Title 53, Food, Drugs And Cosmetics

(a) Samplers license and fee. A person receiving or buying milk or cream on the basis of its chemical or physical constituents shall be, or have in the person's employ, in or on each milk transport tank truck, a licensed milk sampler or tester. Application to become a licensed sa…

(a) (1) Frozen Dessert Manufacturer's License. For purposes of licensing under this chapter, a dairy products plant that manufactures or packages frozen desserts, such as ice cream, ice cream mix, ice milk, ice milk mix, ice, or ice sherbets, or any trade product made in semblanc…

(a) The commissioner has the authority to revoke any license or registration certificate for violation of any section of this chapter. Upon information received, the commissioner shall, by written notice, establish a hearing for the licensee or registrant. The hearing shall be he…

(a) Every person subject to a license or registration certificate under this chapter shall annually, on February 1, report to the commissioner, on blanks furnished by the commissioner, the location of the business and description of the premises, the name of the owner and manager…

(a) Every person or agent for any person, buying milk or cream on the basis of its weights or chemical or physical constituents, as determined by an approved test, shall use only standard scales and measures approved by the commissioner and only standard weights and tests, bottle…

(a) The commissioner is authorized and empowered to make tests that are necessary to settle disputes when called on by either a buyer or seller of milk, cream, or other dairy products, or trade products where disputes arise over dissatisfaction regarding weights or tests of dairy…

(a) At times the commissioner deems proper, the commissioner shall cause to be inspected all places where dairy products or trade products are made, stored or served as food for pay, and all places where cows are kept by persons engaged in the sale of milk or cream, and shall req…

(a) It is required that all dairy or trade products shipped into this state from another state shall meet the sanitary standards, definitions and requirements of the law, and the rules and regulations promulgated by the commissioner. (b) The commissioner is authorized to establis…

(a) Whenever a duly authorized agent of the commissioner finds or has good cause to believe that any dairy product or trade product is sold or offered for sale by any person contrary to this chapter or regulations established as authorized in this chapter, a tag or appropriate ma…

Any violation of this part, either doing acts prohibited by this part or failing to do the acts required by this part, including regulations adopted in accordance with this part, is a Class C misdemeanor.

It is the duty of the district attorney general of the judicial district in which the commissioner reports a violation of this chapter, to investigate, prefer and prosecute charges if and when the district attorney general in the exercise of a sound discretion deems such action t…

(a) All licenses, registration and inspection fees collected under this chapter shall be paid into the state treasury. (b) The fees are appropriated exclusively to the department to be used solely and specifically in carrying out this chapter.

(a) Any processor or distributor required to be licensed under, or whose product is required to be registered under, the dairy law of this state, compiled in this chapter, who acquires or receives, on consignment or otherwise, market or fluid milk from producers or cooperative as…

(a) As used in this section:(1) “Department” means the department of health; and(2) “Farm owner” means a farm owner who tends to one (1) or more hoofed mammals for the purpose of producing milk to be consumed or otherwise used by an independent or partial owner of the hoofed mamm…

Any milk sold in this state may be labeled as “Local Tennessee Milk”, or a statement that indicates the milk is Tennessee milk, if the milk contains only milk produced in this state.

(1) As used in this part, unless the context otherwise requires:(1) “Bulk milk” means milk in bulk form that is furnished to a processor for the purpose of processing and manufacturing into milk products;(2) “Commissioner” means the commissioner of agriculture;(3) (A) “Cost to th…

(a) The prohibited practices described in this section are declared to be unfair trade practices and are prohibited and made unlawful when done with the intent or with the effect of injuring a competitor, of destroying competition or of creating a monopoly. (b) No processor or di…

(a) Any person, or any trade association that is a representative of the person, claiming to be injured by reason of a violation of this part is authorized to file a written complaint with the commissioner, setting forth evidence the person may have, alleging that milk or milk pr…

(1) Section 53-3-202 shall not apply to advertisements or offers to sell, or sales, where:(1) The sales are made in an isolated transaction and not in the usual course of business, including, but not limited to, date commemoration, promotional events, grand openings and other tem…

This part shall be known and may be cited as the “Dairy Farmers Prosperity Act.”

Notwithstanding any provision of law to the contrary, there is established a category of milk to be known as Tennessee prime milk and to be certified as such by the department for sale at retail.

For the purposes of this part, “Tennessee prime milk” means a quantity of milk obtained by the milking of one (1) or more healthy cows, not less than eighty percent (80%) of which quantity of milk is produced in this state.

Processors electing to have their milk certified as Tennessee prime milk shall make application to the department for such purpose and submit to all inspections deemed necessary by the department to attain such certification.

(1) Tennessee prime milk sold at retail shall meet the following standards:(1) Reduced fat milk shall contain at least ten percent (10%) milk solids not fat (SNF);(2) Non-fat or skim milk shall contain at least nine percent (9%) milk solids not fat (SNF);(3) Whole milk shall cont…

The milk solids not fat (SNF) content and butterfat content shall be included on the labeling of all quantities and containers of Tennessee prime milk sold at retail.

(a) Only those products meeting the standards established in § 53-3-305 shall be labeled and sold as Tennessee prime milk. (b) Dairy processors certified by the department to offer for sale Tennessee prime milk shall maintain documentation from a qualified laboratory acceptable t…

In order to facilitate the production and sale of Tennessee prime milk, dairy cooperatives doing business in Tennessee shall sell any reasonable quantity of milk to a dairy products plant or trade products plant that processes or packages Tennessee prime milk at the request of an…

The commissioner of agriculture shall promulgate rules and regulations to effectuate the purposes of this part. All such rules and regulations shall be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.