reglab/statecodes huggingface dataset:
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 21 - FAIRS (§§ 43-21-101 — 43-21-204) › Part 1 - STATE AID (§§ 43-21-101 — 43-21-112) › Section 43-21-103 - Amount each fair to receive - Limitation on amount

The amount of state aid given a community, county, district, division or other agricultural show shall be a percentage of the premiums paid by the show, except for special merit, as is provided in this section:
(1)
No community fair shall be paid more than fifty percent (50%) of its approved agricultural premiums in any one (1) year;
(2)
No county fair shall be paid more than fifty percent (50%) of its approved agricultural premiums in any one (1) year;
(3)
No district fair shall be paid more than fifty percent (50%) of its approved agricultural premiums in any one (1) year; and
(4)
No division fair shall be paid more than fifty percent (50%) of its approved agricultural premiums in any one (1) year.
Acts 1949, ch. 156, § 3; C. Supp. 1950, § 552.35 (Williams, § 552.58); Acts 1957, ch. 261, § 1; T.C.A. (orig. ed.), § 43-2403; Acts 1980, ch. 670, §§ 1-4.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 21 - FAIRS (§§ 43-21-101 — 43-21-204) › Part 1 - STATE AID (§§ 43-21-101 — 43-21-112) › Section 43-21-104 - Chapter definitions

For the purpose of this chapter, unless the context otherwise requires:
(1)
"Community fair" means a fair serving an area of less than an entire county, at which are exhibited, in a manner satisfactory to the commissioner of agriculture, with cash premiums being paid to the exhibitors thereof, agricultural products produced in the area served;
(2)
"County fair" means a fair serving an entire county;
(3)
"District fair" means a fair serving at least five (5) counties but less than an entire grand division of the state and paying not less than a minimum of seven thousand dollars ($7,000) in cash premiums; and
(4)
"Division fair" means a fair serving a major region of the state and paying more than twenty thousand dollars ($20,000) in premiums.
Acts 1949, ch. 156, § 3; C. Supp. 1950, § 552.35 (Williams, § 552.58); Acts 1957, ch. 261, § 2; 1976, ch. 633, § 1; T.C.A. (orig. ed.), § 43-2404.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 21 - FAIRS (§§ 43-21-101 — 43-21-204) › Part 1 - STATE AID (§§ 43-21-101 — 43-21-112) › Section 43-21-105 - Aid not to exceed appropriation

The total of state aid to be paid by the commissioner of agriculture to eligible fairs shall not exceed the appropriation made to aid agricultural fairs by the general assembly.
Acts 1949, ch. 156, § 4; C. Supp. 1950, § 552.36 (Williams, § 552.59); T.C.A. (orig. ed.), § 43-2405.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 21 - FAIRS (§§ 43-21-101 — 43-21-204) › Part 1 - STATE AID (§§ 43-21-101 — 43-21-112) › Section 43-21-106 - Premiums for enumerated exhibits may share in state aid

The commissioner of agriculture shall grant such state aid only on cash premiums paid on approved classes of:
(1)
Cattle, swine, sheep, goats, farmwork stock, including mules shown to halter or farm vehicles, jack stock and light horses to halter;
(2)
Poultry, eggs, and dairy products;
(3)
Field, garden and horticultural products;
(4)
Home economics displays;
(5)
Junior agricultural projects; and
(6)
Agricultural educational exhibits.
Acts 1949, ch. 156, § 5; C. Supp. 1950, § 552.37 (Williams, § 552.60); Acts 1957, ch. 261, § 3; 1963, ch. 135, § 1; T.C.A. (orig. ed.), § 43-2406.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 21 - FAIRS (§§ 43-21-101 — 43-21-204) › Part 1 - STATE AID (§§ 43-21-101 — 43-21-112) › Section 43-21-107 - Statement of premiums to be awarded - Allotment on basis of statement - When funds paid

On a date to be specified by the commissioner of agriculture, the president and secretary of any fair, or agricultural society wishing to share in state aid to fairs as provided for under §
43-21-102
, shall file with the commissioner a sworn statement of premiums to be paid during the current fair season for entries outlined in §
43-21-106
. In addition thereto and together with sworn statement, the president and secretary shall also show correctly the exact amount paid in premiums for the same entries in the preceding fair season. State aid on the basis of premiums paid during the preceding fair season will be allocated by the commissioner for the current fair season. Whenever any fair did not operate during the preceding fair season, the commissioner is authorized in that instance alone to make an allocation of state aid based upon the estimate of premiums to be paid during the current fair season.
Acts 1949, ch. 156, § 6; C. Supp. 1950, § 552.38 (Williams, § 552.61); Acts 1955, ch. 310, § 1; T.C.A. (orig. ed.), § 43-2407.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 21 - FAIRS (§§ 43-21-101 — 43-21-204) › Part 1 - STATE AID (§§ 43-21-101 — 43-21-112) › Section 43-21-108 - List of premium winners and receipts to be furnished commissioner before payment

Before the commissioner of agriculture pays state aid to any fair association, the association shall file with the commissioner, over the signature of the secretary, a typewritten report of approved premiums paid by the association, namely, those outlined in §
43-21-106
. This report shall show the name and address of each premium winner, the amount paid to each winner, the name of each winning entry, and the total amount paid to all winners. The secretary of the fair shall send to the commissioner, together with the report outlined above, the cancelled checks, or signed receipts, used in paying the premiums listed on the report. The commissioner may accept a certified summary of premiums paid by a fair association who has paid approved agriculture premiums in excess of fifteen thousand dollars ($15,000); provided, that any fair may submit a statement prepared and certified by an accountant instead of the certified summary.
Acts 1949, ch. 156, § 7; C. Supp. 1950, § 552.39 (Williams, § 552.62); Acts 1974, ch. 430, § 1; 1978, ch. 596, § 1; T.C.A. (orig. ed.), § 43-2408.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 21 - FAIRS (§§ 43-21-101 — 43-21-204) › Part 1 - STATE AID (§§ 43-21-101 — 43-21-112) › Section 43-21-109 - Determination of compliance - Issuance of voucher upon compliance

(a)
The commissioner of agriculture shall determine from the evidence outlined above, namely, reports and checks or receipts, and by any inquiries that shall be considered necessary by the commissioner, whether or not the fair has been held in accordance with all the foregoing provisions of this chapter.
(b)
If, in the commissioner's judgment, the fair has complied with all the requirements of this chapter, the commissioner shall issue a state voucher according to the regular accounting procedures in effect in the department of agriculture and shall pass such voucher on to the department of finance and administration for approval; but the commissioner shall refuse to pay state aid to any fair that has not been held in accordance with this chapter.
Acts 1949, ch. 156, § 8; C. Supp. 1950, § 552.40 (Williams, § 552.63); impl. am. Acts 1959, ch. 9, § 3; impl. am. Acts 1961, ch. 97, § 3; T.C.A. (orig. ed.), § 43-2409.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 21 - FAIRS (§§ 43-21-101 — 43-21-204) › Part 1 - STATE AID (§§ 43-21-101 — 43-21-112) › Section 43-21-110 - Commissioner authorized to make regulations

The commissioner of agriculture is empowered to make such rules and regulations in conformity with this chapter as, in the commissioner's judgment, may promote better agricultural fairs and agriculture in general in Tennessee.
Acts 1949, ch. 156, § 9; C. Supp. 1950, § 552.41 (Williams, § 552.64); T.C.A. (orig. ed.), § 43-2410.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 21 - FAIRS (§§ 43-21-101 — 43-21-204) › Part 1 - STATE AID (§§ 43-21-101 — 43-21-112) › Section 43-21-112 - Limitation on amount of state aid

No fair shall receive state aid in excess of fifty percent (50%) of its approved agricultural premiums in any one (1) year under this chapter. In no case shall a fair association in any one (1) season be paid in both state aid and merit award combined more than one half (1/2) the amount paid by the association in approved agricultural premiums as set out in §
43-21-106
.
Acts 1957, ch. 261, § 4; 1963, ch. 135, § 3; T.C.A., § 43-2412; Acts 1980, ch. 670, § 6.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 21 - FAIRS (§§ 43-21-101 — 43-21-204) › Part 2 - YOUTH ADVISORY COUNCIL (§§ 43-21-201 — 43-21-204) › Section 43-21-201 - Establishment

The commissioner of agriculture is authorized to appoint and convene a youth advisory council to study and recommend to the commissioner methods of promoting the involvement of youth in Tennessee agricultural fairs and shows.
Acts 1981, ch. 288, § 1.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 21 - FAIRS (§§ 43-21-101 — 43-21-204) › Part 2 - YOUTH ADVISORY COUNCIL (§§ 43-21-201 — 43-21-204) › Section 43-21-202 - Membership

(a)
The council may consist of up to nine (9) members, appointed in such manner as to give equal representation to each of the three (3) grand divisions of the state. The commissioner shall appoint at least one (1) member from the membership of each of the following organizations: Future Farmers of America, 4-H, and Future Homemakers of America.
(b)
Members must be sixteen (16) through twenty-one (21) years of age, and they must be recommended to serve on the council by the board of any agricultural fair.
Acts 1981, ch. 288, § 1.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 21 - FAIRS (§§ 43-21-101 — 43-21-204) › Part 2 - YOUTH ADVISORY COUNCIL (§§ 43-21-201 — 43-21-204) › Section 43-21-203 - Meetings - Expenses

The council may be convened as often as three (3) times annually, and expenses of council members shall be reimbursed in accordance with the comprehensive travel regulations promulgated by the department of finance and administration and approved by the attorney general and reporter.
Acts 1981, ch. 288, § 1.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 21 - FAIRS (§§ 43-21-101 — 43-21-204) › Part 2 - YOUTH ADVISORY COUNCIL (§§ 43-21-201 — 43-21-204) › Section 43-21-204 - Terms of members

Members shall serve at the pleasure of the commissioner of agriculture.
Acts 1981, ch. 288, § 1.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 22 - FARM BUREAU (§§ 43-22-101 — 43-22-104) › Section 43-22-101 - Use of words "farm bureau" restricted to Tennessee Farm Bureau Federation

The use of the words "farm bureau" by any person, firm, partnership, association, corporation, or other business enterprise doing business in the state of Tennessee, except by the Tennessee Farm Bureau Federation, or its subsidiaries, or affiliate associations, is unlawful.
Acts 1949, ch. 46, § 1; C. Supp. 1950, § 552.42 (Williams, § 11412.16); T.C.A. (orig. ed.), § 43-2301.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 22 - FARM BUREAU (§§ 43-22-101 — 43-22-104) › Section 43-22-102 - Other uses of words "farm bureau" unlawful - Exception

The use of the words "farm bureau," either preceded by or followed by the name of any state, county, or town, or by any word designating a product, service, activity, or enterprise in the state of Tennessee, is unlawful; provided, that this shall not limit nor affect the right of the Tennessee Farm Bureau Federation, or any of its affiliate associations, to the free use of such words.
Acts 1949, ch. 46, § 2; C. Supp. 1950, § 552.43 (Williams, § 11412.17); T.C.A. (orig. ed.), § 43-2302.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 22 - FARM BUREAU (§§ 43-22-101 — 43-22-104) › Section 43-22-103 - Federation's permission to use words - Methods of exercising

The Tennessee Farm Bureau Federation may authorize its affiliate or associate organizations, services, or activities to use the words "farm bureau" by resolution duly adopted and spread upon the minutes of its board of directors, a certified copy of which shall be filed with the secretary of state before these words shall be used by any other than the Tennessee Farm Bureau Federation.
Acts 1949, ch. 46, § 3; C. Supp. 1950, § 552.44 (Williams, § 11412.18); T.C.A. (orig. ed.), § 43-2303.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 22 - FARM BUREAU (§§ 43-22-101 — 43-22-104) › Section 43-22-104 - Penalty for violation

Any person, firm, partnership, association, or corporation violating any of the provisions of this chapter commits a Class C misdemeanor.
Acts 1949, ch. 46, § 4; C. Supp. 1950, § 552.45 (Williams, § 11412.19); T.C.A. (orig. ed.), § 43-2304; Acts 1989, ch. 591, § 113.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 24 - TENNESSEE COMMUNITY GARDENING (§§ 43-24-101 — 43-24-105) › Section 43-24-101 - Short title

This chapter shall be known and may be cited as the "Tennessee Community Gardening Act."
Amended by 2014 Tenn. Acts, ch. 556,s 1, eff. 3/21/2014.
Acts 1977, ch. 409, § 2; T.C.A., § 43-3101.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 24 - TENNESSEE COMMUNITY GARDENING (§§ 43-24-101 — 43-24-105) › Section 43-24-102 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Community garden" means a piece of real property, either on vacant public land or on private land, cultivated by residents of a neighborhood or community, or members of a homeowners or condominium owners association for the purpose of providing the following for the use of residents of the neighborhood or community, or members of the homeowners or condominium owners association:
(A)
Vegetables, nuts, herbs, fruit, or flowers, whether by means of cultivating annual, biennial or perennial plants, or trees; and
(B)
Honey and honey byproducts, through the placement and use of beehives;
(2)
"Grand-mentoring" means collaborative projects between persons sixty (60) years of age or older and students in kindergarten through twelfth (K-12) grade;
(3)
"Local government" means any municipality, county or metropolitan government;
(4)
"Use" means, when applied to gardening and beekeeping, to make use of, without conveyance of title or any other ownership; and
(5)
"Vacant public land" means land owned by a local government that is not in use for public purposes, and includes property controlled by a parks and recreation department or similar entity that is not currently being used as park land.
Amended by 2022 Tenn. Acts, ch. 765, s 1, eff. 3/31/2022.
Amended by 2017 Tenn. Acts, ch. 35, Secs.s 1, s 2eff. 3/30/2017.
Amended by 2014 Tenn. Acts, ch. 556, s 1, eff. 3/21/2014.
Amended by 2013 Tenn. Acts, ch. 3, s 1, eff. 3/7/2013.
Acts 1977, ch. 409, § 1; T.C.A., §43-3102; Acts 2009 , ch. 66, § 2; 2011 , ch. 330, §§ 1, 2.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 24 - TENNESSEE COMMUNITY GARDENING (§§ 43-24-101 — 43-24-105) › Section 43-24-104 - Chapter to be liberally construed - Property owners urged to expedite use of vacant or unused property for community gardening

It is the policy of the state to encourage community gardening on both public and private property, and to that end this chapter shall be liberally construed. Local governments, homeowner or condominium associations, neighborhood or community associations, and private property owners are urged to expedite the use of vacant or unused real property under their control for community gardening to the furthest extent practicable.
Amended by 2014 Tenn. Acts, ch. 556, s 1, eff. 3/21/2014.
Acts 1977, ch. 409, § 4; T.C.A., §43-3104; Acts 2011 , ch. 330, § 4.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 24 - TENNESSEE COMMUNITY GARDENING (§§ 43-24-101 — 43-24-105) › Section 43-24-105 - Registration as beekeeper

Any person, including, but not limited to, a grand mentor, who provides honey or honey byproducts through the placement and use of beehives under this chapter shall first be registered as a beekeeper pursuant to the Tennessee Apiary Act of 1995, compiled in title 44, chapter 15, and shall be subject to all provisions of such act.
Added by 2017 Tenn. Acts, ch. 35,s 3, eff. 3/30/2017.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 25 - REGISTRATION OF FARM NAMES (§§ 43-25-101 — 43-25-105) › Section 43-25-101 - Names of farms and farm homes may be registered, and be placed on or near public highway

All owners of farms and farm homes located in this state are authorized and empowered, in their discretion, to adopt suitable names for their farms or farm homes and to register the names with the department of agriculture, as provided in §
43-25-104
, each name to be placed in a conspicuous place on or near a public highway.
Acts 1925, ch. 34, § 1; Shan. Supp., § 320a1; Code 1932, § 437; T.C.A. (orig. ed.), § 43-2501.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 25 - REGISTRATION OF FARM NAMES (§§ 43-25-101 — 43-25-105) › Section 43-25-102 - Registration of a farm or farm home name prevents registration under a like name

When any owner or owners of any farm or farms or farm home located in any county in this state have complied with this chapter, no other farm or farm home located in that county shall be registered under a like name.
Acts 1925, ch. 34, § 2; Shan. Supp., § 320a2; Code 1932, § 438; T.C.A. (orig. ed.), § 43-2502.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 25 - REGISTRATION OF FARM NAMES (§§ 43-25-101 — 43-25-105) › Section 43-25-103 - Application blanks to be furnished

It is the duty of the commissioner to have printed suitable blanks upon which application for registration shall be made, and to furnish blanks to all persons desiring to comply with this chapter.
Acts 1925, ch. 34, § 4; Shan. Supp., § 320a4; Code 1932, § 440; T.C.A. (orig. ed.), § 43-2503.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 25 - REGISTRATION OF FARM NAMES (§§ 43-25-101 — 43-25-105) › Section 43-25-104 - Application for registration of name - Contents - Form

(a)
Any person desiring to register the name of that person's farm or farm home with the department shall make application for registration to the commissioner upon forms to be furnished by the commissioner.
(b)
The application shall give the name adopted for the farm or farm home and its post office address and rural route and shall be signed by the person making the application.
Acts 1925, ch. 34, § 3; Shan. Supp., § 320a3; Code 1932, § 439; T.C.A. (orig. ed.), § 43-2504.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 25 - REGISTRATION OF FARM NAMES (§§ 43-25-101 — 43-25-105) › Section 43-25-105 - Registration books - Certificate of registration

The commissioner shall provide a suitable book or books in which to enter the registrations provided for in this chapter; and, upon receipt of such applications for registration, shall cause the registration to be entered in the book or books by counties in compliance with this chapter, and shall issue to the person entitled thereto a certificate of registration.
Acts 1925, ch. 34, § 4; Shan. Supp., § 320a5; Code 1932, § 441; T.C.A. (orig. ed.), § 43-2505.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 26 - RIGHT TO FARM (§§ 43-26-101 — 43-26-104) › Section 43-26-101 - Short title

This chapter shall be known and may be cited as the "Tennessee Right to Farm Act."
Acts 1982, ch. 609, § 1.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 26 - RIGHT TO FARM (§§ 43-26-101 — 43-26-104) › Section 43-26-102 - Chapter definitions

As used in this chapter, unless the context otherwise requires:
(1)
"Farm" means the land, buildings, and machinery used in the commercial production of farm products and nursery stock as defined in §
70-8-303
;
(2)
"Farm operation" means a condition or activity that occurs on a farm in connection with the commercial production of farm products or nursery stock as defined in §
70-8-303
, and includes, but is not limited to: marketed produce at roadside stands or farm markets; noise; odors; dust; fumes; operation of machinery and irrigation pumps; ground and aerial seeding and spraying; the application of chemical fertilizers, conditioners, insecticides, pesticides, and herbicides; the employment and use of labor; marketing of farm products in conjunction with the production of farm products thereof; and any other form of agriculture as defined in §
43-1-113
; and
(3)
"Farm product" means those plants and animals useful to man and includes, but is not limited to, forages and sod crops; grains and feed crops; dairy and dairy products; poultry and poultry products; livestock, including breeding and grazing; fruits; vegetables; flowers; seeds; grasses; hemp, as defined in §
43-27-101
; trees; fish; apiaries; equine and other similar products; or any other product that incorporates the use of food, feed, fiber or fur.
(4)
[Deleted by 2019 amendment.]
Amended by 2019 Tenn. Acts, ch. 87, Secs.s 5, s 6eff. 4/4/2019.
Amended by 2017 Tenn. Acts, ch. 369, s 1, eff. 5/11/2017.
Amended by 2014 Tenn. Acts, ch. 581, s 3, eff. 3/28/2014.
Amended by 2016 Tenn. Acts, ch. 891, s 1, eff. 4/27/2016.
Amended by 2014 Tenn. Acts, ch. 916, s 4, eff. 7/1/2014.
Amended by 2014 Tenn. Acts, ch. 916, s 3, eff. 7/1/2014.
Acts 1982, ch. 609, § 2; 2002, ch. 592, §§ 1, 2.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 26 - RIGHT TO FARM (§§ 43-26-101 — 43-26-104) › Section 43-26-103 - Farms presumed not nuisances

(a)
It is a rebuttable presumption that a farm or farm operation is not a public or private nuisance. The presumption created by this subsection (a) may be overcome only if the person claiming a public or private nuisance establishes by a preponderance of the evidence that either:
(1)
The farm operation, based on expert testimony, does not conform to generally accepted agricultural practices; or
(2)
The farm or farm operation alleged to cause the nuisance does not comply with any applicable statute or rule, including without limitation statutes and rules administered by the department of agriculture or the department of environment and conservation.
(b)
[Deleted by 2019 amendment.]
(c)
[Deleted by 2019 amendment.]
(d)
[Deleted by 2019 amendment.]
(e)
[Deleted by 2019 amendment.]
Amended by 2019 Tenn. Acts, ch. 87,s 7, eff. 4/4/2019.
Amended by 2017 Tenn. Acts, ch. 369,s 2, eff. 5/11/2017.
Amended by 2016 Tenn. Acts, ch. 891,s 2, eff. 4/27/2016.
Amended by 2016 Tenn. Acts, ch. 728,s 1, eff. 4/7/2016.
Amended by 2014 Tenn. Acts, ch. 916,s 5, eff. 7/1/2014.
Acts 1982, ch. 609, § 3; 2002, ch. 604, § 1.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 26 - RIGHT TO FARM (§§ 43-26-101 — 43-26-104) › Section 43-26-104 - Applicability of chapter - Construction

This chapter does not affect any rights or duties that exist or mature under title 44, chapter 18. This chapter shall be broadly construed to effectuate its purposes.
Amended by 2014 Tenn. Acts, ch. 581,s 4, eff. 3/28/2014.
Acts 1982, ch. 609, § 4.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 27 - HEMP (§§ 43-27-101 — 43-27-211) › Part 1 - GENERAL PROVISIONS (§§ 43-27-101 — 43-27-108) › Section 43-27-101 - Chapter definitions

As used in this chapter:
(1)
"Commissioner" means the commissioner of agriculture;
(2)
"Department" means the department of agriculture;
(3)
"Hemp" means the plant cannabis sativa L. and any part of that plant, including the seeds thereof and all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta-9 tetrahydrocannabinol (THC) concentration of not more than three-tenths of one percent (0.3%) on a dry weight basis;
(4)
"Hemp concentrate" means a concentrate with a delta-9 tetrahydrocannabinol (THC) concentration of not more than five percent (5%) that is derived from hemp solely for purposes of reconstitution into consumer products with a delta-9 tetrahydrocannabinol (THC) concentration of not more than three-tenths of one percent (0.3%); and
(5)
"THC" means delta-9 tetrahydrocannabinol.
Added by 2019 Tenn. Acts, ch. 87, s 12, eff. 4/4/2019.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 27 - HEMP (§§ 43-27-101 — 43-27-211) › Part 1 - GENERAL PROVISIONS (§§ 43-27-101 — 43-27-108) › Section 43-27-102 - Hemp license - Requirements - Records

(a)
Any person who produces hemp in this state shall obtain an annual license from the department.
(b)
In order to obtain and maintain a hemp license, a person must:
(1)
Submit to the department a description of all land on which the person produces hemp in this state, to include global positioning system coordinates and other information sufficient to identify the property;
(2)
Submit to the department any other information prescribed by rules as necessary for the efficient enforcement of this chapter;
(3)
Consent to reasonable inspection and sampling by the department of the person's hemp crop and inventory; and
(4)
Not be convicted of a state or federal felony drug offense within the previous ten (10) years.
(c)
The department shall maintain all records that the department creates, or that are submitted to the department, for regulation of hemp in this state for a period of at least five (5) years.
Added by 2019 Tenn. Acts, ch. 87, s 12, eff. 4/4/2019.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 27 - HEMP (§§ 43-27-101 — 43-27-211) › Part 1 - GENERAL PROVISIONS (§§ 43-27-101 — 43-27-108) › Section 43-27-103 - Prohibited acts - Exceptions

(a)
The following acts within this state are prohibited:
(1)
Possession of rooted hemp by any person, other than a common carrier, without a valid license issued by the department;
(2)
Possession of cannabis with THC concentrations greater than three-tenths of one percent (0.3%) on a dry weight basis;
(3)
Failure to pay upon reasonable notice any license, sampling, or inspection fee assessed by the department;
(4)
Violation of this chapter or any rule promulgated under this chapter; or
(5)
Willful hindrance of the commissioner or the commissioner's authorized agent in performance of their official duties.
(b)
It is an exception to the application of subdivision (a)(2) that the only cannabis with a THC concentration greater than three-tenths of one percent (0.3%) on a dry weight basis in the person's possession was hemp concentrate and the person was transporting the hemp concentrate within this state from the location where the hemp concentrate was produced to a location where the hemp concentrate was to be reconstituted into consumer products with a THC concentration of not more than three-tenths of one percent (0.3%); provided, however, that the person transporting the hemp concentrate under this subsection (b) must maintain proof of a grower's license from the department in the transport vehicle.
Added by 2019 Tenn. Acts, ch. 87, s 12, eff. 4/4/2019.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 27 - HEMP (§§ 43-27-101 — 43-27-211) › Part 1 - GENERAL PROVISIONS (§§ 43-27-101 — 43-27-108) › Section 43-27-104 - Authority of commissioner

(a)
The commissioner is authorized to:
(1)
Administer this chapter;
(2)
Take all action necessary to obtain primary regulatory authority over the production of hemp in this state, as authorized by Section 297 of the Agriculture Improvement Act of 2018 (Public Law 115-334);
(3)
Promulgate rules in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, as necessary for regulation of hemp in accordance with the federal Agriculture Improvement Act of 2018 and as determined by the commissioner to be necessary for the efficient enforcement of this chapter;
(4)
Determine requirements for and issue licenses for the production of hemp in this state;
(5)
Deny or revoke licenses and issue civil penalties up to one thousand dollars ($1,000) for each violation of this chapter or its rules;
(6)
Establish reasonable fees for hemp licenses necessary to implement and administer a hemp program in this state on an ongoing basis. All revenue collected from fees established under this subdivision (a)(6) must be used exclusively for administration of a hemp regulatory program by the department;
(7)
Require the maintenance or filing of records;
(8)
Enter during normal business hours any premises or conveyance of a person licensed under this chapter for purposes of inspection, sampling, and observation and copying of records required under this chapter; and
(9)
Provide, on at least a quarterly basis, a list of persons licensed pursuant to this chapter to the department of safety, for the department of safety's publication on its website. A licensee's inclusion on the list may be used as proof for purposes of satisfying the exception described in §
39-17-427(2)
.
(b)
All rules promulgated by the department prior to July 1, 2019, for regulation of industrial hemp are null and void immediately upon rules promulgated to effectuate chapter 87 of the Public Acts of 2019 taking effect. Within one hundred twenty (120) days of chapter 87 of the Public Acts of 2019 becoming law, the department shall promulgate rules necessary to effectuate the purposes of this chapter. The commissioner is authorized to file emergency rules under §
4-5-208
as necessary for compliance with this subsection (b).
Added by 2019 Tenn. Acts, ch. 87, s 12, eff. 4/4/2019.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 27 - HEMP (§§ 43-27-101 — 43-27-211) › Part 1 - GENERAL PROVISIONS (§§ 43-27-101 — 43-27-108) › Section 43-27-105 - Enforcement of chapter - Sample and analysis of hemp produced in state

(a)
The department shall enforce this chapter in a manner that may reasonably be expected to prevent production or distribution of cannabis with THC concentrations exceeding three-tenths of one percent (0.3%) on a dry weight basis, including random inspections and sampling of hemp licensees to ensure compliance with this chapter and rules promulgated under this chapter.
(b)
The department shall sample and analyze hemp produced in this state and hemp products distributed in this state for THC concentrations, tested according to protocols prescribed by rule under this chapter. Departmental testing methods shall employ liquid chromatography tandem mass spectrometry, in a manner similarly reliable to post-decarboxylation, to determine a cannabinoid profile of samples tested, including their THC concentrations.
Added by 2019 Tenn. Acts, ch. 87, s 12, eff. 4/4/2019.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 27 - HEMP (§§ 43-27-101 — 43-27-211) › Part 1 - GENERAL PROVISIONS (§§ 43-27-101 — 43-27-108) › Section 43-27-107 - Jurisdiction for violations

When the commissioner has reason to believe that a person is causing or has caused a violation of this chapter or the rules promulgated under this chapter, the commissioner may initiate proceedings in either the chancery court of Davidson County or the chancery court of the county where the violation occurred, for injunctive relief to prevent the continuance of the violation or to correct the conditions resulting in the violation.
Added by 2019 Tenn. Acts, ch. 87, s 12, eff. 4/4/2019.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 27 - HEMP (§§ 43-27-101 — 43-27-211) › Part 1 - GENERAL PROVISIONS (§§ 43-27-101 — 43-27-108) › Section 43-27-108 - Exemption from other applicable statutes and rules not provided by this chapter

This chapter does not exempt any person from enforcement of statutes and rules applicable to particular uses of hemp, including, but not limited to, food safety statutes and rules for distribution of food products; feed statutes and rules for distribution of commercial feed; and seed statutes and rules for distribution of seed.
Added by 2019 Tenn. Acts, ch. 87, s 12, eff. 4/4/2019.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 27 - HEMP (§§ 43-27-101 — 43-27-211) › Part 2 - HEMP-DERIVED CANNABINOIDS (§§ 43-27-201 — 43-27-211) › Section 43-27-201 - Purpose

The purpose of this part is to regulate the sale and distribution of products containing a hemp-derived cannabinoid.
Added by 2023 Tenn. Acts, ch. 423, s 1, eff. 7/1/2024.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 27 - HEMP (§§ 43-27-101 — 43-27-211) › Part 2 - HEMP-DERIVED CANNABINOIDS (§§ 43-27-201 — 43-27-211) › Section 43-27-202 - Part definitions

As used in this part, unless the context otherwise requires:
(1)
"Batch" means a single stock keeping unit with common cannabinoid input or a hemp flower of the same varietal and harvested on the same date and manufactured during a defined cycle in such a way that it could be expected to be of a uniform character and should be designated as such;
(2)
"Hemp-derived cannabinoid":
(A)
Means:
(i)
A cannabinoid other than delta-9 tetrahydrocannabinol, or an isomer derived from such cannabinoid, that is derived from hemp in a concentration of more than one-tenth of one percent (0.1%); or
(ii)
A hemp-derived product containing delta-9 tetrahydrocannabinol in a concentration of three-tenths of one percent (0.3%) or less on a dry weight basis;
(B)
Includes, but is not limited to:
(i)
Delta-8 tetrahydrocannabinol;
(ii)
Delta-10 tetrahydrocannabinol;
(iii)
Hexahydrocannabinol;
(iv)
Tetrahydrocannabiphorol (THCp);
(v)
Tetrahydrocannabivarin (THCv); and
(vi)
Tetrahydrocannabinolic acid (THCa); and
(C)
Does not include:
(i)
Cannabichromene (CBC/CBCa/CBCv);
(ii)
Cannabicitran (CBT/CBTa);
(iii)
Cannabicyclol (CBL/CBLa);
(iv)
Cannabidiol (CBD/CBDa/CBDv/CBDp);
(v)
Cannabielsoin (CBE/CBEa);
(vi)
Cannabigerol (CBG/CBGa/CBGv/CBGm);
(vii)
Cannabinol (CBN/CBNa);
(viii)
Cannabivarin (CBV/CBVa);
(ix)
Hemp-derived feed products allowed under title 44, chapter 6;
(x)
Hemp-derived fiber, grain, or topical products; or
(xi)
A substance that is categorized as a Schedule I controlled substance on or after July 1, 2023, including a substance that may be identified in subdivision (2)(B);
(3)
"Manufacture" means to compound, blend, extract, infuse, cook, or otherwise make or prepare products containing a hemp-derived cannabinoid, including the processes of extraction, infusion, packaging, repackaging, labeling, and relabeling of products containing a hemp-derived cannabinoid;
(4)
"Proof of age" means a valid driver license or other government-issued identification card that contains a photograph of the person and confirms the person's age as twenty-one (21) years of age or older;
(5)
"Retailer" means a person or entity that sells products containing a hemp-derived cannabinoid for consumption and not for resale;
(6)
"Serving" means a quantity of a hemp-derived cannabinoid product reasonably suitable for a single person's daily use; and
(7)
"Supplier" means a person or entity that manufactures hemp-derived cannabinoids or sells products containing hemp-derived cannabinoids to retailers.
Added by 2023 Tenn. Acts, ch. 423, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 27 - HEMP (§§ 43-27-101 — 43-27-211) › Part 2 - HEMP-DERIVED CANNABINOIDS (§§ 43-27-201 — 43-27-211) › Section 43-27-203 - License required for manufacturing, producing, or selling hemp - derived cannabinoid products - Offenses and penalties

(a)
(1)
It is an offense for a person or entity to engage in the business of manufacturing, producing, or selling products containing a hemp-derived cannabinoid in this state without a valid license required by this part.
(2)
A product containing a hemp-derived cannabinoid that is sold or offered for sale in violation of subdivision (a)(1) is subject to seizure and forfeiture pursuant to §
53-11-451
.
(b)
(1)
It is an offense to knowingly sell or distribute a product containing a hemp-derived cannabinoid without having first obtained proof of age from the purchaser or recipient.
(2)
It is an offense for a person to knowingly sell or distribute a product containing a hemp-derived cannabinoid to a person who is under twenty-one (21) years of age or to purchase a product containing a hemp-derived cannabinoid on behalf of a person who is under twenty-one (21) years of age.
(3)
It is an offense for a person to knowingly assist a person who is under twenty-one (21) years of age to purchase, acquire, receive, or attempt to purchase a product containing a hemp-derived cannabinoid.
(4)
It is an offense for a person who is under twenty-one (21) years of age to knowingly purchase, possess, or accept receipt of a product containing a hemp-derived cannabinoid or to knowingly present purported proof of age that is false, fraudulent, or not actually that person's for the purpose of purchasing or receiving a product containing a hemp-derived cannabinoid.
(5)
This subsection (b) does not preclude law enforcement efforts involving:
(A)
The use of a minor if the minor's parent or legal guardian has consented to this action; or
(B)
The use of a person under twenty-one (21) years of age who is not a minor if the individual has consented to this action.
(c)
It is an offense to knowingly distribute samples of products containing a hemp-derived cannabinoid in or on a public street, sidewalk, or park.
(d)
A violation of this section is a Class A misdemeanor.
(e)
Notwithstanding this part to the contrary and except as provided in §
43-27-205
, state and local law enforcement officers have concurrent jurisdiction to enforce violations of this section and §
43-27-204
.
Added by 2023 Tenn. Acts, ch. 423, s 1, eff. 7/1/2024.
Acts 2023, ch. 423, § 1.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 27 - HEMP (§§ 43-27-101 — 43-27-211) › Part 2 - HEMP-DERIVED CANNABINOIDS (§§ 43-27-201 — 43-27-211) › Section 43-27-204 - Maintenance of hemp derived cannabinoids in retail establishments - Violations

(a)
As used in this section:
(1)
"Counter" means the point of purchase at a retail establishment; and
(2)
"Retail establishment" means a place of business open to the general public for the sale of goods or services and does not include a place of business for which entry is limited to persons twenty-one (21) years of age or older.
(b)
A product containing a hemp-derived cannabinoid must be maintained behind the counter of a retail establishment in an area inaccessible to a customer.
(c)
A violation of this section is a Class A misdemeanor.
Added by 2023 Tenn. Acts, ch. 423, s 1, eff. 7/1/2023.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 27 - HEMP (§§ 43-27-101 — 43-27-211) › Part 2 - HEMP-DERIVED CANNABINOIDS (§§ 43-27-201 — 43-27-211) › Section 43-27-205 - Responsibilities of the department of agriculture - Responsibilities of the department of revenue - Annual reports

(a)
The department of agriculture is responsible for:
(1)
Issuing licenses to suppliers and retailers under this part;
(2)
Overseeing the manufacture and distribution of hemp-derived cannabinoid products by licensed suppliers, including ensuring compliance with labeling, product testing, and transportation requirements and conducting necessary inspections, prior to a product's delivery or sale to a retailer; and
(3)
Conducting random, unannounced inspections at locations where hemp-derived cannabinoids and products containing hemp-derived cannabinoids are manufactured, distributed, or sold to ensure compliance with this part.
(b)
The department of revenue:
(1)
Is responsible for ensuring retailers are in compliance with this part and applicable tax provisions under title 67, including §
67-6-232
;
(2)
Shall enforce this part in a manner that may reasonably be expected to reduce the extent to which non-compliant hemp-derived cannabinoid products are sold and shall conduct random, unannounced inspections at retail locations where such products are sold to ensure compliance with this part. The department of revenue shall determine the frequency of random, unannounced inspections required under this subdivision (b)(2); and
(3)
Is authorized to confiscate non-compliant hemp-derived cannabinoid products as contraband in the manner described in title 53, chapter 11. All products that the department of revenue confiscates under this subdivision (b)(3) are subject to seizure and forfeiture pursuant to §
53-11-451
.
(c)
Each department shall submit an annual report to the general assembly describing in detail the department's compliance and enforcement efforts under this part. The report must also be published and made available to the public on each department's website.
Added by 2023 Tenn. Acts, ch. 423, s 1, eff. 7/1/2024.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 27 - HEMP (§§ 43-27-101 — 43-27-211) › Part 2 - HEMP-DERIVED CANNABINOIDS (§§ 43-27-201 — 43-27-211) › Section 43-27-207 - Product testing requirements - Department of agriculture maintenance of list of qualified testing laboratories

(a)
Testing of products and substances must be conducted as follows:
(1)
Full-panel testing on all active cannabinoid molecules must be conducted prior to final production of products containing a hemp-derived cannabinoid; and
(2)
A potency test must be conducted on finished goods to confirm potency is consistent with stated potency on the packaging.
(b)
(1)
A supplier or retailer must contract with a third-party laboratory to provide the testing required by subsection (a).
(2)
The department of agriculture is authorized to promulgate rules specifying which types of tests may be used to satisfy the requirements of subsection (a) and the qualifications for laboratories from which the department will accept test results.
(c)
Each batch manufactured must undergo testing and obtain a certificate of analysis by a third-party laboratory qualified under subsection (b).
(d)
The department of agriculture shall:
(1)
Promulgate rules specifying pass/fail action levels for safety and toxicity with respect to the testing required by subsection (a);
(2)
Maintain and post on its website a registry of testing laboratories that are qualified to test intermediate manufactured material and finished products containing a hemp-derived cannabinoid;
(3)
Develop an application and process by which qualifying laboratories are listed on its website. The application submitted by a potentially qualifying laboratory must include a sample certificate of analysis issued by the applying laboratory; and
(4)
Sample and analyze products containing a hemp-derived cannabinoid produced, distributed, or offered for sale in this state for cannabinoid concentrations, tested according to protocols prescribed by rule under this part. Departmental testing methods must employ liquid chromatography tandem mass spectrometry, in a manner similarly reliable to post-decarboxylation, to determine a cannabinoid profile of samples tested, including their THC concentrations.
Added by 2023 Tenn. Acts, ch. 423, s 1, eff. 7/1/2024.
2023 Tennessee Code › Title 43 - AGRICULTURE AND HORTICULTURE (§§ 43-1-101 — 43-40-105) › Chapter 27 - HEMP (§§ 43-27-101 — 43-27-211) › Part 2 - HEMP-DERIVED CANNABINOIDS (§§ 43-27-201 — 43-27-211) › Section 43-27-208 - Transportation of hemp - derived cannabinoid products - Required documentation - Exceptions

(a)
Except as provided in subsection (b), a person transporting products containing a hemp-derived cannabinoid into, within, or through this state shall carry:
(1)
Documentation sufficient to prove that the products being shipped or transported:
(A)
Were produced from hemp that was lawfully produced under a state or tribal hemp plan approved by the United States department of agriculture, under a hemp license issued by the United States department of agriculture, or otherwise in accordance with federal regulations through the state or territory of the Indian tribe, as applicable; and
(B)
Do not exceed the cannabinoid limits for hemp-derived cannabinoids; and
(2)
A bill of lading that includes:
(A)
Name and address of the owner of the products;
(B)
Point of origin;
(C)
Point of delivery, including name and address;
(D)
Kind and quantity of packages or, if in bulk, the total quantity of products in the shipment; and
(E)
Date of shipment.
(b)
Subsection (a) does not apply to a person in possession of products containing a hemp-derived cannabinoid that were purchased from a retailer that is licensed under this part.
Added by 2023 Tenn. Acts, ch. 423, s 1, eff. 7/1/2024.