2023 Tennessee Code › Title 53 - FOOD, DRUGS AND COSMETICS (§§ 53-1-101 — 53-15-103) › Chapter 3 - DAIRY LAW OF THE STATE OF TENNESSEE (§§ 53-3-101 — 53-3-309) › Part 1 - GENERAL PROVISIONS (§§ 53-3-101 — 53-3-120) › Section 53-3-119 - Use of milk from hoofed mammal for owner's personal consumption or use - Safe milk-handling course - Cooperative agricultural extension funding - Records - Penalty

(a)
As used in this section:
(1)
"Department" means the department of health; and
(2)
"Farm owner" means a farm owner who tends to one (1) or more hoofed mammals for the purpose of producing milk to be consumed or otherwise used by an independent or partial owner of the hoofed mammal as authorized by subsection (b).
(b)
Notwithstanding any law, an independent or partial owner of a hoofed mammal may use the milk from the mammal for the owner's personal consumption or other personal use in compliance with this section.
(c)
A farm owner is encouraged to complete a safe milk-handling course offered by the University of Tennessee Agricultural Extension Service.
(d)
If a farm owner complies with this section, then the farm owner may participate in the cooperative agricultural extension fund, created by §
49-50-103
, for the purpose of receiving cooperative agricultural extension funding for dairy equipment and processing equipment that promotes public health, including, but not limited to, equipment for pasteurizing, testing, and bottling milk.
(e)
In order to operate in a herd share program, a farm owner shall:
(1)
Maintain a list of the names, addresses, phone numbers, and email addresses, if applicable, of all partial owners of a hoofed mammal;
(2)
Maintain a contract on file between the farm owner and the partial owner of the hoofed mammal with clear terms of ownership and the rights resulting from that ownership; and
(3)
Maintain a contract as described in subdivision (e)(2) that includes the following warning label:
WARNING: Milk produced at this farm has not been inspected by the Department of Agriculture. Raw (unpasteurized) milk may contain disease-causing micro-organisms. Persons at highest risk of disease from these organisms include newborns and infants; the elderly; pregnant women; those taking corticosteroids, antibiotics, or antacids; and those having chronic illnesses or other conditions that weaken their immunity.
(f)
A farm owner shall retain the records described in subsection (e) for each partial owner of a hoofed mammal for at least three (3) years following the end of the contract with that partial owner. A farm owner shall allow the department to inspect the records maintained according to subsection (e) upon request by the department.
(g)
If a contamination event occurs on a farm owner's farm, then the farm owner shall:
(1)
Allow the department access to the farm within twenty-four (24) hours following the contamination event to investigate on the farm and to complete lab testing;
(2)
Cease all distribution of milk pursuant to this section until the investigation is completed and the cause of the contamination is determined and remedied to the satisfaction of the department; and
(3)
Notify all partial owners of hoofed mammals by email, text message, or phone and provide a list of those partial owners to the department.
(h)
If a farm owner violates this section, then the farm owner is subject to a civil penalty of five hundred dollars ($500).
(i)
All moneys collected pursuant to this section must be transferred to the University of Tennessee Agricultural Extension Service for the sole purpose of offsetting the cost to farm owners for completing a course described in subsection (c).
Amended by 2020 Tenn. Acts, ch. 714, s 1, eff. 10/1/2020.
Acts 2009 , ch. 285, § 1.