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Tennessee Statutes, Title 53

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Tennessee/Statutes

← All Tennessee coverage

Title 53, Food, Drugs And Cosmetics

13 chapters · 213 sections in this title.

All chapters in Title 53213 Ch 10, Legend Drugs37 Ch 7, Meat Inspection and Regulations33 Ch 3, Dairy Law of the State of Tennessee32 Ch 11, Narcotic Drugs and Drug Control32 Ch 1, Tennessee Food, Drug and Cosmetic Act27 Ch 8, Establishments Selling Food23 Ch 14, Legend Drug and Controlled Substance…14 Ch 16, HOPE Treatment Act7 Ch 13, Liability of Free Food Distributors5 Ch 15, Sorghum Molasses3

213 sections·Filtered byTitle 53✕

Tenn. Code Ann. § 53-3-301 Short title
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This part shall be known and may be cited as the “Dairy Farmers Prosperity Act.”
Tenn. Code Ann. § 53-3-302 Category Tennessee prime milk established
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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.
Tenn. Code Ann. § 53-3-303 “Tennessee prime milk” — Defined
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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.
Tenn. Code Ann. § 53-3-304 Certification
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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.

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Tenn. Code Ann. § 53-3-305 Standards

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(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…

Tenn. Code Ann. § 53-3-306 Labeling

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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.

Tenn. Code Ann. § 53-3-307 Documentation — Monthly analysis — Product samples — Costs

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(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…

Tenn. Code Ann. § 53-3-308 Sale of milk to dairy or trade products plant

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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…

Tenn. Code Ann. § 53-3-309 Rules and regulations

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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.

Tenn. Code Ann. § 53-7-101 Horsemeat sold or offered for sale to be denatured

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All horsemeat sold, offered for sale or exposed for sale shall be denatured with at least two percent (2%) charcoal or other similar inert ingredient and shall be in package form, and so labeled as to show that it contains horsemeat that has been denatured with at least two perce…

Tenn. Code Ann. § 53-7-102 Enforcement — Rules and regulations

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The commissioner of agriculture or the commissioner's duly authorized representative is authorized to enforce § 53-7-101, and the commissioner is further authorized to adopt and promulgate rules and regulations for the enforcement of § 53-7-101.

Tenn. Code Ann. § 53-7-103 Penalty for violation of § 53-7-101

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Each person, firm or corporation violating § 53-7-101 commits a Class C misdemeanor.

Tenn. Code Ann. § 53-7-201 Short title. [Effective until contingency is met. See the second version effective when contingency is met and Compiler's Notes.]

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This part shall be known and may be cited as the “Tennessee Meat and Poultry Inspection Act.”

Tenn. Code Ann. § 53-7-202 Part definitions. [Effective until contingency is met. See the second version effective when contingency is met and Compiler's Notes.]

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(1) As used in this part, unless the context otherwise requires:(1) “Adulterated” applies to any livestock, deer, or poultry carcass, part of any livestock, deer, or poultry carcass, meat food product or poultry product under one (1) or more of the following circumstances:(A) If …

Tenn. Code Ann. § 53-7-203 Ante mortem and post mortem inspections — Quarantine, seizure, tagging, and destruction or reprocessing — Procedures. [Effective until contingency is met. See the second version effective when contingency is met and Compiler's Notes.]

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(a) (1) For the purpose of preventing the entry into or movement in intrastate commerce of any livestock or poultry carcass, part of any livestock or poultry carcass, meat food product or poultry product that is unwholesome or adulterated and is intended for or capable of use as …

Tenn. Code Ann. § 53-7-204 Inspection and sanitary standards for official establishments for slaughtering or processing of livestock or poultry. [Effective until contingency is met. See the second version effective when contingency is met and Compiler's Notes.]

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(a) (1) Each official establishment at which livestock or poultry are slaughtered or livestock, deer, or poultry carcasses or parts of livestock, deer, or poultry carcasses, meat food products, or poultry products are processed for intrastate commerce shall have the premises, fac…

Tenn. Code Ann. § 53-7-205 Official inspection marks and required labeling — Conforming products acceptable for intrastate commerce — False or misleading labels. [Effective until contingency is met. See the second version effective when contingency is met and Compiler's Notes.]

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(a) (1) Each shipping container of any meat, meat food product, or poultry product inspected under the authority of this part and found to be wholesome and not adulterated, shall, at the time the product leaves the official establishment, bear, in distinctly legible form, the off…

Tenn. Code Ann. § 53-7-206 Prohibited acts. [Effective until contingency is met. See the second version effective when contingency is met and Compiler's Notes.]

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(1) The following acts or the causing of the following acts within this state is prohibited:(1) The processing for, or the sale or offering for sale, transportation, or delivery or receiving for transportation, in intrastate commerce, of any livestock carcass or part of any lives…

Tenn. Code Ann. § 53-7-207 Compliance with law required for operation. [Effective until contingency is met. See the second version effective when contingency is met and Compiler's Notes.]

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Subject to § 53-7-214(a), no establishment in this state shall slaughter any livestock or poultry or process any livestock, deer, or poultry carcasses, or parts of any livestock, deer, or poultry carcasses, meat food products, or poultry products, for human consumption, except in…

Tenn. Code Ann. § 53-7-208 Records required — Inspection — Retention. [Effective until contingency is met. See the second version effective when contingency is met and Compiler's Notes.]

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(a) For the purpose of enforcing this part, persons engaged in this state in the business of processing for intrastate commerce or transporting, shipping or receiving in intrastate commerce livestock or poultry slaughtered for human consumption, or meat, meat food products or pou…

Tenn. Code Ann. § 53-7-209 Exemptions. [Effective until contingency is met. See the second version effective when contingency is met and Compiler's Notes.]

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(a) The commissioner shall, by regulation and under conditions as to labeling, and sanitary standards, practices, and procedures that the commissioner may prescribe, exempt from specific provisions of this part:(1) Livestock producers and poultry producers with respect to livesto…

Tenn. Code Ann. § 53-7-210 Violations — Injunctive action. [Effective until contingency is met. See the second version effective when contingency is met and Compiler's Notes.]

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(a) Any violation of §§ 53-7-206 — 53-7-209, or of the rules and regulations duly promulgated by the commissioner pursuant to this part is a Class C misdemeanor; provided, that no carrier or warehouseman shall be subject to the penalties of this part, other than the penalties for…

Tenn. Code Ann. § 53-7-211 Violators entitled to notice and hearing preceding reports of violations to district attorney general — Alternatives to criminal prosecution. [Effective until contingency is met. See the second version effective when contingency is met and Compiler's Notes.]

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(a) Before any violation of this part is reported by the commissioner to the district attorney general for institution of a criminal proceeding, the person against whom the proceeding is contemplated shall be given reasonable notice of the alleged violation and opportunity to pre…

Tenn. Code Ann. § 53-7-212 Cease and desist orders. [Effective until contingency is met. See the second version effective when contingency is met and Compiler's Notes.]

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(a) Whenever it is brought to the attention of the commissioner that any person operating an establishment continues to willfully operate in violation of this part and after written notice of the violations has been given, the commissioner may issue a cease and desist order again…

Tenn. Code Ann. § 53-7-213 Commissioner to promulgate rules and regulations. [Effective until contingency is met. See the second version of this part effective when contingency is met and Compiler's Notes.]

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(a) The commissioner is authorized to promulgate rules and regulations that in the commissioner's judgment will implement and help effectuate the purposes of this part. (b) (1) By rules and regulations, the commissioner is authorized to establish standards for meat and poultry an…

Tenn. Code Ann. § 53-7-214 Relation of part to other laws. [Effective until contingency is met. See the second version of this part effective when contingency is met and Compiler's Notes.]

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(a) This part shall not apply to any act or transaction subject to regulation under the federal Meat Inspection Act (21 U.S.C. § 601 et seq.), or the federal Poultry Products Inspection Act (21 U.S.C. § 451 et seq.); provided, that inspectors are not excluded from making routine …

Tenn. Code Ann. § 53-7-215 Cost of inspections borne by department of agriculture — Exception. [Effective until contingency is met. See the second version of this part effective when contingency is met and Compiler's Notes.]

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The cost of inspections made to effectuate this part shall be borne by the department of agriculture; provided, that any extra cost of inspection resulting from overtime operation shall be borne by the establishment operating overtime pursuant to reasonable rules and regulations …

Tenn. Code Ann. § 53-7-216 License required for the operation of an establishment — Application. [Effective until contingency is met. See the second version of this part effective when contingency is met and Compiler's Notes.]

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(a) No person shall maintain an establishment for the slaughtering of livestock or poultry or the processing of livestock, deer, or poultry without first having secured a license from the department of agriculture and having paid all inspection and license fees. (b) Each separate…

Tenn. Code Ann. § 53-7-217 Revocation or suspension of license — General provisions for hearings and appeals. [Effective until contingency is met. See the second version of this part effective when contingency is met and Compiler's Notes.]

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(a) (1) If any establishment licensed under this part is deemed by the commissioner to be operated or maintained in any unsanitary manner, or in violation of any of this part or of any regulation duly promulgated pursuant to this part, the commissioner may give written notice of …

Tenn. Code Ann. § 53-7-218 Exclusive method of reviewing orders of commissioner — Disposition of confiscated property. [Effective until contingency is met. See the second version of this part effective when contingency is met and Compiler's Notes.]

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(a) The remedy and procedure provided in § 53-7-217 shall be the exclusive method of reviewing all orders of the commissioner issued pursuant to the hearing authorized by this part and shall be the sole remedy of any petitioner or claimant. No judge or any court shall have the au…

Tenn. Code Ann. § 53-7-219 Fees for licenses and inspections. [Effective until contingency is met. See the second version of this part effective when contingency is met and Compiler's Notes.]

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The fee for licenses and inspection issued pursuant to this part shall be set by rule pursuant to § 43-1-703.

Tenn. Code Ann. § 53-7-220 Licensing of custom slaughterers — Fee. [Effective until contingency is met. See the second version of this part effective when contingency is met and Compiler's Notes.]

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(a) Upon application, custom slaughterers shall also be licensed by the department of agriculture for the same periods of time as other licensees; provided, that the custom slaughterers first satisfy the commissioner that they are qualified and competent to conduct their operatio…

Tenn. Code Ann. § 53-7-221 [Obsolete]

Tenn. Code Ann. § 53-7-301 Short title

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This part shall be known and may be cited as the “Tennessee Biological Residue Act of 1972.”

Tenn. Code Ann. § 53-7-302 Part definitions

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(1) As used in this part, unless the context otherwise requires:(1) “Animal” means any member of the animal kingdom whether domesticated or wild, but not including humans;(2) “Animal product” means any product derived from any animal or animals that is or could be suitable for hu…

Tenn. Code Ann. § 53-7-303 Administration — Detention, quarantine and destruction of affected animals and animal products

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(a) This part shall be administered by the commissioner. (b) Whenever any animal or animal product is found within the state to bear or contain any biological residue that has been found to be hazardous to human health, as well as any other animal or animal product that the commi…

Tenn. Code Ann. § 53-7-304 Right of entry for examination purposes

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The commissioner may enter at normal business hours every place where animals or animal products are kept within the state, to examine the facilities, inventory and records pertaining to the animals or animal products, to copy all records, and to take reasonable samples of any an…

Tenn. Code Ann. § 53-7-305 Authority of commissioner to promulgate tolerance regulations

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(a) The commissioner shall promulgate regulations setting forth tolerances for biological residues in or on animals or animal products that are consistent with tolerances adopted under authority of the Tennessee Food, Drug and Cosmetic Act, compiled in chapter 1 of this title and…

Tenn. Code Ann. § 53-7-306 Violation of provisions — Penalties

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A violation of this part is a Class C misdemeanor.

Tenn. Code Ann. § 53-7-307 Injunctive relief

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In addition to the remedies provided in this part, the commissioner may apply to any chancery court, and the chancery court shall have jurisdiction, for a temporary or permanent injunction restraining any person from violating this part, regardless of whether or not there exists …

Tenn. Code Ann. § 53-7-401 Part definitions. [Effective when contingency is met. See Compiler's Notes.]

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(1) As used in this part:(1) “Federal Poultry Products Act” means the act compiled at 21 U.S.C. § 451 et seq. and its subsequent amendments; and(2) “USDA” means the United States department of agriculture. (1) “Federal Poultry Products Act” means the act compiled at 21 U.S.C. § 4…

Tenn. Code Ann. § 53-7-402 Poultry. [Effective when contingency is met. See Compiler's Notes.]

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Nothing in this chapter applies to any action subject to regulation under the Federal Poultry Products Act, which remains under the sole jurisdiction of the USDA, food safety inspection service; provided, that state inspectors are not excluded from making routine inspections and …

Tenn. Code Ann. § 53-8-101 Short title

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This chapter shall be known as the “Tennessee Retail Food Safety Act.”

Tenn. Code Ann. § 53-8-102 Purpose

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It is the purpose of this chapter to ensure that foods offered for public consumption in this state are safe as prepared, processed, served, packaged, and delivered. Food service establishments that are located within retail food stores are subject to this chapter and exempt from…

Tenn. Code Ann. § 53-8-103 Chapter definitions

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(1) As used in this chapter:(1) “Alteration” shall be defined by rule, but shall not mean function replacement that equals or makes better the existing operation of the facility;(2) “Commissioner” means the commissioner of agriculture, the commissioner's duly authorized represent…

Tenn. Code Ann. § 53-8-104 Authority of commissioner

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

Tenn. Code Ann. § 53-8-105 Appropriation of moneys

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

Tenn. Code Ann. § 53-8-106 Permits — Expiration — Transfer not allowed — Display

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(a) No person shall operate a food establishment who does not hold a valid permit issued to the person by the commissioner annually, or as the commissioner may otherwise provide by rule and regulation. (b) Every person now engaged in the business of operating a food establishment…

Tenn. Code Ann. § 53-8-107 Application for permits — Inspection — Renewals — Exception

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(a) Any person planning to operate a food 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. (b) Prior to the approval of the applicat…

Tenn. Code Ann. § 53-8-108 Suspension of permits

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