reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 17 - DOGS AND CATS (§§ 44-17-101 — 44-17-715) › Part 1 - DOG AND CAT DEALERS (§§ 44-17-101 — 44-17-122) › Section 44-17-106 - Annual renewal of dealer's license - Fee

A license, unless sooner suspended or revoked, shall be renewable annually upon filing by the licensee and approval by the commissioner, of an annual report upon such forms and containing such information as the commissioner may prescribe by regulation. The fee for renewal of licenses shall be based upon the following:
(1)
Dealer license fee to sell dogs or cats to research facilities - one hundred and twenty-five dollars ($125);
(2)
Dealer license fee (wholesale) to sell dogs or cats for resale - one hundred and twenty-five dollars ($125);
(3)
Dealer license fee (retail) to buy dogs or cats for resale to be assessed as follows:
(A)
Transactions of up to 50 animals per year - one hundred and twenty-five dollars ($125);
(B)
Transactions of 51 to 150 animals per year - two hundred and fifty dollars ($250);
(C)
Transactions of 151 to 300 animals per year - five hundred dollars ($500);
(D)
Transactions of 301 to 500 animals per year - seven hundred and fifty dollars ($750); and
(E)
Transactions of more than 500 animals per year - one thousand dollars ($1,000); and
(4)
Dealer license fee to transport dogs or cats in commerce - one hundred and twenty-five dollars ($125).
Acts 1967, ch. 332, § 6; T.C.A., § 44-109; Acts 2002, ch. 774, § 2.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 17 - DOGS AND CATS (§§ 44-17-101 — 44-17-715) › Part 1 - DOG AND CAT DEALERS (§§ 44-17-101 — 44-17-122) › Section 44-17-107 - Revocation or suspension of dealer's license - Grounds - Hearing - Appeal

(a)
The license of any dealer may be suspended or revoked by the commissioner for any of the following reasons:
(1)
The incompetence or untrustworthiness of the licensee;
(2)
Willful falsification of any information contained in the application;
(3)
The conviction of the licensee or any responsible officer of the licensee of cruelty to animals or a violation of this part; or
(4)
The nonconformance by the licensee to this part or the rules and regulations of the commissioner.
(b)
If the commissioner has reason to believe that the license of any dealer should be suspended or revoked for any of the above reasons, the commissioner shall give the dealer ten (10) days' written notice of the commissioner's intention to suspend or revoke the license of the dealer and shall give the dealer an opportunity for a hearing on the issue. The dealer may produce evidence to show cause why the license should not be revoked or suspended. If the commissioner determines that conditions exist that warrant the suspension or revocation of the license, the commissioner may suspend the license for such period of time as the commissioner may specify or may revoke it, and where appropriate, may make an order that the dealer cease and desist from continuing any violation found to have been made of this part. If the license is suspended, the dealer may apply, after ninety (90) days, for reinstatement of the license.
(c)
Any dealer aggrieved by a final order of the commissioner issued under this section may, within sixty (60) days after entry of such an order, have the order reviewed upon petition of certiorari in the chancery or circuit court of the county in which the dealer's residence or place of business is located.
Acts 1967, ch. 332, § 7; T.C.A., § 44-110.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 17 - DOGS AND CATS (§§ 44-17-101 — 44-17-715) › Part 1 - DOG AND CAT DEALERS (§§ 44-17-101 — 44-17-122) › Section 44-17-108 - Semi-annual reports to commissioner

Each dealer shall file, on forms and at such times as prescribed by the commissioner, semi-annual reports containing the following information:
(1)
The number of dogs or cats in the possession of the dealer on the date the report is filed;
(2)
The number of dogs and cats purchased during the reporting period and the names and addresses of the persons from whom they were purchased;
(3)
The number of dogs and cats sold during the reporting period and the names and addresses of the persons to whom they were sold; and
(4)
The number of dogs and cats received by the dealer during the reporting period under circumstances other than purchase and the names and addresses of the persons from whom they were obtained.
Acts 1967, ch. 332, § 8; T.C.A., § 44-111.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 17 - DOGS AND CATS (§§ 44-17-101 — 44-17-715) › Part 1 - DOG AND CAT DEALERS (§§ 44-17-101 — 44-17-122) › Section 44-17-109 - Registration of research facilities with commissioner

Every research facility shall register with the commissioner in accordance with such rules and regulations as the commissioner may prescribe.
Acts 1967, ch. 332, § 9; T.C.A., § 44-112.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 17 - DOGS AND CATS (§§ 44-17-101 — 44-17-715) › Part 1 - DOG AND CAT DEALERS (§§ 44-17-101 — 44-17-122) › Section 44-17-110 - Identification of dogs and cats delivered to research facilities

All dogs and cats delivered for transportation, transported, purchased, or sold to research facilities shall be marked or identified in such manner as the commissioner may prescribe.
Acts 1967, ch. 332, § 10; T.C.A., § 44-113.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 17 - DOGS AND CATS (§§ 44-17-101 — 44-17-715) › Part 1 - DOG AND CAT DEALERS (§§ 44-17-101 — 44-17-122) › Section 44-17-111 - Records of research facilities and dealers

Research facilities and dealers shall make and keep such records with respect to their purchase, sale, transportation, and handling of dogs and cats as the commissioner may prescribe.
Acts 1967, ch. 332, § 11; T.C.A., § 44-114.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 17 - DOGS AND CATS (§§ 44-17-101 — 44-17-715) › Part 1 - DOG AND CAT DEALERS (§§ 44-17-101 — 44-17-122) › Section 44-17-112 - Sales of dogs and cats to research facilities - Restrictions

Dogs and cats shall not be offered for sale or sold to a research facility at public auction or by weight. No research facility shall purchase dogs or cats at public auction or by weight, nor shall any research facility purchase dogs or cats except from a licensed dealer, public pound, humane society, or from a person who breeds dogs or cats for sale to a research facility.
Acts 1967, ch. 332, § 12; T.C.A., § 44-115.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 17 - DOGS AND CATS (§§ 44-17-101 — 44-17-715) › Part 1 - DOG AND CAT DEALERS (§§ 44-17-101 — 44-17-122) › Section 44-17-113 - Bills of sale evidencing purchase of dogs or cats by dealers or research facilities

(a)
The purchase of any dog or cat by a dealer or by a research facility shall be evidenced by a bill of sale signed by the seller. The bill of sale shall be in form approved by the commissioner and shall certify that the seller is the lawful owner of the dog or cat and that ownership is transferred to the dealer or research facility. The bill of sale shall make reference to the mark or identification required by §
44-17-110
.
(b)
The bill of sale shall bear the name, telephone number, and address of the seller, and the driver license or social security number of the seller. At the time of sale, the dealer or research facility making the purchase shall verify from the seller the seller's driver license or social security number, whichever is appropriate. The bill of sale shall also contain a description of the dog or cat sold under that bill adequate to identify the animal. A bill of sale containing the same information shall be furnished by a dealer to any person purchasing a dog or cat at a flea market. Nothing in this subsection (b) shall be construed as enlarging the enforcement responsibilities of the commissioner beyond that existing prior to March 17, 1978.
Acts 1967, ch. 332, § 13; 1978, ch. 640, § 3; T.C.A., § 44-116.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 17 - DOGS AND CATS (§§ 44-17-101 — 44-17-715) › Part 1 - DOG AND CAT DEALERS (§§ 44-17-101 — 44-17-122) › Section 44-17-114 - Time dealers must hold dogs and cats after acquisition

No dealer shall sell or otherwise dispose of any dog or cat within a period of five (5) business days after the acquisition of the animal or within such other period as may be specified by the commissioner.
Acts 1967, ch. 332, § 14; T.C.A., § 44-117.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 17 - DOGS AND CATS (§§ 44-17-101 — 44-17-715) › Part 1 - DOG AND CAT DEALERS (§§ 44-17-101 — 44-17-122) › Section 44-17-115 - Authority of commissioner to inspect premises of dealers or research facilities - Inspection of conveyances - Rules and regulations regarding inspection

(a)
The premises of any dealer or research facility shall be made available to the commissioner or the commissioner's representative for inspection at all reasonable times. The commissioner or the commissioner's representative shall make or cause to be made such inspections or investigations of the premises as considered necessary.
(b)
The commissioner or the commissioner's representative, or any legally constituted law enforcement agency, may stop any motor vehicle or other conveyance transporting dogs or cats for inspections as to the humane treatment of animals and compliance with licensing requirements of this part or for investigations in search of lost or stolen animals.
(c)
The commissioner shall issue rules and regulations requiring licensed dealers and research facilities to permit inspection of their animals and records at reasonable hours upon request by legally constituted law enforcement agencies in search of lost animals.
(d)
Nothing in this part shall be construed as authorizing the commissioner to promulgate rules, regulations, or orders governing the handling, care, treatment or inspection of animals during actual research or experimentation by a research facility.
Acts 1967, ch. 332, § 15; T.C.A., § 44-118; Acts 2002, ch. 774, § 3.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 17 - DOGS AND CATS (§§ 44-17-101 — 44-17-715) › Part 1 - DOG AND CAT DEALERS (§§ 44-17-101 — 44-17-122) › Section 44-17-116 - Violations of provisions a misdemeanor

(a)
A person who violates any of the provisions of this part commits a Class C misdemeanor.
(b)
After notice of any violation received from the commissioner, each day of a continuing violation constitutes a separate offense.
Acts 1967, ch. 332, § 16; T.C.A., § 44-119; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 17 - DOGS AND CATS (§§ 44-17-101 — 44-17-715) › Part 1 - DOG AND CAT DEALERS (§§ 44-17-101 — 44-17-122) › Section 44-17-117 - Construction and enforcement of provisions

When construing or enforcing §§
44-17-101
- 44-17-107, the act, omission, or failure of any individual acting for or employed by a dealer or research facility, within the scope of the individual's employment or office, shall be considered to be the act, omission, or failure of the dealer or research facility as well as of the individual.
Acts 1967, ch. 332, § 17; T.C.A., § 44-120.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 17 - DOGS AND CATS (§§ 44-17-101 — 44-17-715) › Part 1 - DOG AND CAT DEALERS (§§ 44-17-101 — 44-17-122) › Section 44-17-118 - Rules and regulations

The commissioner may promulgate such rules and regulations as are reasonably necessary to implement this part.
Acts 1967, ch. 332, § 18; T.C.A., § 44-121; Acts 2002, ch. 774, § 6.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 17 - DOGS AND CATS (§§ 44-17-101 — 44-17-715) › Part 1 - DOG AND CAT DEALERS (§§ 44-17-101 — 44-17-122) › Section 44-17-119 - Supplemental provisions

This part is in addition to and supplementary of title 39, chapter 14, part 2.
Acts 1967, ch. 332, § 19; T.C.A., § 44-122; Acts 1996, ch. 675, § 45.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 17 - DOGS AND CATS (§§ 44-17-101 — 44-17-715) › Part 1 - DOG AND CAT DEALERS (§§ 44-17-101 — 44-17-122) › Section 44-17-120 - Destruction of dog causing death or serious injury to human - Notice to dog's owner

(a)
Any dog that attacks a human and causes death or serious bodily injury may be destroyed upon the order of the judge of the general sessions court of the county wherein the attack occurred. Such orders shall be granted on the petition of the district attorney general for the county. The petition shall name the owner of the dog, and the owner shall be given notice in accordance with Rule 4.01 of the Tennessee Rules of Civil Procedure, that if the owner does not appear before the court within five (5) days of the receipt thereof and show cause why the dog should not be destroyed, then the order shall issue and the dog shall be destroyed.
(b)
Notwithstanding subsection (a), in counties having a population in excess of eight hundred thousand (800,000), or having a metropolitan form of government and a population in excess of one hundred thousand (100,000), according to the 2000 federal census or any subsequent federal census, a municipality or county is authorized to adopt local ordinances authorizing the municipality or the county to appropriately petition in a general sessions court to provide for the disposition of dangerous dogs or dogs causing death or serious bodily injury to humans or other animals.
Amended by 2014 Tenn. Acts, ch. 562,s 1, eff. 7/1/2014.
Acts 1978, ch. 757, § 1; T.C.A., § 44-123; Acts 1999, ch. 85, § 1; 2010, ch. 882, § 1.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 17 - DOGS AND CATS (§§ 44-17-101 — 44-17-715) › Part 1 - DOG AND CAT DEALERS (§§ 44-17-101 — 44-17-122) › Section 44-17-121 - Confiscation of animals

Subject to this part, the commissioner has the authority to confiscate animals as may be necessary to provide for the humane treatment of such animals.
Acts 2002, ch. 774, § 4.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 17 - DOGS AND CATS (§§ 44-17-101 — 44-17-715) › Part 1 - DOG AND CAT DEALERS (§§ 44-17-101 — 44-17-122) › Section 44-17-122 - Cooperation with local and federal authorities

The commissioner may enter into cooperative agreements with local and/or federal agencies for purposes of implementing this part. When implementing the provisions for issuance of dealer licenses, the commissioner shall take into consideration other federal and/or local licensing regulations that may apply, it being the intent of the legislature not to impose duplicative licensing requirements and costs for dealers.
Acts 2002, ch. 774, § 5.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 17 - DOGS AND CATS (§§ 44-17-101 — 44-17-715) › Part 2 - DOGS KILLING LIVESTOCK (§§ 44-17-201 — 44-17-203) › Section 44-17-201 - Owners of dogs are liable for livestock killed

Where any dog shall kill, or in any manner damage, any livestock in this state, the owner or harborer of such dog shall be liable, in an action for damage, to the owner of such livestock.
Acts 1859-1860, ch. 45, § 1; Shan., § 2871; mod. Code 1932, § 5105; Acts 1949, ch. 262, § 1; C. Supp. 1950, § 5105; T.C.A. (orig. ed.), § 44-101.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 17 - DOGS AND CATS (§§ 44-17-101 — 44-17-715) › Part 2 - DOGS KILLING LIVESTOCK (§§ 44-17-201 — 44-17-203) › Section 44-17-202 - Ignorance of dog's habits is no defense

Ignorance of the vicious habits or character of the dog on the part of its owner shall be no defense in actions arising under §
44-17-201
.
Acts 1859-1860, ch. 45, § 2; Shan., § 2872; Code 1932, § 5106; T.C.A. (orig. ed.), § 44-102.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 17 - DOGS AND CATS (§§ 44-17-101 — 44-17-715) › Part 2 - DOGS KILLING LIVESTOCK (§§ 44-17-201 — 44-17-203) › Section 44-17-203 - No damages recoverable for killing or injuring such dog

In an action for damages against a person for killing or injuring a dog, satisfactory proof that the dog had been or was killing or worrying livestock constitutes a good defense to such action.
Acts 1859-1860, ch. 45, § 3; Shan., § 2873; Code 1932, § 5107; Acts 1949, ch. 262, § 1; C. Supp. 1950, § 5107; T.C.A. (orig. ed.), § 44-103.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 17 - DOGS AND CATS (§§ 44-17-101 — 44-17-715) › Part 3 - NON-LIVESTOCK ANIMAL HUMANE DEATH ACT (§§ 44-17-301 — 44-17-305) › Section 44-17-301 - Title

This part shall be known and may be cited as the "Non-livestock Animal Humane Death Act."
Acts 1980, ch. 482, § 1; 2001, ch. 70, § 1.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 17 - DOGS AND CATS (§§ 44-17-101 — 44-17-715) › Part 3 - NON-LIVESTOCK ANIMAL HUMANE DEATH ACT (§§ 44-17-301 — 44-17-305) › Section 44-17-302 - Application

(a)
This part shall be applicable only to public and private agencies, animal shelters and other facilities operated for the collection, care or euthanasia of stray, neglected, abandoned or unwanted non-livestock animals.
(b)
This part shall apply to any licensed veterinarian, Tennessee veterinarian medical technician, employee, volunteer, whether compensated or otherwise, or any other person acting as an agent on behalf of a public or private agency, animal shelter or other facility operated for the collection, care or euthanasia of stray, neglected, abandoned or unwanted non-livestock animals.
Acts 1980, ch. 482, § 2; 2001, ch. 70, § 1; 2008, ch. 639, § 2.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 17 - DOGS AND CATS (§§ 44-17-101 — 44-17-715) › Part 3 - NON-LIVESTOCK ANIMAL HUMANE DEATH ACT (§§ 44-17-301 — 44-17-305) › Section 44-17-304 - Minimum holding time before an animal may be euthanized - Emergency exception

(a)
Before any public or private agency, animal shelter or other facility operated for the collection, care or euthanasia of stray, neglected, abandoned or unwanted non-livestock animals euthanizes a non-livestock animal that the facility knows or should know, by identification or vaccination tags, personal knowledge or otherwise, has an owner, the facility shall be required to hold the animal for at least three (3) full business days from the time it is brought to the facility before the animal may be euthanized.
(b)
Subsection (a) shall not apply where an emergency situation exists that requires the immediate euthanasia of an injured, dangerous or severely diseased non-livestock animal.
(c)
A public or private agency, animal shelter, or other facility that knows or should know that a non-livestock animal has an owner under subsection (a) must make a reasonable effort to locate and notify the animal's owners within forty-eight (48) hours of the time that the public or private agency, animal shelter, or other facility takes custody of the animal or, if the animal is taken into custody on a Friday, within two (2) business days of the date that the public or private agency, animal shelter, or other facility takes custody of the animal.
Amended by 2017 Tenn. Acts, ch. 206,s 3, eff. 4/27/2017.
Acts 2008, ch. 639, § 3.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 17 - DOGS AND CATS (§§ 44-17-101 — 44-17-715) › Part 4 - MISCELLANEOUS PROVISIONS (§§ 44-17-401 — 44-17-404) › Section 44-17-401 - Electronic locating collars

No agency or entity of state or local government shall enact, adopt, promulgate, or enforce any law, ordinance, rule, regulation, or other policy that restricts or prevents the owner of any dog from using an electronic locating collar to protect the dog from loss; except that the fish and wildlife commission may limit the use of electronic locating collars through the promulgation of rules and regulations when required for the proper management of wildlife species.
Acts 1996, ch. 789, § 1; 2012, ch. 993, § 6.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 17 - DOGS AND CATS (§§ 44-17-101 — 44-17-715) › Part 4 - MISCELLANEOUS PROVISIONS (§§ 44-17-401 — 44-17-404) › Section 44-17-402 - Retrieval of hunting dogs from federal property operated by wildlife resources agency

If the owner or a person in control of a dog is hunting with either a firearm or a bow and arrow, and that person's dog strays onto property owned by the federal government and operated by the Tennessee wildlife resources agency, the owner or person may proceed onto the property without the person's firearm or bow and arrow. The person shall not be liable for any criminal sanction related to the pursuit of the dog. However, nothing in this section shall be construed to grant civil immunity to the owner or the person in control of the dog for any personal injury or property damage caused by the dog.
Acts 1996, ch. 789, § 2.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 17 - DOGS AND CATS (§§ 44-17-101 — 44-17-715) › Part 4 - MISCELLANEOUS PROVISIONS (§§ 44-17-401 — 44-17-404) › Section 44-17-403 - Death of pet caused by negligent act of another - Damages

(a)
(1)
If a person's pet is killed or sustains injuries that result in death caused by the unlawful and intentional, or negligent, act of another or the animal of another, the trier of fact may find the individual causing the death or the owner of the animal causing the death liable for up to five thousand dollars ($5,000) in noneconomic damages; provided, that if the death is caused by the negligent act of another, the death or fatal injury must occur on the property of the deceased pet's owner or caretaker, or while under the control and supervision of the deceased pet's owner or caretaker.
(2)
If an unlawful act resulted in the death or permanent disability of a person's guide dog, then the value of the guide dog shall include, but shall not necessarily be limited to, both the cost of the guide dog as well as the cost of any specialized training the guide dog received.
(b)
As used in this section, "pet" means any domesticated dog or cat normally maintained in or near the household of its owner.
(c)
Limits for noneconomic damages set out in subsection (a) shall not apply to causes of action for intentional infliction of emotional distress or any other civil action other than the direct and sole loss of a pet.
(d)
Noneconomic damages awarded pursuant to this section shall be limited to compensation for the loss of the reasonably expected society, companionship, love and affection of the pet.
(e)
This section shall not apply to any not-for-profit entity or governmental agency, or its employees, negligently causing the death of a pet while acting on the behalf of public health or animal welfare; to any killing of a dog that has been or was killing or worrying livestock as in §
44-17-203
; nor shall this section be construed to authorize any award of noneconomic damages in an action for professional negligence against a licensed veterinarian.
Acts 2000, ch. 762, § 1; 2004, ch. 940, § 4; 2004, ch. 957, §§ 5, 6, 7.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 17 - DOGS AND CATS (§§ 44-17-101 — 44-17-715) › Part 4 - MISCELLANEOUS PROVISIONS (§§ 44-17-401 — 44-17-404) › Section 44-17-404 - Recovery for death or injury to guide dogs

If a person's guide dog is killed or sustains injuries that result in death or permanent disability caused by the unlawful and intentional, or negligent, act of another or the animal of another, then the trier of fact may find the individual causing the death or the owner of the animal causing the death liable for economic damages, which shall include, but shall not necessarily be limited to, both the cost of the guide dog as well as the cost of any specialized training the guide dog received.
Acts 2004, ch. 957, § 3.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 17 - DOGS AND CATS (§§ 44-17-101 — 44-17-715) › Part 5 - SPAY/NEUTER LAW (§§ 44-17-501 — 44-17-505) › Section 44-17-501 - Short title

This part shall be known and may be cited as "The Tennessee Spay/Neuter Law."
Acts 2000, ch. 789, § 2.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 17 - DOGS AND CATS (§§ 44-17-101 — 44-17-715) › Part 5 - SPAY/NEUTER LAW (§§ 44-17-501 — 44-17-505) › Section 44-17-502 - Requirement for adoption

(a)
No person shall adopt a dog or cat from an agency, including, but not limited to, an animal shelter, dog pound, animal control agency or humane shelter operated by a municipality, county, or other governmental agency within the state, or a private organization operating a shelter from which animals are adopted or reclaimed, unless:
(1)
The dog or cat has already been spayed or neutered;
(2)
The dog or cat has been spayed or neutered by a licensed veterinarian while in the custody of the agency; or
(3)
The new owner signs a written agreement with the agency stating that the new owner will have the dog or cat spayed or neutered by a licensed veterinarian:
(A)
Within thirty (30) days of the date of the adoption, if such dog or cat is sexually mature; or
(B)
Within thirty (30) days after the dog or cat reaches six (6) months of age, if the dog or cat is not sexually mature at the time of the adoption.
(b)
Nothing in this section shall preclude the spaying or neutering of a sexually immature dog or cat at the discretion of a licensed veterinarian with the consent of the new owner.
Acts 2000, ch. 789, § 3.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 17 - DOGS AND CATS (§§ 44-17-101 — 44-17-715) › Part 5 - SPAY/NEUTER LAW (§§ 44-17-501 — 44-17-505) › Section 44-17-503 - Deposit - Forfeiture of deposit - Use of forfeited deposits

(a)
If the dog or cat being adopted has not been spayed or neutered, the agency shall require a deposit of not less than twenty-five dollars ($25.00) from the new owner prior to the adoption in order to ensure that the dog or cat is spayed or neutered. The new owner may request and shall receive a refund of the deposit from the agency upon providing confirmation of the spaying or neutering.
(b)
(1)
If the new owner fails to have the dog or cat spayed or neutered within the time frame established by §
44-17-502
, or if the spaying or neutering is timely performed, but the new owner fails to request the return of the deposit within an additional ten (10) days after the date by which the spaying or neutering is required to be performed, the deposit shall be forfeited to the agency holding the deposit and shall be used by the agency to conduct programs to spay or neuter dogs and cats in the community where the agency is located.
(2)
The forfeited deposit may also be used to defray operational expenses of the programs, including, but not limited to, costs for purchasing food, medications, tests, upgrades for the animal housing areas, or any other supplies or products which would improve the quality of life for dogs or cats in such programs.
(3)
No forfeited deposit may be used to pay salaries of persons employed by any agency located within the county.
(4)
Before the forfeited deposits may be used by an agency for the purposes set out in this subsection (b), the agency shall maintain a minimum balance in the forfeited deposit fund of no less than the total amount of unclaimed deposits collected during the previous six-month period.
Amended by 2018 Tenn. Acts, ch. 635,s 1, eff. 7/1/2018.
Acts 2000, ch. 789, § 4; 2010, ch. 615, § 1; 2012, ch. 513, § 1.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 17 - DOGS AND CATS (§§ 44-17-101 — 44-17-715) › Part 5 - SPAY/NEUTER LAW (§§ 44-17-501 — 44-17-505) › Section 44-17-504 - Petition for compliance

If a person fails to comply with this part, the agency may file a petition with a court of competent jurisdiction seeking compliance and/or requesting return of the dog or cat to the agency from which it was adopted.
Acts 2000, ch. 789, § 5.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 17 - DOGS AND CATS (§§ 44-17-101 — 44-17-715) › Part 5 - SPAY/NEUTER LAW (§§ 44-17-501 — 44-17-505) › Section 44-17-505 - Dogs or cats claimed by owner

Nothing in this part shall be construed to authorize an agency to spay or neuter a dog or cat, if the dog or cat is being claimed by and returned to its lawful owner within seven (7) days of the dog or cat being taken into custody by the agency.
Acts 2000, ch. 789, § 6.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 17 - DOGS AND CATS (§§ 44-17-101 — 44-17-715) › Part 6 - CHEMICAL CAPTURE (§ 44-17-601) › Section 44-17-601 - "Chemical capture" defined - Authorized drugs - Administration of drugs

(a)
As used in this part, unless the context otherwise requires, "chemical capture" means the capture of a dog or cat by means of sedation using approved drugs as provided in this part and appropriate drug administering equipment.
(b)
Chemical capture by certified animal chemical capture technicians shall only be effected by use of Telazol or such other drugs as may be determined by the board of veterinary medical examiners.
(c)
Drugs used for chemical capture shall only be administered by a licensed veterinarian, a licensed veterinary technician employed by and functioning under the direct supervision of a licensed veterinarian, or such other individuals qualified as certified animal chemical capture technicians as determined by the board of veterinary medical examiners pursuant to §
63-12-144
.
(d)
With respect to certified animal chemical capture technicians, chemical capture shall be effected only in accordance with a written protocol and only when all other methods of capture have failed.
Acts 2008, ch. 805, § 1.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 18 - FEEDLOTS, DAIRY FARMS AND POULTRY PRODUCTION HOUSES (§§ 44-18-101 — 44-18-104) › Section 44-18-102 - Nuisance action or proceeding against feedlot, dairy farm or poultry production house

(a)
In any nuisance action or proceeding against a feedlot, dairy farm, or poultry production house brought by or on behalf of a person whose date of ownership of realty is subsequent to the established date of operation of the feedlot, dairy farm or poultry production house, proof of compliance with §§
44-18-103
and
44-18-104
shall be an absolute defense; provided, that the conditions or circumstances alleged to constitute a nuisance are subject to regulatory jurisdiction in accordance with §
44-18-103
or §
44-18-104
.
(b)
In any nuisance action or proceeding against a feedlot, dairy farm or poultry production house brought by or on behalf of a person whose date of ownership of realty precedes the established date of operation of the feedlot, dairy farm or poultry production house, but whose actual or proposed use of the realty for residential or commercial purposes is subsequent to the established date of operation of the feedlot, dairy farm or poultry production house, proof of compliance with §§
44-18-103
and
44-18-104
shall be an absolute defense; provided, that the conditions or circumstances alleged to constitute a nuisance are subject to regulatory jurisdiction in accordance with §
44-18-103
or §
44-18-104
.
(c)
The normal noises and appearance of the animals or fowls, the noises in the operation of the equipment or the appearance of the equipment, the odors normally associated with any feedlot, dairy farm or poultry production house, the appearance of a feedlot, dairy farm or poultry production house, or litter and/or manure additive that is designed to bind soluble phosphorous in conformity with the Tennessee Natural Resources Conservation Service (NRCS) interim conservation practice standard if used by any feedlot, dairy farm or poultry production house, shall not constitute grounds for any nuisance action or proceeding against a feedlot, dairy farm or poultry production house brought by or on behalf of a person whose date of ownership of realty is subsequent to the established date of operation of the feedlot, dairy farm or poultry production house.
Acts 1979, ch. 138, § 2; T.C.A., § 53-6702; Acts 2002, ch. 635, §§ 2, 3.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 18 - FEEDLOTS, DAIRY FARMS AND POULTRY PRODUCTION HOUSES (§§ 44-18-101 — 44-18-104) › Section 44-18-103 - Applicability of rules of department

(a)
This section shall apply to the department's rules except for rules required for delegation of the national pollutant discharge elimination system permit program pursuant to the Federal Water Pollution Control Act, Section 402, Public Law 92-500,
33 U.S.C. 1342
, as amended.
(b)
The applicability of rules of the department, other than those issued under the Tennessee Air Quality Act, compiled in title 68, chapter 201, part 1, shall be as follows:
(1)
A rule of the department in effect before April 12, 1979, shall apply to a feedlot, dairy farm or poultry production house with an established date of operation prior to April 12, 1979;
(2)
A rule of the department shall apply to a feedlot, dairy farm or poultry production house with an established date of operation subsequent to the effective date of the rule;
(3)
A rule of the department adopted after April 12, 1979, shall not apply to a feedlot, dairy farm or poultry production house holding any department permit and having an established date of operation prior to the effective date of the rule; and
(4)
A rule of the department adopted after April 12, 1979, shall not apply to a feedlot, dairy farm or poultry production house not previously required to hold a department permit and having an established date of operation prior to the effective date of the rule.
(c)
The applicability of rules promulgated under the "Tennessee Air Quality Act," compiled in title 68, chapter 201, part 1, shall be as follows:
(1)
A rule of the department or the air pollution control board in effect on April 12, 1979, shall apply to a feedlot, dairy farm or poultry production house with an established date of operation prior to April 12, 1979;
(2)
A rule of the department or the air pollution control board shall apply to a feedlot, dairy farm or poultry production house with an established date of operation subsequent to the effective date of the rule; and
(3)
A rule of the department or the air pollution control board pertaining to a feedlot, dairy farm or poultry production house adopted after April 12, 1979, shall not apply to any feedlot, dairy farm or poultry production house having an established date of operation prior to the effective date of the rule.
Acts 1979, ch. 138, § 3; T.C.A., § 53-6703; Acts 1992, ch. 693, § 1; 2002, ch. 635, § 2.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 18 - FEEDLOTS, DAIRY FARMS AND POULTRY PRODUCTION HOUSES (§§ 44-18-101 — 44-18-104) › Section 44-18-104 - Applicability of zoning requirements and regulations

(a)
The applicability of zoning requirements is as follows:
(1)
A zoning requirement shall apply to a feedlot, dairy farm or poultry production house with an established date of operation subsequent to the effective date of the zoning requirements;
(2)
A zoning requirement shall not apply to a feedlot, dairy farm or poultry production house with an established date of operation prior to the effective date of the zoning requirement;
(3)
A zoning requirement that is in effect on April 12, 1979, shall apply to a feedlot, dairy farm or poultry production house with an established date of operation prior to April 12, 1979; and
(4)
A zoning requirement adopted by a city shall not apply to a feedlot, dairy farm or poultry production house that becomes located within an incorporated or unincorporated area subject to regulation by that city by virtue of an incorporation or annexation that takes effect after April 12, 1979.
(b)
A person shall comply with this section as a matter of law where no zoning requirement exists.
(c)
The applicability of regulations shall be as follows:
(1)
A regulation shall apply to a feedlot, dairy farm or poultry production house with an established date of operation subsequent to the effective date of such regulation;
(2)
A regulation shall not apply to a feedlot, dairy farm or poultry production house with an established date of operation prior to the effective date of the regulation;
(3)
A regulation that is in effect on April 12, 1979, shall apply to a feedlot, dairy farm or poultry production house with an established date of operation prior to April 12, 1979; and
(4)
A regulation adopted by a city shall not apply to a feedlot, dairy farm or poultry production house that becomes located within an incorporated or unincorporated area subject to regulation by such city by virtue of an incorporation or annexation that takes effect after April 12, 1979.
(d)
A person shall comply with this section as a matter of law where no regulation exists.
Acts 1979, ch. 138, § 4; T.C.A., § 53-6704; Acts 2002, ch. 635, § 2.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 19 - DAIRY INDUSTRY PROMOTION ACT (§§ 44-19-101 — 44-19-122) › Section 44-19-101 - Short title

This chapter shall be known and may be cited as the "Dairy Industry Promotion Act."
Acts 1984, ch. 948, § 1.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 19 - DAIRY INDUSTRY PROMOTION ACT (§§ 44-19-101 — 44-19-122) › Section 44-19-102 - Legislative declaration

It is declared that the general assembly finds that it is in the interest of the public welfare that Tennessee farmers who are producers of milk and milk products be permitted and encouraged to act jointly and in cooperation with other producers, handlers, dealers and processors of milk products in promoting and stimulating, by advertising, research, nutrition education and other methods, the increased consumption, use and sale of all domestic milk and milk products without identification by brand or trade name.
Acts 1984, ch. 948, § 2.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 19 - DAIRY INDUSTRY PROMOTION ACT (§§ 44-19-101 — 44-19-122) › Section 44-19-103 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Commissioner" means the commissioner of agriculture;
(2)
"Department" means the department of agriculture;
(3)
"Handler" or "dealer" means any person, including any distributor, processor, bulk handler, or operator of a store, who purchases or receives on consignment or otherwise, milk or milk products of every kind and description, within the state, for sale, shipment, storage, processing or manufacture;
(4)
"Milk" means milk from cows and all of its natural components, sweet cream, sour cream, skim milk, flavored milk, buttermilk, condensed or concentrated, whole, low fat, or skim milk for use in milk products of every kind and description;
(5)
"Person" means any individual, corporation, partnership, association, cooperative or other business entity;
(6)
"Processor" means any person engaged in the business of processing milk and other materials into milk products of every kind and description;
(7)
"Producer" means every person in the state of Tennessee who produces milk or cream from cows and thereafter causes the same to be marketed as milk, cream or other milk and dairy products who has been issued and possesses a valid current producer's permit or certification, issued by the department;
(8)
"Purchaser" means any handler, dealer or processor who purchases or receives milk and milk products from producers on a commercial basis;
(9)
"Referendum" means any voting procedure under which affected producers may, by secret ballot, vote for or against an assessment authorized by this chapter;
(10)
"Tennessee dairy promotion committee" means a statewide committee appointed by the commissioner established pursuant to this chapter; and
(11)
"Vote" means to cast a ballot in a referendum.
Acts 1984, ch. 948, § 3.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 19 - DAIRY INDUSTRY PROMOTION ACT (§§ 44-19-101 — 44-19-122) › Section 44-19-104 - Actions not illegal or in restraint of trade

No association, meeting or activity undertaken pursuant to this chapter and intended to benefit all of the producers, handlers and processors of milk products shall be illegal or in restraint of trade.
Acts 1984, ch. 948, § 4.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 19 - DAIRY INDUSTRY PROMOTION ACT (§§ 44-19-101 — 44-19-122) › Section 44-19-105 - Referendum on assessment authorized

Producers of milk and milk products on a commercial basis may, by referendum of producers held in accordance with this chapter, levy upon themselves an assessment on milk products for the purpose of financing or contributing to the financing of a program of promoting, advertising, researching and other methods designed to increase the consumption, use and sale of domestic milk and milk products.
Acts 1984, ch. 948, § 5.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 19 - DAIRY INDUSTRY PROMOTION ACT (§§ 44-19-101 — 44-19-122) › Section 44-19-106 - Petition for assessment

Whenever the commissioner has received a petition signed by fifteen percent (15%) of the producers of milk in the state of Tennessee, the commissioner shall publish the filing of the petition through the medium of the public press in the state within fifteen (15) days of the receipt thereof. The petition shall include, but not be limited to, the following:
(1)
Date;
(2)
Amount of assessment sought, subject to the limits set forth in this chapter, and any change in assessment sought or the termination of an existing assessment;
(3)
The date when, if approved, the assessment, change in assessment or termination of an existing assessment will take effect; and
(4)
A statement that the persons signing the petition are producers in Tennessee holding a valid producer permit or certification issued by the department.
Acts 1984, ch. 948, § 6.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 19 - DAIRY INDUSTRY PROMOTION ACT (§§ 44-19-101 — 44-19-122) › Section 44-19-107 - Consideration and certification of petition

Upon the filing with the commissioner of a petition for referendum, the commissioner shall, within fifteen (15) days thereafter, convene the Tennessee dairy promotion committee, established by §
44-19-114
, to consider the petition; and if upon such consideration the committee finds the petition for referendum to meet the requirements of this chapter, then, and in such an event, it shall be the duty of the commissioner to certify the petition for referendum as provided in this chapter.
Acts 1984, ch. 948, § 7.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 19 - DAIRY INDUSTRY PROMOTION ACT (§§ 44-19-101 — 44-19-122) › Section 44-19-108 - Filing of petition - Effect of referendum

The commissioner shall, within sixty (60) days after the filing of a petition for referendum, and subject to a finding by the Tennessee dairy promotion committee that the petition is properly filed, determine by referendum whether the producers assent to the proposed assessment, change in assessment or termination of an existing assessment. The producers shall be deemed to have assented to the assessment, change in assessment or termination of an existing assessment if a simple majority of those voting assent to the assessment, change in assessment or termination of an existing assessment by affirmative vote.
Acts 1984, ch. 948, § 8.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 19 - DAIRY INDUSTRY PROMOTION ACT (§§ 44-19-101 — 44-19-122) › Section 44-19-109 - Conducting of referendum - Voting - Qualifications

(a)
Any referendum conducted under this chapter shall be held on a statewide basis.
(b)
Persons eligible to participate in the referendum shall include all producers engaged in the production of milk products on a commercial basis, who have been issued and possess a valid current producer's permit, or certification, issued by the department.
(c)
In the referendum, individuals so eligible for participation shall have one (1) vote per permit or certificate.
Acts 1984, ch. 948, § 9.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 19 - DAIRY INDUSTRY PROMOTION ACT (§§ 44-19-101 — 44-19-122) › Section 44-19-110 - Supervision and cost of referendum

The manner, conduct, and management of any referendum held under this chapter shall be under the supervision and direction of the commissioner. The expense of the referendum shall be paid by the department if there is no assessment currently in effect; otherwise, the Tennessee dairy promotion committee shall bear the cost of the referendum as part of its regular budget.
Acts 1984, ch. 948, § 10.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 19 - DAIRY INDUSTRY PROMOTION ACT (§§ 44-19-101 — 44-19-122) › Section 44-19-111 - Notice of referendum and assessment - Ballots

With respect to any referendum conducted under this chapter, the commissioner shall, before calling and announcing such referendum, give notice of the effective date of the assessment, if adopted, and the amount and basis of the assessment proposed to be collected; provided, that no assessment levied under this chapter shall exceed ten cents (10¢) per hundred weight. Voting in the referendum shall be by mail ballots returned to an address determined and announced by the commissioner who shall mail a ballot to all qualified producers eligible to vote in the referendum.
Acts 1984, ch. 948, § 11.
2023 Tennessee Code › Title 44 - ANIMALS AND ANIMAL HUSBANDRY (§§ 44-2-101 — 44-21-104) › Chapter 19 - DAIRY INDUSTRY PROMOTION ACT (§§ 44-19-101 — 44-19-122) › Section 44-19-112 - Distribution of ballots - Declaration of results

The commissioner shall prepare and distribute to all eligible voters, by mail, in advance of the referendum, all necessary ballots for the purpose thereof; and following the referendum and within ten (10) days following the return date for such ballots, the commissioner shall canvass and publicly declare the result of the referendum.
Acts 1984, ch. 948, § 12.