reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 32 - COMMODITY WAREHOUSES, DEALERS AND PRODUCERS (§§ 43-32-101 — 43-32-213) › Part 1 - COMMODITY DEALER AND WAREHOUSE LAW (§§ 43-32-101 — 43-32-110) › Section 43-32-107 - Inspections - License suspension or revocation

(a)
The department shall examine or inspect each licensed commodity dealer or warehouseman at least once each calendar year. The department may inspect the premises used by any commodity dealer or warehouseman in the conduct of business at any time, and the books, accounts, records and papers of every licensed commodity dealer or warehouseman shall at all times during business hours be subject to inspection by the department. Each commodity dealer or warehouseman may also be required to make such reports of activities, obligations, and transactions as deemed necessary by the department to protect the producer as set forth in the rules and regulations.
(b)
If a commodity dealer or warehouseman violates any of the provisions of this chapter, that person's license and certificate of license may be removed from that person's premises by any department employee charged with the enforcement of this chapter and returned to the department. This removal shall constitute a suspension of the license, and the licensee may request a hearing before the commissioner within ten (10) days in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
(c)
If the department finds that a commodity dealer is licensed as a commodities warehouse under the United States Warehouse Act and does not satisfy the requirements of part 2 of this chapter, the commissioner shall suspend or revoke the dealer's license until such time as the commodities warehouse complies with the Tennessee Commodity Producer Indemnity Act, compiled in part 2 of this chapter.
(d)
If any court of competent jurisdiction issues any order restraining, overturning or modifying any order of the department that suspends or revokes a commodity dealer's or warehouseman's license, the department, its officers, employees and agents shall be held harmless from any liabilities or financial obligations arising out of the operations of the commodity dealer or warehouseman while operating under the court order.
Acts 1989, ch. 232, § 7; 1997, ch. 387, § 20.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 32 - COMMODITY WAREHOUSES, DEALERS AND PRODUCERS (§§ 43-32-101 — 43-32-213) › Part 1 - COMMODITY DEALER AND WAREHOUSE LAW (§§ 43-32-101 — 43-32-110) › Section 43-32-110 - Use of price later contracts - Rules and regulations

The commissioner may regulate the use of price later contracts by the promulgation of any rule or regulation the commissioner may deem necessary.
Acts 1989, ch. 232, § 10.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 32 - COMMODITY WAREHOUSES, DEALERS AND PRODUCERS (§§ 43-32-101 — 43-32-213) › Part 2 - COMMODITY PRODUCER INDEMNITY LAW (§§ 43-32-201 — 43-32-213) › Section 43-32-201 - Short title

This part shall be known and may be cited as the "Tennessee Commodity Producer Indemnity Law."
Acts 1989, ch. 232, § 11.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 32 - COMMODITY WAREHOUSES, DEALERS AND PRODUCERS (§§ 43-32-101 — 43-32-213) › Part 2 - COMMODITY PRODUCER INDEMNITY LAW (§§ 43-32-201 — 43-32-213) › Section 43-32-202 - Purpose - Tennessee grain indemnity fund

It is the purpose of this part to promote the state's welfare by improving the economic stability of agriculture. It is declared to be in the public interest and highly advantageous to the agricultural economy of the state that producers of grain be permitted, by referendum, to levy upon themselves an assessment of one cent (1¢) per bushel on soybeans and one-half cent (1/2¢) per bushel on all other grain, and provide for the collection of the assessment for the purpose of financing or contributing to the financing of the Tennessee grain indemnity fund, which is created as a separate fund within the department of agriculture to protect commodity producers in the event of the financial failure of a commodity dealer or warehouseman, and to ensure the existence of adequate funds so the commodity producers and claimants may be compensated for losses occasioned by the failure of a commodity dealer or warehouseman.
Acts 1989, ch. 232, § 11; 1997 , ch. 387, § 2.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 32 - COMMODITY WAREHOUSES, DEALERS AND PRODUCERS (§§ 43-32-101 — 43-32-213) › Part 2 - COMMODITY PRODUCER INDEMNITY LAW (§§ 43-32-201 — 43-32-213) › Section 43-32-203 - Referendum of producers - Procedure

(a)
Any qualified producer organization may make application to the commissioner requesting a referendum of producers on forms prescribed by the commissioner for the purpose of determining whether an assessment of the amount specified in §
43-32-202
can be levied, collected and disbursed under this part.
(b)
Within thirty (30) days of receipt of an application requesting a referendum, the commissioner shall make a determination of whether or not the petitioner is a qualified producer organization and, upon this determination, shall set a date for the referendum, which shall not be more than sixty (60) days after receipt of the application, and shall publish by any reasonable means, the date of the referendum, the polling places and the hours they will be open, the amount of the proposed assessment, and the date the assessment shall begin, if adopted.
(c)
(1)
Any referendum held under this part shall be conducted statewide, under the control and direction of the commissioner. The polling place in each county shall be the offices of the University of Tennessee agriculture extension service. All ballots shall be provided at the polling place. All voting shall be by secret ballot.
(2)
(A)
Each person seeking to vote in the referendum shall be required to file an affidavit stating that the person is a producer as defined in this chapter. Upon signing an affidavit, that person shall be eligible to vote. The question to be decided in the referendum shall be in the following form:
Shall the producers of ______________ assess themselves at the rate of ____________________ cents per ____________________ of ____________________ sold, and use the funds so collected by the department of agriculture solely to finance the Tennessee grain indemnity fund in order to protect commodity producers in the event of the financial failure of a commodity dealer or warehouseman?
(B)
The affirmative vote of the majority of the number of votes cast adopts the proposed assessment.
(3)
Within ten (10) days after the referendum, the commissioner shall canvass the votes and publicly announce the result of the referendum.
Acts 1989, ch. 232, § 12; 1997 , ch. 387, § 3.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 32 - COMMODITY WAREHOUSES, DEALERS AND PRODUCERS (§§ 43-32-101 — 43-32-213) › Part 2 - COMMODITY PRODUCER INDEMNITY LAW (§§ 43-32-201 — 43-32-213) › Section 43-32-205 - Applicability - Department powers

(a)
Every commodity dealer or warehouseman required to be licensed by the department, except for commodity dealers who are incidental grain dealers, unsecured, shall be subject to this part.
(b)
The department shall be empowered to enter into a cooperative agreement with any commodity warehouse licensed under the United States Warehouse Act or with any federal agency to accomplish the purposes of this part.
Acts 1989, ch. 232, § 14; 2011, ch. 69, § 1.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 32 - COMMODITY WAREHOUSES, DEALERS AND PRODUCERS (§§ 43-32-101 — 43-32-213) › Part 2 - COMMODITY PRODUCER INDEMNITY LAW (§§ 43-32-201 — 43-32-213) › Section 43-32-207 - Assessment - Suspension - Reinstatement

(a)
The assessment shall continue on grain until the Tennessee grain indemnity fund is more than three million dollars ($3,000,000). If and when the fund is more than three million dollars ($3,000,000), the commissioner shall temporarily suspend the assessment. At such time the amount in the fund drops below three million dollars ($3,000,000), the commissioner may reinstitute the assessment; however, the assessment shall not exceed the assessment rate established by this chapter. Adjustments to the assessment can be made only once annually. At such time the fund has utilized funds from the revenue fluctuation reserve fund in accordance with §
43-32-209
, and if, in the opinion of the commissioner, the assessment will not pay the state back, the commissioner may institute a mandatory assessment. This mandatory assessment shall be in effect only for as long as it takes to repay the revenue fluctuation reserve fund, and shall not be applicable to producers who were ineligible to receive benefits from the Tennessee grain indemnity fund at the time of the claim that resulted in the obligation to the revenue fluctuation reserve fund.
(b)
Notwithstanding any other provisions of this part, any assessment initiated after July 1, 2011, shall continue until the balance of the fund is ten million dollars ($10,000,000), at which time the assessment shall be temporarily suspended. Assessments thereafter shall be reinstated when the fund balance is less than eight million dollars ($8,000,000).
Acts 1989, ch. 232, § 16; 2011, ch. 69, § 3.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 32 - COMMODITY WAREHOUSES, DEALERS AND PRODUCERS (§§ 43-32-101 — 43-32-213) › Part 2 - COMMODITY PRODUCER INDEMNITY LAW (§§ 43-32-201 — 43-32-213) › Section 43-32-208 - Assessments - Collection - Fund management

All assessments collected by the department pursuant to this part shall be in a separate fund and shall be used solely to carry out the purposes of this chapter. These funds may be invested and reinvested at the discretion of the state treasurer, and the interest from these investments shall be deposited to the credit of the fund and shall be available for the same purposes as all other money deposited in the Tennessee grain indemnity fund. The moneys in the Tennessee grain indemnity fund shall not be available for any purpose other than the payment of claims and for the administration of this chapter.
Acts 1989, ch. 232, § 17; 1997, ch. 387, § 11.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 32 - COMMODITY WAREHOUSES, DEALERS AND PRODUCERS (§§ 43-32-101 — 43-32-213) › Part 2 - COMMODITY PRODUCER INDEMNITY LAW (§§ 43-32-201 — 43-32-213) › Section 43-32-209 - Access to reserve funds

In the event that the amount in the Tennessee grain indemnity fund is insufficient to pay the approved claims from that fund, the commissioner of agriculture, with the approval of the commissioner of finance and administration and the appropriate standing committees of the general assembly, shall have access to the revenue fluctuation reserve fund for an amount sufficient to satisfy the unpaid claims. This access shall not exceed a maximum amount of one million five hundred thousand dollars ($1,500,000). The state shall be reimbursed, with interest, at the rate paid on ninety-day United States treasury bills, for any amounts paid under this section upon replenishment of the fund from the assessments on the appropriate commodity made pursuant to this part.
Acts 1989, ch. 232, § 18; 1997, ch. 387, § 12.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 32 - COMMODITY WAREHOUSES, DEALERS AND PRODUCERS (§§ 43-32-101 — 43-32-213) › Part 2 - COMMODITY PRODUCER INDEMNITY LAW (§§ 43-32-201 — 43-32-213) › Section 43-32-210 - Compensation of claimants

(a)
Within ninety (90) days of the commissioner's approval of a valid claim, the department shall, in accordance with this section, compensate from the Tennessee grain indemnity fund any claimant who has incurred a financial loss due to a failure of a commodity dealer or warehouseman.
(1)
Any claimant who has incurred a financial loss due to a failure of a commodity dealer shall be entitled to be compensated for eighty-five percent (85%) of a valid claim, to a maximum of one hundred thousand dollars ($100,000), with moneys from the Tennessee grain indemnity fund. To the maximum extent that funds are or may be made available for such purpose, the remaining balance of the claims shall be paid by the department from the assets and other security of the failed dealer.
(2)
Any claimant who has incurred a financial loss due to the failure of a warehouseman and who has surrendered a warehouse receipt for payment or holds a warehouse receipt and cannot receive value shall be compensated for one hundred percent (100%) of the claim.
(b)
To the extent that the balance of the grain indemnity fund increases as a result of §
43-32-207(b)
, the maximum amount per claimant set forth in subsection (a) shall be adjusted proportionately, so that the maximum amount per claimant shall be maintained at three and one-third percent (31/3%) of the balance of the grain indemnity fund at the time of a failure of a commodity dealer.
Acts 1989, ch. 232, § 19; 1997 , ch. 387, § 13; 2011 , ch. 69, § 4.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 32 - COMMODITY WAREHOUSES, DEALERS AND PRODUCERS (§§ 43-32-101 — 43-32-213) › Part 2 - COMMODITY PRODUCER INDEMNITY LAW (§§ 43-32-201 — 43-32-213) › Section 43-32-211 - Commission - Duties

The commissioner, upon determining that a commodity dealer or warehouseman has defaulted payment or failed, has the duty under this part, in addition to any other duties granted to the commissioner by law, to:
(1)
Request the transfer of moneys from the Tennessee grain indemnity fund when necessary for the purpose of compensating claimants in accordance with §
43-32-210
;
(2)
Hold in trust any assets of a failed commodity dealer or warehouseman for the purposes of repayment of the Tennessee grain indemnity fund moneys used to pay claimants; any repayment to the appropriate indemnity fund shall not exceed the principal amount paid to claimants; and
(3)
In the event that the amount in the Tennessee grain indemnity fund is insufficient to pay all valid claims in accordance with §
43-32-210
, pay valid claims based on a pro rata share of available funds.
Acts 1989, ch. 232, § 20; 1997, ch. 387, § 14.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 32 - COMMODITY WAREHOUSES, DEALERS AND PRODUCERS (§§ 43-32-101 — 43-32-213) › Part 2 - COMMODITY PRODUCER INDEMNITY LAW (§§ 43-32-201 — 43-32-213) › Section 43-32-212 - Department of agriculture - Duties

The department has the duty under this chapter to:
(1)
Collect and deposit all fees and assessments authorized under this part into the Tennessee grain indemnity fund for investment by the fund;
(2)
Transfer, at the discretion of the commissioner, any moneys from the department to the Tennessee grain indemnity fund for investment;
(3)
Subrogate all the rights of the claimant. The claimant shall assign all rights, title and interest in any judgment to the department;
(4)
Initiate any action it may deem necessary to compel the commodity dealer or warehouseman against whom an awarded claim arose to repay the Tennessee grain indemnity fund; and
(5)
Initiate any action it may deem necessary to compel the claimant whose claim arose due to a failure to participate in any legal proceeding in relation to that claim.
Acts 1989, ch. 232, § 21; 1997, ch. 387, § 15.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 32 - COMMODITY WAREHOUSES, DEALERS AND PRODUCERS (§§ 43-32-101 — 43-32-213) › Part 2 - COMMODITY PRODUCER INDEMNITY LAW (§§ 43-32-201 — 43-32-213) › Section 43-32-213 - Rules

In accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, the commissioner shall promulgate such rules as may be necessary to effectively and efficiently administer and enforce this chapter.
Acts 1989, ch. 232, § 22.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 33 - AQUACULTURE (§§ 43-33-101 — 43-33-126) › Section 43-33-126 - Fish farming - Hybrid striped bass

(a)
Notwithstanding any other provision of law or proclamation to the contrary, any person, firm or corporation engaged in the business of fish farming may raise to maturity hybrid striped bass for the specific purpose of making the hybrid striped bass available for purchase by wholesalers, restaurants and members of the public. The person, firm or corporation shall comply with the applicable rules of the Tennessee fish and wildlife commission.
(b)
For the purposes of this section, "fish farming" means the rearing of artificially propagated, nonbait fish for the specific and bona fide purpose of making the fish available to persons wishing to procure the fish by purchase.
Acts 1991, ch. 481, §2; 2012 , ch. 993, § 5.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 34 - AGRICULTURAL DISTRICT AND FARMLAND PRESERVATION ACT (§§ 43-34-101 — 43-34-108) › Section 43-34-101 - Short title

This chapter shall be known and may be cited as the "Agricultural District and Farmland Preservation Act of 1995."
Acts 1995, ch. 465, § 2.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 34 - AGRICULTURAL DISTRICT AND FARMLAND PRESERVATION ACT (§§ 43-34-101 — 43-34-108) › Section 43-34-102 - Purpose and policy

It is the intent and purpose of the state to encourage the conservation, protection, and responsible utilization of lands that are managed for purposes of agricultural production. It is recognized that these lands are finite, fragile, and valuable resources that contribute economically and socially to the well being of the state. It is also recognized that these lands are subject to change and conversion from agricultural production as a result of urban expansion, and similar land development measures. It is the policy of the state to provide a process for the recognition of lands dedicated to agricultural production and to assure an accurate understanding of the impacts of public policy decisions that might otherwise alter the capability of those lands to remain in agricultural production.
Acts 1995, ch. 465, § 3.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 34 - AGRICULTURAL DISTRICT AND FARMLAND PRESERVATION ACT (§§ 43-34-101 — 43-34-108) › Section 43-34-103 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Agricultural district" means those properties residing within a contiguous boundary and meeting appropriate criteria for designation as such by the local soil and water conservation district;
(2)
"Agricultural production" means those operations including associated land and facility management activities engaged in the commercial propagation, raising, harvesting and/or processing of any plant or animal or products thereof for purposes of consumption, utilization, goods, or service either on-site or for distribution;
(3)
"Board of supervisors" means the governing body of the local soil and water conservation district;
(4)
"Farmland" means land and associated facilities involved in agricultural production activities;
(5)
"Ownership" means any individual, family, company, corporation, or organization holding title to property within a proposed or established agricultural district;
(6)
"Petition" means the application and application process for designation of an agricultural district as submitted to the local soil and water conservation district;
(7)
"Soil and water conservation district" means that governmental body established by chapter 14, part 2, of this title; and
(8)
"Tennessee soil and water conservation commission" means that governmental body established by chapter 14, part 2, of this title.
Amended by 2021 Tenn. Acts, ch. 203, Secs.s7, s8, s9 eff. 4/22/2021.
Acts 1995, ch. 465, § 4.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 34 - AGRICULTURAL DISTRICT AND FARMLAND PRESERVATION ACT (§§ 43-34-101 — 43-34-108) › Section 43-34-104 - Requirements of an agricultural district - Petition process

(a)
To qualify for designation as an agricultural district, a district shall initially contain at least two hundred fifty (250) contiguous acres and may include any number of individual property ownerships; however, no single ownership shall contain less than fifteen (15) acres. This chapter shall not alter the eligibility requirements or any other provision of the Agricultural, Forest and Open Space Land Act, compiled in title 67, chapter 5, part 10.
(b)
Agricultural districts can only include ownerships engaged in agricultural production.
(c)
Landowners must submit a petition to the local soil and water conservation district board of supervisors requesting designation of an agricultural district. The petition shall include the following information:
(1)
A general description of the proposed agricultural district including total number of ownerships, total acreage, land use information, social and economic information about the respective area of the county, and potential impacts of development on agricultural production;
(2)
Location of the proposed agricultural district boundary on a standard United States geological survey quadrangle map (1:2000 scale);
(3)
Location of the proposed agricultural district boundary on the local county tax assessor map, including location and identification of each ownership within the agricultural district as well as identification of all ownerships adjacent to the agricultural district;
(4)
A description of the type and extent of agricultural production activity for each ownership within the proposed agricultural district; and
(5)
Other pertinent information as the soil and water conservation district board of supervisors may require to evaluate the petition.
(d)
Individual ownership participation in an agricultural district is entirely voluntary, and no land shall be included in the agricultural district without the consent of the owner.
(e)
Upon receipt of a petition, the local soil and water conservation district board of supervisors shall notify the county commissioner and/or any local or regional planning or zoning body that may apply by sending a copy of the petition to such body.
(f)
In evaluating a petition for the establishment of an agricultural district, the local soil and water conservation district board of supervisors shall consider the following:
(1)
The capability of the land to support continued agricultural production as indicated by soil conditions, climate, topography, and other natural conditions;
(2)
The ability of the local, regional, state, and international markets to support continued agricultural production; and
(3)
Any matter that might be relevant to evaluation of the petition.
Amended by 2021 Tenn. Acts, ch. 203, s 10, eff. 4/22/2021.
Acts 1995, ch. 465, § 5.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 34 - AGRICULTURAL DISTRICT AND FARMLAND PRESERVATION ACT (§§ 43-34-101 — 43-34-108) › Section 43-34-105 - Approval and repeal of districts

(a)
Upon review of a petition, the local soil and water conservation district board of supervisors may approve designation of an agricultural district. A designated agricultural district shall be established for a period of five (5) years and reviewed for redesignation every five (5) years thereafter. However, the soil and water conservation district may review the status of designation at any time upon the written request and justification of the respective county mayor or city manager or upon a decision of the board of supervisors that such a review is appropriate. The soil and water conservation district board of supervisors may sustain or repeal designation of an agricultural district based upon the following:
(1)
The continued viability of the agricultural district. An agricultural district can become reduced in acreage based upon the voluntary withdrawal of any of the ownerships. However, the agricultural district shall cease to exist if the total designated acreage drops below twenty (20) acres;
(2)
The impacts and consequences of proposed land development; and
(3)
Other factors that the board of supervisors may find relevant.
(b)
Any ownership or any successor heir of the ownership within an agricultural district may withdraw from the agricultural district upon notifying the local soil and water conservation district in writing.
(c)
Landowners may resubmit petitions for designation or redesignation at any time to the local soil and water conservation district.
(d)
If a petition is rejected or the local soil and water conservation district board of supervisors repeals designation of an agricultural district, the ownerships within the agricultural district can appeal the decision of the board of supervisors to the Tennessee soil and water conservation commission. Based upon a review of all relevant information and following a public hearing, the Tennessee soil and water conservation commission may either sustain or overturn the decision of the local soil and water conservation district.
Amended by 2021 Tenn. Acts, ch. 203, Secs.s11, s12 eff. 4/22/2021.
Acts 1995, ch. 465, §6; 2003 , ch. 90, § 2.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 34 - AGRICULTURAL DISTRICT AND FARMLAND PRESERVATION ACT (§§ 43-34-101 — 43-34-108) › Section 43-34-106 - Procedures, limitations and responsibilities

Upon establishment of an agricultural district the following procedures, limitations, and responsibilities apply:
(1)
Any ownership within an agricultural district that has received a notice of condemnation proceedings against its property may request the local soil and water conservation district to conduct a public hearing to review the project's impact on that property. The public hearing shall be held within forty-five (45) calendar days of the receipt of such summons of condemnation proceedings.
(2)
The local soil and water conservation district with the assistance of the Tennessee soil and water conservation commission shall provide appropriate notification about establishment of the agricultural district to local and state governmental agencies, local media, and other communication networks. The soil and water conservation district shall also issue appropriate certificates of recognition to the respective ownerships within the agricultural district.
(3)
The local soil and water conservation district in cooperation with the local roads superintendent, or the superintendent's counterpart, as well as the department of transportation, may erect signs as may be appropriate to recognize a designated agricultural district.
Amended by 2021 Tenn. Acts, ch. 203, Secs.s13, s14 eff. 4/22/2021.
Acts 1995, ch. 465, § 7.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 34 - AGRICULTURAL DISTRICT AND FARMLAND PRESERVATION ACT (§§ 43-34-101 — 43-34-108) › Section 43-34-107 - Boundary designation

An individual agricultural district may be comprised of ownerships residing in more than one (1) soil and water conservation district as long as the conditions of a contiguous boundary are satisfied. In such a case, each soil and water conservation district shall have the responsibility to meet the requirements of this chapter within the county of its jurisdiction.
Amended by 2021 Tenn. Acts, ch. 203, s 15, eff. 4/22/2021.
Acts 1995, ch. 465, § 8.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 34 - AGRICULTURAL DISTRICT AND FARMLAND PRESERVATION ACT (§§ 43-34-101 — 43-34-108) › Section 43-34-108 - Intent

It is not the intent of the general assembly in adopting this chapter to in any way prohibit, restrict, inhibit, or affect municipalities and/or counties in the exercise of the specific powers delegated by title 6, chapter 51; title 13, chapter 3, parts 1, 3 and 4; title 13, chapter 4; title 13, chapter 7, parts 1 and 4; or to allow this to be done pursuant to this chapter. Furthermore, it is not the intent of the general assembly in adopting this chapter to in any way prohibit, restrict, inhibit, or affect any municipality or county in exercising any other power or authority the municipality or county may lawfully exercise, or to allow this to be done pursuant to this chapter. Nor is it the intent of the general assembly in adopting this chapter to affect a county's or municipality's power of eminent domain as provided in title 29, chapter 17, parts 1 and 2, in any way other than as described in §
43-34-106
.
Acts 1995, ch. 465, § 9.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 35 - SOUTHERN DAIRY COMPACT (§§ 43-35-101 — 43-35-110) › Section 43-35-102 - Delegates from Tennessee to the southern dairy compact

(a)
Five (5) delegates from Tennessee shall be appointed by the governor to represent the state on the southern dairy compact commission, created and provided for in article III of the compact contained in §
43-35-101
. The delegates shall include two (2) dairy producers who are engaged in the production of milk at the time of appointment or reappointment, one (1) consumer representative, one (1) dairy processor, and one (1) delegate at large.
(b)
Each delegate shall serve for a term of four (4) years and shall serve diligently and conscientiously and shall strive to achieve the purposes of the southern dairy compact.
(c)
Each appointment shall be submitted to the house of representatives and the senate for confirmation. Confirmation shall be accomplished by the passage of a joint resolution originating in either house.
(d)
Vacancies in delegate positions shall be filled in the same manner as the original appointments for the unexpired portion of the vacant delegate's position.
(e)
Delegates shall receive a per diem not to exceed fifty dollars ($50.00) per day for service incurred in the performance of their duties as delegates. All reimbursement for travel expenses shall be in accordance with the comprehensive travel regulations as promulgated by the department of finance and administration and approved by the attorney general and reporter.
(f)
The delegation shall establish procedures determining how its vote will be cast in the conduct of the commission's affairs.
Acts 1998, ch. 749, § 3.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 35 - SOUTHERN DAIRY COMPACT (§§ 43-35-101 — 43-35-110) › Section 43-35-103 - Violations

(a)
No person shall violate this part, the southern dairy compact, or any rules or regulations adopted pursuant to either this chapter or the compact.
(b)
In addition to any other penalties provided by law, a civil penalty of one thousand dollars ($1,000) may be imposed for each violation, licenses may be revoked or suspended, or an additional civil penalty may be imposed in lieu of revocation or suspension.
(c)
Each day on which a violation occurs is a separate violation.
Acts 1998, ch. 749, § 4.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 35 - SOUTHERN DAIRY COMPACT (§§ 43-35-101 — 43-35-110) › Section 43-35-104 - Effective date of compact

(a)
This compact shall become effective when all of the following have occurred:
(1)
When the governor has executed the compact on behalf of this state and has caused a verified copy of the compact to be filed with the secretary of state;
(2)
When the commissioner of agriculture has certified to the governor and to the general assembly that two (2) or more of the other states named in §
43-35-101
article VII, section 20 have ratified the compact in a form substantially similar to this enactment; and
(3)
When the consent of congress has been obtained.
(b)
The governor is authorized and directed to take such action as may be necessary to complete the exchange of official documents between this state and any other state ratifying this compact.
Acts 1998, ch. 749, § 5.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 35 - SOUTHERN DAIRY COMPACT (§§ 43-35-101 — 43-35-110) › Section 43-35-105 - Compact administrator

(a)
The compact administrator for this state shall be the commissioner of agriculture. The duties of the compact administrator shall be deemed a regular part of the duties of the commissioner's office and the commissioner's expenses as compact administrator become a charge upon the funds of the department of agriculture.
(b)
The commissioner, as compact administrator, shall be vested with all powers provided for in the compact and all the powers necessary or incidental to the carrying out of the compact in every particular.
Acts 1998, ch. 749, § 6.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 35 - SOUTHERN DAIRY COMPACT (§§ 43-35-101 — 43-35-110) › Section 43-35-106 - Acquisition of information pertaining to the dairy industry

The commissioner of agriculture may, by lawful means, obtain information pertaining to the dairy industry that the commissioner deems necessary to carry out the purposes of this part and the southern dairy compact. Such information may be utilized by the commissioner, the delegates, and the commission.
Acts 1998, ch. 749, § 7.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 35 - SOUTHERN DAIRY COMPACT (§§ 43-35-101 — 43-35-110) › Section 43-35-107 - Rules and regulations

The commissioner of agriculture is authorized to promulgate such rules and regulations, in accordance with the Uniform Administrative Procedures Act, compiled at title 4, chapter 5, as are necessary to carry out the purposes of this part and the southern dairy compact.
Acts 1998, ch. 749, § 8.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 35 - SOUTHERN DAIRY COMPACT (§§ 43-35-101 — 43-35-110) › Section 43-35-108 - Copies of commission bylaws

Pursuant to article VI, section 5, copies of the commission's bylaws and amendments thereto shall be filed with the commissioner of agriculture.
Acts 1998, ch. 749, § 9.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 35 - SOUTHERN DAIRY COMPACT (§§ 43-35-101 — 43-35-110) › Section 43-35-109 - State cooperation with compact commission

Consistent with law and within available appropriations, the departments, agencies and officers of this state shall cooperate with the southern dairy compact commission established by §
43-35-101
, article II, section 4.
Acts 1998, ch. 749, § 10.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 35 - SOUTHERN DAIRY COMPACT (§§ 43-35-101 — 43-35-110) › Section 43-35-110 - Obligations in excess of appropriations - Unlawful

It is unlawful for the compact administrator or the commissioner's representative, and/or the members of the commission representing the state of Tennessee, to make any agreement, to create any obligation, or to commit the state for any funds, moneys or property in excess of the amounts on hand and/or the amount of appropriation for the biennium. Any such agreement, obligation or commitment shall be null and void. Such agreements, obligations or commitments shall be approved by the attorney general and reporter prior to their execution by the proper officials of the state of Tennessee.
Acts 1998, ch. 749, § 11.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 36 - TENNESSEE TOBACCO FARMERS CERTIFYING BOARD [Repealed] (§§ 43-36-101 — 43-36-110) › Section 43-36-101 - [Repealed]

Acts 1999, ch. 175, §2; repealed by Acts 2014 , ch. 503, § 2, effective 2/28/2014.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 36 - TENNESSEE TOBACCO FARMERS CERTIFYING BOARD [Repealed] (§§ 43-36-101 — 43-36-110) › Section 43-36-102 - [Repealed]

Acts 1999, ch. 175, §3; repealed by Acts 2014 , ch. 503, § 2, effective 2/28/2014.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 36 - TENNESSEE TOBACCO FARMERS CERTIFYING BOARD [Repealed] (§§ 43-36-101 — 43-36-110) › Section 43-36-103 - [Repealed]

Acts 1999, ch. 175, §4; repealed by Acts 2014 , ch. 503, § 2, effective 2/28/2014.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 36 - TENNESSEE TOBACCO FARMERS CERTIFYING BOARD [Repealed] (§§ 43-36-101 — 43-36-110) › Section 43-36-104 - [Repealed]

Acts 1999, ch. 175, §5; repealed by Acts 2014 , ch. 503, § 2, effective 2/28/2014.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 36 - TENNESSEE TOBACCO FARMERS CERTIFYING BOARD [Repealed] (§§ 43-36-101 — 43-36-110) › Section 43-36-105 - [Repealed]

Acts 1999, ch. 175, §6; repealed by Acts 2014 , ch. 503, § 2, effective 2/28/2014.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 36 - TENNESSEE TOBACCO FARMERS CERTIFYING BOARD [Repealed] (§§ 43-36-101 — 43-36-110) › Section 43-36-106 - [Repealed]

Acts 1999, ch. 175, §7; repealed by Acts 2014 , ch. 503, § 2, effective 2/28/2014.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 36 - TENNESSEE TOBACCO FARMERS CERTIFYING BOARD [Repealed] (§§ 43-36-101 — 43-36-110) › Section 43-36-107 - [Repealed]

Acts 1999, ch. 175, §8; repealed by Acts 2014 , ch. 503, § 2, effective 2/28/2014.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 36 - TENNESSEE TOBACCO FARMERS CERTIFYING BOARD [Repealed] (§§ 43-36-101 — 43-36-110) › Section 43-36-108 - [Repealed]

Acts 1999, ch. 175, §9; repealed by Acts 2014 , ch. 503, § 2, effective 2/28/2014.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 36 - TENNESSEE TOBACCO FARMERS CERTIFYING BOARD [Repealed] (§§ 43-36-101 — 43-36-110) › Section 43-36-109 - [Repealed]

Acts 1999, ch. 175, §10; repealed by Acts 2014 , ch. 503, § 2, effective 2/28/2014.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 36 - TENNESSEE TOBACCO FARMERS CERTIFYING BOARD [Repealed] (§§ 43-36-101 — 43-36-110) › Section 43-36-110 - [Repealed]

Acts 1999, ch. 175, §11; repealed by Acts 2014 , ch. 503, § 2, effective 2/28/2014.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 37 - BIOBASED PRODUCTS FOR FARMERS AND RURAL DEVELOPMENT (§§ 43-37-101 — 43-37-105) › Section 43-37-101 - Short title

This act shall be known and may be cited as the "Biobased Products for Farmers and Rural Development Act of 2000."
Acts 2000, ch. 838, § 2.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 37 - BIOBASED PRODUCTS FOR FARMERS AND RURAL DEVELOPMENT (§§ 43-37-101 — 43-37-105) › Section 43-37-102 - Chapter definitions

As used in this chapter, unless the context clearly requires otherwise:
(1)
"Ag Fiber Technology" means a unique public/private sector coalition organized by Agro-Tech Communications of Memphis, Tennessee and based at Agricenter International in Memphis, Tennessee. Ag Fiber Technology is comprised of environmental organizations, universities, research institutions, and private corporations that share the goal of advancing biobased products through the commercialization of agricultural fibers;
(2)
"Agricultural biomass" means crop residues from commodity crops such as wheat, corn, cotton and new crops such as switchgrass. "Agricultural biomass" has unique and strategic positioning in expanding markets for power, fuel and chemicals;
(3)
"Agricultural fiber" means any fiber material derived from an agricultural crop including, but not limited to, corn stover, cotton, kenaf, rice straw, switchgrass, and wheat straw. Agricultural fibers are the building blocks of biobased products and contain cellulose, lignocellulose and other properties desired by industry;
(4)
"Bast fiber crop" means crops such as kenaf that are comprised of an outer fiber "bast" and an inner fiber "core" or "hurd". Bast fiber crops are utilized in new markets including building materials, pulp and paper, and absorbency products;
(5)
"Biobased product" means a commercial or industrial product (other than food or feed) that utilizes biological products or renewable domestic agricultural (plant, animal, and marine) or forestry materials. "Biobased product" includes building products, chemicals, fuels, lubricants, plastics, and paper derived from agricultural materials;
(6)
"Bioenergy initiative" means a national partnership coordinated by the United States department of energy to develop an integrated industry to produce power, fuel and chemicals from sources including agricultural biomass; and
(7)
"Industrial utilization" means the products and processes that utilize agricultural materials in non-food, non-feed commercial products. Industrial utilization projects in the United States have included a thirty-five million dollar ($35,000,000) kenaf auto component facility in Indiana; building materials from wheat straw in Idaho and North Dakota; and the expanded use of ethanol in the mid-west.
Acts 2000, ch. 838, § 5.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 37 - BIOBASED PRODUCTS FOR FARMERS AND RURAL DEVELOPMENT (§§ 43-37-101 — 43-37-105) › Section 43-37-103 - Unauthorized plants and substances

Nothing in this chapter shall be construed to authorize the development of or research relative to any strain or variety of cannabis other than hemp, as defined in §
43-27-101
.
Amended by 2019 Tenn. Acts, ch. 87, s 8, eff. 4/4/2019.
Amended by 2014 Tenn. Acts, ch. 916, s 6, eff. 7/1/2014.
Acts 2000, ch. 838, § 3.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 37 - BIOBASED PRODUCTS FOR FARMERS AND RURAL DEVELOPMENT (§§ 43-37-101 — 43-37-105) › Section 43-37-104 - Findings of general assembly

(a)
The general assembly finds that the development of biobased products, agricultural biomass, bast fiber crops and industrial utilization is in the best interest of Tennessee's economy and agriculture. The general assembly recognizes the importance of agricultural fibers as the basic building blocks for biobased products.
(b)
The general assembly finds that the development of biobased products, agricultural biomass, bast fiber crops and industrial utilization would reduce dependence on foreign oil imports; enhance energy security; reduce environmental emissions of harmful pollutants; decrease greenhouse gas emissions; increase profitability for agricultural biomass commercial activities; revitalize rural areas with new markets and revenue streams; and would provide greater consumer choices for power, fuel and commercial products.
(c)
The general assembly finds that cooperation with the United States department of energy and United States department of agriculture's bioenergy initiative, Oak Ridge national laboratory, Tennessee State University, the University of Tennessee and other entities in Tennessee that are developing biobased products, agricultural biomass, bast fiber crops and industrial utilization is in the best interest of Tennessee's economy, environment and agriculture.
(d)
The general assembly finds that the Ag Fiber Technology program at Agricenter International has a strategic role in the development of biobased products, agricultural biomass, bast fiber crops and industrial utilization through its focus on commercializing agricultural fibers as the basic building blocks for biobased products.
(e)
The purpose of this chapter is to promote the economy, agriculture, public safety, health and welfare of the citizens of Tennessee, while promoting new opportunities for farmers and rural economies.
Acts 2000, ch. 838, § 4.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 37 - BIOBASED PRODUCTS FOR FARMERS AND RURAL DEVELOPMENT (§§ 43-37-101 — 43-37-105) › Section 43-37-105 - Authority of commissioner

The commissioner of agriculture is authorized to promulgate rules and regulations to effectuate the purposes of this chapter. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2000, ch. 838, § 6.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 38 - TENNESSEE PROCESSING COOPERATIVE LAW (§§ 43-38-101 — 43-38-1109) › Part 1 - GENERAL PROVISIONS (§§ 43-38-101 — 43-38-125) › Section 43-38-101 - Short title

This chapter shall be known and may be cited as the "Tennessee Processing Cooperative Law."
Acts 2004, ch. 534, § 1.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 38 - TENNESSEE PROCESSING COOPERATIVE LAW (§§ 43-38-101 — 43-38-1109) › Part 1 - GENERAL PROVISIONS (§§ 43-38-101 — 43-38-125) › Section 43-38-102 - Reservation of power to amend or repeal

The general assembly has the power to amend or repeal all or part of this chapter at any time and all domestic cooperatives subject to this chapter shall be governed by the amendment or repeal.
Acts 2004, ch. 534, § 1.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 38 - TENNESSEE PROCESSING COOPERATIVE LAW (§§ 43-38-101 — 43-38-1109) › Part 1 - GENERAL PROVISIONS (§§ 43-38-101 — 43-38-125) › Section 43-38-104 - Notice

(a)
Notice under this chapter shall be in writing, except that oral notice is effective if it is reasonable under the circumstances and not prohibited by the articles or bylaws.
(b)
Notice may be communicated in person, by telephone, telegraph, teletype, or other form of wire or wireless communication, or by mail or private carrier. If these forms of personal notice are impracticable, notice may be communicated by a newspaper of general circulation in the area where published, or by radio, television, or other form of public broadcast communication.
(c)
Written notice by a domestic cooperative to its members, if in a comprehensible form, is effective when mailed, if mailed postpaid and correctly addressed to the member's address shown in the cooperative's current record of members.
(d)
Written notice to a domestic cooperative may be addressed to its registered agent at its registered office or to the cooperative or its secretary at its principal office shown in its most recent annual report.
(e)
Except as provided in subsection (c), written notice, if in a comprehensible form, is effective at the earliest of the following:
(1)
When received;
(2)
Five (5) days after its deposit in the United States mail, if mailed correctly addressed and with first class postage affixed;
(3)
On the date shown on the return receipt, if sent by registered or certified mail, return receipt requested, and the receipt is signed by or on behalf of the addressee; or
(4)
Twenty (20) days after its deposit in the United States mail, as evidenced by the postmark if mailed correctly addressed, and with other than first class, registered or certified postage affixed.
(f)
Oral notice is effective when communicated if communicated in a comprehensible manner.
(g)
If this chapter prescribes notice requirements for particular circumstances, those requirements govern. If the articles or bylaws prescribe notice requirements not inconsistent with this section or other provisions of this chapter, those requirements govern.
Acts 2004, ch. 534, § 3.