2021 Tennessee Code
Title 43 - Agriculture and Horticulture

§ 43-6-105. Uniform Administrative Procedures Act Applicable — Exception for Quarantine Procedure - Administration of this part shall comply with the Uniform Administrative...

§ 43-6-106. Duties of Commissioner — Powers - It is the duty of the commissioner to protect the...

§ 43-6-107. Appointment of Assistants — Cooperative Agreements — Official Publication - The commissioner has the power and authority to:

§ 43-6-108. Promulgation of Rules — Certified Copies in Evidence - All rules and regulations made pursuant to this part shall...

§ 43-6-109. Pests and Diseases — Special Permits - The introduction into this state of any insect pests, pest...

§ 43-6-110. Isolation of Plants and Products — Inspection - Any person, including common carriers, who shall knowingly receive plants,...

§ 43-6-111. Liability of Principal - In construing and enforcing this part, the act, omission or...

§ 43-6-112. Violations — Penalty - Any person who violates any provision or requirement of this...

Part 2 - Eradication of Johnson Grass

§ 43-6-201. Adoption of Part by County Legislative Body - The various county legislative bodies of the state may by...

§ 43-6-202. Johnson Grass Extermination Areas — Designation by Commissioner of Agriculture — Notice - The commissioner of agriculture shall within thirty (30) days after...

§ 43-6-206. Failure to Comply — Prosecution - Upon failure or refusal to comply with this part, the...

§ 43-6-208. Nuisance — Action to Enjoin - The existence or growth of Johnson grass, in counties electing...

§ 43-6-209. Appropriation of Funds by County - Upon the adoption of this part by a county, such...

§ 43-6-210. Removal of County From Provisions of Part - When any particular county has adopted this part and brings...

Part 4 - Eradication of the Cotton Boll Weevil

§ 43-6-401. Purpose - The general assembly has found and determined and does declare...

§ 43-6-402. Part Definitions - As used in this part, unless the context otherwise requires:

§ 43-6-403. Commissioner — Duty — Cooperation With Agencies, Groups or Persons - The commissioner shall carry out programs to destroy and eliminate...

§ 43-6-404. Commissioner — Powers - The commissioner may enter cotton fields and other premises in...

§ 43-6-405. Cotton Growers — Submission of Form - Every person growing cotton in this state shall furnish to...

§ 43-6-406. Promulgation of Rules — Quarantine - Whenever the commissioner determines that such action is necessary, or...

§ 43-6-407. Elimination Zones — Designation — Rules — Penalties - The commissioner may designate by rule one (1) or more...

§ 43-6-408. Destruction or Treatment of Cotton in Elimination Zones - The commissioner may destroy or, in the commissioner's discretion, treat...

§ 43-6-424. Referendum — Management and Expense - The arrangements for, and management of, any referendum held under...

Part 5 - Suppression of Black Flies

§ 43-6-501. Legislative Intent - The general assembly recognizes the negative impact of uncontrolled populations...

§ 43-6-503. Biological Control Agent - The biological control agent used in the program shall be...

Chapter 8 - Pesticides

Part 1 - General Provisions

§ 43-8-101. Short Title - This part and part 2 of this chapter shall be...

§ 43-8-102. Part Definitions - As used in this part and part 2 of this...

§ 43-8-105. Defacing or Destroying Label, Refusing Information, False Guaranty, Revelation of Formula, Noncooperation With Officials Prohibited - It is unlawful:

§ 43-8-109. Injunction Obtained to Restrain Violations - In addition to other remedies provided in this part, the...

§ 43-8-110. “Stop Sale, Use, or Removal” Orders — Issuance and Enforcement - It is the duty of the commissioner to issue and...

§ 43-8-112. Authority Vested in Commissioner Delegable to Department of Agriculture Employees - All authority vested in the commissioner by virtue of this...

Part 2 - Pesticide Dealers

§ 43-8-203. Qualifications for Pesticide Dealer License - Each applicant for an original license must demonstrate, upon written,...

Part 3 - Aerial Application of Pesticides

§ 43-8-301. Part Definitions - As used in this part, unless the context otherwise requires:

§ 43-8-302. Powers and Duties of Commissioner - The commissioner has and shall exercise the following powers and...

§ 43-8-306. Violations — Penalties - Operating as a commercial aerial applicator without a license, using...

§ 43-8-307. Enjoining Violations - The commissioner, on determining that any person, firm, partnership, or...

§ 43-8-310. Denial of Licensing — Contesting Denial - The commissioner of agriculture may deny licensing to applicants not...

§ 43-8-311. Photographic Identification - Aerial applicators shall have in their possession a valid aerial...

§ 43-8-313. Securing Aircraft - All aircraft licensed under this chapter shall be secured or...

Chapter 10 - Agricultural Seeds

Part 1 - Seed Law of 1986

§ 43-10-101. Short Title - This part shall be known and may be cited as...

§ 43-10-102. Legislative Purpose - The purpose of this part is to regulate the labeling,...

§ 43-10-103. Part Definitions - As used in this part, unless the context otherwise requires:

§ 43-10-104. Label Requirements - Each container of agricultural and vegetable seeds that is sold,...

§ 43-10-105. Label Requirements — Treated Seeds - All seed named and treated as defined in this part...

§ 43-10-106. Label Requirements — Agricultural Seeds - Agricultural seeds sold, distributed, offered or exposed for sale, or...

§ 43-10-107. Label Requirements — Vegetable Seeds in Containers of One Pound or Less - Labels for vegetable seeds in containers of one (1) pound...

§ 43-10-108. Label Requirements — Vegetable Seeds in Containers of More Than One Pound - Vegetable seeds in containers of more than one (1) pound...

§ 43-10-109. Prohibitions - It is unlawful for any person to:

§ 43-10-111. Records - Each person whose name appears on the label as handling...

§ 43-10-112. Disclaimers, Nonwarranties, and Limited Warranties - A disclaimer, nonwarranty, or limited warranty used in any invoice,...

§ 43-10-113. Tolerances to Be Established and Used in Enforcement - Due to variations that may occur between the analysis or...

§ 43-10-115. Seizure - Any lot of agricultural or vegetable seeds, mixtures of such...

§ 43-10-117. Injunction - When, in the performance of official duties, the commissioner applies...

§ 43-10-118. License Fees - Each seed seller who sells, offers for sale, exposes for...

§ 43-10-120. Regulations Promulgated Under Former Statute - All regulations promulgated under prior law shall remain in effect...

Part 2 - Seed Certification

§ 43-10-201. State Seed Certifying Agency - The commissioner of agriculture, the vice president of the University...

§ 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...

§ 43-10-204. Applicability of Provisions - Any person, association, firm or corporation who issues, uses or...

§ 43-10-206. Violations — Penalties - It is unlawful for any person, firm, association or corporation...

Chapter 11 - Fertilizers and Liming Materials

Part 1 - Commercial Fertilizers

§ 43-11-101. Short Title - This part shall be known and may be cited as...

§ 43-11-102. Administration of Part - This part shall be administered by the commissioner of agriculture.

§ 43-11-103. Part Definitions - As used in this part, unless the context otherwise requires:...

§ 43-11-104. Annual Licence Fee - Every person who distributes commercial fertilizer in this state shall...

§ 43-11-110. Commercial Value - For the purpose of determining the commercial values to be...

§ 43-11-112. Misbranded Fertilizer — Distribution Prohibited - Commercial fertilizer is misbranded if it carries a false or...

§ 43-11-113. Rules and Regulations - For the enforcement of this part, the commissioner is authorized...

§ 43-11-114. Penalty for Short Weight - If any commercial fertilizer in the possession of the consumer...

§ 43-11-115. “Stop Sale, Use, or Removal” Orders - The commissioner may issue and enforce a written or printed...

§ 43-11-116. Seizure, Condemnation, and Sale - Any lot of commercial fertilizer not in compliance with this...

§ 43-11-118. Notice of Violations — Hearing — Certification of Facts to Prosecuting Attorney - If it appears from the examination of any commercial fertilizer...

§ 43-11-119. Penalty for Violations - Any person who violates or aids in violating any provision...

§ 43-11-120. Prosecution of Minor Violations Not Required — Notice of Warning - Nothing in this part shall be construed as requiring the...

§ 43-11-121. Duty of District Attorney General - It is the duty of each district attorney general to...

§ 43-11-122. Injunctions Against Violations - The commissioner is authorized to make application to any chancery...

§ 43-11-123. Exchanges Between Manufacturers - Nothing in this part shall be construed to restrict or...

§ 43-11-124. Distribution of Adulterated Fertilizer Products - No person shall distribute an adulterated fertilizer product. A fertilizer...

Part 3 - Anhydrous Ammonia

§ 43-11-301. Short Title - This part shall be known and may be cited as...

§ 43-11-302. Powers and Duties of Commissioner — Rules and Regulations - The commissioner of agriculture is vested with the power and...

§ 43-11-305. Punishment of Violations - A violation of this part or rules and regulations promulgated...

Part 4 - Liming Materials

§ 43-11-401. Short Title - This part shall be known and may be cited as...

§ 43-11-402. Part Definitions - As used in this part, unless the context requires otherwise:

§ 43-11-403. Labeling and Identification - Total calcium (Ca) percent Total magnesium (Mg) percent provided, that...

§ 43-11-408. Stop Sale, or Use or Removal Order - When the commissioner finds any lot of agricultural liming materials...

§ 43-11-409. License Suspension or Revocation - The commissioner shall have the authority to suspend or revoke...

§ 43-11-410. Rules and Regulations - The commissioner is authorized to promulgate rules and regulations to...

§ 43-11-411. Violations — Penalties - A violation of this part, or any rule or regulation...

Chapter 13 - Tennessee Equine Health Advisory Commission

§ 43-13-101. Purpose and Intent - In the interest of the public health, safety, and welfare,...

§ 43-13-102. Chapter Definitions - As used in this chapter:

§ 43-13-104. Eligibility for Membership on Commission - To be eligible for appointment to, and membership on, the...

Chapter 14 - Soil Conservation

Part 1 - Assent to Federal Law

§ 43-14-101. Assent of General Assembly to Federal Act — Policy of State — Duties of Trustees of University - The assent of the general assembly is given to the...

Part 2 - Soil Conservation Districts

§ 43-14-201. Short Title - This part shall be known and may be cited as...

§ 43-14-202. Part Definitions - As used in this part, unless the context otherwise requires:

§ 43-14-206. Duties and Powers of Committee - In addition to other duties and powers conferred upon the...

§ 43-14-210. Committee Supervising Hearings and Referenda and Paying Expenses — Informalities, Effect - The committee shall pay all expenses for the issuance of...

§ 43-14-211. Result of Referendum Published — Determination Whether Operation of District Administratively Practicable - The committee shall publish the result of the referendum and...

§ 43-14-213. Subsequent Petitions After Determination of Nonpracticability - After six (6) months have expired from the date of...

§ 43-14-214. Additional Territory — Petition to Include — Form and Contents - Petitions for including additional territory within an existing district may...

§ 43-14-215. Proper Establishment of District Proved in Action by Admission of Certificate - In any suit, action, or proceeding involving the validity or...

§ 43-14-216. Election of Three Supervisors for Each District - Within thirty (30) days after the date of issuance by...

§ 43-14-218. Powers of Districts and Supervisors - A soil conservation district organized under this part, and the...

§ 43-14-222. Cooperation Between Districts - The supervisors of any two (2) or more districts organized...

Part 3 - Soil Conservation Associations

§ 43-14-301. County Legislative Body Authorized to Purchase Terracing Equipment — Conditions - Where there is organized in a county a soil conservation...

§ 43-14-303. Analyzing Soil for Lime and Phosphate Content — Purchase of Equipment - Where there is organized in the county a soil conservation...

§ 43-14-304. Organization With Aid of University of Tennessee Extension Service - Farmers in a county desiring to organize a soil conservation...

§ 43-14-305. Purchase of Terracing Equipment With Advice of Extension Service - Before a county soil conservation association shall petition a county...

§ 43-14-306. Only Equipment Recommended to Be Purchased - Only terracing equipment recommended by the soil conservation association shall...

§ 43-14-307. Operators of Terracing Equipment — Salaries - The soil conservation association shall employ only competent trained operators...

§ 43-14-308. Terracing Specifications of Agricultural Engineer to Be Followed - All terracing work done, to qualify for payment under the...

Chapter 15 - Contracts to Raise and Sell Farm Products

§ 43-15-101. Contracts for Period Not Exceeding Three Years Authorized - Any person may enter into contract with natural persons or...

§ 43-15-103. Contracts for Costs and Expenses of Agency to Be Borne Proportionately and Ratably - If more than one (1) person appoints or designates the...

§ 43-15-104. Contracts Are Binding, Irrevocable, and Enforceable — Damages for Breach - Every such contract shall be binding and irrevocable by either...

Chapter 16 - Cooperative Marketing Associations

§ 43-16-101. Short Title - For the purpose of brevity and convenience, this chapter shall...

§ 43-16-102. Purpose of Chapter - This chapter is enacted in order to promote, foster, and...

§ 43-16-104. Nonprofit Cooperative Association — Persons Entitled to Form - Eleven (11) or more persons, a majority of whom are...

§ 43-16-105. Activities in Which Authorized to Engage - An association may be organized to engage in any activity:

§ 43-16-106. Preliminary Inquiry as to Probable Success - Every group of persons contemplating the organization of an association...

§ 43-16-107. Recognition That Farmers Need Special Instruction Data in Marketing Their Products - It is recognized that:

§ 43-16-108. Powers of Incorporated Association - Each association incorporated under this chapter has the power to:

§ 43-16-110. Articles of Incorporation — Preparing and Filing — Contents - Each association formed under this chapter must prepare and file...

§ 43-16-111. Capital Stock — Articles Specifying Division Into Preferred and Common Stock - The capital stock may be divided into preferred and common...

§ 43-16-112. Articles to Be Signed, Acknowledged, and Filed — Prima Facie Evidence of Incorporation - The articles must be signed by the incorporators; and when...

§ 43-16-114. Code of Bylaws — Provisions - Each association incorporated under this chapter must, within thirty (30)...

§ 43-16-115. Regular and Special Meetings — Notice — Provisions as to Notice - In its bylaws, each association shall provide for one (1)...

§ 43-16-117. Remuneration of Officers, Directors, and Committeemen - An association may provide a fair remuneration for the time...

§ 43-16-118. Directors Not to Be Interested in Contracts for Profit — Directors Occupying Positions in Association - No director, during that director's term of office, shall be...

§ 43-16-119. Executive Committee and Its Functions - The bylaws may provide for an executive committee and may...

§ 43-16-120. Vacancies in Board of Directors — Filling - When a vacancy on the board of directors occurs other...

§ 43-16-121. Officers Elected by Directors — Treasurer - The directors shall elect from their number a president and...

§ 43-16-122. Bonds — of Whom Required - Every officer, employee, and agent handling funds or negotiable instruments...

§ 43-16-123. Certificate of Membership - A member of an association established without capital stock who...

§ 43-16-124. Stock — Issuance Upon Payment — Voting Right Unaffected Where Held as Security - No association shall issue stock to a member until it...

§ 43-16-125. Liability of Members for Debts - No member shall be liable for the debts of the...

§ 43-16-126. Member or Stockholder Entitled to Only One Vote - No member or stockholder shall be entitled to more than...

§ 43-16-127. Preferred Stock — Redemption or Retirement - Any association organized with stock under this chapter may issue...

§ 43-16-129. Purchase of Its Common Stock by Association - The association may, at any time, as specified in the...

§ 43-16-130. Removal of Officers or Directors - Any member may bring charges against an officer or director...

§ 43-16-131. Procedure for Removal of Directors Elected in a District - In case the bylaws provide for election of directors by...

§ 43-16-132. Referendum of Policy Matters Upon Demand to Entire Membership - Upon demand of one third (1/3) of the entire board...

§ 43-16-133. Marketing Contracts With Association - The association and its members may make and execute marketing...

§ 43-16-135. Purchase of Property With Preferred Stock - Whenever an association, organized under this chapter with preferred capital...

§ 43-16-137. Conflicting Laws Do Not Apply - Any law that is in conflict with this chapter shall...

§ 43-16-138. Exemptions of Agricultural Products Apply, Though in Possession of Association - Any exemptions whatsoever under all existing laws applying to agricultural...

§ 43-16-139. Association May Be Interested in Other Like Associations - An association may organize, form, operate, own, control, have an...

§ 43-16-140. Warehousing Corporations Issuing Warehouse Receipts to Association or Its Members — Discrimination Prohibited - If those corporations are warehousing corporations, they may issue legal...

§ 43-16-142. Associations of Other States Upon Compliance With Laws as to Foreign Corporations Doing Business in This State - Any corporation or association organized under generally similar laws of...

§ 43-16-143. Marketing Contracts Do Not Constitute Conspiracy, Combination, Illegal Monopoly, or Unlawful Restraint of Trade - No association organized under this chapter and complying with the...

§ 43-16-144. General Corporation Laws Applicable — Exception - The general corporation laws and all powers and rights under...

§ 43-16-145. Annual Fee in Lieu of Other Taxes — Exception - Each association organized under this chapter shall pay an annual...

§ 43-16-147. Combinations of Existing Corporations Into Associations — Amendment of Charters - Corporations not for profit, of this class, previously organized under...

§ 43-16-148. Corporations Organized as Subsidiaries of Agricultural Cooperative Associations Exempt From Privilege Taxes - All corporations organized as subsidiaries and controlled by any agricultural...

Chapter 17 - Marketing of Pecans

§ 43-17-102. Written Permission of Landowner to Sell — When to Be Shown - Any person offering pecans for sale that the person did...

§ 43-17-103. Penalty for Violations - A violation of any of the provisions of § 43-17-101...

§ 43-17-104. Special Right of Action in Owner of Pecans Sold Without Consent - In addition to the punishment provided in § 43-17-103, and...

Chapter 18 - Sale of Cotton

§ 43-18-101. Record to Be Made of Purchases of Seed Cotton, Loose or Unbaled Cotton, or Cotton Seed - Any person purchasing cotton seed or seed cotton from anyone...

§ 43-18-102. Written Permission to Sell Required — Exception - Any person offering seed cotton for sale that the person...

§ 43-18-103. Violation of § 43-18-101 or § 43-18-102 a Misdemeanor — Penalty - A violation of any of the provisions of § 43-18-101...

§ 43-18-104. Penalty Recoverable by Owner From Purchaser Not Keeping the Required Record or Not Permitting Inspection Thereof - In addition to the punishment provided in § 43-18-103, and...

§ 43-18-106. Additional Penalty Recoverable in Qui Tam Action - In addition to the punishment provided in § 43-18-105, and...

§ 43-18-107. Packages for Domestic or Surgical Use Exempt - Sections 43-18-105 and 43-18-106 do not apply to the buying...

§ 43-18-109. Liability of Owner of Gin or Tobacco Establishment for Sale of Product Containing Foreign Objects - If any person sells or otherwise disposes of cotton or...

Chapter 19 - Tobacco Sales

Part 1 - General Provisions

§ 43-19-101. Warehouses — Persons Operating - Any person may open a warehouse for the inspection and...

§ 43-19-102. Proof of Sufficiency of Warehouse Required - Every person opening a warehouse for the inspection and sale...

§ 43-19-103. Bond of Tobacco Warehouseman - Such person shall also enter into bond, with good and...

§ 43-19-104. Fees Uncollectible Upon Failure to Give Bond — Penalty for Violations - A proprietor who fails to execute a bond shall not...

§ 43-19-105. Suit on Bond — Parties - Any person aggrieved may sue on this bond for a...

§ 43-19-107. Scales to Be Kept and Tested - The proprietor shall keep good and sufficient scales for weighing...

§ 43-19-108. Breaking Irons for Inspection, and Screws for Cooperage - The proprietor shall also keep the necessary breaking irons for...

§ 43-19-109. Attention to Duty — Prompt Delivery for Shipment - The proprietor or the proprietor's clerks shall be constant and...

§ 43-19-110. Private Warehouses - Nothing in this chapter shall prevent any person from establishing...

§ 43-19-111. Tobacco Commercial Year - The “tobacco commercial year” commences and ends on November 1...

§ 43-19-112. Prosecution for Penalties — Duties of Clerk and District Attorney General — Fees - The county clerk shall attend to all prosecutions for penalties...

Part 2 - Tobacco Inspectors—inspections—violations

§ 43-19-202. Duties of Proprietor or Deputy - It is the duty of the proprietor or one (1)...

§ 43-19-204. Responsibility of Keeper - After the tobacco is inspected, coopered, weighed, and numbered, the...

§ 43-19-206. Erasure or Counterfeiting a Misdemeanor - Any person who erases, or in any way alters or...

§ 43-19-207. Keeper Not to Sell Tobacco Until Inspection — Penalty - No warehouse keeper shall sell publicly any sample of tobacco...

§ 43-19-208. Copy of Sample Cards With “Inspected” Thereon - Any warehouse keeper called upon to inspect a lot of...

§ 43-19-210. Accepting Gratuity or Reward — Penalty - If any warehouse keeper accepts, directly or indirectly, any gratuity...

§ 43-19-211. Derelictions to Be Reported to County Clerk - Any planter or person shall inform the county clerk of...

§ 43-19-212. Fraudulent Packing or “Nesting” a Misdemeanor — Penalty - Any person who fraudulently packs or “nests” a hogshead of...

§ 43-19-213. Description of Best Hogshead to Be Posted in Warehouse - The warehouse keeper shall keep posted in some conspicuous place...

§ 43-19-214. Fees and Commissions of Warehousemen - The compensation of warehouse keepers for receiving, storing, inspecting, coopering,...

§ 43-19-215. Extortion a Misdemeanor - Any warehouse keeper who charges more than is allowed in...

§ 43-19-216. Auction Bid May Be Refused - Any planter, or other owner of tobacco sold at auction,...

§ 43-19-217. Warehouseman's Lien for Fees and Charges - A lien is given to the proprietor of the warehouse...

§ 43-19-218. Selling or Shipping Without Inspection Not Prohibited - No planter or person is prohibited from selling tobacco at...

Part 3 - Sale of Tobacco

§ 43-19-301. Commissioner of Agriculture to Enforce Rules and Regulations - The commissioner of agriculture is vested with the power and...

§ 43-19-303. Sales of Burley Tobacco Regulated - Sales of burley tobacco at warehouse or loosefloors shall be...

§ 43-19-304. Warehouseman's Record to Be Accurately Maintained - Any information pertaining to weights of tobacco sold, prices paid...

§ 43-19-305. Penalty for Violation - A violation of this part or the rules and regulations...

Chapter 20 - Soybean Promotion

Part 1 - General Provisions

§ 43-20-101. Purpose - The purpose of this part is to promote the growth...

§ 43-20-106. Exemptions From Part - This part does not apply to any person who purchases...

Part 2 - Soybean Promotion Act

§ 43-20-201. Short Title - This part shall be known and may be cited as...

§ 43-20-202. Legislative Findings - The general assembly finds that it is in the interest...

§ 43-20-203. Part Definitions - As used in this part, unless the context otherwise requires:

§ 43-20-204. Legality of Associations, Meetings or Actions — Restraint of Trade - No association, meeting or act undertaken pursuant to this part...

§ 43-20-205. Assessment on Producers — Application for Referendum - Any commission, council, board or other entity that is fairly...

§ 43-20-206. Date of Referendum — Notice - Within thirty (30) days of receipt of an application requesting...

§ 43-20-207. Referendum - Shall the producers of soybeans assess themselves at the rate...

§ 43-20-208. Deductions - The assessed rate, as approved by referendum, shall be deducted...

§ 43-20-209. Records of Purchasers - Each purchaser shall keep a complete and accurate record of...

§ 43-20-211. Referendum on Assessment Remaining in Effect - If the commissioner determines that during the first two (2)...

§ 43-20-213. Personal Debt of Purchaser — Late Payment Penalty - Any amount withheld, or that should have been withheld, by...

§ 43-20-214. Waiver of Assessment - Upon the effective date of an assessment levied pursuant to...

§ 43-20-215. Rules and Regulations - The commissioner is authorized to promulgate rules and regulations in...

§ 43-20-216. Agreements for Collection of Assessments or Collateral - The board may enter into an agreement with the federal...

Chapter 21 - Fairs

Part 1 - State Aid

§ 43-21-101. Disbursement of State Aid Grants by Commissioner - All grants of state aid to agricultural fairs by appropriation...

§ 43-21-102. Fairs Eligible for State Aid Grants — Use of Funds — Forfeiture of Privilege - The commissioner of agriculture, for the purpose of fostering and...

§ 43-21-103. Amount Each Fair to Receive — Limitation on Amount - The amount of state aid given a community, county, district,...

§ 43-21-104. Chapter Definitions - For the purpose of this chapter, unless the context otherwise...

§ 43-21-105. Aid Not to Exceed Appropriation - The total of state aid to be paid by the...

§ 43-21-106. Premiums for Enumerated Exhibits May Share in State Aid - The commissioner of agriculture shall grant such state aid only...

§ 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...

§ 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...

§ 43-21-110. Commissioner Authorized to Make Regulations - The commissioner of agriculture is empowered to make such rules...

§ 43-21-112. Limitation on Amount of State Aid - No fair shall receive state aid in excess of fifty...

Part 2 - Youth Advisory Council

§ 43-21-201. Establishment - The commissioner of agriculture is authorized to appoint and convene...

§ 43-21-203. Meetings — Expenses - The council may be convened as often as three (3)...

§ 43-21-204. Terms of Members - Members shall serve at the pleasure of the commissioner of...

Chapter 22 - Farm Bureau

§ 43-22-101. Use of Words “Farm Bureau” Restricted to Tennessee Farm Bureau Federation - The use of the words “farm bureau” by any person,...

§ 43-22-102. Other Uses of Words “Farm Bureau” Unlawful — Exception - The use of the words “farm bureau,” either preceded by...

§ 43-22-103. Federation's Permission to Use Words — Methods of Exercising - The Tennessee Farm Bureau Federation may authorize its affiliate or...

§ 43-22-104. Penalty for Violation - Any person, firm, partnership, association, or corporation violating any of...

Chapter 24 - Tennessee Community Gardening Act

§ 43-24-101. Short Title - This chapter shall be known and may be cited as...

§ 43-24-102. Chapter Definitions - As used in this chapter, unless the context otherwise requires:

§ 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...

§ 43-24-105. Registration as Beekeeper - Any person, including, but not limited to, a grand mentor,...

Chapter 25 - Registration of Farm Names

§ 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...

§ 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...

§ 43-25-103. Application Blanks to Be Furnished - It is the duty of the commissioner to have printed...

§ 43-25-105. Registration Books — Certificate of Registration - The commissioner shall provide a suitable book or books in...

Chapter 26 - Right to Farm

§ 43-26-101. Short Title - This chapter shall be known and may be cited as...

§ 43-26-102. Chapter Definitions - As used in this chapter, unless the context otherwise requires:

§ 43-26-104. Applicability of Chapter — Construction - This chapter does not affect any rights or duties that...

Chapter 27 - Hemp

§ 43-27-101. Chapter Definitions - As used in this chapter:

§ 43-27-103. Prohibited Acts - The following acts within this state are prohibited:

§ 43-27-107. Jurisdiction for Violations - When the commissioner has reason to believe that a person...

§ 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...

Chapter 28 - Timber

Part 3 - Branding of Timber

§ 43-28-302. Notice of Brand — Form — Acknowledgment — Recording — Copy Posted - Brand notice is hereby given that I (or we, as...

§ 43-28-303. Certificate of Registration Required - Before any person, firm, or corporation can claim protection under...

§ 43-28-304. Brand Becomes Trademark — Infringement — Penalty — Damages - Every brand adopted pursuant to this part shall be the...

§ 43-28-305. Brand to Be Plainly Stamped - The proprietor of the brand shall, in using the brand,...

§ 43-28-306. Fraudulently Placing Brand on Another's Timber — Penalty - A person who fraudulently places any brand on timber not...

§ 43-28-307. Unlawfully Obliterating Brand — Penalty - Any person or persons who unlawfully cut out, cancel, obliterate,...

§ 43-28-308. Taking, Concealing, Destroying or Converting Branded Timber — Penalty - Any person who unlawfully takes, secretes, cuts, saws, splits up,...

§ 43-28-309. Contract of Sale of Standing Trees or Timber So Branded Must Be in Writing - No contract for the sale of standing trees or standing...

§ 43-28-310. Purchaser's Brand Put on Timber by Seller Vests Title in Purchaser — Rights as to Purchase Money Unaffected - Whenever any timber is branded by the seller or another...

§ 43-28-311. Brands and Trade-Marks Under Previous Law Unaffected - Nothing in this part shall affect the validity and effect...

Chapter 29 - Agriculture Commodities Promotion

§ 43-29-101. Short Title - This chapter shall be known and may be cited as...

§ 43-29-103. Chapter Definitions - As used in this chapter, unless the context otherwise requires:

§ 43-29-104. Legality of Associations or Activities — Restraint of Trade - No association, meeting or activity undertaken pursuant to this chapter...

§ 43-29-105. Referendum on Assessment for Promotion and Research - It is further declared to be in the public interest...

§ 43-29-107. Review of Application — Date of Referendum and Assessment — Notice of Referendum and Assessment - Within thirty (30) days of receipt of an application requesting...

§ 43-29-108. Conducting Referendum — Eligibility — Voting - Shall the producers of assess themselves at the rate of...

§ 43-29-109. Withholding and Transfer of Funds — Report - The assessed rate as approved by referendum shall be deducted...

§ 43-29-110. Records - Each purchaser shall keep a complete and accurate record of...

§ 43-29-111. Application for Refund of Assessments - Within ninety (90) days of an assessment being withheld by...

§ 43-29-112. Referendum on Continuation of Assessment Program - If the commissioner determines that, during any continuous twelve-month period...

§ 43-29-113. Establishment of Promotion Boards - If a referendum is carried in the affirmative and an...

§ 43-29-114. Promotion Boards — Meetings — Organization — Duties - Members of each board shall meet and organize within thirty...

§ 43-29-116. Personal Debt — Penalties — Collection - Any amount withheld, or that should have been withheld, by...

§ 43-29-117. Promulgation of Rules and Regulations - The commissioner is authorized to promulgate rules and regulations in...

§ 43-29-121. First Sales - At the time of the first sale, the producer shall...

Chapter 31 - Agricultural Production Inputs

§ 43-31-101. Short Title - This chapter shall be known and may be cited as...

§ 43-31-102. Chapter Definitions - As used in this chapter, unless the context otherwise requires:

§ 43-31-104. Extent of Supplier's Security Interest — When It Attaches - If the crops are grown on leased land and the...

§ 43-31-106. Enforcement of Security Interest - The holder of an agricultural production input security interest may...

Chapter 32 - Commodity Warehouses, Dealers and Producers

Part 1 - Commodity Dealer and Warehouse Law

§ 43-32-101. Short Title - This part shall be known and may be cited as...

§ 43-32-102. Chapter Definitions - As used in this chapter, unless the context otherwise requires:

§ 43-32-103. Federally Licensed Commodity Warehouses — Applicability - Any commodity warehouse licensed under the United States Warehouse Act...

§ 43-32-110. Use of Price Later Contracts — Rules and Regulations - The commissioner may regulate the use of price later contracts...

Part 2 - Commodity Producer Indemnity Law

§ 43-32-201. Short Title - This part shall be known and may be cited as...

§ 43-32-202. Purpose — Tennessee Grain Indemnity Fund - It is the purpose of this part to promote the...

§ 43-32-203. Referendum of Producers — Procedure - Shall the producers of assess themselves at the rate of...

§ 43-32-208. Assessments — Collection — Fund Management - All assessments collected by the department pursuant to this part...

§ 43-32-209. Access to Reserve Funds - In the event that the amount in the Tennessee grain...

§ 43-32-211. Commission — Duties - The commissioner, upon determining that a commodity dealer or warehouseman...

§ 43-32-212. Department of Agriculture — Duties - The department has the duty under this chapter to:

§ 43-32-213. Rules - In accordance with the Uniform Administrative Procedures Act, compiled in...

Chapter 34 - Agricultural District and Farmland Preservation Act

§ 43-34-101. Short Title - This chapter shall be known and may be cited as...

§ 43-34-102. Purpose and Policy - It is the intent and purpose of the state to...

§ 43-34-103. Chapter Definitions - As used in this chapter, unless the context otherwise requires:

§ 43-34-106. Procedures, Limitations and Responsibilities - Upon establishment of an agricultural district the following procedures, limitations,...

§ 43-34-107. Boundary Designation - An individual agricultural district may be comprised of ownerships residing...

§ 43-34-108. Intent - It is not the intent of the general assembly in...

Chapter 35 - Southern Dairy Compact

§ 43-35-101. Creation—general Provisions - The southern dairy compact is enacted into law by the...

§ 43-35-106. Acquisition of Information Pertaining to the Dairy Industry - The commissioner of agriculture may, by lawful means, obtain information...

§ 43-35-107. Rules and Regulations - The commissioner of agriculture is authorized to promulgate such rules...

§ 43-35-108. Copies of Commission Bylaws - Pursuant to article VI, section 5, copies of the commission's...

§ 43-35-109. State Cooperation With Compact Commission - Consistent with law and within available appropriations, the departments, agencies...

§ 43-35-110. Obligations in Excess of Appropriations—unlawful - It is unlawful for the compact administrator or the commissioner's...

Chapter 37 - Biobased Products for Farmers and Rural Development

§ 43-37-101. Short Title - This act shall be known and may be cited as...

§ 43-37-102. Chapter Definitions - As used in this chapter, unless the context clearly requires...

§ 43-37-103. Unauthorized Plants and Substances - Nothing in this chapter shall be construed to authorize the...

§ 43-37-105. Authority of Commissioner - The commissioner of agriculture is authorized to promulgate rules and...

Chapter 38 - Tennessee Processing Cooperative Law

Part 1 - General Provisions

§ 43-38-101. Short Title - This chapter shall be known and may be cited as...

§ 43-38-102. Reservation of Power to Amend or Repeal - The general assembly has the power to amend or repeal...

§ 43-38-103. Chapter Definitions - As used in this chapter, unless the context otherwise requires:

§ 43-38-112. Fees and Taxes - Cooperatives created pursuant to this chapter shall be subject to...

§ 43-38-118. Required Records and Information - A cooperative shall keep at its principal executive office, or...

§ 43-38-121. Indemnification - Subject to such standards and restrictions, if any, as are...

§ 43-38-124. Promulgation of Rules and Regulations — Destruction of Records - The secretary of state has the authority and is empowered...

§ 43-38-125. Deputies of the Secretary of State - An act of a duly authorized deputy of the secretary...

Part 2 - Organization of Cooperative

§ 43-38-201. Organizational Purpose - A cooperative may be formed and organized on a cooperative...

Part 3 - Bylaws -

Part 4 - Articles of Cooperative

§ 43-38-403. Filing of Amendments - A cooperative amending its articles of organization shall deliver to...

§ 43-38-406. Effect of Amendment on Cause of Action - An amendment to the articles does not affect a cause...

Part 5 - Membership

§ 43-38-505. Restrictions on Assignment of Governance Rights - In addition to restrictions set forth in this chapter, restrictions...

§ 43-38-506. When Assignment of Financial and Governance Rights Effective - Any permissible assignment of financial rights under § 43-38-503 and...

§ 43-38-507. Judgment Creditors of Members - On application to a court of competent jurisdiction by any...

§ 43-38-514. Failure to Receive Notice - Failure of a member to receive a special or regular...

§ 43-38-521. Proxy Voting Prohibited - Voting shall not be by proxy, except as provided in...

§ 43-38-525. Representative of the Cooperative at Meetings of Cooperative Owned Business Entities - A cooperative that holds ownership interests of another business entity...

§ 43-38-529. Member Liability - A member is not, merely on account of that status,...

Part 6 - Board of Directors and Officers

§ 43-38-603. Goverance of Cooperative - A cooperative shall be governed by its board of directors,...

§ 43-38-604. Qualifications of Directors - The articles of organization or bylaws may prescribe qualifications for...

§ 43-38-605. Number of Directors - The board shall have not less than three (3) directors.

§ 43-38-607. Filling Vacancies - If a patron member director's position becomes vacant for a...

§ 43-38-610. Compensation of Directors - Unless the articles or bylaws provide otherwise, the board of...

§ 43-38-618. Officers - The cooperative shall have a president and a secretary who...

§ 43-38-619. Election or Appointment of Officers - The board of directors shall elect or appoint, in a...

§ 43-38-620. Residency Requirements for Officers - Officers need not be residents of this state or members...

Part 7 - Derivative Proceedings

§ 43-38-701. Derivative Actions - A member may not commence a proceeding in the name...

§ 43-38-702. Complaint - A complaint in a proceeding brought in the name of...

§ 43-38-703. Court Approval Needed to Discontinue or Settle a Proceeding - A proceeding commenced under this part may not be discontinued...

§ 43-38-705. Equitable Relief - If a cooperative or an officer or director of the...

Part 8 - Dissenter's Rights

§ 43-38-801. Part Definitions - As used in this part, unless the context otherwise requires:

§ 43-38-808. Failure to Take Action - If the cooperative does not effectuate the proposed action that...

§ 43-38-813. Procedures as to Assignees of Financial Rights - When an assignment of some or all of the financial...

Part 9 - Contribution and Distribution -

Part 10 - Dissolution and Termination

§ 43-38-1003. Grounds for Administrative Dissolution - The secretary of state may commence a proceeding under §...

§ 43-38-1011. Claims Against Dissolving Cooperative - The claim of a creditor or claimant against a dissolving...

§ 43-38-1014. Termination of Existence - The existence of the cooperative is terminated upon the filing...

§ 43-38-1015. Dissolution Under the Supervision of the Court - After a notice of intent to dissolve has been filed...

§ 43-38-1016. Judicial Intervention - A court may grant any equitable relief it considers just...

§ 43-38-1021. Discontinuation of Dissolution for Lack of Cause - The involuntary or supervised voluntary dissolution of a cooperative may...

§ 43-38-1023. Certified Copy of Dissolution - After the court enters an order dissolving a cooperative, the...

§ 43-38-1025. Right to Sue or Defend After Dissolution - After a cooperative has been dissolved, any of its former...

Part 11 - Document Requirements

§ 43-38-1102. Forms and Filing Methods - The secretary of state may prescribe and furnish forms and...

§ 43-38-1103. Filing, Service and Copying Fees - Document Fee

§ 43-38-1107. Copy as Evidence - A certificate attached or certification affixed to a copy of...

Chapter 39 - Agritourism

§ 43-39-101. Chapter Definitions - For purposes of this chapter, unless the context otherwise requires:

§ 43-39-103. Warning Notice - WARNING Under Tennessee law, there is no liability for an...

Chapter 40 - Forest Product Fairness Act

§ 43-40-101. Short Title - This chapter shall be known and may be cited as...

§ 43-40-102. Purpose - The general assembly recognizes the enormous contribution that the Tennessee...

§ 43-40-103. Chapter Definitions - As used in this chapter, unless the context otherwise requires:

§ 43-40-104. Incentives - Incentives to directly support the purchase of forest products shall...

§ 43-40-105. Rules and Regulations - The commissioner of agriculture is authorized to promulgate rules and...

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2021 Tennessee Code Title 43 - Agriculture and Horticulture

2021 Tennessee Code
Title 43 - Agriculture and Horticulture