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Tennessee Statutes, Title 43

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Tennessee/Statutes

← All Tennessee coverage

Title 43, Agriculture And Horticulture

40 chapters · 623 sections in this title.

All chapters in Title 43623 Ch 38, Tennessee Processing Cooperative Law150 Ch 16, Cooperative Marketing Associations46 Ch 6, Pest Control42 Ch 1, Department of Agriculture39 Ch 11, Fertilizers and Liming Materials38 Ch 19, Tobacco Sales35 Ch 8, Pesticides33 Ch 10, Agricultural Seeds24 Ch 20, Soybean Promotion22 Ch 32, Commodity Warehouses, Dealers and Pr…22 Ch 29, Agriculture Commodities Promotion21 Ch 14, Soil Conservation19 Ch 21, Fairs19 Ch 27, Hemp19

13 sections·Filtered byTitle 43✕Ch 28✕

Tenn. Code Ann. § 43-28-301 Branding authorized — “Timber” defined
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(a) Any person, firm, or corporation dealing in timber is authorized to adopt a brand in the manner and with the effect provided by this part. (b) For the purposes of this part, “timber” means and includes trees, whether standing, lying down, or prepared for sale, sawlogs and oth…
Tenn. Code Ann. § 43-28-302 Notice of brand — Form — Acknowledgment — Recording — Copy posted
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(a) Every timber dealer desiring to adopt a brand may do so by the execution of a writing in form and effect as follows:Brand notice is hereby given that I (or we, as the case may be) have adopted the following brand in my (or our, etc.) business as timber dealer or dealers, to w…
Tenn. Code Ann. § 43-28-303 Certificate of registration required
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Before any person, firm, or corporation can claim protection under its brands, the same shall be registered in the county of its residence, and a certificate of registration issued to those registering brand.
Tenn. Code Ann. § 43-28-304 Brand becomes trademark — Infringement — Penalty — Damages
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Every brand adopted pursuant to this part shall be the exclusive trademark of the person, firm or corporation adopting the brand, and any other person, firm or corporation knowingly using or attempting to use that brand without the written consent of the owner commits a Class C m…

Tenn. Code Ann. § 43-28-305 Brand to be plainly stamped

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The proprietor of the brand shall, in using the brand, cause it to be plainly stamped, branded, or otherwise impressed upon each piece of timber upon which the brand is placed.

Tenn. Code Ann. § 43-28-306 Fraudulently placing brand on another's timber — Penalty

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A person who fraudulently places any brand on timber not belonging to that person, commits a Class C misdemeanor.

Tenn. Code Ann. § 43-28-307 Unlawfully obliterating brand — Penalty

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Any person or persons who unlawfully cut out, cancel, obliterate, or deface any brand recorded as provided in this part that has been placed on any timber of another in this state commits a Class E felony.

Tenn. Code Ann. § 43-28-308 Taking, concealing, destroying or converting branded timber — Penalty

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Any person who unlawfully takes, secretes, cuts, saws, splits up, or destroys any timber branded as provided in this part, or removes branded timber from the river or place on which the timber has been placed, with the intent to prevent the owner or owners from finding the timber…

Tenn. Code Ann. § 43-28-309 Contract of sale of standing trees or timber so branded must be in writing

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No contract for the sale of standing trees or standing timber when so branded shall be enforceable by action unless the contract or some memorandum thereof be in writing, signed by the person selling same or the person's duly authorized agent.

Tenn. Code Ann. § 43-28-310 Purchaser's brand put on timber by seller vests title in purchaser — Rights as to purchase money unaffected

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Whenever any timber is branded by the seller or another with the seller's consent, with the brand of the purchaser or other person, corporation or firm, then the title to the timber shall at once pass to the person, corporation or firm whose brand is placed upon it, but this shal…

Tenn. Code Ann. § 43-28-311 Brands and trade-marks under previous law unaffected

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Nothing in this part shall affect the validity and effect of all timber brands and trademarks that have been duly adopted and recorded under the law in force previous to April 20, 1901, but the timber brands and trademarks shall be as valid for all purposes, civil and criminal, a…

Tenn. Code Ann. § 43-28-312 Cutting timber from property of another — Civil liability

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(a) (1) Civil liability for the negligent cutting of timber from the property of another is in an amount double that of the current market value of the timber.(2) If the timber is negligently cut from the property of another because the landowner for whom the timber is being cut …

Tenn. Code Ann. § 43-28-313 Tennessee Native Species Lumber Act

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(a) This section shall be known and may be cited as the “Tennessee Native Species Lumber Act.” (b) As used in this section:(1) “Agricultural building” means any structure used primarily for agricultural purposes or for forest product production;(2) “Commercial sawmill” means any …