Title 43, Agriculture And Horticulture

(a) The compact administrator for this state shall be the commissioner of agriculture. The duties of the compact administrator shall be deemed a regular part of the duties of the commissioner's office and the commissioner's expenses as compact administrator become a charge upon t…

The commissioner of agriculture may, by lawful means, obtain information pertaining to the dairy industry that the commissioner deems necessary to carry out the purposes of this part and the southern dairy compact. Such information may be utilized by the commissioner, the delegat…

The commissioner of agriculture is authorized to promulgate such rules and regulations, in accordance with the Uniform Administrative Procedures Act, compiled at title 4, chapter 5, as are necessary to carry out the purposes of this part and the southern dairy compact.

Pursuant to article VI, section 5, copies of the commission's bylaws and amendments thereto shall be filed with the commissioner of agriculture.

Consistent with law and within available appropriations, the departments, agencies and officers of this state shall cooperate with the southern dairy compact commission established by § 43-35-101, article II, section 4.

It is unlawful for the compact administrator or the commissioner's representative, and/or the members of the commission representing the state of Tennessee, to make any agreement, to create any obligation, or to commit the state for any funds, moneys or property in excess of the …

This act shall be known and may be cited as the “Biobased Products for Farmers and Rural Development Act of 2000.”

(1) As used in this chapter, unless the context clearly requires otherwise:(1) “Ag Fiber Technology” means a unique public/private sector coalition organized by Agro-Tech Communications of Memphis, Tennessee and based at Agricenter International in Memphis, Tennessee. Ag Fiber Te…

Nothing in this chapter shall be construed to authorize the development of or research relative to any strain or variety of cannabis other than hemp, as defined in § 43-27-101.

(a) The general assembly finds that the development of biobased products, agricultural biomass, bast fiber crops and industrial utilization is in the best interest of Tennessee's economy and agriculture. The general assembly recognizes the importance of agricultural fibers as the…

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

(a) A majority of the organizers or initial directors of a cooperative that has not issued membership interest or has not commenced business may dissolve the cooperative by delivering to the secretary of state for filing articles of dissolution and termination that set forth:(1) …

(a) A cooperative may be voluntarily dissolved by the written consent of its members in accordance with § 43-38-1008. (b) A cooperative's board of directors may propose dissolution for submission to the members. (c) For a proposal to dissolve to be adopted:(1) The board of direct…

(1) The secretary of state may commence a proceeding under § 43-38-1004 to dissolve administratively the cooperative if:(1) The cooperative does not deliver its properly completed annual report to the secretary of state within two (2) months after it is due;(2) The cooperative is…

(a) If the secretary of state determines that one (1) or more grounds exist under § 43-38-1003 for dissolving a cooperative, the secretary of state shall serve the cooperative with written communication of the secretary of state's determination in accordance with §§ 43-38-110 and…

(a) A cooperative administratively dissolved under § 43-38-1004 may apply to the secretary of state for reinstatement following administrative dissolution. The application must:(1) Recite the name of the cooperative at the date of its administrative dissolution;(2) State that the…

(a) If the secretary of state denies a cooperative's application for reinstatement following administrative dissolution, the secretary of state shall serve the cooperative under §§ 43-38-110 and 43-38-111 with a written notice that explains the reason or reasons for denial. (b) T…

(a) When a cooperative that has been administratively dissolved wishes to terminate its existence, it may do so without first being reinstated, by delivering to the secretary of state for filing articles of termination following administrative dissolution setting forth:(1) The na…

(a) If dissolution of the cooperative is approved pursuant to § 43-38-1002(a), the cooperative shall file with the secretary of state a notice of dissolution that contains:(1) The name of the cooperative; and(2) If the dissolution is approved pursuant to § 43-38-1002(f), the date…

(a) After the notice of intent to dissolve has been filed with the secretary of state, the board, or the officers acting under the direction of the board, shall proceed as soon as possible to:(1) Collect or make provision for the collection of all debts due or owing to the cooper…

This chapter shall be known and may be cited as the “Tennessee Processing Cooperative Law.”

(a) When a notice of dissolution has been filed with the secretary of state, and the business of the cooperative is not to be wound up and terminated by merging the dissolved cooperative into a successor organization under § 43-38-122, then the cooperative may give notice of the …

The claim of a creditor or claimant against a dissolving cooperative is barred if the claim has not been enforced by initiating legal, administrative or arbitration proceedings concerning the claim by two (2) years after the date the notice of intent to dissolve is filed with the…

(a) The articles of termination shall be filed with the secretary of state upon the dissolution and the completion of winding up the cooperative. (b) Articles of termination shall set forth:(1) The name of the cooperative;(2) The date of filing of its articles of organization;(3)…

(a) Dissolution proceedings may be revoked before the articles of dissolution are filed with the secretary of state. (b) The chair may call a members' meeting to consider the advisability of revoking the dissolution proceedings. The question of the proposed revocation shall be su…

The existence of the cooperative is terminated upon the filing of articles of termination with the secretary of state.

After a notice of intent to dissolve has been filed with the secretary of state and before a certificate of dissolution has been issued, the cooperative or, for good cause shown, a member or creditor, may apply to a court within the county where the registered address is located …

A court may grant any equitable relief it considers just and reasonable in the circumstances or may dissolve a cooperative or direct that the dissolved entity is merged into another or new cooperative or other entity on the terms and conditions the court deems equitable.

(a) On application by the attorney general and reporter, or by or for a member, the court may decree dissolution of a cooperative whenever it is not reasonably practicable to carry on the business in conformity with the articles and the operating agreement. (b) The dissolution is…

(a) In dissolution proceedings, before a hearing is completed, the court may:(1) Issue injunctions;(2) Appoint receivers with all powers and duties that the court directs;(3) Take actions required to preserve the cooperative's assets wherever located; and(4) Carry on the business…

(a) A receiver shall be a natural person or a domestic corporation in this state. A receiver shall give a bond as directed by the court with the sureties required by the court. (b) A receiver may sue and defend in all courts as receiver of the cooperative. The court appointing th…

The general assembly has the power to amend or repeal all or part of this chapter at any time and all domestic cooperatives subject to this chapter shall be governed by the amendment or repeal.

(a) In proceedings to dissolve a cooperative, the court may require all creditors and claimants of the cooperative to file their claims under oath with the court administrator or with the receiver in a form prescribed by the court. (b) If the court requires the filing of claims, …

The involuntary or supervised voluntary dissolution of a cooperative may be discontinued at any time during the dissolution proceedings, if it is established that cause for dissolution does not exist. The court shall dismiss the proceedings and direct the receiver, if any, to red…

(a) In an involuntary or supervised voluntary dissolution, after the costs and expenses of the proceedings and all debts, obligations and liabilities of the cooperative have been paid or discharged and the remaining property and assets have been distributed to its members, or if …

After the court enters an order dissolving a cooperative, the court administrator shall cause a certified copy of the dissolution order to be filed with the secretary of state. The secretary of state may not charge a fee for filing the dissolution order.

(a) A cooperative shall be dissolved as provided in the articles in a manner consistent with other business entities organized in this state, or if not provided, may be dissolved in the same manner as a limited liability company organized in this state; or the members may authori…

After a cooperative has been dissolved, any of its former officers, directors or members may assert or defend, in the name of the cooperative, a claim by or against the cooperative.

(a) A court may grant equitable relief that it deems just and reasonable in the circumstances or may dissolve a cooperative and liquidate its assets and business:(1) In a supervised voluntary dissolution that is applied for by the cooperative;(2) In an action by a member when it …

(a) A person who is or who becomes a creditor or claimant before, during, or following the conclusion of dissolution proceedings, who does not file a claim or pursue a remedy in a legal, administrative or arbitration proceeding during the pendency of the dissolution proceeding, o…

(1) As used in this chapter, unless the context otherwise requires:(1) “Address” means mailing address, including a zip code. In the case of a registered address, the term means the mailing address and the actual office location, which may not be a post office box;(2) “Articles” …

(a) Notice under this chapter shall be in writing, except that oral notice is effective if it is reasonable under the circumstances and not prohibited by the articles or bylaws. (b) Notice may be communicated in person, by telephone, telegraph, teletype, or other form of wire or …

(a) The name of a cooperative shall distinguish the cooperative upon the records in the office of the secretary of state from the name of a domestic or foreign business entity, authorized or registered to do business in this state or a name the right to which is, at the time of o…

(a) A person may reserve the exclusive use of a cooperative name, including an assumed cooperative name, by delivering an application to the secretary of state for filing. The application must set forth the name and address of the applicant and the name proposed to be reserved. I…

(a) Each cooperative shall have and continuously maintain in this state:(1) A registered office, which may be, but need not be, the same as its place of business;(2) A registered agent, which agent may be either an individual resident in this state whose business office is identi…

(a) A cooperative may change its registered office or agent, or both, upon filing in the office of the secretary of state a statement of change setting forth:(1) The name of the cooperative;(2) If the address of its current registered office is to be changed, the address to which…