reglab/statecodes huggingface dataset:
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 43-6-426 - Failure to pay assessments and penalties - Commissioner's lien - Rules

(a)
A cotton grower who fails to pay, when due and upon reasonable notice, any assessment levied under this part, shall be subject to a per acre penalty as established in the commissioner's rules, in addition to the assessment.
(b)
A cotton grower who fails to pay all assessments, including penalties, within thirty (30) days of notice of penalty, shall destroy any cotton plants growing on such cotton grower's acreage that is subject to the assessment. Any such cotton plants that are not destroyed shall be deemed to be a public nuisance, and such public nuisance may be abated in the same manner as any public nuisance. The commissioner, with the approval of the attorney general and reporter and upon the relation of the attorney general and reporter, may apply to the circuit court of the judicial district in which the public nuisance is located to have the nuisance condemned and destroyed, with all costs of destruction to be taxed against the grower. This injunctive relief shall be available to the commissioner, notwithstanding the existence of any other legal remedy, and the commissioner shall not be required to file a bond.
(c)
Whenever a cotton grower fails to pay all assessments, penalties, and costs associated with the treatment and/or destruction of a cotton crop, the commissioner may recover the amount due from the buyer of the grower's crop, equal to but not exceeding the amount the buyer paid for the crop. Notice of the commissioner's claim shall be given in writing to the grower and the buyer. The buyer shall pay the commissioner's claim before payment for the crop is made to the grower. Beginning on the date written notice is received by the buyer, the commissioner's claim shall apply to any cotton crop grown by the grower, including future crops, until the commissioner's claim is paid in full. The buyer shall be liable for making the payment to the commissioner; however, any buyer of cotton shall take free of the commissioner's claim if the buyer has not received written notice of the claim by the date the grower receives payment for the crop.
(d)
If the grower's cotton crop fails or is not sufficient to pay the commissioner's claim as provided for in subsection (c), the commissioner shall have a lien of equal dignity with other liens for moneys owed to the state against all real and personal property owned or subsequently acquired by the grower in accordance with §
67-1-1403
. The commissioner shall cause a notice of a lien for payment of the claim to be recorded in the office of the appropriate county register of deeds as provided for in §
67-1-1403
.
(e)
The commissioner may promulgate rules as may be necessary to file a lien to accomplish the purposes of this part.
Acts 1989, ch. 350, § 16; 1999, ch. 410, §§ 1 - 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 43-6-431 - General purpose - Construction

This part is declared to be remedial in nature, and shall be liberally construed to effectuate its purposes.
Acts 1989, ch. 350, § 18.
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 5 - SUPPRESSION OF BLACK FLIES (§§ 43-6-501 — 43-6-503) › Section 43-6-501 - Legislative intent

The general assembly recognizes the negative impact of uncontrolled populations of simulium jenningsi and simulium fibrinflatum ("black flies") on the economy and quality of life of a region. The general assembly also recognizes that the tourism and agricultural industries can be particularly affected by an overpopulation of black flies and that an overpopulation may be likely to spread throughout the eastern part of the state as black fly populations increase with the improvement of water quality. The general assembly believes that it is important to explore potential solutions to black fly infestation before the black fly problem becomes unmanageable and industries important to the state suffer the consequences of state inaction.
Acts 2006, ch. 981, § 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 5 - SUPPRESSION OF BLACK FLIES (§§ 43-6-501 — 43-6-503) › Section 43-6-502 - Study of biological suppression program

(a)
The University of Tennessee shall initiate and administer a two-year black fly suppression program using a biological control agent in the Greenbrier Valley and the areas adjacent to the Pigeon River under the supervision of the department of agriculture. The university shall study the biological and socioeconomic effects of the suppression program on the region. The university shall report its findings to the department of agriculture and the department of environment and conservation. The university shall also report the results of the program to the energy, agriculture and natural resources committee of the senate and the agriculture and natural resources committee of the house of representatives.
(b)
The Tennessee wildlife resources agency is authorized to participate in the black fly suppression program in order to promote wildlife management by improving the quality of hunting and fishing conditions in the subject area.
(c)
None of the funds for the program authorized by this section shall be expended until all authorizations required by law have become final and effective, including, but not limited to, a permit required by the Water Quality Control Act of 1977, compiled in title 69, chapter 3, part 1.
Amended by 2013 Tenn. Acts, ch. 236,s 75, eff. 4/19/2013.
Acts 2006, ch. 981, § 1; 2007, ch. 563, § 1; 2012, ch. 604, § 16.
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 5 - SUPPRESSION OF BLACK FLIES (§§ 43-6-501 — 43-6-503) › Section 43-6-503 - Biological control agent

The biological control agent used in the program shall be known to pose no significant threat to people, animals, or the environment as used by the program. The department of agriculture is authorized to suspend the program indefinitely, if the agency has reason to believe that the safety of the citizens or the integrity of the environment of the subject area is threatened.
Acts 2006, ch. 981, § 1.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 8 - PESTICIDES (§§ 43-8-101 — 43-8-315) › Part 1 - GENERAL PROVISIONS (§§ 43-8-101 — 43-8-116) › Section 43-8-101 - Short title

This part and part 2 of this chapter shall be known and may be cited as the "Tennessee Insecticide, Fungicide, and Rodenticide Act."
Acts 1951, ch. 150, § 1 (Williams, § 6808.7); T.C.A. (orig. ed.), § 43-701; Acts 1980, ch. 539, § 1.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 8 - PESTICIDES (§§ 43-8-101 — 43-8-315) › Part 1 - GENERAL PROVISIONS (§§ 43-8-101 — 43-8-116) › Section 43-8-103 - Pesticides - Prohibitions as to sale or transportation

(a)
It is unlawful for any person to distribute, sell, or offer for sale within the state of Tennessee, or deliver for transportation or transport in intrastate commerce or between points within this state through any point outside this state any of the following:
(1)
Any pesticide that is not registered pursuant to §
43-8-104
, or any pesticide where claims or directions for use differ in substance from the representations made in connection with its registration or if the composition of the pesticide differs from its composition as represented in connection with its registration;
(2)
Any pesticide, unless it is in the registrant's or the manufacturer's unbroken immediate container, and there is affixed to such container, and to any outside container or wrapper of the retail package where required information on the immediate container cannot be clearly read, a label bearing:
(A)
The name and address of the manufacturer, registrant or person for whom manufactured;
(B)
The name, brand or trademarks under which the article is sold; and
(C)
The net weight or measure of the contents subject, however, to such reasonable variations as the commissioner may permit;
(3)
Any pesticide that contains any substance or substances in quantities highly toxic to humans, determined as provided in §
43-8-106
, unless the label bears, in addition to any other matter required by this part and part 2 of this chapter:
(A)
The skull and crossbones;
(B)
The word "poison" prominently, in red on a background of distinctly contrasting color; and
(C)
A statement of an antidote for the pesticide; or
(4)
Any pesticide that is adulterated or misbranded.
(b)
A violation of this section is a Class A misdemeanor.
Acts 1951, ch. 150, § 3 (Williams, § 6808.9); 1975, ch. 239, § 1; T.C.A. (orig. ed.), § 43-703; Acts 1980, ch. 539, § 3; 1989, ch. 591, § 113; 2004, ch. 464, § 1.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 8 - PESTICIDES (§§ 43-8-101 — 43-8-315) › Part 1 - GENERAL PROVISIONS (§§ 43-8-101 — 43-8-116) › Section 43-8-105 - Defacing or destroying label, refusing information, false guaranty, revelation of formula, noncooperation with officials prohibited

It is unlawful:
(1)
For any person to detach, alter, deface, or destroy, in whole or in part, any label or labeling provided for in this part and part 2 of this chapter or the rules and regulations promulgated hereunder, or to add any substance to, or take any substance from, a pesticide in a manner that may defeat the purposes of this part and part 2 of this chapter;
(2)
For any manufacturer, distributor, dealer, carrier, or other person to refuse, upon written request specifying the nature or kind of pesticide to which such request relates, to furnish to or permit any person designated by the commissioner to have access to and to copy such records of business transactions as may be essential in carrying out the purposes of this part and part 2 of this chapter;
(3)
For any person to give a guaranty or undertaking provided for in §
43-8-108
that is false in any particular, except that a person who receives and relies upon a guaranty authorized under §
43-8-108
may give a guaranty to the same effect, which guaranty shall contain, in addition to such person's own name and address, the name and address of the person residing in the United States from whom such person received the guaranty or undertaking;
(4)
For any person to use for the person's own advantage or to reveal, other than to the commissioner, or officials or employees of the state of Tennessee, or officials or employees of the United States department of agriculture, or other federal agencies, or to the courts in response to a subpoena, or to physicians, and in emergencies to pharmacists and other qualified persons, for use in the preparation of antidotes, in accordance with such directions as the commissioner may prescribe, any information relative to formulas of products acquired by authority of §
43-8-104
;
(5)
For any person to oppose or interfere in any way with the commissioner or the commissioner's duly authorized agents in carrying out the duties imposed by this part and part 2 of this chapter;
(6)
For any person to handle, transport, store, display or distribute pesticides in such a manner as to endanger health and the environment or to endanger food, feed, or other products that may be transported, stored, displayed or distributed with such pesticides; or
(7)
For any person to dispose of, discard or store any pesticide or pesticide containers in such a manner as to cause injury to humans, vegetation, crops, livestock, wildlife, beneficial insects or to pollute any water supply or waterways.
Acts 1951, ch. 150, § 3 (Williams, § 6808.9); T.C.A. (orig. ed.), § 43-704; Acts 1980, ch. 539, § 4; T.C.A. §
43-8-104
.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 8 - PESTICIDES (§§ 43-8-101 — 43-8-315) › Part 1 - GENERAL PROVISIONS (§§ 43-8-101 — 43-8-116) › Section 43-8-106 - Powers of commissioner

(a)
The commissioner is authorized, after opportunity for a hearing, to:
(1)
Declare any form of plant or animal life or virus that is injurious to plants, humans, domestic animals, articles or substances to be a pest;
(2)
Determine whether pesticides are highly toxic to humans; and
(3)
Determine standards of coloring or discoloring for pesticides.
(b)
The commissioner is further authorized to:
(1)
Collect and undertake laboratory analysis of pesticides to determine their compliance with the requirements of this part and part 2 of this chapter; and the commissioner has the authority at all reasonable hours to enter into any car, warehouse, store, building, boat vessel or other place where pesticides are held for distribution or sale for the purpose of inspection or sampling, to procure samples for analysis or examination from any lot, package or parcel containing a pesticide;
(2)
Publish from time to time information concerning the production, sale and use of any pesticide and make reports of the results of any analysis based on official samples of pesticides sold within the state;
(3)
Classify pesticides for general use and/or restricted use, as well as those prohibited from use by regulation; provided, that the regulations shall be consistent with the requirements of the federal Insecticide, Fungicide and Rodenticide Act and regulations as administered by the environmental protection agency; and
(4)
Review periodically the records of sales of restricted use pesticides by licensed dealers.
(c)
The commissioner is authorized to promulgate such reasonable regulations relating to the sale and distribution of pesticides as the commissioner may find necessary to carry out the full intent and meaning of this part and part 2 of this chapter.
(d)
The commissioner is authorized and empowered to cooperate with, and enter into agreements with, any other agency of this state, another state, or the federal government for the purpose of carrying out this part and part 2 of this chapter.
Acts 1951, ch. 150, § 6 (Williams, § 6808.12); 1975, ch. 239, § 3; T.C.A. (orig. ed.), § 43-707; Acts 1980, ch. 539, § 7; 1988, ch. 878, § 4; T.C.A. §
43-8-107
.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 8 - PESTICIDES (§§ 43-8-101 — 43-8-315) › Part 1 - GENERAL PROVISIONS (§§ 43-8-101 — 43-8-116) › Section 43-8-107 - Notice given of violations - Hearing - Prosecution upon certification of facts

(a)
If it appears from the examination or evidence that this part and part 2 of this chapter or the rules and regulations issued under this part or part 2 of this chapter have been violated, the commissioner may cause notice of the violations to be given to the registrant, distributor, and possessor from whom the sample or evidence was taken. Any party so notified shall be given an opportunity to be heard under such rules and regulations as may be prescribed by the commissioner. If it appears after such hearing that there has been a sufficient number of violations of this part and part 2 of this chapter or the rules and regulations issued under this part and part 2 of this chapter, the commissioner may certify the facts to the district attorney general or the county attorney or the city attorney for the county or municipality in which the violation shall have occurred, and furnish that officer with a copy of the results of the examination of such sample duly authenticated by the state chemist or other officer making the examination. It shall be the duty of every such attorney to whom the commissioner shall report any violation of this part and part 2 of this chapter to cause proceedings to be prosecuted without delay for the fines and penalties in such cases. Any person convicted of violating any provision of this part and part 2 of this chapter or the rules and regulations issued thereunder commits a Class A misdemeanor.
(b)
Nothing in this section shall be construed as requiring the commissioner to report for the institution of proceedings under this part and part 2 of this chapter, minor violations of this part and part 2 of this chapter, whenever the commissioner believes that the public interest will be adequately served in the circumstances by a suitable written notice or warning.
Acts 1951, ch. 150, § 7 (Williams, § 6808.13); T.C.A. (orig. ed.), § 43-708; Acts 1989, ch. 591, § 113; T.C.A. §
43-8-108
; Acts 2004, ch. 464, § 2.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 8 - PESTICIDES (§§ 43-8-101 — 43-8-315) › Part 1 - GENERAL PROVISIONS (§§ 43-8-101 — 43-8-116) › Section 43-8-108 - Exemptions from penalties

(a)
The penalties provided for violations of §
43-8-103
do not apply to:
(1)
Any carrier, while lawfully engaged in transporting a pesticide within this state, if the carrier shall, upon request, permit the commissioner or the commissioner's designated agent to copy all records showing the transactions in and movements of the articles;
(2)
Public officials of this state and the federal government engaged in the performance of their official duties;
(3)
The manufacturer or shipper of a pesticide for experimental use only:
(A)
By or under the supervision of an agency of this state or of the federal government authorized by law to conduct research in the field of pesticides; or
(B)
By others if the pesticide is not sold and if the container thereof is plainly and conspicuously marked "for experimental use only - not to be sold," together with the manufacturer's name and address; provided, that if a written permit has been obtained from the commissioner, pesticides may be sold for experimental purposes subject to such restrictions and conditions as may be set forth in the permit; or
(4)
Any person who establishes a guaranty signed by, and containing the name and address of, the registrant or person residing in the United States from whom such person purchased and received in good faith the article in the same unbroken package, to the effect that the article was lawfully registered at the time of sale and delivery to such person, and that it complies with the other requirements of this part and part 2 of this chapter, designating this part and part 2 of this chapter. In such case the guarantor shall be subject to the penalties that would otherwise attach to the person holding the guaranty under this part and part 2 of this chapter.
(b)
This part and part 2 of this chapter shall not apply to any preparation, drug, or chemical intended to be used or sold solely for medicinal use or for toilet purposes.
Acts 1951, ch. 150, § 8 (Williams, § 6808.14); T.C.A. (orig. ed.), § 43-709; Acts 1980, ch. 539, § 9; T.C.A., §
43-8-109
.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 8 - PESTICIDES (§§ 43-8-101 — 43-8-315) › Part 1 - GENERAL PROVISIONS (§§ 43-8-101 — 43-8-116) › Section 43-8-109 - Injunction obtained to restrain violations

In addition to other remedies provided in this part, the commissioner may apply to any court having chancery jurisdiction in the county where a violation occurs, for a temporary or permanent injunction restraining any person from violating any provision of this part and part 2 of this chapter or regulations promulgated pursuant to this part and part 2 of this chapter, irrespective of whether there exists an adequate remedy at law.
Acts 1951, ch. 150, § 4 (Williams, § 6808.10); T.C.A. (orig. ed.), § 43-705; Acts 1980, ch. 539, § 8; T.C.A. §
43-8-105
.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 8 - PESTICIDES (§§ 43-8-101 — 43-8-315) › Part 1 - GENERAL PROVISIONS (§§ 43-8-101 — 43-8-116) › Section 43-8-110 - "Stop sale, use, or removal" orders - Issuance and enforcement

It is the duty of the commissioner to issue and enforce a written or printed "stop sale, use, or removal" order to the owner or custodian of any lot of pesticide and to hold at a designated place when the commissioner finds the pesticide is being offered or exposed for sale in violation of any of the provisions of this chapter, until the law has been complied with and the pesticide is released in writing by the commissioner or the violation has been otherwise legally disposed of by written authority; provided, that the owner or custodian of the pesticide shall have the right to appeal from such order to a court of competent jurisdiction in the county or city where the pesticides are found, praying for a judgment as to the justification of the order, and for the discharge of the pesticide from the order prohibiting the sale in accordance with the findings of the court; and provided further, that this section shall not be construed as limiting the right of the enforcement officer to proceed as authorized by other provisions of this part and part 2 of this chapter. The commissioner shall release the pesticide so withdrawn when the requirements of this part and part 2 of this chapter have been complied with and upon payment of all costs and expenses incurred in connection with the withdrawal.
Acts 1951, ch. 150, § 9 (Williams, § 6808.15); T.C.A. (orig. ed.), § 43-710; Acts 1980, ch. 539, § 10.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 8 - PESTICIDES (§§ 43-8-101 — 43-8-315) › Part 1 - GENERAL PROVISIONS (§§ 43-8-101 — 43-8-116) › Section 43-8-111 - Seizure, condemnation and sale of pesticide for noncompliance with provisions of law

(a)
Any lot of pesticide not in compliance with this part and part 2 of this chapter shall be subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the area in which the pesticide is located. In the event the court finds the pesticide to be in violation of this part and part 2 of this chapter and orders the condemnation of the pesticide, it shall be disposed of in any manner consistent with the quality of the pesticide and the laws of the state; provided, that in no instance shall the disposition of the pesticide be ordered by the court without first giving the claimant an opportunity to apply to the court for the release of the pesticide or for permission to process or relabel the product to bring it into compliance with this part and part 2 of this chapter.
(b)
When a decree of condemnation is entered against a pesticide, court costs and fees, storage, and other proper expenses shall be awarded against the person, if any, intervening as claimant of the pesticide.
Acts 1951, ch. 150, § 10 (Williams, § 6808.16); T.C.A. (orig. ed.), § 43-711; Acts 1980, ch. 539, § 10.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 8 - PESTICIDES (§§ 43-8-101 — 43-8-315) › Part 1 - GENERAL PROVISIONS (§§ 43-8-101 — 43-8-116) › Section 43-8-112 - Authority vested in commissioner delegable to department of agriculture employees

All authority vested in the commissioner by virtue of this part and part 2 of this chapter may with like force and effect be executed by such employees of the department of agriculture as the commissioner may from time to time designate for such purpose.
Acts 1951, ch. 150, § 11 (Williams, § 6808.17); T.C.A. (orig. ed.), § 43-712.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 8 - PESTICIDES (§§ 43-8-101 — 43-8-315) › Part 1 - GENERAL PROVISIONS (§§ 43-8-101 — 43-8-116) › Section 43-8-113 - Establishment of fees

(a)
Commercial pesticide applicator certification fee shall be set by rule pursuant to §
43-1-703
.
(b)
Private pesticide applicator certification fee shall be set by rule pursuant to §
43-1-703
.
(c)
Solicitor/technician card fee shall be set by rule pursuant to §
43-1-703
.
(d)
Special local need (24-C) fee shall be set by rule pursuant to §
43-1-703
.
Amended by 2015 Tenn. Acts, ch. 485,s 7, eff. 7/1/2015.
Acts 1951, ch. 150, § 12 (Williams, § 6808.18); T.C.A. (orig. ed.), § 43-713.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 8 - PESTICIDES (§§ 43-8-101 — 43-8-315) › Part 1 - GENERAL PROVISIONS (§§ 43-8-101 — 43-8-116) › Section 43-8-114 - Local regulation of pesticides

(a)
Except as provided in §
43-8-115
or §
62-21-118(b)
, no city, town, county or other political subdivision of this state shall adopt or continue in effect any ordinance, rule, regulation or statute regarding pesticide sale or use, including, but not limited to, registration, notification of use, advertising and marketing, distribution, applicator training and certification, storage, transportation, disposal, disclosure of confidential information or product composition.
(b)
No provision of this section shall be construed to limit the authority of a city, town or county to zone for storage of such products or to provide or designate sites for disposal of such products, to regulate discharge to a sanitary sewer system or to implement an approved pesticide management plan as may be required by the Safe Drinking Water Act.
(c)
This section does not apply to any municipality having a population of not less than sixteen thousand five hundred (16,500) nor more than seventeen thousand five hundred (17,500), according to the 1990 federal census or any subsequent federal census.
Acts 1992, ch. 667, §§ 2, 5.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 8 - PESTICIDES (§§ 43-8-101 — 43-8-315) › Part 1 - GENERAL PROVISIONS (§§ 43-8-101 — 43-8-116) › Section 43-8-115 - Agreements with certain municipal or county governments to implement the enforcement provisions of this chapter

(a)
Notwithstanding this section, §
43-8-114
, §
62-21-118(b)
, §
62-21-129
or any other law to the contrary, the commissioner shall enter into an agreement with any municipal and/or county government, within any county having a population in excess of two hundred fifty thousand (250,000), according to the 1990 federal census or any subsequent federal census, that requests authority to implement the enforcement provisions of this chapter, its equivalent or any part thereof, in its respective area of jurisdiction; provided, that each of the following conditions are met:
(1)
The local government program standards are not less stringent than those of state law and regulations;
(2)
The local government will adequately implement and enforce the program in the respective area of jurisdiction; and
(3)
Upon execution of the agreement, the local government will be the sole entity responsible for implementation and enforcement of the local government program standards adopted.
(b)
As used in subsection (a), "respective area of jurisdiction" means:
(1)
In the case of a municipal government that enters into an agreement pursuant to subsection (a), the area lying within the corporate boundaries of the municipality; and
(2)
In the case of a county government that enters into an agreement pursuant to subsection (a), the area lying within the boundaries of the county excluding that portion located within the corporate boundaries of a municipal government that has entered, or that subsequently enters, into an agreement pursuant to subsection (a).
(c)
The commissioner shall retain the right to exercise oversight and evaluation of performance of local government and may terminate the agreement if, after an administrative hearing pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, it is found that the local program does not meet the state standards.
(d)
Local governments that enter into an agreement pursuant to subsection (a) have the authority through their local legislative bodies to enact fees to provide for the administrative, regulatory and enforcement costs of the program.
Acts 1992, ch. 667, § 4.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 8 - PESTICIDES (§§ 43-8-101 — 43-8-315) › Part 1 - GENERAL PROVISIONS (§§ 43-8-101 — 43-8-116) › Section 43-8-116 - Offense of use of pesticide in manner that causes harm

(a)
It is an offense for any person to knowingly use a pesticide in a manner inconsistent with its labeling so as to cause harm to persons, animals, property or the environment.
(b)
A violation of this section is a Class A misdemeanor punishable by fine or a term of imprisonment not to exceed thirty (30) days, or both.
(c)
This section shall be construed to be supplemental to §
43-8-306
.
Acts 2007, ch. 395, § 1.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 8 - PESTICIDES (§§ 43-8-101 — 43-8-315) › Part 2 - PESTICIDE DEALERS (§§ 43-8-201 — 43-8-206) › Section 43-8-201 - Pesticide dealers - License required

(a)
No person shall sell or offer for sale within this state pesticides classified by the commissioner as being for restricted use, unless such person is the holder of a valid pesticide dealer license. A separate license shall be obtained for each location or outlet from which business is conducted.
(b)
No person shall sell or offer for sale within this state any pesticide classified by the commissioner as being for restricted use unless the person to whom the sale is made holds a valid certificate or license issued by the department of agriculture, as required by §
62-21-115
. The pesticide dealer shall require that each purchaser show evidence of such certificate or license prior to finalizing the sale.
(c)
Pesticide dealer license fee shall be set by rule pursuant to §
43-1-703
.
Amended by 2015 Tenn. Acts, ch. 485,s 5, eff. 7/1/2015.
Acts 1975, ch. 239, § 2; T.C.A., § 43-706; Acts 1980, ch. 539, § 5; 2004, ch. 464, § 3.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 8 - PESTICIDES (§§ 43-8-101 — 43-8-315) › Part 2 - PESTICIDE DEALERS (§§ 43-8-201 — 43-8-206) › Section 43-8-203 - Qualifications for pesticide dealer license

Each applicant for an original license must demonstrate, upon written, or written and oral, examination to be prescribed by the commissioner, the applicant's knowledge of pesticides, their usefulness and their hazards, the applicant's competence as a pesticide dealer and the applicant's knowledge of the laws and regulations governing the use and sale of pesticides.
Acts 1975, ch. 239, § 2; T.C.A., § 43-706; Acts 1980, ch. 539, § 5.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 8 - PESTICIDES (§§ 43-8-101 — 43-8-315) › Part 2 - PESTICIDE DEALERS (§§ 43-8-201 — 43-8-206) › Section 43-8-205 - Pesticide dealer's employees - List of names furnished to commissioner - Dealer's responsibility for employees' actions

(a)
Every licensed pesticide dealer shall submit to the commissioner with each application for an original or renewal license, and at such other times as the commissioner may prescribe, the names of all persons employed by the pesticide dealer who sell or solicit the sale of restricted use pesticides.
(b)
Each pesticide dealer shall be responsible for the action of every person who acts as the dealer's employee or agent in the solicitation or sale of pesticides, and in all claims and recommendations for use or application of pesticides; however, it is not the intent of this section to license a pesticide applicator who sells pesticides as an integral part of such applicator's services when such applicator has complied with existing applicators' laws.
Acts 1975, ch. 239, § 2; T.C.A., § 43-706; Acts 1980, ch. 539, § 5.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 8 - PESTICIDES (§§ 43-8-101 — 43-8-315) › Part 2 - PESTICIDE DEALERS (§§ 43-8-201 — 43-8-206) › Section 43-8-206 - Records of restricted use pesticides

(a)
Every licensed pesticide dealer shall maintain records necessary to identify all purchasers of restricted use pesticides.
(b)
Each pesticide dealer's records shall include the name of the purchaser, the purchaser's certification number, and the name and the amount of the pesticide purchased.
Acts 1988, ch. 878, § 3.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 8 - PESTICIDES (§§ 43-8-101 — 43-8-315) › Part 3 - AERIAL APPLICATION OF PESTICIDES (§§ 43-8-301 — 43-8-315) › Section 43-8-301 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Adjuvant" means any substance that, when added to a pesticide, is intended to aid, modify or enhance its effectiveness by its properties of serving as a wetting agent, detergent, spreading agent, synergist, deposit builder, adhesive, surfactant, emulsifying agent, deflocculating agent, water modifier, or similar agent, with or without toxic properties of its own, and when sold in a package or container separate from that of the pesticide with which it is to be used;
(2)
"Aircraft" means any contrivance known or hereafter invented that is used or designed for navigation of or flight in the air over land or water and is designed or adaptable for use in applying pesticides in any form;
(3)
"Commercial aerial applicator" means any person who engages in the application of pesticides by aircraft;
(4)
"Commissioner" means the commissioner of agriculture, or the commissioner's authorized agent;
(5)
"Custom application of pesticides" means any application of pesticides for hire;
(6)
"Department" means the department of agriculture;
(7)
"Licensee" means any person duly licensed under this part;
(8)
"Person" means any individual, partnership, firm, corporation, company, trust, association, or other legal entity;
(9)
"Pesticide" means any substance or mixture of substances, or chemical intended for defoliating or desiccating plants, or for preventing, destroying, repelling, or mitigating any insects, rodents, fungi, bacteria, weeds, or other form of plant or animal life the commissioner declares to be a pest. This includes, but is not limited to, insecticide, fungicide, bactericide, herbicide, desiccant, defoliant, adjuvant or nematocide;
(10)
"Pilot" means any person flying an aircraft; and
(11)
"Restricted use pesticide" means a pesticide that the commissioner has so designated by regulation under the Tennessee Insecticide, Fungicide and Rodenticide Act, compiled in parts 1 and 2 of this chapter.
Acts 1973, ch. 90, § 1; 1974, ch. 431, § 1; 1975, ch. 209, § 1; T.C.A., §§ 43-2901, 43-9-101; Acts 1996, ch. 805, §§ 5, 6.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 8 - PESTICIDES (§§ 43-8-101 — 43-8-315) › Part 3 - AERIAL APPLICATION OF PESTICIDES (§§ 43-8-301 — 43-8-315) › Section 43-8-302 - Powers and duties of commissioner

The commissioner has and shall exercise the following powers and duties:
(1)
Promulgate rules and regulations that the commissioner determines are necessary to implement and supplement this part and provide for its orderly administration;
(2)
Prescribe qualifications for applicants for licenses to engage in the custom application of pesticides and render such tests as are necessary to determine whether the applicant meets the qualifications;
(3)
Obtain the advice of members of the commercial aerial applicators industry before issuing rules, regulations, or qualifications for applicants for licenses;
(4)
Issue licenses to qualified applicants and collect the appropriate fees;
(5)
Hold hearings to determine whether or not any violation of this part or rules and regulations issued pursuant thereto has taken place, and transmit any information or material to the local district attorney general for prosecution if the commissioner determines that a violation has occurred;
(6)
Suspend or revoke any permit following a hearing as provided for in §
43-8-305
;
(7)
Declare states of emergency and issue temporary permits as provided for in §
43-8-309
;
(8)
Require that licensees maintain records and submit reports as necessary to show the nature and extent of their operation and any other information necessary to carry out the provisions and intent of this part;
(9)
Impose such limitations on the licenses granted to pilots, particularly with respect to compliance with the Tennessee Insecticide, Fungicide and Rodenticide Act, compiled as parts 1 and 2 of this chapter, as the commissioner may find necessary after determination of the applicant's qualifications;
(10)
Promulgate rules and regulations as required by the environmental protection agency; and
(11)
Inspect periodically the operation and conduct of licensees.
(12)
[Deleted by 2020 amendment.]
Amended by 2020 Tenn. Acts, ch. 621, Secs.s2, s3, s4 eff. 3/25/2020.
Amended by 2018 Tenn. Acts, ch. 798, s 1, eff. 7/1/2018.
Acts 1973, ch. 90, § 2; 1975, ch. 209, § 2; 1977, ch. 210, § 1; T.C.A., §§ 43-2902, 43-9-102; Acts 1988, ch. 878, § 5.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 8 - PESTICIDES (§§ 43-8-101 — 43-8-315) › Part 3 - AERIAL APPLICATION OF PESTICIDES (§§ 43-8-301 — 43-8-315) › Section 43-8-304 - Licensing requirements - Insurance

(a)
Each licensee-pilot must hold a valid federal aviation administration agranaut license and prove the licensee's proficiency to the commissioner. These requirements can be supplemented by rule or regulation issued by the commissioner.
(b)
An acceptable liability insurance policy in the amount of one hundred thousand dollars ($100,000) shall be in effect, and proof of insurance shall accompany each application for license for an aircraft.
(c)
The aircraft licenses shall be prominently displayed on each aircraft and each pilot must carry the license any time the pilot is working as a pilot engaged in custom application of pesticides.
(d)
Any person applying for a license as a commercial aerial applicator shall have first obtained a certification in the category of pesticides that they intend to apply, as provided in the Tennessee Application of Pesticides Act of 1978, compiled in title 62, chapter 21, or provide sufficient evidence of an equivalent certification from a state with which the state of Tennessee has a current and official reciprocal agreement.
(e)
Any person applying for a license as a commercial aerial applicator shall take an examination administered by the department of agriculture as directed by the commissioner in order to determine if the applicant has the knowledge and technical qualifications necessary for the issuance of a license.
(f)
Aerial applicators holding a current license under Tennessee law may renew the license without examination, but the renewed license shall be subject to whatever restrictions or limitations as are indicated by the license pursuant to §
43-8-302(9)
.
(g)
Aerial applicator license fee shall be set by rule pursuant to §
43-1-703
.
(h)
Aerial decal fees shall be set by rule pursuant to §
43-1-703
.
Amended by 2015 Tenn. Acts, ch. 485,s 8, eff. 7/1/2015.
Acts 1973, ch. 90, § 4; 1974, ch. 431, § 1; T.C.A., §§ 43-2904, 43-9-104; Acts 2003, ch. 120, § 1.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 8 - PESTICIDES (§§ 43-8-101 — 43-8-315) › Part 3 - AERIAL APPLICATION OF PESTICIDES (§§ 43-8-301 — 43-8-315) › Section 43-8-305 - Notice and hearing on violations - Injunctions for violations - Commissioner's subpoena power - Penalties - Petition for review

(a)
In the event the commissioner has reason to believe a licensee has violated any of the provisions of this part, including the rules and regulations promulgated under this part, the licensee shall be notified and a hearing shall be conducted in accordance with the contested case provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3.
(b)
The commissioner, on determining that any person may have violated any provision of this part, may petition for injunctive relief from further violation. The petition shall be addressed to the chancery court in the county in which the offense occurred. The court, on determining that probable cause of a violation of this part exists, shall issue appropriate injunctive relief.
(c)
The commissioner has the power to subpoena any persons or records incident to the hearing and a charge of contumacy may be filed for those who refuse to comply.
(d)
Upon a finding that a violation has occurred, the commissioner may:
(1)
Issue a civil penalty not to exceed two thousand five hundred dollars ($2,500) per violation;
(2)
Permanently revoke the license;
(3)
Temporarily revoke the license;
(4)
Suspend the license for a definite period of time; or
(5)
Impose other conditions as are necessary for environmental or public safety.
(e)
The action of the commissioner may be reviewed by filing a petition for review in the chancery court of Davidson County in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. The decision of the commissioner shall remain final until modified by the commissioner or by the courts.
Acts 1973, ch. 90, § 5; T.C.A., §§ 43-2905, 43-9-105; Acts 2006, ch. 626, § 2.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 8 - PESTICIDES (§§ 43-8-101 — 43-8-315) › Part 3 - AERIAL APPLICATION OF PESTICIDES (§§ 43-8-301 — 43-8-315) › Section 43-8-306 - Violations - Penalties

Operating as a commercial aerial applicator without a license, using or applying a pesticide in a manner that is not consistent with the label or label restrictions, or otherwise violating this part, including any rules or regulations, is a Class A misdemeanor.
Acts 1973, ch. 90, § 6; 1977, ch. 210, § 3; T.C.A., §§ 43-2906, 43-9-106; Acts 1989, ch. 591, § 113; 2003, ch. 120, § 3.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 8 - PESTICIDES (§§ 43-8-101 — 43-8-315) › Part 3 - AERIAL APPLICATION OF PESTICIDES (§§ 43-8-301 — 43-8-315) › Section 43-8-307 - Enjoining violations

The commissioner, on determining that any person, firm, partnership, or corporation may have violated any provision of this part, may petition for injunctive relief from further violation. The petition shall be addressed to the chancery court in the county in which the offense occurred or in which the offender's principal place of business is located, or where the offender is doing business or resides. The chancellor, on determining that probable cause of a violation of this part exists, shall issue appropriate injunctive relief.
Acts 1973, ch. 90, § 7; T.C.A., §§ 43-2907, 43-9-107.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 8 - PESTICIDES (§§ 43-8-101 — 43-8-315) › Part 3 - AERIAL APPLICATION OF PESTICIDES (§§ 43-8-301 — 43-8-315) › Section 43-8-308 - Exemption from law

(a)
This part does not apply to local, state, or federal government aerial operations nor where legitimate agricultural experiments are being conducted as recognized by the commissioner, nor shall this part apply where a landowner wishes to make an application of pesticides with the landowner's personally owned aircraft on the landowner's personally owned land.
(b)
The exemptions enumerated in this section do not apply to any user of pesticides that have been designated for restricted use.
Acts 1973, ch. 90, § 8; 1975, ch. 209, § 3; T.C.A., §§ 43-2908, 43-9-108.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 8 - PESTICIDES (§§ 43-8-101 — 43-8-315) › Part 3 - AERIAL APPLICATION OF PESTICIDES (§§ 43-8-301 — 43-8-315) › Section 43-8-309 - State of emergency - Temporary permits - Fee - Bond of nonresidents

(a)
The commissioner is authorized to declare a state of emergency if there is an epidemic or plague of such proportions to endanger public health and safety, or to threaten loss or severe damage to a crop. Under such conditions, the commissioner is authorized or empowered to permit additional commercial aerial applicators to operate within the state and shall issue temporary permits for the same. A fee of one hundred dollars ($100) shall accompany each application for a permit.
(b)
All nonresident licensees or nonresident persons issued temporary permits shall file with the department an acceptable liability insurance policy in the amount of one hundred thousand dollars ($100,000) guaranteeing an answer for damages resulting from custom application of pesticides. In addition, every nonresident licensee is required to appoint a resident service agent.
Acts 1973, ch. 90, § 9; 1974, ch. 431, § 1; 1975, ch. 209, § 4; 1977, ch. 210, § 4; T.C.A., §§ 43-2909, 43-9-109.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 8 - PESTICIDES (§§ 43-8-101 — 43-8-315) › Part 3 - AERIAL APPLICATION OF PESTICIDES (§§ 43-8-301 — 43-8-315) › Section 43-8-310 - Denial of licensing - Contesting denial

The commissioner of agriculture may deny licensing to applicants not meeting the requirements for certification or licensing or for violations of the rules or statutes concerning the use, purchase or sale of pesticides; provided, however, that any person denied certification or licensure may contest the decision by requesting a hearing under the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 2003, ch. 120, § 2.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 8 - PESTICIDES (§§ 43-8-101 — 43-8-315) › Part 3 - AERIAL APPLICATION OF PESTICIDES (§§ 43-8-301 — 43-8-315) › Section 43-8-311 - Photographic identification

Aerial applicators shall have in their possession a valid aerial applicators license, containing photographic identification, issued by the Tennessee department of agriculture, at all times when they are engaged in the aerial application of pesticides in the state of Tennessee.
Acts 2003, ch. 120, § 2.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 8 - PESTICIDES (§§ 43-8-101 — 43-8-315) › Part 3 - AERIAL APPLICATION OF PESTICIDES (§§ 43-8-301 — 43-8-315) › Section 43-8-312 - [Repealed]

Repealed by 2020 Tenn. Acts, ch. 621,s 1, eff. 3/25/2020.
Amended by 2018 Tenn. Acts, ch. 798,s 2, eff. 7/1/2018.
Acts 2003, ch. 120, § 2.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 8 - PESTICIDES (§§ 43-8-101 — 43-8-315) › Part 3 - AERIAL APPLICATION OF PESTICIDES (§§ 43-8-301 — 43-8-315) › Section 43-8-313 - Securing aircraft

All aircraft licensed under this chapter shall be secured or otherwise rendered inoperable by means of a prop chain lock, gust lock, throttle restriction, or other measures acceptable to the commissioner of agriculture except when the aircraft is in use or under the direct control of an aerial applicator licensed under this chapter or under the direct responsibility of an airport operator.
Acts 2003, ch. 120, § 2.