Title 53, Food, Drugs And Cosmetics

(a) A food shall be deemed to be misbranded if:(1) Its labeling is false or misleading in any particular;(2) It is offered for sale under the name of another food;(3) It is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word “imi…

Food that is, in accordance with the practice of the trade, to be processed, labeled or repacked in substantial quantities at an establishment other than the establishment where it was originally processed or packed is exempt from the affirmative labeling requirement of this chap…

(a) Any poisonous or deleterious substance, which shall include, but not be limited to, pesticide chemicals, food additives, color additives and radiation sources, added to any food pursuant to § 53-1-104, to any drug or device pursuant to § 53-1-108, or to any cosmetic pursuant …

(1) A drug or device shall be deemed to be adulterated if:(1) (A) It consists, in whole or in part, of any filthy, putrid or decomposed substance;(B) It has been produced, prepared, packed or held under unsanitary conditions whereby it may have been contaminated with filth, or wh…

(a) A drug or device shall be deemed to be misbranded:(1) If its labeling is false or misleading in any particular;(2) If in package form, unless it bears a label containing:(A) The name and place of business of the manufacturer, packer or distributor; and(B) An accurate statemen…

(a) No person shall sell, deliver, offer for sale, hold for sale or give away any new drug unless an application with respect to the drug has become effective under § 505 of the federal act. (b) This section shall not apply to:(1) A drug intended solely for investigational use by…

(1) A cosmetic shall be deemed to be adulterated if:(1) It bears or contains any poisonous or deleterious substance that may render it injurious to users under the conditions of use prescribed in the labeling or advertisement of the cosmetic, or under conditions of use that are c…

(1) A cosmetic shall be deemed to be misbranded if:(1) Its labeling is false or misleading in any particular;(2) In package form, unless it bears a label containing:(A) The name and place of business of the manufacturer, packer or distributor; and(B) An accurate statement of the …

(a) An advertisement of a food, drug, device or cosmetic shall be deemed to be false if it is false or misleading in any particular. (b) For the purpose of this chapter, the advertisement of a drug or device representing it to have any effect in albuminuria, appendicitis, arterio…

(1) Notwithstanding any law or rule to the contrary, a food item, including, but not limited to, biscuits, sandwiches, salads, slaw, cookies, candy and other desserts, shall be exempt from the labeling requirements of this chapter if the food item is:(1) Made on site;(2) Sold at …

(a) (1) The term “catfish” shall not be used as a common name or brand name or used to advertise, distribute, or label any fish or fish product, except for those species within the definition of catfish set out in § 53-1-102.(2) It is a violation of this section to use the term “…

Any food service establishment, as defined in § 68-14-302, that sells imported catfish or imported catfish products, as defined in § 53-1-102, shall label such catfish or catfish products as “imported” on its menus.

(a) The good faith donor of an apparently usable feminine hygiene product to a bona fide charitable or nonprofit organization for free distribution to persons in need of the product is not subject to criminal penalty for violation of unfair trade practice laws or civil damages ar…

(a) Notwithstanding part 2 of this chapter, or another law to the contrary, except as provided in this section, the production and sale of homemade food items under this chapter are exempt from all licensing, permitting, inspecting, packaging, and labeling laws of this state, exc…

(a) A cell-cultured food product must not be labeled as meat or a meat food product, as those terms are defined in § 53-7-202. (b) This section does not prohibit a label indicating the species from which the cells for the cell-cultured food product were harvested, that the produc…

(a) The purpose of this section is to develop a voluntary program for the promotion of meat and byproducts from livestock raised in this state. (b) For purposes of this section, “livestock” means animals that are born, raised, and harvested in this state for use as food for human…

(a) Whenever an agent of the commissioner has probable cause to believe that any food, drug, device, or cosmetic is adulterated or so misbranded as to be dangerous or fraudulent, the agent shall mark the article as “detained” or “embargoed”. It is a violation of this chapter for …

The commissioner may promulgate rules for the efficient enforcement of this chapter. The rules must be promulgated in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5.

(a) The commissioner or the commissioner's agent shall have free access at all reasonable hours to any factory, warehouse, or establishment in which foods, drugs, devices, or cosmetics are manufactured, processed, packed, or held for introduction into commerce, or to enter any ve…

(a) (1) Except as provided in § 53-1-118, a person shall not manufacture, process, pack, or hold food for introduction into commerce unless the person holds a valid license issued by the commissioner.(2) (A) Applicants for licensure shall apply for the license on forms provided b…

(1) As used in this part:(1) “Administration” means the United States food and drug administration;(2) “Department” means the department of agriculture; and(3) “Standards” means the standards for the growing, harvesting, packing, and holding of produce for human consumption (21 C…

(a) The department is authorized to cooperate with the administration under the standards. (b) In furtherance of its responsibilities under this part the department may:(1) Conduct inspections and take other actions reasonably necessary to assist the administration in enforcing t…

(a) No state funds shall be expended for the purposes of enforcing the standards against agricultural producers that only make sales of produce to:(1) The consumer of the produce; or(2) A restaurant or retail food establishment that is located in this state or not more than two h…

This chapter shall be known and may be cited as the “Dairy Law of the State of Tennessee.”

(a) The word “shall” is mandatory, and the word “may” is permissive. (b) Wherever a tolerance is allowed, it shall apply only to a tolerance as to composition and not to weight, unless specifically stated. (c) Whenever any reference is made to any section in this chapter or to an…

(1) As used in this chapter, unless the context otherwise requires:(1) “Commissioner” means the commissioner of agriculture or the person authorized to enforce this chapter;(2) “Dairy products” means pure, clean and wholesome milk, cream, pure milk fat, butter, buttermilk, cheese…

(a) (1) (A) The commissioner has the authority to define all varieties and types of dairy products and trade products.(B) The commissioner is further empowered to inspect and establish rules and regulations governing the production, storing, transportation, handling, processing, …

(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…