reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 2 - PREVENTION AND TREATMENT OF DISEASES (§§ 44-2-101 — 44-2-408) › Part 4 - FEEDING GARBAGE TO SWINE (§§ 44-2-401 — 44-2-408) › Section 44-2-404 - When feeding garbage to swine allowed

It is unlawful for any person to feed garbage to swine except:
(1)
Any individual who feeds only that person's own household garbage to that person's own swine; or
(2)
Garbage that has been processed in a manner prescribed and approved by the commissioner.
Acts 1973, ch. 17, § 2; T.C.A., §§ 44-1004, 44-5-104.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 2 - PREVENTION AND TREATMENT OF DISEASES (§§ 44-2-101 — 44-2-408) › Part 4 - FEEDING GARBAGE TO SWINE (§§ 44-2-401 — 44-2-408) › Section 44-2-405 - Rules and regulations

The commissioner may promulgate such rules and regulations as, in the commissioner's opinion, are necessary to implement this part.
Acts 1973, ch. 17, § 2; T.C.A., §§ 44-1005, 44-5-105.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 2 - PREVENTION AND TREATMENT OF DISEASES (§§ 44-2-101 — 44-2-408) › Part 4 - FEEDING GARBAGE TO SWINE (§§ 44-2-401 — 44-2-408) › Section 44-2-406 - Inspection of premises

The commissioner or the commissioner's designated representative may enter upon any premises, public or private, for the purpose of determining if a violation of this part has occurred.
Acts 1973, ch. 17, § 2; T.C.A., §§ 44-1006, 44-5-106.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 2 - PREVENTION AND TREATMENT OF DISEASES (§§ 44-2-101 — 44-2-408) › Part 4 - FEEDING GARBAGE TO SWINE (§§ 44-2-401 — 44-2-408) › Section 44-2-407 - Penalty for violations

(a)
A violation of this part by any person is a Class C misdemeanor.
(b)
Each illegal feeding of garbage is to be considered a separate offense.
Acts 1973, ch. 17, § 2; T.C.A., §§ 44-1007, 44-5-107; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 2 - PREVENTION AND TREATMENT OF DISEASES (§§ 44-2-101 — 44-2-408) › Part 4 - FEEDING GARBAGE TO SWINE (§§ 44-2-401 — 44-2-408) › Section 44-2-408 - Enjoining violations of law

The commissioner, upon determining that any person may have violated any provision of this part, may petition for injunctive relief from further violation. The petition shall be addressed to the chancery court in the county in which the offense occurred or in which the offender's principal place of business is located or where the offender is doing business or resides. The chancellor, on determining that probable cause of a violation of this part exists, shall issue appropriate injunctive relief.
Acts 1973, ch. 17, § 2; T.C.A., §§ 44-1008, 44-5-108.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 6 - COMMERCIAL FEED LAW (§§ 44-6-101 — 44-6-115) › Section 44-6-101 - Short title

This chapter shall be known and may be cited as the "Tennessee Commercial Feed Law of 1972."
Acts 1972, ch. 488, § 1; T.C.A., § 44-1118.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 6 - COMMERCIAL FEED LAW (§§ 44-6-101 — 44-6-115) › Section 44-6-102 - Administration by commissioner of agriculture

This chapter shall be administered by the commissioner of agriculture.
Acts 1972, ch. 488, § 2; T.C.A., § 44-1119.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 6 - COMMERCIAL FEED LAW (§§ 44-6-101 — 44-6-115) › Section 44-6-104 - License requirement - Application - Fees - Refusal of license - Hearing

(a)
Any person who manufactures a commercial feed within the state, who distributes a commercial feed in or into the state, or whose name appears on the label of a commercial feed as guarantor shall obtain a license for each facility from which commercial feed is distributed in or into the state, authorizing the person to manufacture or distribute commercial feed before engaging in the activity. Any person who makes only retail sales of commercial feed that bears labeling or other approved indication that the commercial feed is from a licensed manufacturer, guarantor, or distributor is not required to obtain a license.
(b)
Any person who is required to obtain a license shall submit an application on a form provided by or approved by the commissioner, accompanied by payment in the amount set by rule pursuant to §
43-1-703
for each facility. Each license shall expire on July 1 of the year for which it is issued.
(c)
The form and content of the commercial feed license application shall be established by rules promulgated by the commissioner.
(d)
The commissioner is empowered to refuse to issue a license to any person not in compliance with this chapter and to cancel the license of any licensee subsequently found not to be in compliance with any provision of this chapter; provided, that no license shall be refused or canceled unless the applicant or licensee has been given an opportunity to be heard before the commissioner and to amend the applicant's or licensee's application in order to comply with the requirements of this chapter.
Amended by 2015 Tenn. Acts, ch. 485, s 16, eff. 7/1/2015.
Acts 1972, ch. 488, § 4; T.C.A., §44-1121; Acts 1997 , ch. 55, § 2.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 6 - COMMERCIAL FEED LAW (§§ 44-6-101 — 44-6-115) › Section 44-6-105 - Labeling

A commercial feed shall be labeled as follows:
(1)
In case of a commercial feed, except a customer-formula feed, it shall be accompanied by a label bearing the following information:
(A)
The quantity statement;
(B)
The product name and the brand name, if any, under which the commercial feed is distributed;
(C)
The guaranteed analysis stated in such terms, as the commissioner by regulation determines, is required to advise the user of the composition of the feed or to support claims made in the labeling. In all cases the substances or elements must be determinable by laboratory methods published by the AOAC International, or other methods approved by regulation;
(D)
The common or usual name of each ingredient used in the manufacture of the commercial feed; provided, that the commissioner by regulation may permit the use of a collective term for a group of ingredients that perform a similar function, or the commissioner may exempt commercial feeds, or any group thereof, from this requirement of an ingredient statement if the commissioner finds that this statement is not required in the interest of consumers;
(E)
The name and principal mailing address of the manufacturer or the person responsible for distributing the commercial feed;
(F)
For those commercial feeds containing drugs, and for such other feeds as the commissioner may require by regulation, adequate directions for their safe and effective use; and
(G)
Such precautionary statements as the commissioner by regulation determines are necessary for the safe and effective use of the commercial feed; and
(2)
In the case of a customer-formula feed, it shall be accompanied by a label, invoice, delivery slip, or other shipping document, bearing the following information:
(A)
Name and address of the manufacturer;
(B)
Name and address of the purchaser;
(C)
Date of delivery;
(D)
The product name and brand name, if any, and the net weight of each registered commercial feed used in the mixture, and the net weight of each other ingredient used;
(E)
For those customer-formula feeds containing drugs, and for such other feeds as the commissioner may require by regulation, adequate directions for their safe and effective use; and
(F)
Such precautionary statements as the commissioner by regulation determines are necessary for the safe and effective use of the customer-formula feed.
Acts 1972, ch. 488, § 5; T.C.A., §44-1122; Acts 1997 , ch. 55, §§ 3, 4.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 6 - COMMERCIAL FEED LAW (§§ 44-6-101 — 44-6-115) › Section 44-6-106 - Misbranding

A commercial feed shall be deemed to be misbranded if:
(1)
Its labeling is false or misleading in any particular;
(2)
It is distributed under the name of another commercial feed;
(3)
It is not labeled as required in §
44-6-105
;
(4)
It purports to be or is represented as a commercial feed, or if it purports to contain or is represented as containing a commercial feed ingredient, unless the commercial feed or feed ingredient conforms to the definition, if any, prescribed by regulation by the commissioner; or
(5)
Any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.
Acts 1972, ch. 488, § 6; T.C.A., § 44-1123.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 6 - COMMERCIAL FEED LAW (§§ 44-6-101 — 44-6-115) › Section 44-6-108 - Prohibited acts

The following acts and the causing of the following acts within this state are prohibited:
(1)
The manufacture or distribution of any commercial feed that is adulterated or misbranded;
(2)
The adulteration or misbranding of any commercial feed;
(3)
The distribution of agricultural commodities, such as whole seed, hay, straw, stover, silage, cobs, husks, and hulls, that are adulterated within the meaning of §
44-6-107(1)
;
(4)
The removal or disposal of a commercial feed in violation of an order under §
44-6-112
;
(5)
The failure or refusal to register in accordance with §
44-6-104
; and
(6)
Failure to pay inspection fees and file reports as required by [former] §
44-6-109
[repealed].
Acts 1972, ch. 488, § 8; T.C.A., § 44-1125.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 6 - COMMERCIAL FEED LAW (§§ 44-6-101 — 44-6-115) › Section 44-6-109 - [Repealed]

Repealed by 2015 Tenn. Acts, ch. 485, s 17, eff. 7/1/2015.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 6 - COMMERCIAL FEED LAW (§§ 44-6-101 — 44-6-115) › Section 44-6-110 - Rules and regulations

The commissioner is authorized to promulgate such rules and regulations for commercial feeds and pet foods as are specifically authorized in this chapter, and such other reasonable rules and regulations as may be necessary for the efficient enforcement of this chapter. In the interest of uniformity, the commissioner shall by regulation adopt, unless the commissioner determines that they are inconsistent with this chapter or are not appropriate to conditions that exist in this state, the following:
(1)
The official definitions of feed ingredients and official feed terms adopted by the Association of American Feed Control Officials and published in the official publication of that organization; and
(2)
Any regulation promulgated pursuant to the authority of the federal Food, Drug, and Cosmetic Act (
21 U.S.C. § 301
et seq.).
Acts 1972, ch. 488, § 10; T.C.A., § 44-1127.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 6 - COMMERCIAL FEED LAW (§§ 44-6-101 — 44-6-115) › Section 44-6-112 - Withdrawal, condemnation and confiscation orders

(a)
When the commissioner or the commissioner's authorized agent has reasonable cause to believe any lot of commercial feed is being distributed in violation of any of the provisions of this chapter or of any of the prescribed regulations under this chapter, the commissioner or the commissioner's agent may issue and enforce a written or printed "withdrawal from distribution" order, warning the distributor not to dispose of the lot of commercial feed in any manner until written permission is given by the commissioner or the court. The commissioner shall release the lot of commercial feed so withdrawn when the provisions and regulations have been complied with. If compliance is not obtained within thirty (30) days, the commissioner may begin, or upon request of the distributor or registrant shall begin, proceedings for condemnation.
(b)
Any lot of commercial feed not in compliance with any of the provisions of this chapter or of any of the prescribed regulations under this chapter shall be subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the area in which the commercial feed is located. In the event the court finds the commercial feed to be in violation of this chapter and orders the condemnation of the commercial feed, it shall be disposed of in any manner consistent with the quality of the commercial feed and the laws of the state; provided, that in no instance shall the disposition of the commercial feed be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the commercial feed or for permission to process or relabel the commercial feed to bring it into compliance with this chapter.
Acts 1972, ch. 488, § 12; T.C.A., § 44-1129.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 6 - COMMERCIAL FEED LAW (§§ 44-6-101 — 44-6-115) › Section 44-6-113 - Violation a misdemeanor - Penalties - Construction - Injunction - Judicial review

(a)
Any person convicted of violating any of the provisions of this chapter or who impedes, hinders or otherwise prevents, or attempts to prevent, the commissioner or the commissioner's duly authorized agent in performance of that official's duty in connection with this chapter commits a Class C misdemeanor. In all prosecutions under this chapter involving the composition of a lot of commercial feed, a certified copy of the official analysis signed by the commissioner or the commissioner's authorized agent shall be accepted as prima facie evidence of the composition.
(b)
Nothing in this chapter shall be construed as requiring the commissioner or the commissioner's representative to:
(1)
Report for prosecution;
(2)
Institute seizure proceedings; or
(3)
Issue a withdrawal from distribution order,
as a result of minor violations of this chapter, or when that official believes the public interest will best be served by suitable notice of warning in writing.
(c)
The commissioner is authorized to apply for, and the court to grant, a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rule or regulation promulgated under this chapter, notwithstanding the existence of other remedies at law. The injunction is to be issued without bond.
(d)
Any person adversely affected by an act, order or ruling made pursuant to this chapter may within forty-five (45) days thereafter bring action in the chancery court of Davidson County, or the chancery court in the county of the residence or principal place of business of the party adversely affected, for judicial review of the act, order or ruling. The form of the proceeding shall be any that may be provided by statutes of this state to review decisions of administrative agencies, or in the absence or inadequacy thereof, any applicable form of legal action, including actions for declaratory judgments or writs of prohibitory or mandatory injunctions.
Acts 1972, ch. 488, § 13; T.C.A., § 44-1130; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 6 - COMMERCIAL FEED LAW (§§ 44-6-101 — 44-6-115) › Section 44-6-114 - Cooperation with other entities

The commissioner may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the federal government, and private associations in order to carry out the purpose and provisions of this chapter.
Acts 1972, ch. 488, § 14; T.C.A., § 44-1131.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 6 - COMMERCIAL FEED LAW (§§ 44-6-101 — 44-6-115) › Section 44-6-115 - Publications

The commissioner shall publish at least annually, in such forms as the commissioner may deem proper, information concerning the sales of commercial feeds, together with such data on their production and use as the commissioner may consider advisable, and a report of the results of the analyses of official samples of commercial feeds sold within the state as compared with the analyses guaranteed in the registration and on the label; provided, that the information concerning production and use of commercial feed shall not disclose the operations of any single person or company.
Acts 1972, ch. 488, § 15; T.C.A., § 44-1132.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 7 - MARKS, BRANDS, REGISTRATION AND CERTIFICATION (§§ 44-7-101 — 44-7-403) › Part 1 - GENERAL PROVISIONS (§§ 44-7-101 — 44-7-110) › Section 44-7-101 - Marks and brands of animals running at large

Any person owning any cattle, hogs, sheep or goats, horses or other animals, running at large, shall have an earmark or brand different from those of that person's neighbors.
Code 1858, § 1654 (deriv. Acts 1741, ch. 8, § 6); Shan., § 2840; Code 1932, § 5067; T.C.A. (orig. ed.), § 44-1201.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 7 - MARKS, BRANDS, REGISTRATION AND CERTIFICATION (§§ 44-7-101 — 44-7-403) › Part 1 - GENERAL PROVISIONS (§§ 44-7-101 — 44-7-110) › Section 44-7-102 - Recording marks and brands

Marks or brands shall be recorded in the office of the county clerk of the county in which the animals run; but the same brand or marks shall not be recorded to more than one (1) person in the same county.
Code 1858, § 1655 (deriv. Acts 1741, ch. 8, § 6); Shan., § 2841; Code 1932, § 5068; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 44-1202.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 7 - MARKS, BRANDS, REGISTRATION AND CERTIFICATION (§§ 44-7-101 — 44-7-403) › Part 1 - GENERAL PROVISIONS (§§ 44-7-101 — 44-7-110) › Section 44-7-103 - Priority of marks and brands

When a dispute occurs in regard to a brand or mark, the person first recording the same is entitled thereto.
Code 1858, § 1656; Shan., § 2842; Code 1932, § 5069; T.C.A. (orig. ed.), § 44-1203.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 7 - MARKS, BRANDS, REGISTRATION AND CERTIFICATION (§§ 44-7-101 — 44-7-403) › Part 1 - GENERAL PROVISIONS (§§ 44-7-101 — 44-7-110) › Section 44-7-104 - Horses and cattle to be branded

The owner shall brand all horses, from eighteen (18) months old and upwards, with the same brand, and earmark and brand all the owner's cattle from twelve (12) months old and upwards with the same mark or brand.
Code 1858, § 1657 (deriv. Acts 1741, ch. 8, § 6); Shan., § 2843; Code 1932, § 5070; T.C.A. (orig. ed.), § 44-1204.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 7 - MARKS, BRANDS, REGISTRATION AND CERTIFICATION (§§ 44-7-101 — 44-7-403) › Part 1 - GENERAL PROVISIONS (§§ 44-7-101 — 44-7-110) › Section 44-7-105 - Deciding dispute as to marks and brands

If any dispute arise about an earmark or brand, it shall be decided according to entries on the book of the county clerk.
Code 1858, § 1658 (deriv. Acts 1741, ch. 8, § 6); Shan., § 2844; mod. Code 1932, § 5071; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 44-1205.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 7 - MARKS, BRANDS, REGISTRATION AND CERTIFICATION (§§ 44-7-101 — 44-7-403) › Part 1 - GENERAL PROVISIONS (§§ 44-7-101 — 44-7-110) › Section 44-7-106 - Neat cattle purchased to be branded anew upon purchase

Any person who buys branded neat cattle from another, or acquires same by other lawful means, shall, within eight (8) months, brand the cattle with the person's own proper brand, in the presence of two (2) credible witnesses, a certificate of which shall be signed by the witnesses.
Code 1858, § 1659 (deriv. Acts 1741, ch. 8, § 7); Shan., § 2845; mod. Code 1932, § 5072; T.C.A. (orig. ed.), § 44-1206.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 7 - MARKS, BRANDS, REGISTRATION AND CERTIFICATION (§§ 44-7-101 — 44-7-403) › Part 1 - GENERAL PROVISIONS (§§ 44-7-101 — 44-7-110) › Section 44-7-107 - Altering or defacing marks - Forfeiture

Any person who alters or defaces the mark or brand of another, forfeits for each animal on which the mark or brand is altered or defaced, twenty-five dollars ($25.00) to the owner who sues therefor in six (6) months, and to the owner or any interested third person who sues after six (6) and within twelve (12) months.
Code 1858, § 1660 (deriv. Acts 1741, ch. 8, § 2); Shan., § 2846; mod. Code 1932, § 5073; T.C.A. (orig. ed.), § 44-1207.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 7 - MARKS, BRANDS, REGISTRATION AND CERTIFICATION (§§ 44-7-101 — 44-7-403) › Part 1 - GENERAL PROVISIONS (§§ 44-7-101 — 44-7-110) › Section 44-7-108 - Misbranding or mismarking - Forfeiture

Any person who misbrands or mismarks any unbranded or unmarked animals not belonging to that person forfeits, as in §
44-7-107
, twenty-five dollars ($25.00) over and above the value of the animal, to be recovered in the same way.
Code 1858, § 1661 (deriv. Acts 1741, ch. 8, § 2); Shan., § 2847; Code 1932, § 5074; T.C.A. (orig. ed.), § 44-1208.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 7 - MARKS, BRANDS, REGISTRATION AND CERTIFICATION (§§ 44-7-101 — 44-7-403) › Part 1 - GENERAL PROVISIONS (§§ 44-7-101 — 44-7-110) › Section 44-7-109 - Inspection of record - Clerk's fee for recording

The county clerk shall allow all citizens of the county to inspect, without charge, the book in which the marks and brands are recorded; and is entitled to fifty cents (50¢) for each record of a mark or brand.
Code 1858, § 1662; Shan., § 2848; Code 1932, § 5075; impl. am. Acts 1951, ch. 166, § 1; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A. (orig. ed.), § 44-1209.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 7 - MARKS, BRANDS, REGISTRATION AND CERTIFICATION (§§ 44-7-101 — 44-7-403) › Part 1 - GENERAL PROVISIONS (§§ 44-7-101 — 44-7-110) › Section 44-7-110 - Record of livestock brands required

(a)
Every stockyard, slaughterhouse, and packing house licensed to do business under the laws of this state shall maintain for sixty (60) days on file a record of all visible brands on livestock handled or processed on their premises. The list shall be updated every sixty (60) days and inspection shall be made available to persons doing business with those establishments.
(b)
In the event brands are unreadable, the stockyard, slaughterhouse, or packing house will record the brand to the best of its ability with a statement declaring the condition of the brand.
(c)
Failure to comply with this section is a Class A misdemeanor.
Acts 1971, ch. 147, § 1; T.C.A., § 44-1219.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 7 - MARKS, BRANDS, REGISTRATION AND CERTIFICATION (§§ 44-7-101 — 44-7-403) › Part 2 - REGISTRATION OF CATTLE BRANDS (§§ 44-7-201 — 44-7-209) › Section 44-7-201 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Brand" means any recorded identification mark applied to any position on the hide of a live animal by means of heat, acid or chemical, except tattoo marks in the ear or numbers used to keep production records or record of age;
(2)
"Commissioner" means the commissioner of agriculture;
(3)
"Department" means the department of agriculture;
(4)
"Livestock hide dealer" means any dealer or person who buys hides;
(5)
"Livestock market" means a place where a person assembles livestock for public sale if the person is required to procure a license or permit from the department to operate such market; and
(6)
"Person" means any individual, partnership, corporation or association.
Acts 1959, ch. 311, § 1; T.C.A., § 44-1210.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 7 - MARKS, BRANDS, REGISTRATION AND CERTIFICATION (§§ 44-7-101 — 44-7-403) › Part 2 - REGISTRATION OF CATTLE BRANDS (§§ 44-7-201 — 44-7-209) › Section 44-7-202 - Registration of brands by department of agriculture - Fees - Issuance of certificate

(a)
Any owner who uses a brand to identify cattle, hogs, sheep, goats, horses, and other animals belonging to that owner must submit an application to the department to register the owner's brand.
(b)
The application shall be made on forms prescribed and furnished by the department and shall be accompanied by payment of a fee set by rule pursuant to §
43-1-703
and a facsimile of the brand to be registered. If the brand described in the application closely resembles another brand previously registered by another owner, the commissioner may reject the application for registration, but in the event the brand does not closely resemble another brand previously registered, the commissioner shall issue to the applicant a certificate of registration.
(c)
A person having a brand duly registered with the department may transfer the brand to another person by notifying the department of the transfer and giving the date of transfer and the name of the transferee. Upon receipt of the notice, the department shall note the brand transfer and the name of the transferee in its register of brands. The transferee shall not use the transferred brand until the department notifies the transferee that the brand transfer has been noted on the department's register.
Amended by 2015 Tenn. Acts, ch. 485,s 18, eff. 7/1/2015.
Acts 1959, ch. 311, § 2; 1970, ch. 374, § 1; T.C.A., § 44-1211.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 7 - MARKS, BRANDS, REGISTRATION AND CERTIFICATION (§§ 44-7-101 — 44-7-403) › Part 2 - REGISTRATION OF CATTLE BRANDS (§§ 44-7-201 — 44-7-209) › Section 44-7-203 - Copy of certificate evidence of registration

In all suits at law or in equity, or in any criminal proceedings involving the title or right of possession of branded cattle, hogs, sheep, goats, horses, and other animals, a copy of the certificate of the brand registration, verified by the affidavit of the commissioner, shall be received in evidence by the court as evidence of the registration of the brand in accordance with the requirements of this part.
Acts 1959, ch. 311, § 3; 1970, ch. 374, § 1; T.C.A., § 44-1212.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 7 - MARKS, BRANDS, REGISTRATION AND CERTIFICATION (§§ 44-7-101 — 44-7-403) › Part 2 - REGISTRATION OF CATTLE BRANDS (§§ 44-7-201 — 44-7-209) › Section 44-7-204 - Reregistration of brands periodically - Fee - Forfeiture upon failure

Every five (5) years, all brands shall be reregistered with the department. At least ninety (90) days prior to the date for reregistration of all brands, the department shall notify all persons having brands registered as to the date by which the brand must be reregistered. On or before the reregistration date, the person in whose name the brand is registered shall furnish any additional information as the department may require on forms furnished by the department. If any person having a registered brand fails to reregister the brand in that person's name, the brand shall be forfeited and shall be available for registration in the name of another person.
Amended by 2015 Tenn. Acts, ch. 485,s 19, eff. 7/1/2015.
Acts 1959, ch. 311, § 4; T.C.A., § 44-1213.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 7 - MARKS, BRANDS, REGISTRATION AND CERTIFICATION (§§ 44-7-101 — 44-7-403) › Part 2 - REGISTRATION OF CATTLE BRANDS (§§ 44-7-201 — 44-7-209) › Section 44-7-205 - Register of brands - Publication

The department shall maintain a complete register of all brands, showing the name and address of the owner, and shall, in accordance with the rules, regulations, policies and procedures of the state publications committee, publish and distribute copies of the register in booklet form, and supplemental copies thereof, to every livestock market and county clerk in the state. Copies of the register of brands may be furnished to other persons requesting them at a price to be determined by the commissioner.
Acts 1959, ch. 311, § 5; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A., § 44-1214; Acts 1990, ch. 1024, § 20.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 7 - MARKS, BRANDS, REGISTRATION AND CERTIFICATION (§§ 44-7-101 — 44-7-403) › Part 2 - REGISTRATION OF CATTLE BRANDS (§§ 44-7-201 — 44-7-209) › Section 44-7-206 - Copies of register to be available for inspection

Every operator of a livestock market where cattle, hogs, sheep, goats, horses, and other animals are sold shall keep a copy of the register of brands in that person's place of business where it will be accessible for public inspection.
Acts 1959, ch. 311, § 6; 1970, ch. 374, § 1; T.C.A., § 44-1215.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 7 - MARKS, BRANDS, REGISTRATION AND CERTIFICATION (§§ 44-7-101 — 44-7-403) › Part 2 - REGISTRATION OF CATTLE BRANDS (§§ 44-7-201 — 44-7-209) › Section 44-7-207 - Rules and regulations promulgated by commissioner

The commissioner has the authority to promulgate such rules and regulations as are reasonably necessary to carry out the intent and purpose of this part so as to facilitate the tracing and identification of cattle, hogs, sheep, goats, horses, and other animals, and afford protection against stealing and unlawful dealing in cattle, hogs, sheep, goats, horses, and other animals.
Acts 1959, ch. 311, § 7; 1970, ch. 374, § 1; T.C.A., § 44-1216.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 7 - MARKS, BRANDS, REGISTRATION AND CERTIFICATION (§§ 44-7-101 — 44-7-403) › Part 2 - REGISTRATION OF CATTLE BRANDS (§§ 44-7-201 — 44-7-209) › Section 44-7-208 - Unlawful to use unregistered brand or deface brand

It is unlawful for:
(1)
Any person to use any brand for branding cattle, hogs, sheep, goats, horses, and other animals, unless the brand is registered with the department;
(2)
Any person to obliterate, alter or deface the brand of any animals; or
(3)
Any person operating or owning a livestock market to fail to keep a copy of the register of brands furnished to such person by the department in a place easily accessible to interested parties.
Acts 1959, ch. 311, § 8; 1970, ch. 374, § 1; T.C.A., § 44-1217.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 7 - MARKS, BRANDS, REGISTRATION AND CERTIFICATION (§§ 44-7-101 — 44-7-403) › Part 2 - REGISTRATION OF CATTLE BRANDS (§§ 44-7-201 — 44-7-209) › Section 44-7-209 - Violation of this part a misdemeanor

A person who violates any of the provisions of this part commits a Class C misdemeanor.
Acts 1959, ch. 311, § 9; T.C.A., § 44-1218; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 7 - MARKS, BRANDS, REGISTRATION AND CERTIFICATION (§§ 44-7-101 — 44-7-403) › Part 3 - REGISTRATION OF STALLIONS (§§ 44-7-301 — 44-7-303) › Section 44-7-301 - Pedigreed jacks or bulls for breeding to be registered

The pedigree of any jack or bull, claimed to be pedigreed livestock and used for public breeding, shall be filed and registered with the county clerk, under oath that the pedigree is genuine, and the county clerk shall record the pedigree in a well-bound book to be kept in county clerk's office for that purpose.
Acts 1891, ch. 148, § 1; Shan., § 2854; Code 1932, § 5088; impl. am. Acts 1947, ch. 75; C. Supp. 1950, § 5088; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A., (orig. ed.), § 44-1301; Acts 2008, ch. 924, § 2.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 7 - MARKS, BRANDS, REGISTRATION AND CERTIFICATION (§§ 44-7-101 — 44-7-403) › Part 3 - REGISTRATION OF STALLIONS (§§ 44-7-301 — 44-7-303) › Section 44-7-302 - Pedigrees to be posted

The owner of such pedigreed stock shall, during breeding seasons, have posted conspicuously in three (3) different places in the county in which the owner lives, or in which the animal is being used for breeding purposes, a certified copy of the pedigree recorded as provided in §
44-7-301
.
Acts 1891, ch. 148, § 2; Shan., § 2855; Code 1932, § 5089; T.C.A. (orig. ed.), § 44-1302.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 7 - MARKS, BRANDS, REGISTRATION AND CERTIFICATION (§§ 44-7-101 — 44-7-403) › Part 3 - REGISTRATION OF STALLIONS (§§ 44-7-301 — 44-7-303) › Section 44-7-303 - False pedigree posted or recorded a misdemeanor

Any person who knowingly records or posts any false or fraudulent pedigree commits a Class C misdemeanor.
Acts 1891, ch. 148, § 3; Shan., § 2856; Code 1932, § 5090; T.C.A. (orig. ed.), § 44-1303; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 7 - MARKS, BRANDS, REGISTRATION AND CERTIFICATION (§§ 44-7-101 — 44-7-403) › Part 4 - CERTIFICATION OF LIVESTOCK (§§ 44-7-401 — 44-7-403) › Section 44-7-401 - Certification of quality - Fees - Rules and regulations

In order to promote and further develop livestock interests of this state, the commissioner, or the commissioner's authorized agents, is authorized, when requested by parties financially interested in livestock or livestock products, to investigate and certify the quality, condition, grade or other classification of the livestock or livestock products. Such classification, including payment of such fees as the commissioner deems reasonable for the services rendered or performed by employees or licensed agents of the department, shall be established under such rules and regulations as the commissioner may prescribe.
Acts 1971, ch. 172, § 1; T.C.A., §§ 44-2501, 44-13-101.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 7 - MARKS, BRANDS, REGISTRATION AND CERTIFICATION (§§ 44-7-101 — 44-7-403) › Part 4 - CERTIFICATION OF LIVESTOCK (§§ 44-7-401 — 44-7-403) › Section 44-7-402 - Disposition of collected fees

All fees and moneys collected or received under §
44-7-401
shall be paid into the state treasury to the credit of the department, with the funds to be used solely and separately to defray the actual costs of the services rendered.
Acts 1971, ch. 172, § 1; T.C.A., §§ 44-2502, 44-13-102.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 7 - MARKS, BRANDS, REGISTRATION AND CERTIFICATION (§§ 44-7-101 — 44-7-403) › Part 4 - CERTIFICATION OF LIVESTOCK (§§ 44-7-401 — 44-7-403) › Section 44-7-403 - Animal diagnostic laboratory - Fees

(a)
Animal diagnostic laboratory service fees, including, but not limited to, biopsy, necropsy, cytology, parasitology, virology, bacteriology, toxicology, and immunology, shall be set by rule pursuant to §
43-1-703
.
(b)
The commissioner shall establish grading fees for livestock graded by employees or agents of the department of agriculture by rule pursuant to §
43-1-703
. The livestock market where the animal was graded and sold shall be responsible for payment of the fees to the department.
Amended by 2015 Tenn. Acts, ch. 485,s 20, eff. 7/1/2015.
Acts 1983, ch. 153, § 1; T.C.A., § 44-13-103; Acts 1996, ch. 792, § 1; 2002, ch. 640, § 17; 2010, ch. 717, § 19.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 8 - FENCES AND CONFINEMENT (§§ 44-8-101 — 44-8-503) › Part 1 - GENERAL PROVISIONS (§§ 44-8-101 — 44-8-114) › Section 44-8-101 - Land in cultivation sufficiently fenced

Every planter shall make and keep a sufficient fence, of ordinarily sound and substantial material, around the planter's land in cultivation, and so close, for at least two and one-half feet (2½') from the surface of the earth, as to prevent hogs large enough to do damage from passing through the fence.
Code 1858, § 1682 (deriv. Acts 1807, ch. 8, § 1); Acts 1877, ch. 35, §§ 2, 3; Shan., § 2979; Code 1932, § 5202; T.C.A. (orig. ed.), §§ 44-1701, 44-9-101.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 8 - FENCES AND CONFINEMENT (§§ 44-8-101 — 44-8-503) › Part 1 - GENERAL PROVISIONS (§§ 44-8-101 — 44-8-114) › Section 44-8-103 - Horses, cattle, and mules sufficiently fenced

The following shall be sufficient and be deemed a lawful fence only as to horses, cattle, and mules: any enclosure made by stretching not less than five (5) strands of barbed wire tightly between posts firmly set in the ground, or between growing trees and posts firmly set in the ground, not more than twenty feet (20') apart; the topmost wire not less than four and one-half feet (4½') from the ground, the bottom wire not less than six inches (6"), and the next to the bottom wire not less than fifteen inches (15") from the ground.
Acts 1883, ch. 46, § 1; Shan., § 2981; Code 1932, § 5204; T.C.A. (orig. ed.), §§ 44-1703, 44-9-103.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 8 - FENCES AND CONFINEMENT (§§ 44-8-101 — 44-8-503) › Part 1 - GENERAL PROVISIONS (§§ 44-8-101 — 44-8-114) › Section 44-8-104 - Paling and wire fence lawful

The paling and wire fence is made a lawful fence; provided, that the fence is built upon good-sized, substantial posts, set firmly in the ground, not more than twelve feet (12') apart; and provided further, that there is firmly fastened upon these posts two (2) sets double-strand wire, one (1) near the top, the other near the bottom, into which there is woven substantial sawed or split palings, not less than three feet (3') long, with one (1) barbed wire one foot (1') above the paling, or four feet (4') without the wire, and not more than three inches (3") apart; but nothing in this section shall be construed as repealing any statute providing for lawful fences in this state.
Acts 1899, ch. 374, §§ 1, 2; Shan., § 2981a1; Code 1932, § 5205; T.C.A. (orig. ed.), §§ 44-1704, 44-9-104.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 8 - FENCES AND CONFINEMENT (§§ 44-8-101 — 44-8-503) › Part 1 - GENERAL PROVISIONS (§§ 44-8-101 — 44-8-114) › Section 44-8-105 - Three-wire, plank, or slat fence a lawful fence

In addition, the following shall also be a lawful fence: a fence built on good-sized, substantial posts, set firmly in the ground not more than nine feet (9') apart. The fence shall consist of three (3) barbed wires, or three (3) planks, or three (3) slats running horizontally and fastened firmly to the posts, the first to be eighteen inches (18") from the ground, and the second and third eighteen inches (18") from the first and second respectively, counting from the center of each. The fence may consist entirely of wire strands, or of planks or of slats; or it may be composed of a wire, plank, and slat.
Acts 1891, ch. 92, § 1; Shan., § 2982; Code 1932, § 5206; T.C.A. (orig. ed.), §§ 44-1705, 44-9-105.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 8 - FENCES AND CONFINEMENT (§§ 44-8-101 — 44-8-503) › Part 1 - GENERAL PROVISIONS (§§ 44-8-101 — 44-8-114) › Section 44-8-106 - Damages for trespass - Determination - Recovery

(a)
When any trespass has been committed by horses, cattle, hogs, goats, sheep, or other stock upon the cleared and cultivated ground of any person having the livestock fenced, as is described in §§
44-8-101
- 44-8-105, the person may complain to a judge of the court of general sessions of the county, who shall cause two (2) discreet and impartial freeholders to be summoned, and with them shall view and examine, on oath of the freeholders to do justice, whether the complainant's fence is a lawful fence, and what damage, if any, the person has sustained by the trespass, and certify the result of this view and examination under the hands and seals of the judge and freeholders, which certificate the judge shall deliver to the complainant. The certificate shall be prima facie evidence of the plaintiff's demand.
(b)
The owner of the stock shall be entitled to a hearing, but, if not successful, shall make full satisfaction for the trespass and damages to the party injured, to be recovered as the damages and costs, subject to the right of appeal of either party. To secure the payment of any judgment, execution may be levied upon the stock committing the trespass; and after ten (10) days' notice the stock may be sold to satisfy the judgment so recovered.
Acts 1897, ch. 91, § 1; Shan., § 2982a1; mod. Code 1932, § 5207; T.C.A. (orig. ed.), § 44-1706; impl. am. Acts 1979, ch. 68, § 2; T.C.A., § 44-9-106.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 8 - FENCES AND CONFINEMENT (§§ 44-8-101 — 44-8-503) › Part 1 - GENERAL PROVISIONS (§§ 44-8-101 — 44-8-114) › Section 44-8-107 - Defense of insufficiency of fence

If it appears that the fence is insufficient, the owner of the animals shall not be liable to make satisfaction for the damages.
Code 1858, § 1685 (deriv. Acts 1807, ch. 8, § 2); Shan., § 2986; Code 1932, § 5208; T.C.A. (orig. ed.), §§ 44-1707, 44-9-107.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 8 - FENCES AND CONFINEMENT (§§ 44-8-101 — 44-8-503) › Part 1 - GENERAL PROVISIONS (§§ 44-8-101 — 44-8-114) › Section 44-8-108 - Injury to animals

If any person, whose fence is adjudged insufficient, maims, wounds, or kills any such animal, or causes or procures it to be done, that person shall make full satisfaction to the person injured for all damages sustained, to be recovered before any tribunal having cognizance thereof.
Code 1858, § 1686 (deriv. Acts 1807, ch. 8, § 3); Shan., § 2987; Code 1932, § 5209; T.C.A. (orig. ed.), §§ 44-1708, 44-9-108.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 8 - FENCES AND CONFINEMENT (§§ 44-8-101 — 44-8-503) › Part 1 - GENERAL PROVISIONS (§§ 44-8-101 — 44-8-114) › Section 44-8-109 - Notoriously mischievous stock to be confined

All persons owning notoriously mischievous stock, known to be in the habit of throwing down or jumping fences, shall be required to keep the stock confined upon their own premises.
Acts 1875, ch. 110, § 1; Shan., § 2988; Code 1932, § 5210; T.C.A. (orig. ed.), §§ 44-1709, 44-9-109.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 8 - FENCES AND CONFINEMENT (§§ 44-8-101 — 44-8-503) › Part 1 - GENERAL PROVISIONS (§§ 44-8-101 — 44-8-114) › Section 44-8-110 - Liability of owners of notoriously mischievous stock

The owners of notoriously mischievous stock shall be liable for all damages done by the stock to enclosure or crops of others.
Acts 1875, ch. 110, § 2; Shan., § 2989; mod. Code 1932, § 5211; T.C.A. (orig. ed.), §§ 44-1710, 44-9-110.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 8 - FENCES AND CONFINEMENT (§§ 44-8-101 — 44-8-503) › Part 1 - GENERAL PROVISIONS (§§ 44-8-101 — 44-8-114) › Section 44-8-111 - Stock liable to execution

(a)
To secure the payment of such damage and costs, executions may be levied upon the stock committing the trespass.
(b)
After ten (10) days' notice, the stock may be sold to pay such amount of damages and costs.
Acts 1875, ch. 110, § 3; Shan., § 2990; Code 1932, § 5212; T.C.A. (orig. ed.), §§ 44-1711, 44-9-111.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 8 - FENCES AND CONFINEMENT (§§ 44-8-101 — 44-8-503) › Part 1 - GENERAL PROVISIONS (§§ 44-8-101 — 44-8-114) › Section 44-8-112 - Pulling and leaving down fence, or opening and leaving open gate, a misdemeanor

Any person who pulls down the fence of another and leaves the same down, without permission of the owner, or opens and leaves open the gate of another, without permission of the owner, commits a Class C misdemeanor.
Acts 1875, ch. 71, § 1; Shan., § 3006; mod. Code 1932, § 5227; T.C.A. (orig. ed.), §§ 44-1726, 44-9-112; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 8 - FENCES AND CONFINEMENT (§§ 44-8-101 — 44-8-503) › Part 2 - PARTITION FENCES (§§ 44-8-201 — 44-8-210) › Section 44-8-201 - Partition fence defined - Joining fences

Partition fences, within the meaning of this part, are fences erected on the line between lands owned by different persons; but no owner of land is compelled to allow a neighbor to join a fence exclusively on that person's own land.
Code 1858, § 1691; Shan., § 2998; Code 1932, § 5213; T.C.A. (orig. ed.), §§ 44-1712, 44-9-201.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 8 - FENCES AND CONFINEMENT (§§ 44-8-101 — 44-8-503) › Part 2 - PARTITION FENCES (§§ 44-8-201 — 44-8-210) › Section 44-8-202 - Fences to be erected and maintained at joint expense

Partition fences may be erected and repaired at the expense, jointly, of the occupants or owners; or if a person makes a fence a partition fence, by joining to it or using it as such, that person shall pay to the person erecting it that person's proportion of the expense.
Code 1858, § 1687; Acts 1875, ch. 64, § 1; Shan., § 2999; Code 1932, § 5214; T.C.A. (orig. ed.), §§ 44-1713, 44-9-202.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 8 - FENCES AND CONFINEMENT (§§ 44-8-101 — 44-8-503) › Part 2 - PARTITION FENCES (§§ 44-8-201 — 44-8-210) › Section 44-8-203 - Damages for failure to maintain fence

If either of the persons having a joint or partition fence refuses or neglects to keep that person's part of the fence in good repair, that person shall be liable for all damages the other may sustain to enclosures or crops, by trespassing stock, in consequence of the refusal or neglect.
Acts 1875, ch. 64, § 1; Shan., § 3000; Code 1932, § 5215; T.C.A. (orig. ed.), §§ 44-1714, 44-9-203.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 8 - FENCES AND CONFINEMENT (§§ 44-8-101 — 44-8-503) › Part 2 - PARTITION FENCES (§§ 44-8-201 — 44-8-210) › Section 44-8-204 - Pay for fence

If the parties cannot agree as to the amount to be paid to the owner erecting or repairing a partition fence as provided in §§
44-8-202
and
44-8-206
, on application by either to a judge of the court of general sessions, the judge shall issue an order to three (3) disinterested freeholders, not related to either of the parties, to examine such fence, and to ascertain the amount to be paid to the owner erecting or repairing it.
Code 1858, § 1688; Shan., § 3002; mod. Code 1932, § 5221; T.C.A. (orig. ed.), § 44-1720; impl. am. Acts 1979, ch. 68, § 2; T.C.A., § 44-9-204.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 8 - FENCES AND CONFINEMENT (§§ 44-8-101 — 44-8-503) › Part 2 - PARTITION FENCES (§§ 44-8-201 — 44-8-210) › Section 44-8-205 - Judgment and execution

The freeholders, first taking an oath before the judge to discharge their duty fairly and impartially, on a day to be by them appointed, of which both parties shall have notice, shall examine the fence, and report to the judge, in writing, the amount to be paid the person erecting it; whereupon, unless the money be paid within ten (10) days thereafter, the judge shall enter up judgment, subject to appeal, and issue execution for the judgment.
Code 1858, § 1689; Shan., § 3003; mod. Code 1932, § 5222; T.C.A. (orig. ed.), § 44-1721; impl. am. Acts 1979, ch. 68, § 2; T.C.A. § 44-9-205.