reglab/statecodes huggingface dataset:
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 43-8-314 - Log Records - Product Label Directions

(a)
Aerial applicators shall maintain a log record for a period of thirty-six (36) months on each application. Such record shall be made available on demand to the commissioner for review and copies shall be provided to representatives of the department of agriculture upon request. Aerial applicators located outside the boundaries of the state of Tennessee shall submit a certified copy of any log record for any or all applications as required by the commissioner within forty-eight (48) hours at a time and location designated by the commissioner.
(b)
The log record shall clearly set out the following information relative to each pesticide application:
(1)
The pesticide used and its EPA registration number;
(2)
The crop or plant to which the pesticide was applied;
(3)
The dosage rate of the application;
(4)
The approximate acreage to which the pesticide was applied;
(5)
The location, description, and GPS coordinates of the area to which the pesticide is applied;
(6)
The landowner, producer, or other person employing such aerial applicator's services;
(7)
The date of pesticide application;
(8)
The name and Tennessee license number of the aerial applicator; and
(9)
The decal number of the aircraft used for the application.
(c)
Aerial applicators shall apply all pesticides in a manner that is consistent with the label directions for that product. Aerial applicators must submit evidence to prove that label directions were followed and all restrictions were fully met when requested to do so by the commissioner.
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 43-8-315 - Recovery by the department of costs of disciplinary hearings - Payment of penalties and costs - Failure to make payment

(a)
Notwithstanding any contrary provision of law, the department shall recover, in addition to civil penalties, the actual and reasonable costs of the hearing of any disciplinary action held in accordance with the contested case provisions of the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, in which sanctions of any kind are imposed on any person or entity required to be licensed, permitted, registered or otherwise authorized or regulated by the department or its respective divisions, boards, commissions or agencies. These costs shall include, but are not limited to, those incurred and assessed for the time of the prosecuting attorneys, expert witnesses, administrative judges, court reporters and any other persons involved in the prosecution and hearing of the action.
(b)
(1)
All civil penalties and costs assessed pursuant to this part shall be paid within thirty (30) days after the date a final order is entered.
(2)
If the individual or entity disciplined fails to pay the civil penalty or costs assessed within thirty (30) days after the date a final order is entered, the department is entitled, as a matter of law, to a judgment directing the person to pay the civil penalties and costs to the department. Jurisdiction for recovery of civil penalties and costs shall be in the chancery court of Davidson County.
Acts 2006, ch. 626, § 1.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 10 - AGRICULTURAL SEEDS (§§ 43-10-101 — 43-10-206) › Part 1 - SEED LAW OF 1986 (§§ 43-10-101 — 43-10-120) › Section 43-10-101 - Short title

This part shall be known and may be cited as the "Tennessee Seed Law of 1986."
Acts 1986, ch. 660, § 2.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 10 - AGRICULTURAL SEEDS (§§ 43-10-101 — 43-10-206) › Part 1 - SEED LAW OF 1986 (§§ 43-10-101 — 43-10-120) › Section 43-10-102 - Legislative purpose

The purpose of this part is to regulate the labeling, possessing, offering, exposing, transporting or distributing for sale of agricultural seeds, vegetable seeds, and screenings; to prevent misrepresentations thereof; and for other purposes.
Acts 1986, ch. 660, § 3.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 10 - AGRICULTURAL SEEDS (§§ 43-10-101 — 43-10-206) › Part 1 - SEED LAW OF 1986 (§§ 43-10-101 — 43-10-120) › Section 43-10-104 - Label requirements

Each container of agricultural and vegetable seeds that is sold, offered or exposed for sale, distributed or transported within or into this state for seeding purposes shall bear thereon or have attached thereto in a conspicuous place a plainly written or printed label or tag in the English language, giving the information required under §§
43-10-105
- 43-10-108, which information shall not be modified or denied in the labeling or on another label attached to the container.
Acts 1986, ch. 660, § 5.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 10 - AGRICULTURAL SEEDS (§§ 43-10-101 — 43-10-206) › Part 1 - SEED LAW OF 1986 (§§ 43-10-101 — 43-10-120) › Section 43-10-105 - Label requirements - Treated seeds

All seed named and treated as defined in this part (for which a separate label may be used) shall be labeled to show the following information:
(1)
A word or statement indicating that the seed has been treated;
(2)
The commonly accepted coined, chemical or abbreviated chemical (generic) name of the applied substance or description of the process used;
(3)
If the substance in the amount present with the seed is harmful to human or other vertebrate animals, a caution statement such as "Do not use for food, feed, or oil purposes." The caution for mercurials and similarly toxic substances shall be a poison statement or symbol; and
(4)
If the seed is treated with an inoculant, the date beyond which the inoculant is not to be considered effective (date of expiration).
Acts 1986, ch. 660, § 6.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 10 - AGRICULTURAL SEEDS (§§ 43-10-101 — 43-10-206) › Part 1 - SEED LAW OF 1986 (§§ 43-10-101 — 43-10-120) › Section 43-10-106 - Label requirements - Agricultural seeds

Agricultural seeds sold, distributed, offered or exposed for sale, or transported for sale within or into this state shall be labeled to show the following information:
(1)
The commonly accepted name of the kind and the variety, or kind and the phrase "variety not stated" for each agricultural seed present in excess of five percent (5%) of the whole and the percentage by weight of each in order of its predominance. When more than one (1) component is required to be named, the word "mixture" or the word "mixed" shall be shown conspicuously on the label. Hybrids shall be labeled as hybrids;
(2)
Lot number or other lot identifications;
(3)
Net weight;
(4)
Origin, if known. If the origin is unknown, the fact shall be stated;
(5)
Percentage by weight of inert matter;
(6)
Percentage by weight of agricultural seeds and/or vegetable seeds, which shall be designated as "other crop seeds," other than those named on the label. Different varieties of the same kind of seed when in quantities of less than five percent (5%) will be considered as other crop seeds;
(7)
Percentage by weight of all weed seeds, including noxious-weed seeds;
(8)
For each named agricultural seed:
(A)
Percentage of germination, exclusive of hard seed;
(B)
Percentage of hard seed, if present;
(C)
The calendar month and year the test was completed to determine such percentages;
(D)
In addition to the individual percentage statement of germination and hard seed, the total percentage of germination and hard seed may be stated as such, if desired;
(9)
The name and number per pound of each kind of restricted noxious-weed seed present; and
(10)
The name and address of the person who labeled the seed, or who sells, offers or exposes the seed for sale within this state.
Acts 1986, ch. 660, § 7.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 10 - AGRICULTURAL SEEDS (§§ 43-10-101 — 43-10-206) › Part 1 - SEED LAW OF 1986 (§§ 43-10-101 — 43-10-120) › Section 43-10-107 - Label requirements - Vegetable seeds in containers of one pound or less

Labels for vegetable seeds in containers of one (1) pound or less, including vegetable seeds in preplanted containers, mats, tapes, or other planting devices, shall show the following information:
(1)
Name of kind and variety of seed. Hybrids shall be labeled as hybrids;
(2)
Lot number or other lot identification;
(3)
(A)
Percentage germination and calendar month and year the test was completed, or year for which packed; provided, that the words "Packed for" precedes the year. However, no seed are to be offered or exposed for sale at retail outlets before the year for which packed;
(B)
Any seed offered or exposed for sale after the year for which packed, unless in hermetically sealed containers, must show a current germination test as required in §
43-10-109(1)(B)
. The person in possession of such seed will be responsible for securing a new germination test;
(4)
Name and address of the person who labeled the seed or who sells, offers, or exposes the seed for sale within this state;
(5)
For seeds that germinate less than the standards last established by the commissioner under this part:
(A)
The percentage of germination, exclusive of hard seed;
(B)
The percentage of hard seed, if present;
(C)
The calendar month and year the test was completed to determine such percentage;
(D)
In addition to the individual percentage statement of germination and hard seed, the total percentage of germination and hard seed may be stated, if desired; and
(E)
The words "Below Standard" in not less than eight (8) point type; and
(6)
For seeds in a germination medium, mat, tape, or other device in such a way as to make it difficult to determine the quantity of seed without removing the seeds from the medium, mat, tape, or device, a statement to indicate the minimum number of seeds in the container.
Acts 1986, ch. 660, § 8.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 10 - AGRICULTURAL SEEDS (§§ 43-10-101 — 43-10-206) › Part 1 - SEED LAW OF 1986 (§§ 43-10-101 — 43-10-120) › Section 43-10-108 - Label requirements - Vegetable seeds in containers of more than one pound

Vegetable seeds in containers of more than one (1) pound shall be labeled to show the following information:
(1)
The name of each kind and variety present in excess of five percent (5%) and the percentage by weight of each in order of its predominance. Hybrids shall be labeled as hybrids;
(2)
Lot number or other lot identification:
(A)
The percentage of germination, exclusive of hard seed;
(B)
The percentage of hard seed, if present;
(C)
The calendar month and year the test was completed to determine such percentages;
(D)
In addition to the individual percentage statement of germination and hard seed, the total percentage of germination and hard seed may be stated as such, if desired;
(E)
Net weight, except when in bulk; and
(F)
The name and address of the person who sells, offers or exposes the seed for sale within this state; and
(3)
No tag or label shall be required, unless requested, on seeds sold directly to and in the presence of the purchaser and taken from a bag or container properly labeled.
Acts 1986, ch. 660, § 9.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 10 - AGRICULTURAL SEEDS (§§ 43-10-101 — 43-10-206) › Part 1 - SEED LAW OF 1986 (§§ 43-10-101 — 43-10-120) › Section 43-10-110 - Exemptions

(a)
Sections
43-10-104
- 43-10-108 do not apply:
(1)
To seed or grain sold or represented to be sold for purposes other than for seeding; provided, that the seed is labeled "not for seeding purposes" and that the seed seller shall make it unmistakably clear to the purchaser of such seed or grain that it is not for seeding purposes;
(2)
To seed for conditioning when consigned to being transported to or stored in a conditioning establishment; provided, that the invoice or labeling accompanying the seed bears the statement "Seed for conditioning"; and provided further, that other labeling or representation that may be made with respect to the uncleaned or unconditioned seed shall be subject to this part;
(3)
When grown, sold, and delivered by the producer on the producer's own premises, to the purchaser personally for seeding purposes. If, however, the seed is advertised for sale through any public medium or if the seed is delivered by a common carrier, except transported for the purposes of being recleaned as hereinafter provided, the seed must be labeled in accordance with this part; and
(4)
To any carrier in respect to any seed or screenings transported or delivered for transportation in the ordinary course of its business as a carrier; provided, that such carrier is not engaged in producing, conditioning, or marketing agricultural or vegetable seeds or screenings subject to this part.
(b)
No person shall be subject to the penalties of this part for having sold, offered or exposed for sale in this state any agricultural or vegetable seeds that were incorrectly labeled or represented as to origin, kind, or variety when such seeds cannot be identified by examination, unless such person has failed to obtain an invoice or genuine grower's declaration giving origin, kind, and variety or to take such other precautions as may be necessary to ensure the identity to be that stated.
Acts 1986, ch. 660, § 11.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 10 - AGRICULTURAL SEEDS (§§ 43-10-101 — 43-10-206) › Part 1 - SEED LAW OF 1986 (§§ 43-10-101 — 43-10-120) › Section 43-10-111 - Records

Each person whose name appears on the label as handling agricultural or vegetable seeds subject to this part shall keep for a period of two (2) years complete records of each lot of such seed handled, and shall keep for one (1) year a file sample of each lot of seed after final disposition of the lot. All such records and samples pertaining to the shipment or shipments involved shall be accessible for inspection by the commissioner or the commissioner's agent during customary business hours.
Acts 1986, ch. 660, § 12.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 10 - AGRICULTURAL SEEDS (§§ 43-10-101 — 43-10-206) › Part 1 - SEED LAW OF 1986 (§§ 43-10-101 — 43-10-120) › Section 43-10-112 - Disclaimers, nonwarranties, and limited warranties

A disclaimer, nonwarranty, or limited warranty used in any invoice, advertising, labeling, or written, printed or graphic matter pertaining to any seed shall not directly or indirectly deny or modify any information required by this part or the rules and regulations promulgated under this part.
Acts 1986, ch. 660, § 13.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 10 - AGRICULTURAL SEEDS (§§ 43-10-101 — 43-10-206) › Part 1 - SEED LAW OF 1986 (§§ 43-10-101 — 43-10-120) › Section 43-10-113 - Tolerances to be established and used in enforcement

Due to variations that may occur between the analysis or tests and likewise between label statements and the results of subsequent analyses and tests, tolerances that are to be established by appropriate rules and regulations promulgated under the authority of this part shall be employed in the enforcement of this part.
Acts 1986, ch. 660, § 14.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 10 - AGRICULTURAL SEEDS (§§ 43-10-101 — 43-10-206) › Part 1 - SEED LAW OF 1986 (§§ 43-10-101 — 43-10-120) › Section 43-10-115 - Seizure

Any lot of agricultural or vegetable seeds, mixtures of such seeds, or screenings being sold, exposed for sale, offered for sale or held with intent to sell in this state contrary to this part shall be subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the locality in which the seeds, mixtures of such seeds, or screenings are located. In the event the court finds the seed to be in violation of this part and orders the condemnation thereof, the seeds, mixtures of such seeds, or screenings shall be denatured, conditioned, destroyed, relabeled, or otherwise disposed of in compliance with the laws of this state; provided, that in no instance shall such disposition of the seeds, mixtures of the seeds, or screenings be ordered by the court without first having given the claimant an opportunity to apply to the court for the release of the seeds, mixtures of the seeds, or screenings, or permission to condition or relabel to bring them into compliance with this part.
Acts 1986, ch. 660, § 16.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 10 - AGRICULTURAL SEEDS (§§ 43-10-101 — 43-10-206) › Part 1 - SEED LAW OF 1986 (§§ 43-10-101 — 43-10-120) › Section 43-10-116 - Violations, hearings, prosecutions, or warnings

(a)
Any person who knowingly, or as a result either of gross negligence or of a failure to make a reasonable effort to be informed of the pertinent facts, violates any provision of this part, or the rules and regulations made and promulgated thereunder, commits a Class C misdemeanor. However, no prosecution under this part shall be instituted without the person first having been given an opportunity to appear before the commissioner or the commissioner's duly authorized agent, to introduce evidence either in person or by agent or attorney at a private hearing.
(b)
If, after the hearing, or without a hearing in the event the person or the person's agent or attorney fails or refuses to appear, the commissioner is of the opinion that the evidence warrants prosecution, the commissioner shall proceed according to legal procedures in the state, or, if the commissioner believes the public interest will be adequately served by a written notice or warning, the commissioner may direct to the alleged violator a suitable written notice or warning.
(c)
After judgment by the court in any case arising under this part, the commissioner shall publish any information pertinent to the issuance of the judgment by the court in such media as the commissioner may designate from time to time.
Acts 1986, ch. 660, § 17; 1989, ch. 591, § 113.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 10 - AGRICULTURAL SEEDS (§§ 43-10-101 — 43-10-206) › Part 1 - SEED LAW OF 1986 (§§ 43-10-101 — 43-10-120) › Section 43-10-117 - Injunction

When, in the performance of official duties, the commissioner applies to any court for a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this part or any rules and regulations under this part, the injunction is to be issued without bond.
Acts 1986, ch. 660, § 18.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 10 - AGRICULTURAL SEEDS (§§ 43-10-101 — 43-10-206) › Part 1 - SEED LAW OF 1986 (§§ 43-10-101 — 43-10-120) › Section 43-10-118 - License fees

Each seed seller who sells, offers for sale, exposes for sale, distributes, or solicits orders for the sale of any agricultural or vegetable seeds to farmers, retailers, wholesalers, or any others who use or plant agricultural or vegetable seeds in the state shall obtain a license from the commissioner annually on or before July 1 of each calendar year. Seed sellers shall obtain an application form and pay the appropriate fee set by rule pursuant to §
43-1-703
.
Amended by 2015 Tenn. Acts, ch. 485,s 9, eff. 7/1/2015.
Acts 1986, ch. 660, § 19; 1997, ch. 94, § 3.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 10 - AGRICULTURAL SEEDS (§§ 43-10-101 — 43-10-206) › Part 1 - SEED LAW OF 1986 (§§ 43-10-101 — 43-10-120) › Section 43-10-119 - [Repealed]

Repealed by 2015 Tenn. Acts, ch. 485, s 10, eff. 7/1/2015.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 10 - AGRICULTURAL SEEDS (§§ 43-10-101 — 43-10-206) › Part 1 - SEED LAW OF 1986 (§§ 43-10-101 — 43-10-120) › Section 43-10-120 - Regulations promulgated under former statute

All regulations promulgated under prior law shall remain in effect until amended or repealed in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.
Acts 1986, ch. 660, § 21.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 10 - AGRICULTURAL SEEDS (§§ 43-10-101 — 43-10-206) › Part 2 - SEED CERTIFICATION (§§ 43-10-201 — 43-10-206) › Section 43-10-201 - State seed certifying agency

The commissioner of agriculture, the vice president of the University of Tennessee institute of agriculture, the dean of the University of Tennessee agriculture experiment station and the dean of the University of Tennessee extension service are vested with full authority to designate a crop improvement association as the official state seed certifying agency. The association shall be a member of the Association of Official Seed Certifying Agencies. These officials are further authorized, if satisfied that the association acting as official state seed certifying agency has not performed its duties in the best interests of Tennessee agriculture, to terminate the appointment of the association as the official state seed certifying agency.
Acts 1985, ch. 329, § 1.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 10 - AGRICULTURAL SEEDS (§§ 43-10-101 — 43-10-206) › Part 2 - SEED CERTIFICATION (§§ 43-10-201 — 43-10-206) › Section 43-10-203 - Duties of the board of directors of the seed certifying agency

The seed certifying agency's board of directors has control, management and supervision of the production, distribution and certification of purebred seeds in Tennessee under this part.
Acts 1985, ch. 329, § 1; 1995, ch. 291, § 4.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 10 - AGRICULTURAL SEEDS (§§ 43-10-101 — 43-10-206) › Part 2 - SEED CERTIFICATION (§§ 43-10-201 — 43-10-206) › Section 43-10-204 - Applicability of provisions

Any person, association, firm or corporation who issues, uses or circulates any advertisement, tag, seal, poster, letterhead or marketing circular containing any written or printed representation or description that such seeds offered for sale or use are "Tennessee Certified," "Tennessee State Certified," "State Certified," or the equivalent utilizing words or symbols to imply conformity with the standards established by the state seed certifying agency, shall be subject to this part. This part does not apply, however, to the plant and plant product certification procedures concerning freedom from disease and insect infestation, as currently conducted by the plant industries division of the department of agriculture. Any issuance, use or circulation of any certificate or instrument, as defined in this part, shall be deemed "certification" for the purposes of this part.
Acts 1985, ch. 329, § 1.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 10 - AGRICULTURAL SEEDS (§§ 43-10-101 — 43-10-206) › Part 2 - SEED CERTIFICATION (§§ 43-10-201 — 43-10-206) › Section 43-10-205 - Rules and regulations - Compliance with standards and procedures - Valid certifications

(a)
The state seed certifying agency shall promulgate rules and regulations for the certification of seeds, plants or plant parts intended for growth, harvest, sale or distribution in Tennessee, with the exception of nursery crops, greenhouse crops, vegetable crops, strawberries and sweet potatoes.
(b)
All seeds, plants, or plant parts intended for growth, harvest, sale or distribution in Tennessee, with the exception of nursery crops, greenhouse crops, vegetable crops, strawberries and sweet potatoes, shall comply with the standards and procedures established by the state seed certifying agency in order to be eligible for certification.
(c)
No certification is valid unless issued by the state seed certifying agency established in this part.
Acts 1985, ch. 329, § 1; 1995, ch. 291, § 5.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 10 - AGRICULTURAL SEEDS (§§ 43-10-101 — 43-10-206) › Part 2 - SEED CERTIFICATION (§§ 43-10-201 — 43-10-206) › Section 43-10-206 - Violations - Penalties

It is unlawful for any person, firm, association or corporation to issue, make, use or circulate any certification as provided for in this part, without authority from and the approval of the state seed certifying agency. Any person, firm, association or corporation who violates any provision of this part commits a Class A misdemeanor for each separate offense, and shall further be denied any right to apply for subsequent certification for such a period as the court sees fit but not to exceed one (1) year.
Acts 1985, ch. 329, § 1; 1989, ch. 591, §§ 1, 6.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 11 - FERTILIZERS AND LIMING MATERIALS (§§ 43-11-101 — 43-11-411) › Part 1 - COMMERCIAL FERTILIZERS (§§ 43-11-101 — 43-11-125) › Section 43-11-101 - Short title

This part shall be known and may be cited as the "Tennessee Commercial Fertilizer Law of 1969."
Acts 1969, ch. 102, § 1; T.C.A., § 43-1121.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 11 - FERTILIZERS AND LIMING MATERIALS (§§ 43-11-101 — 43-11-411) › Part 1 - COMMERCIAL FERTILIZERS (§§ 43-11-101 — 43-11-125) › Section 43-11-102 - Administration of part

This part shall be administered by the commissioner of agriculture.
Acts 1969, ch. 102, § 2; T.C.A., § 43-1122.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 11 - FERTILIZERS AND LIMING MATERIALS (§§ 43-11-101 — 43-11-411) › Part 1 - COMMERCIAL FERTILIZERS (§§ 43-11-101 — 43-11-125) › Section 43-11-104 - Annual licence fee

Every person who distributes commercial fertilizer in this state shall pay an annual license fee set by rule pursuant to §
43-1-703
.
Amended by 2015 Tenn. Acts, ch. 485,s 11, eff. 7/1/2015.
Acts 1969, ch. 102, § 4; T.C.A., § 43-1124; Acts 1988, ch. 544, § 3.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 11 - FERTILIZERS AND LIMING MATERIALS (§§ 43-11-101 — 43-11-411) › Part 1 - COMMERCIAL FERTILIZERS (§§ 43-11-101 — 43-11-125) › Section 43-11-105 - Labeling

(a)
Any commercial fertilizer distributed in this state in containers shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the information required by §
43-11-104(a)(1)-(4)
.
(b)
If distributed in bulk, a written or printed statement of the information required by §
43-11-104(a)(1)-(4)
shall accompany delivery and be supplied to the purchaser at time of delivery.
(c)
A commercial fertilizer formulated according to specifications that are furnished by a consumer prior to mixing shall be labeled to show the net weight, guaranteed analysis, and the name and address of the distributor or the registrant, together with the name and address of the consumer.
Acts 1969, ch. 102, § 5; T.C.A., § 43-1125; Acts 1986, ch. 659, § 3.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 11 - FERTILIZERS AND LIMING MATERIALS (§§ 43-11-101 — 43-11-411) › Part 1 - COMMERCIAL FERTILIZERS (§§ 43-11-101 — 43-11-125) › Section 43-11-106 - [Repealed]

Repealed by 2015 Tenn. Acts, ch. 485, s 12, eff. 7/1/2015.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 11 - FERTILIZERS AND LIMING MATERIALS (§§ 43-11-101 — 43-11-411) › Part 1 - COMMERCIAL FERTILIZERS (§§ 43-11-101 — 43-11-125) › Section 43-11-107 - [Repealed]

Repealed by 2015 Tenn. Acts, ch. 485, s 12, eff. 7/1/2015.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 11 - FERTILIZERS AND LIMING MATERIALS (§§ 43-11-101 — 43-11-411) › Part 1 - COMMERCIAL FERTILIZERS (§§ 43-11-101 — 43-11-125) › Section 43-11-108 - Inspection, sampling, analysis

(a)
It is the duty of the commissioner or the commissioner's agent to sample, inspect, make analysis of, and test commercial fertilizer distributed within this state, and the commissioner or agent is authorized to enter upon any public or private premises or carriers at a time and place and to such extent as the commissioner or agent may deem necessary to determine whether their commercial fertilizers are in compliance with this part.
(b)
The methods of analysis and sampling shall be those adopted by the official from sources such as the Association of Official Analytical Chemists Journal.
(c)
The commissioner, in determining for administrative purposes whether any commercial fertilizer is deficient in plant food, shall be guided solely by the official sample as defined in §
43-11-103
, and obtained and analyzed as provided for in subsection (b).
(d)
The results of official analysis of any commercial fertilizer that has been found to be subject to penalty or other legal action shall be forwarded by the commissioner to the registrant at least ten (10) days before the report is submitted to the purchaser. If during that period no adequate evidence to the contrary is made available to the commissioner, the report shall become official. Upon request, the commissioner shall furnish to the registrant a portion of any sample found subject to penalty or other legal action.
Acts 1969, ch. 102, § 8; T.C.A., § 43-1128; Acts 1986, ch. 659, § 7.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 11 - FERTILIZERS AND LIMING MATERIALS (§§ 43-11-101 — 43-11-411) › Part 1 - COMMERCIAL FERTILIZERS (§§ 43-11-101 — 43-11-125) › Section 43-11-110 - Commercial value

For the purpose of determining the commercial values to be applied under the provisions of §
43-11-109
, the commissioner shall determine and publish annually the values per pound of nitrogen, available phosphoric acid, and soluble potash in commercial fertilizers in this state. If guarantees are as provided in §
43-11-103(9)(B)
, the values shall be per pound of nitrogen, phosphorus, and potassium. The values so determined and published shall be used in determining and assessing penalties.
Acts 1969, ch. 102, § 10; T.C.A., § 43-1130.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 11 - FERTILIZERS AND LIMING MATERIALS (§§ 43-11-101 — 43-11-411) › Part 1 - COMMERCIAL FERTILIZERS (§§ 43-11-101 — 43-11-125) › Section 43-11-111 - Soil conditioners

(a)
No soil conditioner, soil amendment, or any other material designed or claimed to improve the physical characteristics of the soil may be sold in this state until those products meet all of the requirements of this chapter and the regulations promulgated under this chapter, including the payment of inspection fees.
(b)
If the analysis shows that any soil amendment, soil conditioner, or similar product falls short of the guaranteed analysis in any one (1) ingredient or in total ingredients, then a penalty shall be assessed by the commissioner in the amount of three (3) times the larger deficiency. A minimum penalty of fifty dollars ($50.00) shall be assessed on any deficiency of such product. Investigational allowances and total ingredient values shall be established by regulation and shall follow the Official Publication of the Association of American Plant Food Control Officials if applicable. All penalties shall be paid in the manner prescribed by §
43-11-109
.
Acts 1969, ch. 102, § 11; 1972, ch. 628, § 2; T.C.A., § 43-1131; Acts 1988, ch. 544, § 5.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 11 - FERTILIZERS AND LIMING MATERIALS (§§ 43-11-101 — 43-11-411) › Part 1 - COMMERCIAL FERTILIZERS (§§ 43-11-101 — 43-11-125) › Section 43-11-112 - Misbranded fertilizer - Distribution prohibited

Commercial fertilizer is misbranded if it carries a false or misleading statement on the container, on the label attached to the container, or if false or misleading statements concerning the fertilizer are disseminated in any manner or by any means. It is unlawful to distribute a misbranded fertilizer.
Acts 1969, ch. 102, § 12; T.C.A., § 43-1132.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 11 - FERTILIZERS AND LIMING MATERIALS (§§ 43-11-101 — 43-11-411) › Part 1 - COMMERCIAL FERTILIZERS (§§ 43-11-101 — 43-11-125) › Section 43-11-113 - Rules and regulations

For the enforcement of this part, the commissioner is authorized to prescribe and, after a hearing following due notice, to enforce such rules and regulations relating to the distribution of commercial fertilizers as the commissioner may find necessary to carry into effect the full intent and meaning of this part.
Acts 1969, ch. 102, § 13; T.C.A., § 43-1133.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 11 - FERTILIZERS AND LIMING MATERIALS (§§ 43-11-101 — 43-11-411) › Part 1 - COMMERCIAL FERTILIZERS (§§ 43-11-101 — 43-11-125) › Section 43-11-114 - Penalty for short weight

If any commercial fertilizer in the possession of the consumer is found by the commissioner to be short in weight, the registrant of the commercial fertilizer shall, within thirty (30) days after official notice from the commissioner, pay to the consumer a penalty equal to three (3) times the value of the actual shortage.
Acts 1969, ch. 102, § 14; T.C.A., § 43-1134; Acts 1986, ch. 659, § 9.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 11 - FERTILIZERS AND LIMING MATERIALS (§§ 43-11-101 — 43-11-411) › Part 1 - COMMERCIAL FERTILIZERS (§§ 43-11-101 — 43-11-125) › Section 43-11-115 - "Stop sale, use, or removal" orders

The commissioner may issue and enforce a written or printed "stop sale, use, or removal" order to the owner or custodian of any lot of commercial fertilizer, and may order the owner or custodian to hold the fertilizer at a designated place, when the commissioner finds the commercial fertilizer is being offered or exposed for sale in violation of any of the provisions of this part, until the law has been complied with and the commercial fertilizer is released in writing by the commissioner, or the violation has been otherwise legally disposed of by written authority. The commissioner shall release the commercial fertilizer so withdrawn when the requirements of this part have been complied with and all costs and expenses incurred in connection with the withdrawal have been paid.
Acts 1969, ch. 102, § 15; T.C.A., § 43-1135.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 11 - FERTILIZERS AND LIMING MATERIALS (§§ 43-11-101 — 43-11-411) › Part 1 - COMMERCIAL FERTILIZERS (§§ 43-11-101 — 43-11-125) › Section 43-11-116 - Seizure, condemnation, and sale

Any lot of commercial fertilizer not in compliance with this part shall be subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the area in which the commercial fertilizer is located. In the event the court finds the commercial fertilizer to be in violation of this part and orders the condemnation of the commercial fertilizer, it shall be disposed of in any manner consistent with the quality of the commercial fertilizer and the laws of the state; provided, that in no instance shall the disposition of the commercial fertilizer be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the commercial fertilizer or for permission to process or re-label the commercial fertilizer to bring it into compliance with this part.
Acts 1969, ch. 102, § 16; T.C.A., § 43-1136.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 11 - FERTILIZERS AND LIMING MATERIALS (§§ 43-11-101 — 43-11-411) › Part 1 - COMMERCIAL FERTILIZERS (§§ 43-11-101 — 43-11-125) › Section 43-11-118 - Notice of violations - Hearing - Certification of facts to prosecuting attorney

If it appears from the examination of any commercial fertilizer that any of the provisions of this part or the rules and regulations issued under this part have been violated, the commissioner shall cause notice of the violations to be given to the registrant, distributor, or possessor from whom the sample was taken; any person 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 the hearing, either in the presence or absence of the person so notified, that this part or rules and regulations issued under this part have been violated, the commissioner may certify the facts to the proper district attorney general.
Acts 1969, ch. 102, § 17; T.C.A., § 43-1138.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 11 - FERTILIZERS AND LIMING MATERIALS (§§ 43-11-101 — 43-11-411) › Part 1 - COMMERCIAL FERTILIZERS (§§ 43-11-101 — 43-11-125) › Section 43-11-119 - Penalty for violations

Any person who violates or aids in violating any provision of this part, or any rules and regulations promulgated under this part, commits a Class C misdemeanor.
Acts 1969, ch. 102, § 17; T.C.A., § 43-1139; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 11 - FERTILIZERS AND LIMING MATERIALS (§§ 43-11-101 — 43-11-411) › Part 1 - COMMERCIAL FERTILIZERS (§§ 43-11-101 — 43-11-125) › Section 43-11-120 - Prosecution of minor violations not required - Notice of warning

Nothing in this part shall be construed as requiring the commissioner or the commissioner's representative to report for prosecution or for the institution of seizure proceedings as a result of minor violations of this part when the commissioner believes that the public interests will be best served by a suitable notice of warning in writing.
Acts 1969, ch. 102, § 17; T.C.A., § 43-1140.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 11 - FERTILIZERS AND LIMING MATERIALS (§§ 43-11-101 — 43-11-411) › Part 1 - COMMERCIAL FERTILIZERS (§§ 43-11-101 — 43-11-125) › Section 43-11-121 - Duty of district attorney general

It is the duty of each district attorney general to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction without delay.
Acts 1969, ch. 102, § 17; T.C.A., § 43-1141.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 11 - FERTILIZERS AND LIMING MATERIALS (§§ 43-11-101 — 43-11-411) › Part 1 - COMMERCIAL FERTILIZERS (§§ 43-11-101 — 43-11-125) › Section 43-11-122 - Injunctions against violations

The commissioner is authorized to make application to any chancery court of this state for a temporary or permanent injunction, restraining any person from violating or continuing to violate any of the provisions of this part or any rule or regulation promulgated under this part, notwithstanding the existence of other remedies at law. This injunction is to be issued without bond.
Acts 1969, ch. 102, § 17; T.C.A., § 43-1142.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 11 - FERTILIZERS AND LIMING MATERIALS (§§ 43-11-101 — 43-11-411) › Part 1 - COMMERCIAL FERTILIZERS (§§ 43-11-101 — 43-11-125) › Section 43-11-123 - Exchanges between manufacturers

Nothing in this part shall be construed to restrict or avoid sales or exchanges of commercial fertilizers to each other by importers, manufacturers, or manipulators who mix fertilizer materials for sale or as preventing the free and unrestricted shipments of commercial fertilizer to manufacturers or manipulators who have registered their brands as required by the provisions of this part.
Acts 1969, ch. 102, § 18; T.C.A., § 43-1143.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 11 - FERTILIZERS AND LIMING MATERIALS (§§ 43-11-101 — 43-11-411) › Part 1 - COMMERCIAL FERTILIZERS (§§ 43-11-101 — 43-11-125) › Section 43-11-124 - Distribution of adulterated fertilizer products

No person shall distribute an adulterated fertilizer product. A fertilizer shall be deemed to be adulterated if:
(1)
It contains any deleterious or harmful ingredient in sufficient amount to render it injurious to beneficial plant life when applied in accordance with directions for use on the label, or if adequate warning statements or directions for use that may be necessary to protect plant life are not shown upon the label;
(2)
Its composition falls below or differs from what it is purported to possess by its labeling; or
(3)
It contains unwanted crop seed or weed seed.
Acts 1986, ch. 659, § 10.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 11 - FERTILIZERS AND LIMING MATERIALS (§§ 43-11-101 — 43-11-411) › Part 1 - COMMERCIAL FERTILIZERS (§§ 43-11-101 — 43-11-125) › Section 43-11-125 - Local legislation

(a)
No political subdivision may regulate the registration, packaging, labeling, sale, storage, distribution, use and application of fertilizers; and, in addition, no political subdivision may adopt or continue in effect local legislation relating to the registration, packaging, labeling, sale, storage, distribution, use or application of fertilizers. Local legislation in violation of this section is void and unenforceable.
(b)
Subsection (a) shall not apply in any county having a population in excess of two hundred thousand (200,000), according to the 2000 federal census or any subsequent federal census.
Acts 2008, ch. 1040, §§ 2, 3.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 11 - FERTILIZERS AND LIMING MATERIALS (§§ 43-11-101 — 43-11-411) › Part 3 - ANHYDROUS AMMONIA (§§ 43-11-301 — 43-11-305) › Section 43-11-301 - Short title

This part shall be known and may be cited as the "Anhydrous Ammonia Storage and Equipment Law of Tennessee."
Acts 1949, ch. 198, § 1; C. Supp. 1950, § 519.1; T.C.A. (orig. ed.), §§ 43-1301, 43-13-101.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 11 - FERTILIZERS AND LIMING MATERIALS (§§ 43-11-101 — 43-11-411) › Part 3 - ANHYDROUS AMMONIA (§§ 43-11-301 — 43-11-305) › Section 43-11-302 - Powers and duties of commissioner - Rules and regulations

The commissioner of agriculture is vested with the power and authority and is charged with the duty of administering and enforcing this part, and has the authority to establish and enforce reasonable rules and regulations not inconsistent with this part, for the purpose of carrying out this part.
Acts 1949, ch. 198, § 2; C. Supp. 1950, § 519.2; T.C.A. (orig. ed.), §§ 43-1302, 43-13-102.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 11 - FERTILIZERS AND LIMING MATERIALS (§§ 43-11-101 — 43-11-411) › Part 3 - ANHYDROUS AMMONIA (§§ 43-11-301 — 43-11-305) › Section 43-11-303 - Part definitions

(a)
"Anhydrous ammonia," when used exclusively for commercial fertilizer, is, for the purpose of this part, defined as follows: anhydrous ammonia contains eighty-two percent (82%) nitrogen. At atmospheric pressure, ammonia is a gas that exists as a liquid below minus twenty-eight degrees Fahrenheit (-28° F.), and boils at this temperature. In commerce, ammonia is compressed to a liquid and stored under pressure. The gauge pressure is seventy-five pounds (75 lbs.) per square inch at fifty degrees Fahrenheit (50° F.), and one hundred ninety-seven pounds (197 lbs.) per square inch at one hundred degrees Fahrenheit (100° F.). The pressures exerted by anhydrous ammonia are dangerous unless the proper safety devices are installed in the equipment and care is used in handling.
(b)
"Dealers in anhydrous ammonia and equipment," as covered by this part, are all persons, firms, corporations or associations who buy and sell or distribute at wholesale or retail to users and consumers, anhydrous ammonia as a fertilizer, or equipment used in the installation, storage, handling, utilization and dispensing of anhydrous ammonia as a fertilizer. Manufacturers of anhydrous ammonia, or manufacturers or jobbers that wholesale anhydrous ammonia equipment, when sold to dealers or distributors, as defined in this part, or any person or persons, firms or corporations owning or maintaining storage facilities for anhydrous ammonia as a fertilizer for their own use and accommodation, and for the use and accommodation of their tenant or sharecropper, are not to be classed as dealers within the meaning and intention of this part.
Acts 1949, ch. 198, § 3; C. Supp. 1950, § 519.3; T.C.A. (orig. ed.), §§ 43-1303, 43-13-103.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 11 - FERTILIZERS AND LIMING MATERIALS (§§ 43-11-101 — 43-11-411) › Part 3 - ANHYDROUS AMMONIA (§§ 43-11-301 — 43-11-305) › Section 43-11-304 - Dealers' permit necessary before doing business - Bond for compliance with provisions - Financial responsibility

(a)
No person, firm, corporation or association shall engage in business as a dealer in anhydrous ammonia as a fertilizer, or as a dealer in equipment used in the handling of anhydrous ammonia as a fertilizer within this state without first having obtained from the commissioner of agriculture a permit. This permit shall be issued only after proper written application is made and filed and after all requirements established with respect to dealers have been complied with by the applicant.
(b)
Before engaging in business as a dealer, the applicant for a permit shall furnish a bond for the sum of one thousand dollars ($1,000) with good and solvent surety, payable to the state of Tennessee, and issued by a bonding company or companies licensed to do business in this state and acceptable by the commissioner, which bond shall serve as a guarantee that the dealer will comply with all the provisions of this part and all of the rules and regulations established with respect to the sale and handling of anhydrous ammonia as a fertilizer, and the sale and handling or installation of equipment used in the handling of anhydrous ammonia as a fertilizer.
(c)
Before engaging in business as a dealer, the applicant for a permit shall satisfy the commissioner that the applicant is financially responsible; and this provision as to financial responsibilities will be complied with by filing with the commissioner evidence that the applicant has applied for and the applicant's application for insurance has been approved, on standard contract forms, and to be issued by insurance company or companies licensed to do business in this state in an amount of not less than twenty-five thousand dollars ($25,000).
(d)
In lieu of filing with the commissioner evidence of insurance coverages as set forth in subsection (c), the applicant may file with the commissioner a good and sufficient surety bond executed by a surety company licensed to do business in the state of Tennessee, in an amount not to exceed twenty-five thousand dollars ($25,000), which bond shall be payable to the state of Tennessee and shall be conditioned to guarantee the payment of all damages for which the dealer may be legally responsible while engaged in the business as a dealer.
Acts 1949, ch. 198, § 4; C. Supp. 1950, § 519.4; T.C.A. (orig. ed.), §§ 43-1304, 43-13-104.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 11 - FERTILIZERS AND LIMING MATERIALS (§§ 43-11-101 — 43-11-411) › Part 3 - ANHYDROUS AMMONIA (§§ 43-11-301 — 43-11-305) › Section 43-11-305 - Punishment of violations

A violation of this part or rules and regulations promulgated under this part is a Class C misdemeanor.
Acts 1949, ch. 198, § 5; C. Supp. 1950, § 519.5; T.C.A. (orig. ed.), §§ 43-1305, 43-13-105; Acts 1989, ch. 591, § 113.