Title 68, Health, Safety and Environmental Protection

(1) The commissioner is authorized to:(1) Carry out or cause to be carried out all provisions of this part;(2) Collect all fees established pursuant to this part and apply the fees in accordance with the procedures of the department of finance and administration to the necessary …

All moneys coming into the state treasury pursuant to this part from fees, fines, and penalties shall be appropriated to the department of health for the payment of necessary expenses incident to the administration of this part, as determined by the commissioner. Any unexpended b…

(a) No person shall operate a food service establishment who does not hold a valid permit issued to the person by the commissioner on or before July 1 of each year or as the commissioner may otherwise provide by rule and regulation. (b) Every person now engaged in the business of…

(a) (1) Any person planning to operate a food service establishment shall first submit an application for a permit on forms provided by the commissioner. The application shall be completed and submitted to the commissioner with the proper permit fee.(2) Prior to the approval of t…

(a) The commissioner has the authority to suspend any permit to operate a food service establishment issued pursuant to this part if the commissioner has reasonable cause to believe that the permittee is not in compliance with this part; provided, that the permittee shall be give…

(a) The commissioner may, after providing opportunity for a hearing, revoke a permit for serious or repeated violations of requirements of this part or for interference with the commissioner in the performance of the commissioner's duty. (b) Prior to revocation, the commissioner …

A notice provided for in this part is properly served when it is delivered to the permittee or person in charge, or when it is sent by certified mail, return receipt requested, to the last known address of the permittee. A copy of the notice shall be filed in the records of the c…

(a) The hearings provided for in this part shall be conducted by the commissioner in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. (b) Appeals from any final decision after a hearing shall be pursued in accordance with the Uniform Admi…

Whenever the revocation of a permit becomes final, upon demonstration that the conditions that led to the revocation have been cured, the holder of the revoked permit may make written application for a new permit.

(a) The commissioner of health shall set the permit fee by rule, promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for each of the following to operate:(1) A food service establishment;(2) An auxiliary food service operation…

(a) Churches, schools, civic, fraternal or veterans' organizations serving food are exempt from the payment of food service establishment permit fees; provided, that food is served on no more than fifty-two (52) separate days in one (1) fiscal year. The exemption is expressly lim…

(a) Inspection results for food service establishments shall be recorded on standard departmental forms that summarize the requirements of the law and rules and regulations. (b) A copy of the completed inspection report shall be furnished in a manner prescribed by the commissione…

(a) The completed inspection report shall specify a reasonable period of time for correction of violations found. (b) Corrections of violations shall be accomplished within the following periods:(1) If an imminent health hazard exists, the facility shall immediately cease operati…

Food may be examined or sampled by the commissioner as deemed necessary for the enforcement of this part. The commissioner may place a hold order on any food that the commissioner believes is in violation of this part or of rules and regulations, upon written notice to the operat…

Whenever a food service establishment is constructed or extensively remodeled, and whenever an existing structure is converted to use as a food service establishment, plans and specifications shall be submitted to the commissioner for review and approval before construction, remo…

(a) When the commissioner has reasonable cause to suspect possible disease transmission by an employee of the facility, the commissioner may obtain information about any recent illness of the employee or make other investigations as may be indicated. The commissioner may require …

Any person operating a food service establishment who fails or refuses to comply with any of this part or with rules and regulations, obstructs or hinders the regulatory authority in the discharge of the regulatory authority's duties, or otherwise operates a food service establis…

When the commissioner has reason to believe that a person is causing, is about to cause, or has caused a violation of this part or of the rules and regulations promulgated under this part, the commissioner may initiate proceedings in either the chancery court of Davidson County o…

(1) Notwithstanding this part to the contrary:(1) A person eighteen (18) years of age or younger does not need a license or permit to sell bakery goods, homemade or otherwise; soft drinks; or other similar food commodities at public events; and(2) A person nineteen (19) years of …

(1) Notwithstanding this part to the contrary, a vendor at a farmers market is not required to obtain a license or permit to offer samples for consumption on the premises of the farmers market. Samples may include fresh produce; value-added products; foods prepared in a licensed …

(a) The department shall issue, or cause to be issued, a farmers market food unit permit to a qualified applicant who pays the permit fee and successfully completes a pre-operational inspection to determine compliance with the applicable rules of the department for food service e…

(a) Except as specified in subsections (b) and (c), live animals are prohibited in all indoor areas of food service establishments. (b) Live animals are permitted in indoor areas of food service establishments in the following situations if the owner or operator of the food servi…

This part shall be known and may be cited as “Katie Beth's Law.”

(1) For purposes of this part, unless the context otherwise requires:(1) “Pool alarm” means a device which emits a sound of at least fifty decibels (50 dB) when a person or an object weighing fifteen pounds (15 lbs.) or more enters the water in a swimming pool, but shall not incl…

Each person, enterprise, agency or entity that sells swimming pools to the general public shall post in a prominent place a sign, at least six inches (6″) high and fourteen inches (14″) wide, that reads as follows:STATE LAW REQUIRES A POOL ALARM BE INSTALLED. STATE LAW REQUIRES A…

Each person, enterprise, agency or entity that purchases or acquires a swimming pool to be installed after January 1, 2011, shall install and maintain a pool alarm before using or making available for use such swimming pool.

(a) When an electrical inspection is required for approval of the wiring of a swimming pool, the electrical inspector shall not give final approval for such electrical wiring unless a hard-wired swimming pool alarm has been properly installed or the person, enterprise, agency or …

A violation of this part is a Class C misdemeanor, punishable by a fine only not to exceed one hundred dollars ($100). Second and subsequent offenses shall be punishable by a fine only of not more than five hundred dollars ($500).

This part shall not apply to public swimming pools or multi-family residential housing swimming pools, as defined in § 68-14-302.