reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 1 - DEPARTMENT OF AGRICULTURE (§§ 43-1-101 — 43-1-803) › Part 6 - TENNESSEE AGRICULTURAL HALL OF FAME (§§ 43-1-601 — 43-1-607) › Section 43-1-605 - Gifts, bequests and awards

The board is empowered to accept and receive gifts, bequests and awards, which are to become the sole property of the Tennessee agricultural hall of fame, and which are to be kept in a proper manner in a suitable and available room or hall in some state-owned building at Nashville; provided, that duplicates of gifts, bequests and awards may be displayed in a suitable room in the college of agricultural sciences and natural resources at the University of Tennessee.
Acts 1937, ch. 43, § 5.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 1 - DEPARTMENT OF AGRICULTURE (§§ 43-1-101 — 43-1-803) › Part 6 - TENNESSEE AGRICULTURAL HALL OF FAME (§§ 43-1-601 — 43-1-607) › Section 43-1-606 - Travel expenses

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.
Acts 1976, ch. 806, § 1.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 1 - DEPARTMENT OF AGRICULTURE (§§ 43-1-101 — 43-1-803) › Part 6 - TENNESSEE AGRICULTURAL HALL OF FAME (§§ 43-1-601 — 43-1-607) › Section 43-1-607 - Biennial report

The board shall prepare a report to be delivered to the chair of the agriculture and natural resources committee of the house of representatives and the chair of the energy, agriculture and natural resources committee of the senate by February 15 of each odd-numbered year. The report shall provide information regarding the activities of the board for the previous two (2) years.
Amended by 2013 Tenn. Acts, ch. 236,s 1, eff. 4/19/2013.
Acts 1991, ch. 106, § 4.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 1 - DEPARTMENT OF AGRICULTURE (§§ 43-1-101 — 43-1-803) › Part 7 - AGRICULTURAL REGULATORY FUND (§§ 43-1-701 — 43-1-705) › Section 43-1-704 - Adjustment of fees

(a)
Notwithstanding §
4-5-229
, rules establishing fees promulgated pursuant to this chapter before July 1, 2016, shall take effect following expiration of the ninety (90) days as provided in §
4-5-207
.
(b)
Beginning in 2020 and at least every five (5) years thereafter, the commissioner shall evaluate fees associated with the statutes specified in §
43-1-701(b)
and may make adjustments through the rule-making process. Individual fees shall not be adjusted more than once every five (5) years.
(c)
After the initial adjustment under subsection (b), the percentage increase of any subsequent adjustment shall not exceed the percentage of increase in the average consumer price index, all items-city average, as published by the United States department of labor, bureau of labor statistics, between the dates of one (1) adjustment and the immediately subsequent adjustment. Individual fee adjustment amounts may be rounded up to the next tier amount provided in §
43-1-703(f)
.
(d)
Fees established under §
43-1-703(a)
and the statutes specified in §
43-1-701(b)
shall not be increased in any year when the fund's fiscal year ending balance exceeds one hundred fifty percent (150%) of the fees collected in the previous year.
Amended by 2015 Tenn. Acts, ch. 485,s 3, eff. 7/1/2015.
Amended by 2013 Tenn. Acts, ch. 236,s 2, eff. 4/19/2013.
Acts 1994, ch. 960, § 5; 2002, ch. 640, §§ 15, 16.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 1 - DEPARTMENT OF AGRICULTURE (§§ 43-1-101 — 43-1-803) › Part 7 - AGRICULTURAL REGULATORY FUND (§§ 43-1-701 — 43-1-705) › Section 43-1-705 - Conflict with federal law

In the event that the requirements of this part conflict with applicable federal requirements pertaining to the establishment and collection of permit application or compliance fees by the department, the federal requirements shall take precedence over the conflicting requirements of this part. The commissioner of agriculture has the authority to collect the fees in §
43-1-701
and the fees established in accordance with applicable federal requirements.
Acts 1994, ch. 960, § 6.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 1 - DEPARTMENT OF AGRICULTURE (§§ 43-1-101 — 43-1-803) › Part 8 - SPECIAL ENDOWMENT FUNDS IN THE TENNESSEE FFA FOUNDATION, INC (§§ 43-1-801 — 43-1-803) › Section 43-1-801 - Established

There is established special FFA endowment funds in the Tennessee FFA Foundation, Inc.
Acts 1999, ch. 535, § 1.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 1 - DEPARTMENT OF AGRICULTURE (§§ 43-1-101 — 43-1-803) › Part 8 - SPECIAL ENDOWMENT FUNDS IN THE TENNESSEE FFA FOUNDATION, INC (§§ 43-1-801 — 43-1-803) › Section 43-1-802 - Appropriations for endowment fund

The Tennessee FFA Foundation, Inc. is eligible to receive appropriations for its endowment fund from the state general fund subject to the following conditions:
(1)
Neither an appropriation nor the income therefrom may be spent for any organization other than the Tennessee FFA Foundation, Inc.;
(2)
Any appropriation shall be released to such foundation only as a dollar-for-dollar match of private contributions to the endowment fund; and
(3)
Any appropriation shall not revert to the general fund at the end of any fiscal year prior to June 30, 2005, but shall be carried over from year to year for the purpose of accomplishing this part.
Acts 1999, ch. 535, § 2.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 1 - DEPARTMENT OF AGRICULTURE (§§ 43-1-101 — 43-1-803) › Part 8 - SPECIAL ENDOWMENT FUNDS IN THE TENNESSEE FFA FOUNDATION, INC (§§ 43-1-801 — 43-1-803) › Section 43-1-803 - Interest on funds

Interest accruing on investments of the funds deposited to the credit of the Tennessee FFA Foundation, Inc. under this endowment fund shall be used for the sole purpose of promoting FFA programs in the state of Tennessee.
Acts 1999, ch. 535, § 3.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 6 - PEST CONTROL (§§ 43-6-101 — 43-6-503) › Part 1 - PLANT PEST ACT (§§ 43-6-101 — 43-6-113) › Section 43-6-101 - Short title

This part shall be known and may be cited as the "Tennessee Plant Pest Act."
Acts 1955, ch. 8, § 1; T.C.A., § 43-515; Acts 1997, ch. 70, § 1.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 6 - PEST CONTROL (§§ 43-6-101 — 43-6-503) › Part 1 - PLANT PEST ACT (§§ 43-6-101 — 43-6-113) › Section 43-6-102 - Part definitions

As used in this part and the rules, regulations or orders made pursuant to this part, unless the context otherwise requires:
(1)
"Agent" means any person soliciting orders for or selling or distributing nursery stock or other plants under the partial or full control of a nursery owner or dealer;
(2)
"Commissioner" means the commissioner of agriculture or the commissioner's duly authorized agents;
(3)
"Dealer" means any person not a grower of nursery stock or other plants who buys or otherwise acquires nursery stock or other plants for the purpose of reselling or otherwise distributing nursery stock or other plants independently of any control of the grower;
(4)
"Florist" means an establishment whose primary business is the retail sale of fresh cut flowers. A florist shall not be considered a dealer; provided, that the sales of rooted plant material sold by a florist shall be those used to enhance fresh cut flower arrangements, or that are intended to be grown and maintained indoors and that are not intended to be planted in the landscape;
(5)
"Greenhouses" means any glass house, screen house or other structure in which plants are grown, kept, or propagated for sale or distribution;
(6)
"Insect pests" means insects or closely related organisms in any stage of development injurious to the agricultural, horticultural, silvicultural, or other interests of the state;
(7)
"Nursery" means any grounds or premises on or in which nursery stock is grown, kept or propagated for sale or distribution;
(8)
"Nursery farmer" means any person engaged in the practice of growing or propagating nursery stock for sale, which person shall for all statutory purposes be deemed to be a farmer;
(9)
"Nursery stock" means all trees, shrubs, or other perennial plants or parts of trees, shrubs, or other perennial plants grown or kept for, or capable of propagation, distribution, or sale on a commercial basis;
(10)
"Nursery worker" means all persons employed on a nursery or property used in conjunction with a nursery, for the purpose of cultivating the soil, growing and propagating the stock, or for duties necessary for the grading, fumigating, cutting, packing, and the like, of the plants on the nursery, or the property used in conjunction with the nursery and prior to their entry into channels of commerce, shall be recognized for all statutory purposes as "farm laborers"; and
(11)
"Plant diseases" means infectious or transmissible diseases of plants, and their pathogens, including parasitic plants in any stage of development.
Acts 1955, ch. 8, § 2; 1959, ch. 78, § 1; 1959, ch. 144, § 1; T.C.A., § 43-516; Acts 1997, ch. 70, § 2; 1998, ch. 636, § 1.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 6 - PEST CONTROL (§§ 43-6-101 — 43-6-503) › Part 1 - PLANT PEST ACT (§§ 43-6-101 — 43-6-113) › Section 43-6-104 - Rules and regulations - Force and effect

The commissioner has the power to promulgate such rules and regulations under the authority of this part as may be necessary to prevent the further introduction of insect pests, pest plants, or plant diseases into the state, and to eradicate or suppress and control such insect pests, pest plants, or plant diseases occurring therein. Rules and regulations established under this part shall have the force and effect of law.
Acts 1955, ch. 8, § 4; T.C.A., § 43-518; Acts 1995, ch. 330, § 1; 1997, ch. 70, § 4.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 6 - PEST CONTROL (§§ 43-6-101 — 43-6-503) › Part 1 - PLANT PEST ACT (§§ 43-6-101 — 43-6-113) › Section 43-6-105 - Uniform Administrative Procedures Act applicable - Exception for quarantine procedure

Administration of this part shall comply with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, except that an order of quarantine need not be treated as a contested case prior to receipt by the commissioner of a petition to review the quarantine. Petitions shall be heard by the commissioner as soon as reasonably possible.
Acts 1955, ch. 8, § 5; 1959, ch. 78, § 2; 1976, ch. 806, § 1(79); T.C.A., § 43-519; Acts 1980, ch. 472, § 2.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 6 - PEST CONTROL (§§ 43-6-101 — 43-6-503) › Part 1 - PLANT PEST ACT (§§ 43-6-101 — 43-6-113) › Section 43-6-107 - Appointment of assistants - Cooperative agreements - Official publication

The commissioner has the power and authority to:
(1)
Purchase all necessary materials, supplies, office, laboratory, and field equipment and other things, in the manner prescribed by law, and make such other expenditures as may be essential and necessary in carrying out this part within the limits of the amount appropriated by law;
(2)
Appoint, in accordance with any applicable rules or regulations of the department of human resources, such assistants, inspectors and other employees as may be required and prescribe their duties, and delegate to the assistants, inspectors and other employees such powers and authority as may be deemed proper within the limits of the power and authority conferred upon the commissioner by this part;
(3)
Enter into cooperative arrangements with any person, municipality, county and other departments of this state, and boards, officers and authorities of other states and the United States for inspection with reference to insect pests, pest plants, or plant diseases and for the control and eradication of insect pests, pest plants, or plant diseases, and to contribute a just proportionate share of the expenses incurred under such arrangements; and
(4)
Publish, at intervals to be determined by the commissioner, an official organ of the department of agriculture for public distribution and may from time to time publish and distribute to the public such further information as may be deemed necessary or in the public interest.
Acts 1955, ch. 8, § 7; T.C.A., § 43-521; Acts 1995, ch. 330, § 3; 1997, ch. 70, § 6.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 6 - PEST CONTROL (§§ 43-6-101 — 43-6-503) › Part 1 - PLANT PEST ACT (§§ 43-6-101 — 43-6-113) › Section 43-6-108 - Promulgation of rules - Certified copies in evidence

All rules and regulations made pursuant to this part shall be promulgated as provided by law; provided, that in case of emergency where it is necessary to place a quarantine to take effect immediately, promulgation may be made by proclamation of the commissioner. Printed copies of all acts, rules, regulations, quarantines, or other notices, which shall be published by the commissioner under authority granted by this part, shall be admitted as sufficient evidence of such acts, rules, regulations, quarantines or other notices in all courts and on all occasions whatsoever; provided, that the correctness of such copies be certified to by the commissioner.
Acts 1955, ch. 8, § 8; T.C.A., § 43-522; Acts 1997, ch. 70, § 7.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 6 - PEST CONTROL (§§ 43-6-101 — 43-6-503) › Part 1 - PLANT PEST ACT (§§ 43-6-101 — 43-6-113) › Section 43-6-109 - Pests and diseases - Special permits

The introduction into this state of any insect pests, pest plants, or plant diseases, except under a special permit issued by the commissioner, is prohibited.
Acts 1955, ch. 8, § 9; T.C.A., § 43-523; Acts 1995, ch. 330, § 4; 1997, ch. 70, § 8.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 6 - PEST CONTROL (§§ 43-6-101 — 43-6-503) › Part 1 - PLANT PEST ACT (§§ 43-6-101 — 43-6-113) › Section 43-6-110 - Isolation of plants and products - Inspection

Any person, including common carriers, who shall knowingly receive plants, plant products, or other articles or things sold, given away, carried, shipped, or delivered for carriage or shipment within the state, as to which this part and the rules and regulations promulgated pursuant to this part have not been complied with, shall be required to isolate and hold the plant, plant product, or other article or thing, unopened and unused, subject to such inspection or other disposition as may be provided by the commissioner.
Acts 1955, ch. 8, § 10; T.C.A., § 43-524; Acts 1997, ch. 70, § 9.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 6 - PEST CONTROL (§§ 43-6-101 — 43-6-503) › Part 1 - PLANT PEST ACT (§§ 43-6-101 — 43-6-113) › Section 43-6-111 - Liability of principal

In construing and enforcing this part, the act, omission or failure of any official, agent, or other person acting for, or employed by, any association, partnership, corporation or other principal within the scope of such person's employment or office shall in every case be deemed the act, omission, or failure of the association, partnership, corporation or other principal as well as that of the individual.
Acts 1955, ch. 8, § 11; T.C.A., § 43-525.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 6 - PEST CONTROL (§§ 43-6-101 — 43-6-503) › Part 1 - PLANT PEST ACT (§§ 43-6-101 — 43-6-113) › Section 43-6-112 - Violations - Penalty

Any person who violates any provision or requirement of this part or of the rules and regulations made under this part or of any order or notice given pursuant to this part, or who forges, counterfeits, destroys, or wrongfully or improperly, uses any certificate provided for in this part or in the rules and regulations made pursuant to this part, or who interferes with or obstructs the commissioner or any of the commissioner's duly designated employees or agents in the performance of the person's duties, commits a Class C misdemeanor.
Acts 1955, ch. 8, § 12; T.C.A., § 43-526; Acts 1989, ch. 591, § 113; 1997, ch. 70, § 10.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 6 - PEST CONTROL (§§ 43-6-101 — 43-6-503) › Part 1 - PLANT PEST ACT (§§ 43-6-101 — 43-6-113) › Section 43-6-113 - Establishment of fees

(a)
A nematode sample analysis fee shall be set by rule pursuant to §
43-1-703
.
(b)
Nursery stock or other plant material plant dealer certificate fees shall be set by rule pursuant to §
43-1-703
.
(c)
Florist certificate fees shall be set by rule pursuant to §
43-1-703
.
(d)
The fee for phytosanitary certificates shall be equivalent to United States department of agriculture, animal and plant health inspection service fees.
(e)
The department shall have no authority under this section to assess the greenhouse plant certification fee, or any other license fee or plant certification fee established by this part against:
(1)
Any person engaged in the production of tobacco seedlings; or
(2)
Any farmer who produces and sells plants or seedlings in connection with the person's farming operations, but who is not primarily engaged in the business of producing and selling plants or seedlings, as determined by the commissioner.
Added by 2015 Tenn. Acts, ch. 485,s 4, eff. 7/1/2015.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 6 - PEST CONTROL (§§ 43-6-101 — 43-6-503) › Part 2 - ERADICATION OF JOHNSON GRASS (§§ 43-6-201 — 43-6-210) › Section 43-6-201 - Adoption of part by county legislative body

The various county legislative bodies of the state may by resolution adopt this part by a vote of its members. Upon a two-thirds (2/3) vote of the county legislative body for the adoption of this part, the results of the vote shall be certified to the commissioner of agriculture. If a majority of the votes cast are against the adoption of this part, the question shall not be resubmitted for reconsideration of the county legislative body for at least one (1) year after the vote.
Acts 1961, ch. 306, § 1; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 43-2701.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 6 - PEST CONTROL (§§ 43-6-101 — 43-6-503) › Part 2 - ERADICATION OF JOHNSON GRASS (§§ 43-6-201 — 43-6-210) › Section 43-6-202 - Johnson grass extermination areas - Designation by commissioner of agriculture - Notice

The commissioner of agriculture shall within thirty (30) days after receipt of the notice from the county clerk as provided in §
43-6-201
declare the county to be a "Johnson grass extermination area" and the commissioner shall cause suitable notice to be published in a newspaper in the county for two (2) consecutive weeks. The notice shall specify that the county has been declared a Johnson grass extermination area and that all property owners in the county shall, not later than April 30 following the publication of the notice, take steps to control and eradicate Johnson grass on all lands owned by them or under their control. The commissioner may have inserted in the notice such other pertinent and relevant information as the commissioner may deem advisable.
Acts 1961, ch. 306, § 2; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A., § 43-2702.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 6 - PEST CONTROL (§§ 43-6-101 — 43-6-503) › Part 2 - ERADICATION OF JOHNSON GRASS (§§ 43-6-201 — 43-6-210) › Section 43-6-203 - County weed control boards

(a)
The commissioner of agriculture shall, within ten (10) days after receipt of the notice provided for in §
43-6-201
, appoint a three-member county weed control board composed of citizens of the county, which shall be named by the county legislative body to serve as advisors and to assist the commissioner in the administration of this chapter and to perform such other duties as may be prescribed by the commissioner.
(b)
Members of the board shall receive no salary for their services, but shall be reimbursed by the county legislative body for their actual and necessary expenses incurred in the performance of their duties.
Acts 1961, ch. 306, § 3; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 43-2703.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 6 - PEST CONTROL (§§ 43-6-101 — 43-6-503) › Part 2 - ERADICATION OF JOHNSON GRASS (§§ 43-6-201 — 43-6-210) › Section 43-6-204 - Duties of commissioner of agriculture

(a)
The commissioner of agriculture has the duty under this part to:
(1)
Assist the county weed control board, all public utilities, the department of transportation, the county legislative body, drainage districts, the county highway department, other public and quasi-public corporations and other interested parties in the control and eradication of Johnson grass;
(2)
Be informed of the origin, nature and appearance of Johnson grass and the manner in which it is disseminated and shall follow recommendations of the University of Tennessee, college of agricultural sciences and natural resources, as to the best and approved method to control, eradicate and prevent the dissemination of Johnson grass; and
(3)
Cooperate with and have authority to enter into cooperative agreements with state and federal agencies and departments for the furtherance of the control and eradication of Johnson grass.
(b)
The commissioner shall make all rules and regulations for carrying out this part and its requirements.
Acts 1961, ch. 306, § 4; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 43-2704.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 6 - PEST CONTROL (§§ 43-6-101 — 43-6-503) › Part 2 - ERADICATION OF JOHNSON GRASS (§§ 43-6-201 — 43-6-210) › Section 43-6-205 - Inspection of land by county weed control boards

(a)
The county weed control board is responsible for the inspection of lands and places for compliance with this part, and has the authority to employ all necessary assistance required for inspections, and shall certify the expense thereof to the county clerk for payment.
(b)
The commissioner or the commissioner's designated representative, as well as the county weed control board or the designated representative of the board, shall have the right of ingress or egress upon all lands in the county in making an inspection or performing any other duties imposed by this part.
Acts 1961, ch. 306, § 5; impl. am. Acts 1978, ch. 934, §§ 22, 36; T.C.A., § 43-2705.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 6 - PEST CONTROL (§§ 43-6-101 — 43-6-503) › Part 2 - ERADICATION OF JOHNSON GRASS (§§ 43-6-201 — 43-6-210) › Section 43-6-206 - Failure to comply - Prosecution

Upon failure or refusal to comply with this part, the failure or refusal shall be reported by the county weed control board to the district attorney general for the county affected, and it shall be the duty of the district attorney general to prosecute all persons violating this part in the manner provided in this part.
Acts 1961, ch. 306, § 6; T.C.A., § 43-2706.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 6 - PEST CONTROL (§§ 43-6-101 — 43-6-503) › Part 2 - ERADICATION OF JOHNSON GRASS (§§ 43-6-201 — 43-6-210) › Section 43-6-207 - Duty to control and exterminate

(a)
It is the duty of all public utilities where they control the surface area, the department of transportation, the county legislative body, drainage districts, county road departments and other public and quasi-public corporations and every landowner in Johnson grass extermination areas, to:
(1)
Control and eradicate Johnson grass and prevent its regrowth and reinfestation on all lands, rights-of-way and easements owned, occupied or controlled by them;
(2)
Employ methods of control and eradication and for the prevention of the regrowth and reinfestation of Johnson grass as directed by the commissioner of agriculture or the county weed control board; and
(3)
Comply with all orders, rules and regulations promulgated by the commissioner of agriculture pursuant to this part.
(b)
The department of transportation may not enter into such program on a pilot basis with more than one (1) county.
(c)
The state shall not be held civilly liable for any act in compliance with the purpose and intent of this part.
Acts 1961, ch. 306, § 7; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 43-2707.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 6 - PEST CONTROL (§§ 43-6-101 — 43-6-503) › Part 2 - ERADICATION OF JOHNSON GRASS (§§ 43-6-201 — 43-6-210) › Section 43-6-208 - Nuisance - Action to enjoin

The existence or growth of Johnson grass, in counties electing to come under this part, is declared to be a public and common nuisance and the district attorneys general for and in those counties affected shall have the duty to bring an action in the circuit court of such county to enjoin this nuisance. The action shall be brought in the name of the state of Tennessee and shall be tried as in equity cases. In order to sustain the action, it shall be necessary to allege that thirty (30) days' advance notice of the filing of the suit has been served upon the defendant or defendants, and that the defendant or defendants, have taken no suitable action to comply with this part prior to the filing of the suit. Any landowner whose land is adjacent to or within one hundred feet (100') of land on which the nuisance is permitted or maintained and who is not undertaking a Johnson grass control program may bring a civil action for injunction against any person permitting or maintaining the nuisance and shall, in addition to injunctive relief, be entitled to recover as a penalty the sum of five hundred dollars ($500) and any actual damages sustained as a result of the maintenance of the nuisance.
Acts 1961, ch. 306, § 8; T.C.A., § 43-2708.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 6 - PEST CONTROL (§§ 43-6-101 — 43-6-503) › Part 2 - ERADICATION OF JOHNSON GRASS (§§ 43-6-201 — 43-6-210) › Section 43-6-209 - Appropriation of funds by county

Upon the adoption of this part by a county, such county thereafter is specifically authorized to appropriate funds to carry out and administer this part.
Acts 1961, ch. 306, § 10; T.C.A., § 43-2709.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 6 - PEST CONTROL (§§ 43-6-101 — 43-6-503) › Part 2 - ERADICATION OF JOHNSON GRASS (§§ 43-6-201 — 43-6-210) › Section 43-6-210 - Removal of county from provisions of part

When any particular county has adopted this part and brings itself within this part, it may at any subsequent time remove itself from the provisions hereof by a proper resolution therefor adopted by a majority vote of the county legislative body. Upon the adoption of such resolution, this part shall not apply to the county.
Acts 1961, ch. 306, § 9; impl. am. Acts 1978, ch. 934, §§ 7, 36; T.C.A., § 43-2710.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 6 - PEST CONTROL (§§ 43-6-101 — 43-6-503) › Part 3 - PEST CONTROL COMPACT (§§ 43-6-301 — 43-6-308) › Section 43-6-301 - [Repealed]

Repealed by 2014 Tenn. Acts, ch. 509, s 2, eff. 3/6/2014.
Acts 1969, ch. 81, § 1; T.C.A., §§ 43-2801, 43-7-101.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 6 - PEST CONTROL (§§ 43-6-101 — 43-6-503) › Part 3 - PEST CONTROL COMPACT (§§ 43-6-301 — 43-6-308) › Section 43-6-302 - [Repealed]

Repealed by 2014 Tenn. Acts, ch. 509, s 2, eff. 3/6/2014.
Acts 1969, ch. 81, § 2; T.C.A., §§ 43-2802, 43-7-102.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 6 - PEST CONTROL (§§ 43-6-101 — 43-6-503) › Part 3 - PEST CONTROL COMPACT (§§ 43-6-301 — 43-6-308) › Section 43-6-303 - [Repealed]

Repealed by 2014 Tenn. Acts, ch. 509, s 2, eff. 3/6/2014.
Acts 1969, ch. 81, § 3; T.C.A., §§ 43-2803, 43-7-103.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 6 - PEST CONTROL (§§ 43-6-101 — 43-6-503) › Part 3 - PEST CONTROL COMPACT (§§ 43-6-301 — 43-6-308) › Section 43-6-304 - [Repealed]

Repealed by 2014 Tenn. Acts, ch. 509, s 2, eff. 3/6/2014.
Acts 1969, ch. 81, § 4; T.C.A., §§ 43-2804, 43-7-104.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 6 - PEST CONTROL (§§ 43-6-101 — 43-6-503) › Part 3 - PEST CONTROL COMPACT (§§ 43-6-301 — 43-6-308) › Section 43-6-305 - [Repealed]

Repealed by 2014 Tenn. Acts, ch. 509, s 2, eff. 3/6/2014.
Acts 1969, ch. 81, § 5; T.C.A., §§ 43-2805, 43-7-105.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 6 - PEST CONTROL (§§ 43-6-101 — 43-6-503) › Part 3 - PEST CONTROL COMPACT (§§ 43-6-301 — 43-6-308) › Section 43-6-306 - [Repealed]

Repealed by 2014 Tenn. Acts, ch. 509, s 2, eff. 3/6/2014.
Acts 1969, ch. 81, § 6; T.C.A., §§ 43-2806, 43-7-106.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 6 - PEST CONTROL (§§ 43-6-101 — 43-6-503) › Part 3 - PEST CONTROL COMPACT (§§ 43-6-301 — 43-6-308) › Section 43-6-307 - [Repealed]

Repealed by 2014 Tenn. Acts, ch. 509, s 2, eff. 3/6/2014.
Acts 1969, ch. 81, § 7; T.C.A., §§ 43-2807, 43-7-107.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 6 - PEST CONTROL (§§ 43-6-101 — 43-6-503) › Part 3 - PEST CONTROL COMPACT (§§ 43-6-301 — 43-6-308) › Section 43-6-308 - [Repealed]

Repealed by 2014 Tenn. Acts, ch. 509, s 2, eff. 3/6/2014.
Acts 1969, ch. 81, § 8; T.C.A., §§ 43-2808, 43-7-108.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 6 - PEST CONTROL (§§ 43-6-101 — 43-6-503) › Part 4 - ERADICATION OF THE COTTON BOLL WEEVIL (§§ 43-6-401 — 43-6-431) › Section 43-6-401 - Purpose

The general assembly has found and determined and does declare that the boll weevil is a public nuisance, a pest and a menace to the cotton industry. Due to the interstate nature of boll weevil infestation, it is necessary to secure the cooperation of cotton growers and other state and federal governments to carry out a program of boll weevil suppression or eradication. The purpose of this part is to secure the suppression or eradication of the boll weevil and to provide for certification of a cotton grower's organization to cooperate with state and federal agencies in the administration of cost sharing programs for the suppression or eradication of the boll weevil.
Acts 1989, ch. 350, § 1.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 6 - PEST CONTROL (§§ 43-6-101 — 43-6-503) › Part 4 - ERADICATION OF THE COTTON BOLL WEEVIL (§§ 43-6-401 — 43-6-431) › Section 43-6-402 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Boll weevil" means Anthonomus grandis Boheman in any stage of development;
(2)
"Certificate" means a document issued or authorized by the commissioner indicating that a regulated article is not contaminated with boll weevils;
(3)
"Commissioner" means the commissioner of agriculture or the commissioner's designated representative;
(4)
"Cotton" means any cotton plant or cotton plant product upon which the boll weevil is dependent for completion of any portion of its life cycle;
(5)
"Cotton grower" means any person who is engaged in and has an economic risk in the business of producing, or causing to be produced, cotton for market;
(6)
"Department" means the Tennessee department of agriculture;
(7)
"Host" means any plant or plant product upon which the boll weevil is dependent for completion of any portion of its life cycle;
(8)
"Infested" means actually infested with a boll weevil, or so exposed to infestation that it would be reasonable to believe that an infestation exists;
(9)
"Permit" means a document issued or authorized by the commissioner to provide for the movement of regulated articles to restricted designations for limited handling, utilization, or processing;
(10)
"Person" means any individual, corporation, company, society, or association, or other business entity; and
(11)
"Regulated article" means any article of any character carrying or capable of carrying the boll weevil, including, but not limited to, cotton plants, seed cotton, other hosts, gin trash and mechanical cotton pickers.
Acts 1989, ch. 350, § 2.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 6 - PEST CONTROL (§§ 43-6-101 — 43-6-503) › Part 4 - ERADICATION OF THE COTTON BOLL WEEVIL (§§ 43-6-401 — 43-6-431) › Section 43-6-403 - Commissioner - Duty - Cooperation with agencies, groups or persons

The commissioner shall carry out programs to destroy and eliminate boll weevils in this state. The commissioner may cooperate with any agency of the federal government, any state, any other agency in this state, or any person engaged in growing, processing, marketing, handling cotton, or any group of such persons in this state in programs to effectuate the purposes of this part, and may enter into written agreements to effectuate those purposes. Such agreements may provide for cost sharing and for division of duties and responsibilities under this part, and may include other provisions generally to effectuate the purposes of this part.
Acts 1989, ch. 350, § 3.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 6 - PEST CONTROL (§§ 43-6-101 — 43-6-503) › Part 4 - ERADICATION OF THE COTTON BOLL WEEVIL (§§ 43-6-401 — 43-6-431) › Section 43-6-404 - Commissioner - Powers

The commissioner may enter cotton fields and other premises in order to carry out such activities, including, but not limited to, treatment with pesticides, and monitoring as may be necessary to carry out this part. The commissioner may inspect any fields or premises in this state and any property located in or on any fields or premises in this state for the purpose of determining whether the property is infested. Such inspection and other activities may be conducted at any reasonable hours falling between sunrise and sunset.
Acts 1989, ch. 350, § 4.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 6 - PEST CONTROL (§§ 43-6-101 — 43-6-503) › Part 4 - ERADICATION OF THE COTTON BOLL WEEVIL (§§ 43-6-401 — 43-6-431) › Section 43-6-405 - Cotton growers - Submission of form

Every person growing cotton in this state shall furnish to the commissioner, on forms supplied by the commissioner, such information as the commissioner may require, concerning the size and location of all commercial cotton fields and of noncommercial patches of cotton grown as ornamentals or for other purposes.
Acts 1989, ch. 350, § 5.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 6 - PEST CONTROL (§§ 43-6-101 — 43-6-503) › Part 4 - ERADICATION OF THE COTTON BOLL WEEVIL (§§ 43-6-401 — 43-6-431) › Section 43-6-406 - Promulgation of rules - Quarantine

Whenever the commissioner determines that such action is necessary, or reasonably appears necessary, to prevent or retard the spread of the boll weevil, the commissioner may promulgate rules quarantining this state, or any portion thereof, and governing the storage or other handling in the quarantined areas of regulated articles and the movement of regulated articles into or from quarantined areas. The commissioner may also promulgate rules governing the movement of regulated articles from other states or portions thereof into this state when the other state is known to be infested.
Acts 1989, ch. 350, § 6.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 6 - PEST CONTROL (§§ 43-6-101 — 43-6-503) › Part 4 - ERADICATION OF THE COTTON BOLL WEEVIL (§§ 43-6-401 — 43-6-431) › Section 43-6-407 - Elimination zones - Designation - Rules - Penalties

The commissioner may designate by rule one (1) or more areas of this state as "elimination zones" where boll weevil eradication programs will be undertaken. The commissioner may promulgate reasonable rules regarding areas where cotton cannot be planted within an elimination zone when there is reason to believe it will jeopardize the success of the program or present a hazard to public health or safety. The commissioner may issue rules prohibiting the planting of noncommercial cotton in elimination zones, and requiring that all growers of commercial cotton in the elimination zones participate in a program of boll weevil eradication, including cost sharing as prescribed in the rules. Notice of the prohibition and requirement shall be given by publication for one (1) day each week for three (3) successive weeks in a newspaper having general circulation in the affected area. The commissioner may set by rule a reasonable schedule of penalty fees to be assessed when growers in designated "elimination zones" do not meet the requirements of rules issued by the commissioner with respect to reporting of acreage and participation in cost sharing as prescribed by rule. Such penalty fee shall not exceed a charge of fifty dollars ($50.00) per acre. When a grower fails to meet the requirements of rules promulgated by the commissioner, the commissioner is authorized in elimination zones to destroy cotton not in compliance with the rules. Costs incurred by the commissioner may be assessed against the grower.
Acts 1989, ch. 350, § 7.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 6 - PEST CONTROL (§§ 43-6-101 — 43-6-503) › Part 4 - ERADICATION OF THE COTTON BOLL WEEVIL (§§ 43-6-401 — 43-6-431) › Section 43-6-408 - Destruction or treatment of cotton in elimination zones

The commissioner may destroy or, in the commissioner's discretion, treat with pesticides volunteer or other noncommercial cotton, and may establish procedures for the purchase and destruction of commercial cotton in elimination zones when the commissioner deems such action necessary to effectuate the purposes of this part. No payment shall be made by the commissioner to the owner or lessee for the destruction or injury of any cotton that was planted in an elimination zone after publication of notice as provided in this part, or was otherwise handled in violation of this part, or the rules adopted pursuant thereto. However, the commissioner shall pay for losses resulting from the destruction of cotton that was planted in such zones prior to publication of the notice.
Acts 1989, ch. 350, § 8.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 6 - PEST CONTROL (§§ 43-6-101 — 43-6-503) › Part 4 - ERADICATION OF THE COTTON BOLL WEEVIL (§§ 43-6-401 — 43-6-431) › Section 43-6-409 - Elimination zones - Restricted entry and regulations

(a)
The commissioner may promulgate rules restricting entry by persons, and location of honeybee colonies in any premises in an elimination zone that have been or are to be treated with pesticides, or otherwise treated to cause the eradication of the boll weevil, or in any other area that may be affected by such treatments.
(b)
(1)
The commissioner may also adopt such other rules and regulations as the commissioner deems necessary to further effectuate the purposes of this part.
(2)
All rules under this part shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1989, ch. 350, §§ 9, 17.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 6 - PEST CONTROL (§§ 43-6-101 — 43-6-503) › Part 4 - ERADICATION OF THE COTTON BOLL WEEVIL (§§ 43-6-401 — 43-6-431) › Section 43-6-410 - Violations - Penalties

(a)
Any person who violates any of the provisions of this part or the rules promulgated under this part, or who alters, forges or counterfeits, or uses without authority, any certificate or permit or other document provided for in this part or in the rules promulgated under this part, commits a Class A misdemeanor.
(b)
Any person who, except in compliance with the rules of the commissioner, moves any regulated article into this state from any other state that the commissioner has determined in such rules is infested, commits a Class A misdemeanor.
Acts 1989, ch. 350, § 10; 1989, ch. 591, § 1.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 6 - PEST CONTROL (§§ 43-6-101 — 43-6-503) › Part 4 - ERADICATION OF THE COTTON BOLL WEEVIL (§§ 43-6-401 — 43-6-431) › Section 43-6-421 - Cotton growers' organization - Certification

(a)
The commissioner may certify a cotton growers' organization for the purpose of entering into agreements with the state of Tennessee, other states, the federal government and other parties as may be necessary to carry out the purposes of this part.
(b)
In order to be eligible for certification by the commissioner, the cotton growers' organization must demonstrate to the satisfaction of the commissioner that:
(1)
It is a nonprofit organization and could qualify as a tax exempt organization under § 501(a) of the Internal Revenue Code of 1954 [
26 U.S.C. § 501(a)
] ;
(2)
Membership in the organization shall be open to all cotton growers in this state;
(3)
The organization shall have only one (1) class of members with each member entitled to only one (1) vote; and
(4)
The organization's board of directors shall be comprised as follows:
(A)
Four (4) Tennessee cotton growers to be appointed by the commissioner;
(B)
One (1) representative from each cotton producer organization certified as a producer organization by the National Cotton Council and eligible to name delegates to such council; and
(C)
One (1) representative of state government from this state to be appointed by the commissioner.
(c)
All books and records of account and minutes of proceedings of the organization shall be available for inspection or audit by the commissioner at any reasonable time.
(d)
Employees or agents of the growers' organization who handle funds of the organization shall be adequately bonded in an amount to be determined by the commissioner.
(e)
If the commissioner finds that the growers' organization meets the requirements set forth in subsection (b), the commissioner shall certify the organization in writing, for the purposes of this part only, and such certification shall not affect any other organization of cotton growers established for other purposes. The commissioner shall certify only one (1) such organization; provided, that the commissioner may revoke the certification of the organization if at any time the organization fails to meet the requirements of this part.
Acts 1989, ch. 350, § 11.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 6 - PEST CONTROL (§§ 43-6-101 — 43-6-503) › Part 4 - ERADICATION OF THE COTTON BOLL WEEVIL (§§ 43-6-401 — 43-6-431) › Section 43-6-422 - Certified cotton growers' organization - Form - Members - Powers - Liabilities

(a)
The certified cotton growers' organization shall be:
(1)
A public corporation and may contract and be contracted with, implead and be impleaded, and complain and defend in all courts; and
(2)
Governed by a board of directors, which shall name its chair, vice chair, and secretary, and determine a quorum for the transaction of its business.
(b)
The certified cotton growers' organization may appoint advisory boards, special committees, legal counsel, and technical and clerical personnel to advise, aid, and assist the organization in the performance of its duties, and fix, if necessary, any compensation for such services.
(c)
The members, officers, and employees of the certified cotton growers' organization operating under this part shall not be held individually responsible to any grower or other person for errors in judgment, mistakes, or other acts of omission or commission, other than their own acts of dishonesty or crime. No member, officer, or employee shall be held individually responsible for any act of omission of any other member of such organization. The liability of the members of the certified cotton growers' organization shall be several and not joint, and no member shall be liable for the default of any other member.
(d)
The certified cotton growers' organization may borrow money or otherwise incur indebtedness, and may expend the moneys so acquired for the purpose of destroying and eradicating the boll weevil in Tennessee. Any indebtedness created pursuant to this subsection (d) shall be repaid from the assessments on the cotton growers provided for in §
43-6-423
or from other funds available to the cotton growers' organization, and shall not constitute a debt of the state or any department, agency, political subdivision, official, or employee of the state. Funds borrowed under this subsection (d) may be expended by the certified cotton growers' organization for the purpose of reducing the annual assessment or increasing the number of years over which cotton growers are required to pay assessments under this part.
Acts 1989, ch. 350, § 12.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 6 - PEST CONTROL (§§ 43-6-101 — 43-6-503) › Part 4 - ERADICATION OF THE COTTON BOLL WEEVIL (§§ 43-6-401 — 43-6-431) › Section 43-6-424 - Referendum - Management and expense

The arrangements for, and management of, any referendum held under this part shall be under the direction of the certified cotton growers' organization. The organization shall bear all expenses incurred in conducting the referendum, to include furnishing the ballots and arranging for the necessary poll holders.
Acts 1989, ch. 350, § 14.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 6 - PEST CONTROL (§§ 43-6-101 — 43-6-503) › Part 4 - ERADICATION OF THE COTTON BOLL WEEVIL (§§ 43-6-401 — 43-6-431) › Section 43-6-425 - Subsequent referenda

(a)
If any referendum conducted under this part fails to receive the required number of affirmative votes, the certified organization may, with the consent of the commissioner, call other referenda.
(b)
After the passage of any referendum, the eligible voters shall be allowed, by subsequent referenda, at least every ten (10) years, to vote on whether to continue their assessments. All of the requirements for an initial referendum shall be met in subsequent referenda.
Acts 1989, ch. 350, § 15; 1995, ch. 324, § 1.