COMMODITIES PROMOTION (§§ 43-29-101 — 43-29-122) › Section 43-29-106 - Application for referendum

(a)
Any qualified producer organization of beef, pork, and eggs may make application to the commissioner requesting a referendum of beef, pork, or egg producers, on forms prescribed by the commissioner, for the purpose of determining whether an assessment of a specified amount can be levied, collected, and disbursed under this chapter, or whether a prior assessment should be amended or terminated. The application shall state the amount of the assessment that is to be proposed in the referendum and a brief statement of the purposes for which the funds collected are proposed to be spent.
(b)
Any qualified producer organization of corn may make application to the commissioner requesting a referendum of corn producers, on forms prescribed by the commissioner, for the purpose of determining whether an assessment of one cent ($0.01) per bushel of corn sold can be levied, collected, and disbursed under this chapter, or whether a prior assessment should be terminated. The application shall briefly state the purposes for which the funds collected are proposed to be spent.
Amended by 2018 Tenn. Acts, ch. 870,s 3, eff. 5/3/2018.
Acts 1985, ch. 188, § 6.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 29 - AGRICULTURE COMMODITIES PROMOTION (§§ 43-29-101 — 43-29-122) › Section 43-29-107 - Review of application - Date of referendum and assessment - Notice of referendum and assessment

Within thirty (30) days of receipt of an application requesting a referendum, the commissioner shall make a determination of whether or not the petitioner is a qualified producer organization and, upon the determination, shall set a date for the referendum, which shall not be more than sixty (60) days after receipt of the application, and shall publish by any reasonable means, the date of the referendum, the polling places and the hours they will be open, the amount of the proposed assessment, and the date the assessment shall begin, if adopted.
Acts 1985, ch. 188, § 7.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 29 - AGRICULTURE COMMODITIES PROMOTION (§§ 43-29-101 — 43-29-122) › Section 43-29-108 - Conducting referendum - Eligibility - Voting

(a)
Any referendum held under this chapter shall be conducted statewide, under the control and direction of the commissioner. The polling place in each county shall be the offices of the University of Tennessee agriculture extension service. All ballots shall be provided at the polling place. All voting shall be by secret ballot.
(b)
Each person seeking to vote in the referendum shall be required to file an affidavit stating that such person is a producer. Upon signing an affidavit, such person shall be eligible to vote.
(1)
The question to be decided at the first referendum for an assessment on beef, pork, or eggs shall be in the following form:
Shall the producers of ____________________ assess themselves at the rate of ____________________ cents per ____________________ of ____________________ sold, and use the funds so collected by the department of agriculture, or the department's contractor or designee, and paid over to the Tennessee ____________________ promotion board to finance a program of research, education, market development, marketing, advertising, and other methods designed to promote the increased production, consumption, use, and sale of ____________________ products?
(2)
The question to be decided at the first referendum for an assessment on corn shall be in the following form:
Shall the producers of corn assess themselves at the rate of one cent ($0.01) per bushel of corn sold, and use the funds so collected by the department of agriculture, or the department's contractor or designee, and paid over to the Tennessee corn promotion board to finance a program of research, education, market development, marketing, advertising, and other methods designed to promote the increased production, consumption, use, and sale of corn products?
(3)
The affirmative vote of the majority of the number of votes cast shall adopt the proposed assessment.
(c)
Within ten (10) days after the referendum, the commissioner shall canvass the votes and publicly announce the result of the referendum.
(d)
The expenses of a referendum held under this chapter shall be paid by the department until an assessment is levied. Expenses of subsequent referenda shall be paid from the promotion funds collected under this chapter.
(e)
No referendum pursuant to this chapter shall be held within one (1) year of any preceding referendum for that particular commodity except as provided in §
43-29-112
.
Amended by 2018 Tenn. Acts, ch. 870, s 4, eff. 5/3/2018.
Acts 1985, ch. 188, § 8.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 29 - AGRICULTURE COMMODITIES PROMOTION (§§ 43-29-101 — 43-29-122) › Section 43-29-109 - Withholding and transfer of funds - Report

The assessed rate as approved by referendum shall be deducted by the purchaser from the amount paid to the producer at the first point of sale. Each purchaser shall submit to the department or to the department's contractor or designee the total amount of funds withheld from producers on or before a date specified by the commissioner. The assessment levied on each head of cattle sold shall not apply to cattle purchased by a purchaser whose only share in the proceeds of a sale is a sales commission or handling fee or other service fee and who has delivered the cattle to facilitate the transfer of ownership from the seller and a third party. These cattle must be resold within ten (10) days from the date on which the person acquired ownership, with certification made to the department on forms approved by the commissioner. On or before the twentieth day of January, April, July and October of each year, the commissioner shall pay to the promotion board for that particular commodity all proceeds collected, less refunds and less an amount not to exceed five percent (5%) of the gross amount collected, or a sum sufficient to cover all of the department's expenses of collection, whichever is less, together with a report of all funds collected and disbursed.
Acts 1985, ch. 188, § 9; 2012, ch. 1049, § 1.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 29 - AGRICULTURE COMMODITIES PROMOTION (§§ 43-29-101 — 43-29-122) › Section 43-29-110 - Records

Each purchaser shall keep a complete and accurate record of commodities handled by that purchaser and shall furnish each producer with a signed sales slip showing the amount of commodities purchased from that producer and the amount deducted by the purchaser for the promotion fund. These records shall be kept for two (2) years and shall be open to inspection at any time and without notice by the commissioner or the commissioner's representative. The commissioner may from time to time require a purchaser to submit records and reports necessary for collection of the assessment.
Acts 1985, ch. 188, § 10.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 29 - AGRICULTURE COMMODITIES PROMOTION (§§ 43-29-101 — 43-29-122) › Section 43-29-111 - Application for refund of assessments

Within ninety (90) days of an assessment being withheld by the purchaser, any producer may make application to the commissioner, on forms to be prescribed by the commissioner, for refund of assessments withheld. The application shall be accompanied by copies of sales slips evidencing the withheld assessment for which the refund is sought.
Acts 1985, ch. 188, § 11.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 29 - AGRICULTURE COMMODITIES PROMOTION (§§ 43-29-101 — 43-29-122) › Section 43-29-112 - Referendum on continuation of assessment program

If the commissioner determines that, during any continuous twelve-month period the assessment program is in effect, over thirty percent (30%) of the proceeds generated by the assessment is being refunded, then the commissioner shall conduct a referendum within one hundred twenty (120) days to determine whether the assessment program should remain in effect.
Acts 1985, ch. 188, § 12.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 29 - AGRICULTURE COMMODITIES PROMOTION (§§ 43-29-101 — 43-29-122) › Section 43-29-113 - Establishment of promotion boards

If a referendum is carried in the affirmative and an assessment is to be levied as provided in this chapter, a promotion board shall be established according to the provisions set out in this chapter for each particular commodity.
Acts 1985, ch. 188, § 13.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 29 - AGRICULTURE COMMODITIES PROMOTION (§§ 43-29-101 — 43-29-122) › Section 43-29-114 - Promotion boards - Meetings - Organization - Duties

Members of each board shall meet and organize within thirty (30) days of their appointment and shall elect a chair, a vice chair and a secretary-treasurer from the membership of the board, each to serve for a one-year term. The duties and responsibilities of the board shall be prescribed by the commissioner to the extent applicable and shall include the following:
(1)
Developing and recommending to the commissioner administrative rules and procedures relating to the assessments;
(2)
Preparing and effectuating the estimated budget required for the proper operation of the board;
(3)
Developing methods for assessing producers and methods for collecting the necessary funds;
(4)
Collecting and assembling information necessary for the proper administration of the assessment program; and
(5)
Performing any other duties necessary to the operation of the promotion program in coordination with the commissioner.
Acts 1985, ch. 188, § 14.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 29 - AGRICULTURE COMMODITIES PROMOTION (§§ 43-29-101 — 43-29-122) › Section 43-29-115 - Use of funds by promotion boards - Reports

(a)
A commodity promotion board shall spend the proceeds of an assessment solely to finance a program of research, education, market development, marketing and advertising designed to promote the increased consumption, production, use and sale of agricultural commodities.
(b)
A commodity promotion board shall not spend its funds in any manner for political purposes or to influence any legislative action or rulemaking process, either state or federal, or to fund the organizational or membership activities of any group, association or organization.
(c)
The board may accept gifts and grants and shall invest any idle funds.
(d)
The members of a commodity promotion board shall not be compensated, but shall be reimbursed travel expenses in accordance with the comprehensive travel regulations promulgated by the commissioner of finance and administration and approved by the attorney general and reporter.
(e)
An annual report of its activities shall be filed with the commissioner on or before the date specified by the commissioner.
Acts 1985, ch. 188, § 15; 2012, ch. 1049, § 2.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 29 - AGRICULTURE COMMODITIES PROMOTION (§§ 43-29-101 — 43-29-122) › Section 43-29-116 - Personal debt - Penalties - Collection

Any amount withheld, or that should have been withheld, by the purchaser due to an assessment shall be a personal debt of the purchaser. If the purchaser's monthly payments to the commissioner are not timely made, a penalty of ten percent (10%) of the amount due shall be imposed. The commissioner may bring a civil action against the purchaser for collection of the debt and the above specified ten percent (10%) penalty.
Acts 1985, ch. 188, § 16.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 29 - AGRICULTURE COMMODITIES PROMOTION (§§ 43-29-101 — 43-29-122) › Section 43-29-117 - Promulgation of rules and regulations

The commissioner is authorized to promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to provide for the implementation of this chapter.
Acts 1985, ch. 188, § 17.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 29 - AGRICULTURE COMMODITIES PROMOTION (§§ 43-29-101 — 43-29-122) › Section 43-29-118 - Beef promotion board

(a)
The Tennessee beef promotion board shall be composed of twelve (12) members, to be appointed by the commissioner as provided in this section.
(b)
All twelve (12) members of the board shall be producers of beef animals or representatives of the beef industry in the state. The members of the Tennessee beef promotion board shall be the members of the board of directors of the Tennessee beef industry council, certified under
7 CFR 1260.315
. Vacancies that occur shall be filled by the commissioner from individuals nominated by the organizations that are represented on the board of directors of the Tennessee beef industry council and in the same representation ratios.
(c)
The commissioner or the commissioner's designee shall be an ex officio nonvoting member of the board.
Acts 1985, ch. 188, § 18; 2012, ch. 1049, § 3.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 29 - AGRICULTURE COMMODITIES PROMOTION (§§ 43-29-101 — 43-29-122) › Section 43-29-119 - Pork promotion board

(a)
The Tennessee pork promotion board shall be composed of seven (7) members, to be appointed by the commissioner to serve terms of three (3) years, as hereinafter provided. All seven (7) members of the board shall be producers of pork animals in the state of Tennessee.
(b)
Within ten (10) days of the effective date of an assessment levied pursuant to this chapter, the Tennessee Farm Bureau Federation, the Tennessee Livestock Association or its successor organization and any officially recognized purebred pork producer association shall submit the names of pork producers to the commissioner, who shall appoint three (3) members from the nominations submitted by the Tennessee Farm Bureau Federation, three (3) members from the nominations submitted by the Tennessee Livestock Association or its successor organization and one (1) member from the nominations submitted by officially recognized purebred pork producer associations.
(c)
The original board shall be appointed with members appointed in the discretion of the commissioner, one (1) member for one (1) year, three (3) members for two (2) years and three (3) members for three (3) years. Each year thereafter, not less than thirty (30) days before the expiration of board members' terms, each organization or individual shall submit the names of nominees to the commissioner, and succeeding boards shall be appointed by the commissioner in the same manner, giving proportional representation to each organization as provided in this section.
(d)
Vacancies that occur shall be filled in the same manner as the original appointments were made.
(e)
No board member shall serve more than a total of two (2) consecutive three-year terms unless that member does not serve as a board member for at least one (1) full year after serving two (2) consecutive three-year terms.
(f)
The commissioner shall be an ex officio nonvoting member of the board.
Acts 1985, ch. 188, § 19.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 29 - AGRICULTURE COMMODITIES PROMOTION (§§ 43-29-101 — 43-29-122) › Section 43-29-120 - [Repealed]

Repealed by 2021 Tenn. Acts, ch. 14, s 2, eff. 3/23/2021.
Acts 1985, ch. 188, § 20.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 29 - AGRICULTURE COMMODITIES PROMOTION (§§ 43-29-101 — 43-29-122) › Section 43-29-121 - First sales

At the time of the first sale, the producer shall provide evidence that all assessments provided for under this chapter have been paid. If the first sale is made to an egg handler or egg dealer, the egg handler or egg dealer shall deduct the assessment owed from the amount paid to the producer.
Acts 1985, ch. 188, § 20; T.C.A. §
43-29-120(b)
.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 29 - AGRICULTURE COMMODITIES PROMOTION (§§ 43-29-101 — 43-29-122) › Section 43-29-122 - Corn promotion board

(a)
The Tennessee corn promotion board shall be composed of nine (9) members to be appointed by the commissioner to serve for terms of three (3) years, as provided in this section. All of the nine (9) members of the board shall be producers of corn in this state.
(b)
Within ten (10) days following the effective date of an assessment on corn levied pursuant to this chapter, the Tennessee Farm Bureau Federation, the Tennessee Farmers Cooperative, and the Tennessee Corn Growers Association shall each submit the names of corn producers to the commissioner, and the commissioner shall appoint three (3) members from the nominees of each organization to serve on the board for rotating three-year terms.
(c)
The original board shall be appointed with members from each of the organizations appointed as follows: one (1) for one (1) year, one (1) for two (2) years, and one (1) for three (3) years. Each year thereafter, not less than thirty (30) days prior to the expiration of board members' terms, each organization shall submit the names of three (3) nominees to the commissioner, and succeeding boards shall be appointed by the commissioner in the same manner, giving equal representation to each organization.
(d)
Vacancies that occur shall be filled in the same manner as the original appointments were made. Persons who are appointed to the board shall serve no more than two (2) consecutive terms. The commissioner or a designee from the commissioner's staff shall serve as an advisor to the board.
(e)
The members of the board shall meet and organize within thirty (30) days of their appointment, and shall elect a chair, vice chair, and secretary-treasurer from the membership of the board, each to serve for one-year terms, whose duties shall be those customarily exercised by such officers or specifically designated by the board.
(f)
The board may establish rules for its own government and for the administration of the board's affairs.
(g)
The initial chair of the board elected pursuant to subsection (e) shall notify the government operations committee of the senate and the government operations committee of the house of representatives of the board's existence within thirty (30) days of the date of the initial chair's election.
Acts 2018, ch. 870, § 5.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 30 - VITICULTURE (§§ 43-30-101 — 43-30-104) › Section 43-30-101 - [Repealed]

Repealed by 2019 Tenn. Acts, ch. 444,s 2, eff. 7/1/2019.
Acts 1985, ch. 387, § 1.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 30 - VITICULTURE (§§ 43-30-101 — 43-30-104) › Section 43-30-102 - [Repealed]

Repealed by 2019 Tenn. Acts, ch. 444,s 2, eff. 7/1/2019.
Amended by 2016 Tenn. Acts, ch. 1042,s 1, eff. 7/1/2016.
Acts 1985, ch. 387, § 2; 1991, ch. 104, §§ 3-6.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 30 - VITICULTURE (§§ 43-30-101 — 43-30-104) › Section 43-30-103 - [Repealed]

Repealed by 2019 Tenn. Acts, ch. 444,s 2, eff. 7/1/2019.
Acts 1985, ch. 387, § 2.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 30 - VITICULTURE (§§ 43-30-101 — 43-30-104) › Section 43-30-104 - [Repealed]

Repealed by 2019 Tenn. Acts, ch. 444,s 2, eff. 7/1/2019.
Acts 1985, ch. 387, § 3.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 31 - AGRICULTURAL PRODUCTION INPUTS (§§ 43-31-101 — 43-31-106) › Section 43-31-101 - Short title

This chapter shall be known and may be cited as the "Tennessee Agricultural Production Input Law."
Acts 1986, ch. 922, § 1.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 31 - AGRICULTURAL PRODUCTION INPUTS (§§ 43-31-101 — 43-31-106) › Section 43-31-102 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Agricultural chemical" means fertilizers or agricultural chemicals that are applied to crops or to land that is used for raising crops, including fertilizer material, plant amendment, plant food and soil amendment, and pesticide as defined in §
43-8-102
;
(2)
"Agricultural production input" means crop production inputs;
(3)
"Crop production input" means agricultural chemicals, seeds, petroleum products, the custom application of agricultural chemicals and seeds;
(4)
"Debtor" means a farmer who is or has requested financial assistance from a lender through a supplier;
(5)
"Lender" means a person in the business of lending money identified in a security interest notification statement; provided, that in the case of a bank, "lender" means a bank that has an existing banking relationship with the debtor either due to an agricultural crop loan made within the preceding two (2) years, an existing farm or agricultural loan or mortgage or an existing deposit account;
(6)
"Letter of commitment" means a binding, irrevocable and unconditional agreement by a lender to honor drafts or other demands for payment upon the supplier presenting invoices signed by the purchaser or other proof of delivery;
(7)
"Person" means an individual or an organization and includes a corporation, firm or association;
(8)
"Petroleum product" means motor fuels and special fuels that are used in the production of crops, including "petroleum products," as defined in §
67-3-902
;
(9)
"Proceeds" means proceeds as defined in §
47-9-102
;
(10)
"Seed" means agricultural seeds that are used to produce crops, including "agricultural seed," as defined in §
43-10-103
; and
(11)
"Supplier" means a person who furnishes agricultural production inputs.
Acts 1986, ch. 922, § 2.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 31 - AGRICULTURAL PRODUCTION INPUTS (§§ 43-31-101 — 43-31-106) › Section 43-31-104 - Extent of supplier's security interest - When it attaches

(a)
A supplier who furnishes crop production inputs has an agricultural input security interest only as provided in this chapter for the unpaid retail cost of the crop production inputs. The security interest attaches to:
(1)
The existing crops upon the land where a furnished agricultural chemical was applied, or if crops are not planted, to the next production crop following the last date on which the agricultural chemical was applied;
(2)
The crops produced from furnished seed; or
(3)
The crops produced, harvested, or processed using a furnished petroleum product.
If the crops are grown on leased land and the lease provides for payment in crops, the security interest does not attach to the lessor's portion of the crops. The security interest continues in crop products and proceeds.
(b)
An agricultural input security interest attaches when the agricultural production inputs are furnished by the supplier to the purchaser.
Acts 1986, ch. 922, § 4.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 31 - AGRICULTURAL PRODUCTION INPUTS (§§ 43-31-101 — 43-31-106) › Section 43-31-105 - Perfection of security interest - Financing statement - Unperfected security interests

(a)
To perfect an agricultural production input security interest, the security interest must attach and the supplier entitled to the security interest must file a financing statement, with a copy of the security interest notification statement attached, with the appropriate filing officer under §
47-9-501
.
(b)
The financing statement must indicate that the security interest is effective for eighteen (18) months after the date of filing. The financing statement and attached security interest notification statement may be removed from the filing systems eighteen (18) months after the date of filing, and may be physically destroyed after thirty (30) months from the date of filing.
(c)
The filing officer shall file, amend, and terminate the financing statement, and shall charge the fee for filing under this section in the manner provided by §
47-9-525
for a financing statement.
(d)
An agricultural production input security interest that is not perfected has the priority of an unperfected security interest under §
47-9-322
.
Acts 1986, ch. 922, § 5; 2000, ch. 846, §§ 22b, 22c, 22d.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 31 - AGRICULTURAL PRODUCTION INPUTS (§§ 43-31-101 — 43-31-106) › Section 43-31-106 - Enforcement of security interest

The holder of an agricultural production input security interest may enforce the security interest in the manner provided in title 47, chapter 9, part 6. For enforcement of the security interest, the security interest holder is the secured party and person for whom the agricultural production input was furnished is the debtor, and each has the respective rights and duties of a secured party and a debtor under title 47, chapter 9, part 6.
Acts 1986, ch. 922, § 6; 2000, ch. 846, § 22e.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 32 - COMMODITY WAREHOUSES, DEALERS AND PRODUCERS (§§ 43-32-101 — 43-32-213) › Part 1 - COMMODITY DEALER AND WAREHOUSE LAW (§§ 43-32-101 — 43-32-110) › Section 43-32-101 - Short title

This part shall be known and may be cited as the "Tennessee Commodity Dealer and Warehouse Law."
Acts 1989, ch. 232, § 2.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 32 - COMMODITY WAREHOUSES, DEALERS AND PRODUCERS (§§ 43-32-101 — 43-32-213) › Part 1 - COMMODITY DEALER AND WAREHOUSE LAW (§§ 43-32-101 — 43-32-110) › Section 43-32-103 - Federally licensed commodity warehouses - Applicability

Any commodity warehouse licensed under the United States Warehouse Act shall be subject to this chapter. However, any federally licensed commodity warehouse that meets the minimum requirements of the federal act shall be in compliance with the requirements of this part. All public commodity warehouses licensed under the United States Warehouse Act shall file with the commissioner a copy of their current license and a copy of all subsequent licenses or renewals so as to always have a copy of a current license on file with the commissioner.
Acts 1989, ch. 232, § 3.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 32 - COMMODITY WAREHOUSES, DEALERS AND PRODUCERS (§§ 43-32-101 — 43-32-213) › Part 1 - COMMODITY DEALER AND WAREHOUSE LAW (§§ 43-32-101 — 43-32-110) › Section 43-32-104 - Warehouse receipts

(a)
The commissioner shall prescribe the form of all warehouse receipts, and no other character or form of warehouse receipt shall be issued except those so authorized.
(b)
Receipts must be issued for all commodities stored in a warehouse. Receipts need not be issued against nonstorage commodities, but each warehouseman shall keep accurate records of the weights, kinds, and grades, if graded, of all lots of nonstorage commodities received into and delivered from the warehouseman's warehouse.
(c)
(1)
No warehouse receipt shall be issued except on actual delivery of commodities into storage in the warehouse from which it purports to be issued, nor shall any receipt be issued for a greater quantity of commodities than was contained in the lot or parcel so received from storage, nor shall more than one (1) receipt be issued for the same lot of commodities, except in cases where a receipt for a part of a lot is desired, and then the aggregate receipts for a particular lot shall cover that lot and no more.
(2)
No warehouseman shall issue or aid the issuance of a receipt for commodities knowing that the commodities for which the receipt is issued and has not actually been received by the warehouseman or that the commodities are not under the warehouseman's actual control at the time of issuing the receipt.
Acts 1989, ch. 232, § 4.