Title 47, Commercial Instruments And Transactions

No retail or wholesale seller of gasoline, diesel fuel, or other motor vehicle fuels who permits purchases or sales on credit of such gasoline, diesel fuel, or other motor vehicle fuels shall refuse to offer and permit similar purchases or sales on credit of gasohol or other fuel…

(a) No distributor or wholesale dealer who supplies retail dealers with gasoline, diesel fuel, or other motor vehicle fuels shall prohibit or restrict any such supplied retail dealer from voluntarily carrying for sale gasohol or any other fuel containing alcohol equal to at least…

This part shall be known as the “Tennessee Motion Picture Fair Competition Act.”

(1) As used in this part, unless the context otherwise requires:(1) “Bid” means a written offer or proposal by an exhibitor to a distributor in response to an invitation to bid for the right to exhibit a motion picture, stating the terms under which the exhibitor will agree to ex…

(a) Blind bidding is hereby prohibited within Tennessee. No bids shall be returnable, no negotiations for the exhibition or licensing of a motion picture shall take place, and no license agreement or any of its terms shall be agreed to, for the exhibition of any motion picture be…

In any civil action for damages against a person for violation of this part, the court may award damages to the prevailing party and reasonable attorneys' fees. This part may be enforced by injunction or any other available equitable or legal remedy.

This part shall be known and may be cited as the “Tennessee Coupon Sales Promotion Act of 1980.”

(1) As used in this part, except where the context otherwise requires:(1) “Coupon” means any writing, form, ticket, certificate, token, or similar device designed or intended to be sold or offered for sale which is represented as entitling the purchaser or holder to purchase or p…

(a) No promoter shall sell, offer for sale, or otherwise publish or distribute any coupon without a prior contract or agreement in writing with the coupon sponsor. A copy of such contract shall be furnished to the sponsor at the time of its execution, and shall set forth all term…

(a) Every coupon, whether sold or distributed individually or as part of a coupon book, shall clearly and conspicuously set forth, on its face, the name and business address of the coupon sponsor and a specific description, as provided in the agreement between the promoter and th…

(a) The total number of coupons sold, offered for sale, or otherwise distributed shall not exceed the total number specified in the contract between the promoter and sponsor. (b) No coupon may be published, sold, distributed, or represented contrary to the terms of the agreement …

Within ten (10) days after the promotion ending date or ten (10) days after all coupons have been sold or otherwise distributed, whichever occurs first, the promoter shall inform the sponsor in writing of the total number of coupons sold or distributed, and remit all funds owed t…

(a) All agreements between the promoter and persons authorizing the promoter to use their name, trade name, or trademark in aid of the sale or promotion of the sale of coupons shall be in writing, with a copy being furnished to each such person. (b) Such agreements shall conspicu…

(a) No promoter shall misrepresent directly or by implication:(1) That any person is sponsoring, endorsing, or participating in the sale of any coupon;(2) That the promoter is an employee or agent of any person sponsoring, endorsing, or participating in the sale of any coupon or …

A violation of this part is a Class C misdemeanor.

Any person who suffers an ascertainable loss of money or property as a result of a violation of this part may bring an action individually or in a representative capacity to recover actual damages, costs, and reasonable attorney fees. The action may be brought in a court of compe…

This part shall be known as the “Unfair Trade Practice and Advertising Act.”

(1) As used in this part, unless the context otherwise requires:(1) “Household furniture, appliances, and floor coverings” means such furniture, appliances, and floor coverings as are used in dwelling houses;(2) “Person” means any individual, firm, partnership, corporation, or ot…

It is an unlawful practice for any seller or transferor of any household furniture, appliances, or floor covering merchandise at retail, whether the seller or transferor stocks the merchandise or not, to advertise, claim, or imply that any sale or other transfer of the merchandis…

(a) It is an unlawful trade practice for any person engaged in selling household furniture, appliances, or floor covering merchandise to an individual consumer, to incorporate in that person's business name, or otherwise to use in describing the business, the words “manufacturer,…

Any person to whom is sold household furniture, appliances, or floor covering merchandise, in the course of an unlawful trade practice, as hereinabove defined, may, at the person's option, or on discovery of such unlawful trade practice, and on due notice to the seller, rescind s…

Any person is entitled to sue for and have injunctive relief, in any court having jurisdiction over the parties, against threatened loss or damage by a violation of any provision of this part, and any such person is also entitled to recover any actual damage suffered.

A person violating this part commits a Class C misdemeanor.

This part may be cited as “Public Weighmaster.”

(1) As used in this part, unless the context otherwise requires:(1) “Certificate” means that document or instrument issued by a public weighmaster containing information specified in § 47-26-1012;(2) “Commissioner” means the commissioner of agriculture or the commissioner's duly …

The commissioner is authorized to enforce this part and may issue from time to time reasonable rules and regulations for the enforcement of this part, which shall have the force and effect of law. All rules and regulations under this part shall be promulgated by the commissioner,…

(1) To receive authorization to act as a public weighmaster, a person must receive a license from the commissioner. In order to qualify for a license, a person must:(1) Be able to weigh or measure accurately;(2) Be able to prepare correct certificates;(3) Be a United States citiz…

Using a form provided by the commissioner, the applicant for a license as a public weighmaster shall furnish evidence that the applicant has the qualifications required by this part and regulations promulgated under this part. It shall be the responsibility of an individual to re…

(a) The commissioner will determine the qualifications of the applicant based on:(1) The information provided on the application; and(2) Supplementary information as determined by the commissioner. (1) The information provided on the application; and (2) Supplementary information…

(1) The commissioner will:(1) Grant licenses as public weighmasters to qualified applicants; and(2) Keep a record of all applications submitted and of all licenses issued. (1) Grant licenses as public weighmasters to qualified applicants; and (2) Keep a record of all applications…

The annual cost for a public weighmaster license shall be set by rule pursuant to § 43-1-703.

The commissioner shall reserve the right to limit or reject the application of any public weighmaster whose qualifications and/or past work record does not comply with those requirements outlined in this part or pursuant regulations.

The commissioner of agriculture shall promulgate rules to establish a legal and uniform standard of weights and measures for the sale and purchase of products of the farm, orchard, or garden and articles of merchandise. The rules must be promulgated in accordance with the Uniform…

(a) The commissioner shall establish a system of license renewals at alternative intervals throughout the calendar year. Licenses issued under the alternative method are valid for twenty-four (24) months and shall expire on the last day of the last month of the license period. Du…

Every stockyard, slaughterhouse, tobacco warehouse or loose floor, dairy products plant, cotton gin or compress, and agricultural grain or seed buying/receiving station which buys or sells commodities on a bulk basis shall have in its employ one or more public weighmasters. All l…

(a) The certificate, when properly completed and signed, shall be prima facie evidence of the accuracy of the measurements shown. (b) The design of and the information to be furnished on a weight certificate may be prescribed by the commissioner and will include, but not be limit…

(a) When completing a certificate, a public weighmaster shall:(1) Enter the measurement values to clearly show that the measurements were actually determined;(2) Enter only the measurement values personally determined; and(3) Not enter measurement values determined by other perso…

(a) Each public weighmaster shall, before entering upon such weighmaster's duties, make oath to execute faithfully such weighmaster's duties and file the same with the commissioner. (b) The issuance of a public weighmaster license shall not obligate the state to pay to the licens…

(1) A public weighmaster shall use measurement practices and equipment:(1) In accordance with the requirements of the latest edition of NIST Handbook 44, “Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices”;(2) Examined, tested, and ap…

(a) A public weighmaster shall not weigh a vehicle, or combination of vehicles, when part of the vehicle or connected combination, is not resting fully, completely, and as one (1) entire unit on the scale. (b) When weighing a combination of vehicles that will not rest fully, comp…

It is the duty of each public weighmaster to permit any interested party to read the indications on the weighing device or on an accurately projected image of the weight indicator when a commodity is weighed. In the event the public weighmaster fails or refuses to permit an inter…

A public weighmaster shall keep and preserve for a period of at least one (1) year a legible copy of each certificate issued by such weighmaster. The certificates shall be available for inspection by any weights and measures official of this state during normal office hours.

The commissioner is authorized to recognize and accept certificates issued by licensed public weighmasters of other states or federal agencies that recognize and accept certificates issued by public weighmasters of this state.

(1) The following persons shall be authorized, but are not required, to obtain licenses as public weighmasters:(1) A law enforcement or weights and measures official, or other qualified employee of a state, city, or county agency or institution when acting within the scope of suc…

(1) It is a prohibited act for any person:(1) Without a valid license to:(A) Assume the title of public weighmaster, or any title of similar import;(B) Perform the duties or acts to be performed by a public weighmaster;(C) Represent oneself to be a public weighmaster;(D) Issue an…

(1) The commissioner is authorized to suspend or revoke the license of any public weighmaster:(1) When, after a formal or informal hearing held following ten (10) days notice to the licensee, the commissioner is satisfied that the licensee has violated any provision of this part …