Tenn. Comp. R. & Regs. 0080 — Department of Agriculture

Chapter 0080-01-01 Administration Actions and Proceedings

Tenn. Comp. R. & Regs. 0080-01-01-.01 CIVIL PENALTIES

(1) Schedule. For violation of each statute, rule, or order under the administrative charge of the department, the department may enforce a minimum penalty of $0 up to a maximum penalty of $500, in addition to any other statutorily authorized penalties.

(2) Boards and commissions administratively attached to the department may assess civil penalties under their jurisdiction on the same schedule as the department: minimum $0; maximum $500. The department may provide administrative support to the boards and commissions in enforcing and collecting civil penalties assessed.

(3) Civil penalty amount.

(a) In determining the amount of a civil penalty, the department, board, or commission assessing the penalty may consider any factor, including but not limited to:

1. Mental culpability of the violator, e.g. negligence, recklessness, knowledge, or intent;

2. History and frequency of violations committed by the violator;

3. Risk of potential injury to persons or property arising out of the violation;

4. Magnitude of actual harm caused by the violation; and, 5. Corrective actions taken by the violator to prevent future violations.

(b) The department, board, or commission may waive any portion of an assessed penalty for good cause shown.

History

• Authority: T.C.A. § 4-3-203.
• Administrative History: Original rule certified June 5, 1974. Amendments filed May 8, 2026; effective August 6, 2026.

Tenn. Comp. R. & Regs. 0080-01-01-.02 HEARINGS

(1) For any hearing before the department or any board or commission administratively attached to the department, the department adopts as procedural rules for the hearing Tenn. Comp. R. & Regs. 1360-04-01, provided that the commissioner, his or her designee, or an administrative law judge over the matter may upon reasonable notice to the parties amend or waive any procedural requirement when necessary, in the interest of equity and expediency of the parties.

(2) This rule shall apply to:

(a) Contested case hearings required under the Uniform Administrative Procedures Act;

(b) Hearings required under enabling legislation for any license issued by the department;

(c) Petitions for declaratory order under T.C.A. § 4-5-223; and, (d) Hearings before a board or commission administratively attached to the department.

(3) This rule shall not apply to:

(a) Informal reviews among parties for the purpose of exploring informal resolution of a matter;

(b) Public hearings held as part of the department’s rulemaking process under the Uniform Administrative Procedures Act;

(c) Opportunities for an affected party to explain under the enabling legislation why an administrative action should not proceed;

(d) Motions before administratively attached boards and commissions for purposes of conducting business; and, (e) Any other opportunity to be heard before the commissioner not listed in paragraph (2) of this rule, provided that the commissioner may in his or her discretion and upon notice to the parties enlist regulations adopted under paragraph (1) of this rule for the conduct of hearing on any matter.

History

• Authority: T.C.A. § 4-3-203.
• Administrative History: Original rule certified June 5, 1974. Amendments filed May 8, 2026; effective August 6, 2026.

Tenn. Comp. R. & Regs. 0080-01-01-.03 NOTICE

(1) Notwithstanding adoption of standardized procedural rules for hearings, notice of an enforcement action against any person licensed by the department is presumed properly served upon mailing of notice to the person’s address of record with the department. This

rule applies to any action by the department including but not limited to assessment of a civil penalty, issuance of notices affecting licenses, and conduct of hearings.

History

• Authority: T.C.A. § 4-3-203.
• Administrative History: Original rule certified June 5, 1974. Amendments filed May 8, 2026; effective August 6, 2026.

Tenn. Comp. R. & Regs. 0080-01-01-.04 PETITIONS FOR DECLARATORY ORDER

(1) Purpose. Whenever any person is affected by any statute governing the department or any statute in which authority is granted to the department to take any action, or any rule promulgated or order issued by the department, he or she may petition for a declaratory order to determine the validity or applicability of the statute, rule, or order. This rule governs the procedures for submission of petitions for declaratory orders for the department.

(2) Definitions. When used in this rule, unless the context requires otherwise:

(a) “Affected person” means a person who asserts that a statute, rule, or order within the primary jurisdiction of the department has had a specific and direct effect on that person;

(b) “Department” means the Tennessee Department of Agriculture; and (c) “Petitioner” means the person who has filed a petition for a declaratory order.

(3) Petitions for declaratory order under T.C.A. § 4-5-223 must be submitted in writing to Tennessee Department of Agriculture, Attn: General Counsel, Post Office Box 40627, Nashville, Tennessee 37204. The writing must be submitted on forms provided by the department and must address with specificity the following:

(a) Identification of the specific statute, rule, or order for which the petition is submitted;

(b) Name of the affected person;

(c) Address of the affected person where the person’s operation or conduct is affected by application of the statute, rule, or order being petitioned;

(d) Address of the affected person for purposes of receiving notice;

(e) Description of the facts which led to the filing of the petition;

(f) Description of the relief the petitioner is requesting, including the specific nature of the requested order and the conclusions the petitioner would like the department to reach at the conclusion of the declaratory order process;

(g) Citation to the statute, rule, or order which is the subject of the petition; and (h) Description of how the cited statute, rule, or order has specifically and directly produced the effect or result upon the petitioner as described in the submitted facts.

(4) Affected persons under this rule must maintain a physical address in the state where interpretation or application of the underlying statute, rule, or order governs the person’s operation or conduct.

(5) A petitioner may not include more than one statutory section, rule, or order in each petition for declaratory order.

(6) Petitions that do not comply with the requirements of this rule will not be reviewed by the department under T.C.A. § 4-5-223.

(7) A petition for declaratory order is deemed received on the later of the date it is received by the General Counsel at the address provided in this rule or the third business day after the postmark date.

(8) The department has met the 60-day requirement to set a contested case hearing for a petition upon issuance of a proposed scheduling order with the administrative law judge or hearing officer presiding over the matter.

History

• Authority: T.C.A. §§ 4-3-203 and 4-5-223.
• Administrative History: New rules filed May 8, 2026; effective August 6, 2026.

Tenn. Comp. R. & Regs. 0080-01-01-.05 WORTHLESS CHECKS

(1) When any check or other instrument is issued to the department as partial or complete satisfaction of an account due and the instrument is refused for payment by the drawee, the department may assess a $30 handling charge in accordance with T.C.A. § 47-29-102, provided that the charge may be applied only once per instrument. Handling charges assessed under this rule are in addition to, and not in lieu of, any amounts due on the account or any administrative action against the payor.

(2) If a payor does not make good for the amount of a worthless check within 10 days of notice that the check or instrument was returned, the department may waive the assessed handling charge and refer the matter for investigation under T.C.A. § 39-14-121.

(3) The department may revoke or deny any license associated with unpaid handling charges or unpaid license fees or late charges resulting from the underlying denial of payment.

History

• Authority: T.C.A. §§ 4-3-203 and 47-29-102.
• Administrative History: New rules filed May 8, 2026; effective August 6, 2026.

Chapter 0080-01-02 Repealed

Tenn. Comp. R. & Regs. 0080-01-02-.01 REPEALED

History

• Authority: T.C.A. § 4-3-203.
• Administrative History: New rule filed March 30, 2017; effective June 28, 2017. Repeal filed May 8, 2026; effective August 6, 2026.

Chapter 0080-01-03 Repealed

Tenn. Comp. R. & Regs. 0080-01-03-.01 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 4-3-204.
• Administrative History: Original chapter filed November 22, 1978; effective January 8, 1979. Repealed by Public Chapter 261; effective July 1, 1983. New chapter filed October 6, 1989; effective November 20, 1989. Amendment filed March 12, 1993; effective June 29, 1993. Amendments filed March 30, 2017; effective June 28, 2017. Amendments filed July 31, 2018; effective October 29, 2018. Amendments filed June 10, 2019; effective September 8, 2019. Repeal filed May 8, 2026; effective August 6, 2026.

Chapter 0080-01-04 Farmland Preservation

Tenn. Comp. R. & Regs. 0080-01-04-.01 SCOPE

(1) The farmland preservation program facilitates enrollment of conservation easements that are applied for jointly by landowners and qualified easement holders, to be granted in perpetuity with the holders. The program competitively selects applications that present the greatest opportunities for preservation of high value agricultural or forest land and provides grant funding to selected applications for a portion of: the current market value of the parcel’s development rights and reimbursement of costs associated with enrolling the easement.

(2) This chapter applies to any person who applies for grant funding through the program, any holder of a conservation easement that was enrolled with funding provided under the program, and each easement funded through the program.

History

• Authority: T.C.A. §§ 4-3-203 and 43-1-110.
• Administrative History: New rule filed March 30, 2017; effective June 28, 2017. Amendments filed May 8, 2026; effective August 6, 2026.

Tenn. Comp. R. & Regs. 0080-01-04-.02 DEFINITIONS

(1) Terms in this chapter share those meanings of terms in T.C.A. § 43-1-110.

(2) When used in this chapter, unless the context requires otherwise:

(a) “Act” means T.C.A. § 43-1-110;

(b) “Agricultural land” means a parcel that, at the time of application:

1. Contains less than 75% forest cover; and 2. Any portion of the parcel is:

(i) Zoned agricultural by a competent jurisdiction;

(ii) Classified as farm property, under T.C.A. §§ 67-5-501 et seq., by the county assessor in the county where the parcel is located; or (iii) Enrolled with the State Board of Equalization for Greenbelt classification as agricultural land.

(c) “Captive insurance” means self-insurance wholly owned by its group of land trust members;

(d) “Commerce” means involving payment for an item or payment for services incident to production of the item;

(e) “Common ownership” means ownership in fee simple and that for all deeds relative to land within a parcel, the owners and their ownership relationships stated in the deeds are the same. This definition does not preclude variations in titles, suffixes, or use of owners’ alternate names on deeds provided that the sameness of the persons is established;

(f) “Conservation defense insurance” means an insurance product for provision of financial and legal resources benefitting the investigation, defense, and enforcement of conservation easements, including but not limited to coverage of legal fees, expert witness costs, court costs, settlement expenses, and damages arising from disputes or violations regarding conservation easements’ validity and enforcement;

(g) “Department” means the Tennessee Department of Agriculture;

(h) “Farm products” and “nursery stock” have the same meaning as provided under T.C.A. § 43-1-113;

(i) “Forest land” means a parcel containing at least 75% forest cover;

(j) “FSA” means United States Department of Agriculture, Farm Services Agency;

(k) “Fund” means the farmland preservation fund created under the Act and administered by the department;

(l) “Greenbelt” means the Agricultural, Forest and Open Space Land Act of 1976, codified at T.C.A. §§ 67-5-1001, et seq.;

(m) “Parcel” means the property for which application to participate in the program is made.

For purposes of this definition, boundaries of a parcel are wholly defined by the parcel owners seeking participation in the program and may be different than the boundaries for the larger lot on which the parcel is located, as otherwise stated in either its deed or the assessor’s map for the property;

(n) “Person” means an individual, partnership, corporation, or any other form of legal entity;

(o) “Program” means the farmland preservation program for funding of conservation easements administered by the department and funded under the Act;

(p) “Qualified easement holder” or “holder” mean a 501(c)(3) nonprofit organization, registered in good standing with the Tennessee Office of the Secretary of State, and that is either:

1. Accredited by the Land Trust Accreditation Commission; or 2. Capable of showing coverage under a conservation defense insurance policy issued by a captive insurance body authorized to issue policies in this state.

(q) “Site index” means the total height to which dominant trees of a given species are expected to grow on a given site at some index age, where dominant trees are the tallest trees in the stand; and (r) “USDA” means United States Department of Agriculture.

History

• Authority: T.C.A. §§ 4-3-203 and 43-1-110.
• Administrative History: New rules filed May 8, 2026; effective August 6, 2026.

Tenn. Comp. R. & Regs. 0080-01-04-.03 MINIMUM REQUIREMENTS

(1) The following are minimum application requirements for consideration in the program.

Satisfaction of the following does not ensure acceptance into the program, but failure to satisfy any of the following will result in rejection of an application.

(a) Universal application minimum requirements.

1. For each parcel submitted for participation in the program, applications must be submitted jointly by all owners of the parcel and a qualified easement holder.

2. The parcel must meet the definition of either agricultural land or forest land.

3. The parcel must be eligible for classification under Greenbelt as agricultural land or forest land, provided that there are no maximum acreage limitations for parcels applying to the program.

4. For structures, facilities, and other improvements on the property that have a primary purpose other than agricultural or forestry production in commerce, impervious surfaces on the parcel may not occupy more than five percent of the parcel. This requirement applies for, but is not limited to, residential development, driveways, and access roads. This limitation does not apply to public roads or utilities.

5. The parcel may not undergo a change of ownership between submission of an application and close of sale on a program easement. If any portion of the parcel undergoes a change in ownership during that time, the department will void the parcel’s program application for that application period. A change of ownership triggered under joint tenancy with rights of survivorship does not constitute a change of ownership under this part.

6. A parcel owner may not encumber the parcel between submission of an application and close of sale on a program easement. If any portion of the parcel is newly encumbered during that time, the department will void the parcel’s program application for that application period.

7. All of the parcel must be held under common ownership.

8. Surface rights on the parcel must be intact.

9. The parcel must not house structures or facilities with a primary purpose for commercial production of energy.

10. The parcel must not be subject to any permanent conservation easement that preexists a program easement.

(b) For agricultural land applications, a parcel owner must have a current agricultural sales and use tax exemption issued by the Tennessee Department of Revenue.

(c) For forest land applications, a parcel owner must have a current multi-resource management plan that meets USDA Forest Service’s Forest Stewardship Program National Standards and was prepared by a forester accredited by the Society of American Foresters or by any state accreditation program. There is no requirement for when the plan must have been created or last amended; however, the plan must have been approved by the state forester within two years preceding application.

(2) Applications must include information on forms provided by the department, which may require:

(a) Parcel owner information.

1. Name of each current owner of the parcel;

2. Date of birth of any owner who is an individual or a partner in a general partnership;

3. Proof of registration in its state of incorporation for any owner that is a formalized business entity;

4. Contact information to include name of person legally responsible for each owner, telephone number, email address, and mailing address;

5. Identification of all subordinate, recorded leases and their lessees for property within the parcel;

6. Identification of all existing lienholders, for property within the parcel, and their contact information, including mailing address and email address; and 7. A statement of good faith among all owners of the parcel and its lienholders, that:

(i) By amendment to each underlying security agreement, lienholders intend to be bound by deed restrictions under the resulting easement; or (ii) By contract for sale of the easement, owners intend to pay lienholders in full by the time of close on the easement sale.

(b) Holder information.

1. Name of the qualified easement holder;

2. Charitable organization number as registered with the Office of Secretary of State;

3. Proof of accreditation through the Land Trust Accreditation Commission or proof of existing coverage under a conservation defense insurance policy issued by a captive insurance body authorized to issue policies in this state; and 4. Contact information, to include name of person legally responsible for the holder, telephone number, email address, and address of principal place of business.

(c) Parcel information.

1. Copy of any vesting deed for the parcel (i.e. reflecting current ownership), as filed with the register of deeds in the county or counties where the parcel is located;

2. Address of the parcel;

3. Approximate acreage of the parcel;

4. An aerial map of the parcel indicating its approximate boundaries; and 5. Estimated value of conservation easement rights on the parcel, less owner’s anticipated donation of easement value, if any, and holder’s anticipated addition of alternate funding sources for acquisition of the easement.

(d) Supporting documentation. For evaluation of an application, the department may require, among other things, proof of: local zoning or assessor classification for the parcel; enrollment of the parcel or adjoining property in Greenbelt or Forest Legacy programs; agricultural tax exemption status of owners; preliminary surveys, site indexes, appraisals or other assessments conducted by state licensed surveyors, accredited foresters, or property appraisers; notarized attestations of owners or their representatives regarding estate planning; owners’ government issued identification sufficient to establish age; soil mapping surveys; nutrient management plans, conservation plans, and multi-resource management plans; designation of a parcel’s agricultural district; century farm registration; owners’ FSA filings relative to a parcel; certificates of completion for masters programs or other agricultural curricula; and American Tree Farm System certification.

(e) Other information or documentation as required by the department.

History

• Authority: T.C.A. §§ 4-3-203 and 43-1-110.
• Administrative History: New rules filed May 8, 2026; effective August 6, 2026.

Tenn. Comp. R. & Regs. 0080-01-04-.04 APPLICATION PROCESS AND SCORING

(1) Applications for participation in the program are scored by assigning point values to various characteristics specific to the parcel and to an owner, identified in the application, relative to commercial production of farm products or nursery stock.

(2) The department will tailor scoring criteria to evaluate parcel alignment with departmental goals for efficient and equitable distribution of the fund and for preservation of agricultural and forest land within the state. In setting scoring criteria, the department will consider for each application: development pressure in surrounding areas, population increases in surrounding areas, parcel size, estate and management planning, soil quality, proximity to other protected lands, suitability for agricultural and forestry production, production experience of current parcel owners, and other criteria as necessary for the program to serve and administer the purpose of the Act.

(3) The department will score applications on a scale not to exceed 200 points. Applications with greater sums of scored points will be considered more competitive than applications with lesser scored points. The department will score each application based on information submitted at the time of application and will reject for participation in the program any application that does not receive a score of at least 130 points.

(4) When any criterion is scored relative to a parcel’s county, for parcels located in multiple counties characteristics specific to the parcel are scored as to the one county for each criterion that may afford an application the greatest number of points.

(5) When any criterion is scored relative to a parcel’s owner, for parcels owned by multiple owners characteristics specific to the owner are scored as to the one or first owner identified in the application for the program.

(6) The department may conduct only one application period for the program per year, which shall be opened on September 1 in any fiscal year in which appropriations are made to the fund by the General Assembly or in which the balance of the fund exceeds five million dollars. The department may limit the application period to any definite amount of time, provided that its period and the scoring criteria that will be applied to applications are publicly noticed more than 30 days prior to the beginning of the period and that the period shall be held open for at least ten consecutive business days.

(7) For any applications not selected during an application period, the department may hold those applications for two years to be considered for future participation in the program; provided, however, that before consideration in any subsequent application period, the applicants shall update any information required by the department for continued consideration of the application.

(8) Prior to close of sale on a program easement, the department may deny any application that is not completed in full or that is not completed in conformance with the Act or this chapter of rules.

(9) If at any time prior to close of sale on a program easement an owner or holder identified in an application request in writing that the application be withdrawn, the department will void the application. The department will not hold over for consideration in subsequent application periods any application that is withdrawn by its applicant.

(10) For any fiscal year in which an application period is opened, the department will submit an annual report to the chairs of the joint government operations committee detailing the scoring criteria used for evaluation of applications, the number of applications received, the number of applications that received an offer under the program, the total maximum funding for the application period allowed by this chapter of rules, an estimate of the number of acres accepted into the program, a list of counties in which parcels were accepted into the program (all annual totals specific to the application period occurring immediately prior to the report), and total funds expended and acreage enrolled during the history of the program.

History

• Authority: T.C.A. §§ 4-3-203 and 43-1-110.
• Administrative History: New rules filed May 8, 2026; effective August 6, 2026.

Tenn. Comp. R. & Regs. 0080-01-04-.05 VALUATION AND PROCESS TO CLOSE

(1) Easement funding offers. During each application period, the department will offer program enrollment for the associated easements to qualified easement holders for applications submitted by qualified easement holders and landowners that receive the highest scores and may be funded within the payment maximums established by the program.

(2) Performance and review.

(a) Acceptance of the offer and execution of its contract may require holder’s performance of temporal benchmarks during the term, including but not limited to production of:

1. Appraisal for the value of a conservation easement on the parcel, produced by a state licensed property appraiser in accordance with Uniform Standards for Professional Appraisal Practice, and any accompanying reports or other documents incident to the appraisal. The easement value must be calculated as the difference between the parcel’s fair market value before and after the easement is granted;

2. Boundary survey and legal description of the parcel to be encumbered by the easement;

3. Preliminary assessment of improvements on the parcel and the percentage of impervious surfaces on the parcel with a primary purpose other than commercial production of agriculture or forestry;

4. If subsurface rights on the parcel are severed, a remoteness study and written statement of a state licensed geologist that subsurface interests on the parcel are so remote as to be negligible;

5. Title commitment containing title search results identifying parcel ownership, any current lienholders, recorded leases, or other encumbrances affecting the suitability of the parcel for the program; demonstrating marketable and insurable title of the owners indicated in the application; and all supporting documents;

6. Proposed final draft of deed language;

7. Recorded deed for conveyance of the easement interest, drafted in accordance with the Act and this chapter and recorded in each county where the parcel is located; and 8. Owner’s title policy insuring the holder in an amount equal to the appraised value of the easement or the amount paid to the holder under the program for acquisition of the easement, whichever is greater.

(b) For documents required under this rule, holders shall select service providers from a list of approved vendors maintained by the department of general services, State of Tennessee Real Estate Asset Management (STREAM).

(c) The department may forward to STREAM any documents submitted under the contract, and upon departmental request STREAM may review those documents for accuracy and validity in operating the program, using all processes that are appropriate and generally accepted within the real estate industry for transfer of property interests in agricultural and forest land. If STREAM review indicates inaccuracy or invalidity of documents submitted under the contract, including inaccuracy or overvaluation of the appraised value of the easement or other non-compliance with requirements of the Act or this chapter, the department may pursue remedies in accordance with the contract or void the parcel application for that application period.

(d) If an application selected for an easement funding offer is later voided or withdrawn for any reason, such as failure to perform contract requirement, easement valuation exceeds payment caps, etc., the department will not extend additional offers to alternate applicants in the same application period.

(e) Except for provisions relative to payment caps, nothing in this chapter may be construed to limit or to influence construction of contract terms extended under offers for program funding.

(3) Term. Easement funding offers run for a term not to exceed 360 days from the date a program funding offer is made. For good cause shown and with the department’s sole discretion, the department may grant one extension of the performance period, up to 180 days from the end of the term. The department will not extend the time for performance for delays arising from the applicants’ lack of diligence or for general market conditions, but may consider extensions for documented circumstances beyond the applicants’ reasonable control. If a qualified easement holder is unable to execute the contract in full prior to the end of the term and extension, if applicable, the offer expires and is withdrawn.

History

• Authority: T.C.A. §§ 4-3-203 and 43-1-110.
• Administrative History: New rules filed May 8, 2026; effective August 6, 2026.

Tenn. Comp. R. & Regs. 0080-01-04-.06 PAYMENT MAXIMUMS AND COST LIMITATIONS

(1) Application period limits.

(a) Total. In the first year of administering the program, the department will limit the total disbursement of program funds to 50 percent of the fund’s balance. For any application period after the first year, the department may commit the fund’s balance in full, as it is calculated at the beginning of the application period less any amounts for previous program offers committed but which are still outstanding from the prior year’s application period. These limits on expenditures per application period shall apply inclusive of both easement purchase funds and payment of ancillary enrollment.

Notwithstanding these limits on expenditures, commitments may be made only for applications that meet all eligibility and scoring requirements set forth in this chapter, including the minimum scoring threshold established in 0080-01-04-.04(3).

(b) Easement purchases. For any application period, the department shall limit the total funds available for easement purchases to 92 percent of the application period limit established under subparagraph (a).

(c) Ancillary costs. For any application period, the department shall limit the total funds available for support of ancillary enrollment costs to eight percent of the application period limit established under subparagraph (a).

(2) Individual application limits.

(a) Easement purchase.

1. The department shall limit the funds available for easement purchase per application to 30 percent of the total easement purchase limit established under subparagraph (1)(b).

2. The department shall further limit easement purchase funding per application based on the lowest valuation of each easement (i.e. among the estimated value indicated in the application, the appraised value submitted under contract, and any STREAM evaluation under appraisal review or re-appraisal, etc.), less any percentage points of the easement value that owners indicated in the application a willingness to donate and less any matching or other funds the holder represents in writing to the department as applicable to the easement purchase.

3. Provided that payment maximums under this subparagraph are followed, the department may offer up to 100 percent of the funds necessary to purchase an easement.

4. Notwithstanding the department’s payment of funds for purchase of an easement, nothing in this chapter may be construed to limit parcel owners’ and easement holders’ right to contract, provided it conforms with requirements of the Act, including but not limited to the manner or schedule by which purchase price funds are distributed to owners and establishment of easement restrictions on the parcel that are more restrictive than required by the program.

(b) Ancillary costs.

1. Eligibility. Other than funds necessary to purchase the easement, only the following items are eligible for funding under the program:

(i) The following documents submitted under contract with the department for enrollment of the easement:

(I) Appraisal;

(II) Boundary survey;

(III) Baseline documentation report detailing current conditions of the parcel prior to recording the easement;

(IV) Subsurface interests remoteness study; and, (V) Title insurance.

(ii) Multi-resource management plan prepared by an accredited forester, if produced within one year prior to application for the program; and, (iii) One-time, upfront stewardship fee payable to the holder for costs associated with maintenance and enforcement of easement restrictions, including but not limited to ongoing monitoring, inspection, enforcement, conservation defense insurance, and legal fees.

2. All ancillary costs are subject to payment only once per item and, except as to calculation of the stewardship fee, only in the amount as reflected on the closing statement for purchase of the easement or upon valid receipt submitted to the department directly by the vendor providing the service.

3. Cost limitations.

(i) The department shall limit the funds available for ancillary costs per application to the lesser of the following:

(I) Total ancillary costs limit established under subparagraph (1)(c) divided by the number of applications selected for funding during the application period, rounded to the nearest dollar; or (II) One-fifteenth of the total ancillary costs limit established under subparagraph (1)(c), rounded to the nearest dollar.

(ii) Provided that payment maximums under this subparagraph are followed, the department may offer up to 100 percent of ancillary costs for easement enrollment.

(iii) The department shall limit payment of stewardship fees to ten percent of the per application ancillary cost limitation established per application period under subpart (i) of this part.

(3) Example.

Inaugural Application Period Funding Breakdown $25M Fund Balance at 50% Disbursement Total Application Period Limits Total Period Funding $12,500,000 Easement Purchases $11,500,000 Ancillary Costs (total) $1,000,000 Per Individual Application Limits # of Selected Applications Easement Purchase Total Ancillary Costs Limit, per Application Stewardship Fee Other Ancillary Costs 1–15 $3,450,000 $66,667 $6,667 $60,000 16 $3,450,000 $62,500 $6,250 $56,250 17 $3,450,000 $58,824 $5,882 $52,942 18 $3,450,000 $55,556 $5,556 $50,000 19 $3,450,000 $52,632 $5,263 $47,369 20 $3,450,000 $50,000 $5,000 $45,000

History

• Authority: T.C.A. §§ 4-3-203 and 43-1-110.
• Administrative History: New rules filed May 8, 2026; effective August 6, 2026.

Tenn. Comp. R. & Regs. 0080-01-04-.07 ONGOING HOLDER REQUIREMENTS

(1) Any holder who owns an easement purchased with program funds will be required to enter renewable contracts with the department for the resulting easement’s inspection, maintenance, and other items, which may include:

(a) Renewal of contract obligations every five years;

(b) Annual proof of active registration with the Tennessee Secretary of State as a charitable organization;

(c) Annual proof of accreditation through the Land Trust Accreditation Commission or proof of existing coverage under a conservation defense insurance policy issued by a captive insurance body authorized to issue policies in this state;

(d) Proof of title insurance for the easement;

(e) Recordkeeping requirements;

(f) Annual requirements for easement monitoring and reporting;

(g) Requirements for enforcement of easement provisions and remedy of violations;

(h) Requirements for notification to the department of any conveyance, extinguishment, or loss of the easement; and (i) Payment to the state of its proportionate value relative to funds received for extinguishment or loss of the easement interest.

(2) Any holder who possesses an easement purchased with program funds but who does not enter into a renewable contract with the department for the easement’s inspection, maintenance, and other items, and any holder who allows ownership transfer of a program easement to a non-holder, shall within 90 days of written notice from the department:

(a) Cause to be conducted a current appraisal of the parcel by a licensed real estate appraiser, as if the parcel were otherwise unencumbered.

(b) Submit to the state payment of its proportionate value for the easement calculated as the amount of funds supplied by the department for purchase of the program easement, divided by the value of parcel before the easement was enrolled, and multiplied by the current appraisal value of the parcel as if it were unencumbered. E.g. if at the time of enrollment the department funded the purchase of an easement at $400,000 on a parcel valued at $500,000, a violation of this rule triggers payment to the state of the proportionate value, and the current appraisal of the parcel is $3,000,000, the last holder under contract relative to the easement shall pay to the department $2,400,000: $400,000/$500,000 = 0.8 x $3,000,000 = $2,400,000.

(c) After the 90-day notice, if a holder has failed to submit the proportionate value for the easement, the department may revoke the holder’s eligibility to receive funding under the program for a period of five years and may collect civil penalties from the holder in the amount of $500 for each day the proportionate value is not paid to the department.

History

• Authority: T.C.A. §§ 4-3-203 and 43-1-110.
• Administrative History: New rules filed May 8, 2026; effective August 6, 2026.

Tenn. Comp. R. & Regs. 0080-01-04-.08 DEED PROVISIONS

(1) The deed of easement conveyed in connection with the purchase of an easement under the program shall incorporate an exhibit containing the following provisions:

(a) A granting clause stating: “NOW, THEREFORE, for ______ dollars and for the reasons given and other good and valuable consideration and in consideration of their mutual covenants, terms, conditions, and restrictions contained herein, the Grantor hereby voluntarily grants and conveys to the Grantee, and the Grantee hereby voluntarily accepts, a perpetual conservation easement in the protected property, which is an immediately vested interest in real property of the nature and character described herein.”

(b) “The primary purpose of this deed is to preserve the protected property for agricultural and forestry use by maintaining its viability and productivity. Non-agricultural and nonforestry uses that significantly impair the current or potential agricultural or forestry uses of the protected property, or that otherwise conflict with this purpose, are prohibited.”

(c) “Except as provided in this paragraph, Grantee shall not sell, transfer, release, or otherwise divest itself of any rights, title, or interests in this deed without the Grantor’s prior consent. If the Grantee dissolves, ceases to exist, or no longer qualifies as a holder under Tenn. Code Ann. § 43-1-110 (2025), the Grantee shall, within 180 days of dissolution, termination, or disqualification, transfer any right, title, and interest in this deed to a third party that at the time of transfer is a qualified easement holder under Tenn. Code Ann. § 43-1-110 (2025), provided the third party expressly agrees to assume the responsibilities imposed on the Grantee by this deed. If transfer of this deed fails to comport with this provision or if the Grantee fails to timely transfer this deed in accordance with this provision, the State of Tennessee may petition a court of competent jurisdiction for transfer of this deed, and the rights and obligations created hereunder, to a qualified easement holder under Tenn. Code Ann. § 43-1-110 (2025) that agrees to assume the obligations imposed on the Grantee by this deed.”

(d) “This deed imposes legal rights and obligations running with the land in perpetuity.

Every provision of this deed that applies to Grantor and Grantee shall also apply to and be binding upon their respective agents, heirs, executors, administrators, assigns, and all other successors as their interests may appear.”

(e) “Grantee and Grantor may amend this deed by an amended deed of easement, provided that an amendment shall not affect this deed’s perpetual duration or conflict with the purposes of Tenn. Code Ann. § 43-1-110 (2025). No amendment shall be effective unless documented in a notarized writing executed by Grantee and Grantor and recorded in the register’s office of the county in which the protected property is located.”

(f) “With reasonable notice to the Grantor, the Grantee and its employees, agents, successors, and assigns, shall have the right to enter the protected property at reasonable times to inspect for compliance with the terms, conditions, and restrictions of this deed.”

(g) “Grantee shall not restrict Grantor’s rights to engage in agriculture or forestry on the protected property, or Grantor’s rights to permit others to engage in agriculture or forestry on the protected property, as agriculture and forestry are defined in Tenn.

Code Ann. §§ 1-3-105 (2023), 11-4-103 (1986), and 43-1-113 (2014), provided that such agricultural or forestry activities conform with applicable federal and state law or

regulation.”

(h) “The terms and provisions of this deed shall be interpreted in accordance with the laws of the State of Tennessee, including Tenn. Code Ann. § 43-1-110 (2025).”

(i) A clause prohibiting use or improvement of the protected property that may irreparably harm the agricultural or forestry use of the property, to include limitation of impervious surfaces on the protected property to no more than five percent of its area, when applied in conformance with Tenn. Code Ann. § 43-1-110 (2025):

“Grantor is prohibited from using or improving the protected property in a manner that irreparably harms the agricultural or forestry use of the property, and impervious surfaces shall not exceed ____ percent of the protected property, when applied in conformance with Tenn. Code Ann. § 43-1-110 (2025), excluding public roads or utilities.”

(j) “On-site energy production is permitted for localized needs of the protected property.

Structures or facilities with a primary purpose for commercial production of energy are prohibited.”

(k) “If the fee and the easement interest in the protected property become vested in the same party the doctrine of merger shall not operate to extinguish this easement. Within 180 days of acquiring ownership of the fee and the easement interest, the Grantee, Grantor, or any successor thereof shall transfer the fee or the easement, but not both, to a third party. The easement interest may be transferred only to a third party that at the time of transfer is a qualified easement holder under Tenn. Code Ann. § 43-1-110 (2025) and expressly agrees to assume the obligations imposed on Grantee by this deed. If the Grantee fails to timely transfer the fee or the easement in accordance with this provision, the State of Tennessee may petition a court of competent jurisdiction for transfer of this deed, and the rights and obligations created hereunder, to a qualified easement holder under Tenn. Code Ann. § 43-1-110 (2025) that agrees to assume the obligations imposed on the Grantee by this deed.”

(l) “In the event of conflicting terms, terms of this exhibit shall supersede any other terms of this deed.”

History

• Authority: T.C.A. §§ 4-3-203 and 43-1-110.
• Administrative History: New rules filed May 8, 2026; effective August 6, 2026.

Tenn. Comp. R. & Regs. 0080-01-04-.09 EASEMENT EXTINGUISHMENT OR LOSS

(1) A conservation easement under the program may be extinguished only pursuant to lawful condemnation or by judicial order applicable under state or federal law.

(2) Payment to department of proportionate value.

(a) If at any time a holder receives payment relative to the extinguishment or loss of an easement interest funded under the program, the holder shall within 90 days of receiving the payment pay to the department its proportionate value of the funds received.

(b) The department’s proportionate value remains constant over time, equal to the amount of funds the department supplied for purchase of the easement relative to the parcel’s appraised value at that time. The department’s proportionate value of funds received is that percentage multiplied by the amount of funds the holder received for extinguishment or loss of the easement interest. E.g. if at the time of enrollment the department funded the purchase of an easement at $400,000 on a parcel valued at $1,000,000, and the easement is later extinguished and the holder receives $2,000,000 for the extinguishment, the holder shall pay to the department $800,000: $400,000/$1,000,000 = 0.4 x $2,000,000 = $800,000.

(3) Nothing in this rule shall apply relative to condemnation payments by the State of Tennessee.

All other condemnation payments, e.g. by cities, counties, other municipalities, federal authorities, and utility districts, etc., shall be subject to this rule.

History

• Authority: T.C.A. §§ 4-3-203 and 43-1-110.
• Administrative History: New rules filed May 8, 2026; effective August 6, 2026.

Chapter 0080-01-05 Public Records Access

Tenn. Comp. R. & Regs. 0080-01-05-.01 PURPOSE

These rules are promulgated to provide economical and efficient access to public records as provided under the Tennessee Public Records Act (“TPRA”) in T.C.A. §§ 10-7-501, et seq.

History

• Authority: T.C.A. §§ 4-3-203(10)(A); 4-5-201, et seq.; 10-7-503; 10-7-504; and 10-7-506.
• Administrative History: Original rule filed June 9, 2010; effective November 28, 2010. Amendments filed January 2, 2019; effective April 2, 2019.

Tenn. Comp. R. & Regs. 0080-01-05-.02 DEFINITIONS

(1) “Public Record” means, all documents, papers, letters, maps, books, photographs, microfilms, electronic data processing files and output, films, sound recordings, or other material, regardless of physical form or characteristics, made or received pursuant to law or ordinance or in connection with the transaction of official business by any governmental agency.

(2) “Public Records Request Coordinator” or coordinator means the individual, including any person acting at the direction of the individual, designated by the commissioner to coordinate responses to public record requests and ensure public record requests are routed to the appropriate records custodian and are fulfilled in accordance with the TPRA.

(3) “Records Custodian” means the office, official or employee directly responsible for the custody and care of a public record. The records custodian is not necessarily the original preparer or receiver of the record.

(4) “Requestor” means a person seeking access to a public record, whether for inspection or duplication.

(5) Tennessee citizenship means having a physical work or residential address within the state.

Post office boxes shall not be considered proof of citizenship under this definition.

History

• Authority: T.C.A. §§ 4-3-203(10)(A); 4-5-201, et seq.; 10-7-503; 10-7-504; and 10-7-506.
• Administrative History: Original rule filed June 9, 2010; effective November 28, 2010. Amendments filed January 2, 2019; effective April 2, 2019.

Tenn. Comp. R. & Regs. 0080-01-05-.03 REQUESTS FOR ACCESS TO RECORDS

(1) Requests may be submitted orally or in writing to any department employee. However, requests are not deemed received by the department until presented to the Public Records Request Coordinator (PRRC). The coordinator’s contact information, including mailing address, telephone number, facsimile number, and email address, shall be made available at the department’s internet website. Direct contact information for the coordinator is:

Tennessee Department of Agriculture, Public Records Request Coordinator, Post Office Box 40627, Nashville, Tennessee 37204, (615) 837-5100.

(2) The department may require that requests for copies of public records be made in writing.

Requests in writing may be submitted in person or by conventional or electronic mail.

(3) Requests to access public records for inspection only are not required in writing. However, the department may require a mailing or e-mail address from the requestor in order to provide any written communication mandated under the TPRA.

(4) A requestor must be either a Tennessee citizen or a representative of a Tennessee citizen, submitting the request on the citizen’s behalf. The department may require proof of Tennessee citizenship by presentation of a valid Tennessee driver’s license or alternative identification deemed acceptable by the PRRC.

(5) Production of public records may be requested in a particular format; however, the PRRC retains discretionary authority over the manner of production. Absent extraordinary circumstances the PRRC will produce public records in the manner deemed most economical and efficient and will not authorize removal of any original record from departmental facilities for copying.

(6) The department may require a reasonable appointment time and location for inspection of public records. Location for inspection of records shall be determined in the sole discretion of the PRRC.

(7) The department may aggregate records requests in accordance with the Frequent and Multiple Request Policy promulgated by the Office of Open Records Counsel.

History

• Authority: T.C.A. §§ 4-3-203(10)(A); 4-5-201, et seq.; 10-7-503; 10-7-504; and 10-7-506.
• Administrative History: Original rule files June 9, 2010; effective November 28, 2010. Amendments filed January 2, 2019; effective April 2, 2019.

Tenn. Comp. R. & Regs. 0080-01-05-.04 RESPONDING TO PUBLIC RECORDS REQUESTS

(1) The PRRC shall review public record requests and make an initial determination that the requestor provided evidence of Tennessee citizenship; that the records requested are described with sufficient specificity to be identified; and, that the department is the custodian of the records.

(2) The PRRC shall respond to the request according to the requirements of the TPRA.

(3) The department shall not charge fees for inspection only of open public records.

(4) If a record contains confidential information or information that is not open for public inspection, the records custodian shall prepare a redacted copy prior to providing access; and, shall provide the requestor with the basis for redaction. The basis given for redaction shall be general in nature and not disclose confidential information.

(5) The following information will be redacted from department records prior to access:

(a) Information that is protected, confidential or privileged pursuant to any state law or

regulation; federal law or regulation; or court order;

(b) Information protected as attorney-client communication or attorney work product; or (c) Any record or information required to be confidential in conjunction with the department’s participation in a federally funded program.

History

• Authority: T.C.A. §§ 4-3-203(10)(A); 4-5-201, et seq.; 8-4-604; 10-7-503; 10-7-504; and 10-7-506.
• Administrative History: Original rule filed June 9, 2010; effective November 28, 2010. Amendments filed January 2, 2019; effective April 2, 2019.

Tenn. Comp. R. & Regs. 0080-01-05-.05 COPIES OF RECORDS

(1) Copies of requested records may be made available for pickup at a location determined by the PRRC. Upon payment for postage, copies will be mailed to the requestor’s address by the United States Postal Service.

(2) Except for the use of a cell phone or handheld camera, a requestor will be not allowed to make copies of records with personal equipment.

History

• Authority: T.C.A. §§ 4-3-203(10)(A); 4-5-201, et seq.; 10-7-503; 10-7-504; and 10-7-506.
• Administrative History: Original rule filed June 9, 2010; effective November 28, 2010. Amendments filed January 2, 2019; effective April 2, 2019.

Tenn. Comp. R. & Regs. 0080-01-05-.06 PAYMENT FOR RECORDS

(1) This chapter shall be interpreted and enforced in accordance with the TPRA and using the current Schedule of Reasonable Charges issued by the Office of Open Records Counsel as a guide.

(2) Prior to copies being made or prior to developing a specific format for the reproduction of records, the PRRC may provide an estimate of copying costs and require payment prior to copies being made or prior to developing a specific format for the reproduction of records.

(3) Payment for the costs of reproducing records shall be made by cash, cashier's check, money order; or, at the department's discretion, personal checks or credit cards. Checks or money orders shall be made payable to the Treasurer, State of Tennessee. Payment for production of records shall be delivered to the PRRC.

History

• Authority: T.C.A. §§ 4-3-203(10)(A); 4-5-201, et seq.; 10-7-503; 10-7-504; and 10-7-506.
• Administrative History: Original rule filed June 9, 2010; effective November 28, 2010. Amendments filed January 2, 2019; effective April 2, 2019.

Tenn. Comp. R. & Regs. 0080-01-05-.07 COPY FEE WAIVERS

(1) The department may waive fees for copies and labor up to $25.00.

(2) The department may provide copies of rules, guidance documents, public reports, etc., at no charge.

(3) The department may waive fees for copies of public records provided to federal, state or local governmental agencies or officials.

(4) The department may waive fees for copies of public records provided to any person that will use the records to perform work or other official business of the department.

(5) No duplication costs will be charged for requests of records of up to 10 pages in length that may be readily copied and delivered to a requester.

History

• Authority: T.C.A. §§ 4-3-203(10)(A); 4-5-201, et seq.; 10-7-503; 10-7-504; and 10-7-506.
• Administrative History: Original rule filed June 9, 2010; effective November 28, 2010. Amendments filed January 2, 2019; effective April 2, 2019.

Chapter 0080-02-01 Health Requirements for Admission and Transportation of Livestock and Poultry

Tenn. Comp. R. & Regs. 0080-02-01-.01 DEFINITIONS

(1) For Purposes of these Rules:

(a) Accredited Veterinarian - An accredited veterinarian shall be as defined in 9 C.F.R. 160.1.

(b) Approved Livestock Market - A stockyard, livestock market, buying station, concentration point, or any other premises under state or federal veterinary supervision where livestock are assembled for sale or sale purposes, and which has been approved by the USDA, or the appropriate state animal health official in accordance with 9 C.F.R. 71.20.

(c) Approved Slaughter Establishment - Any slaughter establishment operating under the provisions of the Federal Meat Inspection Act, 21 U.S.C. 601, et seq.

(d) Breeding Swine - Swine that are used or intended to be used for breeding, including all swine other than feeder swine or slaughter swine.

(e) Brucellosis Suspect - An animal subjected to an official test resulting in a Brucellosis suspect classification or reclassified as a Brucellosis suspect by a designated epidemiologist, as provided in the definition of official test.

(f) Certified Brucellosis-Free Herd - A herd of cattle that has qualified for such status in accordance with 9 C.F.R. 78.1.

(g) Change of Ownership - Ownership changing from one individual or entity to another, either through selling, bartering, trading, or donating to another individual or entity.

(h) Classification of States - The definitions of Class A, Class B, Class C and Class Free states shall be as set forth in 9 C.F.R. 78.1.

(i) Commercial Production Swine - Those swine that are continuously managed and have adequate facilities and practices to prevent exposure to either transitional production or feral swine.

(j) Dairy and Breeding Cattle - Shall include all intact male and female cattle other than feeder cattle or slaughter cattle.

(k) Department - The Tennessee Department of Agriculture.

(l) Domestic Animals - Shall include cattle, bison, horses, mules, asses, sheep, goats, swine, avian species, and all Class III animals as defined by T.C.A. § 70-4-403(3).

(m) Entry Permits - A verbal or written pre-movement authorization for entry of livestock into Tennessee, issued by the Tennessee state veterinarian or his agent.

(n) Exposed Animal (Brucellosis) - Any animal, except a Brucellosis reactor animal, that is

part of a herd known to be affected by, or that has been in contact with, a Brucellosis reactor animal in marketing or other channels for twenty-four (24) hours, or for less than twenty-four (24) hours if such Brucellosis reactor animal has aborted or calved within the past thirty (30) days or has a vaginal discharge.

(o) Farm of Origin (Cattle) - A farm or other premises where the cattle were born or have been kept for not less than four (4) months prior to the date of shipment, and which has not been used within such time to assemble, buy, or sell cattle from other sources.

(p) Farm of Origin (Swine) - The farm on which swine were born or have resided for at least ninety (90) consecutive days immediately prior to shipment, and which has not been used within such time to assemble, buy, or sell swine from other sources.

(q) Feeder Cattle - Cattle which are intended for the sole purpose of feeding or grazing prior to slaughter and are less than eighteen (18) months of age as evidenced by the absence of eruption of the first permanent incisor teeth and are not parturient or post parturient, including steers and spayed heifers of any age.

(r) Feeder Swine - Swine that are less than four (4) months of age and are intended for feeding purposes prior to slaughter.

(s) Feral or Wild Swine - Swine that have lived part (feral) or all (wild) of their lives as freeroaming animals.

(t) Herd - A herd is all animals under common ownership or which have been in physical contact with each other within the preceding twelve (12) months, whether located on one or more premises.

(u) Negative - The designation of an animal as “negative” shall be as determined by a test approved by the USDA for such disease.

(v) Official Backtag - A backtag issued by the USDA that uniquely identifies each animal.

(w) Official Certificate of Veterinary Inspection 1. An official certificate of veterinary inspection is a legible record on a form adopted and approved for such use by the appropriate animal health official of the state of origin, that is prepared by an accredited veterinarian of the state of origin, and that certifies the inspection or examination of the animal(s) described thereon.

Legal requirements shall not be met until an approved copy is forwarded by the appropriate animal health official of the state of origin to the Tennessee state veterinarian.

2. The official certificate of veterinary inspection shall list the names and addresses of the consignor and consignee, the origin of the animals, and the final destination of the animals, if different. It shall include an accurate description sufficient to identify each animal(s), which may include information about the animal’s age, sex, breed, tags, tattoos, and/or brands. It shall include the dates and results of required tests, and the dates of required vaccinations.

3. Certificates of veterinary inspection shall be void after thirty (30) days from the date of inspection. No certificate of veterinary inspection shall be issued except in compliance with all import requirements of the State of Tennessee, unless otherwise specifically authorized by the Tennessee state veterinarian.

4. An Equine Interstate Event Permit (a/k/a an equine passport) is an official document that has been signed by the state veterinarian, the chief animal health officer, or the equivalent, of the state issuing the permit. At minimum, such permits shall include: the owner’s name, complete address and phone number; the official certificate of veterinary inspection number that was the basis for issuing the permit; the date the official certificate of veterinary inspection was issued; a unique permit number issued by the state; the expiration date of the permit; a complete description of the horse, including its name, breed, color, age, and sex; the date of the horse’s last EIA test; the name of the laboratory that performed the test; and the laboratory accession number of the laboratory that performed the test. The Equine Interstate Event Permit shall be valid for six (6) months when accompanied by proof of the official, negative EIA test (VS Form 10-11 or other equivalent document) specified in the Equine Interstate Event Permit. In no instance shall a permit be valid for more than twelve (12) months after the date of a negative EIA test. Equine shall have permanent, individual, animal identification in the form of a unique lip tattoo, brand, electronic implant, or digital photograph, which must be incorporated into the permit. Where digital photography is used for identification, the photograph must include images of the entire left and right sides of the animal, and a front view of the animal, including the head from the ear tips to below the lower lip.

(x) Official Proof of Test - Any documentation approved by state and federal animal health officials that bears a permanent individual identification of an animal and certification by an accredited veterinarian or regulatory animal health employee that the animal has been tested for a particular disease.

(y) Official Seal - A serially numbered metal or plastic strip that is self-locking and cannot be reused if opened, and which is applied by a representative of the USDA, or state veterinarian.

(z) Official Test - Official tests for specifically named diseases as referred to herein shall be such tests as are recognized as official by the appropriate animal health official of the state of origin and the USDA. The date of the test shall be the date the sample is taken from the animal.

(aa) Official Vaccinate - Any animal vaccinated and identified in accordance with 9 C.F.R. 78.1 and 85.1.

(bb) Parturient - Visibly pregnant; commonly referred to as “springing”.

(cc) Person - An individual, corporation, association, partnership, or other legal entity.

(dd) Pet Swine - Non-commercial swine, including, but not limited to, those kept as pets, rescued, kept in collections or menageries, or used in displays, petting zoos or attractions at fairs or exhibitions.

(ee) Post Parturient - Having already given birth.

(ff) Pseudorabies-monitored Feeder Pig Herd - A swine breeding herd, of which the breeding animals over six (6) months of age have tested negative on an official Pseudorabies test according to the criteria below. Such test shall be conducted at least once a year, but may be required more frequently as ordered by the state veterinarian. 1-10 sows test all 11-35 sows test 10 36 or more test 30% or 30 head, whichever is less (gg) Qualified Pseudorabies Negative Herd - A herd of swine that has qualified for such status in accordance with 9 C.F.R. 85.1.

(hh) Quarantined Feedlot - A confined area as set forth by 9 C.F.R. 78.1 and 85.1.

(ii) Reactor - Any animal that is subjected to an official test and found positive.

(jj) Shipping Permit - Shall mean a VS Form 1-27 or other document defined as a “permit” in 9 C.F.R. that is required to accompany livestock when movement is restricted.

(kk) Slaughter Cattle - Any cattle shipped directly to an approved slaughter establishment for slaughter within five (5) days. The designation of cattle as slaughter cattle is determined solely by the fact that such animals are consigned and shipped directly to an approved slaughter establishment, not by the origin, type, condition, health, or any other characteristic of such animals.

(ll) Slaughter Swine - Swine of any age, breed, or sex, which have been consigned and transported directly to an approved slaughter establishment for slaughter within five (5) days, or to an approved swine market for sale to a slaughter establishment.

(mm) Sporting Swine - Swine that are intended to be used solely for hunting.

(nn) Test-Eligible Cattle - All cattle, with the exception of steers and spayed heifers, that are eighteen (18) months of age or older as evidenced by the eruption of the first permanent incisor teeth, regardless of vaccination status; and all female cattle that are parturient or post-parturient, regardless of vaccination status and age.

(oo) Transitional Production Swine - Swine that have had reasonable opportunities to be exposed to feral or wild swine.

(pp) Transportation Document - Any document that accompanies a shipment of animals, including, but not limited to, a certificate of veterinary inspection, waybill, bill-of-sale, bill-of-lading, cargo manifest, shipping permit or an invoice that lists:

1. The point from which the animals are moved;

2. The destination of the animals;

3. The number and kind of animals covered by the document; and 4. The name and address of the owner or shipper.

(qq) USDA - The United States Department of Agriculture.

(rr) Validated Brucellosis-Free Herd (Swine) - A swine herd that has qualified for such status in accordance with 9 C.F.R. 78.1.

History

• Authority: T.C.A. §§ 4-3-203 and 44-2-102.
• Administrative History: Original rule certified June 4, 1974. Repeal by Public Chapter 261. New rule filed June 20, 1983; effective July 20, 1983. Amendment filed November 1, 1986; effective December 25, 1986. Amendment filed December 15, 1989; effective January 29, 1990. Amendment filed February 20, 2002; effective June 28, 2002. Amendment filed November 16, 2005; effective March 30, 2006. Amendment filed June 3, 2010; effective November 28, 2010. Emergency rule filed April 20, 2011; effective through October 17, 2011. Emergency rule filed April 20, 2011 expired effective October 18, 2011; rule reverted to its previous status. Amendments filed June 10, 2019; effective September 8, 2019.

Tenn. Comp. R. & Regs. 0080-02-01-.02 GENERAL REQUIREMENTS AND LIMITATIONS

(1) All domestic animals imported into Tennessee, except poultry and those animals expressly exempted herein, shall be accompanied by an official certificate of veterinary inspection or other transportation document recognized by the state veterinarian. The certificate of veterinary inspection or other recognized travel document shall be in possession of the driver of the vehicle transporting such animals.

(2)

Domestic animals entering Tennessee without an official certificate of veterinary inspection or otherwise entering the state in violation of these rules shall be held in quarantine at the owner’s risk and expense until released or disposed of as ordered by the state veterinarian.

(3) All animals entering Tennessee shall meet the requirements for interstate movement set out in 9 C.F.R., in addition to the specific requirements set forth herein.

(4) No animal, including poultry and birds of any species, that is affected by or has been exposed to any infectious, contagious, or communicable disease, or that originated from a quarantined area, shall be transported or moved into Tennessee; except as allowed herein or permitted by the state veterinarian.

History

• Authority: T.C.A. §§ 4-3-203 and 44-2-102.
• Administrative History: Original rule certified June 4, 1974. Repeal by Public Chapter 261. New rule filed June 20, 1983; effective July 20, 1983. Amendment filed November 16, 2005; effective March 30, 2006. Amendment filed June 3, 2010; effective November 28, 2010.

Tenn. Comp. R. & Regs. 0080-02-01-.04 ENTRY PERMITS

(1) Requests for entry permits, where required by these rules, shall be directed to the Tennessee Department of Agriculture, Division of Regulatory Services - Animal Health, P.O. Box 40627, Nashville, Tennessee 37204, and shall set forth the species, number, age, sex, and breed of the animals; the consignee and consignor; the origin and destination of the animals; and the purpose of the shipment.

(2) Such entry permits shall be valid for no more than thirty (30) days from issuance and shall apply only to the shipment for which the permit was requested.

(3) The entry permit number shall be recorded on the official certificate of veterinary inspection that accompanies the shipment.

History

• Authority: T.C.A. §§ 4-3-203 and 44-2-102.
• Administrative History: Original rule certified June 4, 1974. Repeal by Public Chapter 261. New rule filed June 20, 1983; effective July 20, 1983. Amendment filed June 3, 2010; effective November 28, 2010.

Tenn. Comp. R. & Regs. 0080-02-01-.06 HORSES AND OTHER EQUIDAE

(1) Certificate of Veterinary Inspection - Horses, mules or other Equidae transported into or through Tennessee shall be accompanied by an official certificate of veterinary inspection or Equine Interstate Event Permit (a/k/a an equine passport). Owners or transporters of Equine accompanied by Equine Interstate Event Permits must have an accurate event itinerary in their possession for each Equine movement.

(2) Equine Infectious Anemia - Each horse or other member of the Equidae family, except foals less than six (6) months of age in the company of their EIA-negative dam(s), shall be accompanied by evidence that it has tested negative on an official test for Equine Infectious Anemia (EIA) conducted not more than twelve (12) months prior to entering the state.

(3) Equidae that have been consigned to an approved livestock market sale may enter Tennessee without evidence that each individual animal has tested negative on an official test for Equine Infectious Anemia (EIA) conducted not more than twelve (12) months prior to entering the state for such sale, provided they are shipped directly to such market with a transportation document.

(4) The certificate of veterinary inspection requirement under (1) may be waived for equine that are shipped directly to an approved livestock market sale or slaughter establishment, provided they are accompanied by a transportation document.

History

• Authority: T.C.A. §§ 4-3-203 and 44-2-102.
• Administrative History: Original rule certified June 5, 1974. Amendment filed May 15, 1974; effective June 14, 1977. Repeal by Public Chapter 261. New rule filed June 20, 1983; effective July 20, 1983. Amendment filed December 15, 1989; effective January 29, 1990. Amendment filed February 20, 2002; effective June 28, 2002. Amendment filed November 16, 2005; effective March 30, 2006. Amendment filed June 3, 2010; effective November 28, 2010.

Tenn. Comp. R. & Regs. 0080-02-01-.07 SWINE

(1) Commercial Production Swine (a) Breeding and Feeder Swine 1. Breeding and feeder swine transported into or through the state of Tennessee shall be individually identified to the farm of origin by an official coded metal ear tag or other official means as set forth in 9 C.F.R. 71; and 2. Except by permission of the state veterinarian, be accompanied by an official certificate of veterinary inspection.

(b) Additional Requirements for Breeding Swine 1. Brucellosis (i) Breeding Swine transported into or through the state of Tennessee shall:

(I) Be accompanied by proof that such swine tested negative on an official test for Brucellosis conducted not more than thirty (30) days prior to entering the state; or (II) Have originated directly from a Validated Brucellosis-Free Herd and have a certificate of veterinary inspection listing the herd validation number; or (III) Have originated directly from a Validated Brucellosis-Free State.

2. Pseudorabies (i) Breeding Swine transported into or through the state of Tennessee shall:

(I) Be accompanied by proof that such swine tested negative on an official test for Pseudorabies conducted not more than thirty (30) days prior to entering the state, and by proof that such swine originated from a herd not known to be infected with Pseudorabies during the twelve (12) month period immediately preceding the entry of such swine; or (II) Have originated directly from a Qualified Pseudorabies-Negative Herd and have a certificate of veterinary inspection identifying such herd; or (III) Have originated directly from a herd in a Pseudorabies Stage IV or Stage V State.

3. Post-Entry Testing for Brucellosis and Pseudorabies (i) Breeding swine are subject to surveillance testing for Brucellosis and Pseudorabies within sixty (60) days after entering the state, at the discretion of the state veterinarian.

(c) Additional Requirements for Feeder Swine 1. Feeder swine imported into Tennessee shall be identified in accordance with 9 C.F.R. 71.19.

2. Pseudorabies (i) Feeder swine transported into or through the state of Tennessee shall:

(I) Have tested negative for Pseudorabies not more than thirty (30) days prior to entering the state; or (II) Have originated from a Pseudorabies-Monitored Feeder Pig Herd; or (III) Have originated from a Qualified Pseudorabies-Negative Herd; or (IV) Have originated from a Pseudorabies Stage III, IV, or V state.

(d) Commercial Production Swine for Exhibition - Import requirements for commercial production swine that have been brought into Tennessee for exhibition purposes are the same as those for breeding swine, except that:

1. Barrows are exempt from Brucellosis testing.

2. Swine that have been entered in events where all swine on the premises will be consigned to slaughter upon leaving the event are exempt from Brucellosis and Pseudorabies testing.

(2) Slaughter Swine (a) Slaughter swine transported into or through the state of Tennessee shall be accompanied by a transportation document, except that this requirement shall not apply to such swine moved directly from the farm of origin by the producer or his agent.

(b) No slaughter swine shall be imported from any area where swine are under a state or federal quarantine except by the permission of the Tennessee state veterinarian.

(3) Transitional Production Swine (a) Prior to entering the state, Transitional Production Swine shall:

1. Have an entry permit from the Tennessee state veterinarian’s office;

2. Be accompanied by an official certificate of veterinary inspection;

3. Bear official, individual identification as set forth in 9 C.F.R. 71; and (i) Have evidence that such swine tested negative on official tests for Pseudorabies and Brucellosis conducted within thirty (30) days prior to entering the state; or (ii) Have originated from a Validated Brucellosis-Free and Qualified Pseudorabies-Negative herd that has maintained such statuses through testing;

(b) Upon order of the state veterinarian, transitional production swine shall be quarantined at the swine’s destination and retested within thirty to sixty (30-60) days of entering the state.

(4) Sporting Swine (a) Except by permission of the state veterinarian, prior to entering the state, sporting swine shall:

1. Have an entry permit from the Tennessee state veterinarian’s office;

2. Be accompanied by an official certificate of veterinary inspection;

3. Bear official, individual identification as set forth in 9 C.F.R. 71; and (i) Have proof that such swine tested negative on official tests for Pseudorabies and Brucellosis conducted within thirty (30) days prior to entering the state; or (ii) Have originated from a Validated Brucellosis-Free and Qualified Pseudorabies-Negative herd that has maintained such statuses through testing;

(b) Upon order of the state veterinarian, sporting swine shall be quarantined at the swine’s destination and retested within sixty (60) days of entering the state.

(5) Pet Swine (a) Except by permission of the state veterinarian, prior to entering the state, Pet Swine shall:

1. Have an entry permit from the Tennessee state veterinarian’s office;

2. Be accompanied by an official certificate of veterinary inspection;

3. Bear official, individual identification as set forth in 9 C.F.R. 71; and (i) Have evidence of negative Pseudorabies and Brucellosis tests taken within thirty (30) days prior to entering the state; or (ii) Have originated from a Validated Brucellosis-Free and Qualified Pseudorabies-Negative herd that has maintained such statuses through testing;

(b) Upon order of the state veterinarian, pet swine shall be quarantined at the swine’s destination and retested within sixty (60) days of entering the state.

(6) Wild appearing swine.

(a) Wild appearing swine means swine that in their adult stage are typically two to three feet in height and three and one-half to five feet in length, with some or all of the following characteristics in comparison to domestic swine:

1. Larger heads;

2. Smaller, more pointed, and more heavily furred ears;

3. Heavier shoulders and smaller hips, producing a silhouette similar to that of an American bison;

4. Longer, thinner snouts;

5. Straighter tails more tufted at the tip;

6. Upper tusks that curl up and out, rubbing a knifelike edge against the lower tusks.

(b) Import. Any person in possession of wild appearing swine being imported into the state shall, prior to import, identify each animal with USDA-approved metal tags or other identification approved by the state veterinarian and have in their possession the following for each animal:

1. A certificate of veterinary inspection from a USDA accredited veterinarian; and, 2. Proof of negative testing for Pseudorabies and Brucellosis, conducted within 30 days prior to the animal’s import or proof that the animal originated from a herd that is both Validated Brucellosis-Free, as considered under 9 C.F.R. § 78.1, and Qualified Pseudorabies-Negative, as considered under 9 C.F.R. § 85.1;

(c) Movement. Any person in possession of wild appearing swine being moved within the state shall, prior to movement, identify each animal with USDA-approved metal tags or other identification approved by the state veterinarian and have in their possession at least one of the following for each animal:

1. A certificate of veterinary inspection from a USDA accredited veterinarian;

2. Proof of negative testing for Pseudorabies and Brucellosis, conducted within 90 days prior to the animals’ movement within the state;

3. Proof that the animal originated from a herd that is both Validated Brucellosis- Free, as considered under 9 C.F.R. § 78.1, and Qualified Pseudorabies- Negative, as considered under 9 C.F.R. § 85.1; or, 4. Movement authorization from the state veterinarian’s office, issued in the discretion of the department for movement of the animals to a slaughter facility or market.

(d) Exemptions. This rule shall not apply to any wild appearing swine if the entire lot of swine is consigned directly to slaughter or immediately for sale at an approved livestock market, provided that each swine is identified with USDA-approved metal tags or other identification approved by the state veterinarian.

(7) General Disease Requirements - Except by permission of the Tennessee state veterinarian, no swine shall be imported from any state where foreign swine diseases are known to exist, or where any portion of a state of origin is under state or federal quarantine for any disease.

History

• Authority: T.C.A. §§ 4-3-203 and 44-2-102.
• Administrative History: Original rule certified June 4, 1974. Repeal by Public Chapter 261. New rule filed June 20, 1983; effective July 20, 1983. Amendment filed November 1, 1986; effective December 25, 1986. Amendment filed September 14, 1999; effective January 28, 2000. Emergency rule filed September 2, 2009; effective through March 1, 2010. Emergency rule filed September 2, 2009 expired; rule reverted to its previous status effective March 2, 2010. Amendment filed June 3, 2010; effective November 28, 2010. Amendments filed March 30, 2017; effective June 28, 2017.

Tenn. Comp. R. & Regs. 0080-02-01-.08 SHEEP

(1) Import. Any person in possession of sheep being imported into the state shall, prior to import:

(a) Permanently and individually identify the sheep by a method approved under 9 C.F.R.

Parts 54 and 79 such that the animal may be traced to its flock of origin;

(b) Have in his possession an official certificate of veterinary inspection (CVI) for the sheep. However, no CVI shall be required for any sheep if its entire imported lot is consigned directly to slaughter; and, (c) Comply with 0080-02-01-.02.

(2) Movement. Any person in possession of sheep being moved within the state shall, prior to movement:

(a) Permanently and individually identify the sheep by a method approved under 9 C.F.R.

Parts 54 and 79 such that the animal may be traced to its flock of origin; and, (b) Comply with 0080-02-01-.02.

History

• Authority: T.C.A. §§ 4-3-203 and 44-2-102.
• Administrative History: Original rule certified June 4, 1974. Repeal by Public Chapter 261. New rule filed June 20, 1983; effective July 20, 1983. Emergency rules filed August 30, 2006; effective through February 11, 2007. Amendment filed August 30, 2006; effective December 29, 2006. Amendment filed June 3, 2010; effective November 28, 2010. Amendments filed March 30, 2017; effective June 28, 2017.

Tenn. Comp. R. & Regs. 0080-02-01-.09 GOATS

(1) Import. Any person in possession of a goat being imported into the state shall, prior to import:

(a) Permanently and individually identify the goat by a method approved under 9 C.F.R.

Parts 54 and 79 such that the animal may be traced to its flock of origin;

(b) Have in his possession an official certificate of veterinary inspection (CVI) for the goat.

However, no CVI shall be required for any goat if its entire imported lot is consigned directly to slaughter; and, (c) Comply with 0080-02-01-.02.

(2) Movement. Any person in possession of a goat being moved within the state shall, prior to movement:

(a) Permanently and individually identify the goat by a method approved under 9 C.F.R.

Parts 54 and 79 such that the animal may be traced to its flock of origin; and, (b) Comply with 0080-02-01-.02.

History

• Authority: T.C.A. §§ 4-3-203 and 44-2-102.
• Administrative History: Original rule certified June 5, 1974. Amendment filed April 18, 1979; effective June 4, 1979. Repeal by Public Chapter 261. New rule filed June 20, 1983; effective July 20. 1983. Amendment filed September 14, 1999; effective January 28, 2000. Emergency rule filed August 30, 2006; expire on February 11, 2007. Amendment filed August 30, 2006; effective December 29, 2006. Amendment filed June 3, 2010; effective November 28, 2010. Amendments filed March 30, 2017; effective June 28, 2017.

Tenn. Comp. R. & Regs. 0080-02-01-.10 POULTRY

(1) Poultry. Any person who possesses poultry being imported into the state shall have in his possession the following proof of the poultry’s apparent good health.

(a) NPIP flocks of origin. All live poultry entering the state from a flock of origin participating in the National Poultry Improvement Plan (NPIP) shall be accompanied by a VS 9-3 Form classifying the flock of origin as Pullorum-Typhoid Clean and either Avian Influenza Clean or Avian Influenza Monitored Flock.

(b) Non-NPIP flocks of origin. All live poultry entering the state from a flock of origin not participating in NPIP shall be accompanied by a certificate of veterinary inspection and proof of negative testing for Pullorum-Typhoid and Avian Influenza last conducted on the imported birds. The Pullorum-Typhoid testing shall have been conducted within 90 days prior to import of the poultry. The Avian Influenza testing shall have been conducted by negative antigen detection or serological test within 21 days prior to import of the poultry.

(2) Hatching eggs. Any person who possesses hatching eggs being imported into the state shall have in his possession the following proof of the eggs’ apparent good health.

(a) NPIP flocks of origin. All hatching eggs entering the state from a flock of origin participating in the National Poultry Improvement Plan (NPIP) shall be accompanied by a VS 9-3 Form classifying the flock of origin as Pullorum-Typhoid Clean and either Avian Influenza Clean or Avian Influenza Monitored Flock.

(b) Non-NPIP flocks of origin. All hatching eggs entering the state from a flock of origin not participating in NPIP shall be accompanied by a certificate of veterinary inspection and proof of negative testing for Pullorum-Typhoid and Avian Influenza. The Pullorum- Typhoid testing shall have been conducted on all birds in the flock of origin within 90 days prior to import of the eggs. The Avian Influenza testing shall have been conducted by negative antigen detection or serological test on the lesser of all birds in the flock or 30 birds of the flock, within 21 days prior to the eggs’ import.

(3) Import requirements under this rule shall not apply to any poultry or hatching eggs if their entire imported lot is consigned directly to slaughter.

History

• Authority: T.C.A. §§ 4-3-203 and 44-2-102.
• Administrative History: Original rule certified June 5, 1974. Amendment filed April 18, 1979; effective June 4, 1979. Repeal by Public Chapter 261. New rule filed June 20, 1983; effective July 20, 1983. Amendment filed June 3, 2010; effective November 28, 2010. Amendments filed March 30, 2017; effective June 28, 2017.

Tenn. Comp. R. & Regs. 0080-02-01-.03 DUTIES OF COMMON CARRIERS AND OTHER HAULERS OF DOMESTIC

ANIMALS.

(1) Owners and operators of common carriers and private conveyances shall be forbidden to transport or otherwise move any domestic animal into, within, or through the State of Tennessee except in compliance with the provisions set forth in these regulations.

(2) All common carriers and private conveyances transporting domestic animals into, within, or through the State of Tennessee shall be subject to inspection and may be stopped by any agent or employee of the department or any other law enforcement officer commissioned in the State of Tennessee, to make an investigation to determine compliance with the provisions set forth in these rules.

(3) All railway cars, trucks and other conveyances used for the transportation of domestic animals and poultry shall be maintained in a sanitary condition.

(4) Owners and operators of conveyances that have been used to transport domestic animals infected with or exposed to infectious, contagious or communicable diseases shall have such conveyances thoroughly cleaned and disinfected upon order of the Tennessee State Veterinarian or his agent.

History

• Authority: T.C.A. §§ 4-3-203 and 44-2-102.
• Administrative History: Original rule certified June 4, 1974. Repeal by Public Chapter 261. New rule filed June 20, 1983; effective July 20, 1983.

Tenn. Comp. R. & Regs. 0080-02-01-.05 .

(2) Cervidae.

(a) Definitions.

1. Certified status herd means a cervidae herd enrolled in a CWD surveillance program for a period of five years during which time no evidence of CWD or trace back or trace forward concerns were identified for the herd by a state or federal animal health control official. Certified status is contingent on continued compliance with annual inspections and CWD surveillance program standards;

2. CWD means Chronic Wasting Disease, a transmissible spongiform encephalopathy in cervidae that causes weight loss and death in infected animals;

3. CWD surveillance program means a program approved by a state or federal animal health official for monitoring and control of CWD;

4. CWD susceptible cervidae means any member of a species identified under United States Department of Agriculture (USDA) CWD Program Standards, as they may be amended from time to time and published by USDA, Animal and Plant Health Inspection Service, Veterinary Services; and 5. Move, ship, transport, or similar words mean to relocate in any manner an item from one real property to another.

(b) Import.

1. A person shall not import cervidae from an origin within 50 miles of a location where CWD has been detected by a state or federal animal health control official.

2. A person shall not import cervidae unless the animals are identified by two forms of identification, one of which must be USDA official identification.

3. Any person who imports cervidae shall have in his possession:

(i) Proof showing each cervid is negative for tuberculosis, by either:

(I) One USDA-approved tuberculosis test within 90 days prior to import, and proof the cervid originated from a herd that tested negative on a whole herd test for tuberculosis within 12 months prior to import; or (II) Two USDA-approved tuberculosis tests conducted at least 90 days apart and the second of which was conducted within 90 days prior to import.

(ii) A completed certificate of veterinary inspection (CVI);

(iii) An entry permit obtained by the veterinarian who issued the CVI for the cervidae; and (iv) Proof that any CWD susceptible cervid originated from a certified status herd.

(c) In-state movement.

1. For movement of any CWD susceptible cervidae from a county where any portion of the county lies within ten miles of a location where CWD has been detected by a state or federal animal health control official, a person must prior to the movement receive written authorization from the state veterinarian’s office.

The state veterinarian’s office may authorize or deny movement of cervidae based on their likelihood to spread CWD within the state, as assessed on various factors, e.g. seclusion from CWD detected areas by barrier or distance, herd testing, or the existence of CWD in the region, etc.

2. A person shall not move CWD susceptible cervidae unless the animals are identified by two forms of identification, one of which must be USDA official identification.

3. A person shall not move non-CWD susceptible cervidae to a livestock market unless the animals are identified by two forms of identification, one of which must be USDA official identification.

(d) CWD susceptible herd maintenance.

1. Any person who holds CWD susceptible cervidae within the state must:

(i) Annually report to the department on or before July 1 of each year the herd inventory, including location, number, and species of cervidae;

(ii) Immediately report to the department any cervid illness or death within 24 hours of discovery; and (iii) Make the carcass of any dead cervid available to the department for testing ordered by the state veterinarian.

History

• Authority: T.C.A. §§ 4-3-203 and 44-2-102.
• Administrative History: Original rule certified June 5, 1974. Amendment filed April 18, 1979; effective June 4, 1979. Repeal by Public Chapter 261. New rule filed June 20, 1983; effective July 20, 1983. Amendment filed April 30, 1993; effective July 28, 1993. Amendment filed September 14, 1999; effective January 28, 2000. Amendment filed June 28, 2002; effective October 28, 2002. Amendment filed June 3, 2010; effective November 28, 2010. Amendments filed March 30, 2017; effective June 28, 2017. Emergency rule filed December 21, 2018; effective through June 15, 2019. Emergency rule expired effective June 16, 2019, and the rule reverted back to its previous status. Amendments filed January 2, 2020; effective April 1, 2020.

Tenn. Comp. R. & Regs. 0080-02-01-.11 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 44-2-102.
• Administrative History: Original rule certified June 5, 1974. Amendment filed April 18, 1979; effective June 4, 1979. Repeal by Public Chapter 261. New rule filed June 20, 1983; effective July 20, 1983. Amendment filed June 3, 2010; effective November 28, 2010. Repeal filed June 10, 2019; effective September 8, 2019.

Tenn. Comp. R. & Regs. 0080-02-01-.12 BISON AND CERVIDAE

(1) Bison. Import and movement of bison shall comply with all requirements for cattle under

Tenn. Comp. R. & Regs. 0080-02-01-.13 NATIVE WILDLIFE AND OTHER WILD ANIMALS

Consult Tennessee Wildlife Resources Agency, Chief of Game Management, P.O. Box 40747, Melrose Station, Nashville, Tennessee 37204, for import requirements.

History

• Authority: T.C.A. §§ 4-2-203 and 44-2-102.
• Administrative History: Original rule certified June 5, 1974. Amendment filed April 18, 1979; effective June 4, 1979. Repeal by Public Chapter 261. New rule filed June 20, 1983; effective July 20, 1983.

Tenn. Comp. R. & Regs. 0080-02-01-.14 OTHER ANIMAL SPECIES NOT NAMED

Domestic animal species not named herein shall be tested as ordered by the Tennessee state veterinarian. A certificate of veterinary inspection is required before entering the state.

History

• Authority: T.C.A. §§ 4-3-203 and 44-2-102.
• Administrative History: Original rule filed June 20, 1983; effective July 20, 1983.

Tenn. Comp. R. & Regs. 0080-02-01-.15 VIOLATION OF RULES

(1) Any person who violates the provisions of this chapter is subject to prosecution as provided by law.

(2) Livestock that have entered Tennessee in violation of this chapter shall be quarantined at a stockyard or other premises having suitable facilities to handle livestock, or shipped to their Tennessee destination, where they shall remain under quarantine until released by the state veterinarian. Prior to the livestock’s release, the owner of such livestock or his agent shall:

(a) Have such livestock inspected by an accredited veterinarian and have such tests conducted as may be required to comply with these rules;

HEALTH REQUIREMENTS FOR ADMISSION AND CHAPTER-0080-02-01

TRANSPORTATION OF LIVESTOCK AND POULTRY

(b) Provide proof of prior compliance with these rules, as determined by the state veterinarian or his agent;

(c) Consign such livestock to be shipped directly to slaughter; or (d) Return such livestock to the state of origin with permission from the appropriate animal health official of the state of origin, and under such restrictions as determined by the animal health officials of both Tennessee and the state of origin.

(3) All expenses and costs for damages, feed, water, tests, and veterinary inspections shall be the responsibility of the owner of such livestock. Livestock owners who elect to consign livestock to slaughter under (c) above will not be indemnified for the loss of such animals by the State of Tennessee.

History

• Authority: T.C.A. §§ 4-3-203 and 44-2-102.
• Administrative History: Original rule filed June 20, 1983; effective July 20, 1983. Amendment filed June 3, 2010; effective November 28, 2010.

Tenn. Comp. R. & Regs. 0080-02-01-.16 REFERENCES TO RULES AND REGULATIONS OF OTHER JURISDICTIONS

All references to rules and regulations of other jurisdictions, including the Code of Federal Regulations, include all cited material that may be contained in the rules on the effective date of these rules and any future amendments as may occur from time to time.

History

• Authority: T.C.A. §§ 4-3-203 and 44-2-102.
• Administrative History: Original rule filed June 20, 1983; effective July 20, 1983.

Tenn. Comp. R. & Regs. 0080-02-01-.17 VESICULAR STOMATITIS

(1) No horses, cattle, bison, swine, sheep, goats, cervidae or other susceptible species as determined by the state veterinarian may enter Tennessee from a premises or area that has been quarantined for vesicular stomatitis.

(2) Horses, cattle, bison, swine, sheep, goats, cervidae or other susceptible species as determined by the state veterinarian may enter Tennessee from non-quarantined areas of an affected state, provided they are accompanied by a certificate of veterinary inspection issued within 72 hours of entering the state, with the following statement written by the accredited veterinarian on the certificate: “The animals represented on this health certificate have not originated from a premises or area under quarantine for vesicular stomatitis and are not exhibiting clinical signs of the virus.”

History

• Authority: T.C.A. §§ 4-3-203 and 44-2-102.
• Administrative History: Emergency rule filed July 25, 2005; effective through January 6, 2006. Emergency rule expired on January 6, 2006; rule reverted to reserved status on January 7, 2006. Emergency rule filed June 30, 2009; effective through December 12, 2009. Emergency rule filed June 30, 2009 expired; on December 13, 2009, the rule reverted to its reserved status. Amendment filed June 3, 2010; effective November 28, 2010. Amendments filed March 23, 2021; effective June 21, 2021.

Tenn. Comp. R. & Regs. 0080-02-01-.18 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 44-2-102.
• Administrative History: Emergency rule filed April 20, 2011; effective through October 17, 2011. Emergency rule filed April 20, 2011 expired October 18, 2011; rule reverted to reserved status. New rule filed March 30, 2017; effective June 28, 2017. Repeal filed June 10, 2019; effective September 8, 2019. HEALTH REQUIREMENTS FOR ADMISSION AND CHAPTER-0080-02-01 TRANSPORTATION OF LIVESTOCK AND POULTRY

Tenn. Comp. R. & Regs. 0080-02-01-.19 RESERVED

History

• Authority: T.C.A. §§ 4-3-203 and 44-2-102.
• Administrative History: Emergency rule filed April 20, 2011; effective through October 17, 2011. Emergency rule filed April 20, 2011 expired October 18, 2011; rule reverted to reserved status.

Chapter 0080-02-02 Regulations Regarding Tennessee Poultry Hatchery and Baby

Tenn. Comp. R. & Regs. 0080-02-02-.01 GENERAL

(1)Any hatchery in the State of Tennessee shall:

(a)Have its premises, including equipment, inspected and approved at least twice yearly by a representative of the Tennessee Department of Agriculture.

(b)Maintain adequate sanitation, cleaning, and fumigation to prevent the propagation and spread of disease.

(c)Maintain pullorum and typhoid free status of all flocks producing eggs for hatching by: 1.Initial blood testing of all poultry six-months of age or older. 2.Annual testing of at least twenty-five per cent (25%) of all poultry six-months of age or older. 3.Proper disposition of poultry reacting to the pullorum-typhoid test and retesting as recommended by the Tennessee Department of Agriculture.

(d)Pay all reasonable fees for inspection and testing as assessed by the Tennessee Department of Agriculture, or (2)In lieu of (1) above, participate fully and adequately in the National Poultry Improvement Plan, as administered by the Tennessee Poultry Improvement Board under the authority of and in cooperation with the Tennessee Department of Agriculture.

History

• Authority: T.C.A. §§44-2-1302, 44-16-101 and 4-3-203.
• Administrative History: Original rule certified June 5, 1974.

Chapter 0080-02-03 Rules and Regulations Governing Movement and Handling of Livestockat Fairs and Exhibits

Tenn. Comp. R. & Regs. 0080-02-03-.01 GENERAL

(1) Livestock entering fairs and exhibitions shall comply with the following, as applicable:

(a) Livestock entering fairs and exhibitions from within Tennessee shall be accompanied by an official certificate of veterinary inspection with official, permanent, individual identification or sufficient description to identify each animal. Certificates for this

purpose shall be valid for ninety (90) days from the date of inspection for in-state animals.

(b) Imported livestock entering fairs and exhibitions, including poultry, shall be subject to the Tennessee import requirements found in Chapter 0080-02-01. Official certificates of veterinary inspection for imported animals are valid for thirty (30) days from date of issuance.

(2) All stalls, pens, chutes, etc., located on the grounds of fairs and exhibitions shall be thoroughly cleaned and disinfected with a disinfectant approved by USDA - APHIS between each scheduled exhibition.

(3) Animals showing clinical signs of an infectious or communicable disease shall not be allowed to enter or remain on the premises of fairs and exhibitions. It shall be the responsibility of the manager of such fairs and exhibitions to ensure that such animals are promptly removed from the premises.

(4) Fair association and exhibition management shall be responsible for ensuring that each animal entered is accompanied by the documentation required by this chapter.

History

• Authority: T.C.A. §§4-3-203 and 44-2-102.
• Administrative History: Original Rule certified June 5, 1974. Amendment filed September 22, 1976; effective October 22, 1976. Amendment filed August 29, 1978; effective October 13, 1978. Amendment filed August 11, 1982; effective November 15, 1982. Repeal and new rule filed November 16, 2005; effective March 30, 2006. Repeal and new rule filed June 3, 2010; effective November 28, 2010.

Tenn. Comp. R. & Regs. 0080-02-03-.02 DEFINITIONS

(1) For purposes of these rules, the definitions set forth in Rule 0080-02-01-.01 of the published rules of the Department of Agriculture shall apply unless otherwise indicated herein.

History

• Authority: T.C.A. §§4-3-203 and 44-2-102.
• Administrative History: Original rule citified June 5, 1974. Amendment filed August 29, 1978; effective October 13, 1978. Amendment filed August 11, 1982; effective November 15, 1982. Amendment filed September 17, 1998; effective January 28, 1999. Repeal and new rule filed November 16, 2005; effective March 30, 2006. Repeal and new rule filed June 3, 2010; effective November 28, 2010.

Tenn. Comp. R. & Regs. 0080-02-03-.03 CATTLE

(1) Cattle entering fairs and exhibitions from within Tennessee shall be accompanied by an official certificate of veterinary inspection with official, permanent, individual identification or sufficient description to identify each animal.

History

• Authority: T.C.A. §§4-3-203 and 44-2-102.
• Administrative History: Original rule certified June 5, 1974. Amendment filed September 22, 1976; effective October 22, 1976. Amendment filed August 29, 1978; effective October 13, 1978. Amendment filed August 11, 1982; effective November 15, 1982. Repeal and new rule filed November 16, 2005; effective March 30, 2006. Repeal and new rule filed June 3, 2010; effective November 28, 2010.

Tenn. Comp. R. & Regs. 0080-02-03-.04 SWINE

(1) Swine entering fairs and exhibitions from within Tennessee shall be accompanied by an official certificate of veterinary inspection with official, permanent, individual identification or sufficient description to identify each animal.

History

• Authority: T.C.A. §§4-3-203 and 44-2-102.
• Administrative History: Original Rule certified June 5, 1974. Amendment filed September 22, 1976; effective October 22, 1976. Amendment filed August 29, 1978; effective October 13, 1978. Amendment filed August 11, 1982; effective November 15, 1982. Repeal and new rule filed November 16, 2005; effective March 30, 2006. Repeal and new rule filed June 3, 2010; effective November 28, 2010.

Tenn. Comp. R. & Regs. 0080-02-03-.05 POULTRY

(1) Sponsors of poultry fairs and exhibitions shall notify the Department of Agriculture at least thirty (30) days prior to such show or exhibition.

(2) Poultry at fairs and exhibitions are subject to surveillance testing for Pullorum-typhoid, avian influenza, Exotic Newcastle Disease or other poultry diseases, as determined by the state veterinarian.

History

• Authority: T.C.A. §§4-3-203 and 44-2-102.
• Administrative History: Original Rule filed September 22, 1976; effective October 22, 1976. Amendment filed August 29, 1978; effective October 13, 1978. Amendment filed August 11, 1982; effective November 15, 1982. Amendment filed September 17, 1998; effective January 28, 1999. Repeal and new rule filed November 16, 2005; effective March 30, 2006. Repeal and new rule filed June 3, 2010; effective November 28, 2010.

Tenn. Comp. R. & Regs. 0080-02-03-.06 HORSES AND OTHER EQUIDAE

(1) When entering fairs and exhibitions, horses and other Equidae, except foals less than six (6) months of age in the company of their EIA-negative dams, shall have evidence of having tested negative for Equine Infectious Anemia within the preceding twelve (12) months.

History

• Authority: T.C.A. §§4-3-203 and 44-2-102.
• Administrative History: Original Rule filed August 29, 1978; effective October 13, 1978. Amendment filed August 11, 1982; effective November 15, 1982. Repeal and new rule filed November 16, 2005; effective March 30, 2006. Repeal and new rule filed June 3, 2010; effective November 28, 2010.

Tenn. Comp. R. & Regs. 0080-02-03-.07 SHEEP

(1) All sheep entering fairs and exhibitions, including wethers, shall have an official certificate of veterinary inspection as provided in Rule 0080-02-03-.01 (1), and shall be officially, permanently identified by a method set forth in 9 C.F.R. 79.1-79.4.

History

• Authority: T.C.A. §§4-3-203 and 44-2-102.
• Administrative History: Original rule filed November 16, 2005; effective March 30, 2006. Repeal and new rule filed June 3, 2010; effective November 28, 2010.

Tenn. Comp. R. & Regs. 0080-02-03-.08 GOATS

(1) All goats entering fairs and exhibitions, including wethers, shall have an official certificate of veterinary inspection as provided in Rule 0080-02-03-.01 (1), and shall be officially, permanently identified by a method set forth in 9 C.F.R. 79.1-79.4.

History

• Authority: T.C.A. §§4-3-203 and 44-2-102.
• Administrative History: Original rule filed November 16, 2005; effective March 30, 2006. Repeal and new rule filed June 3, 2010; effective November 28, 2010.

Tenn. Comp. R. & Regs. 0080-02-03-.09 CAMELIDS

(1) Camelids entering fairs and exhibitions shall have an official certificate of veterinary inspection as provided in Rule 0080-02-03-.01 (1).

History

• Authority: T.C.A. §§4-3-203 and 44-2-102.
• Administrative History: Original rule filed November 16, 2005; effective March 30, 2006. Repeal and new rule filed June 3, 2010; effective November 28, 2010.

Tenn. Comp. R. & Regs. 0080-02-03-.10 CAPTIVE CERVIDAE

(1) Captive Cervidae entering fairs and exhibitions from within Tennessee shall have an official certificate of veterinary inspection as provided by Rule 0080-02-03-.01 (1).

History

• Authority: T.C.A. §§4-3-203 and 44-2-102.
• Administrative History: Original rule filed November 16, 2005; effective March 30, 2006. Repeal and new rule filed June 3, 2010; effective November 28, 2010.

Tenn. Comp. R. & Regs. 0080-02-03-.11 ENFORCEMENT

(1) Fair association and exhibition management shall inform exhibitors of the rules of this chapter, and shall notify the state veterinarian or his agent of any violation. Exhibitors shall present evidence of compliance with this chapter to the state veterinarian or his agent upon request.

(2) These rules and regulations in no way restrict fairs and exhibitions from establishing additional or more stringent health requirements.

(3) Persons involved with the movement and handling of domestic animals, including poultry, at fairs and exhibitions shall submit records for inspection and copies of documents immediately upon the request of the commissioner or his agent.

(4) Fair association and exhibition management shall not permit the exhibition, sale, or offering for sale of animals not accompanied by the documentation required by this chapter.

(5) It is a violation of this chapter to knowingly exhibit, sell, or offer for sale any animal with a transmissible disease.

History

• Authority: T.C.A. §§4-3-203 and 44-2-102.
• Administrative History: Original rule filed November 16, 2005; effective March 30, 2006. Rule 0080-02-03-.11 was deleted per rule filing filed June 3, 2010 and effective November 28, 2010, rule 0080-02-03-.12 was renumbered to .11.

Tenn. Comp. R. & Regs. 0080-02-03-.12 RESERVED

History

• Authority: T.C.A. §§4-3-203 and 44-2-102.
• Administrative History: Original rule filed November 16, 2005; effective March 30, 2006. Rule 0080-02-03-.11 was deleted per rule filing filed June 3, 2010 and effective November 28, 2010, rule 0080-02-03-.12 was renumbered to .11 and .12 became reserved

Chapter 0080-02-04 Removal of Identification From Livestock

Tenn. Comp. R. & Regs. 0080-02-04-.01 DEFINITIONS

(1) For Purposes of these Rules:

(a) Official Identification – A means of identifying an animal or group of animals in accordance with 9 C.F.R. 71.1.

History

• Authority: T.C.A. §§ 4-3-203 and 44-2-102.
• Administrative History: Original rule certified June 5, 1974. Emergency rule filed September 2, 2009; effective through March 1, 2010. Emergency rule filed August 2, 2009 expired; rule reverted to its previous status on March 2, 2010. Amendment filed April 23, 2010; effective September 28, 2010.

Tenn. Comp. R. & Regs. 0080-02-04-.02 GENERAL

(1) No person shall remove official identification from any livestock in Tennessee, except as follows:

(a) Persons who have kept livestock for breeding, feeding or grazing for a period of sixty (60) days or more are permitted to remove official backtags and sale tags only.

(b) Duly authorized state or federal employees may remove official identification at any time, for any reason.

History

• Authority: T.C.A. §§ 4-3-203 and 44-2-102.
• Administrative History: Emergency rule filed August 2, 2009; effective through March 1, 2010. Emergency rule filed August 2, 2009 expired; rule reverted to its previous status on March 2, 2010. Amendment filed April 23, 2010; effective September 28, 2010.

Chapter 0080-02-05 Brucellosis Testing and Quaratine Regulations

Tenn. Comp. R. & Regs. 0080-02-05-.01 DEFINITIONS

For the purposes of these Rules, the “Definitions” in Chapter 0080-2-1-.01 shall apply unless otherwise indicated herein.

History

• Authority: T.C.A. §§44-2-; 44-10-204; 44-11-112 and 4-3-203.
• Administrative History: Original rule certified June 5, 1974. Repeal by Public Chapter 261; effective July 1, 1983. New rule filed June 20, 1983; effective July 20, 1983.

Tenn. Comp. R. & Regs. 0080-02-05-.02 TEST ELIGIBLE CATTLE

Test eligible cattle as referred to herein, unless specifically stated otherwise, shall mean all cattle regardless of vaccination status that are eighteen (18) months of age or older as evidenced by the eruption of the first permanent incisor teeth. Females regardless of age or vaccination status that are parturient or post-parturient are considered test eligible cattle. Steers and spayed heifers are not considered test eligible cattle.

History

• Authority: T.C.A. §§44-2-1302; 44-11-112 and 4-3-203.
• Administrative History: Original rule certified June 5, 1974. Repeal by Public Chapter 261; effective July 1, 1983. New rule filed June 20, 1983; effective July 20, 1983.

Tenn. Comp. R. & Regs. 0080-02-05-.03 TESTING AT APPROVED LIVESTOCK MARKETS, DISPERSAL SALES AND OTHER

AUCTION SALES.

(1)Test eligible cattle shall be identified with official backtags at the first concentration or assembly point; and (a)Accompanied by proof of official test for brucellosis that was conducted not more than thirty (30) days prior to the date of sale, except program tests conducted at an approved livestock market which shall be valid for eight (8) days; or (b)Tested for brucellosis prior to leaving the premises.

(c)Cattle shall maintain original backtag identification while in trade or marketing channels.

(2)This brucellosis test requirement shall also apply to herd dispersal sales, herd reduction sales, and/or all other sales where cattle are offered at public auction.

History

• Authority: T.C.A. §§44-2-1302; 44-11-112 and 4-3-203.
• Administrative History: Original rule filed June 20, 1983; effective July 20, 1983.

Tenn. Comp. R. & Regs. 0080-02-05-.10 MOVEMENT OF QUARANTINED CATTLE

Movement of cattle from brucellosis quarantined herds shall be in accordance with the following provisions:

When a herd of cattle is placed in quarantine because of brucellosis, all bovine animals in the herd are included in the quarantine restrictions. Movement of any animal(s) from the herd, so long as the quaratine restrictions are in effect, shall be done only with the permission of the State or Federal Animal Health Representative immediately responsible for managing the eradication effort in the infected herd. Permission for movement shall be in writing (VS Form 1-27) as required by the guidelines outlined below:

(1)Steers and spayed heifers may move unrestricted.

(2)Heifers (weaned over 6 months of age), handled same as adults (See [4][a] and [4][b] below).

(3)Calves (Under 6 months).

(a)Nursing negative cow-may move unrestricted within ten (10) days following a negative blood test of the cow.

(b)Heifer or bull calf nursing reactor cow-handled same as adults. (See [4][a] below).

(4)Adult Cattle (a)Reactors - shall be identified with a special red reactor tag in the left ear and “B” branded on left jaw immediately upon being determined to be reactor. Such cattle shall be identified with a permanent type identification tag or tattoo and “S” branded on the left jaw. Such cattle may be consigned direct to slaughter or a quarantined feedlot, or to a livestock market for sale direct to slaughter or quarantined feedlot.

(b)Exposed non-reactors (including heifers over six [6] months of age) shall be identified with a permanent type identification tag or tattoo and “S” branded on the left jaw. Such cattle may be consigned direct to slaughter or a quaratined feedlot, or a livestock market for sale direct to slaughter or quarantined feedlot.

(c)Reactor and exposed cattle shall be accompanied by shipping permit for all movement.

History

• Authority: T.C.A. §§44-2-1302; 44-10-204; 44-11-112 and 4-3-203.
• Administrative History: Original rule filed June 20, 1983; effective July 20, 1983.

Tenn. Comp. R. & Regs. 0080-02-05-.04 TESTING AT SLAUGHTER ESTABLISHMENTS

(1)Slaughter establishments shall identify with official backtags and shall collect blood samples from all test eligible cattle received for slaughter.

(a)Cattle accompanied by evidence of a negative official test for brucellosis conducted not more than eight (8) days prior to slaughter are exempt from blood sample collection.

(b)Blood samples shall be collected and delivered to the State Veterinarian or his authorized representative.

(2)Slaughter establishment shall include any person, business, firm, partnership or corporation that buys or receives cattle for slaughter including, but not limited to federally inspected slaughter establishments and custom slaughter establishments.

(3)All identification devices (metal or plastic eartags, sales tags, backtags and any other man-made identification) shall be collected from cattle eligible for blood sampling. This identification shall be maintained with the corresponding blood sample.

(4)A record of the name and address of each owner or person consigning or presenting cattle for slaughter shall be maintained on all cattle eligible for blood sampling.

(5)Information regarding procedures for the collection and handling of blood samples, identification devices, and records shall be maintained by the State Veterinarian or his representative.

History

• Authority: T.C.A. §§44-2-1302; 44-10-204 and 4-3-203.
• Administrative History: Original rule filed June 20, 1983; effective July 20, 1983.

Tenn. Comp. R. & Regs. 0080-02-05-.05 TESTING FOR CHANGE OF OWNERSHIP

(1)No test eligible bovine animal shall be sold, offered for sale, traded, given away, or moved for purpose of changing ownership unless accompanied by evidence of a negative official test for brucellosis which was conducted within thirty (30) days prior to the sale or movement except:

(a)Cattle originating directly from a Certified Brucellosis-free Herd.

(b)Cattle moving directly from a farm of origin to an approved livestock market and tested prior to sale.

(c)Cattle moving directly from a farm of origin to an approved slaughter establishment for immediate slaughter.

(2)Official private negative tests on farms will meet the requirements set out in (1) for thirty (30) days.

Negative market tests will meet the requirement for eight (8) days.

(3)Cattle may be sold or otherwise transferred to a licensed livestock dealer without the required prior test provided that dealer meets the testing requirement within seventy-two (72) hours by:

(a)Having the cattle tested by an accredited veterinarian at private expense; or (b)Consigning them to an approved livestock market for test and sale; or (c)Consigning all test eligible cattle originating from a single premises to an approved slaughter establishment without assembly with test eligible cattle from any other origin.

(4)The burden of satisfying the change of ownership test requirement shall be upon the person who sells or offers for sale any test eligible animal, and upon any licensed dealer who purchases such animal.

History

• Authority: T.C.A. §§44-2-1302; 44-10-204; 44-11-112 and 4-3-203.
• Administrative History: Original rule filed June 20, 1983; effective July 20, 1983.

Tenn. Comp. R. & Regs. 0080-02-05-.06 AREA TESTING

When any county or part of a county in Tennessee is declared a high prevalence brucellosis area by the Commissioner Agriculture and the State Veterinarian, provisions shall be made to test all cattle herds in that county or area for brucellosis. Owners of all cattle herds in areas so designated shall assemble and present all cattle for test and render any other assistance as may be required, (1)In any such area testing, a herd test shall include all cattle twelve (12) months of age or older except steers, sprayed heifers, and official calfhood vaccinates less than eighteen (18) months of age.

(2)Certified Brucellosis-free Herds and herds with a complete negative herd test for brucellosis within one hundred twenty (120) days shall be excempted from the test.

History

• Authority: T.C.A. §§44-2-1302 and 4-3-203.
• Administrative History: Original rule filed June 20, 1983; effective July 20, 1983.

Tenn. Comp. R. & Regs. 0080-02-05-.07 TESTING INFECTED HERDS

(1)Frequency and duration of brucellosis testing of known infected herds, and age of animals to be tested shall be determined by the State Veterinarian, or his representative, based on recommended guidelines as set forth in the Uniform Methods and Rules (UM&R), or as may be necessary, in their professional opinion, to rid the herd of infection and to prevent spread of the disease to other cattle.

(2)Previously infected herds of cattle shall be subjected to at least one additional test not less than ninety (90) days following their release from quarantine.

History

• Authority: T.C.A. §§44-2-1302 and 4-3-203.
• Administrative History: Original rule filed June 20, 1983; effective July 20, 1983.

Tenn. Comp. R. & Regs. 0080-02-05-.08 OTHER REQUIRED HERD TESTING

Brucellosis testing of herds may be required by the State Veterinarian, or his representative, based on location adjacent to or in proximity to infected herds or other evidence of potential exposure to infection; or in accordance with the program standards as set forth in the Uniform Methods and Rules (UM&R) for Brucellosis Eradication.

History

• Authority: T.C.A. §§44-2-1302 and 4-3-203.
• Administrative History: Original rule filed June 20, 1983; effective July 20, 1983.

Tenn. Comp. R. & Regs. 0080-02-05-.09 HANDLING OF BRUCELLOSIS REACTORS AND EXPOSED ANIMALS

Brucellosis reactor and exposed animals shall be identified and further handled in accordance with the procedures outlined in these rules and/or the Uniform Methods and Rules (UM&R) and 9 C.F.R. Part 78.

History

• Authority: T.C.A. §§44-2-1302; 44-10-204 and 44-11-112.
• Administrative History: Original rule filed June 20, 1983; effective July 20, 1983.

Tenn. Comp. R. & Regs. 0080-02-05-.11 QUARANTINES, TESTS AND IDENTIFICATION OF EXPOSED AND REACTOR CATTLE

(1)Whenever there is cause to suspect that cattle are infected with or exposed to brucellosis, the State Veterinarian, or his representative, shall apply such quarantine and tests as may be necessary to rid the herd of infection and to prevent spread of the disease to other cattle.

(2)Reactor and exposed cattle shall be identified by the State Veterinarian or his representative in accordance with the provisions set forth in these rules: T.C.A. §44-3-108 and/or applicable sections of the Uniform Methods and Rules (UM&R).

History

• Authority: T.C.A. §§44-2-1302 and 4-3-203.
• Administrative History: Original rule filed June 20, 1983; effective July 20, 1983.

Tenn. Comp. R. & Regs. 0080-02-05-.12 ASSISTANCE REQUIRED OF OWNERS

The owner of such cattle, or his agent, shall assemble his cattle and present them in a chute, headgate or other appropriate device suitable for restraint, and render such assistance as may be required to enable the State Veterinarian or his representative, to apply the necessary tests, or identify the cattle.

History

• Authority: T.C.A. §§44-2-1302 and 4-3-203.
• Administrative History: Original rule filed June 20, 1983; effective July 20, 1983.

Tenn. Comp. R. & Regs. 0080-02-05-.13 WAIVER OF BRUCELLOSIS TESTING REQUIREMENTS

(1)When Tennessee and all adjacent states have obtained Brucellosis-Free status and a risk analysis supports the policy, the State Veterinarian may waive the requirements of a negative Brucellosis test prior to sale or exhibition.

History

• Authority: T.C.A. §§44-2-1302 and 4-3-203.
• Administrative History: Original rule filed May 6, 1999; effective September 28, 1999.

Chapter 0080-02-06 Swine

Tenn. Comp. R. & Regs. 0080-02-06-.01 SCOPE

(1) This chapter applies to any person who owns or possesses swine within the state.

(2) The department is authorized to enter any premises or conveyance reasonably believed to pose an animal disease concern and to order the examination, testing, vaccination, destruction, and sanitary disposition of any animal with in the state in accordance with the Act and this chapter.

History

• Authority: T.C.A. §§ 4-3-203 and 44-2-102.
• Administrative History: Original rule certified June 5, 1974. Amendments filed March 23, 2021; effective June 21, 2021.

Tenn. Comp. R. & Regs. 0080-02-06-.02 DEFINITIONS

(1) Terms in this chapter share those meanings of terms set forth in T.C.A. § 44-2-101.

(2) When used in this chapter, unless the context requires otherwise:

(a) Act means title 44, chapter 2, part 1 of Tennessee Code;

(b) Breeding swine means swine that are used or intended to be used for breeding, including all swine other than feeder swine or slaughter swine;

(c) Feeder swine means swine that are less than four (4) months of age and are intended for feeding purposes prior to slaughter;

(d) Private Wildlife Preserve means a privately owned or lease controlled tract of land on which a person may hunt captive wildlife originating from a legal source; and, (e) Slaughter swine means swine of any age, breed, or sex, which have been consigned and transported directly to an approved swine market for sale to a slaughter establishment.

History

• Authority: T.C.A. §§ 4-3-203 and 44-2-102.
• Administrative History: New rule filed March 23, 2021; effective June 21, 2021.

Tenn. Comp. R. & Regs. 0080-02-06-.03 TRANSPORTATION AND MOVEMENT OF SWINE

For rules regarding the admission and transportation of swine refer to 0080-02-01 Health Requirements for Admission and Transportation of Livestock and Poultry.

History

• Authority: T.C.A. §§ 4-3-203 and 44-2-102.
• Administrative History: New rule filed March 23, 2021; effective June 21, 2021.

Tenn. Comp. R. & Regs. 0080-02-06-.04 SWINE MARKETS

(1) Only swine markets that are approved as having met state and federal standards are authorized to handle swine in Tennessee. Only three (3) types of swine markets are approved:

(a) Slaughter-Only Market 1. Slaughter-only markets shall be approved in accordance with the requirements of 9 C.F.R. 71.20 and meet all the pertinent requirements of 9 C.F.R. 71, 78 and 85.

2. All swine shall enter the market under quarantine.

3. All swine entering a market shall be officially identified with a United States Department of Agri culture approved ear tag to identify the consignor. The market shall record the name, address, and signature of the consignee, the slaughter facilit y destination, and the identification of the swine purchased.

4. All swine shall be consigned from the market only to an approved slaughter establishment or to another approved market.

(b) Breeding Swine Market 1. All breeding swine markets shall be approved in accordance with the requirements of 9 C.F.R. 71.20 and meet all the pertinent requirements of 9 C.F.R. 71, 78 and 85.

2. All swine shall be officially, permanently, and individually identified to the seller.

3. Except by permission of the state veterinarian, all swine, except piglets less than eight weeks of age in the company of their Brucellosis and Pseudorabiesnegative bir th mothers, shall:

(i) Be accompanied by proof that the individual animal being sold or offered for sale has tested negative on offi cial tests for brucellosis and pseudorabies conducted within thirty (30) days of entering the market; or (ii) Have originated from a Validated Brucell osis-Free and Qualified Pseudorabies-Negative herd, as defined in Tenn. Comp. R. & Regs. 0080- 02-01-.01(1)(rr) and (gg), respectively, that has maintained such statuses throughout testing and be accompanied by proof of such statuses.

4. In addition to the requirements above, imported swine entering breeding swine markets shall be accompanied by an official certificate of veteri nary inspection and have an entry permit from the office of the state veterin arian.

5. Persons selling swine or offering swine for sale, including market management, are responsible fo r ensuring that th e provisions of 0080-02-13-.01(b)3. and 0080-02-13-.01(b)4. above are complied with.

(c) Organized Feeder Swine Sale 1. Shall be approved in accordance with the requirements of 9 C.F.R. 71.20 and meet all the pertinent requirements of 9 C.F.R. 71, 78 and 85.

2. All pigs shall be officially, permanently, and individually identified to the farm of origin and shall be consigned from the farm on which they were born.

(2) Slaughter and feeder classes of swine shall not be commingled in Tennessee markets, nor shall they be received and sold on the same premises on market day.

(3) Adherence to these regulations shall be the responsibi lity of the market’s management. It shall also be the responsibility of buyers to consign purchased swine to legal destinations.

(4) Swine at Tennessee markets are subject to surveillance testing for Brucellosis, Pseudorabies, or other diseases, as ordered by the Tennessee state veterinarian.

(5) Swine shall not be held in the market more than seventy-two (72) hours.

(6) One approved secondary assembly point will be allowed for boars only. Slaughterhouses or approved secondary assembly points for boars shall be shown on official market records.

History

• Authority: T.C.A. §§ 4-3-203 and 44-2-102.
• Administrative History: New rule filed March 23, 2021; effective June 21, 2021.

Tenn. Comp. R. & Regs. 0080-02-06-.05 SURVEILLANCE OF SWINE

(1) All swine located in Tennessee are subject to being monitored for Pseudorabies in accordance with the National Pseudorabies Program Standards.

(2) Upon notice from the state veterinarian that a herd has been selected as a representative herd for testing, the owner of the herd shall have ninety (90) days to have his herd monitored for Pseudorabies at the level established by the National Pseudorabies Program Standards.

(3) The number of swine tested each year shall be determined by the state veterinarian in accordance with the National Pseudorabies Program Standards, but in no case shall it be greater than twenty-five percent (25%) of the breeding swine population.

(4) Swine located in Tennessee are subject to surveillance testing for Brucellosis, Pseudorabies, or other diseases, as ordered by the Tennessee state veterinarian.

(5) Except by permission of the state veterinarian, swine of Tennessee origin that are acquired for use on a private wildlife preserve, and breeding swine of Tennessee origin that are acquired by an owner or operator of a private wildlife preserve and whose offspring are intended for use on a private wildlife preserve, shall:

(a) Bear offi cial, individual identification as set forth in 9 C.F.R. 71; and 1. Have evidence of negative Pseudorabies and Brucellosis tests taken within ninety (90) days prior to changing ownership; or 2. Have originated from a Validated Brucellosis-Free and Qualified Pseudorabies- Negative herd, as defined in Tenn. Comp. R. & Regs. 0080-02-01-.01(1)(rr) and (gg), respectively, that has maintained such statuses throughout testing.

(b) Upon order of the state veterinarian, be quarantin ed at the swine’s destination and retested within sixty (60) days of changing ownership.

(6) Any swine originating from out of state that are acquired for use on a private wildlife preserve and breeding swine originating from out of state that are acquired by an owner or operator of a private wildlife preserve and whose offspring are intended for use on a private wildlife preserve shall comply with the rules for sporting swine under 0080-02-01-.07(4).

(7) Except by permission of the state veterinarian, swine released on a private wildlife preserve shall:

(a) Bear official, individual identification as set forth in 9 C.F.R. 71; and 1. Have evidence of negative Pseudorabies and Brucellosis tests taken within twelve (12) months prior to release; or 2. Have originated from a Validated Brucellosis-Free and Qualified Pseudorabies- Negative herd that has maintained such statuses through testing.

(8) Owners or operators of private wildlife preserves shall record, on forms provided by the commissioner, the official identification numbers of all swine released on such preserve and the corresponding date that each individual swine was released. Such records are to be kept for a minimum of three (3) years and be available for inspection at any time by agents of the Department of Agriculture.

History

• Authority: T.C.A. §§ 4-3-203 and 44-2-102.
• Administrative History: New rule filed March 23, 2021; effective June 21, 2021.

Chapter 0080-02-07 Animal Health Diagnostic Laboratory Fees

Tenn. Comp. R. & Regs. 0080-02-07-.01 BACTERIOLOGY AND PARASITOLOGY

(1) Fees for the following shall be assessed per test or procedure, unless otherwise noted, and in accordance with T.C.A. § 43-1-703(f).

(a) Aerobic culture and antibiotic sensitivity Tier 1 fee per swab, tissue, site, sample, or isolate tested and not per test or procedure (b) Dermatophyte culture Tier 1 fee (c) Anaerobic culture Tier 1 fee (d) Ectoparasite identification Tier 1 fee (e) Fecal flotation examination Tier 1 fee (f) Milk culture and susceptibility testing Tier 1 fee per test type per submission and not per test or procedure

History

• Authority: T.C.A. §§ 4-3-203, 43-1-703, and 44-7-403.
• Administrative History: Original rule filed April 28, 2003; effective August 28, 2003. Amendment repealing and replacing the rule was filed January 4, 2010; effective July 1, 2010. Repeal and new rule filed June 9, 2014; effective November 28, 2014. Amendments filed March 30, 2017; effective June 28, 2017.

Tenn. Comp. R. & Regs. 0080-02-07-.02 VIROLOGY AND IMMUNOLOGY

(1) Fees for the following shall be assessed per test or procedure, unless otherwise noted, and in accordance with T.C.A. §43-1-703(f).

(a) Antibody testing Tier 1 fee per test type per submission and not per test or procedure (b) Polymerase chain reaction testing Tier 2 fee

History

• Authority: T.C.A. §§ 4-3-203, 43-1-703, and 44-7-403.
• Administrative History: Original rule filed April 28, 2003; effective August 28, 2003. Amendment repealing and replacing the rule was filed January 4, 2010; effective July 1, 2010. Repeal and new rule filed June 9, 2014; effective November 28, 2014. Amendments filed March 30, 2017; effective June 28, 2017.

Tenn. Comp. R. & Regs. 0080-02-07-.03 PATHOLOGY

(1) Histopathology/Biopsy $38.00 per specimen (2) Histopathology additional tissue (same animal) $22.00 per specimen (3) Necropsy (no toxicology) $80.00 per animal, limb, organ or head (4) Necropsy (with toxicology) $110.00 (5) Necropsy (with spinal cord exam) $100.00 (6) Cytology $30.00 per tissue (per problem site)

(7) Slide preparation/cytology $15.00 per specimen (8) Decalcification $10.00 per tissue (9) Special stains $5.00 per stain (10) Additional slide preparation/HE $8.00 per slide (11) Additional slide preparation/IHC, charged $10.00 per block (12) Submitter special stain $10.00 per slide (requested by client)

History

• Authority: T.C.A. §§ 4-3-203 and 43-1-703.
• Administrative History: Original rule filed April 28, 2003; effective August 28, 2003. Amendment repealing and replacing the rule was filed January 4, 2010; effective July 1, 2010. Repeal and new rule filed June 9, 2014; effective November 28, 2014.

Tenn. Comp. R. & Regs. 0080-02-07-.04 TOXICOLOGY

(1) First test $35.00 (2) Each additional test $18.00

History

• Authority: T.C.A. §§ 4-3-203 and 43-1-703.
• Administrative History: Original rule filed April 28, 2003; effective August 28, 2003. Amendment repealing and replacing the rule was filed January 4, 2010; effective July 1, 2010. Repeal and new rule filed June 9, 2014; effective November 28, 2014.

Tenn. Comp. R. & Regs. 0080-02-07-.05 MISCELLANEOUS CHARGES

(1) Fees for the following shall be assessed in accordance with T.C.A. § 43-1-703(f).

(a) Save remains for retrieval following procedure Tier 2 fee (b) Disposal of remains following procedure Tier 1 fee per 250 pounds (c) Shipping and handling Tier 1 fee (d) Handling of leaky package or biohazard Tier 1 fee

History

• Authority: T.C.A. §§ 4-3-203, 43-1-703, and 44-7-403.
• Administrative History: Original rule filed April 28, 2003; effective August 28, 2003. Amendment repealing and replacing the rule was filed January 4, 2010; effective July 1, 2010. Repeal and new rule filed June 9, 2014; effective November 28, 2014. Amendments filed March 30, 2017; effective June 28, 2017.

Tenn. Comp. R. & Regs. 0080-02-07-.06 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 43-1-703.
• Administrative History: Original rule filed April 28, 2003; effective August 28, 2003. Amendment repealing and replacing the rule was filed January 4, 2010; effective July 1, 2010. Repeal filed June 9, 2014; effective November 28, 2014.

Tenn. Comp. R. & Regs. 0080-02-07-.07 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 43-1-703.
• Administrative History: Original rule filed April 28, 2003; effective August 28, 2003. Amendment renumbering the rule from 0080-02-07-.06 was filed January 4, 2010; effective July 1, 2010. Repeal filed June 9, 2014; effective November 28, 2014.

Chapter 0080-02-08 Livestock Dealers

Tenn. Comp. R. & Regs. 0080-02-08-.01 RECORDS REQUIRED BY THE COMMISSIONER

Each person eligible for licensing under this Act as a Livestock Dealer shall maintain written records on each transaction made involving livestock bought, sold, traded for, or given away.

History

• Authority: T.C.A. §§ 44-2-1302, 44-11-112, 44-10-204, and Chapter 112, Section 4 of the Public Acts of 1973.
• Administrative History: Original rule filed May 15, 1977, effective June 14, 1977.

Tenn. Comp. R. & Regs. 0080-02-08-.02 LENGTH OF TIME RECORDS TO BE MAINTAINED

Records required by the Commissioner shall be maintained and preserved for a period of five years.

History

• Authority: T.C.A. §§ 4-3-203, 44-2-1302, 44-10-204, 44-11-112, and Chapter 112, Section 4 of the Public Acts of 1973.
• Administrative History: Original rule filed May 15, 1977, effective June 14, 1977. Amendments filed March 30, 2017; effective June 28, 2017.

Tenn. Comp. R. & Regs. 0080-02-08-.03 INFORMATION TO BE RECORDED

(1) Full name and address of the buyer and seller of livestock, which shall reflect the origin and destination of such livestock.

(2) Date of each purchase, sale, or transaction.

(3) Date and place of Brucellosis test, when such test is required.

(4) Number of animals involved.

(5) Sufficient individual description of identification so that each animal may be traced to the herd and farm of origin. (This may include breed, sex, age, weight, tattoos, registration numbers, eartag numbers and/or backtag numbers.)

History

• Authority: T.C.A. §§ 4-3-203, 44-2-1302, 44-10-204, 44-11-112, and Chapter 112, Section 4 of the Public Acts of 1973.
• Administrative History: Original rule filed May 15, 1977, effective June 14, 1977.

Tenn. Comp. R. & Regs. 0080-02-08-.04 INSPECTION OF RECORDS

All records required by the Commissioner shall be available for inspection by the Commissioner or his representative at any reasonable hour.

History

• Authority: T.C.A. §§ 4-3-203, 44-2-1302, 44-10-204, 44-11-112, and Chapter 112, Section 4 of the Public Acts of 1973.
• Administrative History: Original rule filed May 15, 1977, effective June 14, 1977.

Tenn. Comp. R. & Regs. 0080-02-08-.05 NOTICE OF INSPECTION

Persons dealing in livestock within the state shall submit required records for inspection within twenty-four (24) hours of any request by the Commissioner or his representative for such inspection.

History

• Authority: T.C.A. §§ 4-3-203, 44-2-1302, 44-10-204, 44-11-112, and Chapter 112, Section 4 of the Public Acts of 1973.
• Administrative History: Original rule filed May 15, 1977, effective June 14, 1977.

Tenn. Comp. R. & Regs. 0080-02-08-.06 AUTHORITY TO MAKE COPIES

The Commissioner or his representative shall have the authority to copy, photograph, or otherwise reproduce all such records as he may deem necessary for official use.

History

• Authority: T.C.A. §§ 4-3-203, 44-2-1302, 44-10-20, 44-11-112, and Chapter 112, Section 4 of the Public Acts of 1973.
• Administrative History: Original rule filed May 15, 1977, effective June 14, 1977.

Tenn. Comp. R. & Regs. 0080-02-08-.07 FALSIFICATION OF INFORMATION

Falsification of any information in records which are required by the Commissioner shall be cause for revocation or suspension of livestock dealer license.

History

• Authority: T.C.A. §§ 4-3-203, 44-2-1302, 44-10-204, 44-11-112, and Chapter 112, Section 4 of the Public Acts of 1973.
• Administrative History: Original rule filed May 15, 1977, effective June 14, 1977.

Tenn. Comp. R. & Regs. 0080-02-08-.08 SCOPE

(1) This chapter applies to any person who buys, receives, or assembles livestock for resale—on that person’s account or for the account of another person—more than nine times in any consecutive three-month period.

(2) Persons licensed under this chapter shall be responsible for permitted operations until the applicable license expires or the department receives written notification from the licensee desiring to terminate the license. The department shall not refund fees for early termination of any license under this chapter.

(3) Licenses issued under this chapter are not transferable from person to person.

History

• Authority: T.C.A. §§ 4-3-203 and 44-10-204.
• Administrative History: New rule filed March 30, 2017; effective June 28, 2017.

Tenn. Comp. R. & Regs. 0080-02-08-.09 DEFINITIONS

(1) Terms in this chapter share those meanings of terms set forth in the Tennessee Livestock Dealer Act, T.C.A. § 44-10-201, et seq.

(2) When used in this chapter, unless the context requires otherwise:

(a) Act means the Tennessee Livestock Dealer Act, compiled at T.C.A. § 44-10-201, et seq.;

(b) Buys, receives, or assembles livestock means the constructive acquisition of livestock, which includes but is not limited to placement of a winning bid for livestock at public auction;

(c) For resale means the acquisition of livestock, where the acquirer or purchaser retains the animals for less than 60 days;

(d) Public auction means the presentation of livestock, open to the public, where offers are solicited and competitive bidding is undertaken for sale of the livestock, with or without reservation;

(e) Times in any consecutive three-month period means the number of times livestock is bought, received, or assembled for resale within a 90 day period. The term refers to the number of transactions conducted and not the number of animals acquired.

History

• Authority: T.C.A. §§ 4-3-203 and 44-10-204.
• Administrative History: New rule filed March 30, 2017; effective June 28, 2017.

Tenn. Comp. R. & Regs. 0080-02-08-.10 LICENSE APPLICATION AND FEES

(1) All persons to whom these rules apply shall obtain a license in accordance with this chapter.

(2) Application for a livestock dealer license shall be made on forms provided by the department, which shall be completed in full and shall include:

(a) Name of the applicant;

(b) Date of birth for any applicant who is an individual or a partner in a general partnership;

(c) Proof of one of the following for any applicant that is not an individual or a partner in a general partnership:

1. Applicant’s registration in its state of incorporation;

2. Applicant’s registration with the Tennessee Department of Revenue; or, 3. Applicant’s business license issued by a local governmental authority;

(d) For any applicant that is not an individual, name and date of birth of the applicant’s agent(s) who are authorized to buy, receive, or assemble livestock on the applicant’s behalf.

(e) Contact information for applicant, to include name of person legally responsible for applicant’s operations, telephone number, email address, and address of the principal place of business;

(f) Name and address of applicant’s registered agent for service of process, if any.

(3) Licensees shall notify the department of any changes to the information or contents of an application within 30 days after the change takes place.

(4) The fee for a livestock dealer license is a Tier 3 annual fee under T.C.A. § 43-1-703(f).

However, for any person holding dual licensure from the department as a livestock market, no fee shall be required for a livestock dealer license.

(5) An applicant for licensure under this chapter shall remit its application and annual license fee to the department on or before July 1 of each year. All licenses issued under this chapter shall expire on June 30 following their issuance. If an applicant for renewal fails to remit payment of the license fee on or before July 16 of the licensure year for which renewal is sought, the applicant shall also be required to pay a late charge assessed under T.C.A. § 43- 1-703 prior to renewal of the applicant’s license.

(6) The department may deny any application for licensure that is not completed in accordance with this rule.

History

• Authority: T.C.A. §§ 4-3-203, 43-1-703, 44-10-203, and 44-10-204.
• Administrative History: New rule filed March 30, 2017; effective June 28, 2017.

Chapter 0080-02-09 Livestock Markets

Tenn. Comp. R. & Regs. 0080-02-09-.01 SCOPE

(1) This chapter applies to any person who on a commercial basis assembles, or causes to be assembled, livestock that is sold at public auction during regularly scheduled or special sales for compensation of the livestock’s owner or the operator of the auction.

(2) Persons licensed under this chapter shall be responsible for permitted operations until the applicable license expires or the department receives written notification from the licensee desiring to terminate the license. The department shall not refund fees for early termination of any license under this chapter.

(3) Licenses issued under this chapter are not transferable from person to person.

History

• Authority: T.C.A. §§ 4-3-203 and 44-11-112.
• Administrative History: New rules 0080-02-09-.01 through .05 filed January 31, 2012; to have been effective June 30, 2012. The Department of Agriculture withdrew the proposed rules on May 2, 2012. New rules filed March 30, 2017; effective June 28, 2017.

Tenn. Comp. R. & Regs. 0080-02-09-.02 DEFINITIONS

(1) Terms in this chapter share those meanings of terms set forth in T.C.A. § 44-11-101.

(2) When used in this chapter, unless the context requires otherwise:

(a) Act means T.C.A. § 44-11-101, et seq.;

(b) Public auction means the presentation of livestock, open to the public, where offers are solicited and competitive bidding is undertaken for sale of the livestock, with or without reservation;

(c) Property and fire insurance means insurance in an amount reasonably necessary to compensate persons for physical injuries to themselves or losses to their livestock while participating at any public auction;

(d) Regularly scheduled sales mean three or more public auctions held at the same location within the same calendar year;

(e) Sold at public auction means the conclusion of competitive bidding for any animal presented at public auction, typically signified by the fall of an auction hammer;

(f) Special sales mean any public auction where thirty or more head of livestock are presented.

History

• Authority: T.C.A. §§ 4-3-203 and 44-11-112.
• Administrative History: New rules 0080-02-09-.01 through .05 filed January 31, 2012; to have been effective June 30, 2012. The Department of Agriculture withdrew the proposed rules on May 2, 2012. New rules filed March 30, 2017; effective June 28, 2017.

Tenn. Comp. R. & Regs. 0080-02-09-.03 LICENSE APPLICATION AND FEES

(1) All persons to whom these rules apply shall obtain a license in accordance with this chapter.

(2) Application for a livestock market license shall be made on forms provided by the department, completed in accordance with the Act, and shall include:

(a) Name of the applicant;

(b) Date of birth for any applicant who is an individual or a partner in a general partnership;

(c) Proof of one of the following for any applicant that is not an individual or a partner in a general partnership:

1. Applicant’s registration in its state of incorporation;

2. Applicant’s registration with the Tennessee Department of Revenue; or, 3. Applicant’s business license issued by a local governmental authority;

(d) Contact information for applicant, to include name of person legally responsible for applicant’s operations, telephone number, email address, and address of the principal place of business;

(e) Name and address of applicant’s registered agent for service of process, if any.

(3) Licensees shall notify the department of any changes to the information or contents of an application within 30 days after the change takes place.

(4) Prior to approval of any application under this chapter, an applicant must undergo departmental inspection and demonstrate capacity to practice proper sanitation measures for the control of animal disease and to provide adequate yarding, housing, holding, and feeding of livestock.

(5) The fee for a livestock market license is a Tier 5 annual fee under T.C.A. § 43-1-703(f).

(6) An applicant for licensure under this chapter shall remit its application and annual license fee to the department on or before July 1 of each year. All licenses issued under this chapter shall expire on June 30 following their issuance. If an applicant for renewal fails to remit payment of the license fee on or before July 16 of the licensure year for which renewal is sought, the applicant shall also be required to pay a late charge assessed under T.C.A. § 43- 1-703 prior to renewal of the applicant’s license.

(7) The department may deny any application for licensure that is not completed in accordance with this rule.

History

• Authority: T.C.A. §§ 4-3-203, 43-1-703, 44-11-102, 44-11-104, and 44-11-112.
• Administrative History: New rules 0080-02-09-.01 through .05 filed January 31, 2012; to have been effective June 30, 2012. The Department of Agriculture withdrew the proposed rules on May 2, 2012. New rules filed March 30, 2017; effective June 28, 2017.

Chapter 0080-02-10 Regulations Concerning Horses and Other Equidae

Tenn. Comp. R. & Regs. 0080-02-10-.01 EQUINE INFECTIOUS ANEMIA TEST REQUIREMENTS FOR TENNESSEE

HORSES.

(1) Proof of Test Required for Change of Ownership – Subject to the exceptions below, persons assembling for sale, offering for sale, or selling horses or other Equidae, whether for one’s own account or for the account of another person, shall have proof that each individual animal has tested negative on an official test for Equine Infectious Anemia conducted within twelve (12) months prior to sale.

(a) Foals less than six (6) months of age in the company of their EIA-negative dams are not required to have proof of such test.

(b) Horses or other Equidae entering an approved livestock market for sale are not required to be accompanied by such proof when samples are collected for testing prior to sale.

Equidae sold with a results-pending market test shall be confined at the market, unless the buyer signs an agreement, provided by the market, in which the buyer agrees to maintain such equine at a specified location until test results are known. The market shall make such agreements available to buyers, and shall retain copies of such agreements for one year from date of sale.

(2) Persons presenting falsified official EIA test documents are subject to a civil penalty of up to one thousand dollars ($1,000) for each violation. Each falsified document presented constitutes a separate violation.

History

• Authority: T.C.A. §§ 4-3-203 and 44-2-102.
• Administrative History: Original rule filed May 15, 1977; effective June 14, 1977. Repeal by Public Chapter 261; effective July 1, 1983. New rule filed December 15, 1989; effective January 29, 1990. Amendment filed February 28, 2002; effective June 28, 2002. Amendment filed April 23, 2010; effective September 28, 2010. Amendment to rules 0080-02-10-.01, .02, and .03 filed June 2, 2011; to have been effective August 31, 2011; the Tennessee Department of Agriculture withdrew the amendment on August 10, 2011. Amendment to rule 0080-02-10-.01(2)(a) filed July 12, 2011; to have been effective December 29, 2011; the Tennessee Department of Agriculture withdrew the amendment on August 10, 2011.

Tenn. Comp. R. & Regs. 0080-02-10-.04 OTHER REQUIRED TESTING

(1) When a horse or other member of the Equidae family tests positive on an official confirmatory test for Equine Infectious Anemia, the following Equidae shall be tested for Equine Infectious Anemia within thirty (30) days of the time the infected animal was diagnosed as being EIA-positive:

(a) Equidae located on the premises where the positive animal is stabled or pastured.

(b) Equidae located adjacent to the infected premises or within two hundred (200) yards.

(c) Equidae exposed to the infected animal within the previous six (6) months in the manner described in (a) and (b) above.

(d) Equidae exposed to the infected animal within any time period in the manner described in (a) and (b) above, as ordered by the state veterinarian.

(2) The owner, or his agent, of any animal that has tested positive on an official test, or that has been exposed to a positive animal, shall present such animal to the state veterinarian or his representative and render such assistance as may be required to enable the state veterinarian or his representative to identify such animal(s) or conduct any required tests.

History

• Authority: T.C.A. §§ 4-3-203 and 44-2-102.
• Administrative History: Original rule filed May 15, 1977; effective June 14, 1977. Repeal by Public Chapter 261; effective July 1, 1983. New rule filed December 15, 1989; effective January 29, 1990. Amendment filed April 23, 2010; effective September 28, 2010.

Tenn. Comp. R. & Regs. 0080-02-10-.02 TESTING OF STABLED HORSES

(1) All horses or other Equidae, except foals less than six (6) months of age in the company of their EIA-negative dam, which have been assembled by more than one owner at boarding, breeding or training stables or pastures, shall be accompanied by proof that each individual animal has tested negative on an official test for Equine Infectious Anemia that was conducted within the preceding twelve (12) months.

(2) The owner or manager of said premises shall be responsible for maintaining proof that each individual animal on the premises has tested negative on an official test for Equine Infectious Anemia that was conducted within the preceding twelve (12) months, and shall make these records available for inspection by all officers or inspectors charged with the enforcement of this section.

(3) EIA-positive horses or horses that have not been tested for EIA within the preceding twelve (12) months may be stabled at an approved quarantined premises, provided the state veterinarian has issued a written permit for this purpose and the conditions of the quarantine are met and maintained.

History

• Authority: T.C.A. §§ 4-3-203 and 44-2-102.
• Administrative History: Original rule filed May 15, 1977; effective June 14, 1977. Repeal by Public Chapter 261; effective July 1, 1983. New rule filed December 15, 1989; effective January 29, 1990. Amendment filed April 23, 2010; effective September 28, 2010.

Tenn. Comp. R. & Regs. 0080-02-10-.06 LABORATORIES CONDUCTING TESTS FOR EQUINE INFECTIOUS ANEMIA

Laboratories conducting tests for Equine Infectious Anemia in Tennessee:

(1) Shall be certified as required by the provisions of 9 C.F.R. 75 and approved by the commissioner of the department of agriculture or his designated representative;

(2) May be audited for complete and accurate record keeping; and (3) The approval of the commissioner or his designated representative may be denied or revoked if an audit shows the laboratory has failed to maintain complete and accurate records.

History

• Authority: T.C.A. §§ 4-3-203 and 44-2-102.
• Administrative History: Original rule filed February 28, 2002; effective June 28, 2002. Amendment filed April 23, 2010; effective September 28, 2010. Amendments filed March 23, 2021; effective June 21, 2021.

Tenn. Comp. R. & Regs. 0080-02-10-.03 TESTING OF OTHER ASSEMBLED HORSES

(1) All horses or other Equidae, except foals less than six (6) months of age in the company of their EIA-negative dam, which participate in any horse show, competition or other assembly, except approved livestock market sales where such Equidae are offered for sale, shall be accompanied by evidence that each individual animal has tested negative on an official test for Equine Infectious Anemia that was conducted within the preceding twelve (12) months.

(2) The manager of each assembly or event or his agent shall be responsible for ensuring that each animal he enters, issues a permit for, or has control of, is accompanied by proof that each individual animal has tested negative on an official test for Equine Infectious Anemia that was conducted within the preceding twelve (12) months, and shall not allow animals without such proof to participate in the event, or to congregate with other Equidae. The owner of each animal or his agent shall also responsible for meeting these requirements.

History

• Authority: T.C.A. §§ 4-3-203 and 44-2-102.
• Administrative History: Original rule filed May 15, 1977; effective June 14, 1977. Repeal by Public Chapter 261; effective July 1, 1983. New rule filed December 15, 1989; effective January 29, 1990. Amendment filed April 23, 2010; effective September 28, 2010.

Chapter 0080-02-11 Regulations for Handling Positive Equine Infectious Anemia Horses andOther Equidae

Tenn. Comp. R. & Regs. 0080-02-11-.01 GENERAL

(1)Horses or other equines found positive to official agar gel immunodiffusion test for equine infectious anemia (EIA-AGID) shall be subjected to a confirmatory retest by a regulatory veterinarian.

(2)Animal positive on confirmatory test may be:

(a)Euthanized by owner or his private veterinarian within sixty (60) days with certification of euthanasia by an accredited veterinarian or regulatory veterinarian or inspector; or (b)Freeze-branded on the left side of the neck with the character 63A and the official reactor number of the animal. This branding shall be carried out by a regulatory veterinarian or inspector.

(3)When a previously positive animal is found negative to official confirmatory test, all equines associated with that animal on the premises (farm, pasture or stable) shall be officially tested by a regulatory veterinarian.

(4)Officially branded reactor horses shall be put under written quarantine until destroyed or dead of natural causes. If no other horses are located within 200 yards without common shade, pasture quarantine will suffice. If there are other horses sharing the stable or farm, a screened stall shall be required.

(5)Foals nursing reactor mares shall be considered quarantined with their dams. Weaned foals may be released if negative to EIA-AGID test after a 90-day period of isolation from their dam and other equines.

(6)Movement of quarantined animals shall be made only on written permit by the Tennessee State Veterinarian or his representative.

History

• Authority: T.C.A. §§4-3-203 and 44-2-1302.
• Administrative History: Original rule filed June 20, 1983; effective July 20, 1983. Amendment filed December 15, 1989; effective January 29, 1990.

Chapter 0080-02-12 Dogs and Cats

Tenn. Comp. R. & Regs. 0080-02-12-.01 SCOPE

(1) This chapter applies to any person who owns or possesses dogs or cats within the state or exported from the state.

(2) The department is authorized to enter any premises or conveyance reasonably believed to pose an animal disease concern and to order the examination, testing, vaccination, destruction, and sanitary disposition of any animal within the state in accordance with the Act and this chapter.

History

• Authority: T.C.A. §§ 4-3-203 and 44-2-102.
• Administrative History: New rule filed June 10, 2019; effective September 8, 2019.

Tenn. Comp. R. & Regs. 0080-02-12-.02 DEFINITIONS

(1) Terms in this chapter share those meanings of terms set forth in T.C.A. § 44-2-101.

(2) When used in this chapter, unless the context requires otherwise:

(a) Act means title 44, chapter 2, part 1 of Tennessee Code;

(b) Move, ship, transport, or words of similar import mean to relocate in any manner an item from one real property to another; and, (c) Vaccine, vaccination, or words of similar import mean any preparation used as a preventative inoculation to confer immunity against a specific disease, administered under direction of a licensed veterinarian in accordance with customary practices of veterinary medicine.

History

• Authority: T.C.A. §§ 4-3-203 and 44-2-102.
• Administrative History: Original rule filed June 10, 2019; effective September 8, 2019.

Tenn. Comp. R. & Regs. 0080-02-12-.03 TRANSPORT

(1) Import.

(a) Dogs. If a dog is older than three months of age, its import must be accompanied by proof of current rabies vaccination for the animal.

(b) Cats. If a cat is older than six months of age, its import must be accompanied by proof of current rabies vaccination for the animal.

(c) Import of any dog or cat into the state must comply with current federal movement requirements compiled at 9 C.F.R. §§ 3.13 – 3.19.

(d) A person shall not import any dog or cat infected with disease unless accompanied by written authorization from the state veterinarian.

(e) A person shall not import any dog or cat that originated from or is shipped through a quarantine area unless accompanied by written authorization from the state veterinarian.

(f) Absent extraordinary circumstances, the state veterinarian will not authorize import of diseased or quarantined dogs or cats except for research, destruction, or emergency purposes.

(2) Export of any dog or cat must comply with current federal movement requirements compiled at 9 C.F.R. §§ 3.13 – 3.19 and state regulatory requirements for any state through which the export passes.

(3) Movement within the state. [RESERVED]

History

• Authority: T.C.A. §§ 4-3-203 and 44-2-102.
• Administrative History: Original rule filed June 10, 2019; effective September 8, 2019.

Tenn. Comp. R. & Regs. 0080-02-12-.04 DISEASE PROGRAMS AND TESTING REQUIREMENTS

(1) The department deems the following diseases in dogs and cats to be subject to state control programs:

(a) Rabies; and, (b) Any disease for which the federal government has established a control program in dogs or cats.

(2) The department may order the destruction of any animal infected with a disease identified under this rule.

History

• Authority: T.C.A. §§ 4-3-203 and 44-2-102.
• Administrative History: Original rule filed June 10, 2019; effective September 8, 2019.

Tenn. Comp. R. & Regs. 0080-02-12-.05 QUARANTINE AREAS

(1) Designated quarantine areas. [RESERVED]

(2) Temporary quarantine of non-designated areas.

(a) The department may temporarily quarantine any non-designated area upon written notice to its owner or upon general publication if:

1. Significant symptoms or indicators of disease commonly affecting dogs or cats are observed within the area;

2. Dogs or cats infected with or exposed to disease are shipped into the area; or, 3. Any dog or cat shipped into the area shares a common container, vessel, producer, or shipper with dogs or cats found to be infected with disease.

(b) The department may lift the temporary quarantine of a non-designated area if after due inspection the suspected disease is not observed within the area and there exists no reasonable cause to continue the quarantine.

History

• Authority: T.C.A. §§ 4-3-203 and 44-2-102.
• Administrative History: Original rule filed June 10, 2019; effective September 8, 2019.

Tenn. Comp. R. & Regs. 0080-02-12-.06 ORDERS

(1) The department may issue an order for the stop movement, testing, treatment, or destruction of any dog or cat within the state that is found to be diseased or moved in violation of the Act or this chapter.

(2) An order may be lifted by the department when the dog or cat that is subject to the order is tested, treated, returned, or destroyed as directed by the department at the owner’s or possessor’s expense. If the dog or cat is not tested, treated, or returned as ordered by the department within 10 days of the order being issued, the department may order the animal confiscated or destroyed in accordance with the Act and this chapter at the owner’s expense.

History

• Authority: T.C.A. §§ 4-3-203 and 44-2-102.
• Administrative History: Original rule filed June 10, 2019; effective September 8, 2019.

Tenn. Comp. R. & Regs. 0080-02-12-.07 VIOLATIONS

(1) A person is responsible for violation of the Act or this chapter when committed by either the person or his agent.

(2) Each violation of the Act, this chapter, or departmental order is grounds for issuance of stop movement orders, denial or revocation of any license issued by the department; actions for injunction; confiscation or destruction of animals in accordance with the Act and this chapter; and imposition of civil penalties or criminal charges against the violator.

(3) The department may refer to law enforcement officials for animal cruelty investigation any person who unreasonably fails to provide appropriate care for dogs or cats in his possession.

History

• Authority: T.C.A. §§ 4-3-203 and 44-2-102.
• Administrative History: Original rule filed June 10, 2019; effective September 8, 2019.

Chapter 0080-02-13 Repealed

Tenn. Comp. R. & Regs. 0080-02-13-.01 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 44-2-102, 44-2-104, 44-2-1302, and 44-10-204.
• Administrative History: Original chapter filed January 5, 1989; effective February 19, 1989. Emergency rule filed September 2, 2009; effective through March 1, 2010. Emergency rule filed September 2, 2009 expired; rule reverted to its previous status effective March 2, 2010. Amendment filed April 23, 2010; effective September 28, 2010. Emergency rule filed June 11, 2020; effective through December 8, 2020. Emergency rule expired effective December 9, 2020, and the rule reverted to its previous status. Repeal filed March 23, 2021; effective June 21, 2021.

Chapter 0080-02-14 Repealed

Tenn. Comp. R. & Regs. 0080-02-14-.01 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 44-2-102.
• Administrative History: Original rule filed July 3, 1991; effective August 17, 1991. Emergency rule filed September 2, 2009; effective through March 1, 2010. Emergency rule filed September 2, 2009 expired; rule reverted to its previous status on March 2, 2010. Amendment filed April 23, 2010; effective September 28, 2010. Repeal filed March 23, 2021; effective June 21, 2021.

Tenn. Comp. R. & Regs. 0080-02-14-.04 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 44-2-102.
• Administrative History: Emergency rule filed September 2, 2009; effective through March 1, 2010. Emergency rule filed September 2, 2009 expired; rule reverted to its previous status on March 2, 2010. Amendment filed April 23, 2010; effective September 28, 2010. Repeal filed March 23, 2021; effective June 21, 2021.

Tenn. Comp. R. & Regs. 0080-02-14-.02 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 44-2-102.
• Administrative History: Emergency rule filed September 2, 2009; effective through March 1, 2010. Emergency rule filed September 2, 2009 expired; rule reverted to its previous status on March 2, 2010. Amendment filed April 23, 2010; effective September 28, 2010. Repeal filed March 23, 2021; effective June 21, 2021.

Tenn. Comp. R. & Regs. 0080-02-14-.03 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 44-2-102.
• Administrative History: Emergency rule filed September 2, 2009; effective through March 1, 2010. Emergency rule filed September 2, 2009 expired; rule reverted to its previous status on March 2, 2010. Amendment filed April 23, 2010; effective September 28, 2010. Repeal filed March 23, 2021; effective June 21, 2021.

Chapter 0080-02-15 Dog and Cat Dealers

Tenn. Comp. R. & Regs. 0080-02-15-.01 SCOPE

(1) This chapter applies to any person who buys or sells dogs or cats for resale in commerce; any person who sells dogs or cats at a flea market; any person who provides services in commerce for dogs or cats used for research purposes; and any person who conducts research on dogs or cats.

(2) Persons licensed under this chapter shall be responsible for dealer operations under their license until it expires or until the department receives written notification from the licensee desiring to terminate the license. The department shall not refund fees for early termination of any license issued under this chapter.

(3) Licenses issued under this chapter are not transferable from person to person or location to location.

History

• Authority: T.C.A. §§ 4-3-203 and 44-17-118.
• Administrative History: Original rule filed April 28, 2003; effective July 12, 2003. Amendments filed June 10, 2019; effective September 8, 2019.

Tenn. Comp. R. & Regs. 0080-02-15-.02 DEFINITIONS

(1) Terms in this chapter share those meanings of terms set forth in T.C.A. § 44-17-102.

(2) When used in this chapter, unless the context requires otherwise:

(a) 25 or more dogs or cats within the definition of “dealer” under the Act refers to one cumulative total of animals and not separate totals for each type of animal. For example a person who buys 20 dogs and 20 cats in the same calendar year for resale within the state is a dog and cat dealer;

(b) Act means title 44, chapter 17, part 1 of Tennessee Code;

(c) Buying or selling for resale means a non-breeder’s sale of a dog or cat in commerce, within 60 days of acquiring the animal;

(d) For research purposes means in commerce with a research facility;

(e) Incorporated entity means any entity that is not an individual;

(f) License means a valid license or registration issued under this chapter;

(g) Move, distribute, transport, or words of similar import mean to relocate in any manner an item from one real property to another;

(h) Sample or sampling means any biological material taken from an animal by the department or under direction of a duly authorized federal or state animal health official;

(i) School, hospital, laboratory, institution, organization or person within the definition of “research facility” under the Act means any person having physical research facilities within the state; and, (j) Vaccine, vaccination, or words of similar import mean any preparation used as a preventative inoculation to confer immunity against a specific disease, administered under direction of a licensed veterinarian in accordance with customary practices of veterinary medicine.

History

• Authority: T.C.A. §§ 4-3-203 and 44-17-118.
• Administrative History: Original rule filed April 28, 2003; effective July 12, 2003. Amendments filed June 10, 2019; effective September 8, 2019.

Tenn. Comp. R. & Regs. 0080-02-15-.03 LICENSE APPLICATION AND FEES

(1) All persons to whom these rules apply shall obtain a license in accordance with this chapter prior to conducting any activity for which a license is required.

(2) A dog and cat dealer license is not required for:

(a) Import, export, or transport of dogs or cats for non-commercial purposes;

(b) Governmental agencies;

(c) Non-profit organizations with proof of current 501(c)3 status;

(d) Breeder sales of dogs or cats;

(e) Adoption of a dog or cat where only administrative and veterinary care fees are charged for adoption of the animal; or, (f) Any person buying dogs or cats as an end consumer (i.e. to hold for more than 60 days).

(3) Application for any license under this chapter shall be made on forms provided by the department, which shall be completed in full and may include:

(a) Name of the applicant;

(b) Date of birth of any applicant who is an individual or a partner in a general partnership;

(c) Proof of one of the following for any applicant who is not an individual or a partner in a general partnership:

1. Applicant’s registration in its state of incorporation; or, 2. Applicant’s business license issued by a local governmental authority;

(d) Contact information for applicant, to include name of person legally responsible for applicant’s operations, telephone number, email address, and address of the principal place of business;

(e) Address of any location to be licensed for holding of dogs or cats for commercial or research purposes;

(f) Vehicle identification number of any vehicle to be registered for transport of dogs or cats for commercial or research purposes; and, (g) Other information as required by the department.

(4) Licensees shall notify the department of any changes to the information or contents of an application within 30 days after the change takes place.

(5) Applicants for licensure shall include with their application payment of an annual license fee as required under the Act for the following categories of dog and cat dealer licenses.

(a) Research Seller. A research seller license is required per person per location where the person holds any dog or cat for sale to a research facility within the state.

(b) Wholesaler. A wholesaler license is required per person per location where a nonbreeder holds dogs or cats and sells 25 or more of the animals to incorporated entities, within 60 days of acquiring the animals and in the same calendar year. For enforcement of the Act and this chapter, sales between non-breeders and incorporated entities are deemed wholesale transactions.

(c) Retailer. A retailer license is required per person per location where a non-breeder holds dogs or cats and sells 25 or more of the animals to individuals, within 60 days of acquiring the animals and in the same calendar year. For enforcement of the Act and this chapter, sales between non-breeders and individuals are deemed retail transactions. The fee for a retailer license is based on the number of dogs or cats sold by the retailer during the previous calendar year (January 1 – December 31). For any applicant who was not licensed in the previous calendar year, the license fee shall be determined based on sales of up to 50 animals.

(d) Transporter. A transporter license is required for any person who transports or boards a dog or cat in commerce for a research facility within the state; or for any non-breeder who sells or offers for sale a dog or cat at a flea market.

(e) Research Facility Registration. A research facility registration is required for any research facility in the state that purchases, boards, or transports dogs or cats for research. There is no fee for research facility registration.

(6) Prior to approval of any application under this rule, an applicant must undergo departmental inspection and demonstrate compliance with current standards set forth under 9 C.F.R. Part 3, Subpart A – Specifications for the Humane Handling, Care, Treatment, and Transportation of Dogs and Cats.

(7) A person shall be ineligible for a dog and cat dealer license if the person or any person in his employ has been convicted of an animal cruelty offense under any state or federal jurisdiction.

(8) Applicants for licensure shall submit the appropriate license fee and annual report to the department on or before July 1 of each year. Any person who fails to comply shall be required to undergo initial inspection and to pay initial license fees under the Act prior to reissuance of the applicant’s dog and cat dealer license. All dog and cat dealer licenses shall expire on June 30 following their issuance.

(9) The department may deny any application for licensure that is not completed in accordance with this rule.

History

• Authority: T.C.A. §§ 4-3-203 and 44-17-118.
• Administrative History: Original rule filed April 28, 2003; effective July 12, 2003. Amendments filed June 10, 2019; effective September 8, 2019.

Tenn. Comp. R. & Regs. 0080-02-15-.04 REPORTS AND RECORDS

(1) Reports.

(a) In addition to all information required under T.C.A. § 44-17-108, a licensee shall report the number of dogs and cats that the licensee sold within 60 days of each animal’s acquisition during the previous calendar year.

(b) Licensees shall file reports annually with the department upon renewal of their license, and shall have semi-annual report information available for inspection upon request and reasonable notice from the department.

(2) Records.

(a) Licensees shall keep and maintain at each licensed location records for each dog or cat purchased, sold, transported, or held for commercial or research purposes. The records shall include:

1. A description sufficient to identify the animal, including known or approximate age, size, color marking, breed estimation, sex, and official identification number, chip implantation, or tattoos;

2. Known vaccination records for the animal, including type of vaccine, accredited veterinarian administering the vaccine, and date the vaccination was last administered to the animal;

3. Name and address of the person from whom the animal was acquired;

4. Date the animal was acquired;

5. Name and address of the person to whom the animal was sold;

6. Date the animal was sold; and, 7. Bill of sale information as required under T.C.A. § 44-17-113.

(b) Licensees shall maintain records required under this rule for a period of two years.

History

• Authority: T.C.A. §§ 4-3-203 and 44-17-118.
• Administrative History: Original rule filed April 28, 2003; effective July 12, 2003. Amendments filed June 10, 2019; effective September 8, 2019.

Tenn. Comp. R. & Regs. 0080-02-15-.05 ANIMAL IDENTIFICATION

[RESERVED].

History

• Authority: T.C.A. §§ 4-3-203 and 44-17-118.
• Administrative History: Original rule filed April 28, 2003; effective July 12, 2003. Amendments filed June 10, 2019; effective September 8, 2019.

Tenn. Comp. R. & Regs. 0080-02-15-.06 TRANSPORT

(1) For any vehicle a licensee uses to convey dogs or cats for commercial or research purposes, the licensee shall conspicuously post on the vehicle “Dogs and Cats On Board” in print that is at least four inches tall.

(2) Licensees shall comply with all import, export, and movement requirements under chapter 0080-02-12 Dogs and Cats.

(3) Licensees shall comply with current standards for transportation of dogs and cats set forth under 9 C.F.R. Part 3, Subpart A – Specifications for the Humane Handling, Care, Treatment, and Transportation of Dogs and Cats.

History

• Authority: T.C.A. §§ 4-3-203 and 44-17-118.
• Administrative History: Original rule filed April 28, 2003; effective July 12, 2003. Amendments filed June 10, 2019; effective September 8, 2019.

Tenn. Comp. R. & Regs. 0080-02-15-.07 INSPECTIONS

(1) The department may enter any location or conveyance during normal business hours where the department has reason to believe that dogs or cats are held for commercial or research purposes. The department may enter such place for purposes of inspecting and sampling dogs and cats as necessary for the prevention of spreading disease; for examination and copying of records; and for evaluation of sanitation and treatment as necessary to determine compliance with the Act and this chapter.

(2) The department may conduct inspections under this chapter as often as the department deems necessary for the prevention of spreading disease.

History

• Authority: T.C.A. §§ 4-3-203 and 44-17-118.
• Administrative History: Original rule filed April 28, 2003; effective July 12, 2003. Amendments filed June 10, 2019; effective September 8, 2019.

Tenn. Comp. R. & Regs. 0080-02-15-.08 ORDERS

(1) The department may issue an order for the stop movement, testing, treatment, or destruction of any dog or cat within the state that is found to be diseased or moved in violation of the Act or this chapter.

(2) An order may be lifted by the department when the dog or cat that is subject to the order is tested, treated, returned, or destroyed as directed by the department at the owner’s or possessor’s expense. If the dog or cat is not tested, treated, or returned as ordered by the department within 10 days of the order being issued, the department may order the animal confiscated or destroyed in accordance with the Act and this chapter at the owner’s expense.

(3) Any licensee aggrieved by an order of the department issued under the Act or this chapter may petition the department for review of the order under the Uniform Administrative Procedures Act. Petitions for review of a departmental order must be submitted to the department in writing within 10 days of the order being issued. If no petition is filed with the department within the 10 day period, the department’s order shall become final and will not be subject to review.

History

• Authority: T.C.A. §§ 4-3-203 and 44-17-118.
• Administrative History: Original rule filed April 28, 2003; effective July 12, 2003. Amendments filed June 10, 2019; effective September 8, 2019.

Tenn. Comp. R. & Regs. 0080-02-15-.09 VIOLATIONS

(1) Requirements of Licensees.

(a) In addition to other requirements of this chapter, licensees shall:

1. Comply with current standards set forth under 9 C.F.R. Part 3, Subpart A – Specifications for the Humane Handling, Care, Treatment, and Transportation of Dogs and Cats, including performance of proper sanitation measures for the control of animal disease, and provision of adequate yarding, housing, holding, exercise, care, and feeding of dogs and cats;

2. Conduct dealer operations only within a permanent structure or building at a location licensed by the department;

3. Maintain areas where dogs or cats are housed so as to be readily accessible for inspection;

4. Maintain records required under this chapter so as to be readily available for inspection;

5. Comply with any order issued by the department for the prevention of animal disease or humane treatment of dogs or cats; and, 6. Give full information as to the source of dogs or cats currently or previously held for commercial or research purposes.

(b) In addition to other requirements of this chapter, licensees shall not:

1. Sell, offer for sale, or move a dog or cat obtained without the consent of its owner;

2. Be convicted of an animal cruelty offense under any state or federal law;

3. Employ a person convicted of an animal cruelty offense under any state or federal law;

4. Provide false or misleading information or records to the department;

5. Interfere with an authorized representative of the department in the performance of his duties; or, 6. Sell, offer for sale, or move any diseased dog or cat for commercial or research purposes without written authorization from the department.

(2) A person is responsible for violation of the Act or this chapter when committed by either the person or his agent.

(3) Each violation of the Act, this chapter, or departmental order issued under this chapter is grounds for issuance of stop movement orders, denial or revocation of any license issued by the department; actions for injunction; confiscation of animals; and imposition of civil penalties or criminal charges against the violator.

(4) When the department has reason to believe that violation of the Act, this chapter, or departmental order unreasonably threatens the health or well-being of a dog or cat, upon notice to the animal’s owner that is substantially consistent with T.C.A. § 39-14-210, the department may designate its authority to confiscate and care for the animal to any society for prevention of cruelty to animals or law enforcement official.

(5) The department may refer to law enforcement officials for animal cruelty investigation any person who unreasonably fails to provide appropriate care for dogs or cats in his possession.

History

• Authority: T.C.A. §§ 4-3-203 and 44-17-118.
• Administrative History: Original rule filed April 28, 2003; effective July 12, 2003. Amendments filed June 10, 2019; effective September 8, 2019.

Tenn. Comp. R. & Regs. 0080-02-15-.10 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 44-17-118.
• Administrative History: Original rule filed April 28, 2003; effective July 12, 2003. Repeal filed June 10, 2019; effective September 8, 2019.

Tenn. Comp. R. & Regs. 0080-02-15-.11 REPEALED

History

• Authority: T.C.A. § 44-17-118.
• Administrative History: Original rule filed April 28, 2003; effective July 12, 2003. Repeal filed June 10, 2019; effective September 8, 2019.

Chapter 0080-02-16 Poultry - General Requirements

Tenn. Comp. R. & Regs. 0080-02-16-.01 DEFINITIONS

(1) For Purposes of these Rules:

(a) Poultry – Poultry shall be as defined in 9 C.F.R. 145.1.

History

• Authority: T.C.A. §§ 4-3-203 and 44-2-102.
• Administrative History: Original rule filed April 23, 2010; effective September 28, 2010.

Tenn. Comp. R. & Regs. 0080-02-16-.02 SURVEILLANCE TESTING OF POULTRY

(1) All poultry shall be subject to surveillance testing for Pullorum-Typhoid, avian influenza, Exotic Newcastle Disease, or other diseases as determined by the Tennessee state veterinarian.

History

• Authority: T.C.A. §§ 4-3-203 and 44-2-102.
• Administrative History: Original rule filed April 23, 2010; effective September 28, 2010.

Chapter 0080-03-01 Repealed

Tenn. Comp. R. & Regs. 0080-03-01-.01 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 53-3-104.
• Administrative History: Original rule certified June 5, 1974. Repeal and new rule filed June 30, 2021; effective September 28, 2021. Repeal filed May 8, 2026; effective August 6, 2026.

Tenn. Comp. R. & Regs. 0080-03-01-.09 REPEALED

History

• Authority: T.C.A. § 52-304.
• Administrative History: Original rule certified June 5, 1974. Repeal filed June 30, 2021; effective September 28, 2021.

Tenn. Comp. R. & Regs. 0080-03-01-.02 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 53-3-104.
• Administrative History: Original rule certified June. 5, 1974. Repeal and new rule filed June 30, 2021; effective September 28, 2021. Repeal filed May 8, 2026; effective August 6, 2026.

Tenn. Comp. R. & Regs. 0080-03-01-.03 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 53-3-104.
• Administrative History: Original rule certified June 5, 1974. Repeal and new rule filed June 30, 2021; effective September 28, 2021. Repeal filed May 8, 2026; effective August 6, 2026.

Tenn. Comp. R. & Regs. 0080-03-01-.04 REPEALED

History

• Authority: T.C.A. § 52-304.
• Administrative History: Original rule certified June 5, 1974. Repeal filed June 30, 2021; effective September 28, 2021.

Tenn. Comp. R. & Regs. 0080-03-01-.05 REPEALED

History

• Authority: T.C.A. § 52-304.
• Administrative History: Original rule certified June 5, 1974. Repeal filed June 30, 2021; effective September 28, 2021.

Tenn. Comp. R. & Regs. 0080-03-01-.06 REPEALED

History

• Authority: T.C.A. § 52-304.
• Administrative History: Original rule certified June 5, 1974. Amendment filed August 12, 1987; effective September 29, 1987. Repeal filed June 30, 2021; effective September 28, 2021.

Tenn. Comp. R. & Regs. 0080-03-01-.07 REPEALED

History

• Authority: T.C.A. § 52-304.
• Administrative History: Original rule certified June 5, 1974. Repeal filed June 30, 2021; effective September 28, 2021.

Tenn. Comp. R. & Regs. 0080-03-01-.08 REPEALED

History

• Authority: T.C.A. § 52-304.
• Administrative History: Original rule certified June 5, 1974. Repeal filed June 30, 2021; effective September 28, 2021.

Chapter 0080-03-02 Repealed

Tenn. Comp. R. & Regs. 0080-03-02-.01 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 52-304, and 53-3-104.
• Administrative History: Original rule certified June 5, 1974. Repeal filed June 30, 2021; effective September 28, 2021.

Tenn. Comp. R. & Regs. 0080-03-02-.18 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 52-304, and 53-3-104.
• Administrative History: Original rule certified June 5, 1974. Repeal filed June 30, 2021; effective September 28, 2021.

Tenn. Comp. R. & Regs. 0080-03-02-.02 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 52-304, and 53-3-104.
• Administrative History: Original rule certified June 5, 1974. Repeal filed June 30, 2021; effective September 28, 2021.

Tenn. Comp. R. & Regs. 0080-03-02-.03 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 52-304, and 53-3-104.
• Administrative History: Original rule certified June 5, 1974. Repeal filed June 30, 2021; effective September 28, 2021.

Tenn. Comp. R. & Regs. 0080-03-02-.04 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 52-304, and 53-3-104.
• Administrative History: Original rule certified June 5, 1974. Repeal filed June 30, 2021; effective September 28, 2021.

Tenn. Comp. R. & Regs. 0080-03-02-.05 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 52-304, and 53-3-104.
• Administrative History: Original rule certified June 5, 1974. Repeal filed June 30, 2021; effective September 28, 2021.

Tenn. Comp. R. & Regs. 0080-03-02-.06 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 52-304, and 53-3-104.
• Administrative History: Original rule certified June 5, 1974. Repeal filed June 30, 2021; effective September 28, 2021.

Tenn. Comp. R. & Regs. 0080-03-02-.07 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 52-304, and 53-3-104.
• Administrative History: Original rule certified June 5, 1974. Repeal filed June 30, 2021; effective September 28, 2021.

Tenn. Comp. R. & Regs. 0080-03-02-.08 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 52-304, and 53-3-104.
• Administrative History: Original rule certified June 5, 1974. Repeal filed June 30, 2021; effective September 28, 2021.

Tenn. Comp. R. & Regs. 0080-03-02-.09 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 52-304, and 53-3-104.
• Administrative History: Original rule certified June 5, 1974. Repeal filed June 30, 2021; effective September 28, 2021.

Tenn. Comp. R. & Regs. 0080-03-02-.10 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 52-304, and 53-3-104.
• Administrative History: Original rule certified June 5, 1974. Repeal filed June 30, 2021; effective September 28, 2021.

Tenn. Comp. R. & Regs. 0080-03-02-.11 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 52-304, and 53-3-104.
• Administrative History: Original rule certified June 5, 1974. Repeal filed June 30, 2021; effective September 28, 2021.

Tenn. Comp. R. & Regs. 0080-03-02-.12 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 52-304, and 53-3-104.
• Administrative History: Original rule certified June 5, 1974. Repeal filed June 30, 2021; effective September 28, 2021.

Tenn. Comp. R. & Regs. 0080-03-02-.13 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 52-304, and 53-3-104.
• Administrative History: Original rule certified June 5, 1974. Repeal filed June 30, 2021; effective September 28, 2021.

Tenn. Comp. R. & Regs. 0080-03-02-.14 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 52-304, and 53-3-104.
• Administrative History: Original rule certified June 5, 1974. Repeal filed June 30, 2021; effective September 28, 2021.

Tenn. Comp. R. & Regs. 0080-03-02-.15 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 52-304, and 53-3-104.
• Administrative History: Original rule certified June 5, 1974. Repeal filed June 30, 2021; effective September 28, 2021.

Tenn. Comp. R. & Regs. 0080-03-02-.16 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 52-304, and 53-3-104.
• Administrative History: Original rule certified June 5, 1974. Repeal filed June 30, 2021; effective September 28, 2021.

Tenn. Comp. R. & Regs. 0080-03-02-.17 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 52-304, and 53-3-104.
• Administrative History: Original rule certified June 5, 1974. Repeal filed June 30, 2021; effective September 28, 2021.

Chapter 0080-03-03 Repealed

Tenn. Comp. R. & Regs. 0080-03-03-.01 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 52-304, and 53-3-104.
• Administrative History: Original rule certified June 5, 1974. Amendment filed February 19, 1976; effective March 20, 1976. Amendment filed September 29, 1986; November 13, 1986. Repeal filed June 30, 2021; effective September 28, 2021.

Tenn. Comp. R. & Regs. 0080-03-03-.05 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 52-304, and 53-3-104.
• Administrative History: Original rule certified June 5, 1974. Amendment filed September 29, 1986; effective November 13, 1986. Repeal filed June 30, 2021; effective September 28, 2021.

Tenn. Comp. R. & Regs. 0080-03-03-.02 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 52-304, and 53-3-104.
• Administrative History: Original rule certified June 5, 1974. Amendment filed February 19, 1976; effective March 20, 1976. Amendment filed September 29, 1986; effective November 13, 1986. Repeal filed June 30, 2021; effective September 28, 2021.

Tenn. Comp. R. & Regs. 0080-03-03-.03 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 52-304, and 53-3-104.
• Administrative History: Original rule certified June 5, 1974. Amendment filed February 19, 1976; effective March 20, 1976. Amendment filed September 29, 1986; effective November 13, 1986. Repeal filed June 30, 2021; effective September 28, 2021.

Tenn. Comp. R. & Regs. 0080-03-03-.04 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 52-304, and 53-3-104.
• Administrative History: Original rule filed June 5, 1974. Amendment filed September 29, 1986; effective November 13, 1986. Repeal filed June 30, 2021; effective September 28, 2021.

Chapter 0080-03-04 Repealed

Tenn. Comp. R. & Regs. 0080-03-04-.01 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 52-304, and 53-3-104.
• Administrative History: Original rule certified June 5, 1974. Amendments filed February 19, 1976; effective March 20, 1976. Amendment filed October 24, 1978; effective December 11, 1978. Amendment filed September 18, 2015; effective December 17, 2015. Repeal filed June 30, 2021; effective September 28, 2021.

Tenn. Comp. R. & Regs. 0080-03-04-.03 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 52-304, and 53-3-104.
• Administrative History: Original rule certified June 5, 1974. Amendment filed September 18, 2015; effective December 17, 2015. Repeal filed June 30, 2021; effective September 28, 2021.

Tenn. Comp. R. & Regs. 0080-03-04-.02 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 52-304, and 53-3-104.
• Administrative History: Original rule certified June 5, 1974. Repeal filed June 30, 2021; effective September 28, 2021. Repeal filed June 30, 2021; effective September 28, 2021.

Chapter 0080-03-05 Repealed

Tenn. Comp. R. & Regs. 0080-03-05-.01 REPEALED

History

• Authority: T.C.A. § 53-3-203(d)(1).
• Administrative History: Original rule filed April 14, 1975; effective May 14, 1975. Repeal filed May 31, 2013; effective October 29, 2013.

Tenn. Comp. R. & Regs. 0080-03-05-.02 REPEALED

History

• Authority: T.C.A. § 53-3-203(d)(1).
• Administrative History: Original rule filed April 14, 1975; effective May 14, 1975. Repeal filed May 31, 2013; effective October 29, 2013.

Tenn. Comp. R. & Regs. 0080-03-05-.03 REPEALED

History

• Authority: T.C.A. § 53-3-203(d)(1).
• Administrative History: Original Rule filed April 14, 1975; effective May 14, 1975. Repeal filed May 31, 2013; effective October 29, 2013.

Chapter 0080-03-06 Repealed

Tenn. Comp. R. & Regs. 0080-03-06-.01 REPEALED

History

• Authority: T.C.A. § 53-3-203(d)(1). Administrative History. Original rule filed April 14, 1975, effective May 14, 1975. Repeal filed May 31, 2013; effective October 29, 2013.

Tenn. Comp. R. & Regs. 0080-03-06-.02 REPEALED

History

• Authority: T.C.A. § 53-3-203(d)(1). Administrative History. Original rule filed April 14, 1975, effective May 14, 1975. Repeal filed May 31, 2013; effective October 29, 2013.

Tenn. Comp. R. & Regs. 0080-03-06-.03 REPEALED

History

• Authority: T.C.A. § 53-3-203(d)(1). Administrative History. Original rule filed April 14, 1975, effective May 14, 1975. Repeal filed May 31, 2013; effective October 29, 2013.

Chapter 0080-03-07 Tennessee Dairy Promotion Committee

Tenn. Comp. R. & Regs. 0080-03-07-.01 DEFINITIONS

(1) “Committee” means Tennessee Dairy Promotion Committee.

(2) “Commissioner” means Commissioner of Tennessee Department of Agriculture.

(3) “Producer” means every person in the State of Tennessee who produces milk or cream from cows and thereafter causes the same to marketed as milk, cream or other milk and dairy products who have been issued and possess a valid current producer’s permit, or certification, issued by the Department of Agriculture.

(4) “Assessment” means the amounts collected from producers pursuant to the Dairy and Tobacco Adjustment Act of 1983, 7 C.F.R. 1150 and the Tennessee Dairy Industry Promotion Act, T.C.A. §§ 44-19-101, et seq.

(5) “Qualified Program” means any state or regional dairy product promotion, research, or nutrition education program which is certified pursuant to 7 C.F.R. 1150.153.

(6) “National Dairy Promotion and Research Board” means the Board established pursuant to 7 C.F.R. 1150.131 to administer the Dairy Promotion Program.

History

• Authority: T.C.A. § 44-19-120 and Public Chapter 948 of 1984, § 20.
• Administrative History: Original rule filed September 20, 1984; effective October 20, 1984. Amendments filed April 25, 2018; effective July 24, 2018.

Tenn. Comp. R. & Regs. 0080-03-07-.02 QUALIFICATIONS OF MEMBERS

Any producer as defined in Rule 0080-03-07-.01 definitions shall be qualified to be a member of the Committee.

History

• Authority: Public Chapter 948 of 1984, §§ 14(b) and 20.
• Administrative History: Original rule filed September 20, 1984; effective October 20, 1984.

Tenn. Comp. R. & Regs. 0080-03-07-.03 NOMINATION PROCEDURES

(1) The Committee shall be appointed by the Commissioner from nominations received from Agricultural Dairy Cooperatives and independent producers who are not members of the Agricultural Dairy Cooperatives.

(2) All nominations shall be in writing and shall contain the following information:

(a) The name, address and telephone number of the person nominated;

(b) The name and address of the person submitting the nomination;

(c) Whether the person nominated markets milk through an agricultural dairy cooperative (and if so, which one), or by direct sale, and;

(d) The signature of the person submitting the nomination.

(3) Only those producers that market milk by direct sale may nominate persons to the Committee to represent those who market by direct sale. Only agricultural dairy cooperatives may nominate persons to the Committee to represent those producers who market through agricultural dairy cooperatives.

(a) Members of the Committee who cease to be producers as defined in this chapter, or Committee members who change their method of marketing shall cease to be members of the Committee, and their vacancies may be filled based upon previous nominations.

(4) The Commissioner may publish and/or give written notice, to the extent practicable, to dairy producers that nominations for appointment to the Committee will be accepted for a period of two (2) weeks beginning on the date of such notice. If given, such notice shall state that the nominations shall be in writing and shall contain the information set forth in paragraph (2)(a)(b)(c)(d) of this rule. All appointments of members to fill vacancies, whenever and/or however they may occur, may be made by the Commissioner based upon previous nominations; or, he may fill the vacancies from new nominations made pursuant to the provisions set forth in this rule. Current members may be reappointed to the Committee based on their previous nominations.

History

• Authority: T.C.A. § 44-19-120 and Public Chapter 948 of 1984, §§ 14(b) and 20.
• Administrative History: Original rule filed September 20, 1984; effective October 20, 1984. Amendment filed October 14, 1991; effective November 28, 1991.

Tenn. Comp. R. & Regs. 0080-03-07-.04 TERMS OF OFFICE

(1) Each voting member of the Committee shall serve for a period of two (2) years beginning on July 1 and ending June 30th of the appropriate year, except, however, approximately one-half of the Committee members shall be appointed to terms that shall expire on odd-numbered years and approximately one-half of the Committee shall be appointed to terms that shall expire on even-numbered years.

(2) Members of the Committee may be nominated and appointed for an unlimited number of terms consecutive or otherwise.

(3) The ex-officio member shall serve as long as he holds the office by virtue of which he is a member of the Committee.

(4) A chairman, vice-chairman, and a secretary-treasurer shall be elected from among the Committee members at the first meeting after appointment to the Committee. The term of office of each officer shall be one year, but each officer, if re-elected at the expiration of his term, may serve for unlimited terms.

History

• Authority: T.C.A. § 44-19-120 and Public Chapter 948 of 1984, §§ 14(b) and 20.
• Administrative History: Original rule filed September 20, 1984; effective October 20,1984. Amendment filed October 14, 1991; effective November 28, 1991.

Tenn. Comp. R. & Regs. 0080-03-07-.05 REPRESENTATION AND NUMBER OF MEMBERS

(1) There shall be eleven (11) voting members of the Committee and one (1) non-voting ex-officio member, who shall be the Commissioner of Agriculture.

(2) The Committtee shall be comprised of producers appointed for representation in proportion to the method of marketing, either through agricultural dairy cooperatives or by direct sale based upon a percentage of total yearly income derived from each marketing method.

(3) The Commissioner shall annually review the proportional number of producers that market through agricultural dairy cooperatives and those that market through direct sales, so that appointments to the Committee can be made in accordance with this rule to insure fair representation.

History

• Authority: T.C.A. § 44-19-120 and Public Chapter 948 of 1984, §§ 14(b) and 20.
• Administrative History: Original rule filed September 20, 1984; effective October 20, 1984. Amendment filed October 14, 1991; effective November 28, 1991.

Tenn. Comp. R. & Regs. 0080-03-07-.06 REDIRECTION OF ASSESSMENT

The Committee may, upon receipt of a request from a producer to redirect that portion of the producer’s assessment credited to the Committee, honor that request by forwarding an amount equal to the amount of credit that otherwise would be applicable to the Committee, to a qualified program designated by the producer; or, if no qualified program is designated, to the National Dairy Promotion and Research Board.

History

• Authority: T.C.A. § 44-19-120.
• Administrative History: Original rule filed April 25, 2018; effective July 24, 2018.

Chapter 0080-03-08 Repealed

Tenn. Comp. R. & Regs. 0080-03-08-.01 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-1-703, 53-3-104, and 53-3-106.
• Administrative History: Original rule filed March 24, 2016; effective June 22, 2016. Amendments filed March 30, 2017; effective June 28, 2017. Repeal filed May 8, 2026; effective August 6, 2026.

Tenn. Comp. R. & Regs. 0080-03-08-.04 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-1-703, 53-3-104, and 53-3-105.
• Administrative History: Original rule filed March 24, 2016; effective June 22, 2016. Repeal filed May 8, 2026; effective August 6, 2026.

Tenn. Comp. R. & Regs. 0080-03-08-.02 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-1-703, 53-3-104, and 53-3-106.
• Administrative History: Original rule filed March 24, 2016; effective June 22, 2016. Amendments filed March 30, 2017; effective June 28, 2017. Repeal filed May 8, 2026; effective August 6, 2026.

Tenn. Comp. R. & Regs. 0080-03-08-.03 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-1-703, 53-3-104, and 53-3-106.
• Administrative History: Original rule filed March 24, 2016; effective June 22, 2016. Repeal filed May 8, 2026; effective August 6, 2026.

Chapter 0080-04-01 Repealed

Tenn. Comp. R. & Regs. 0080-04-01-.01 REPEALED

History

• Authority: T.C.A. §§ 52-915 - 52-934 and 52-927.
• Administrative History: Original Rule certified June 5, 1974. Repeal filed December 23, 2015; effective March 22, 2016.

Tenn. Comp. R. & Regs. 0080-04-01-.02 REPEALED

History

• Authority: T.C.A. §§ 52-915 - 52-934 and 52-927.
• Administrative History: Original Rule certified June 5, 1974. Repeal filed December 23, 2015; effective March 22, 2016.

Tenn. Comp. R. & Regs. 0080-04-01-.03 THROUGH 0080-04-01-.142 REPEALED

History

• Authority: T.C.A. § 4-5-225.
• Administrative History: Original rule certified June 5, 1974. Repeal by Public Chapter 261; effective July 1, 1983.

Tenn. Comp. R. & Regs. 0080-04-01-.143 REPEALED

History

• Authority: T.C.A. §§ 52-915-52-934 and 52-927.
• Administrative History: Original rule certified June 5, 1974. Repeal filed December 23, 2015; effective March 22, 2016.

Tenn. Comp. R. & Regs. 0080-04-01-.144 AND 0080-04-01-.145 REPEALED

History

• Authority: T.C.A. § 4-5-225.
• Administrative History: Original rules certified June 5, 1974. Repeal by Public Chapter 261; effective July 1, 1983.

Tenn. Comp. R. & Regs. 0080-04-01-.146 REPEALED

History

• Authority: T.C.A. §§ 52-915 - 52-934 and 52-927.
• Administrative History: Original rule certified June 5, 1974. Repeal filed December 23, 2015; effective March 22, 2016.

Tenn. Comp. R. & Regs. 0080-04-01-.147 THROUGH 0080-04-01-.152 REPEALED

History

• Authority: T.C.A. § 4-5-225.
• Administrative History: Original rules certified June 5, 1974. Repeal by Public Chapter 261: effective July 1, 1983.

Tenn. Comp. R. & Regs. 0080-04-01-.153 THROUGH 0080-04-01-.189 REPEALED

History

• Authority: T.C.A. §§ 52-915 - 52-934 and 52-927.
• Administrative History: Original rule certified June 5, 1974. Repeal filed December 23, 2015; effective March 22, 2016. REGULATIONS ON MEAT AND POULTRY INSPECTION CHAPTER-0080-04-01

Tenn. Comp. R. & Regs. 0080-04-01-.191 REPEALED

History

• Authority: T.C.A. §§ 52-915 - 52-934 and 52-927.
• Administrative History: Original rule certified June 5, 1974. Repeal filed December 23, 2015; effective March 22, 2016.

Tenn. Comp. R. & Regs. 0080-04-01-.194 REPEALED

History

• Authority: T.C.A. §§ 52-915 - 52-934 and 52-927.
• Administrative History: Original rule certified June 5, 1974. Repeal filed December 23, 2015; effective March 22, 2016.

Tenn. Comp. R. & Regs. 0080-04-01-.195 REPEALED

History

• Authority: T.C.A. §§ 52-915 - 52-934 and 52-927.
• Administrative History: Original rule certified June 5, 1974. Repeal filed December 23, 2015; effective March 22, 2016.

Tenn. Comp. R. & Regs. 0080-04-01-.196 REPEALED

History

• Authority: T.C.A. §§ 52-915 - 52-934 and 52-927.
• Administrative History: Original rule certified June 5, 1974. Repeal filed December 23, 2015; effective March 22, 2016.

Tenn. Comp. R. & Regs. 0080-04-01-.198 REPEALED

History

• Authority: T.C.A. §§ 52-915 - 52-934 and 52-927.
• Administrative History: Original rule certified June 5, 1974. Repeal filed December 23, 2015; effective March 22, 2016.

Tenn. Comp. R. & Regs. 0080-04-01-.199 REPEALED

History

• Authority: T.C.A. §§ 52-915 - 52-934 and 52-927.
• Administrative History: Original rule certified June 5, 1974. Repeal filed December 23, 2015; effective March 22, 2016.

Tenn. Comp. R. & Regs. 0080-04-01-.200 REPEALED

History

• Authority: T.C.A. §§ 52-915 - 52-934 and 52-927.
• Administrative History: Original rule certified June 5, 1974. Repeal filed December 23, 2015; effective March 22, 2016.

Tenn. Comp. R. & Regs. 0080-04-01-.201 THROUGH 0080-04-01-.206 REPEALED

History

• Authority: T.C.A. § 4-5-225.
• Administrative History: Original rules certified June 5, 1974. Repeal by Public Chapter 261; effective July 1, 1983.

Tenn. Comp. R. & Regs. 0080-04-01-.207 REPEALED

History

• Authority: T.C.A. §§ 52-915 - 52-934 and 52-927.
• Administrative History: Original rule certified June 5, 1974. Repeal filed December 23, 2015; effective March 22, 2016. REGULATIONS ON MEAT AND POULTRY INSPECTION CHAPTER-0080-04-01

Tenn. Comp. R. & Regs. 0080-04-01-.208 REPEALED

History

• Authority: T.C.A. §§ 52-915 - 52-934 and 52-927.
• Administrative History: Original rule certified June 5, 1974. Repeal filed December 23, 2015; effective March 22, 2016.

Tenn. Comp. R. & Regs. 0080-04-01-.209 THROUGH 0080-04-01-.214 REPEALED

History

• Authority: T.C.A. § 4-5-225.
• Administrative History: Original rules certified June 5, 1974. Repeal by Public Chapter 261; effective July 1, 1983.

Tenn. Comp. R. & Regs. 0080-04-01-.215 REPEALED

History

• Authority: T.C.A. §§ 52-915 - 52-934 and 52-927.
• Administrative History: Original rule certified June 5, 1974. Repeal filed December 23, 2015; effective March 22, 2016.

Tenn. Comp. R. & Regs. 0080-04-01-.216 THROUGH 0080-04-01-.222 REPEALED

History

• Authority: T.C.A. § 4-5-225.
• Administrative History: Original rules certified June 5, 1974. Repeal by Public Chapter 261; effective July 1, 1983.

Tenn. Comp. R. & Regs. 0080-04-01-.223 REPEALED

History

• Authority: T.C.A. §§ 52-915 - 52-934 and 52-927.
• Administrative History: Original rule certified June 5, 1974. Repeal filed December 23, 2015; effective March 22, 2016.

Tenn. Comp. R. & Regs. 0080-04-01-.224 THROUGH 0080-04-01-.235 REPEALED

History

• Authority: T.C.A. § 4-5-225.
• Administrative History: Original rules certified June 5, 1974. Repeal by Public Chapter 261; effective July 1, 1983.

Chapter 0080-04-02 Dairy

Tenn. Comp. R. & Regs. 0080-04-02-.01 SCOPE

(1) This chapter applies to any person who, in commerce, produces, stores, transports, handles, processes, packages, or labels dairy products, trade products, or bulk milk for use in producing dairy products or trade products.

(2) The department shall not refund fees for early termination of any license issued under this

chapter.

(3) Licenses issued under this chapter are not transferable from person to person or location to location.

History

• Authority: T.C.A. §§ 4-3-203 and 53-3-104.
• Administrative History: Original chapter certified June 5, 1974. Repeal by Public Chapter 261, effective July 1, 1983. New rules filed May 8, 2026; effective August 6, 2026.

Tenn. Comp. R. & Regs. 0080-04-02-.02 DEFINITIONS

(1) Terms in this chapter share those meanings of terms in T.C.A. Title 53, Chapter 3, otherwise referenced as the Dairy Law of the State of Tennessee.

(2) When used in this chapter, unless the context requires otherwise:

(a) “Act” means the Dairy Law of the State of Tennessee;

(b) “Adulterated milk” has the same meaning as T.C.A. § 53-1-104 and includes any milk into which a foreign substance has been added or introduced. For purposes of this definition, any milk, a sample of which is collected according to protocols established by the department and determined to have a cryoscope reading of greater than -0.528 H, is adulterated by the presence of added water;

(c) “Commerce” or similar words mean involving payment for an item or payment for services incident to production of the item;

(d) “Mix” means the pasteurized unfrozen combination of two or more ingredients permitted in a frozen dessert with or without fruits, fruit juices, candy, baked goods and confections, nut meats, or other ingredients, food additives, or food colorings; and (e) “Pasteurized Milk Ordinance” or “PMO” means the most current edition of the Grade “A” Pasteurized Milk Ordinance, as published by the United States Food and Drug Administration.

History

• Authority: T.C.A. §§ 4-3-203 and 53-3-104.
• Administrative History: New rules filed May 8, 2026; effective August 6, 2026.

Tenn. Comp. R. & Regs. 0080-04-02-.03 LICENSE APPLICATION AND FEES

(1) Applicants for any license under this chapter must submit required information on forms provided by the department, which may include:

(a) Name of the applicant;

(b) Date of birth of any applicant who is an individual or a partner in a general partnership;

(c) Proof of registration in its state of incorporation for any applicant that is a formalized business entity;

(d) Contact information for applicant, to include name of person legally responsible for applicant’s operations, telephone number, email address, and address of principal place of business;

(e) Address of location to be licensed; and (f) Other information as required by the department.

(2) Applicants for a license shall include with their application payment of an annual license fee as appropriate for the following categories of licenses.

(a) Plants Receiving Fluid Milk or Cream. Every dairy products plant or trade products plant that receives primarily milk or cream for manufacturing, processing, or packaging of its products shall pay an annual license fee based on the plant’s period of operation and combined weight of milk and cream received during the previous calendar year (January 1–December 31). The fee shall be determined under T.C.A. § 43-1-703(f) according to the following schedule.

1. Up to 10,000 pounds of milk and cream received and plant operated less than six months: Tier 5 fee.

2. Up to 10,000 pounds of milk and cream received and plant operated six months or more: Tier 9 fee.

3. 10,001 to 1,000,000 pounds of milk and cream received: Tier 10 fee.

4. 1,000,001 to 30,000,000 pounds of milk and cream received: Tier 11 fee.

5. More than 30,000,000 pounds of milk and cream received: the license fee shall be determined by dividing the total pounds of milk and cream received by 30,000,000 pounds, and multiplying the dividend by a Tier 11 fee.

(b) Plants Not Receiving Milk or Cream. Every dairy products plant or trade products plant that does not receive primarily milk or cream for manufacturing, processing, or packaging of its products shall pay an annual license fee based on the plant’s output of dairy and trade products during the previous calendar year (January 1–December 31).

The fee shall be determined under T.C.A. § 43-1-703(f) according to the following schedule.

1. Up to 10,000 pounds of product manufactured, processed, or packaged: Tier 5 fee.

2. 10,001 to 1,000,000 pounds of product manufactured, processed, or packaged:

Tier 10 fee.

3. 1,000,001 to 30,000,000 pounds of product manufactured, processed, or packaged: Tier 11 fee.

4. More than 30,000,000 pounds of product manufactured, processed, or packaged: the license fee shall be determined by dividing the total pounds of product manufactured, processed, or packaged by 30,000,000 pounds, and multiplying the dividend by a Tier 11 fee.

(c) Frozen Dessert Manufacturer. The annual fee for a frozen dessert manufacturer license is determined based on the volume of mix used by the applicant during the previous calendar year (January 1–December 31), provided that $200 shall be the minimum fee for any frozen dessert manufacturer license issued by the department.

1. Up to 5,000 gallons and manufacturer operated less than six months: Tier 5 fee.

2. Up to 5,000 gallons and manufacturer operated six months or more: Tier 9 fee.

3. More than 5,000 gallons up to 100,000 gallons: Tier 10 fee.

4. More than 100,000 gallons up to 1,650,000 gallons: Tier 11 fee.

5. More than 1,650,000 gallons: the license fee shall be determined by dividing the volume of mix used by 1,650,000 gallons, and multiplying the dividend by a Tier 11 fee.

(d) Distributor. The annual fee for a distributor license is a Tier 1 fee multiplied by the number of trucks used by the applicant for distribution of dairy products, trade products, or frozen desserts during the previous calendar year (January 1–December 31).

(e) Sampler. The annual fee for a sampler license is a Tier 1 fee. However, no license fee is required for a sampler employed exclusively by a licensed dairy products plant, trade products plant, or frozen dessert manufacturer.

(f) Tester. The annual fee for a tester license is a Tier 2 fee. However, no license fee is required for a tester employed exclusively by a licensed dairy products plant, trade products plant, or frozen dessert manufacturer.

(g) Dairy Farm. A dairy farm permit is required annually for any person who produces bulk milk or dairy products in commerce. Annual fees for dairy farm permits are not required.

(3) Licensees must notify the department of any changes to the contents of their application on file within 30 days after the change takes place, including any change of contact information.

(4) Licenses issued under this chapter expire on June 30 of the licensing cycle for which they are issued. Applicants for renewal must submit to the department on or before the following July 1 payment of the annual license fee. If an applicant for renewal fails to pay the annual license fee by the following July 16, the applicant shall also be required to pay a 50% late charge for the license prior to its renewal.

(5) The department may deny any application for licensure that is not completed in full or that is not completed in conformance with this rule.

History

• Authority: T.C.A. §§ 4-3-203, 43-1-703, 53-3-104, 53-3-105, and 53-3-106.
• Administrative History: New rules filed May 8, 2026; effective August 6, 2026.

Tenn. Comp. R. & Regs. 0080-04-02-.04 GRADE “A” PASTEURIZED MILK ORDINANCE

(1) The department adopts by reference all substantive provisions of the Pasteurized Milk Ordinance, as applicable to commercial production, storage, transportation, handling, processing, packaging, or labeling of dairy products, trade products, or bulk milk.

(2) No portion of the Pasteurized Milk Ordinance may be relied upon for administrative procedures or regulatory enforcement actions of licensees. Administrative procedures and regulatory actions with respect to licensees must conform with state law, including but not limited to requirements of the Uniform Administrative Procedures Act and constitutional protections of due process.

History

• Authority: T.C.A. §§ 4-3-203 and 53-3-104.
• Administrative History: New rules filed May 8, 2026; effective August 6, 2026.

Tenn. Comp. R. & Regs. 0080-04-02-.05 UNIFORM CODE SYSTEM FOR PRODUCT IDENTIFICATION

(1) All product plants must display on all dairy and trade product consumer packages plant numbers in the following format:

(a) Plant numbers employ five digits. The first two digits are 47 and must be separated from the last three digits by a dash, e.g. 47-000.

(b) The third digit represents the type of operation for which the number is issued. Number 1 indicates a fluid milk or Grade “A” plant operation, e.g. 47-100. Number 2 indicates a frozen dessert manufacturer, e.g. 47-200. Number 3 indicates any other manufacturing plant operation, e.g. 47-300.

(c) The fourth and fifth digits identify the individual plant.

(2) If a product is processed by one company and distributed by another, the name and address of the processor or the distributor must be included on the information panel of the product and the name and address must correspond with the plant number included on the product. If a processor operates more than one plant, in lieu of the actual address of the product plant the processor may include the address of its office headquarters.

(3) A person shall not produce or move in commerce consumer packages of dairy products or trade products unless they include individual plant numbers, authorized by the department and legible as displayed on the consumer package.

History

• Authority: T.C.A. §§ 4-3-203 and 53-3-104.
• Administrative History: New rules filed May 8, 2026; effective August 6, 2026.

Tenn. Comp. R. & Regs. 0080-04-02-.06 VIOLATIONS

(1) A person is responsible for violations of the Act or this chapter when committed by either the person or their agent.

(2) Each violation of the Act or this chapter is grounds for issuance of hold or destruction orders for any dairy product or trade product held by the violator or their agent; denial, suspension, or revocation of any license or registration issued by the department; actions for injunction; imposition of civil penalties; and/or pursuit of criminal charges against the violator.

History

• Authority: T.C.A. §§ 4-3-203 and 53-3-104.
• Administrative History: New rules filed May 8, 2026; effective August 6, 2026.

Chapter 0080-04-03 Distilled Spirits

Tenn. Comp. R. & Regs. 0080-04-03-.01 SCOPE

(1) This chapter applies to any person who produces distilled spirits in commerce.

(2) Persons licensed under this chapter shall be responsible for operations under their license until it expires or until the department receives written notification from the licensee desiring to terminate the license. The department shall not refund fees for early termination of any license issued under this chapter.

(3) Licenses issued under this chapter are not transferable from person to person or location to location.

History

• Authority: T.C.A. §§ 4-3-203 and 53-1-207.
• Administrative History: Original rule certified June 5, 1974. Repeal filed December 23, 2015; effective March 22, 2016. New rules filed November 14, 2019; effective February 12, 2020.

Tenn. Comp. R. & Regs. 0080-04-03-.02 DEFINITIONS

(1) Terms in this chapter share those meanings of terms set forth in the Tennessee Food, Drug and Cosmetic Act, T.C.A. §§ 53-1-101, et seq.

(2) When used in this chapter, unless the context requires otherwise:

(a) “Act” means the Tennessee Food, Drug and Cosmetic Act, compiled at T.C.A. §§ 53-1- 101, et seq.;

(b) “Aging” means the holding of distilled spirits undisturbed and within a closed container, immediately following distillation typically to acquire some desirable quality to the spirits;

(c) “Commerce” or words of similar import mean involving payment for an item or payment for services incident to production of the item;

(d) “Distillation” means the separation of a component substance from a liquid mixture by successive evaporation and condensation;

(e) “Distilled spirits” means a beverage with an alcohol content of at least eight percent by weight;

(f) “Food” means those articles defined under the Act and includes distilled spirits;

(g) “Food contact surface” means the surface of equipment or utensils that typically touch food or that may convey a substance onto food or another food contact surface; and, (h) “Post-maturation” means related to any production process (e.g. blending, filtration, bottling, etc.) that follows removal of distilled spirits from distillation or aging, whichever occurs later.

History

• Authority: T.C.A. §§ 4-3-203 and 53-1-207.
• Administrative History: Original rule certified June 5, 1974. Repeal filed December 23, 2015; effective March 22, 2016. New rules filed November 14, 2019; effective February 12, 2020.

Tenn. Comp. R. & Regs. 0080-04-03-.03 LICENSE APPLICATION AND FEES

(1) A distilled spirits license is required for each location where distilled spirits are produced in commerce.

(2) Application for a license shall be made on forms provided by the department, which shall be completed in full and may include:

(a) Name of the applicant;

(b) Date of birth of any applicant who is an individual or a partner in a general partnership;

(c) Proof of one of the following for any applicant that is not an individual or a partner in a general partnership:

1. Applicant’s registration in its state of incorporation; or, 2. Applicant’s business license issued by a local governmental authority;

(d) Contact information for applicant to include name of person legally responsible for applicant’s operations, telephone number, email address, and address of the principal place of business;

(e) Address of the location to be licensed for production of distilled spirits in commerce; and, (f) Other information as required by the department.

(3) Licensees shall notify the department of any changes to the information or contents of an application within 30 days after the change takes place.

(4) The fee for a distilled spirits license is a Tier 2 annual fee under T.C.A. § 43-1-703(f) for production facilities up to 10,000 square feet, and a Tier 3 annual fee under T.C.A. § 43-1- 703(f) for production facilities larger than 10,000 square feet.

(5) License applicants shall submit an application and license fee to the department on or before July 1 of each year. Licenses expire on June 30 following their issuance. If an applicant for renewal fails to submit payment of the license fee on or before the following July 16, the applicant shall also be required to pay a late charge assessed under T.C.A. § 43-1-703 prior to renewal of the license.

(6) It is the intent of the department that licensees not be unduly required to pay multiple license fees under departmental rules regarding food production. In order to minimize payment of multiple license fees, the department may determine in its discretion the primary business of a licensee (e.g. commercial food manufacturer, retail food store, distilled spirits producer, etc.) and waive those license fees associated with other food licenses issued by the department for ancillary operations of the business. Waiver of license fees for ancillary operations shall not exempt licensees from regulatory requirements otherwise applicable to those ancillary operations.

(7) The department may deny any application for licensure that is not completed in accordance with this rule.

History

• Authority: T.C.A. §§ 4-3-203 and 53-1-207.
• Administrative History: Original rule certified June 5, 1974. Repeal filed December 23, 2015; effective March 22, 2016. New rules filed November 14, 2019; effective February 12, 2020.

Tenn. Comp. R. & Regs. 0080-04-03-.04 PRODUCTION STANDARDS

(1) Personnel. The following requirements apply to any person working in direct contact with food, food contact surfaces, or food packaging during a post maturation process.

(a) Personnel shall not exhibit obvious symptoms of disease, e.g. open lesions, boils, sores, or infected wounds, etc.

(b) Personnel shall exhibit adequate hygienic practices and personal cleanliness reasonably necessary to prevent food contamination.

(c) Personnel shall ensure that gloves worn are impermeable and maintained in a clean and sanitary condition.

(d) Personnel shall not store personal belongings or consume food or tobacco in areas where food is exposed or where equipment and utensils are washed.

(2) Plants and grounds. The following requirements apply to all production facility areas in the immediate vicinity of food, food contact surfaces, or food packaging used in a post maturation process.

(a) Plants and grounds shall be free of live animal activity, including domestic animals.

(b) Plants and grounds shall be free of decomposed pests and equipment, waste, and vegetation that may reasonably attract pests, e.g. birds, rodents, insects, etc. The use of pesticides is permitted only under precautions that adequately protect against contamination of food, food contact surfaces, and food packaging.

(c) Plants and grounds shall be constructed of materials that can be adequately cleaned and maintained in good repair reasonably necessary to prevent food contamination.

(d) Plants and grounds shall include adequate screening for protection against pests.

(e) Plants and grounds shall not allow drip or condensate to contaminate food, food contact surfaces, or food packaging, e.g. from fixtures, ducts, or pipes.

(3) Facility controls. The following requirements apply to all production facilities licensed for the production of distilled spirits.

(a) Facilities shall be supplied with sufficient water from a safe and adequate source reasonably necessary to prevent food contamination. Facilities shall provide water of suitable temperature and adequate pressure in all areas where necessary for employee sanitary practices, food processing, and cleaning of food contact surfaces.

(b) Facilities shall maintain plumbing of adequate size, design, and construction necessary to convey sewage and liquid waste from the production facility and to prevent backflow or cross connection between potable and non-potable water systems.

(c) Facilities shall include hand washing stations supplied with water of a suitable temperature and properly located and stocked (e.g. soap, sanitizers, drying devices, etc.) necessary to facilitate employee handwashing reasonably necessary to prevent food contamination.

(4) Operations. The following requirements apply to all production facility areas in the immediate vicinity of food, food contact surfaces, or food packaging used in a post maturation process.

(a) Licensees shall maintain all physical facilities (e.g. buildings, fixtures, storage areas, etc.) in a sanitary condition and maintained in good repair reasonably necessary to prevent food contamination.

(b) Licensees shall use only cleaning compounds and sanitizing agents that are free from undesirable microorganisms and that are safe and adequate to clean or sanitize under the conditions of use.

(c) Licensees shall clean all food contact surfaces in a manner and frequency reasonably necessary to prevent food contamination.

(d) Licensees shall use only equipment and utensils that are designed and constructed of materials that can be adequately cleaned and maintained in good repair reasonably necessary to prevent food contamination.

History

• Authority: T.C.A. §§ 4-3-203 and 53-1-207.
• Administrative History: Original rule certified June 5, 1974. Repeal filed December 23, 2015; effective March 22, 2016. New rules filed November 14, 2019; effective February 12, 2020.

Tenn. Comp. R. & Regs. 0080-04-03-.05 SAMPLING AND INSPECTIONS

(1) Scope. The department may enter during normal business hours any location, licensed by the department, for purposes of examining and copying of records and inspecting any food, food contact surface, or food packaging used in a post-maturation process as necessary to determine compliance with the Act and this chapter.

(2) Sampling. The department may conduct sampling of any distilled spirit or other material used in post-maturation process at a location licensed by the department. A sample collected according to uniform protocols approved by the commissioner shall be deemed representative of the location, production run, or lesser lot from which the sample was obtained.

History

• Authority: T.C.A. §§ 4-3-203 and 53-1-207.
• Administrative History: Original rule certified June 5, 1974. Repeal filed December 23, 2015; effective March 22, 2016. New rules filed November 14, 2019; effective February 12, 2020.

Tenn. Comp. R. & Regs. 0080-04-03-.06 VIOLATIONS

(1) Requirements of licensees.

(a) In addition to other requirements of the Act and this chapter, licensees shall:

1. Conduct post-maturation processes only within a permanent structure or building at a location licensed by the department; and, 2. Maintain post-maturation production areas and records so as to be readily accessible for inspection.

(b) In addition to other requirements of the Act and this chapter, licensees shall not:

1. Produce adulterated food in commerce or allow conditions or practices that may reasonably contaminate food in commerce;

2. Provide false or misleading information or records to the department; or, 3. Interfere with an authorized representative of the department in the performance of his duties.

(2) A person is responsible for violation of the Act or this chapter when committed by either the person or his agent.

(3) Each violation of the Act or this chapter is grounds for denial or revocation of any license issued by the department; actions for injunction; and imposition of civil penalties or criminal charges against the violator under T.C.A. § 53-1-203.

History

• Authority: T.C.A. §§ 4-3-203 and 53-1-207.
• Administrative History: Original rule certified June 5, 1974. Repeal filed December 23, 2015; effective March 22, 2016. New rules filed November 14, 2019; effective February 12, 2020.

Tenn. Comp. R. & Regs. 0080-04-03-.07 THROUGH 0080-04-03-.12 REPEALED

History

• Authority: T.C.A. §§ 52-109 and 52-121.
• Administrative History: Original rule certified June 5, 1974. Repeal filed December 23, 2015; effective March 22, 2016.

Chapter 0080-04-04 Regulations on Sulfite Tolerances and Prohibiting Chemicals

Tenn. Comp. R. & Regs. 0080-04-04-.01 GENERAL REGULATIONS

(1)Dried Fruits - 2000 parts sulphur dioxide per million parts of fruit.

(2)Pre-cooked Dehydrated or Dried Potatoes - 100 parts sulphur dioxide per million parts of potato.

(3)Fresh Peeled Potatoes - 100 parts sulphur dioxide per million parts of potato.

(4)Fresh Frozen Apples, Apricots, Peaches, and Pears - 150 parts sulphur dioxide per million parts of fruit.

(5)Maraschino Cherries and Glazed or Decorative Fruits - 150 parts sulphur dioxide per million parts of fruit.

(6)A label must appear on products packed under regulations 1-5 stating in addition to the requirements of Section 52-111 of the Tennessee Code Annotated the following: “Contains_____________ (name of sulfite) to retard discoloration”.

(7)The use of sulphur dioxide or sulfites in meats constitutes a violation of Section 52-103 of the Tennessee Code Annotated, and such use cannot be corrected by labeling.

(8)The addition of Boric Acid or Borates, Salicylic Acid or Salicylates, Formaldehyde, Sulphurous Acid, Hydroluoric Acid or other added poisonous or deletorious ingredients to foods is prohibited.

(9)A preservative, sulfites, or other substances, even though harmless, shall not be used in the preparation of any article of food in a manner whereby damage or inferiority is concealed or the product made to appear better than it actually is. (See Section 52-110 of the Tennessee Code Annotated.)

History

• Authority: T.C.A. §52-121.
• Administrative History: Original Rule certified June 5, 1974.

Tenn. Comp. R. & Regs. 0080-04-04-.02 ARTIFICIALLY COLORED POTATOES

The use of artificial color on potatoes conceals damage or inferiority and makes the product appear to be of higher value or grade than the uncolored product. The condition cannot be corrected by labeling, therefore on and after March 11, 1957, any artificially colored potatoes found on the market will be placed under seizure and the distribution will be subject to the penalties of the Food, Drug and Cosmetic Act.

History

• Authority: T.C.A. §52-121.
• Administrative History: Original Rule certified June 5, 1974.

Chapter 0080-04-05 Banned Hazardous Substances-Liquid Drain Openers Containing Sulfuric Acid

Tenn. Comp. R. & Regs. 0080-04-05-.01 BANNED HAZARDOUS SUBSTANCES

Liquid Drain Openers (Drain Cleaners) containing sulfuric acid and any preparation or product containing sulfuric acid in a concentration of 10 percent or more, intended or packaged in a form suitable for use in households.

History

• Authority: T.C.A. §53-3714.
• Administrative History: Original Rule certified June 5, 1974.

Tenn. Comp. R. & Regs. 0080-04-05-.02 MISBRANDED HAZARDOUS SUBSTANCES

(1)Sulfuric acid or any preparation or product containing free or chemically unneutralized sulfuric acid (H2SO4) in a concentration of 10 percent or more, intended for use by business or service establishments; unless packaged in containers suitable for safe-handling of this corrosive substance; such containers shall be made of materials resistant to the contents, with closures adequate to prevent leakage, and of such design or rigidity to prevent expulsion of the contents when container is grasped; and unless labeled according to the requirements of Chapter 37 Section 53-3713 (o) (1) and the following additional labeling requirements necessary for the protection of the public health and safety.

(2)This regulation shall not apply to sulfuric acid or sulfuric acid solutions intended for use in laboratories and chemical or drug manufacturing, provided that the containers are labeled to conform with the precautionary labeling requirements set forth in Manual L-1, “Guide to Precautionary Labeling of Hazardous Chemicals” published by the Manufacturing Chemists Association.

(3)Labeling Requirements For Sulfuric Acid and Preparations Containing Sulfuric Acid in a Concentration of 10 Percent or More.

(a)The label shall conform to the appropriate requirements of Section 53-3713 (o) (1) with the additional requirements for a substance classified both as corrosive and highly toxic. 1.The principal label shall consist of the following:

(contains) SULFURIC ACID BANNED HAZARDOUS SUBSTANCES- LIQUID DRAINCHAPTER-0080-4-5 OPENERS CONTAINING SULFURIC ACID DANGER! CAUSES SEVERE BURNS Do Not Get In Eyes, On Skin, On Clothing Use Only With Adequate Eye Protect In Case Of Contact, immediately flush skin or eyes with plenty of water for at least 15 minutes; for Eyes get medical attention.

Do Not Add Water To Contents While In A Container Because Of Violent React POISON Call A Physician KEEP OUT OF REACH OF CHILDREN (i)Such information shall appear together on the main panel and distinct apart from other wording or designs. The signal word DANGER! CAUSES SEVERE BURNS and the word POISON shall be in capital letters of not less than 18 point type; and the statements of the contents and principal hazards shall be in capital letters of not less than 12 point type. The label shall contrast with background by use of distinctive typography or color.

(ii)The entire label shall be resistant to attack by the acid contents.

(iii)There shall also appear on the container detailed cautionary information as to safe handling and usage of the product and first aid measures. No words statements may appear that in any manner negates or disclaims any of the required statement of hazards.

History

• Authority: T.C.A. §53-3714.
• Administrative History: Original Rule certified June 5, 1974.

Chapter 0080-04-06 Repealed

Tenn. Comp. R. & Regs. 0080-04-06-.01 REPEALED

History

• Authority: T.C.A. §§ 52-109 and 52-121.
• Administrative History: Original Rule certified June 5, 1974. Repeal filed December 23, 2015; effective March 22, 2016.

Tenn. Comp. R. & Regs. 0080-04-06-.02 REPEALED

History

• Authority: T.C.A. §§ 52-109 and 52-121.
• Administrative History: Original Rule certified June 5, 1974. Repeal filed December 23, 2015; effective March 22, 2016.

Chapter 0080-04-07 Repealed

Tenn. Comp. R. & Regs. 0080-04-07-.01 REPEALED

History

• Authority: T.C.A. § 52-1114.
• Administrative History: Original Rule certified June 5, 1974. Repeal filed December 23, 2015; effective March 22, 2016.

Chapter 0080-04-08 Antifreeze Regulations

Tenn. Comp. R. & Regs. 0080-04-08-.01 DEFINITIONS

(1) "Advertisement" means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or which are likely to induce, directly or indirectly, the purchase of antifreeze products.

(2) “Antifreeze” or “Coolant” means any substance or preparation sold, distributed or intended for use as a cooling liquid or to be added to the cooling liquid in the cooling system of internal combustion engines of motor vehicles to prevent freezing of the cooling liquid, or to lower its freezing point.

(3) “Banned Hazardous Substance” means any substance as defined in Tennessee Code Annotated § 68-131-102(2)(A).

(4) "Distribute" means to hold with intent to sell, offer for sale, to sell, barter or otherwise supply to the consumer.

(5) “Hazardous Substance” means any substance as defined in Tennessee Code Annotated § 68-131-102(10)(A).

(6) "Home Consumer-Sized Package" as used in 0080-04-08-.04(7) shall refer to packages of one fluid U.S. gallon or less.

(7) "Labeling" means the labels and any other written, printed or graphic matter accompanying a package.

(8) "Package" means a sealed tamper-proof retail package, drum, or other container designed for the sale of antifreeze directly to the consumer, or a container from which the antifreeze may be poured directly by the seller into the cooling system, but does not include shipping containers containing properly labeled inner containers.

(9) "Person” means individuals, partnerships, corporations, companies and associations.

History

• Authority: T.C.A. §§53-3713, 53-3720 and 68-131-109.
• Administrative History: Original chapter filed September 22, 1982; effective December 15, 1982. Amendment filed July 24, 2009; effective December 29, 2009.

Tenn. Comp. R. & Regs. 0080-04-08-.02 ADULTERATION

Antifreeze shall be deemed to be adulterated:

(1) If, in the form in which it is sold and directed to be used, it would be injurious to the cooling system in which it is installed, or if, when used in such cooling system, it would make the operation of the engine dangerous to the user.

(2) If its strength, quality, or purity falls below the standard of strength, quality, or purity established by the Commissioner for the particular type or composition of antifreeze product.

History

• Authority: T.C.A. §§53-3715(h) and 53-3720.
• Administrative History: Original chapter filed September 22, 1982; effective December 15, 1982.

Tenn. Comp. R. & Regs. 0080-04-08-.03 MISBRANDING

Antifreeze shall be deemed to be misbranded:

(1) If it does not bear a label which;

(a) Specifies the identity of the product;

(b) States the name and place of business of the manufacturer, packager, or distributor;

(c) States the correct net quantity of contents in the terms of liquid measure separately and accurately in a uniform location upon the principal display panel as provided by the “Federal Fair Packaging and Labeling Act”; and (d) Contains a statement of warning of any hazard of substantial injury to human beings which may result from the intended use or reasonably foreseeable misuse of the antifreeze, as provided by applicable Federal and State Product Safety Laws and Regulations.

(2) If the label on a container of less than five (5) gallons, or the labeling for a container of five (5) gallons or more, does not contain a statement or chart showing the appropriate amount, percentage, proportion or concentration of the antifreeze to be used to provide claimed protection from freezing at a specified degree or degrees of temperature, claimed protection from corrosion, or claimed increase of boiling point or protection from overheating.

(3) If it’s labeling contains any claim that it has been approved or recommended by the Commissioner.

(4) If its labeling is false, deceptive or misleading.

History

• Authority: T.C.A. §§53-3714(b), 53-3715(h) and 53-3720.
• Administrative History: Original chapter filed September 22, 1982; effective December 15, 1982.

Tenn. Comp. R. & Regs. 0080-04-08-.04 PROHIBITED ACTS

(1) Distribute any antifreeze unless it is in the manufacturer’s, packager’s or distributor’s unbroken package or is installed by the seller into the cooling system of the purchaser’s vehicle directly from the manufacturer’s packager’s, or distributor’s package, and the label on such package if less than five gallons, or the labeling of such package if five gallons or more, does not bear the information required by 0080-04-08-.03.

(2) Use the term “ethylene glycol” in connection with the name of a product which contains other glycols unless it is qualified by the word “base,” “type,” or similar word, and unless the product meets the following requirements:

(a) It consists essentially of ethylene glycol;

(b) If it contains suitable glycols other than ethylene glycol that no more than a maximum of 15% of such other glycols be present;

(c) It contains a minimum total glycol content of 93% by weight;

(d) The specify gravity is corrected to give reliable freezing point readings on a commercial ethylene glycol type hydrometer; and (e) The freezing point of a 50% by volume aqueous mixture of the antifreeze shall not be above -34º F.

(3) Refuse, when requested, to permit a purchaser to see the container from which antifreeze is drawn for installation into the purchaser’s vehicle.

(4) Refill any container bearing an acceptable label, unless by the manufacturer or his duly designated jobber, under regulations established by the Commissioner.

(5) Distribute any antifreeze for which a practical, rapid means for measuring the freeze protection by the user is not readily available, whether by hydrometer or other means.

(6) Distribute antifreeze which is in violation of the Federal Poison Prevention Packaging Act, its regulations, and related federal and state product safety laws and regulations.

(7) Distribute antifreeze in home consumer-sized packages which are constructed of either transparent or translucent packaging materials.

History

• Authority: T.C.A. §§53-3715 and 53-3 720.
• Administrative History: Original chapter filed September 22, 1982; effective December 15, 1982.

Tenn. Comp. R. & Regs. 0080-04-08-.05 SUBMISSION OF FORMULA

When antifreeze is introduced into commerce within the state, the Commissioner may require the manufacturer to furnish a statement of the formula or contents of such antifreeze, however, the statement of formula or contents may state the content of inhibitor ingredients of generic terms if such inhibitor ingredients total less than five percent (5%) by weight of the antifreeze and if in lieu thereof the manufacturer, packer, seller or distributor furnishes the Commissioner with satisfactory evidence, other than by disclosure of the actual chemical names and percentages of the inhibitor ingredients, that the said antifreeze is in conformity with Tennessee Code Annotated, Sections 53-3713 - 53-3723 and this Chapter.

History

• Authority: T.C.A. §§53-3715 and 53-3720.
• Administrative History: Original chapter filed September 22, 1982; effective December 15, 1982.

Tenn. Comp. R. & Regs. 0080-04-08-.06 PUBLICATIONS

(1) The Commissioner may publish or furnish, upon request, a list of the brands and classes or types of antifreeze inspected by the Department during the fiscal year which have been found to be in accord with this Article.

(2) The Commissioner may cause to be published from time to time reports summarizing all judgments, decrees, and court orders which have been rendered under this Act including the nature of the charge and the disposition thereof.

(3) The Commissioner may also cause to be disseminated such information regarding antifreezes as he deems necessary in the interest of protection of the public. Nothing in this

Section shall be construed to prohibit the Commissioner from collecting, reporting, and illustrating the results of the investigations of the Department.

History

• Authority: T.C.A. §§53-3723 and 53-3720.
• Administrative History: Original chapter filed September 22, 1982; effective December 15, 1982.

Tenn. Comp. R. & Regs. 0080-04-08-.07 HAZARDOUS AND BANNED HAZARDOUS SUBSTANCE

Antifreeze or engine coolant containing at least ten percent (10%) ethylene glycol that is manufactured on or after January 1, 2010, but does not contain denatonium benzoate in a concentration ranging from thirty parts per million (30 p.p.m.) to fifty parts per million (50 p.p.m.), has been deemed by the commissioner to be a hazardous substance and a banned hazardous substance.

History

• Authority: T.C.A. §§ 68-131-103, 68-131-109 and 68-131-113.
• Administrative History: Original rule filed July 24, 2009; effective December 29, 2009.

Tenn. Comp. R. & Regs. 0080-04-08-.08 EXEMPTION FOR SALE OF MOTOR VEHICLE

The requirements of this chapter shall not be construed to apply to the sale of a motor vehicle that contains engine coolant or antifreeze.

History

• Authority: T.C.A. §§ 68-131-103, 68-131-109 and 68-131-113.
• Administrative History: Original rule filed July 24, 2009; effective December 29, 2009.

Chapter 0080-04-09 Retail Food Store Sanitation

Tenn. Comp. R. & Regs. 0080-04-09-.01 DEFINITIONS

(1) Accredited Program.

(a) “Accredited program” means a food protection manager certification program that has been evaluated and listed by an accrediting agency as conforming to national standards for organizations that certify individuals.

(b) “Accredited program” refers to the certification process and is a designation based upon an independent evaluation of factors such as the sponsor’s mission; organizational structure; staff resources; revenue sources; policies; public information regarding program scope, eligibility requirements, re-certification, discipline and grievance procedures; and test development and administration.

(c) “Accredited program” does not refer to training functions or educational programs.

(2) Additive.

(a) “Food additive” has the meaning stated in the Federal Food, Drug, and Cosmetic Act, § 201(s) and 21 CFR 170.3(e)(1).

(b) “Color additive” has the meaning stated in the Federal Food, Drug, and Cosmetic Act, § 201(t) and 21 CFR 70.3(f).

(3) “Adulterated” has the meaning stated in the Federal Food, Drug, and Cosmetic Act, § 402.

(4) “Approved” means acceptable to the commissioner based on a determination of conformity with principles, practices, and generally recognized standards that protect public health.

(5) Asymptomatic.

(a) “Asymptomatic” means without obvious symptoms; not showing or producing indications of a disease or other medical condition, such as an individual infected with a pathogen but not exhibiting or producing any signs or symptoms of vomiting, diarrhea, or jaundice.

(b) “Asymptomatic” includes not showing symptoms because symptoms have resolved or subsided, or because symptoms never manifested.

(6) “A

W ” means water activity which is a measure of the free moisture in a food, is the quotient of the water vapor pressure of the substance divided by the vapor pressure of pure water at the same temperature, and is indicated by the symbol A W .

(7) “Balut” means an embryo inside a fertile egg that has been incubated for a period sufficient for the embryo to reach a specific stage of development after which it is removed from incubation before hatching.

(8) “Beverage” means a liquid for drinking, including water.

(9) “Bottled drinking water” means water that is sealed in bottles, packages, or other containers and offered for sale for human consumption, including bottled mineral water.

(10) “Casing” means a tubular container for sausage products made of either natural or artificial (synthetic) material.

(11) “Certification number” means a unique combination of letters and numbers assigned by a shellfish control authority to a molluscan shellfish dealer according to the provisions of the National Shellfish Sanitation Program.

(12) “CFR” means Code of Federal Regulations. Citations in this chapter to the CFR refer sequentially to the Title, Part, and Section numbers, such as 40 CFR 180.194 refers to Title 40, Part 180, Section 194.

(13) CIP.

(a) “CIP” means cleaned in place by the circulation or flowing by mechanical means through a piping system of a detergent solution, water rinse, and sanitizing solution onto or over equipment surfaces that require cleaning, such as the method used, in

part, to clean and sanitize a frozen dessert machine.

(b) “CIP” does not include the cleaning of equipment such as band saws, slicers, or mixers that are subjected to in-place manual cleaning without the use of a CIP system.

(14) “Commingle” means:

(a) To combine shellstock harvested on different days or from different growing areas as identified on the tag or label, or (b) To combine shucked shellfish from containers with different container codes or different shucking dates.

(15) Comminuted.

(a) “Comminuted” means reduced in size by methods including chopping, flaking, grinding, or mincing.

(b) “Comminuted” includes fish or meat products that are reduced in size and restructured or reformulated such as gefilte fish, gyros, ground beef, and sausage; and a mixture of 2 or more types of meat that have been reduced in size and combined, such as sausages made from 2 or more meats.

(16) “Conditional employee” means a potential food employee to whom a job offer is made, conditional on responses to subsequent medical questions or examinations designed to identify potential food employees who may be suffering from a disease that can be transmitted through food and done in compliance with Title 1 of the Americans with Disabilities Act of 1990.

(17) “Confirmed disease outbreak” means a foodborne disease outbreak in which laboratory analysis of appropriate specimens identifies a causative agent and epidemiological analysis implicates the food as the source of the illness.

(18) “Consumer” means a person who is a member of the public, takes possession of food, is not functioning in the capacity of an operator of a food establishment or food processing plant, and does not offer the food for resale.

(19) Core Item.

(a) “Core item” means a provision in this chapter that is not designated as a priority item or a priority foundation item.

(b) “Core item” includes an item that usually relates to general sanitation, operational controls, sanitation standard operating procedures (ssops), facilities or structures, equipment design, or general maintenance.

(20) “Corrosion-resistant material” means a material that maintains acceptable surface cleanability characteristics under prolonged influence of the food to be contacted, the normal use of cleaning compounds and sanitizing solutions, and other conditions of the use environment.

(21) “Counter-mounted equipment” means equipment that is not portable and is designed to be mounted off the floor on a table, counter, or shelf.

(22) “Critical control point” means a point or procedure in a specific food system where loss of control may result in an unacceptable health risk.

(23) “Critical limit” means the maximum or minimum value to which a physical, biological, or chemical parameter must be controlled at a critical control point to minimize the risk that the identified food safety hazard may occur.

(24) “Cut leafy greens” means fresh leafy greens whose leaves have been cut, shredded, sliced, chopped, or torn. The term “leafy greens” includes iceberg lettuce, romaine lettuce, leaf lettuce, butter lettuce, baby leaf lettuce (i.e., immature lettuce or leafy greens), escarole, endive, spring mix, spinach, cabbage, kale, arugula and chard. The term “leafy greens” does not include herbs such as cilantro or parsley.

(25) “Department” means the Tennessee Department of Agriculture.

(26) “Dealer” means a person who is authorized by a shellfish control authority for the activities of shellstock shipper, shucker-packer, repacker, reshipper, or depuration processor of molluscan shellfish according to the provisions of the National Shellfish Sanitation Program.

(27) “Disclosure” means a written statement that clearly identifies the animal-derived foods which are, or can be ordered, raw, undercooked, or without otherwise being processed to eliminate pathogens, or items that contain an ingredient that is raw, undercooked, or without otherwise being processed to eliminate pathogens.

(28) Drinking Water.

(a) “Drinking water” means water that meets criteria as specified in 40 CFR 141 National Primary Drinking Water Regulations.

(b) “Drinking water” is traditionally known as “potable water.”

(c) “Drinking water” includes the term “water” except where the term used connotes that the water is not potable, such as “boiler water,” “mop water,” “rainwater,” “wastewater,” and “nondrinking” water.

(29) “Dry storage area” means a room or area designated for the storage of packaged or containerized bulk food that is not time /temperature control of safety food and dry goods such as single-service items.

(30) Easily Cleanable.

(a) “Easily cleanable” means a characteristic of a surface that:

1. Allows effective removal of soil by normal cleaning methods;

2. Is dependent on the material, design, construction, and installation of the surface; and 3. Varies with the likelihood of the surface’s role in introducing pathogenic or toxigenic agents or other contaminants into food based on the surface’s approved placement, purpose, and use.

(b) “Easily cleanable” includes a tiered application of the criteria that qualify the surface as easily cleanable as specified in subparagraph (a) of this definition to different situations in which varying degrees of cleanability are required such as:

1. The appropriateness of stainless steel for a food preparation surface as opposed to the lack of need for stainless steel to be used for floors or for tables used for consumer dining; or 2. The need for a different degree of cleanability for a utilitarian attachment or accessory in the kitchen as opposed to a decorative attachment or accessory in the consumer dining area.

(31) “Easily movable” means:

(a) Portable; mounted on casters, gliders, or rollers; or provided with a mechanical means to safely tilt a unit of equipment for cleaning; and (b) Having no utility connection, a utility connection that disconnects quickly, or a flexible utility connection line of sufficient length to allow the equipment to be moved for cleaning of the equipment and adjacent area.

(32) Egg.

(a) “Egg” means the shell egg of avian species such as chicken, duck, goose, guinea, quail, ratites or turkey.

(b) “Egg” does not include:

1. A balut;

2. The egg of reptile species such as alligator; or 3. An egg product.

(33) Egg Product.

(a) “Egg product” means all, or a portion of, the contents found inside eggs separated from the shell and pasteurized in a food processing plant , with or without added ingredients, intended for human consumption, such as dried, frozen or liquid eggs.

(b) “Egg product” does not include food that contains eggs only in a relatively small proportion such as cake mixes.

(34) “Employee” means a person:

(a) In charge of a food establishment;

(b) Engaged in the preparation of food or drink;

(c) Engaged in service of food to the establishment’s clientele; or (d) Engaged in warewashing.

(35) “Enterohemorrhagic Escherichia coli (EHEC)” means E. coli which cause hemorrhagic colitis, meaning bleeding enterically or bleeding from the intestine. The term is typically used in association with E. coli that have the capacity to produce Shiga toxins and to cause attaching and effacing lesions in the intestine. EHEC is a subset of STEC, whose members produce additional virulence factors. Infections with EHEC may be asymptomatic but are classically associated with bloody diarrhea (hemorrhagic colitis) and hemolytic uremic syndrome (HUS) or thrombotic thrombocytopenic purpura (TTP). Examples of serotypes of EHEC include: E. coli O157:H7; E. coli O157:NM; E. coli O26:H11; E. coli O145:NM; E. coli O103:H2; or E. coli O111:NM. Also see SHIGA TOXIN-PRODUCING E. COLI.

(36) “EPA” means the U.S. Environmental Protection Agency.

(37) Equipment.

(a) “Equipment” means an article that is used in the operation of a food establishment such as a freezer, grinder, hood, ice maker, meat block, mixer, oven, reach-in refrigerator, scale, sink, slicer, stove, table, temperature measuring device for ambient air, or ware washing machine.

(b) “Equipment” does not include apparatuses used for handling or storing large quantities of packaged foods that are received from a supplier in a cased or overwrapped lot, such as hand trucks, forklifts, dollies, pallets, racks, and skids.

(38) “Exclude” means to prevent a person from working as an employee in a food establishment or entering a food establishment as an employee.

(39) “FDA” means the U.S. Food and Drug Administration.

(40) Fish.

(a) “Fish” means fresh or saltwater finfish, crustaceans and other forms of aquatic life (including alligator, frog, aquatic turtle, jellyfish, sea cucumber, and sea urchin and the roe of such animals) other than birds or mammals, and all mollusks, if such animal life is intended for human consumption.

(b) “Fish” includes an edible human food product derived in whole or in part from fish, including fish that have been processed in any manner.

(41) “Food” means a raw, cooked, or processed edible substance, ice, beverage, or ingredient used or intended for use or for sale in whole or in part for human consumption, or chewing gum.

(42) “Foodborne disease outbreak” means the occurrence of two or more cases of a similar illness resulting from the ingestion of a common food.

(43) “Food-contact surface” means:

(a) A surface of equipment or a utensil with which food normally comes into contact; or (b) A surface of equipment or a utensil from which food may drain, drip, or splash:

1. Into a food, or 2. Onto a surface normally in contact with food.

(44) “Food employee” means an individual working with unpackaged food, food equipment or utensils, or food-contact surfaces.

(45) Food Establishment.

(a) “Food establishments” means retail food stores, and food service establishments located within retail food stores;

(b) The term “food establishments” is to be used throughout this chapter when a provision is applicable to both retail food stores and food service establishments located within retail food stores;

(46) “Food service establishment” means:

(a) Any establishment, place or location, whether permanent, temporary, seasonal or itinerant, where food is prepared and the public is offered to be served, or is served, food, including, but not limited to, foods, vegetables, or beverages not in an original package or container, food and beverages dispensed at soda fountains and delicatessens, sliced watermelon, ice balls, or water mixtures.

(b) “Food service establishment” includes any such places regardless of whether there is a charge for the food.

(c) “Food service establishment” does not include private homes where food is prepared or served and not offered for sale, retail food store operations other than delicatessens, the location of vending machines, and supply vehicles.

(d) “Food service establishment” does not include churches, temples, synagogues or other religious institutions, civic, fraternal, or veteran’s organizations where food is prepared, served, transported, or stored by volunteer personnel only on non-consecutive days; provided, however, that the storage of unopened, commercially canned food, packaged bulk food that is not time/temperature control for safety food as defined by department rules and regulations, and dry goods shall not apply for these purposes;

(e) “Food service establishment” does not include grocery stores that may, incidentally, make infrequent casual sales of uncooked foods for consumption on the premises, or any establishment whose primary business is other than food service, that may, incidentally, make infrequent casual sales of coffee or prepackaged foods, or both, for consumption on the premises. For the purposes of this subparagraph, infrequent casual sales means sales not in excess of one hundred fifty dollars ($150) per day on any particular day;

(f) “Food service establishment” does not include a location from which casual, occasional food sales are conducted solely in connection with youth-related amateur athletic or recreational activities or primary or secondary school-related clubs by volunteer personnel and that are in operation for twenty-four (24) consecutive hours or less;

(g) “Food service establishment” does not include a catering business that employs no regular, full-time employees, the food preparation for such business is solely performed within the confines of the principal residence of the proprietor, and the catering business makes only “occasional sales” during any thirty-day period; and (h) “Food service establishment” does not include a house or other residential structure where seriously ill or injured children and their families are provided temporary accommodations in proximity to their treatment hospitals and where food is prepared, served, transported or stored by volunteer personnel; provided, that the house or structure is supported by a § 501(c)(3) organization, as defined in 26 U.S.C. § 501(c)(3), that has as a component of its mission the support of programs that directly improve the health and well-being of children.

(47) Food Manufacturing Plant.

(a) “Food manufacturing plant” means a commercial operation that manufactures, packages, labels, or stores food for human consumption, and provides food for sale or distribution to other business entities such as food processing plants or food establishments.

(b) “Food manufacturing plant” does not include a food establishment.

(48) Game Animal.

(a) “Game animal” means an animal, the products of which are food, that is not classified as livestock, sheep, swine, goat, horse, mule, or other equine in 9 CFR 301.2 Definitions, or as poultry, or fish.

(b) “Game animal” includes mammals such as reindeer, elk, deer, antelope, water buffalo, bison, rabbit, squirrel, opossum, raccoon, nutria, or muskrat, and nonaquatic reptiles such as land snakes.

(c) “Game animal” does not include ratites.

(49) “General use pesticide” means a pesticide that is not classified by EPA for restricted use as specified in 40 CFR 152.175 Pesticides classified for restricted use.

(50) “Good repair” means equipment and utensils shall be maintained in a state of repair and condition that meets the requirements specified under 0080-04-09-.04.

(51) “Grade A standards” means the requirements of the United States Public Health Service/FDA “Grade A Pasteurized Milk Ordinance” with which certain fluid and dry milk and milk products comply.

(52) “HACCP plan” means a written document that delineates the formal procedures for following the hazard analysis and critical control point principles developed by The National Advisory Committee on Microbiological Criteria for Foods.

(53) Handwashing Sink.

(a) “Handwashing sink” means a lavatory, a basin or vessel for washing, a wash basin, or a plumbing fixture especially placed for use in personal hygiene and designed for the washing of the hands.

(b) “Handwashing sink” includes an automatic handwashing facility.

(54) “Hazard” means a biological, chemical, or physical property that may cause an unacceptable consumer health risk.

(55) “Health practitioner” means a physician licensed to practice medicine, or if allowed by law, a nurse practitioner, or physician assistant.

(56) “Hemp-derived cannabinoid” has the same meaning as provided under T.C.A. § 43-27-202.

(57) “Hermetically sealed container” means a container that is designed and intended to be secure against the entry of microorganisms and, in the case of low acid canned foods, to maintain the commercial sterility of its contents after processing.

(58) “Highly susceptible population” means persons who are more likely than other people in the general population to experience foodborne disease because they are:

(a) Immunocompromised; preschool age children, or older adults; and (b) Obtaining food at a facility that provides services such as custodial care, health care, or assisted living, such as a child or adult day care center, kidney dialysis center, hospital or nursing home, or nutritional or socialization services such as a senior center.

(59) “Imminent health hazard” means any condition, deficiency, or practice that, if not corrected, is very likely to result in illness, injury, or loss of life to any person.

(60) “Injected” means manipulating meat to which a solution has been introduced into its interior by processes that are referred to as “injecting,” “pump marinating,” or “stitch pumping.”

(61) Juice.

(a) “Juice” means the aqueous liquid expressed or extracted from one or more fruits or vegetables, purées of the edible portions of one or more fruits or vegetables, or any concentrates of such liquid or purée.

(b) “Juice” does not include, for purposes of HACCP, liquids, purées, or concentrates that are not used as beverages or ingredients of beverages.

(62) “Kitchenware” means food preparation and storage utensils.

(63) “Law” means applicable local, state, and federal statutes, regulations, and ordinances.

(64) “Linens” means fabric items such as cloth hampers, cloth napkins, table cloths, wiping cloths, and work garments including cloth gloves.

(65) Major Food Allergen.

(a) “Major food allergen” means:

1. Milk, egg, fish (such as bass, flounder, cod, and including crustacean shellfish such as crab, lobster, or shrimp), tree nuts (such as almonds, pecans, or walnuts), wheat, peanuts, and soybeans; or 2. A food ingredient that contains protein derived from a food, as specified in part (a)1. of this definition.

(b) “Major food allergen” does not include:

1. Any highly refined oil derived from a food specified in part (a)1. of this definition and any ingredient derived from such highly refined oil; or 2. Any ingredient that is exempt under the petition or notification process specified in the Food Allergen Labeling and Consumer Protection Act of 2004 (Public Law 108-282).

(66) “Meat” means the flesh of animals used as food including the dressed flesh of cattle, swine, sheep, or goat, other edible animals except fish, poultry, and wild game animals as specified under 0080-04-09-.03(2)(a)7.(i)(III), (IV).

(67) Mechanically Tenderized.

(a) “Mechanically tenderized” means manipulating meat with deep penetration by processes which may be referred to as “blade tenderizing,” “jaccarding,” “pinning,”

“needling,” or using blades, pins, needles or any mechanical device.

(b) “Mechanically tenderized” does not include processes by which solutions are injected into meat.

(68) “mg/L” means milligrams per liter, which is the metric equivalent of parts per million (ppm).

(69) “Mobile food unit” means a food establishment designed to be readily moved and vend food.

(70) “Molluscan shellfish” means any edible species of fresh or frozen oysters, clams, mussels, and scallops or edible portions thereof, except when the scallop product consists only of the shucked adductor muscle.

(71) Non-Continuous Cooking.

(a) “Non-continuous cooking” means the cooking of food in a food establishment using a process in which the initial heating of the food is intentionally halted so that it may be cooled and held for complete cooking at a later time prior to sale or service.

(b) “Non-continuous cooking” does not include cooking procedures that only involve temporarily interrupting or slowing an otherwise continuous cooking process.

(72) Packaged.

(a) “Packaged” means bottled, canned, cartoned, securely bagged, or securely wrapped, whether packaged in a food establishment or a food processing plant.

(b) “Packaged” does not include a wrapper, carry-out box, or other nondurable container used to containerize food with the purpose of facilitating food protection during service and receipt of the food by the consumer.

(73) “Permit” means the document issued by the department that authorizes a person to operate a food establishment.

(74) “Permit holder” means the entity that:

(a) Is legally responsible for the operation of the food establishment such as the owner, the owner’s agent, or other person; and (b) Possesses a valid permit to operate a food establishment.

(75) “Person” means any individual, partnership, firm, corporation, agency, municipality, state or political subdivision, or the federal government and its agencies and departments.

(76) “Person in charge” means an individual present at a food establishment who is responsible for the operation at the time of inspection. A person in charge shall be present at the establishment during food preparation and handling, and may put instructions in place for cleaning and preparing the establishment prior to the preparation of any food or beverage.

(77) Personal Care Items.

(a) “Personal care items” means items or substances that may be poisonous, toxic, or a source of contamination and are used to maintain or enhance a person’s health, hygiene, or appearance.

(b) “Personal care items” include items such as medicines; first aid supplies; and other items such as cosmetics, and toiletries such as toothpaste and mouthwash.

(78) “pH” means the symbol for the negative logarithm of the hydrogen ion concentration, which is a measure of the degree of acidity or alkalinity of a solution. Values between 0 and 7 indicate acidity and values between 7 and 14 indicate alkalinity. The value for pure distilled water is 7, which is considered neutral.

(79) “Physical facilities” means the structure and interior surfaces of a food establishment including accessories such as soap and towel dispensers and attachments such as light fixtures and heating or air conditioning system vents.

(80) “Plumbing fixture” means a receptacle or device that:

(a) Is permanently or temporarily connected to the water distribution system of the premises and demands a supply of water from the system; or (b) Discharges used water, waste materials, or sewage directly or indirectly to the drainage system of the premises.

(81) “Plumbing system” means the water supply and distribution pipes; plumbing fixtures and traps; soil, waste, and vent pipes; sanitary and storm sewers and building drains, including their respective connections, devices, and appurtenances within the premises; and watertreating equipment.

(82) “Poisonous or toxic materials” means substances that are not intended for ingestion and are included in four categories:

(a) Cleaners and sanitizers, which include cleaning and sanitizing agents and agents such as caustics, acids, drying agents, polishes, and other chemicals;

(b) Pesticides, except sanitizers, which include substances such as insecticides and rodenticides;

(c) Substances necessary for the operation and maintenance of the establishment such as nonfood grade lubricants and personal care items that may be deleterious to health; and (d) Substances that are not necessary for the operation and maintenance of the establishment and are on the premises for retail sale, such as petroleum products and paints.

(83) “Poultry” means:

(a) Any domesticated bird (chickens, turkeys, ducks, geese, guineas, ratites, or squabs), whether live or dead, as defined in 9 CFR 381.1 Poultry Products Inspection Regulations Definitions, Poultry, and (b) Any migratory waterfowl or game bird, pheasant, partridge, quail, grouse, or pigeon, whether live or dead, as defined in 9 CFR 362.1 Voluntary Poultry Inspection Regulations, Definitions.

(84) “Premises” means:

(a) The physical facility, its contents, and the contiguous land or property under the control of the permit holder; or (b) The physical facility, its contents, and the land or property not described in subparagraph (a) of this definition if its facilities and contents are under the control of the permit holder and may impact food establishment personnel, facilities, or operations, and a food establishment is only one component of a larger operation such as a health care facility, hotel, motel, school, recreational camp, or prison.

(85) “Primal cut” means a basic major cut into which carcasses and sides of meat are separated, such as a beef round, pork loin, lamb flank, or veal breast.

(86) Priority Item.

(a) “Priority item” means a provision in this chapter whose application contributes directly to the elimination, prevention or reduction to an acceptable level, hazards associated with foodborne illness or injury and there is no other provision that more directly controls the hazard.

(b) “Priority item” includes items with a quantifiable measure to show control of hazards such as cooking, reheating, cooling, handwashing; and (c) “Priority item” is an item that is denoted in this chapter with (P).

(87) Priority Foundation Item.

(a) “Priority foundation item” means a provision in this chapter whose application supports, facilitates or enables one or more priority items.

(b) “Priority foundation item” includes an item that requires the purposeful incorporation of specific actions, equipment or procedures by industry management to attain control of risk factors that contribute to foodborne illness or injury such as personnel training, infrastructure or necessary equipment, HACCP plans, documentation or record keeping, and labeling; and (c) “Priority foundation item” is an item that is denoted in this chapter with (Pf).

(88) “Public water system” has the meaning stated in 40 CFR 141 National Primary Drinking Water Regulations.

(89) “Ratite” means a flightless bird such as an emu, ostrich, or rhea.

(90) “Ready-to-eat food” means food that:

(a) Is in a form that is edible without additional preparation to achieve food safety, as specified under one of the following 0080-04-09-.03(4)(a)1.(i) or (ii), 0080-04-09- .03(4)(a)2., or 0080-04-09-.03(4)(b)1. or as specified in 0080-04-09-.03(4)(a)1.(iii); or (b) Is a raw or partially cooked animal food and the consumer is advised as specified in 0080-04-09-.03(4)(a)1.(iv)(I) and (III); or (c) Is prepared in accordance with a variance that is granted as specified in 0080-04-09- .03(4)(a)1.(iv)(IV); and (d) May receive additional preparation for palatability or aesthetic, epicurean, gastronomic, or culinary purposes.

(e) “Ready-to-eat food” includes:

1. Raw animal food that is cooked as specified under 0080-04-09-.03(4)(a), or frozen as specified under 0080-04-09-.03(4)(b);

2. Raw fruits and vegetables that are washed as specified under 0080-04-09- .03(3)(b)5.;

3. Fruits and vegetables that are cooked for hot holding, as specified under 0080- 04-09-.03(4)(a)3.;

4. All time/temperature control for safety food that is cooked to the temperature and time required for the specific food under 0080-04-09-.03(4) and cooled as specified under 0080-04-09-.03(5)(a)4.;

5. Plant food for which further washing, cooking, or other processing is not required for food safety, and from which rinds, peels, husks, or shells, if naturally present are removed;

6. Substances derived from plants such as spices, seasonings, and sugar;

7. A bakery item such as bread, cakes, pies, fillings, or icing for which further cooking is not required for food safety;

8. The following products that are produced in accordance with USDA guidelines and that have received a lethality treatment for pathogens: dry, fermented sausages, such as dry salami or pepperoni; salt-cured meat and poultry products, such as prosciutto ham, country cured ham, and Parma ham; and dried meat and poultry products, such as jerky or beef sticks; and 9. Food manufactured as specified in 21 CFR Part 113, Thermally Processed Low- Acid Foods Packaged in Hermetically Sealed Containers.

(91) Reduced Oxygen Packaging.

(a) “Reduced oxygen packaging” means:

1. The reduction of the amount of oxygen in a package by removing oxygen; displacing oxygen and replacing it with another gas or combination of gases; or otherwise controlling the oxygen content to a level below that normally found in the atmosphere (approximately 21% at sea level); and 2. A process as specified in part (a)1. of this definition that involves a food for which the hazards Clostridium botulinum or Listeria monocytogenes require control in the final packaged form.

(b) “Reduced oxygen packaging” includes:

1. Vacuum packing, in which air is removed from a package of food and the package is hermetically sealed so that a vacuum remains inside the package;

2. Modified atmosphere packaging, in which the atmosphere of a package of food is modified so that its composition is different from air but the atmosphere may change over time due to the permeability of the packaging material or the respiration of the food. Modified atmosphere packaging includes reduction in the proportion of oxygen, total replacement of oxygen, or an increase in the proportion of other gases such as carbon dioxide or nitrogen;

3. Controlled atmosphere packaging, in which the atmosphere of a package of food is modified so that until the package is opened, its composition is different from air, and continuous control of that atmosphere is maintained, such as by using oxygen scavengers or a combination of total replacement of oxygen, nonrespiring food, and impermeable packaging material;

4. Cook chill packaging, in which cooked food is hot filled into impermeable bags that have the air expelled and are then sealed or crimped closed. The bagged food is rapidly chilled and refrigerated at temperatures that inhibit the growth of psychrotrophic pathogens; or 5. Sous vide packaging, in which raw or partially cooked food is placed in a hermetically sealed, impermeable bag, cooked in the bag, rapidly chilled, and refrigerated at temperatures that inhibit the growth of psychrotrophic pathogens.

(92) “Refuse” means solid waste not carried by water through the sewage system.

(93) “Reminder” means a written statement concerning the health risk of consuming animal food raw, undercooked, or without otherwise being processed to eliminate pathogens.

(94) “Re-service” means the transfer of food that is unused and returned by a consumer after being served or sold and in the possession of the consumer, to another person.

(95) “Restrict” means to limit the activities of a food employee so that there is no risk of transmitting a disease that is transmissible through food and the food employee does not work with exposed food, clean equipment, utensils, linens, or unwrapped single-service or single-use articles.

(96) “Restricted egg” means any check, dirty egg, incubator reject, inedible, leaker, or loss as defined in 9 CFR 590.

(97) “Restricted use pesticide” means a pesticide product that contains the active ingredients specified in 40 CFR 152.175 Pesticides classified for restricted use, and that is limited to use by or under the direct supervision of a certified applicator.

(98) Retail Food Store.

(a) “Retail food store” means any establishment or a section of an establishment where food and food products are offered to the consumer and intended for off-premise consumption;

(b) “Retail food store” does not include:

1. Establishments that handle only prepackaged, non-time/temperature control for safety food, as defined by department rules and regulations;

2. Roadside markets that offer only fresh fruits and fresh vegetables;

3. Food and beverage vending machines;

4. Food service establishments not located within a retail food store; or 5. A person who makes infrequent, casual sales of honey or who packs or sells less than one hundred fifty gallons (150 gals.) of honey per year.

(99) “Risk” means the likelihood that an adverse health effect will occur within a population as a result of a hazard in a food.

(100) “Safe material” means:

(a) An article manufactured from or composed of materials that may not reasonably be expected to result, directly or indirectly, in their becoming a component or otherwise affecting the characteristics of any food;

(b) An additive that is used as specified in § 409 of the Federal Food, Drug, and Cosmetic Act; or (c) Other materials that are not additives and that are used in conformity with applicable regulations of the Food and Drug Administration.

(101) “Sanitization” means the application of cumulative heat or chemicals on cleaned food-contact surfaces that, when evaluated for efficacy, is sufficient to yield a reduction of 5 logs, which is equal to a 99.999% reduction, of representative disease microorganisms of public health importance.

(102) “Sealed” means free of cracks or other openings that allow the entry or passage of moisture.

(103) “Service animal” means an animal such as a guide dog, signal dog, or other animal individually trained to provide assistance to an individual with a disability.

(104) “Servicing area” means an operating base location to which a mobile food establishment or transportation vehicle returns regularly for such things as vehicle and equipment cleaning, discharging liquid or solid wastes, refilling water tanks and ice bins, and boarding food.

(105) “Sewage” means liquid waste containing animal or vegetable matter in suspension or solution and may include liquids containing chemicals in solution.

(106) “Shellfish control authority” means a state, federal, foreign, tribal, or other government entity legally responsible for administering a program that includes certification of molluscan shellfish harvesters and dealers for interstate commerce.

(107) “Shellstock” means raw, in-shell molluscan shellfish.

(108) “Shiga toxin-producing Escherichia coli (STEC)” means any E. coli capable of producing Shiga toxins (also called verocytotoxins or “Shiga-like” toxins). Examples of serotypes of STEC include both O157 and non-O157 E. coli. Also see Enterohemorrhagic Escherichia Coli.

(109) “Shucked shellfish” means molluscan shellfish that have one or both shells removed.

(110) “Single-service articles” means tableware, carry-out utensils, and other items such as bags, containers, placemats, stirrers, straws, toothpicks, and wrappers that are designed and constructed for one time, one person use after which they are intended for discard.

(111) Single-Use Articles.

(a) “Single-use articles” means utensils and bulk food containers designed and constructed to be used once and discarded.

(b) “Single-use articles” includes items such as wax paper, butcher paper, plastic wrap, formed aluminum food containers, jars, plastic tubs or buckets, bread wrappers, pickle barrels, ketchup bottles, and number 10 cans which do not meet the materials, durability, strength, and cleanability specifications under 0080-04-09-.04(1)(a), (2)(a), (b) for multiuse utensils.

(112) “Slacking” means the process of moderating the temperature of a food such as allowing a food to gradually increase from a temperature of -23°C (-10°F) to -4°C (25°F) in preparation for deep-fat frying or to facilitate even heat penetration during the cooking of previously blockfrozen food such as shrimp.

(113) “Smooth” means:

(a) A food-contact surface having a surface free of pits and inclusions with a cleanability equal to or exceeding that of (100 grit) number 3 stainless steel;

(b) A nonfood-contact surface of equipment having a surface equal to that of commercial grade hot-rolled steel free of visible scale; and (c) A floor, wall, or ceiling having an even or level surface with no roughness or projections that render it difficult to clean.

(114) “Tableware” means eating, drinking, and serving utensils for table use such as flatware including forks, knives, and spoons; hollowware including bowls, cups, serving dishes, and tumblers; and plates.

(115) “Temperature measuring device” means a thermometer, thermocouple, thermistor, or other device that indicates the temperature of food, air, or water.

(116) “Temporary food establishment” means a food establishment that operates at a fixed location in conjunction with an organized temporary event for more than one (1) day and not more than fourteen (14) consecutive days.

(117) Time/Temperature Control for Safety Food.

(a) “Time/temperature control for safety food” means a food that requires time/temperature control for safety (TCS) to limit pathogenic microorganism growth or toxin formation.

(b) “Time/temperature control for safety food” includes:

1. An animal food that is raw or heat-treated; a plant food that is heat-treated or consists of raw seed sprouts, cut melons, cut leafy greens, cut tomatoes or mixtures of cut tomatoes that are not modified in a way so that they are unable to support pathogenic microorganism growth or toxin formation, or garlic-in-oil mixtures that are not modified in a way so that they are unable to support pathogenic microorganism growth or toxin formation; and 2. Except as specified in subpart 3.(iv) of this definition, a food that because of the interaction of its A W and pH values is designated as Product Assessment Required (PA) in Table A or B of this definition:

Table A. Interaction of PH and A W for control of spores in food heat-treated to destroy vegetative cells and subsequently packaged A W values PH values 4.6 or less > 4.6 - 5.6 > 5.6 <0.92 non-TCS FOOD* non-TCS FOOD non-TCS FOOD > 0.92 - .95 non-TCS FOOD non-TCS FOOD PA** > 0.95 non-TCS FOOD PA PA * TCS FOOD means TIME/TEMPERATURE CONTROL FOR SAFETY FOOD ** PA means Product Assessment required Table B. Interaction of PH and A W for control of vegetative cells and spores in food not heattreated or heat-treated but not packaged A W values PH values < 4.2 4.2 - 4.6 > 4.6 - 5.0 > 5.0 < 0.88 non-TCS food* non-TCS food non-TCS food non-TCS food 0.88 – 0.90 non-TCS food non-TCS food non-TCS food PA** > 0.90 – 0.92 non-TCS food non-TCS food PA PA > 0.92 non-TCS food PA PA PA * TCS FOOD means TIME/TEMPERATURE CONTROL FOR SAFETY FOOD ** PA means Product Assessment required 3. “Time/temperature control for safety food” does not include:

(i) An air-cooled hard-boiled egg with shell intact, or an egg with shell intact that is not hard boiled, but has been pasteurized to destroy all viable salmonellae;

(ii) A food in an unopened hermetically sealed container that is commercially processed to achieve and maintain commercial sterility under conditions of non-refrigerated storage and distribution;

(iii) A food that because of its pH or A W value, or interaction of A W and pH values, is designated as a non-TCS food in Table A or B of this definition;

(iv) A food that is designated as Product Assessment Required (PA) in Table A or B of this definition and has undergone a Product Assessment showing that the growth or toxin formation of pathogenic microorganisms that are reasonably likely to occur in that food is precluded due to:

(I) Intrinsic factors including added or natural characteristics of the food such as preservatives, antimicrobials, humectants, acidulants, or nutrients, (II) Extrinsic factors including environmental or operational factors that affect the food such as packaging, modified atmosphere such as reduced oxygen packaging, shelf life and use, or temperature range of storage and use, or (III) A combination of intrinsic and extrinsic factors; or (v) A food that does not support the growth or toxin formation of pathogenic microorganisms in accordance with one of the subparts 3.(i) –3.(iv) of this definition even though the food may contain a pathogenic microorganism or chemical or physical contaminant at a level sufficient to cause illness or injury.

(118) “USDA” means the U.S. Department of Agriculture.

(119) “Utensil” means a food contact implement or container used in the storage, preparation, transportation, dispensing, sale, or service of food, such as kitchenware or tableware that is multiuse, single-service, or single use, gloves used in contact with food; temperature sensing probes of food temperature measuring devices; and probe-type price or identification tags used in contact with food.

(120) “Variance” means a written document issued by the commissioner that authorizes a modification or waiver of one or more requirements of this chapter if, in the opinion of the commissioner, a health hazard or nuisance will not result from the modification or waiver.

(121) “Warewashing” means the cleaning and sanitizing of utensils sanitizing of utensils and foodcontact surfaces of equipment.

(122) “Whole-muscle, intact beef” means whole muscle beef that is not injected, mechanically tenderized, reconstructed, or scored and marinated, from which beef steaks may be cut.

History

• Authority: T.C.A. §§ 4-3-203 and 53-8-104.
• Administrative History: Original rule filed September 30, 1986; effective November 14, 1986. Amendment filed February 20, 2002; effective June 28, 2002. Amendment filed June 27, 2008; effective October 28, 2008. Repeal and new rule filed March 27, 2015; effective June 25, 2015. Emergency rules filed June 28, 2024; effective through December 25, 2024. Amendments filed September 27, 2024; effective December 26, 2024.

Tenn. Comp. R. & Regs. 0080-04-09-.02 MANAGEMENT AND PERSONNEL

(1) Supervision.

(a) Responsibility Assignment. The permit holder shall be the person in charge or shall designate a person in charge and shall ensure that a person in charge is present at the food establishment during all hours of operation. (Pf)

(b) Knowledge Demonstration. Based on the risks inherent to the food operation, during inspections and upon request the person in charge shall demonstrate to the commissioner knowledge of foodborne disease prevention, application of the Hazard Analysis and Critical Control Point principles, and the requirements of these rules. The person in charge shall demonstrate this knowledge by:

1. Complying with these rules by having no violations of priority items during the current inspection; (Pf)

2. Being a certified food protection manager who has shown proficiency of required information through passing a test that is part of an accredited program; (Pf) or 3. Responding correctly to the inspector’s questions as they relate to the specific food operation. The areas of knowledge include:

(i) Describing the relationship between the prevention of foodborne disease and the personal hygiene of a food employee; (Pf)

(ii) Explaining the responsibility of the person in charge for preventing the transmission of foodborne disease by a food employee who has a disease or medical condition that may cause foodborne disease; (Pf)

(iii) Describing the symptoms associated with the diseases that are transmissible through food; (Pf)

(iv) Explaining the significance of the relationship between maintaining the time and temperature of time/temperature control for safety food and the prevention of foodborne illness; (Pf)

(v) Explaining the hazards involved in the consumption of raw or undercooked meat, poultry, eggs, and fish; (Pf)

(vi) Stating the required food temperatures and times for safe cooking of time/temperature control for safety food including meat, poultry, eggs, and fish; (Pf)

(vii) Stating the required temperatures and times for the safe refrigerated storage, hot holding, cooling, and reheating of time/temperature control for safety food; (Pf)

(viii) Describing the relationship between the prevention of foodborne illness and the management and control of the following:

(I) Cross contamination, (Pf)

(II) Hand contact with ready-to-eat foods, (Pf)

(III) Handwashing, (Pf) and (IV) Maintaining the food establishment in a clean condition and in good repair; (Pf)

(ix) Describing foods identified as major food allergens and the symptoms that a major food allergen could cause in a sensitive individual who has an allergic reaction; (Pf)

(x) Explaining the relationship between food safety and providing equipment that is:

(I) Sufficient in number and capacity, (Pf) and (II) Properly designed, constructed, located, installed, operated, maintained, and cleaned; (Pf)

(xi) Explaining correct procedures for cleaning and sanitizing utensils and foodcontact surfaces of equipment; (Pf)

(xii) Identifying the source of water used and measures taken to ensure that it remains protected from contamination such as providing protection from backflow and precluding the creation of cross connections; (Pf)

(xiii) Identifying poisonous or toxic materials in the food establishment and the procedures necessary to ensure that they are safely stored, dispensed, used, and disposed of according to law; (Pf)

(xiv) Identifying critical control points in the operation from purchasing through sale or service that when not controlled may contribute to the transmission of foodborne illness and explaining steps taken to ensure that the points are controlled in accordance with the requirements of these regulations;

(Pf)

(xv) Explaining the details of how the person in charge and food employees comply with the HACCP plan if a plan is required by the law, this chapter, or an agreement between the commissioner and the food establishment;

(Pf)

(xvi) Explaining the responsibilities, rights, and authorities assigned by these regulations to the:

(I) Food employee, (Pf)

(II) Conditional employee, (Pf)

(III) Person in charge, (Pf)

(IV) Commissioner; (Pf) and (xvii) Explaining how the person in charge, food employees, and conditional employees comply with reporting responsibilities and exclusion or restriction of food employees. (Pf)

(c) Duties. Person in Charge. The person in charge shall ensure that:

1. Food establishment operations are not conducted in a private home, except as provided in T.C.A.§ 53-8-117, or in a room used as living or sleeping quarters as specified under 0080-04-09-.06(2)(b)10.; (Pf)

2. Persons unnecessary to the food establishment operation are not allowed in the food preparation, food storage, or warewashing areas, except that the person in charge may authorize brief visits and tours if steps are taken to ensure that exposed food; clean equipment, utensils, and linens; and unwrapped singleservice and single-use articles are protected from contamination; (Pf)

3. Employees and other persons such as delivery and maintenance persons and pesticide applicators entering the food preparation, food storage, and warewashing areas comply with these regulations; (Pf)

4. Employees are effectively cleaning their hands, by routinely monitoring the employees’ handwashing; (Pf)

5. Employees are visibly observing foods as they are received to determine that they are from approved sources, delivered at the required temperatures, protected from contamination, unadulterated, and accurately presented, by routinely monitoring the employees’ observations and periodically evaluating foods upon their receipt; (Pf)

6. Employees are properly cooking time/temperature control for safety food, being particularly careful in cooking those foods known to cause severe foodborne illness and death, such as eggs and comminuted meats, through daily oversight of the employees’ routine monitoring of the cooking temperatures using appropriate temperature measuring devices properly scaled and calibrated as specified under 0080-04-09-.04(2)(c) or 0080-04-09-.04(5)(b); (Pf)

7. Employees are using proper methods to rapidly cool potentially time/temperature control for safety foods that are not held hot or are not for consumption within four hours, through daily oversight of the employees’ routine monitoring of food temperatures during cooling; (Pf)

8. Consumers who order raw or partially cooked ready-to-eat foods of animal origin are informed as specified under 0080-04-09-.03(6)(c) that the food is not cooked sufficiently to ensure its safety; (Pf)

9. Employees are properly sanitizing cleaned multiuse equipment and utensils before they are reused, through routine monitoring of solution temperature and exposure time for hot water sanitizing, and chemical concentration, pH, temperature, and exposure time for chemical sanitizing; (Pf)

10. Consumers are notified that clean tableware is to be used when they return to self-service areas such as salad bars and buffets as specified under 0080-04-09- .03(3)(d)6.; (Pf)

11. Except when approval is obtained from the commissioner as specified in 0080- 04-09-.03(3)(a)1.(v), employees are preventing cross-contamination of ready-toeat food with bare hands by properly using suitable utensils such as deli tissue, spatulas, tongs, single-use gloves, or dispensing equipment; (Pf)

12. Employees are properly trained in food safety, including food allergy awareness, as it relates to their assigned duties; (Pf) and 13. Food employees and conditional employees are informed of their responsibility to report in accordance with law, to the person in charge, information about their health and activities as they relate to diseases that are transmissible through food, as specified under part (2)(a)1. (Pf)

(2) Employee Health.

(a) Responsibility of Permit Holder, Person in Charge, and Conditional Employees.

1. The permit holder shall require food employees and conditional employees to report to the person in charge information about their health and activities as they relate to diseases that are transmissible through food. A food employee or conditional employee shall report the information in a manner that allows the person in charge to reduce the risk of foodborne disease transmission, including providing necessary additional information, such as the date of onset of symptoms and an illness, or of a diagnosis without symptoms, if the food employee or conditional employee:

(i) Has any of the following symptoms:

(I) Vomiting, (P)

(II) Diarrhea, (P)

(III) Jaundice, (P)

(IV) Sore throat with fever, (P) or (V) A lesion containing pus such as a boil or infected wound that is open or draining and is:

I. On the hands or wrists, unless an impermeable cover such as a finger cot or stall protects the lesion and a single-use glove is worn over the impermeable cover, (P)

II. On exposed portions of the arms, unless the lesion is protected by an impermeable cover, (P) or III. On other parts of the body, unless the lesion is covered by a dry, durable, tight-fitting bandage; (P)

(ii) Has an illness diagnosed by a health practitioner due to:

(I) Norovirus, (P)

(II) Hepatitis A virus, (P)

(III) Shigella spp., (P)

(IV) Enterohemorrhagic or Shiga toxin-producing Escherichia coli, (P)

(V) Salmonella Typhi; (P), or (VI) Nontyphoidal Salmonella; (P)

(iii) Had a previous illness, diagnosed by a health practitioner, within the past three months due to Salmonella Typhi, without having received antibiotic therapy, as determined by a health practitioner; (P)

(iv) Has been exposed to, or is the suspected source of, a confirmed disease outbreak, because the food employee or conditional employee consumed or prepared food implicated in the outbreak, or consumed food at an event prepared by a person who is infected or ill with: (P)

(I) Norovirus within the past 48 hours of the last exposure, (P)

(II) Enterohemorrhagic or Shiga toxin-producing Escherichia coli, or Shigella spp. within the past three days of the last exposure, (P)

(III) Salmonella Typhi within the past 14 days of the last exposure, (P) or (IV) Hepatitis A virus within the past 30 days of the last exposure; (P) or (v) Has been exposed by attending or working in a setting where there is a confirmed disease outbreak, or living in the same household as, and has knowledge about, an individual who works or attends a setting where there is a confirmed disease outbreak, or living in the same household as, and has knowledge about, an individual diagnosed with an illness caused by:

(I) Norovirus within the past 48 hours of the last exposure, (P)

(II) Enterohemorrhagic or Shiga toxin-producing Escherichia coli, (P) or Shigella spp. within the past three days of the last exposure, (III) Salmonella Typhi within the past 14 days of the last exposure, (P) or (IV) Hepatitis A virus within the past 30 days of the last exposure. (P)

2. The person in charge shall notify the commissioner when a food employee is:

(i) Jaundiced, (Pf) or (ii) Diagnosed with an illness due to a pathogen as specified under items 1.(ii)(I)–(V) of this subparagraph. (Pf)

3. The person in charge shall ensure that a conditional employee:

(i) Who exhibits or reports a symptom, or who reports a diagnosed illness as specified under subparts 1.(i) –(iii) of this subparagraph, is prohibited from becoming a food employee until the conditional employee meets the criteria for the specific symptoms or diagnosed illness as specified under 0080-04-09-.02(2)(c); (P) and (ii) Who will work as a food employee in a food establishment that serves as a highly susceptible population and reports a history of exposure as specified under subparts 1.(iv)–(v), is prohibited from becoming a food employee until the conditional employee meets the criteria as specified under 0080- 04-09-.02(2)(c)9. (P)

4. The person in charge shall ensure that a food employee who exhibits or reports a symptom, or who reports a diagnosed illness or a history of exposure as specified under subparts 1.(i) –(v) of this subparagraph is:

(i) Excluded as specified under 0080-04-09-.02(2)(b)1.–3., 4.(i), 5.(i), 6.(i), or 7.(i) and in compliance with the provisions specified under 0080-04-09- .02(2)(c)1.–7.; (P) or (ii) Restricted as specified under 0080-04-09-.02(2)(b)4.(ii), 5.(ii), 6.(ii), 7.(ii), or 0080-04-09-.02(2)(b)8. or 9. and in compliance with the provisions specified under 0080-04-09-.02(2)(c)4.–9. (P)

5. A food employee or conditional employee shall report to the person in charge the information as specified under part 1. of this subparagraph. (Pf)

6. A food employee shall:

(i) Comply with an exclusion as specified under 0080-04-09-.02(2)(b)1.–3., 4.(i), 5.(i), 6.(i), or 7.(i) and with the provisions specified under 0080-04-09- .02(2)(c)4.–9.; (P) or (ii) Comply with a restriction as specified under 0080-04-09-.02(2)(b)4.(ii), 5.(ii), 6.(ii), 7.(ii), or 0080-04-09-.02(2)(b)8. or 9. and comply with the provisions specified under 0080-04-09-.02(2)(c)4.–9. (P)

(b) Exclusions and Restrictions. The person in charge shall exclude or restrict a food employee from a food establishment in accordance with the following:

1. Except when the symptom is from a noninfectious condition, exclude a food employee if the food employee is:

(i) Symptomatic with vomiting or diarrhea; (P) or (ii) Symptomatic with vomiting or diarrhea and diagnosed with an infection from Norovirus, Shigella spp., or Enterohemorrhagic or Shiga toxinproducing E. coli. (P)

2. Exclude a food employee who is:

(i) Jaundiced and the onset of jaundice occurred within the last seven calendar days, unless the food employee provides to the person in charge written medical documentation from a health practitioner specifying that the jaundice is not caused by hepatitis A virus or other fecal-orally transmitted infection; (P)

(ii) Diagnosed with an infection from hepatitis A virus within 14 calendar days from onset of any illness symptoms, or within seven calendar days of the onset of jaundice; (P) or (iii) Diagnosed with an infection from hepatitis A virus without developing symptoms. (P)

3. Exclude a food employee who is diagnosed with an infection from Salmonella Typhi, or reports a previous infection with Salmonella Typhi within the past 3 months as specified under 0080-04-09-.02(2)(a)1.(iii). (P)

4. If a food employee is diagnosed with an infection from Norovirus and is asymptomatic:

(i) Exclude the food employee who works in a food establishment serving a highly susceptible population; (P) or (ii) Restrict the food employee who works in a food establishment not serving a highly susceptible population. (P)

5. If a food employee is diagnosed with an infection from Shigella spp. and is asymptomatic:

(i) Exclude the food employee who works in a food establishment serving a highly susceptible population; (P) or (ii) Restrict the food employee who works in a food establishment not serving a highly susceptible population. (P)

6. If a food employee is diagnosed with an infection from Enterohemorrhagic or Shiga toxin-producing E. coli, and is asymptomatic:

(i) Exclude the food employee who works in a food establishment serving a highly susceptible population; (P) or (ii) Restrict the food employee who works in a food establishment not serving a highly susceptible population. (P)

7. If a food employee is ill with symptoms of acute onset of sore throat with fever:

(i) Exclude the food employee who works in a food establishment serving a highly susceptible population; (P) or (ii) Restrict the food employee who works in a food establishment not serving a highly susceptible population. (P)

8. If a food employee is infected with a skin lesion containing pus such as a boil or infected wound that is open or draining and not properly covered as specified under 0080-04-09-.02(2)(a)1.(i)(V), restrict the food employee. (P)

9. If a food employee is exposed to a foodborne pathogen as specified under 0080- 04-09-.02(2)(a)1.(iv) or (v), restrict the food employee who works in a food establishment serving a highly susceptible population. (P)

(c) Removal, Adjustment, or Retention of Exclusions and Restrictions. The person in charge shall adhere to the following conditions when removing, adjusting, or retaining the exclusion or restriction of a food employee:

1. Except when a food employee is diagnosed with an infection from hepatitis A virus or Salmonella Typhi:

(i) Reinstate a food employee who was excluded as specified under 0080-04- 09-.02(2)(b)1.(i) if the food employee:

(I) Is asymptomatic for at least 24 hours; (P) or (II) Provides to the person in charge written medical documentation from a health practitioner that states the symptom is from a noninfectious condition. (P)

(ii) If a food employee was diagnosed with an infection from Norovirus and excluded as specified under 0080-04-09-.02(2)(b)1.(ii):

(I) Restrict the food employee, who is asymptomatic for at least 24 hours and works in a food establishment not serving a highly susceptible population, until the conditions for reinstatement as specified under subparts 4.(i) or (ii) of this subparagraph are met; (P) or (II) Retain the exclusion for the food employee, who is asymptomatic for at least 24 hours and works in a food establishment that serves a highly susceptible population, until the conditions for reinstatement as specified under subparts 4.(i) or (ii) of this subparagraph are met.

(P)

(iii) If a food employee was diagnosed with an infection from Shigella spp. and excluded as specified under 0080-04-09-.02(2)(b)1.(ii):

(I) Restrict the food employee, who is asymptomatic for at least 24 hours and works in a food establishment not serving a highly susceptible population, until the conditions for reinstatement as specified under subparts 5.(i) and (ii) of this subparagraph are met;

(P) or (II) Retain the exclusion for the food employee, who is asymptomatic for at least 24 hours and works in a food establishment that serves a highly susceptible population, until the conditions for reinstatement as specified under subparts 5.(i) and (ii), or 5.(i) and (iii) of this subparagraph are met. (P)

(iv) If a food employee was diagnosed with an infection from Enterohemorrhagic or Shiga toxin-producing Escherichia coli and excluded as specified under 0080-04-09-.02(2)(b)1.(ii):

(I) Restrict the food employee, who is asymptomatic for at least 24 hours and works in a food establishment not serving a highly susceptible population, until the conditions for reinstatement as specified under subparts 6.(i) or (ii) of this subparagraph are met; (P) or (II) Retain the exclusion for the food employee, who is asymptomatic for at least 24 hours and works in a food establishment that serves a highly susceptible population, until the conditions for reinstatement as specified under subparts 6.(i) or (ii) are met. (P)

2. Reinstate a food employee who was excluded as specified under 0080-04-09- .02(2)(b)2. if the person in charge obtains approval from the commissioner and one of the following conditions is met;

(i) The food employee has been jaundiced for more than seven calendar days; (P)

(ii) The anicteric food employee has been symptomatic with symptoms other than jaundice for more than 14 calendar days; (P) or (iii) The food employee provides to the person in charge written medical documentation from a health practitioner stating that the food employee is free of a hepatitis A virus infection. (P)

3. Reinstate a food employee who was excluded as specified under 0080-04-09- .02(2)(b)3. if:

(i) The person in charge obtains approval from the commissioner; (P) and (ii) The food employee provides to the person in charge written medical documentation from a health practitioner that states the food employee is free from S. Typhi infection. (P)

4. Reinstate a food employee who was excluded as specified under 0080-04-09- .02(2)(b)1.(ii) or 4.(i) who was restricted under 0080-04-09-.02(2)(b)4.(ii) if the person in charge obtains approval from the commissioner and one of the following conditions is met:

(i) The excluded or restricted food employee provides to the person in charge written medical documentation from a health practitioner stating that the food employee is free of a Norovirus infection; (P)

(ii) The food employee was excluded or restricted after symptoms of vomiting or diarrhea resolved, and more than 48 hours have passed since the food employee became asymptomatic; (P) or (iii) The food employee was excluded or restricted and did not develop symptoms and more than 48 hours have passed since the food employee was diagnosed. (P)

5. Reinstate a food employee who was excluded as specified under 0080-04-09- .02(2)(b)1.(ii) or 5.(i) or who was restricted under 0080-04-09-.02(2)(b)5.(ii) if the person in charge obtains approval from the commissioner and one of the following conditions is met:

(i) The excluded or restricted food employee provides to the person in charge written medical documentation from a health practitioner stating that the food employee is free of a Shigella spp. infection based on test results showing two consecutive negative stool specimen cultures that are taken:

(I) Not earlier than 48 hours after discontinuance of antibiotics, (P) and (II) At least 24 hours apart; (P)

(ii) The food employee was excluded or restricted after symptoms of vomiting or diarrhea resolved, and more than seven calendar days have passed since the food employee became asymptomatic; (P) or (iii) The food employee was excluded or restricted and did not develop symptoms and more than seven calendar days have passed since the food employee was diagnosed. (P)

6. Reinstate a food employee who was excluded or restricted as specified under 0080-04-09-.02(2)(b)1.(ii) or 6.(i) or who was restricted under 0080-04-09- .02(2)(b)6.(ii) if the person in charge obtains approval from the commissioner and one of the following conditions is met:

(i) The excluded or restricted food employee provides to the person in charge written medical documentation from a health practitioner stating that the food employee is free of an infection from Enterohemorrhagic or Shiga toxin-producing Escherichia coli based on test results that show two consecutive negative stool specimen cultures that are taken:

(I) Not earlier than 48 hours after discontinuance of antibiotics; (P) and (II) At least 24 hours apart; (P)

(ii) The food employee was excluded or restricted after symptoms of vomiting or diarrhea resolved and more than seven calendar days have passed since the food employee became asymptomatic; (P) or (iii) The food employee was excluded or restricted and did not develop symptoms and more than seven days have passed since the food employee was diagnosed. (P)

7. Reinstate a food employee who was excluded or restricted as specified under 0080-04-09-.02(2)(b)7.(i) or (ii) if the food employee provides to the person in charge written medical documentation from a health practitioner stating that the food employee meets one of the following conditions:

(i) Has received antibiotic therapy for Streptococcus pyogenes infection for more than 24 hours; (P)

(ii) Has at least one negative throat specimen culture for Streptococcus pyogenes infection; (P) or (iii) Is otherwise determined by a health practitioner to be free of a Streptococcus pyogenes infection. (P)

8. Reinstate a food employee who was restricted as specified under 0080-04-09- .02(2)(b)8. if the skin, infected wound, cut, or pustular boil is properly covered with one of the following:

(i) An impermeable cover such as a finger cot or stall and a single-use glove over the impermeable cover if the infected wound or pustular boil is on the hand, finger, or wrist; (P)

(ii) An impermeable cover on the arm if the infected wound or pustular boil is on the arm; (P) or (iii) A dry, durable, tight-fitting bandage if the infected wound or pustular boil is on another part of the body. (P)

9. Reinstate a food employee who was restricted as specified under 0080-04-09- .02(2)(b)9. and was exposed to one of the following pathogens as specified under 0080-04-09-.02(2)(a)1.(iv) or (v):

(i) Norovirus and one of the following conditions is met:

(I) More than 48 hours have passed since the last day the food employee was potentially exposed; (P) or (II) More than 48 hours have passed since the food employee’s household contact became asymptomatic. (P)

(ii) Shigella spp. or Enterohemorrhagic or Shiga toxin-producing Escherichia coli and one of the following conditions are met:

(I) More than three calendar days have passed since the last day the food employee was potentially exposed; (P) or (II) More than three calendar days have passed since the food employee’s household contact became asymptomatic. (P)

(iii) S. Typhi and one of the following conditions are met:

(I) More than 14 calendar days have passed since the last day the food employee was potentially exposed; (P) or (II) More than 14 calendar days have passed since the food employee’s household contact became asymptomatic. (P)

(iv) Hepatitis A virus and one of the following conditions is met:

(I) The food employee is immune to hepatitis A virus infection because of a prior illness from hepatitis A; (P)

(II) The food employee is immune to hepatitis A virus infection because of vaccination against hepatitis A; (P)

(III) The food employee is immune to hepatitis A virus infection because of IgG administration; (P)

(IV) More than 30 calendar days have passed since the last day the food employee was potentially exposed; (P)

(V) More than 30 calendar days have passed since the food employee’s household contact became jaundiced; (P) or (VI) The food employee does not use an alternative procedure that allows bare hand contact with ready-to-eat food until at least 30 days after the potential exposure, as specified in items 9.(iv)(IV) and (V) of this subpart, and the food employee receives additional training about:

I. Hepatitis A symptoms and preventing the transmission of infection, (P)

II. Proper handwashing procedures, (P) and III. Protecting ready-to-eat food from contamination introduced by bare hand contact. (P)

(3) Personal Cleanliness.

(a) Clean Condition. Food employees shall keep their hands and exposed portions of their arms clean. (P)

(b) Cleaning Procedure.

1. Except as specified in part 4. of this subparagraph, food employees shall clean their hands and exposed portions of their arms, including surrogate prosthetic devices for hands or arms for at least 20 seconds, using a cleaning compound in a handwashing sink that is equipped as specified under or 0080-04-09- .05(2)(b)2. and 0080-04-09-.06(3)(a). (P)

2. Food employees shall use the following cleaning procedure in the order stated to clean their hands and exposed portions of their arms, including surrogate prosthetic devices for hands and arms:

(i) Rinse under clean, running warm water; (P)

(ii) Apply an amount of cleaning compound recommended by the cleaning compound manufacturer; (P)

(iii) Rub together vigorously for at least 10 to 15 seconds while:

(I) Paying particular attention to removing soil from underneath the fingernails during the cleaning procedure, (P) and (II) Creating friction on the surfaces of the hands and arms or surrogate prosthetic devices for hands and arms, finger tips, and areas between the fingers; (P)

(iv) Thoroughly rinse under clean, running warm water; (P) and (v) Immediately follow the cleaning procedure with thorough drying using a method as specified under 0080-04-09-.06(3)(a)3. (P)

3. To avoid recontaminating their hands or surrogate prosthetic devices, food employees may use disposable paper towels or similar clean barriers when touching surfaces such as manually operated faucet handles on a handwashing sink or the handle of a restroom door.

4. If approved and capable of removing the types of soils encountered in the food operations involved, an automatic handwashing facility may be used by food employees to clean their hands or surrogate prosthetic devices.

(c) When to Wash. Food employees shall clean their hands and exposed portions of their arms as specified under 0080-04-09-.02(3)(b) immediately before engaging in food preparation including working with exposed food, clean equipment and utensils, and unwrapped single-service and single-use articles (P) and:

1. After touching bare human body parts other than clean hands and clean, exposed portions of arms; (P)

2. After using the toilet room; (P)

3. After caring for or handling service animals or aquatic animals as specified in 0080-04-09-.02(4)(d)2.; (P)

4. Except as specified in 0080-04-09-.02(4)(a)2., after coughing, sneezing, using a handkerchief or disposable tissue, using tobacco, eating, or drinking; (P)

5. After handling soiled equipment or utensils; (P)

6. During food preparation, as often as necessary to remove soil and contamination and to prevent cross contamination when changing tasks; (P)

7. When switching between working with raw food and working with ready-to-eat food; (P)

8. Before donning gloves for working with food; (P) and 9. After engaging in other activities that contaminate the hands. (P)

(d) Where to Wash. Food employees shall clean their hands in a handwashing sink or approved automatic handwashing facility and shall not clean their hands in a sink used for food preparation or warewashing, or in a service sink or a curbed cleaning facility used for the disposal of mop water and similar liquid waste. (Pf)

(e) Hand Antiseptics.

1. A hand antiseptic used as a topical application, a hand antiseptic solution used as a hand dip, or a hand antiseptic soap shall:

(i) Comply with one of the following:

(I) Be an approved drug that is listed in the FDA publication Approved Drug Products with Therapeutic Equivalence Evaluations as an approved drug based on safety and effectiveness; (Pf) or (II) Have active antimicrobial ingredients that are listed in the FDA monograph for OTC Health-Care Antiseptic Drug Products as an antiseptic handwash, (Pf) and (ii) Comply with one of the following:

(I) Have components that are exempted from the requirement of being listed in federal food additive regulations as specified in 21 CFR 170.39 - Threshold of regulation for substances used in food-contact articles; (Pf) or (II) Comply with and be listed in:

I. 21 CFR 178 - Indirect Food Additives: Adjuvants, Production Aids, and Sanitizers as regulated for use as a food additive with conditions of safe use, (Pf) or II. 21 CFR 182 - Substances Generally Recognized as Safe, 21 CFR 184 - Direct Food Substances Affirmed as Generally Recognized as Safe, or 21 CFR 186 - Indirect Food Substances Affirmed as Generally Recognized as Safe for use in contact with food, (Pf) and III. Be applied only to hands that are cleaned as specified under 0080-04-09-.02(3)(b). (Pf)

2. If a hand antiseptic or a hand antiseptic solution used as a hand dip does not meet the criteria specified under (e)(ii) of this paragraph, use shall be:

(i) Followed by thorough hand rinsing in clean water before hand contact with food or by the use of gloves; (Pf) or (ii) Limited to situations that involve no direct contact with food by the bare hands.

3. A hand antiseptic solution used as a hand dip shall be maintained clean and at a strength equivalent to at least 100 mg/L chlorine. (Pf)

(f) Maintenance.

1. Food employees shall keep their fingernails trimmed, filed, and maintained so the edges and surfaces are cleanable and not rough. (Pf)

2. Unless wearing intact gloves in good repair, a food employee shall not wear fingernail polish or artificial fingernails when working with exposed food. (Pf)

(g) Prohibition. Except for a plain ring such as a wedding band, while preparing food, food employees shall not wear jewelry including medical information jewelry on their arms and hands.

(h) Clean Condition. Food employees shall wear clean outer clothing to prevent contamination of food, equipment, utensils, linens, and single-service and single-use articles.

(4) Hygienic Practices.

(a) Eating, Drinking, or Using Tobacco.

1. Except as specified in part 2. of this subparagraph, an employee shall eat, drink, or use any form of tobacco only in designated areas where the contamination of exposed food; clean equipment, utensils, and linens; unwrapped single-service and single-use articles; or other items needing protection cannot result.

2. A food employee may drink from a closed beverage container if the container is handled to prevent contamination of:

(i) The employee’s hands;

(ii) The container; and (iii) Exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles.

(b) Discharges from the Eyes, Nose, and Mouth. Food employees experiencing persistent sneezing, coughing, or a runny nose that causes discharges from the eyes, nose, or mouth shall not work with exposed food; clean equipment, utensils, and linens; or unwrap single-service or single-use articles.

(c) Effectiveness.

1. Except as provided in part 2. of this subparagraph, food employees shall wear hair restraints such as hats, hair coverings or nets, beard restraints, and clothing that covers body hair, that are designed and worn to effectively keep their hair from contacting exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles.

2. This section does not apply to food employees such as counter staff who only serve beverages and wrapped or packaged foods, hostesses, and wait staff if they present a minimal risk of contaminating exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles.

(d) Handling Prohibition.

1. Except as specified in part 2. of this subparagraph, food employees shall not care for or handle animals that may be present such as patrol dogs, service animals, or pets that are allowed as specified in 0080-04-09-.06(5)(o)2.(i) –(v).

(Pf)

2. Food employees with service animals may handle or care for their service animals and food employees may handle or care for fish in aquariums or molluscan shellfish or crustacean in display tanks if they wash their hands as specified under 0080-04-09-.02(3)(b) and 0080-04-09-.02(3)(c)3.

History

• Authority: T.C.A. § 53-8-204.
• Administrative History: Original rule filed September 30, 1986; effective November 14, 1986. Amendment filed February 20, 2002; effective June 28, 2002. Amendments filed June 27, 2008; effective October 28, 2008. Repeal and new rule filed March 27, 2015; effective June 25, 2015.

Tenn. Comp. R. & Regs. 0080-04-09-.03 FOOD

(1) Condition. Safe, Unadulterated, and Honestly Presented. Food shall be safe, unadulterated, and, as specified under 0080-04-09-.03(6)(a)2., honestly presented. (P)

(2) Sources, Specifications, and Original Containers and Records.

(a) Sources.

1. Compliance with Food Law.

(i) Food shall be obtained from sources that comply with law. (P)

(ii) Food prepared in a non-permitted private home shall not be used or offered for human consumption in a food establishment. (P)

(iii) Packaged food shall be labeled as specified in law, including 21 CFR 101 Food Labeling, 9 CFR 317 Labeling, Marking Devices, and Containers, and 9 CFR 381 Subpart N Labeling and Containers, and as specified under 0080-04-09-.03(2)(b)7. and 8. (Pf)

(iv) Fish, other than those specified in 0080-04-09-.03(4)(b), that are intended for consumption in raw or undercooked form and allowed as specified in 0080-04-09-.03(4)(a)1.(iv), may be offered for sale or service if they are obtained from a supplier that freezes the fish as specified under 0080-04- 09-.03(4)(b); or if they are frozen on the premises as specified under 0080- 04-09-.03(4)(b) and records are retained as specified under 0080-04-09- .03(4)(b)2.

(v) Whole-muscle, intact beef steaks that are intended for consumption in an undercooked form without a consumer advisory as specified in 0080-04- 09-.03(4)(a)1.(iii) shall be:

(I) Obtained from a food processing plant that, upon request by the purchaser, packages the steaks and labels them, to indicate that the steaks meet the definition of whole-muscle, intact beef; (Pf) or (II) Deemed acceptable by the commissioner based on other evidence, such as written buyer specifications or invoices, that indicates that the steaks meet the definition of whole-muscle, intact beef; (Pf) and (III) If individually cut in a food establishment:

I. Cut from whole-muscle, intact beef that is labeled by a food processing plant as specified in item (v)(I) or identified as specified in item (v)(II) of this part, (Pf)

II. Prepared so they remain intact; (Pf) and III. If packaged for undercooking in a food establishment, labeled in part (a)1.(v)(I) or identified as specified in part (a)1.(v)(II).

(Pf)

(vi) Meat and poultry that is not a ready-to-eat food and is in a packaged form when it is offered for sale or otherwise offered for consumption, shall be labeled to include safe handling instructions as specified in law, including 9 CFR 317.2(l) and 9 CFR 381.125(b).

(vii) Eggs that have not been specifically treated to destroy all viable salmonellae shall be labeled to include safe handling instructions as specified in law, including 21 CFR 101.17(h).

2. Food in a Hermetically Sealed Container. Food in a hermetically sealed container shall be obtained from a food processing plant that is regulated by the food regulatory agency that has jurisdiction over the plant. (P)

3. Fluid Milk and Milk Products. Fluid milk and milk products shall be obtained from sources that comply with Grade A standards as specified in law. (P)

4. Fish.

(i) Fish received for sale or service shall be: (P)

(I) Commercially and legally caught or harvested; (P) or (II) Approved for sale or service. (P)

(ii) Molluscan shellfish that are recreationally caught shall not be received for sale or service. (P)

5. Molluscan Shellfish.

(i) Molluscan shellfish shall be obtained from sources according to law and the requirements specified in the U.S. Department of Health and Human Services, Public Health Service, Food and Drug Administration, National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish.

(P)

(ii) Molluscan shellfish received in interstate commerce shall be from sources that are listed in the Interstate Certified Shellfish Shippers List. (P)

6. Wild Mushrooms.

(i) Except as specified in subpart (ii) of this part, mushroom species picked in the wild shall be obtained from sources where each mushroom is individually inspected and found to be safe by an approved mushroom identification expert. (P)

(ii) This part does not apply to:

(I) Cultivated wild mushroom species that are grown, harvested, and processed in an operation that is regulated by the food regulatory agency that has jurisdiction over the operation; or (II) Wild mushroom species if they are in packaged form and are the product of a food processing plant that is regulated by the food regulatory agency that has jurisdiction over the plant.

7. Game Animals.

(i) If game animals are received for sale or service they shall be:

(I) Commercially raised for food (P) and:

I. Raised, slaughtered, and processed under a voluntary inspection program that is conducted by the agency that has animal health jurisdiction, (P) or II. Under a routine inspection program conducted by a regulatory agency other than the agency that has animal health jurisdiction, (P) and III. Raised, slaughtered, and processed according to:

A. Laws governing meat and poultry as determined by the agency that has animal health jurisdiction and the agency that conducts the inspection program, (P) and B. Requirements which are developed by the agency that has animal health jurisdiction and the agency that conducts the inspection program with consideration of factors such as the need for antemortem and postmortem examination by an approved veterinarian or veterinarian’s designee; (P)

(II) Under a voluntary inspection program administered by the USDA for game animals such as exotic animals (reindeer, elk, deer, antelope, water buffalo, or bison) that are “inspected and approved” in accordance with 9 CFR 352 Exotic animals; voluntary inspection of rabbits that are “inspected and certified” in accordance with 9 CFR 354 voluntary inspection of rabbits and edible products thereof; (P)

(III) As allowed by law, for wild game animals that are live-caught:

I. Under a routine inspection program conducted by a regulatory agency such as the agency that has animal health jurisdiction, (P) and II. Slaughtered and processed according to:

A. Laws governing meat and poultry as determined by the agency that has animal health jurisdiction and the agency that conducts the inspection program, (P) and B. Requirements which are developed by the agency that has animal health jurisdiction and the agency that conducts the inspection program with consideration of factors such as the need for antemortem and postmortem examination by an approved veterinarian or veterinarian’s designee; (P) or (IV) As allowed by law, for field-dressed wild game animals under a routine inspection program that ensures the animals:

I. Receive a postmortem examination by an approved veterinarian or veterinarian’s designee, (P) or II. Are field-dressed and transported according to requirements specified by the agency that has animal health jurisdiction and the agency that conducts the inspection program, (P) and III. Are processed according to laws governing meat and poultry as determined by the agency that has animal health jurisdiction and the agency that conducts the inspection program. (P)

(ii) A game animal shall not be received for sale or service if it is a species of wildlife that is listed in 50 CFR 17 Endangered and threatened wildlife and plants.

8. Hemp. In addition to requirements under this chapter of rules, any person who sells or offers for sale at retail any food product labeled to contain or containing a hemp-derived cannabinoid shall also comply with regulations under Tenn. R. & Regs. 0080-10-03.

(b) Specifications for Receiving.

1. Temperature.

(i) Except as specified in subpart (ii) of this part, refrigerated, time/temperature control for safety food shall be at a temperature of 5°C (41°F) or below when received. (P)

(ii) If a temperature other than 5°C (41°F) for a time/temperature control for safety food is specified in law governing its distribution, such as laws governing milk and molluscaun shellfish, the food may be received at the specified temperature.

(iii) Raw eggs shall be received in refrigerated equipment that maintains an ambient air temperature of 5°C (41°F) or less. (P)

(iv) Time/temperature control for safety food that is cooked to a temperature and for a time specified under 0080-04-09-.03(4)(a)1.–3. and received hot shall be at a temperature of 57°C (135°F) or above. (P)

(v) A food that is labeled frozen and shipped frozen by a food processing plant shall be received frozen. (Pf)

(vi) Upon receipt, time/temperature control for safety food shall be free of evidence of previous temperature abuse. (Pf)

2. Additives. Food shall not contain unapproved food additives or additives that exceed amounts specified in 21 CFR 170-180 relating to food additives, generally recognized as safe or prior sanctioned substances that exceed amounts specified in 21 CFR 181-186, substances that exceed amounts specified in 9 CFR Subpart C Section 424.21(b) Food ingredients and sources of radiation, or pesticide residues that exceed provisions specified in 40 CFR 180 Tolerances for pesticides chemicals in food, and exceptions. (P)

3. Eggs. Eggs shall be received clean and sound and shall not exceed the restricted Egg tolerances for U.S. Consumer Grade B as specified in United States Standards, Grades, and Weight Classes for Shell Eggs, AMS 56.200 et seq., administered by the Agricultural Marketing Service of USDA. (P)

4. Eggs and Milk Products, Pasteurized.

(i) Egg Products shall be obtained pasteurized. (P)

(ii) Fluid and dry milk and milk products shall:

(I) Be obtained pasteurized; (P) and (II) Comply with Grade A standards as specified in law. (P)

(iii) Frozen milk products, such as ice cream, shall be obtained pasteurized as specified in 21 CFR 135 - Frozen desserts. (P)

(iv) Cheese shall be obtained pasteurized unless alternative procedures to pasteurization are specified in the CFR, such as 21 CFR 133 - Cheeses and related cheese products, for curing certain cheese varieties. (P)

5. Package Integrity. Food packages shall be in good condition and protect the integrity of the contents so that the food is not exposed to adulteration or potential contaminants. (Pf)

6. Ice. Ice for use as a food or a cooling medium shall be made from drinking water.

(P)

7. Shucked Shellfish, Packaging and Identification.

(i) Raw shucked shellfish shall be obtained in nonreturnable packages which bear a legible label that identifies the: (Pf)

(I) Name, address, and certification number of the shucker, packer or re-packer of the molluscan shellfish; (Pf) and (II) The “sell by” or “best if used by” date for packages with a capacity of less than 1.89 L (one-half gallon) or the date shucked for packages with a capacity of 1.89 L (one-half gallon) or more. (Pf)

(ii) A package of raw shucked shellfish that does not bear a label or which bears a label which does not contain all the information as specified under

subpart (i) of this part shall be subject to a hold order, as allowed by law, or seizure and destruction in accordance with 21 CFR Subpart D - Specific Administrative Decisions Regarding Interstate Shipments, Section 1240.60(d) Molluscan shellfish.

8. Shellstock Identification.

(i) Shellstock shall be obtained in containers bearing legible source identification tags or labels that are affixed by the harvester or dealer that depurates, ships, or reships the shellstock, as specified in the National Shellfish Sanitation Program Guide for the Control of Molluscan Shellfish, and that list: (Pf)

(I) Except as specified under subpart (iii) of this part, on the harvester’s tag or label, the following information in the following order: (Pf)

I. The harvester’s identification number that is assigned by the shellfish control authority, (Pf)

II. The date of harvesting, (Pf)

III. The most precise identification of the harvest location or aquaculture site that is practicable based on the system of harvest area designations that is in use by the shellfish control

authority and including the abbreviation of the name of the state or country in which the shellfish are harvested, (Pf)

IV. The type and quantity of shellfish, (Pf) and V. The following statement in bold, capitalized type: “This tag is required to be attached until container is empty or retagged and thereafter kept on file for 90 days”; (Pf) and (II) Except as specified in subpart (iv) of this part, on each dealer’s tag or label, the following information in the following order: (Pf)

I. The dealer’s name and address, and the certification numbers assigned by the shellfish control authority, (Pf)

II. The original shipper’s certification number including the abbreviation of the name of the state or country in which the shellfish are harvested, (Pf)

III. The same information as specified for a harvester’s tag under subitems 8.(i)(I)II.–IV. of this subparagraph, (Pf) and IV. The following statement in bold, capitalized type: “This tag is required to be attached until container is empty and thereafter kept on file for 90 days.” (Pf)

(ii) A container of shellstock that does not bear a tag or label or that bears a tag or label that does not contain all the information as specified under

subpart 8.(i) of this subparagraph shall be subject to a hold order, as allowed by law, or seizure and destruction in accordance with 21 CFR

Subpart D - Specific Administrative Decisions Regarding Interstate Shipments, Section 1240.60(d).

(iii) If a place is provided on the harvester’s tag or label for a dealer’s name, address, and certification number, the dealer’s information shall be listed first.

(iv) If the harvester’s tag or label is designed to accommodate each dealer’s identification as specified under subitems 8.(i)(II)I. and II. of this subparagraph, individual dealer tags or labels need not be provided.

9. Shellstock, Condition. When received by a food establishment, shellstock shall be reasonably free of mud, dead shellfish, and shellfish with broken shells. Dead shellfish or shellstock with badly broken shells shall be discarded.

10. Commercially Processed - Pre-packaged juice shall:

(i) Be obtained from a processor with a HACCP system as specified in 21 CFR Part 120 Hazard Analysis and Critical Control (HACCP) Systems; (Pf) and (ii) Be obtained pasteurized or otherwise treated to attain a 5-log reduction of the most resistant microorganism of public health significance as specified in 21 CFR Part 120.24 Process Controls. (P)

(c) Original Containers and Records.

1. Molluscan Shellfish, Original Container.

(i) Except as specified in subparts (ii)–(iv) of this part, molluscan shellfish shall not be removed from the container in which they are received other than immediately before sale or preparation for service.

(ii) For display purposes, shellstock may be removed from the container in which they are received, displayed on drained ice, or held in a display container, and a quantity specified by a consumer may be removed from the display or display container and provided to the consumer if:

(I) The source of the shellstock on display is identified as specified under 0080-04-09-.03(2)(b)8. and recorded as specified under 0080- 04-09-.03(2)(c)2.; and (II) The shellstock are protected from contamination.

(iii) Shucked shellfish may be removed from the container in which they were received and held in a display container from which individual servings are dispensed upon a consumer’s request if:

(I) The labeling information for the shellfish on display as specified under 0080-04-09-.03(2)(b)7. is retained and correlated to the date when, or dates during which, the shellfish are sold or served; and (II) The shellfish are protected from contamination.

(iv) Shucked shellfish may be removed from the container in which they were received and repacked in consumer self-service containers where allowed by law if:

(I) The labeling information for the shellfish is on each consumer selfservice container as specified under 0080-04-09-.03(2)(b)7. and 0080-04-09-.03(6)(b)1. and 0080-04-09-.03(6)(b)2.(i) –(v);

(II) The labeling information as specified under 0080-04-09-.03(2)(b)7. is retained and correlated with the date when, or dates during which, the shellfish are sold or served;

(III) The labeling information and dates specified under item (iv)(II) of this

part are maintained for 90 days; and (IV) The shellfish are protected from contamination.

2. Shellstock, Maintaining Identification.

(i) Except as specified under item (iii)(II) of this part, shellstock tags or labels shall remain attached to the container in which the shellstock are received until the container is empty. (Pf)

(ii) The date when the last shellstock from the container is sold or served shall be recorded on the tag or label. (Pf)

(iii) The identity of the source of shellstock that are sold or served shall be maintained by retaining shellstock tags or labels for 90 calendar days from the date that is recorded on the tag or label, as specified under subpart (ii) of this part, by: (Pf)

(I) Using an approved record keeping system that keeps the tags or labels in chronological order correlated to the date that is recorded on the tag or label, as specified under subpart (ii) of this part; (Pf) and (II) If shellstock are removed from its tagged or labeled container:

I. Preserving source identification by using a record keeping system as specified under item (iii)(I) of this part, (Pf) and II. Ensuring that shellstock from one tagged or labeled container are not commingled with shellstock from another container with different certification numbers; different harvest dates; or different growing areas as identified on the tag or label before being ordered by the consumer. (Pf)

(3) Protection from Contamination after Receiving.

(a) Preventing Contamination by Employees.

1. Preventing Contamination from Hands.

(i) Food employees shall wash their hands as specified under 0080-04-09- .02(3)(b).

(ii) Except when washing fruits and vegetables as specified under 0080-04- 09-.03(3)(b)5. or as specified in subpart (v) of this part, food employees shall not contact exposed, ready-to-eat with their bare hands and shall use suitable utensils such as deli tissue, spatulas, tongs, single-use gloves, or dispensing equipment. (P)

(iii) Food employees shall minimize bare hand and arm contact with exposed food that is not in a ready-to-eat form. (Pf)

(iv) Subpart (ii) of this part does not apply to a food employee who contacts exposed, ready-to-eat food with bare hands at the time the ready-to-eat food is being added as an ingredient to a food that is to be cooked in the food establishment to heat all parts of the food to a temperature of at least 74°C (165°F).

(v) Food employees not serving a highly susceptible population may contact exposed, ready-to-eat food with their bare hands if:

(I) The permit holder obtains prior approval from the commissioner;

(II) Written procedures are maintained in the food establishment and made available to the commissioner upon request that include:

I. For each bare hand contact procedure, a listing of the specific ready-to-eat foods that are touched by bare hands, II. Diagrams and other information showing that handwashing facilities, installed, located, equipped, and maintained as specified under 0080-04-09-.05(2)(c)1., 0080-04-09- .05(2)(d)1., 0080-04-09-.05(2)(e)1., 0080-04-09-.06(3)(a)2., 0080-04-09-.06(3)(a)3., and 0080-04-09-.06(3)(a)5., are in an easily accessible location and in close proximity to the work station where the bare hand contact procedure is conducted;

(III) A written employee health policy that details how the food establishment complies with 0080-04-09-.02(2)(a), (b), and (c) including:

I. Documentation that food employees and conditional employees acknowledge that they are informed to report information about their health and activities as they relate to gastrointestinal symptoms and diseases that are transmittable through food as specified under 0080-04-09-.02(2)(a)1., II. Documentation that food employees and conditional employees acknowledge their responsibilities as specified under 0080-04-09-.02(2)(a)5. and 6., and III. Documentation that the person in charge acknowledges the responsibilities as specified under 0080-04-09-.02(2)(a)2., 3., and 4., and 0080-04-09-.02(2)(b) and 0080-04-09-.02(2)(c);

(IV) Documentation that food employees acknowledge that they have received training in:

I. The risks of contacting the specific ready-to-eat foods with bare hands, II. Proper handwashing as specified under 0080-04-09-.02(3)(b), III. When to wash their hands as specified under 0080-04-09- .02(3)(c), IV. Where to wash their hands as specified under 0080-04-09- .02(3)(d), V. Proper fingernail maintenance as specified under 0080-04-09- .02(3)(f), VI. Prohibition of jewelry as specified under 0080-04-09-.02(3)(g), and VII. Good hygienic practices as specified under 0080-04-09- .02(4)(a) and 0080-04-09-.02(4)(b);

(V) Documentation that hands are washed before food preparation and as necessary to prevent cross contamination by food employees as specified under 0080-04-09-.02(3)(a), 0080-04-09-.02(3)(b), 0080- 04-09-.02(3)(c), and 0080-04-09-.02(3)(d) during all hours of operation when the specific ready-to-eat foods are prepared;

(VI) Documentation that food employees contacting ready-to-eat food with bare hands use two or more of the following control measures to provide additional safeguards to hazards associated with bare hand contact:

I. Double handwashing, II. Nail brushes, III. A hand antiseptic after handwashing as specified under 0080- 04-09-.02(3)(e), IV. Incentive programs such as paid sick leave that assist or encourage food employees not to work when they are ill, or V. Other control measures approved by the commissioner; and VI. Documentation that corrective action is taken when items (v)(I)–(VI) of this part are not followed.

2. Preventing Contamination When Tasting. A food employee shall not use a utensil more than once to taste food that is to be sold or served. (P)

(b) Preventing Food and Ingredient Contamination.

1. Packaged and Unpackaged Food – Separation, Packaging, and Segregation.

(i) Food shall be protected from cross contamination by:

(I) Except as specified in subitem (I)III. below, separating raw animal foods during storage, preparation, holding, and display from:

I. Raw ready-to-eat including other raw animal food such as fish for sushi or molluscan shellfish, or other raw ready-to-eat food such as fruits and vegetables, (P) and II. Cooked ready-to-eat food; (P)

III. Frozen, commercially processed and packaged raw animal food may be stored or displayed with or above frozen, commercially processed and packaged, ready-to-eat food.

(II) Except when combined as ingredients, separating types of raw animal foods from each other such as beef, fish, lamb, pork, and poultry during storage, preparation, holding, and display by:

I. Using separate equipment for each type, (P) or II. Arranging each type of food in equipment so that cross contamination of one type with another is prevented, (P) and III. Preparing each type of food at different times or in separate areas;

(III) Cleaning equipment and utensils as specified under 0080-04-09- .04(6)(b)1.(i) and sanitizing as specified under 0080-04-09-.04(7)(c);

(IV) Except as specified under 0080-04-09-.03(5)(a)5.(ii)(II) and in

subpart (ii) of this part, storing the food in packages, covered containers, or wrappings;

(V) Cleaning hermetically sealed containers of food of visible soil before opening;

(VI) Protecting food containers that are received packaged together in a case or overwrap from cuts when the case or overwrap is opened;

(VII) Storing damaged, spoiled, or recalled food being held in the food establishment as specified under 0080-04-09-.06(4)(d); and (VIII) Separating fruits and vegetables, before they are washed as specified under 0080-04-09-.03(3)(b)5. from ready-to-eat foods.

(ii) Item (i)(IV) of this part does not apply to:

(I) Whole, uncut, raw fruits and vegetables and nuts in the shell, that require peeling or hulling before consumption;

(II) Primal cuts, quarters, or sides of raw meat or slab bacon that are hung on clean, sanitized hooks or placed on clean, sanitized racks;

(III) Whole, uncut, processed meats such as country hams, and smoked or cured sausages that are placed on clean, sanitized racks;

(IV) Food being cooled as specified under 0080-04-09-.03(5)(a)5.(ii)(II); or (V) Shellstock.

2. Food Storage Containers, Identified with Common Name of Food. Except for containers holding food that can be readily and unmistakably recognized such as dry pasta, working containers holding food or food ingredients that are removed from their original packages for use in the food establishment, such as cooking oils, flour, herbs, potato flakes, salt, spices, and sugar shall be identified with the common name of the food.

3. Pasteurized Eggs, Substitute for Raw Eggs for Certain Recipes. Pasteurized eggs or egg product shall be substituted for raw eggs in the preparation of foods such as Caesar salad, hollandaise or Béarnaise sauce, mayonnaise, meringue, eggnog, ice cream, and egg-fortified beverages that are not:

(i) Cooked as specified under 0080-04-09-.03(4)(a)1.(i) or (ii); (P) or (ii) Included in 0080-04-09-.03(4)(a)1.(iv). (P)

4. Protection from Unapproved Additives.

(i) Food shall be protected from contamination that may result from the addition of, as specified in 0080-04-09-.03(2)(b)2.:

(I) Unsafe or unapproved food or color additives; (P) and (II) Unsafe or unapproved levels of approved and color additives. (P)

(ii) A food employee shall not:

(I) Apply sulfiting agents to fresh fruits and vegetables intended for raw consumption or to a food considered to be a good source of vitamin B1; (P) or (II) Except for grapes, serve or sell food specified under item (I) of this

subpart that is treated with sulfiting agents before receipt by the food establishment. (P)

5. Washing Fruits and Vegetables.

(i) Except as specified in subpart (ii) of this part and except for whole, raw fruits and vegetables that are intended for washing by the consumer before consumption, raw fruits and vegetables shall be thoroughly washed in water to remove soil and other contaminants before being cut, combined with other ingredients, cooked, served, or offered for human consumption in ready-to-eat form.

(ii) Fruits and vegetables may be washed by using chemicals as specified under 0080-04-09-.07(2)(d)2.

(c) Preventing Contamination from Ice Used as Coolant.

1. Ice Used as Exterior Coolant, Prohibited as Ingredient. After use as a medium for cooling the exterior surfaces of food such as melons or fish, packaged foods such as canned beverages, or cooling coils and tubes of equipment, ice shall not be used as food. (P)

2. Storage or Display of Food in Contact with Water or Ice.

(i) Packaged food shall not be stored in direct contact with ice or water if the food is subject to the entry of water because of the nature of its packaging, wrapping, or container or its positioning in the ice or water.

(ii) Except as specified in subparts (iii) and (iv) of this part, unpackaged food shall not be stored in direct contact with undrained ice.

(iii) Whole, raw fruits or vegetables; cut, raw vegetables such as celery or carrot sticks or cut potatoes; and tofu may be immersed in ice or water.

(iv) Raw poultry and raw fish that are received immersed in ice in shipping containers may remain in that condition while in storage awaiting preparation, display, service, or sale.

(d) Preventing Contamination from Equipment, Utensils, and Linens.

1. Food Contact with Equipment and Utensils. Food shall only contact surfaces of:

(i) Equipment and utensils that are cleaned as specified under 0080-04-09- .04(6) and sanitized as specified under 0080-04-09-.04(7); (P) or (ii) Single-service and single-use articles. (P)

2. In-Use Utensils, Between-Use Storage. During pauses in food preparation or dispensing, food preparation and dispensing utensils shall be stored:

(i) Except as specified under subpart (ii) of this part, in the food with their handles above the top of the food and the container;

(ii) In food that is not time/temperature control for safety food with their handles above the top of the food within containers or equipment that can be closed, such as bins of sugar, flour, or cinnamon;

(iii) On a clean portion of the food preparation table or cooking equipment only if the in-use utensil and the food-contact surface of the food preparation table or cooking equipment are cleaned and sanitized at a frequency specified under 0080-04-09-.04(6)(b) and 0080-04-09-.04(7)(b);

(iv) In running water of sufficient velocity to flush particulates to the drain, if used with moist food such as ice cream or mashed potatoes;

(v) In a clean, protected location if the utensils, such as ice scoops, are used only with a food that is not time/temperature control for safety food; or (vi) In a container of water if the water is maintained at a temperature of at least 57°C (135°F) and the container is cleaned at a frequency specified under 0080-04-09-.04(6)(b)1.(iv)(VII).

3. Linens and Cloth Napkins, Use Limitation. Linens and cloth napkins shall not be used in contact with food unless they are used to line a container for the service of foods and the linens and napkins are replaced each time the container is refilled for a new consumer.

4. Wiping Cloths, Use Limitation.

(i) Cloths in-use for wiping food spills from tableware and carry-out containers that occur as food is being served shall be:

(I) Maintained dry; and (II) Used for no other purpose.

(ii) Cloths in-use for wiping counters and other equipment surfaces shall be:

(I) Held between uses in a chemical sanitizer solution at a concentration specified under 0080-04-09-.04(5)(a)14.; and (II) Laundered daily as specified under 0080-04-09-.04(8)(b)4.

(iii) Cloths in-use for wiping surfaces in contact with raw animal foods shall be kept separate from cloths used for other purposes.

(iv) Dry wiping cloths and the chemical sanitizing solutions specified in item (ii)(I) of this part in which wet wiping cloths are held between uses shall be free of food debris and visible soil.

(v) Containers of chemical sanitizing solutions specified in item (ii)(I) of this

part in which wet wiping cloths are held between uses shall be stored off the floor and used in a manner that prevents contamination of food, equipment, utensils, linens, single-service, or single-use articles.

(vi) Single-use disposable sanitizer wipes shall be used in accordance with EPA-approved manufacturer’s label use instructions.

5. Gloves, Use Limitation.

(i) If used, single-use gloves shall be used for only one task such as working with ready-to-eat or with raw animal food, used for no other purpose, and discarded when damaged or soiled, or when interruptions occur in the operation. (P)

(ii) Except as specified in subpart (iii) of this part, slash-resistant gloves that are used to protect the hands during operations requiring cutting shall be used in direct contact only with food that is subsequently cooked as specified under 0080-04-09-.03(4) such as frozen food or a primal cut of meat.

(iii) Slash-resistant gloves may be used with ready-to-eat food that will not be subsequently cooked if the slash-resistant gloves have a smooth, durable, and nonabsorbent outer surface; or if the slash-resistant gloves are covered with a smooth, durable, nonabsorbent glove, or a single-use glove.

(iv) Cloth gloves shall not be used in direct contact with food unless the food is subsequently cooked as required under 0080-04-09-.03(4) such as frozen food or a primal cut of meat.

6. Using Clean Tableware for Second Portions and Refills.

(i) Except for refilling a consumer’s drinking cup or container without contact between the pouring utensil and the lip-contact area of the drinking cup or container, food employees shall not use tableware, including single-service articles, soiled by the consumer, to provide second portions or refills.

(ii) Except as specified in subpart (iii) of this part, self-service consumers shall not be allowed to use soiled tableware, including single-service articles, to obtain additional food from the display and serving equipment.

(iii) Drinking cups and containers may be reused by self-service consumers if refilling is a contamination-free process as specified under 0080-04-09- .04(2)(d)3.(i),(ii) and (iv).

7. Refilling Returnables.

(i) A take-home food container returned to a food establishment shall not be refilled at a food establishment with a time/temperature control for safety food.

(ii) Except as specified in subpart (iii) of this part, a take-home food container refilled with food that is not time/temperature control for safety food shall be cleaned as specified under 0080-04-09-.04(6)(c)7.(ii).

(iii) Personal take-out beverage containers, such as thermally insulated bottles, nonspill coffee cups, and promotional beverage glasses, may be refilled by employees or the consumer if refilling is a contamination-free process as specified under 0080-04-09-.04(2)(d)3.(i), (ii) and (iv).

(e) Preventing Contamination from the Premises.

1. Food Storage.

(i) Except as specified in subparts (ii) and (iii) of this part, food shall be protected from contamination by storing the food:

(I) In a clean, dry location;

(II) Where it is not exposed to splash, dust, or other contamination; and (III) At least 15 cm (6 inches) above the floor.

(ii) Food in packages and working containers may be stored less than 15 cm (6 inches) above the floor on case lot handling equipment as specified under 0080-04-09-.04(2)(d)18.

(iii) Pressurized beverage containers, cased food in waterproof containers such as bottles or cans, and milk containers in plastic crates may be stored on a floor that is clean and not exposed to floor moisture.

2. Food Storage, Prohibited Areas. Food shall not be stored:

(i) In locker rooms;

(ii) In toilet rooms;

(iii) In dressing rooms;

(iv) In garbage rooms;

(v) In mechanical rooms;

(vi) Under sewer lines that are not shielded to intercept potential drips;

(vii) Under leaking water lines, including leaking automatic fire sprinkler heads, or under lines on which water has condensed;

(viii) Under open stairwells; or (ix) Under other sources of contamination.

3. Food Preparation. During preparation, unpackaged food shall be protected from environmental sources of contamination.

(f) Preventing Contamination by Consumers.

1. Food Display. Except for nuts in the shell and whole, raw fruits and vegetables that are intended for hulling, peeling, or washing by the consumer before consumption, food on display shall be protected from contamination by the use of packaging; counter, service line, or salad bar food guards; display cases; or other effective means. (P)

2. Condiments, Protection. Condiments shall be protected from contamination by being kept in dispensers that are designed to provide protection, protected food displays provided with the proper utensils, original containers designed for dispensing, or individual packages or portions.

3. Consumer Self-Service Operations.

(i) Raw, unpackaged animal food, such as beef, lamb, pork, poultry, and fish shall not be offered for consumer self-service. This subpart does not apply to:

(I) Consumer self-service of ready-to-eat foods at buffets or salad bars that serve foods such as sushi or raw shellfish;

(II) Ready-to-cook individual portions for immediate cooking and consumption on the premises such as consumer-cooked meats or consumer-selected ingredients for Mongolian barbecue; or (III) Raw, frozen, shell-on shrimp, or lobster.

(ii) Consumer self-service operations for ready-to-eat foods shall be provided with suitable utensils or effective dispensing methods that protect the food from contamination. (Pf)

(iii) Consumer self-service operations such as buffets and salad bars shall be monitored by food employees trained in safe operating procedures. (Pf)

4. Returned Food and Re-Service of Food.

(i) Except as specified in subpart (ii) of this part, after being served or sold and in the possession of a consumer, food that is unused or returned by the consumer shall not be offered as food for human consumption. (P)

(ii) Except as specified under 0080-04-09-.03(8)(a)7., a container of food that is not time/temperature control for safety food may be re-served from one consumer to another if:

(I) The food is dispensed so that it is protected from contamination and the container is closed between uses, such as a narrow-neck bottle containing catsup, steak sauce, or wine; or (II) The food, such as crackers, salt, or pepper, is in an unopened original package and is maintained in sound condition.

(g) Preventing Contamination from Other Sources. Miscellaneous Sources of Contamination. Food shall be protected from contamination that may result from a factor or source not specified under 0080-04-09-.03(3).

(4) Destruction of Organisms of Public Health Concern.

(a) Cooking.

1. Raw Animal Foods.

(i) Except as specified under subparts (ii), (iii) and (iv) of this part, raw animal foods such as eggs, fish, meat, poultry, and foods containing these raw animal foods, shall be cooked to heat all parts of the food to a temperature and for a time that complies with one of the following methods based on the food that is being cooked:

(I) 63°C (145°F) or above for 15 seconds for: (P)

I. Raw eggs that are broken and prepared in response to a consumer’s order and for immediate service, (P) and II. as specified under items (i)(I) and (III) and subpart (ii), and in

subpart (iii) of this part, fish and meat including game animals commercially raised for food as specified under 0080-04-09- .03(2)(a)7.(i)(I) and game animals under a voluntary inspection program as specified under 0080-04-09-.03(2)(a)7.(i)(II); (P)

(II) 68°C (155°F) for 15 seconds or the temperature specified in the following chart that corresponds to the holding time for ratites, mechanically tenderized, and injected meats; the following if they are comminuted: fish, meat, game animals commercially raised for food as specified under 0080-04-09-.03(2)(a)7.(i)(I), and game animals under a voluntary inspection program as specified 0080-04-09- .03(2)(a)7.(i)(II) and raw eggs that are not prepared as specified under subitem 1.(i)(I)I. of this subparagraph: (P) ; or (III) 74°C (165°F) or above for 15 seconds for poultry, baluts, wild game animals as specified under 0080-04-09-.03(2)(a)7.(i)(III) and (IV), stuffed fish, stuffed meat, stuffed pasta, stuffed poultry, stuffed ratites, or stuffing containing fish, meat, poultry, or ratites. (P)

(ii) Whole meat roasts including beef, corned beef, lamb, pork, and cured pork roasts such as ham shall be cooked:

Minimum Temperature Time o C ( o F) 63 (145) 3 minutes 66 (150) 1 minute 70 (158) < 1 second (instantaneous)

(I) In an oven that is preheated to the temperature specified for the roast’s weight in the following chart and that is held at that temperature: (P)

Oven Type Oven Temperature Based on Roast Weight Less than 4.5 kg (10lbs) 4.5 kg (10 lbs) or More Still Dry o C (350 o F) or more o C (250 o F) or more Convection o C (325 o F) or more o C (250 o F) or more High Humidity o C (250 o F) or less o C (250 o F) or less Relative humidity greater than 90% for at least 1 hour as measured in the cooking chamber or exit of the oven; or in a moisture-impermeable bag that provides 100% humidity. ; and (II) As specified in the following chart, to heat all parts of the food to a temperature and for the holding time that corresponds to that temperature: (P)

(iii) A raw or undercooked whole-muscle, intact beef steak may be served or offered for sale in a ready-to-eat form if:

(I) The food establishment serves a population that is not a highly susceptible population, (II) The steak is labeled to indicate that it meets the definition of “wholemuscle, intact beef” as specified under 0080-04-09-.03(2)(a)1.(v), and Temperature °C (°F)

Time in Minutes Temperature °C (°F)

Time in Seconds 54.4 (130) 112 63.9 (147) 134 55.0 (131) 89 65.0 (149) 85 56.1 (133) 56 66.1 (151) 54 57.2 (135) 36 67.2 (153) 34 57.8 (136) 28 68.3 (155) 22 58.9 (138) 18 69.4 (157) 14 60.0 (140) 12 70.0 (158) 0 61.1 (142) 8 62.2 (144) 5 62.8 (145) 4 Holding time may include postoven heat rise.

(III) The steak is cooked on both the top and bottom to a surface temperature of 63°C (145°F) or above and a cooked color change is achieved on all external surfaces.

(iv) A raw animal food such as raw egg, raw fish, raw-marinated fish, raw molluscan shellfish, or steak tartar; or a partially cooked food such as lightly cooked fish, soft cooked eggs, or rare meat other than wholemuscle, intact beef steaks as specified in subpart (iii) of this part, may be served or offered for sale upon consumer request or selection in a readyto-eat form if:

(I) As specified under 0080-04-09-.03(8)(a)3.(i) and (ii) , the food establishment serves a population that is not a highly susceptible population;

(II) The food, if served or offered for service by consumer selection from a children’s menu, does not contain comminuted meat; (Pf) and (III) The consumer is informed as specified under 0080-04-09-.03(6)(c) that to ensure its safety, the food should be cooked as specified under subpart (i) or (ii) of this part; or (IV) The commissioner grants a variance from subpart (i) or (ii) of this

part as specified in 0080-04-09-.08(1)(c)1. based on a HACCP plan that:

I. Is submitted by the permit holder and approved as specified under 0080-04-09-.08(1)(c)2., II. Documents scientific data or other information showing that a lesser time and temperature regimen results in a safe food, and III. Verifies that equipment and procedures for food preparation and training of food employees at the food establishment meet the conditions of the variance.

2. Microwave Cooking. Raw animal foods cooked in a microwave oven shall be:

(i) Rotated or stirred throughout or midway during cooking to compensate for uneven distribution of heat;

(ii) Covered to retain surface moisture;

(iii) Heated to a temperature of at least 74°C (165°F) in all parts of the food; and (iv) Allowed to stand covered for two minutes after cooking to obtain temperature equilibrium.

3. Plant Food Cooking for Hot Holding. Fruits and vegetables cooked for hot holding shall be cooked to a temperature of 57°C (135°F). (Pf)

4. Non-Continuous Cooking of Raw Animal Foods. Raw animal foods cooked using a non-continuous cooking process shall be:

(i) Subject to an initial heating process that is no longer than sixty minutes in duration; (P)

(ii) Immediately after initial heating, cooled according to the time and temperature parameters specified for cooked time/temperature control for safety food under 0080-04-09-.03(5)(a)4.; (P)

(iii) After cooling, held frozen or cold, as specified for time/temperature control for safety food under 0080-04-09-.03(5)(a)6.(i)(II); (P)

(iv) Prior to sale or service, cooked using a process that heats all parts of the food to a temperature of at least 74°C (165°F) for 15 seconds; (P)

(v) Cooled according to the time and temperature parameters specified for cooked time /temperature control for safety food under 0080-04-09- .03(5)(a)4. if not either hot held as specified under 0080-04-09- .03(5)(a)6.(i)(I), served immediately, or held using time as a public health control as specified under 0080-04-09-.03(5)(a)9. after complete cooking;

(P) and (vi) Prepared and stored according to written procedures that:

(I) Have obtained prior approval from the commissioner; (Pf)

(II) Are maintained in the food establishment and are available to the commissioner upon request; (Pf)

(III) Describe how the requirements specified under subparts (i)–(v) of this part are to be monitored and documented by the permit holder and the corrective actions to be taken if the requirements are not met; (Pf)

(IV) Describe how the foods, after initial heating, but prior to complete cooking, are to be marked or otherwise identified as foods that must be cooked as specified under subpart (iv) of this part prior to being offered for sale or service; (Pf) and (V) Describe how the foods, after initial heating but prior to cooking as specified under subpart (iv) of this part, are to be separated from ready-to-eat foods as specified under 0080-04-09-.03(3)(b). (Pf)

(b) Freezing.

1. Parasite Destruction.

(i) Except as specified in subpart (ii) of this part, before service or sale in ready-to-eat form, raw, raw-marinated, partially cooked, or marinatedpartially cooked fish shall be:

(I) Frozen and stored at a temperature of -20°C (-4°F) or below for a minimum of 168 hours (7 days) in a freezer; (P)

(II) Frozen at -35°C (-31°F) or below until solid and stored at -35°C (-31°F) or below for a minimum of 15 hours; (P) or (III) Frozen at -35°C (-31°F) or below until solid and stored at -20°C (-4°F) or below for a minimum of 24 hours. (P)

(ii) Subpart (i) of this part does not apply to:

(I) Molluscan shellfish;

(II) Tuna of the species Thunnus alalunga, Thunnus albacares (Yellowfin tuna), Thunnus atlanticus, Thunnus maccoyii (Bluefin tuna, Southern), Thunnus obesus (Bigeye tuna), Scallops consisting only of the shucked abductor muscle, or Thunnus thynnus (Bluefin tuna, Northern); or (III) Aquacultured fish, such as salmon, that:

I. If raised in open water, are raised in net-pens, or II. Are raised in land-based operations such as ponds or tanks, and III. Are fed formulated feed, such as pellets, that contains no live parasites infective to the aquacultured fish.

(IV) Fish eggs that have been removed from the skein and rinsed.

2. Records, Creation and Retention.

(i) Except as specified in 0080-04-09-.03(4)(b)1.(ii) and subpart (ii) of this

part, if raw, raw-marinated, partially cooked, or marinated-partially cooked fish are served or sold in ready-to-eat form, the person in charge shall record the freezing temperature and time to which the fish are subjected and shall retain the records of the food establishment for 90 calendar days beyond the time of service or sale of the fish. (Pf)

(ii) If the fish are frozen by a supplier, a written agreement or statement from the supplier stipulating that the fish supplied are frozen to a temperature and for a time specified under 0080-04-09-.03(4)(b)1. may substitute for the records specified under subpart (i) of this part.

(iii) If raw, raw-marinated, partially cooked, or marinated-partially cooked fish are served or sold in ready-to-eat form, and the fish are raised and fed as specified in 0080-04-09-.03(4)(b)1.(ii)(III), a written agreement or statement from the supplier or aquaculturist stipulating that the fish were raised and fed as specified in 0080-04-09-.03(4)(b)1.(ii)(III) shall be obtained by the person in charge and retained in the records of the food establishment for 90 calendar days beyond the time of service or sale of the fish. (Pf)

3. Preparation for Immediate Service. Cooked and refrigerated food that is prepared for immediate service in response to an individual consumer order, such as a roast beef sandwich au jus, may be served at any temperature.

(c) Reheating for Hot Holding.

1. Except as specified under parts 1. and 3. and in part 5. of this subparagraph, time/temperature control for safety food) that is cooked, cooled, and reheated for hot holding shall be reheated so that all parts of the food reach a temperature of at least 74°C (165°F) for 15 seconds. (P)

2. Except as specified under part 3. of this subparagraph, time/temperature control for safety food reheated in a microwave oven for hot holding shall be reheated so that all parts of the food reach a temperature of at least 74°C (165°F) and the food is rotated or stirred, covered, and allowed to stand covered for two minutes after reheating. (P)

3. Ready-to-eat food taken from a commercially processed, heremetically-sealed container, or from an intact package from a food processing plant that is inspected by the food commissioner that has jurisdiction over the plant, shall be heated to a temperature of at least 57°C (135°F) for hot holding. (P)

4. Reheating for hot holding as specified under parts 1. through 3. of this subparagraph shall be completed within two hours and the time the food is between 5°C (41°F) or 7°C (45°F) and the temperatures specified under parts 1. through 3. of this subparagraph shall not exceed two hours. (P)

5. Remaining unsliced portions of meat roasts that are cooked as specified under 0080-04-09-.03(4)(a)1.(ii) may be reheated for hot holding using the oven parameters and minimum time and temperature conditions specified under 0080- 04-09-.03(4)(a)1.(ii).

(d) Other Methods. Treating Juice. Juice packaged in a food establishment shall be:

1. Treated under a HACCP PLAN as specified in 0080-04-09-.08(2)(d)2.–5. to attain a 5-log reduction, which is equal to a 99.999% reduction, of the most resistant microorganism of public health significance; (P) or 2. Labeled, if not treated to yield a 5-log reduction of the most resistant microorganism of public health significance: (Pf)

(i) As specified under 0080-04-09-.03(6)(c), (Pf) and (ii) As specified in 21 CFR 101.17(g) Food labeling, warning, notice, and safe handling statements, juices that have not been specifically processed to prevent, reduce, or eliminate the presence of pathogens with the following, “WARNING: This product has not been pasteurized and, therefore, may contain harmful bacteria that can cause serious illness in children, the elderly, and persons with weakened immune systems.” (Pf)

(5) Limitation of Growth of Organisms of Public Health Concern.

(a) Temperature and Time Control.

1. Frozen Food. Stored frozen foods shall be maintained frozen.

2. Time/Temperature Control for Safety Food, Slacking. Frozen time/temperature control for safety food that is slacked to moderate the temperature shall be held:

(i) Under refrigeration that maintains the food temperature at 5°C (41°F) or less.

(ii) At any temperature if the food remains frozen.

3. Thawing. Except as specified in subpart (iv) of this part, time/temperature control for safety food shall be thawed:

(i) Under refrigeration that maintains the food temperature at 5°C (41°F) or less.

(ii) Completely submerged under running water:

(I) At a water temperature of 21°C (70°F) or below, (II) With sufficient water velocity to agitate and float off loose particles in an overflow, (III) Such that for ready-to-eat food, the temperature of thawed portions do not rise above 5°C (41°F), and (IV) Such that for raw animal food requiring cooking as specified under 0080-04-09-.03(4)(a)1.(i) or (ii), thawed portions are not above 5°C (41°F) , for more than four hours including:

I. The time the food is exposed to the running water and the time needed for preparation for cooking, or II. The time it takes under refrigeration to lower the food temperature to 5°C (41°F);

(iii) As part of a cooking process if the food that is frozen is:

(I) Cooked as specified under 0080-04-09-.03(4)(a)1.(i) or (ii) or under 0080-04-09-.03(4)(a)2., or (II) Thawed in a microwave oven and immediately transferred to conventional cooking equipment, with no interruption in the process; or (iv) Using any procedure if a portion of frozen ready-eat-food is thawed and prepared for immediate service in response to an individual consumer’s order.

4. Cooling.

(i) Cooked time/temperature control for safety food shall be cooled:

(I) Within two hours from 57°C (135°F) to 21°C (70°F); (P) and (II) Within a total of six hours from 57°C (135°F) to 5°C (41°F) or less.

(P)

(ii) Time/temperature control for safety food shall be cooled within four hours to 5°C (41°F) or less, if prepared from ingredients at ambient temperature such as reconstituted foods and canned tuna. (P)

(iii) Except as specified under subpart (iv) of this part, a time/temperature control for safety food received in compliance with laws allowing a temperature above 5°C (41°F) during shipment from the supplier as specified in under 0080-04-09-.03(2)(b)1.(ii), shall be cooled within four hours to 5°C (41°F) or less. (P)

(iv) Raw eggs shall be received as specified under 0080-04-09-.03(2)(b)1.(iii) and immediately placed in refrigerated equipment that maintains an ambient air temperature of 5°C (41°F) or less. (P)

5. Cooling Methods.

(i) Cooling shall be accomplished in accordance with the time and temperature criteria specified under 0080-04-09-.03(5)(a)4. by using one or more of the following methods based on the type of food being cooled:

(I) Placing the food in shallow pans; (Pf)

(II) Separating the food into smaller or thinner portions; (Pf)

(III) Using rapid cooling equipment; (Pf)

(IV) Stirring the food in a container placed in an ice water bath; (Pf)

(V) Using containers that facilitate heat transfer; (Pf)

(VI) Adding ice as an ingredient; (Pf) or (VII) Other effective methods. (Pf)

(ii) When placed in cooling or cold holding equipment, food containers in which food is being cooled shall be:

(I) Arranged in the equipment to provide maximum heat transfer through the container walls; and (II) Loosely covered, or uncovered if protected from overhead contamination as specified under 0080-04-09-.03(3)(e)1.(i)(II), during the cooling period to facilitate heat transfer from the surface of the food.

6. Time/Temperature Control for Safety Food, Hot and Cold Holding.

(i) Except during preparation, cooking, or cooling, or when time is used as the public health control as specified under 0080-04-09-.03(5)(a)9., and except as specified under subpart (ii) and in subpart (iii) of this part, time/temperature control for safety food shall be maintained:

(I) At 57°C (135°F) or above, except that roasts cooked to a temperature and for a time specified in 0080-04-09-.03(4)(a)1.(ii) or reheated as specified in 0080-04-09-.03(4)(c)5. may be held at a temperature of 54°C (130°F) or above; (P) or (II) At 5°C (41°F) or less. (P)

(ii) Eggs that have not been treated to destroy all viable Salmonellae shall be stored in refrigerated equipment that maintains an ambient air temperature of 5°C (41°F) or less. (P)

(iii) Time/temperature control for safety food in a homogenous liquid form may be maintained outside of the temperature control requirements, as specified under subpart (i) of this part, while contained within specially designed equipment that complies with the design and construction requirements as specified under 0080-04-09-.04(2)(d)3.(v).

7. Ready-to-Eat, Time/Temperature Control for Safety Food Date Marking.

(i) Except when packaging food using a reduced oxygen packing method as specified under 0080-04-09-.03(5)(b)2., and except as specified in subparts (iv) and (v) of this part, refrigerated, ready-to-eat, time/temperature control for safety food prepared and held in a food establishment for more than 24 hours shall be marked to indicate the date or day by which the food shall be consumed on the premises, sold, or discarded, based on the temperature and time combination of 5°C (41°F) or less for a maximum of 7 days. The day of preparation shall be counted as day 1. (Pf)

(ii) Except as specified in subparts (iv)–(vi) of this part, refrigerated, ready-toeat, time/temperature control for safety food prepared and packaged by a food processing plant shall be clearly marked, at the time the original container is opened in a food establishment and if the food is held for more than 24 hours, to indicate the date or day by which the food shall be consumed on the premises, sold, or discarded, based on the temperature and time combinations specified in subpart (i) of this part and: (Pf)

(I) The day the original container is opened in the food establishment shall be counted as day 1; (Pf) and (II) The day or date marked by the food establishment shall not exceed a manufacturer’s use-by date if the manufacturer determined the use-by date based on food safety. (Pf)

(iii) A refrigerated, ready-to-eat, time/temperature control for safety food ingredient or a portion of a refrigerated, ready-to-eat, time/temperature control for safety food that is subsequently combined with additional ingredients or portions of food shall retain the date marking of the earliestprepared or first-prepared ingredient. (Pf)

(iv) A date marking system that meets the criteria stated in subparts (i) and (ii) of this part may include:

(I) Using a method approved by the commissioner for refrigerated, ready-to-eat time/temperature control for safety food that is frequently rewrapped, such as lunchmeat or a roast, or for which date marking is impractical, such as soft serve mix or milk in a dispensing machine;

(II) Marking the date or day of preparation, with a procedure to discard the food on or before the last date or day by which the food must be consumed on the premises, sold, or discarded as specified under

subpart (i) of this part;

(III) Marking the date or day the original container is opened in a food establishment, with a procedure to discard the food on or before the last date or day by which the food must be consumed on the premises, sold, or discarded as specified under subpart (ii) of this

part; or (IV) Using calendar dates, days of the week, color-coded marks, or other effective marking methods, provided that the marking system is disclosed to the commissioner upon request.

(v) Subparts (i) and (ii) of this part do not apply to individual meal portions served or repackaged for sale from a bulk container upon a consumer’s request.

(vi) Subpart (ii) of this part does not apply to the following foods prepared and packaged by a food processing plant inspected by the commissioner:

(I) Deli salads, such as ham salad, seafood salad, chicken salad, egg salad, pasta salad, potato salad, and macaroni salad, manufactured in accordance with 21 CFR 110 Current good manufacturing practice in manufacturing, packing, or holding human food;

(II) Hard cheeses containing not more than 39% moisture as defined in 21 CFR 133 Cheeses and related cheese products, such as cheddar, gruyere, parmesan and reggiano, and romano;

(III) Semi-soft cheeses containing more than 39% moisture, but not more than 50% moisture, as defined in 21 CFR 133 Cheeses and related cheese products, such as blue, edam, gorgonzola, gouda, and monterey jack;

(IV) Cultured dairy products as defined in 21 CFR 131 Milk and cream, such as yogurt, sour cream, and buttermilk;

(V) Preserved fish products, such as pickled herring and dried or salted cod, and other acidified fish products defined in 21 CFR 114 Acidified foods;

(VI) Shelf stable, dry fermented sausages, such as pepperoni and Genoa salami that are not labeled “Keep Refrigerated” as specified in 9 CFR 317 Labeling, marking devices, and containers, and which retain the original casing on the product; and (VII) Shelf stable salt-cured products such as prosciutto and Parma (ham) that are not labeled “Keep Refrigerated” as specified in 9 CFR 317 Labeling, marking devices, and containers.

8. Ready-to-Eat, Time/Temperature Control for Safety Food, Disposition.

(i) A food specified in 0080-04-09-.03(5)(a)7.(i) or (ii) shall be discarded if it:

(I) Exceeds the temperature and time combination specified in 0080-04- 09-.03(5)(a)7.(i), except time that the product is frozen; (P)

(II) Is in a container or package that does not bear a date or day; (P) or (III) Is appropriately marked with a date or day that exceeds a temperature and time combination as specified in 0080-04-09- .03(5)(a)7.(i). (P)

(ii) Refrigerated, ready-to-eat, time/temperature control for safety food prepared in a food establishment and dispensed through a vending machine with an automatic shutoff control shall be discarded if it exceeds a temperature and time combination as specified in 0080-04-09- .03(5)(a)7.(i).

9. Time as a Public Health Control.

(i) Except as specified under subpart (iv) of this part, if time without temperature control is used as the public health control for a working supply of time/temperature control for safety food before cooking, or for ready-to-eat time/temperature control for safety food that is displayed or held for sale or service:

(I) Written procedures shall be prepared in advance, maintained in the food establishment and made available to the commissioner upon request that specify: (Pf)

I. Methods of compliance with items (ii)(I)–(III) or (iii)(I)–(V) of this part; (Pf) and II. Methods of compliance with 0080-04-09-.03(5)(a)4. for food that is prepared, cooked, and refrigerated before time is used as a public health control. (Pf)

(ii) If time without temperature control is used as the public health control up to a maximum of four hours:

(I) The food shall have an initial temperature of 5°C (41°F) or less when removed from cold holding temperature control, or 57°C (135°F) or greater when removed from hot holding temperature control; (P)

(II) The food shall be marked or otherwise identified to indicate the time that is four hours past the point in time when the food is removed from temperature control; (Pf)

(III) The food shall be cooked and served, served at any temperature if ready-to-eat, or discarded, within four hours from the point in time when the food is removed from temperature control; (P) and (IV) The food in unmarked containers or packages, or marked to exceed a 4-hour limit shall be discarded. (P)

(iii) If time without temperature control is used as the public health control up to a maximum of six hours:

(I) The food shall have an initial temperature of 5°C (41°F) or less when removed from temperature control and the food temperature shall not exceed 21°C (70°F) within a maximum time period of six hours;

(P)

(II) The food shall be monitored to ensure the warmest portion of the food does not exceed 21°C (70°F) during the six hour period, unless an ambient air temperature is maintained that ensures the food does not exceed 21°C (70°F) during the 6-hour holding period; (Pf)

(III) The food shall be marked or otherwise identified to indicate: (Pf)

I. The time when the food is removed from 5°C (41°F) or less cold holding temperature control, (Pf) and II. The time that is six hours past the point in time when the food is removed from cold holding temperature control; (Pf)

(IV) The food shall be:

I. Discarded if the temperature of the food exceeds 21°C (70°F), (P) or II. Cooked and served, served at any temperature if ready-to-eat, or discarded within a maximum of six hours from the point in time when the food is removed from 5°C (41°F) or less cold holding temperature control; (P) and (V) The food in unmarked containers or packages, or marked with a time that exceeds the 6-hour limit shall be discarded. (P)

(iv) A food establishment that serves a highly susceptible population shall not use time as specified under subpart (i), (ii) or (iii) of this part as the public health control for raw eggs.

(b) Specialized Processing Methods.

1. Variance Requirement. A food establishment shall obtain a variance from the commissioner as specified in 0080-04-09-.08(1)(c)1. and under 0080-04-09- .08(1)(c)2. before: (Pf)

(i) Smoking food as a method of food preservation rather than as a method of flavor enhancement; (Pf)

(ii) Curing food; (Pf)

(iii) Using food additives or adding components such as vinegar: (Pf)

(I) As a method of food preservation rather than as a method of flavor enhancement, (Pf) or (II) To render a food so that it is not time/temperature control of safety food; (Pf)

(iv) Packaging food using a reduced oxygen packing method except where the growth of and toxin formation by Clostridium botulinum and the growth of Listeria monocytogenes are controlled as specified under 0080-04-09- .03(5)(b)2.; (Pf)

(v) Operating a molluscan shellfish life-support system display tank used to store or display shellfish that are offered for human consumption; (Pf)

(vi) Custom processing animals that are for personal use as food and not for sale or service in a food establishment; (Pf)

(vii) Preparing food by another method that is determined by the commissioner to require a variance; (Pf) or (viii) Sprouting seeds or beans. (Pf)

2. Clostridium botulinum and Listeria moncytogenes Controls. Reduced Oxygen Packaging Without a Variance, Criteria.

(i) Except for a food establishment that obtains a variance as specified under 0080-04-09-.03(5)(b)1., a food establishment that packages time/temperature control for safety food using a reduced oxygen packaging method shall control the growth and toxin formation of Clostridium botulinum and the growth of Listeria monocytogenes. (P)

(ii) A food establishment that packages time/temperature control for safety food using a reduced oxygen packaging method shall have a HACCP plan that contains the information specified under 0080-04-09-.08(2)(d)4. and that: (Pf)

(I) Identifies the food to be packaged; (Pf)

(II) Except as specified under subparts (iii)–(v) of this part, requires that the packaged food shall be maintained at 5°C (41°F) or less and meet at least one of the following criteria: (Pf)

I. Has an A W of 0.91 or less, (Pf)

II. Has a pH of 4.6 or less, (Pf)

III. Is a meat or poultry product cured at a food processing plant regulated by the USDA using substances specified in 9 CFR 424.21, Use of food ingredients and sources of radiation, and is received in an intact package, (Pf) or IV. Is a food with a high level of competing organisms such as raw meat, raw poultry, or raw vegetables; (Pf)

(III) Describes how the package shall be prominently and conspicuously labeled on the principal display panel in bold type on a contrasting background, with instructions to: (Pf)

I. Maintain the food at 5°C (41°F) or below, (Pf) and II. Discard the food if within 14 calendar days of its packaging it is not served for on-premises consumption, or consumed if served or sold for off-premises consumption; (Pf)

(IV) Limits the refrigerated shelf life to no more than 14 calendar days from packing to consumption, except the time the product is maintained frozen, or the original manufacturer’s “sell by” or “use by” date, whichever occurs first; (P)

(V) Includes operational procedures that:

I. Prohibit contacting ready-to-eat food with bare hands as specified under 0080-04-09-.03(3)(a)1.(ii), (Pf)

II. Identify a designated work area and the method by which: (Pf)

A. Physical barriers or methods of separation of raw foods and ready-to-eat foods minimize cross contamination, (Pf) and B. Access to the processing equipment is limited to responsible trained personnel familiar with the potential hazards of the operation, (Pf) and C. Delineate cleaning and sanitation procedures for foodcontact surfaces; (Pf) and (VI) Describes the training program that ensures that the individual responsible for the reduced oxygen packaging operation understands the: (Pf)

I. Concepts required for a safe operation, (Pf)

II. Equipment and facilities, (Pf) and III. Procedures specified under item 2(ii)(V) of this subparagraph and 0080-04-09-.08(2)(d)4. (Pf)

(iii) Except for fish that is frozen before, during, and after packaging, a food establishment shall not package fish using a reduced oxygen packaging method. (P)

(iv) Except as specified under subpart (iii) of this part, a food establishment that packages food using a cook-chill or sous vide process shall:

(I) Implement a HACCP plan that contains the information as specified under 0080-04-09-.08(2)(d)4.; (Pf)

(II) Ensure the food is:

I. Prepared and consumed on the premises, or prepared and consumed off the premises but within the same business entity with no distribution or sale of the packaged product to another business entity or the consumer, (Pf)

II. Cooked to heat all parts of the food to a temperature and for a time as specified under 0080-04-09-.03(4)(a)1., (Pf)

III. Protected from contamination before and after cooking as specified under 0080-04-09-.03(3) and (4), (P)

IV. Placed in a package with an oxygen barrier and sealed before cooking, or placed in a package and sealed immediately after cooking and before reaching a temperature below 57°C (135°F), (P)

V. Cooled to 5°C (41°F) in the sealed package or bag as specified under 0080-04-09-.03(5)(a)4. and subsequently: (P)

VI. Cooled to 1°C (34°F) within 48 hours of reaching 5°C (41°F) and held at that temperature until consumed or discarded within 30 days after the date of packaging; (P)

VII. Cooled to 1°C (34°F) within 48 hours of reaching 5°C (41°F), removed from refrigeration equipment that maintains a 1°C (34°F) food temperature and then held at 5°C (41°F) or less for no more than 72 hours, at which time the food must be consumed or discarded; (P)

VIII. Cooled to 3°C (38°F) or less within 24 hours of reaching 5°C (41°F) and held there for no more than 72 hours from packaging, at which time the food must be consumed or discarded; (P) or IX. Held frozen with no shelf life restriction while frozen until consumed or used. (P)

X. Held in a refrigeration unit that is equipped with an electronic system that continuously monitors time and temperature and is visually examined for proper operation twice daily, (Pf)

XI. If transported off-site to a satellite location of the same business entity, equipped with verifiable electronic monitoring devices to ensure that times and temperatures are monitored during transportation, (Pf) and (III) Maintain the records required to confirm that cooling and cold holding refrigeration time/temperature parameters are required as

part of the HACCP plan and:

I. Make such records available to the commissioner upon request (Pf) and II. Hold such records for at least six months; (Pf) and (IV) Implement written operational procedures as specified under item 2.(ii)(V) of this subparagraph and a training program as specified under item 2.(ii)(VI) of this subparagraph.

(v) A food establishment that packages cheese using a reduced oxygen packaging method shall:

(I) Limit the cheeses packaged to those that are commercially manufactured in a food processing plant with no ingredients added in the food establishment and that meet the Standards of Identity as specified in 21 CFR 133.150 Hard cheeses, 21 CFR 133.169 Pasteurized process cheese or 21 CFR 133.187 Semisoft cheeses;

(P)

(II) Have a HACCP plan that contains the information specified under 0080-04-09-.08(2)(d)4. and as specified under 0080-04-09- .03(5)(b)2.(ii)(I), (III)I., (V) and (VI); (Pf)

(III) Labels the package on the principal display panel with a “use by” date that does not exceed 30 days from its packaging or the original manufacturer’s “sell by” or “use by” date, whichever occurs first; (Pf) and (IV) Discards the reduced oxygen packaged cheese if it is not sold for offpremises consumption or consumed within 30 calendar days of its packaging. (Pf)

(6) Food Identity, Presentation, and On-Premises Labeling.

(a) Accurate Representation.

1. Standards of Identity. Packaged food shall comply with standard of identity requirements in 21 CFR 131-169 and 9 CFR 319 Definitions and standards of identity or composition, and the general requirements in 21 CFR 130 – Food Standards: General and 9 CFR 319 Subpart A – General.

2. Honestly Presented.

(i) Food shall be offered for human consumption in a way that does not mislead or misinform the consumer.

(ii) Food or color additives, colored overwraps, or lights shall not be used to misrepresent the true appearance, color, or quality of a food.

(b) Labeling.

1. Food packaged in a food establishment, shall be labeled as specified in law, including 21 CFR 101 - Food labeling, and 9 CFR 317 Labeling, marking devices, and containers.

2. Label information shall include:

(i) The common name of the food, or absent a common name, an adequately descriptive identity statement;

(ii) If made from two or more ingredients, a list of ingredients in descending order of predominance by weight, including a declaration of artificial color or flavor and chemical preservatives, if contained in the food;

(iii) An accurate declaration of the quantity of contents;

(iv) The name and place of business of the manufacturer, packer, or distributor; and (v) The name of the food source for each major food allergen contained in the food unless the food source is already part of the common or usual name of the respective ingredient. (Pf)

(vi) Except as exempted in the Federal Food, Drug, and Cosmetic Act § 403(Q)(3)–(5), nutrition labeling as specified in 21 CFR 101 - Food Labeling and 9 CFR 317 Subpart B Nutrition Labeling.

(vii) For any salmonid fish containing canthaxanthin as a color additive, the labeling of the bulk fish container, including a list of ingredients, displayed on the retail container or by other written means, such as a counter card, that discloses the use of canthaxanthin.

3. Bulk food that is available for consumer self-dispensing shall be prominently labeled with the following information in plain view of the consumer:

(i) The manufacturer’s or processor’s label that was provided with the food; or (ii) A card, sign, or other method of notification that includes the information specified under subparts 2.(i), (ii), and (v) of this subparagraph.

4. Bulk, unpackaged foods such as bakery products and unpackaged foods that are portioned to consumer specification need not be labeled if:

(i) A health, nutrient content, or other claim is not made;

(ii) There are no state or local laws requiring labeling; and (iii) The food is manufactured or prepared on the premises of the food establishment or at another food establishment or a food processing plant that is owned by the same person and is regulated by the food regulatory agency that has jurisdiction.

5. Other Forms of Information.

(i) If required by law, consumer warnings shall be provided.

(ii) Food establishment or manufacturers’ dating information on foods shall not be concealed or altered.

(c) Consumer Advisory. Consumption of Animal Foods that are Raw, Undercooked, or Not Otherwise Processed to Eliminate Pathogens.

1. Except as specified in 0080-04-09-.03(4)(a)1.(iii) and 0080-04-09- .03(4)(a)1.(iv)(IV) and under 0080-04-09-.03(8)(a)3., if an animal food such as beef, eggs, fish, lamb, milk, pork, poultry, or shellfish is served or sold raw, undercooked, or without otherwise being processed to eliminate pathogens, either in ready-to-eat form or as an ingredient in another ready-to-eat food, the permit holder shall inform consumers of the significantly increased risk of consuming such foods by way of a disclosure and reminder, as specified in parts 2. and 3. of this subparagraph using brochures, deli case or menu advisories, label statements, table tents, placards, or other effective written means. (Pf)

2. Disclosure shall include:

(i) A description of the animal-derived foods, such as “oysters on the half shell (raw oysters),” “raw-egg Caesar salad,” and “hamburgers (can be cooked to order)”; (Pf) or (ii) Identification of the animal-derived foods by asterisking them to a footnote that states that the items are served raw or undercooked, or contain (or may contain) raw or undercooked ingredients. (Pf)

3. Reminder shall include asterisking the animal-derived foods requiring disclosure to a footnote that states:

(i) Regarding the safety of these items, written information is available upon request; (Pf)

(ii) Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness; (Pf) or (iii) Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness, especially if you have certain medical conditions. (Pf)

(7) Contaminated Food. Disposition. Discarding or Reconditioning Unsafe, Adulterated, or Contaminated Food.

(a) A food that is unsafe, adulterated, or not honestly presented as specified under 0080- 04-09-.03(1) shall be discarded or reconditioned according to an approved procedure.

(P)

(b) Food that is not from an approved source as specified under 0080-04-09-.03(2)(a) shall be discarded. (P)

(c) Ready-to-eat food that may have been contaminated by an employee who has been restricted or excluded as specified under 0080-04-09-.02(2)(b) shall be discarded. (P)

(d) Food that is contaminated by food employees, consumers, or other persons through contact with their hands, bodily discharges, such as nasal or oral discharges, or other means shall be discarded. (P)

(8) Special Requirements for Highly Susceptible Populations.

(a) Pasteurized Foods, Prohibited Re-Service, and Prohibited Food. In a food establishment that serves a highly susceptible population:

1. The following criteria apply to juice:

(i) For the purposes of this paragraph only, children who are age 9 or less and receive food in a school, day care setting, or similar facility that provides custodial care are included as highly susceptible populations;

(ii) Prepackaged juice or a prepackaged beverage containing juice, that bears a warning label as specified in 21 CFR, 101.17(g) Food labeling, warning, notice, and safe handling statements, Juices that have not been specifically processed to prevent, reduce, or eliminate the presence of pathogens, or a packaged juice or beverage containing juice, that bears a warning label as specified under 0080-04-09-.03(4)(d)2. shall not be served or offered for sale; (P) and (iii) Unpackaged juice that is prepared on the premises for service or sale in a ready-to-eat form shall be processed under a HACCP plan that contains the information specified under 0080-04-09-.08(2)(d)2.–5. and as specified in 21 CFR Part 120 – Hazard Analysis and Critical Control Point (HACCP)

Systems, Subpart B Pathogen Reduction, 120.24 Process controls. (P)

2. Pasteurized eggs or egg products shall be substituted for raw eggs in the preparation of: (P)

(i) Foods such as Caesar salad, hollandaise or Béarnaise sauce, mayonnaise, meringue, eggnog, ice cream, and egg-fortified beverages, (P) and (ii) Except as specified in part 6. of this subparagraph, recipes in which more than one egg is broken and the egg are combined; (P)

3. The following foods shall not be served or offered for sale in a ready-to-eat form:

(P)

(i) Raw animal foods such as raw fish, raw-marinated fish, raw molluscan shellfish, and steak tartar, (P)

(ii) A partially cooked animal food such as lightly cooked fish, rare meat, softcooked eggs that are made from raw eggs, and meringue; (P) and (iii) Raw seed sprouts. (P)

4. Food employees shall not contact ready-to-eat food as specified under 0080-04- 09-.03(3)(a)1.(ii) and (v). (P)

5. Time only, as the public health control as specified under 0080-04-09- .03(5)(a)9.(iv), shall not be used for raw eggs.

6. Subpart 2.(ii) of this subparagraph does not apply if:

(i) The raw eggs are combined immediately before cooking for one consumer’s serving at a single meal, cooked as specified under 0080-04- 09-.03(4)(a)1.(i)(I), and served immediately, such as an omelet, soufflé, or scrambled eggs; (P)

(ii) The raw eggs are combined as an ingredient immediately before baking and the eggs are thoroughly cooked to a ready-to-eat form, such as a cake, muffin, or bread; or (iii) The preparation of the food is conducted under a HACCP plan that:

(I) Identifies the food to be prepared, (II) Prohibits contacting ready-to-eat food with bare hands, (III) Includes specifications and practices that ensure:

I. Salmonella Enteritidis growth is controlled before and after cooking, and II. Salmonella Enteritidis is destroyed by cooking the eggs according to the temperature and time specified in 0080-04- 09-.03(4)(a)1.(i)(II), (IV) Contains the information specified under 0080-04-09-.08(2)(d)4. including procedures that:

I. Control cross contamination of ready-to-eat food with raw eggs, and II. Delineate cleaning and sanitization procedures for foodcontact surfaces, and (V) Describes the training program that ensures that the food employee responsible for the preparation of the food understands the procedures to be used.

7. Except as specified in part 8. of this subparagraph, food may be re-served as specified under 0080-04-09-.03(3)(f)4.(ii)(I) and (II).

8. Food shall not be re-served under the following conditions:

(i) Any food served to patients or clients who are under contact precautions in medical isolation or quarantine, or protective environment isolation shall not be re-served to others outside.

(ii) Packages of food from any patients, clients, or other consumers shall not be re-served to persons in protective environment isolation.

History

• Authority: §§ 4-3-203 and 53-8-104.
• Administrative History: Original rule filed September 30, 1986; effective November 14, 1986. Amendment filed February 20, 2002; effective June 28, 2002. Amendment filed June 27, 2008; effective October 28, 2008. Repeal and new rule filed March 27, 2015; effective June 25, 2015. Emergency rules filed June 28, 2024; effective through December 25, 2024. Amendments filed September 27, 2024; effective December 26, 2024.

Tenn. Comp. R. & Regs. 0080-04-09-.04 EQUIPMENT, UTENSILS, AND LINENS

(1) Materials for Construction and Repair.

(a) Multiuse.

1. Characteristics.

(i) Materials that are used in the construction of utensils and food-contact surfaces of equipment shall not allow the migration of deleterious substances or impart colors, odors, or tastes to food and under normal use conditions shall be: (P)

(I) Safe; (P)

(II) Durable, corrosion-resistant, and nonabsorbent;

(III) Sufficient in weight and thickness to withstand repeated warewashing;

(IV) Finished to have a smooth, easily cleanable surface; and (V) Resistant to pitting, chipping, crazing, scratching, scoring, distortion and decomposition.

(ii) Cast Iron, Use Limitation.

(I) Except as specified in items (II) and (III) of this subpart, cast iron shall not be used for utensils or food-contact surfaces of equipment.

(II) Cast iron may be used as a surface for cooking.

(III) Cast iron may be used in utensils for serving food if the utensils are used only as part of an uninterrupted process from cooking through service.

(iii) Lead, Use Limitation.

(I) Ceramic, china, and crystal utensils, and decorative utensils such as hand painted ceramic or china that are used in contact with food shall be lead-free or contain levels of lead not exceeding the limits of the following utensil categories: (P)

Utensil Category Ceramic Article Description Maximum Lead Mg/L Beverage Mugs, Cups, Pitchers Coffee Mugs 0.5 Large Hollowware (excluding pitchers)

Bowls > 1.1 Liter (1.16 Quart)

Small Hollowware (excluding cups & mugs)

Bowls < 1.1 Liter (1.16 Quart) 2.0 Flat Tableware Plates, Saucers 3.0 (II) Pewter alloys containing lead in excess of 0.05% shall not be used as a food-contact surface. (P)

(III) Solder and flux containing lead in excess of 0.2% shall not be used as a food-contact surface.

(iv) Copper, Use Limitation.

(I) Except as specified in item (II) of this subpart, copper and copper alloys such as brass shall not be used in contact with a food that has a pH below 6 such as vinegar, fruit juice, or wine or for a fitting or tubing installed between a backflow prevention device and a carbonator.

(II) Copper and copper alloys may be used in contact with beer brewing ingredients that have a pH below 6 in the prefermentation and fermentation steps of a beer brewing operation such as a brewpub or microbrewery.

(v) Galvanized Metal, Use Limitation. Galvanized metal shall not be used for utensils or food-contact surfaces of equipment that are used in contact with acidic food.

(vi) Sponges, Use Limitation. Sponges shall not be used in contact with cleaned and sanitized or in-use food-contact surfaces.

(vii) Wood, Use Limitation.

(I) Except as specified in items (II), (III) and (IV) of this subpart, wood and wood wicker shall not be used as a food-contact surface.

(II) Hard maple or an equivalently hard, close-grained wood may be used for:

I. Cutting boards; cutting blocks; bakers’ tables; and utensils such as rolling pins, doughnut dowels, salad bowls, and chopsticks; and II. Wooden paddles used in confectionery operations for pressure scraping kettles when manually preparing confections at a temperature of 110°C (230°F) or above.

(III) Whole, uncut, raw fruits and vegetables, and nuts in the shell may be kept in the wood shipping containers in which they were received, until the fruits, vegetables, or nuts are used.

(IV) If the nature of the food requires removal of rinds, peels, husks, or shells before consumption, the whole, uncut, raw food may be kept in:

I. Untreated wood containers; or II. Treated wood containers if the containers are treated with a preservative that meets the requirements specified in 21 CFR 178.3800 Preservatives for wood.

(viii) Nonstick Coatings, Use Limitation. Multiuse kitchenware such as frying pans, griddles, sauce pans, cookie sheets, and waffle bakers that have a perfluorocarbon resin coating shall be used with nonscoring or nonscratching utensils and cleaning aids.

(ix) Nonfood-Contact Surfaces. Nonfood-contact surfaces of equipment that are exposed to splash, spillage, or other food soiling or that require frequent cleaning shall be constructed of a corrosion-resistant, nonabsorbent, and smooth material.

(b) Single Service and Single-Use.

1. Characteristics. Materials that are used to make single-service and single-use articles:

(i) Shall not:

(I) Allow the migration of deleterious substances, (P) or (II) Impart colors, odors, or tastes to food; and (ii) Shall be:

(I) Safe, (P) and (II) Clean.

(2) Design and Construction.

(a) Durability and Strength.

1. Equipment and Utensils. Equipment and Utensils shall be designed and constructed to be durable and to retain their characteristic qualities under normal use conditions.

2. Food temperature measuring devices shall not have sensors or stems constructed of glass, except that thermometers with glass sensors or stems that are encased in a shatterproof coating such as candy thermometers may be used.

(P)

(b) Cleanability.

1. Food-Contact Surfaces.

(i) Multiuse food-contact surfaces shall be:

(I) Smooth; (Pf)

(II) Free of breaks, open seams, cracks, chips, inclusions, pits, and similar imperfections; (Pf)

(III) Free of sharp internal angles, corners, and crevices; (Pf)

(IV) Finished to have smooth welds and joints; (Pf) and (V) Except as specified in subpart (ii) of this part, accessible for cleaning and inspection by one of the following methods:

I. Without being disassembled, (Pf)

II. By disassembling without the use of tools, (Pf) or III. By easy disassembling with the use of handheld tools commonly available to maintenance and cleaning personnel such as screwdrivers, pliers, open-end wrenches, and Allen wrenches. (Pf)

(ii) Item (i)(V) of this part does not apply to cooking oil storage tanks, distribution lines for cooking oils, or beverage syrup lines or tubes.

2. CIP Equipment.

(i) CIP equipment shall meet the characteristics specified under 0080-04-09- .04(2)(b)1. and shall be designed and constructed so that:

(I) Cleaning and sanitizing solutions circulate throughout a fixed system and contact all interior food-contact surfaces, (Pf) and (II) The system is self-draining or capable of being completely drained of cleaning and sanitizing solutions; and (ii) CIP equipment that is not designed to be disassembled for cleaning shall be designed with inspection access points to ensure that all interior foodcontact surfaces throughout the fixed system are being effectively cleaned.

3. “V” Threads, Use Limitation. Except for hot oil cooking or filtering equipment, “V” type threads shall not be used on food-contact surfaces.

4. Hot Oil Filtering Equipment. Hot oil filtering equipment shall meet the characteristics specified under 0080-04-09-.04(2)(b)1. or 2. and shall be readily accessible for filter replacement and cleaning of the filter.

5. Can Openers. Cutting or piercing parts of can openers shall be readily removable for cleaning and for replacement.

6. Nonfood-contact surfaces. Nonfood-contact surfaces shall be free of unnecessary ledges, projections, and crevices, and designed and constructed to allow easy cleaning and to facilitate maintenance.

7. Kick Plates, Removable. Kick plates shall be designed so that the areas behind them are accessible for inspection and cleaning by being:

(i) Removable by one of the methods specified under 0080-04-09-.04 (2)(b)1.(i)(V) or capable of being rotated open; and (ii) Removable or capable of being rotated open without unlocking equipment doors.

8. Ventilation Hood Systems, Filters. Filters or other grease extracting equipment shall be designed to be readily removable for cleaning and replacement if not designed to be cleaned in place.

(c) Accuracy.

1. Temperature Measuring Devices, Food.

(i) Food temperature measuring devices that are scaled only in Celsius or dually scaled in Celsius and Fahrenheit shall be accurate to ±1°C in the intended range of use. (Pf)

(ii) Food temperature measuring devices that are scaled only in Fahrenheit shall be accurate to ±2°F in the intended range of use. (Pf)

2. Temperature Measuring Devices, Ambient Air and Water.

(i) Ambient air and water temperature measuring devices that are scaled in Celsius or dually scaled in Celsius and Fahrenheit shall be designed to be easily readable and accurate to ±1.5°C in the intended range of use. (Pf)

(ii) Ambient air and water temperature measuring devices that are scaled only in Fahrenheit shall be accurate to ±3°F in the intended range of use. (Pf)

3. Pressure Measuring Devices, Mechanical Warewashing Equipment. Pressure measuring devices that display the pressures in the water supply line for the fresh hot water sanitizing rinse shall have increments of 7 kilopascals (1 pound per square inch) or smaller and shall be accurate to ±14 kilopascals (±2 pounds per square inch) in the range indicated on the manufacturer’s data plate.

(d) Functionality.

1. Ventilation Hood Systems, Drip Prevention. Exhaust ventilation hood systems in food preparation and warewashing areas including components such as hoods, fans, guards, and ducting shall be designed to prevent grease or condensation from draining or dripping onto food, equipment, utensils, linens, and singleservice and single-use articles.

2. Equipment Openings, Closures and Deflectors.

(i) A cover or lid for equipment shall overlap the opening and be sloped to drain.

(ii) An opening located within the top of a unit of equipment that is designed for use with a cover or lid shall be flanged upward at least 5 millimeters (two-tenths of an inch).

(iii) Except as specified under subpart (iv) of this part, fixed piping, temperature measuring devices, rotary shafts, and other parts extending into equipment shall be provided with a watertight joint at the point where the item enters the equipment.

(iv) If a watertight joint is not provided:

(I) The piping, temperature measuring devices, rotary shafts, and other parts extending through the openings shall be equipped with an apron designed to deflect condensation, drips, and dust from openings into the food; and (II) The opening shall be flanged as specified under subpart (ii) of this

part.

3. Dispensing Equipment, Protection of Equipment and Food. In equipment that dispenses or vends liquid food or ice in unpackaged form:

(i) The delivery tube, chute, orifice and splash surfaces directly above the container receiving the food shall be designed in a manner, such as with barriers, baffles, or drip aprons, so that drips from condensation and splash are diverted from the opening of the container receiving the food;

(ii) The delivery tube, chute and orifice shall be protected from manual contact such as by being recessed;

(iii) The delivery tube or chute and orifice of equipment used to vend liquid food or ice in unpackaged form to self-service consumers shall be designed so that the delivery tube or chute and orifice are protected from dust, insects, rodents, and other contamination by a self-closing door if the equipment is:

(I) Located in an outside area that does not otherwise afford the protection of an enclosure against the rain, windblown debris, insects, rodents, and other contaminants that are present in the environment, or (II) Available for self-service during hours when it is not under the fulltime supervision of a food employee; and (iv) The dispensing equipment actuating lever or mechanism and filling device of consumer self-service beverage dispensing equipment shall be designed to prevent contact with the lip-contact surface of glasses or cups that are refilled.

(v) Dispensing equipment in which time/temperature control for safety food in a homogenous liquid form is maintained outside of the temperature control requirements as specified under 0080-04-09-.03(5)(a)6. shall:

(I) Be specifically designed and equipped to maintain the commercial sterility of aseptically packaged food in a homogenous liquid form for a specified duration from the time of opening the packaging within the equipment; (P) and (II) Conform to the requirements for this equipment as specified in NSF/ANSI 18-2006 – Manual Food and Beverage Dispensing Equipment. (P)

4. Bearings and Gear Boxes, Leakproof. Equipment containing bearings and gears that require lubricants shall be designed and constructed so that the lubricant cannot leak, drip, or be forced into food or onto food-contact surfaces.

5. Beverage Tubing, Separation. Except for cold plates that are constructed integrally with an ice storage bin, beverage tubing and cold-plate beverage cooling devices shall not be installed in contact with stored ice.

6. Ice Units, Separation of Drains. Liquid waste drain lines shall not pass through an ice machine or ice storage bin.

7. Condenser Unit, Separation. If a condenser unit is an integral component of equipment, the condenser unit shall be separated from the food and food storage space by a dustproof barrier.

8. Molluscan Shellfish Tanks.

(i) Except as specified under subpart (ii) of this part, molluscan shellfish life support system display tanks shall not be used to store or display shellfish that are offered for human consumption and shall be conspicuously marked so that it is obvious to the consumer that the shellfish are for display only. (P)

(ii) Molluscan shellfish life-support system display tanks that are used to store or display shellfish that are offered for human consumption shall be operated and maintained in accordance with a variance granted by the commissioner as specified in 0080-04-09-.08(1)(c)1. and a HACCP plan that: (Pf)

(I) Is submitted by the permit holder and approved as specified under 0080-04-09-.08(1)(c)2.; (Pf) and (II) Ensures that:

I. Water used with fish other than molluscan shellfish does not flow into the molluscan tank, (Pf)

II. The safety and quality of the shellfish as they were received are not compromised by the use of the tank, (Pf) and III. The identity of the source of the shellstock is retained as specified under 0080-04-09-.03(2)(c)2. (Pf)

9. Temperature Measuring Devices.

(i) In a mechanically refrigerated or hot food storage unit, the sensor of a temperature measuring device shall be located to measure the air temperature or a simulated product temperature in the warmest part of a mechanically refrigerated unit and in the coolest part of a hot food storage unit.

(ii) Except as specified in subpart (iii) of this part, cold or hot holding equipment used for time/temperature control for safety food shall be designed to include and shall be equipped with at least one integral or permanently affixed temperature measuring device that is located to allow easy viewing of the device’s temperature display.

(iii) Subpart (ii) of this part does not apply to equipment for which the placement of a temperature measuring device is not a practical means for measuring the ambient air surrounding the food because of the design, type, and use of the equipment, such as calrod units, heat lamps, cold plates, bainmaries, steam tables, insulated food transport containers, and salad bars.

(iv) Temperature measuring devices shall be designed to be easily readable.

(v) Food temperature measuring devices and water temperature measuring devices on warewashing machines shall have a numerical scale, printed record, or digital readout in increments no greater than 1°C or 2°F in the intended range of use. (Pf)

10. Warewashing Machines, Data Plate Operating Specifications. A warewashing machine shall be provided with an easily accessible and readable data plate affixed to the machine by the manufacturer that indicates the machine’s design and operation specifications including the:

(i) Temperatures required for washing, rinsing, and sanitizing;

(ii) Pressure required for the fresh water sanitizing rinse unless the machine is designed to use only a pumped sanitizing rinse; and (iii) Conveyor speed for conveyor machines or cycle time for stationary rack machines.

11. Warewashing Machines, Internal Baffles. Warewashing machine wash and rinse tanks shall be equipped with baffles, curtains, or other means to minimize internal cross contamination of the solutions in wash and rinse tanks.

12. Warewashing Machines, Temperature Measuring Devices. A warewashing machine shall be equipped with a temperature measuring device that indicates the temperature of the water:

(i) In each wash and rinse tank; (Pf) and (ii) As the water enters the hot water sanitizing final rinse manifold or in the chemical sanitizing solution tank. (Pf)

13. Manual Warewashing Equipment, Heaters and Baskets. If hot water is used for sanitation in manual warewashing operations, the sanitizing compartment of the sink shall be:

(i) Designed with an integral heating device that is capable of maintaining water at a temperature not less than 77°C (171°F); (Pf) and (ii) Provided with a rack or basket to allow complete immersion of equipment and utensils into the hot water. (Pf)

14. Warewashing Machines, Automatic Dispensing of Detergents and Sanitizers. A warewashing machine that is installed after adoption of these regulations, shall be equipped to:

(i) Automatically dispense detergents and sanitizers; (Pf) and (ii) Incorporate a visual means to verify that detergents and sanitizers are delivered or a visual or audible alarm to signal if the detergents and sanitizers are not delivered to the respective washing and sanitizing cycles.

(Pf)

15. Warewashing Machine Flow Pressure Device.

(i) Warewashing machines that provide a fresh hot water sanitizing rinse shall be equipped with a pressure gauge or similar device such as a transducer that measures and displays the water pressure in the supply line immediately before entering the warewashing machine; and (ii) If the flow pressure measuring device is upstream of the fresh hot water sanitizing rinse control valve, the device shall be mounted in a 6.4 millimeter or one-fourth inch Iron Pipe Size (IPS) valve.

(iii) Subparts (i) and (ii) of this part do not apply to a machine that uses only a pumped or recirculated sanitizing rinse.

16. Warewashing Sinks and Drainboards, Self-Draining. Warewashing sinks and drainboards of warewashing sinks and machines shall be self-draining.

17. Equipment Compartments, Drainage. Equipment compartments that are subject to accumulation of moisture due to conditions such as condensation, food or beverage drip, or water from melting ice shall be sloped to an outlet that allows complete draining.

18. Case Lot Handling Apparatuses, Movability. Apparatuses, such as dollies, pallets, racks, and skids used to store and transport large quantities of packaged foods received from a supplier in a cased or overwrapped lot, shall be designed to be moved by hand or by conveniently available apparatuses such as hand trucks and forklifts.

(e) Acceptability. Food equipment that is certified or classified for sanitation by an American National Standards Institute (ANSI)-accredited certification program is deemed to comply with 0080-04-09-.04(1) and (2).

(3) Numbers and Capacities.

(a) Equipment.

1. Cooling, Heating, and Holding Capacities. Equipment for cooling and heating food, and holding cold and hot food, shall be sufficient in number and capacity to provide food temperatures as specified under 0080-04-09-.03. (Pf)

2. Manual Warewashing, Sink Compartment Requirements.

(i) A sink with at least three compartments shall be provided for manually washing, rinsing, and sanitizing equipment and utensils. (Pf)

(ii) Sink compartments shall be large enough to accommodate immersion of the largest equipment and utensils. (Pf)

(iii) Alternative manual warewashing equipment may be used when there are special cleaning needs or constraints and its use is approved. Alternative manual warewashing equipment may include:

(I) High-pressure detergent sprayers;

(II) Low- or line-pressure spray detergent foamers;

(III) Other task-specific cleaning equipment;

(IV) Brushes or other implements.

3. Drainboards. Drainboards, utensil racks, or tables large enough to accommodate all soiled and cleaned items that may accumulate during hours of operation shall be provided for necessary utensil holding before cleaning and after sanitizing.

4. Ventilation Hood Systems, Adequacy. Ventilation hood systems and devices shall prevent grease or condensation from collecting on equipment, walls, and ceilings.

5. Clothes Washers and Dryers.

(i) Except as specified in subpart (ii) of this part, if work clothes or linens are laundered on the premises, a mechanical clothes washer and dryer shall be provided and used.

(ii) If on-premises laundering is limited to wiping cloths intended to be used moist, or wiping cloths are air-dried as specified under 0080-04-09- .04(9)(a)2., a mechanical clothes washer and dryer need not be provided.

(b) Utensils, Temperature Measuring Devices, and Testing Devices.

1. Utensils, Consumer Self-Service. A food dispensing utensil shall be available for each container displayed at a consumer self-service unit such as a buffet or salad bar. (Pf)

2. Food Temperature Measuring Devices.

(i) Food temperature measuring devices shall be provided and readily accessible for use in ensuring attainment and maintenance of food temperatures as specified under 0080-04-09-.03. (Pf)

(ii) A temperature measuring device with a suitable small-diameter probe that is designed to measure the temperature of thin masses shall be provided and readily accessible to accurately measure the temperature in thin foods such as meat patties and fish filets. (Pf)

3. Temperature Measuring Devices, Manual Warewashing. In manual warewashing operations, a temperature measuring device shall be provided and readily accessible for frequently measuring the washing and sanitizing temperatures.

4. Sanitizing Solutions, Testing Devices. A test kit or other device that accurately measures the concentration in mg/L of sanitizing solutions shall be provided. (Pf)

(4) Location and Installation.

(a) Location.

1. Equipment, Clothes Washers and Dryers, and Storage Cabinets, Contamination Prevention.

(i) Except as specified in subpart (ii) of this part, equipment, a cabinet used for the storage of food, or a cabinet that is used to store cleaned and sanitized equipment, utensils, laundered linens, and single-service and single-use articles shall not be located:

(I) In locker rooms;

(II) In toilet rooms;

(III) In garbage rooms;

(IV) In mechanical rooms;

(V) Under sewer lines that are not shielded to intercept potential drips;

(VI) Under leaking water lines including leaking automatic fire sprinkler heads or under lines on which water has condensed;

(VII) Under open stairwells; or (VIII) Under other sources of contamination.

(ii) A storage cabinet used for linens or single-service or single-use articles may be stored in a locker room.

(iii) If a mechanical clothes washer or dryer is provided, it shall be located so that the washer or dryer is protected from contamination and only where there is no exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles.

(b) Installation.

1. Fixed Equipment, Spacing or Sealing.

(i) Equipment that is fixed because it is not easily movable shall be installed so that it is:

(I) Spaced to allow access for cleaning along the sides, behind, and above the equipment;

(II) Spaced from adjoining equipment, walls, and ceilings a distance of not more than one millimeter or one thirty-second inch; or (III) Sealed to adjoining equipment or walls, if the equipment is exposed to spillage or seepage.

(ii) Counter-mounted equipment that is not easily movable shall be installed to allow cleaning of the equipment and areas underneath and around the equipment by being:

(I) Sealed; or (II) Elevated on legs as specified under 0080-04-09-.04(4)(b)2.(iv).

2. Fixed Equipment, Elevation or Sealing.

(i) Except as specified in subparts (ii) and (iii) of this part, floor-mounted equipment that is not easily movable shall be sealed to the floor or elevated on legs that provide at least a 15 centimeter (6 inch) clearance between the floor and the equipment.

(ii) If no part of the floor under the floor-mounted equipment is more than 15 centimeters (6 inches) from the point of cleaning access, the clearance space may be only 10 centimeters (4 inches).

(iii) This section does not apply to display shelving units, display refrigeration units, and display freezer units located in the consumer shopping areas of a retail food store, if the floor under the units is maintained clean.

(iv) Except as specified in subpart (v) of this part, counter-mounted equipment that is not easily movable shall be elevated on legs that provide at least a 10 centimeter (4 inch) clearance between the table and the equipment.

(v) The clearance space between the table and counter-mounted equipment may be:

(I) 7.5 centimeters (3 inches) if the horizontal distance of the table top under the equipment is no more than 50 centimeters (20 inches) from the point of access for cleaning; or (II) 5 centimeters (2 inches) if the horizontal distance of the table top under the equipment is no more than 7.5 centimeters (3 inches) from the point of access for cleaning.

(5) Maintenance and Operation.

(a) Equipment.

1. Good Repair and Proper Adjustment.

(i) Equipment shall be maintained in a state of repair and condition that meets the requirements specified under 0080-04-09-.04(1) and (2).

(ii) Equipment components such as doors, seals, hinges, fasteners, and kick plates shall be kept intact, tight, and adjusted in accordance with manufacturer’s specifications.

(iii) Cutting or piercing parts of can openers shall be kept sharp to minimize the creation of metal fragments that can contaminate food when the container is opened.

2. Cutting Surfaces. Surfaces such as cutting blocks and boards that are subject to scratching and scoring shall be resurfaced if they can no longer be effectively cleaned and sanitized, or discarded if they are not capable of being resurfaced.

3. Microwave Ovens. Microwave ovens shall meet the safety standards specified in 21 CFR 1030.10 Microwave ovens.

4. Warewashing Equipment, Cleaning Frequency. A warewashing machine; the compartments of sinks, basins, or other receptacles used for washing and rinsing equipment, utensils, or raw foods, or laundering wiping cloths; and drainboards or other equipment used to substitute for drainboards as specified under 0080- 04-09-.04(3)(a)3. shall be cleaned:

(i) Before use;

(ii) Throughout the day at a frequency necessary to prevent recontamination of equipment and utensils and to ensure that the equipment performs its intended function; and (iii) If used, at least every 24 hours.

5. Warewashing Machines, Manufacturers’ Operating Instructions.

(i) A warewashing machine and its auxiliary components shall be operated in accordance with the machine’s data plate and other manufacturer’s instructions.

(ii) A warewashing machine’s conveyor speed or automatic cycle times shall be maintained accurately timed in accordance with manufacturer’s specifications.

6. Warewashing Sinks, Use Limitation.

(i) A warewashing sink shall not be used for handwashing as specified under 0080-04-09-.02(3)(d).

(ii) If a warewashing sink is used to wash wiping cloths, wash produce, or thaw food, the sink shall be cleaned as specified under 0080-04-09- .04(5)(a)4. before and after each time it is used to wash wiping cloths or wash produce or thaw food. Sinks used to wash or thaw food shall be sanitized as specified under 0080-04-09-.04(7) before and after using the sink to wash produce or thaw food.

7. Warewashing Equipment, Cleaning Agents. When used for warewashing, the wash compartment of a sink, mechanical warewasher, or wash receptacle of alternative manual warewashing equipment as specified in 0080-04-09- .04(3)(a)2.(iii) shall contain a wash solution of soap, detergent, acid cleaner, alkaline cleaner, degreaser, abrasive cleaner, or other cleaning agent according to the cleaning agent manufacturer’s label instructions. (Pf)

8. Warewashing Equipment, Clean Solutions. The wash, rinse, and sanitize solutions shall be maintained clean.

9. Manual Warewashing Equipment, Wash Solution Temperature. The temperature of the wash solution in manual warewashing equipment shall be maintained at not less than 43°C (110°F) or the temperature specified on the cleaning agent manufacturer’s label instructions. (Pf)

10. Mechanical Warewashing Equipment, Wash Solution Temperature.

(i) The temperature of the wash solution in spray type warewashers that use hot water to sanitize shall not be less than:

(I) For a stationary rack, single temperature machine, 74°C (165°F); (Pf)

(II) For a stationary rack, dual temperature machine, 66°C (150°F); (Pf)

(III) For a single tank, conveyor, dual temperature machine, 71°C (160°F); (Pf) or (IV) For a multitank, conveyor, multitemperature machine, 66°C (150°F).

(Pf)

(ii) The temperature of the wash solution in spray-type warewashers that use chemicals to sanitize shall not be less than 49°C (120°F). (Pf)

11. Manual Warewashing Equipment, Hot Water Sanitization Temperatures. If immersion in hot water is used for sanitizing in a manual operation, the temperature of the water shall be maintained at 77°C (171°F) or above. (P)

12. Mechanical Warewashing Equipment, Hot Water Sanitization Temperatures.

(i) Except as specified in subpart (ii) of this part, in a mechanical operation, the temperature of the fresh hot water sanitizing rinse as it enters the manifold shall not be more than 90°C (194°F), or less than: (Pf)

(I) For a stationary rack, single temperature machine, 74°C (165°F); (Pf) or (II) For all other machines, 82°C (180°F). (Pf)

(ii) The maximum temperature specified under subpart (i) of this part, does not apply to the high pressure and temperature systems with wand-type, handheld, spraying devices used for the in-place cleaning and sanitizing of equipment such as meat saws.

13. Mechanical Warewashing Equipment, Sanitization Pressure. The flow pressure of the fresh hot water sanitizing rinse in a warewashing machine, as measured in the water line immediately downstream or upstream from the fresh hot water sanitizing rinse control value, shall be within the range specified on the machine manufacturer’s data plate and shall not be less than 35 kilopascals (5 pounds per square inch) or more than 200 kilopascals (30 pounds per square inch).

14. Manual and Mechanical Warewashing Equipment, Chemical Sanitization - Temperature, pH, Concentration, and Hardness. A chemical sanitizer used in a sanitizing solution for a manual or mechanical operation at contact times specified under 0080-04-09-.04(7)(c)3. shall meet the criteria specified under 0080-04-09-.07(2)(d)1. Sanitizers, Criteria, shall be used in accordance with the EPA-registered label use instructions, and shall be used as follows: (P)

(i) A chlorine solution shall have a minimum temperature based on the concentration and pH of the solution as listed in the following chart; (P)

Concentration Range mg/L Minimum Temperature pH 10 or less pH 8 or less °C (°F) °C (°F) 25 -49 49 (120) 49 (120) 50 -99 38 (100) 24 (75) 100 13 (55) 13 (55)

(ii) An iodine solution shall have a:

(I) Minimum temperature of 20°C (68°F), (P)

(II) pH of 5.0 or less or a pH no higher than the level for which the manufacturer specifies the solution is effective, (P) and (III) Concentration between 12.5 mg/L and 25 mg/L; (P)

(iii) A quaternary ammonium compound solution shall:

(I) Have a minimum temperature of 24°C (75°F), (P)

(II) Have a concentration as specified under 0080-04-09-.07(2)(d)1. and as indicated by the manufacturer’s use directions included in the labeling, (P) and (III) Be used only in water with 500 mg/L hardness or less or in water having a hardness no greater than specified by the EPA-registered label use instructions; (P)

(iv) If another solution of a chemical specified under subparts (i)–(iii) of this

part is used, the permit holder shall demonstrate to the commissioner that the solution achieves sanitization and the use of the solution shall be approved; (P) or (v) If a chemical sanitizer other than chlorine, iodine, or a quaternary ammonium compound is used, it shall be applied in accordance with the EPA-registered label use instructions. (P)

15. Manual Warewashing Equipment, Chemical Sanitization Using Detergent- Sanitizers. If a detergent-sanitizer is used to sanitize in a cleaning and sanitizing procedure where there is no distinct water rinse between the washing and sanitizing steps, the agent applied in the sanitizing step shall be the same detergent-sanitizer that is used in the washing step.

16. Warewashing Equipment, Determining Chemical Sanitizer Concentration.

Concentration of the sanitizing solution shall be accurately determined by using a test kit or other device. (Pf)

(b) Utensils and Temperature and Pressure Measuring Devices.

1. Good Repair and Calibration.

(i) Utensils shall be maintained in a state of repair or condition that complies with the requirements specified under 0080-04-09-.04(1) and (2) or shall be discarded.

(ii) Food temperature measuring devices shall be calibrated in accordance with manufacturer’s specifications as necessary to ensure their accuracy.

(Pf)

(iii) Ambient air temperature, water pressure, and water temperature measuring devices shall be maintained in good repair and be accurate within the intended range of use.

2. Single-Service and Single-Use Articles, Required Use. A food establishment without facilities specified under 0080-04-09-.04(6) and (7) for cleaning and sanitizing kitchenware and tableware shall provide only single-use kitchenware, single-service articles, and single-use articles for use by food employees and single-service articles for use by consumers. (P)

3. Single-Service and Single-Use Articles, Use Limitation.

(i) Single-service and single-use articles shall not be reused.

(ii) The bulk milk container dispensing tube shall be cut on the diagonal leaving no more than one inch protruding from the chilled dispensing head.

4. Shells, Use Limitation. Mollusk and crustacea shells shall not be used more than once as serving containers.

(6) Cleaning of Equipment and Utensils.

(a) Objective.

1. Equipment, Food-Contact Surfaces, Nonfood-Contact Surfaces, and Utensils.

(i) Equipment food-contact surfaces and utensils shall be clean to sight and touch. (Pf)

(ii) The food-contact surfaces of cooking equipment and pans shall be kept free of encrusted grease deposits and other soil accumulations.

(iii) Nonfood-contact surfaces of equipment shall be kept free of an accumulation of dust, dirt, food residue, and other debris.

(b) Frequency.

1. Equipment Food-Contact Surfaces and Utensils.

(i) Equipment food-contact surfaces and utensils shall be cleaned:

(I) Except as specified in subpart (ii) of this part, before each use with a different type of raw animal food such as beef, fish, lamb, pork, or poultry; (P)

(II) Each time there is a change from working with raw foods to working with ready-to-eat foods; (P)

(III) Between uses with raw fruits and vegetables and with time/temperature control for safety food; (P)

(IV) Before using or storing a food temperature measuring device; (P) and (V) At any time during the operation when contamination may have occurred. (P)

(ii) Item (i)(I) of this part does not apply if the food-contact surface or utensil is in contact with a succession of different raw animal foods each requiring a higher cooking temperature as specified under 0080-04-09-.03(4)(a)1. than the previous food, such as preparing raw fish followed by cutting raw poultry on the same cutting board.

(iii) Except as specified in subpart (iv) of this part, if used with time/temperature control for safety food, equipment food-contact surfaces and utensils shall be cleaned throughout the day at least every four hours.

(P)

(iv) Surfaces of utensils and equipment contacting time/temperature control for safety food may be cleaned less frequently than every four hours if:

(I) In storage, containers of time/temperature control for safety food and their contents are maintained at temperatures specified under 0080- 04-09-.03 and the containers are cleaned when they are empty;

(II) Utensils and equipment are used to prepare food in a refrigerated room or area that is maintained at one of the temperatures in the following chart and:

I. The utensils and equipment are cleaned at the frequency in the following chart that corresponds to the temperature; and Temperature Cleaning Frequency 5.0°C (41°F) or less 24 hours >5.0°C - 7.2°C 20 hours (>41°F - 45°F) >7.2°C - 10.0°C 16 hours (>45°F - 50°F) >10.0°C - 12.8°C 10 hours (>50°F - 55°F)

II. The cleaning frequency based on the ambient temperature of the refrigerated room or area is documented in the food establishment.

(III) Containers in serving situations such as salad bars, delis, and cafeteria lines hold ready-to-eat time/temperature control for safety food that is maintained at the temperatures specified under 0080-04- 09-.03, are intermittently combined with additional supplies of the same food that is at the required temperature, and the containers are cleaned at least every 24 hours;

(IV) Temperature measuring devices are maintained in contact with food, such as when left in a container of deli food or in a roast, held at temperatures specified under 0080-04-09-.03;

(V) Equipment is used for storage of packaged or unpackaged food such as a reach-in refrigerator and the equipment is cleaned at a frequency necessary to preclude accumulation of soil residues;

(VI) The cleaning schedule is approved based on consideration of:

I. Characteristics of the equipment and its use, II. The type of food involved, III. The amount of food residue accumulation, and IV. The temperature at which the food is maintained during the operation and the potential for the rapid and progressive multiplication of pathogenic or toxigenic microorganisms that are capable of causing foodborne disease; or (VII) In-use utensils are intermittently stored in a container of water in which the water is maintained at 57°C (135°F) or more and the utensils and container are cleaned at least every 24 hours or at a frequency necessary to preclude accumulation of soil residues.

(v) Except when dry cleaning methods are used as specified under 0080-04- 09-.04(6)(c)1., surfaces of utensils and equipment contacting food that is not time/temperature control for safety food shall be cleaned:

(I) At any time when contamination may have occurred;

(II) At least every 24 hours for iced tea dispensers and consumer selfservice utensils such as tongs, scoops, or ladles;

(III) Before restocking consumer self-service equipment and utensils such as condiment dispensers and display containers; and (IV) In equipment such as ice bins and beverage dispensing nozzles and enclosed components of equipment such as ice makers, cooking oil storage tanks and distribution lines, beverage and syrup dispensing lines or tubes, coffee bean grinders, and water vending equipment:

I. At a frequency specified by the manufacturer, or II. Absent manufacturer specifications, at a frequency necessary to preclude accumulation of soil or mold.

2. Cooking and Baking Equipment.

(i) The food-contact surfaces of cooking and baking equipment shall be cleaned at least every 24 hours. This section does not apply to hot oil cooking and filtering equipment if it is cleaned as specified in 0080-04-09- .04(6)(b)1.(iv)(VI).

(ii) The cavities and door seals of microwave ovens shall be cleaned at least every 24 hours by using the manufacturer’s recommended cleaning procedure.

3. Nonfood-Contact Surfaces. Nonfood-contact surfaces of equipment shall be cleaned at a frequency necessary to preclude accumulation of soil residues.

(c) Methods.

1. Dry Cleaning.

(i) If used, dry cleaning methods such as brushing, scraping, and vacuuming shall contact only surfaces that are soiled with dry food residues that are not time/temperature control for safety food.

(ii) Cleaning equipment used in dry cleaning food-contact surfaces shall not be used for any other purpose.

2. Precleaning.

(i) Food debris on equipment and utensils shall be scrapped over a waste disposal unit or garbage receptacle or shall be removed in a warewashing machine with a prewash cycle.

(ii) If necessary for effective cleaning, utensils and equipment shall be preflushed, presoaked, or scrubbed with abrasives.

3. Loading of Soiled Items, Warewashing Machines. Soiled items to be cleaned in a warewashing machine shall be loaded into racks, trays, or baskets or onto conveyors in a position that:

(i) Exposes the items to the unobstructed spray from all cycles; and (ii) Allows the items to drain.

4. Wet Cleaning.

(i) Equipment food-contact surfaces and utensils shall be effectively washed to remove or completely loosen soils by using the manual or mechanical means necessary such as the application of detergents containing wetting agents and emulsifiers; acid, alkaline, or abrasive cleaners; hot water; brushes; scouring pads; high-pressure sprays; or ultrasonic devices.

(ii) The washing procedures selected shall be based on the type and purpose of the equipment or utensil, and on the type of soil to be removed.

5. Washing, Procedures for Alternative Manual Warewashing Equipment. If washing in sink compartments or a warewashing machine is impractical such as when the equipment is fixed or the utensils are too large, washing shall be done in accordance with the following procedures:

(i) Equipment shall be disassembled as necessary to allow access of the detergent solution to all parts;

(ii) Equipment components and utensils shall be scrapped or rough cleaned to remove food particle accumulation; and (iii) Equipment and utensils shall be washed as specified under 0080-04-09- .04(6)(c)4.(i).

6. Rinsing Procedures. Washed utensils and equipment shall be rinsed so that abrasives are removed and cleaning chemicals are removed or diluted through the use of water or a detergent-sanitizer solution by using one of the following procedures:

(i) Use of a distinct, separate water rinse after washing and before sanitizing if using:

(I) A 3-compartment sink, (II) Alternative manual warewashing equipment equivalent to a 3compartment sink, or (III) A 3-step washing, rinsing, and sanitizing procedure in a warewashing system for CIP equipment.

(ii) Use of a detergent-sanitizer as specified under 0080-04-09-.04(5)(a)15. if using:

(I) Alternative warewashing equipment as specified in 0080-04-09- .04(3)(a)2.(iii) that is approved for use with a detergent-sanitizer, or (II) A warewashing system for CIP equipment;

(iii) If using a warewashing machine that does not recycle the sanitizing solution as specified under subpart (iv) of this part, or alternative manual warewashing equipment such as sprayers, use of a nondistinct water rinse that is:

(I) Integrated in the application of the sanitizing solution, and (II) Wasted immediately after each application; or (iv) If using a warewashing machine that recycles the sanitizing solution for use in the next wash cycle, use of a nondistinct water rinse that is integrated in the application of the sanitizing solution.

7. Returnables, Cleaning for Refilling.

(i) Except as specified in subparts (ii) and (iii) of this part, returned empty containers intended for cleaning and refilling with food shall be cleaned and refilled in a regulated food processing plant. (P)

(ii) A food-specific container for beverages may be refilled at a food establishment if:

(I) Only a beverage that is not a time/temperature control for safety food is used as specified under 0080-04-09-.03(3)(d)7.(i).

(II) The design of the container and of the rinsing equipment and the nature of the beverage, when considered together, allow effective cleaning at home or in the food establishment;

(III) Facilities for rinsing before refilling returned containers with fresh, hot water that is under pressure and not recirculated are provided as

part of the dispensing system;

(IV) The consumer-owned container returned to the food establishment for refilling is refilled for sale or service only to the same consumer; and (V) The container is refilled by:

I. An employee of the food establishment, or II. The owner of the container if the beverage system includes a contamination-free transfer process that cannot be by-passed by the container owner.

(iii) Consumer-owned containers that are not food-specific may be filled at a water vending machine or system.

(7) Sanitization of Equipment and Utensils.

(a) Objective – Food-Contact Surfaces and Utensils. Equipment food-contact surfaces and utensils shall be sanitized.

(b) Frequency – Before Use After Cleaning. Utensils and food-contact surfaces of equipment shall be sanitized before use after cleaning. (P)

(c) Methods – Hot Water and Chemical. After being cleaned, equipment food-contact surfaces and utensils shall be sanitized in:

1. Hot water manual operations by immersion for at least 30 seconds and as specified under 0080-04-09-.04(5)(a)11.; (P)

2. Hot water mechanical operations by being cycled through equipment that is set up as specified under 0080-04-09-.04(5)(a)5., 12., and 13. and achieving a utensil surface temperature of 71°C (160°F) as measured by an irreversible registering temperature indicator; (P) or 3. Chemical manual or mechanical operations, including the application of sanitizing chemicals by immersion, manual swabbing, brushing, or pressure spraying methods, using a solution as specified under 0080-04-09-.04(5)(a)14. Contact times shall be consistent with those on EPA-registered label use instructions by providing:

(i) Except as specified under subpart (ii) of this part, a contact time of at least 10 seconds for a chlorine solution specified under 0080-04-09- .04(5)(a)14.(i), (P)

(ii) A contact time of at least seven seconds for a chlorine solution of 50 mg/L that has a pH of 10 or less and a temperature of at least 38°C (100°F) or a pH of 8 or less and a temperature of at least 24°C (75°F), (P)

(iii) A contact time of at least 30 seconds for other chemical sanitizing solutions, (P) or (iv) A contact time used in relationship with a combination of temperature, concentration, and pH that, when evaluated for efficacy, yields sanitization as defined in 0080-04-09-.01. (P)

(8) Laundering.

(a) Objective – Clean Linens. Clean linens shall be free from food residues and other soiling matter.

(b) Frequency – Specifications.

1. Linens that do not come in direct contact with food shall be laundered between operations if they become wet, sticky, or visibly soiled.

2. Cloth gloves used as specified in 0080-04-09-.03(3)(d)5.(iv) shall be laundered before being used with a different type of raw animal food such as beef, fish, lamb, pork or poultry.

3. Linens and cloth napkins that are used as specified under 0080-04-09-.03(3)(d)3. and cloth napkins shall be laundered between each use.

4. Wet wiping cloths shall be laundered daily.

5. Dry wiping cloths shall be laundered as necessary to prevent contamination of food and clean serving utensils.

(c) Methods.

1. Storage of Soiled Linens. Soiled linens shall be kept in clean, nonabsorbent receptacles or clean, washable laundry bags and stored and transported to prevent contamination of food, clean equipment, clean utensils, and singleservice and single-use articles.

2. Mechanical Washing.

(i) Except as specified in subpart (ii) of this part, linens shall be mechanically washed.

(ii) In food establishments in which only wiping cloths are laundered as specified in 0080-04-09-.04(3)(a)5.(ii) the wiping cloths may be laundered in a mechanical washer, sink designated only for laundering wiping cloths, or a warewashing or food preparation sink that is cleaned as specified under 0080-04-09-.04(5)(a)4.

3. Use of Laundry Facilities.

(i) Except as specified in subpart (ii) of this part, laundry facilities on the premises of a food establishment shall be used only for the washing and drying of items used in the operation of the establishment.

(ii) Separate laundry facilities located on the premises for the purpose of general laundering such as for institutions providing boarding and lodging may also be used for laundering food establishment items.

(9) Protection of Clean Items.

(a) Drying.

1. Equipment and Utensils, Air-Drying Required. After cleaning and sanitizing, equipment and utensils:

(i) Shall be air-dried or used after adequate draining as specified in the first paragraph of 40 CFR 180.940 Tolerance exemptions for active and inert ingredients for use in antimicrobial formulations (food-contact surface sanitizing solutions), before contact with food; and (ii) Shall not be cloth dried except that utensils that have been air-dried may be polished with cloths that are maintained clean and dry.

2. Wiping Cloths, Air-Drying Locations. Wiping cloths laundered in a food establishment that does not have a mechanical clothes dryer as specified in 0080-04-09-.04(3)(a)5.(ii) shall be air-dried in a location and in a manner that prevents contamination of food, equipment, utensils, linens, and single-service and single-use articles and the wiping cloths. This section does not apply if wiping cloths are stored after laundering in a sanitizing solution as specified under 0080-04-09-.04(5)(a)14.

(b) Lubricating and Reassembling.

1. Food-Contact Surfaces. Lubricants as specified under 0080-04-09-.07(2)(e) shall be applied to food-contact surfaces that require lubrication in a manner that does not contaminate food-contact surfaces.

2. Equipment. Equipment shall be reassembled so that food-contact surfaces are not contaminated.

(c) Storing.

1. Equipment, Utensils, Linens, and Single-Service and Single-Use Articles.

(i) Except as specified in subpart (iv) of this part, cleaned equipment and utensils, laundered linens, and single-service and single-use articles shall be stored:

(I) In a clean, dry location;

(II) Where they are not exposed to splash, dust, or other contamination; and (III) At least 15 cm (6 inches) above the floor.

(ii) Clean equipment and utensils shall be stored as specified under subpart (i) of this part and shall be stored:

(I) In a self-draining position that allows air drying; and (II) Covered or inverted.

(iii) Single-service and single-use articles shall be stored as specified under

subpart (i) of this part and shall be kept in the original protective package or stored by using other means that afford protection from contamination until used.

(iv) Items that are kept in closed packages may be stored less than 15 cm (6 inches) above the floor on dollies, pallets, racks, and skids that are designed as specified under 0080-04-09-.04(2)(d)18.

2. Prohibitions.

(i) Except as specified in subpart (ii) of this part, cleaned and sanitized equipment, utensils, laundered linens, and single-services and single-use articles shall not be stored:

(I) In locker rooms;

(II) In toilet rooms;

(III) In garbage rooms;

(IV) In mechanical rooms;

(V) Under sewer lines that are not shielded to intercept potential drips;

(VI) Under leaking water lines including leaking automatic fire sprinkler heads or under lines on which water has condensed;

(VII) Under open stairwells; or (VIII) Under other sources of contamination.

(ii) Laundered linens and single-service and single-use article that are packaged or in a facility such as a cabinet may be stored in a locker room.

(d) Preventing Contamination.

1. Kitchenware and Tableware.

(i) Single-service and single-use articles and cleaned and sanitized utensils shall be handled, displayed, and dispensed so that contamination of foodand lip-contact surfaces is prevented.

(ii) Knives, forks, and spoons that are not prewrapped shall be presented so that only the handles are touched by employees and by consumers if consumer self-service is provided.

(iii) Except as specified under subpart (ii) of this part, single-service articles that are intended for food- or lip-contact shall be furnished for consumer self-service with the original individual wrapper intact or from an approved dispenser.

2. Soiled and Clean Tableware. Soiled tableware shall be removed from consumer eating and drinking areas and handled so that clean tableware is not contaminated.

3. Preset Tableware.

(i) Except as specified in subpart (ii) of this part, tableware that is preset shall be protected from contamination by being wrapped, covered, or inverted.

(ii) Preset tableware may be exposed if:

(I) Unused settings are removed when a consumer is seated; or (II) Settings not removed when a consumer is seated are cleaned and sanitized before further use.

4. Rinsing Equipment and Utensils after Cleaning and Sanitizing. After being cleaned and sanitized, equipment and utensils shall not be rinsed before air drying or use unless:

(i) The rinse is applied directly from a potable water supply by a warewashing machine that is maintained and operated as specified under 0080-04-09- .04(2)(d) and 0080-04-09-.04(5)(a); and (ii) The rinse is applied only after the equipment and utensils have been sanitized by the application of hot water or by the application of a chemical sanitizer solution whose EPA-registered label use instructions call for rinsing off the sanitizer after it is applied in a commercial warewashing machine.

History

• Authority: § 53-8-204.
• Administrative History: Original rule filed September 30, 1986; effective November 14, 1986. Repeal and new rule filed March 27, 2015; effective June 25, 2015.

Tenn. Comp. R. & Regs. 0080-04-09-.05 WATER, PLUMBING, AND WASTE

(1) Water.

(a) Source.

1. Approved System. Drinking water shall be obtained from an approved source that is:

(i) A public water system; (P) or (ii) A nonpublic water system that is constructed, maintained, and operated according to law. (P)

2. System Flushing and Disinfection. A drinking water system shall be flushed and disinfected before being placed in service after construction, repair, or modification and after an emergency situation, such as a flood, that may introduce contaminants to the system. (P)

3. Bottled Drinking Water. Bottled drinking water used or sold in a food establishment shall be obtained from approved sources in accordance with 21 CFR 129 - Processing and Bottling of Bottled drinking water. (P)

(b) Quality.

1. Standards. Except as specified under 0080-04-09-.05(1)(b)2.:

(i) Water from a public water system shall meet 40 CFR 141 - National Primary Drinking Water Regulations and state drinking water quality standards; and (P)

(ii) Water from a nonpublic water system shall meet state drinking water quality standards. (P)

2. Nondrinking Water.

(i) A nondrinking water supply may be used only if its use is approved. (P)

(ii) Nondrinking water shall be used only for nonculinary purposes such as air conditioning, nonfood equipment cooling, and fire protection. (P)

3. Sampling. Except when used as specified under 0080-04-09-.05(1)(b)2., water from a nonpublic water system shall be sampled and tested at least annually and as required by state water quality regulations. (Pf)

4. Sample Report. The most recent sample report for the nonpublic water system shall be retained on file in the food establishment or the report shall be maintained as specified by state water quality regulations.

(c) Quantity and Availability.

1. Capacity.

(i) The water source and system shall be of sufficient capacity to meet the peak water demands of the food establishment. (Pf)

(ii) Hot water generation and distribution systems shall be sufficient to meet the peak hot water demands throughout the food establishment. (Pf)

2. Pressure. Water under pressure shall be provided to all fixtures, equipment, and nonfood equipment that are required to use water except that water supplied as specified under 0080-04-09-.05(1)(d)2.(i) and (ii) to a temporary food establishment or in response to a temporary interruption of a water supply need not be under pressure. (Pf)

(d) Distribution, Delivery, and Retention.

1. System. Water shall be received from the source through the use of:

(i) An approved public water main; or (Pf)

(ii) One or more of the following that shall be constructed, maintained, and operated according to law: (Pf)

(I) Nonpublic water main, water pumps, pipes, hoses, connections, and other appurtenances, (Pf)

(II) Water transport vehicles, (Pf) or (III) Water containers. (Pf)

2. Alternative Water Supply. Water meeting the requirements specified under 0080- 04-09-.05(1)(a)–(c) shall be made available for a mobile facility, for a temporary food establishment without a permanent water supply, and for a food establishment with a temporary interruption of its water supply through:

(i) A supply of containers of commercially bottled drinking water; (Pf)

(ii) One or more closed portable water containers; (Pf)

(iii) An enclosed vehicular water tank; (Pf)

(iv) An on-premises water storage tank; or (Pf)

(v) Piping, tubing, or hoses connected to an adjacent approved source. (Pf)

(2) Plumbing System.

(a) Materials – Approved.

1. A plumbing system and hoses conveying water shall be constructed and repaired with approved materials according to law. (P)

2. A water filter shall be made of safe materials. (P)

(b) Design, Construction, and Installation.

1. Approved System and Cleanable Fixtures.

(i) A plumbing system shall be designed, constructed, and installed according to law. (P)

(ii) A plumbing fixture such as a handwashing sink, toilet, or urinal shall be easily cleanable.

2. Handwashing Sink, Installation.

(i) A handwashing sink shall be equipped to provide water at a temperature of at least 38°C (100°F) through a mixing valve or combination faucet. (Pf)

(ii) A steam-mixing valve shall not be used at a handwashing sink.

(iii) A self-closing, slow-closing, or metering faucet shall provide a flow of water for at least 15 seconds without the need to reactivate the faucet.

(iv) An automatic handwashing facility shall be installed in accordance with manufacturer’s instructions.

3. Backflow Prevention, Air Gap. An air gap between the water supply inlet and the flood level rim of the plumbing fixture equipment, or nonfood equipment shall be at least twice the diameter of the water supply inlet and shall not be less than 25 mm (1 inch). (P)

4. Backflow Prevention Device, Design Standard. A backflow or backsiphonage prevention device installed on a water supply system shall meet American Society of Sanitary Engineering (A.S.S.E.) standards for construction, installation, maintenance, inspection, and testing for that specific application and type of device. (P)

5. Conditioning Device, Design. A water filter, screen, and other water conditioning device installed on water lines shall be designed to facilitate disassembly for periodic servicing and cleaning. A water filter element shall be of the replaceable type.

(c) Numbers and Capacities.

1. Handwashing Sinks.

(i) Except as specified in subpart (ii) of this part, at least one handwashing sink, a number of handwashing sinks necessary for their convenient use by employees in areas specified under 0080-04-09-.05(2)(d)1., and not fewer than the number of handwashing sinks required by law shall be provided.

(Pf)

(ii) If approved and capable of removing the types of soils encountered in the food operations involved, automatic handwashing facilities may be substituted for handwashing sinks in a food establishment that has at least one handwashing sink.

(iii) If approved, when food exposure is limited and handwashing sinks are not conveniently available, such as in some mobile or temporary food establishments or at some vending machine locations, employees may use chemically treated towelettes for handwashing.

2. Toilets and Urinals. At least one toilet and not fewer than the toilets required by law shall be provided. If the food service establishment has more than 16 seats, two restrooms must be available. If authorized by law and urinals are substituted for toilets, the substitution shall be done as specified in law.

3. Service Sink.

(i) At least one service sink or one curbed cleaning facility equipped with a floor drain shall be provided and conveniently located for the cleaning of mops or similar wet floor cleaning tools and for the disposal of mop water and similar liquid waste.

(ii) Toilets and urinals shall not be used as a service sink for the disposal of mop water and similar liquid waste.

4. Backflow Prevention Device, When Required. A plumbing system shall be installed to preclude backflow of a solid, liquid, or gas contaminant into the water supply system at each point of use at the food establishment, including on a hose bibb if a hose is attached or on a hose bibb if a hose is not attached and backflow prevention is required by law, by:

(i) Providing an air gap as specified under 0080-04-09-.05(2)(b)3.; (P) or (ii) Installing an approved backflow prevention device as specified under 0080-04-09-.05(2)(b)4. (P)

5. Backflow Prevention Device, Carbonator.

(i) If not provided with an air gap as specified under 0080-04-09-.05(2)(b)3., a dual check valve with an intermediate vent preceded by a screen of not less than 100 mesh to 25.4 mm (100 mesh to 1 inch) shall be installed upstream from a carbonating device and downstream from any copper in the water supply line.

(ii) A dual check valve attached to the carbonator need not be of the vented type if an air gap or vented backflow prevention device has been otherwise provided as specified under (i) of this part.

(d) Location and Placement.

1. Handwashing sinks shall be located:

(i) To allow convenient use by employees in food preparation, food dispensing, and warewashing areas; (Pf) and (ii) In, or immediately adjacent to, toilet rooms. (Pf)

2. Backflow Prevention Device, Location. A backflow prevention device shall be located so that it may be serviced and maintained.

3. Conditioning Device, Location. A water filter, screen, and other water conditioning device installed on water lines shall be located to facilitate disassembly for periodic servicing and cleaning.

(e) Operation and Maintenance.

1. Using a Handwashing Sink.

(i) A handwashing sink shall be maintained so that it is accessible at all times for employee use. (Pf)

(ii) A handwashing sink shall not be used for purposes other than handwashing. (Pf)

(iii) An automatic handwashing facility shall be used in accordance with manufacturer’s instructions. (Pf)

2. Prohibiting a Cross Connection.

(i) A person shall not create a cross connection by connecting a pipe or conduit between the drinking water system and a nondrinking water system or a water system of unknown quality. (P)

(ii) The piping of a nondrinking water system shall be durably identified so that it is readily distinguishable from piping that carries drinking water. (Pf)

3. Scheduling Inspection and Service for a Water System Device. A device such as a water treatment device or backflow preventer shall be scheduled for inspection and service, in accordance with manufacturer’s instructions and as necessary to prevent device failure based on local water conditions, and records demonstrating inspection and service shall be maintained by the person in charge. (Pf)

4. Water Reservoir of Fogging Devices, Cleaning.

(i) A reservoir that is used to supply water to a device such as a produce fogger shall be:

(I) Maintained in accordance with manufacturer’s specifications; (P) and (II) Cleaned in accordance with manufacturer’s specifications or according to the procedures specified under subpart (ii) of this part, whichever is more stringent. (P)

(ii) Cleaning procedures shall include at least the following steps and shall be conducted at least once a week:

(I) Draining and complete disassembly of the water and aerosol contact parts; (P)

(II) Brush-cleaning the reservoir, aerosol tubing, and discharge nozzles with a suitable detergent solution; (P)

(III) Flushing the complete system with water to remove the detergent solution and particulate accumulation; (P) and (IV) Rinsing by immersing, spraying, or swabbing the reservoir, aerosol tubing, and discharge nozzles with at least 50 mg/L hypochlorite solution. (P)

5. System Maintained in Good Repair. A plumbing system shall be:

(i) Repaired according to law; (P) and (ii) Maintained in good repair. (P)

(3) Mobile Water Tanks and Mobile Food Establishment Water Tank.

(a) Materials that are used in the construction of a mobile water tank, mobile food establishment water tank, and appurtenances shall be:

1. Safe; (P)

2. Durable, corrosion-resistant, and nonabsorbent; and 3. Finished to have a smooth, easily cleanable surface.

(b) Design and Construction.

1. Enclosed System, Sloped to Drain. A mobile water tank shall be:

(i) Enclosed from the filling inlet to the discharge outlet; and (ii) Sloped to an outlet that allows complete drainage of the tank.

2. Inspection and Cleaning Port, Protected and Secured. If a water tank is designed with an access port for inspection and cleaning, the opening shall be in the top of the tank and:

(i) Flanged upward at least 13 mm (one-half inch); and (ii) Equipped with a port cover assembly that is:

(I) Provided with a gasket and a device for securing the cover in place, and (II) Flanged to overlap the opening and sloped to drain.

3. “V” Type Threads, Use Limitation. A fitting with “V” type threads on a water tank inlet or outlet shall be allowed only when a hose is permanently attached.

4. Tank Vent, Protected. If provided, a water tank vent shall terminate in a downward direction and shall be covered with:

(i) 16 mesh to 25.4 mm (16 mesh to 1 inch) screen or equivalent when the vent is in a protected area; or (ii) A protective filter when the vent is in an area that is not protected from windblown dirt and debris.

5. Inlet and Outlet, Sloped to Drain.

(i) A water tank and its inlet and outlet shall be sloped to drain.

(ii) A water tank inlet shall be positioned so that it is protected from contaminants such as waste discharge, road dust, oil, or grease.

6. Hose, Construction and Identification. A hose used for conveying drinking water from a water tank shall be:

(i) Safe; (P)

(ii) Durable, corrosion-resistant, and nonabsorbent;

(iii) Resistant to pitting, chipping, crazing, scratching, scoring, distortion, and decomposition;

(iv) Finished with a smooth interior surface; and (v) Clearly and durably identified as to its use if not permanently attached.

(c) Numbers and Capacities.

1. Filter, Compressed Air. A filter that does not pass oil or oil vapors shall be installed in the air supply line between the compressor and drinking water system when compressed air is used to pressurize the water tank system. (P)

2. Protective Cover or Device. A cap and keeper chain, closed cabinet, closed storage tube, or other approved protective cover or device shall be provided for a water inlet, outlet, and hose.

3. Mobile Food Establishment Tank Inlet. A mobile food establishment’s water tank inlet shall be:

(i) 19.1 mm (three-fourths inch) in inner diameter or less; and (ii) Provided with a hose connection of a size or type that will prevent its use for any other service.

(d) Operation and Maintenance.

1. System Flushing and Sanitization. A water tank, pump, and hoses shall be flushed and sanitized before being placed in service after construction, repair, modification, and periods of nonuse. (P)

2. Using a Pump and Hoses, Backflow Prevention. A person shall operate a water tank, pump, and hoses so that backflow and other contamination of the water supply are prevented.

3. Protecting Inlet, Outlet, and Hose Fitting. If not in use, a water tank and hose inlet and outlet fitting shall be protected using a cover or device as specified under 0080-04-09-.05(3)(c)2.

4. Tank, Pump, and Hoses, Dedication.

(i) Except as specified in subpart (ii) of this part, a water tank, pump, and hoses used for conveying drinking water shall be used for no other

purpose.

(ii) Water tanks, pumps, and hoses approved for liquid foods may be used for conveying drinking water if they are cleaned and sanitized before they are used to convey water.

(4) Sewage, Other Liquid Waste, and Rainwater.

(a) Mobile Holding Tank, Capacity and Drainage. A sewage holding tank in a mobile food establishment shall be:

1. Sized 15 percent larger in capacity than the water supply tank; and 2 Sloped to a drain that is 25 mm (1 inch) in inner diameter or greater, equipped with a shut-off valve.

(b) Retention Drainage and Delivery.

1. Establishment Drainage System. Food establishment drainage systems, including grease traps, that convey sewage shall be designed and installed as specified under 0080-04-09-.05(2)(b)1.(i).

2. Backflow Prevention.

(i) Except as specified in subparts (ii), (iii), and (iv) of this part, a direct connection shall not exist between the sewage system and a drain originating from equipment in which food, portable equipment, or utensils are placed.

(ii) Subpart (i) of this part does not apply to floor drains that originate in refrigerated spaces that are constructed as an integral part of the building.

(iii) If allowed by law, a warewashing machine may have a direct connection between its waste outlet and a floor drain when the machine is located within 1.5 m (5 feet) of a trapped floor drain and the machine outlet is connected to the inlet side of a properly vented floor drain trap.

(iv) If allowed by law, a warewashing or culinary sink may have a direct connection.

3. Grease Trap. If used, a grease trap shall be located to be easily accessible for cleaning.

4. Conveying Sewage. Sewage shall be conveyed to the point of disposal through an approved sanitary sewage system or other system, including use of sewage transport vehicles, waste retention tanks, pumps, pipes, hoses, and connections that are constructed, maintained, and operated according to law. (P)

5. Removing Mobile Food Establishment Wastes. Sewage and other liquid wastes shall be removed from a mobile food establishment at an approved waste servicing area or by a sewage transport vehicle in such a way that a public health hazard or nuisance is not created. (Pf)

6. Flushing a Waste Retention Tank. A tank for liquid waste retention shall be thoroughly flushed and drained in a sanitary manner during the servicing operation.

(c) Approved Sewage Disposal System.

1. Sewage shall be disposed through an approved facility that is:

(i) A public sewage treatment plant; (P) or (ii) An individual sewage disposal system that is sized, constructed, maintained, and operated according to law. (P)

2. Other Liquid Wastes and Rainwater. Condensate drainage and other nonsewage liquids and rainwater shall be drained from point of discharge to disposal according to law.

(5) Refuse, Recyclables, and Returnables.

(a) Facilities on the Premises.

1. Indoor Storage Area. If located within the food establishment, a storage area for refuse, recyclables, and returnables shall meet the requirements specified under 0080-04-09-.06(1)(a), 0080-04-09-.06(2)(a)1.–8., 0080-04-09-.06(2)(b)5. and 6.

2. Outdoor Storage Surface. An outdoor storage surface for refuse, recyclables, and returnables shall be constructed of nonabsorbent material such as concrete or asphalt and shall be smooth, durable, and sloped to drain.

3. Outdoor Enclosure. If used, an outdoor enclosure for refuse, recyclables, and returnables shall be constructed of durable and cleanable materials.

4. Receptacles.

(i) Except as specified in subpart (ii) of this part, receptacles and waste handling units for refuse, recyclables, and returnables and for use with materials containing food residue shall be durable, cleanable, insect- and rodent-resistant, leakproof, and nonabsorbent.

(ii) Plastic bags and wet strength paper bags may be used to line receptacles for storage inside the food establishment, or within closed outside receptacles.

5. Outside Receptacles.

(i) Receptacles and waste handling units for refuse, recyclables, and returnables used with materials containing food residue and used outside the food establishment shall be designed and constructed to have tightfitting lids, doors, or covers.

(ii) Receptacles and waste handling units for refuse and recyclables such as an on-site compactor shall be installed so that accumulation of debris and insect and rodent attraction and harborage are minimized and effective cleaning is facilitated around and, if the unit is not installed flush with the base pad, under the unit.

6. Storage Areas, Rooms, and Receptacles, Capacity and Availability.

(i) An inside storage room and area and outside storage area and enclosure, and receptacles shall be of sufficient capacity to hold refuse, recyclables, and returnables that accumulate.

(ii) A receptacle shall be provided in each area of the food establishment or premises where refuse is generated or commonly discarded, or where recyclables or returnables are placed.

(iii) If disposable towels are used at handwashing lavatories, a waste receptacle shall be located at each lavatory or group of adjacent lavatories.

7. Toilet Room Receptacle, Covered. A toilet room used by females shall be provided with a covered receptacle for sanitary napkins.

8. Cleaning Implements and Supplies.

(i) Except as specified in subpart (ii) of this part, suitable cleaning implements and supplies such as high pressure pumps, hot water, steam, and detergent shall be provided as necessary for effective cleaning of receptacles and waste handling units for refuse, recyclables, and returnables.

(ii) If approved, off-premises-based cleaning services may be used if onpremises cleaning implements and supplies are not provided.

9. Storage Areas, Redeeming Machines, Receptacles and Waste Handling Units, Location.

(i) An area designated for refuse, recyclables, returnables, and, except as specified in subpart (ii) of this part, a redeeming machine for recyclables or returnables shall be located so that it is separate from food, equipment, utensils, linens, and single-service and single-use articles and a public health hazard or nuisance is not created.

(ii) A redeeming machine may be located in the packaged food storage area or consumer area of a food establishment if food, equipment, utensils, linens, and single-service and single-use articles are not subject to contamination from the machines and a public health hazard or nuisance is not created.

(iii) The location of receptacles and waste handling units for refuse, recyclables, and returnables shall not create a public health hazard or nuisance or interfere with the cleaning of adjacent space.

10. Storing Refuse, Recyclables, and Returnables. Refuse, recyclables, and returnables shall be stored in receptacles or waste handling units so that they are inaccessible to insects and rodents.

11. Areas, Enclosures, and Receptacles, Good Repair. Storage areas, enclosures, and receptacles for refuse, recyclables, and returnables shall be maintained in good repair.

12. Outside Storage Prohibitions.

(i) Except as specified in subpart (ii) of this part, refuse receptacles not meeting the requirements specified under 0080-04-09-.05(5)(a)4.(i) such as receptacles that are not rodent-resistant, unprotected plastic bags and paper bags, or baled units that contain materials with food residue shall not be stored outside.

(ii) Cardboard or other packaging material that does not contain food residues and that is awaiting regularly scheduled delivery to a recycling or disposal site may be stored outside without being in a covered receptacle if it is stored so that it does not create a rodent harborage problem.

13. Covering Receptacles. Receptacles and waste handling units for refuse, recyclables, and returnables shall be kept covered:

(i) Inside the food establishment if the receptacles and units:

(I) Contain food residue and are not in continuous use; or (II) After they are filled; and (ii) With tight-fitting lids or doors if kept outside the food establishment.

14. Using Drain Plugs. Drains in receptacles and waste handling units for refuse, recyclables, and returnables shall have drain plugs in place.

15. Maintaining Refuse Areas and Enclosures. A storage area and enclosure for refuse, recyclables, or returnables shall be maintained free of unnecessary items, as specified under 0080-04-09-.06(5)(n), and clean.

16. Cleaning Receptacles.

(i) Receptacles and waste handling units for refuse, recyclables, and returnables shall be thoroughly cleaned in a way that does not contaminate food, equipment, utensils, linens, or single-service and single-use articles, and waste water shall be disposed of as specified under 0080-04-09- .05(4)(b)4.

(ii) Soiled receptacles and waste handling units for refuse, recyclables, and returnables shall be cleaned at a frequency necessary to prevent them from developing a buildup of soil or becoming attractants for insects and rodents.

(b) Removal.

1. Frequency. Refuse, recyclables, and returnables shall be removed from the premises at a frequency that will minimize the development of objectionable odors and other conditions that attract or harbor insects and rodents.

2. Receptacles or Vehicles. Refuse, recyclables, and returnables shall be removed from the premises by way of:

(i) Portable receptacles that are constructed and maintained according to law; or (ii) A transport vehicle that is constructed, maintained, and operated according to law.

(c) Facilities for Disposal and Recycling. Community or Individual Facility. Solid waste not disposed of through the sewage system such as through grinders and pulpers shall be recycled or disposed of in an approved public or private community recycling or refuse facility; or solid waste shall be disposed of in an individual refuse facility such as a landfill or incinerator which is sized, constructed, maintained, and operated according to law.

History

• Authority: T.C.A. § 53-8-204.
• Administrative History: Original rule filed. September 30, 1986; effective November 14, 1986. Amendment filed February 20, 2002; effective June 28, 2002. Repeal and new rule filed March 27, 2015; effective June 25, 2015.

Tenn. Comp. R. & Regs. 0080-04-09-.06 PHYSICAL FACILITIES

(1) Materials for Construction and Repair.

(a) Indoor Areas. Surface Characteristics.

1. Except as specified in part 2. of this subparagraph, materials for indoor floor, wall, and ceiling surfaces under conditions of normal use shall be:

(i) Smooth, durable, and easily cleanable for areas where food establishment operations are conducted;

(ii) Closely woven and easily cleanable carpet for carpeted areas; and (iii) Nonabsorbent for areas subject to moisture such as food preparation areas, walk-in refrigerators, warewashing areas, toilet rooms, mobile food establishment servicing areas, and areas subject to flushing or spray cleaning methods.

2. In a temporary food establishment:

(i) If graded to drain, a floor may be concrete, machine-laid asphalt, or dirt or gravel if it is covered with mats, removable platforms, duckboards, or other approved materials that are effectively treated to control dust and mud; and (ii) Walls and ceilings may be constructed of a material that protects the interior from the weather and windblown dust and debris.

(b) Outdoor Areas. Surface Characteristics.

1. The outdoor walking and driving areas shall be surfaced with concrete, asphalt, or gravel or other materials that have been effectively treated to minimize dust, facilitate maintenance, and prevent muddy conditions.

2. Exterior surfaces of buildings and mobile food establishments shall be of weather-resistant materials and shall comply with law.

3. Outdoor storage areas for refuse, recyclables, or returnables shall be of materials specified under 0080-04-09-.05(5)(a)2. and 3.

(2) Design, Construction, and Installation.

(a) Cleanability.

1. Floors, Walls, and Ceilings. Except as specified under part 4. of this subparagraph and except for antislip floor coverings or applications that may be used for safety reasons, floors, floor coverings, walls, wall coverings, and ceilings shall be designed, constructed, and installed so they are smooth and easily cleanable.

2. Floors, Walls, and Ceilings, Utility Lines.

(i) Utility service lines and pipes shall not be unnecessarily exposed.

(ii) Exposed utility service lines and pipes shall be installed so they do not obstruct or prevent cleaning of the floors, walls, or ceilings.

(iii) Exposed horizontal utility service lines and pipes shall not be installed on the floor.

3. Floor and Wall Junctures, Coved, and Enclosed or Sealed.

(i) In food establishments in which cleaning methods other than water flushing are used for cleaning floors, the floor and wall junctures shall be coved and closed to no larger than one mm (one thirty-second inch).

(ii) The floors in food establishments in which water flush cleaning methods are used shall be provided with drains and be graded to drain, and the floor and wall junctures shall be coved and sealed.

4. Floor Carpeting, Restrictions, and Installation.

(i) A floor covering such as carpeting or similar material shall not be installed as a floor covering in food preparation areas, walk-in refrigerators, warewashing areas, toilet room areas where handwashing lavatories, toilets, and urinals are located, refuse storage rooms, or other areas where the floor is subject to moisture, flushing, or spray cleaning methods.

(ii) If carpeting is installed as a floor covering in areas other than those specified under subpart (i) of this part, it shall be:

(I) Securely attached to the floor with a durable mastic, by using a stretch and tack method, or by another method; and (II) Installed tightly against the wall under the coving or installed away from the wall with a space between the carpet and the wall and with the edges of the carpet secured by metal stripping or some other means.

5. Floor Covering, Mats and Duckboards. Mats and duckboards shall be designed to be removable and easily cleanable.

6. Wall and Ceiling Coverings and Coatings.

(i) Wall and ceiling covering materials shall be attached so that they are easily cleanable.

(ii) Except in areas used only for dry storage, concrete, porous blocks, or bricks used for indoor wall construction shall be finished and sealed to provide a smooth, nonabsorbent, easily cleanable surface.

7. Walls and Ceilings, Attachments.

(i) Except as specified in subpart (ii) of this part, attachments to walls and ceilings such as light fixtures, mechanical room ventilation system components, vent covers, wall mounted fans, decorative items, and other attachments shall be easily cleanable.

(ii) In a consumer area, wall and ceiling surfaces and decorative items and attachments that are provided for ambiance need not meet this requirement if they are kept clean.

8. Walls and Ceilings, Studs, Joists, and Rafters. Except for temporary food establishments, studs, joists, and rafters shall not be exposed in areas subject to moisture.

(b) Functionality.

1. Light Bulbs, Protective Shielding.

(i) Except as specified in subpart (ii) of this part, light bulbs shall be shielded, coated, or otherwise shatter-resistant in areas where there is exposed food; clean equipment, utensils, and linens; or unwrapped single-service and single-use articles.

(ii) Shielded, coated, or otherwise shatter-resistant bulbs need not be used in areas used only for storing food in unopened packages, if:

(I) The integrity of the packages cannot be affected by broken glass falling onto them; and (II) The packages are capable of being cleaned of debris from broken bulbs before the packages are opened.

(iii) An infrared or other heat lamp shall be protected against breakage by a shield surrounding and extending beyond the bulb so that only the face of the bulb is exposed.

2. Heating, Ventilating, Air Conditioning System Vents. Heating, ventilating, and air conditioning systems shall be designed and installed so that make-up air intake and exhaust vents do not cause contamination of food, food-contact surfaces, equipment, or utensils.

3. Insect Control Devices, Design and Installation.

(i) Insect control devices that are used to electrocute or stun flying insects shall be designed to retain the insect within the device.

(ii) Insect control devices shall be installed so that:

(I) The devices are not located over a food preparation area; and (II) Dead insects and insect fragments are prevented from being impelled onto or falling on exposed food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles.

4. Toilet Rooms, Enclosed. Except where a toilet room is located outside a food establishment and does not open directly into the food establishment such as a toilet room that is provided by the management of a shopping mall, a toilet room located on the premises shall be completely enclosed and provided with a tightfitting and self-closing door.

5. Outer Openings, Protected.

(i) Except as specified in subparts (ii), (iii), and (v) and under subpart (iv) of this part, outer openings of a food establishment shall be protected against the entry of insects and rodents by:

(I) Filling or closing holes and other gaps along floors, walls, and ceilings;

(II) Closed, tight-fitting windows; and (III) Solid, self-closing, tight-fitting doors.

(ii) Subpart (i) of this part does not apply if a food establishment opens into a larger structure, such as a mall, airport, or office building, or into an attached structure, such as a porch, and the outer openings from the larger or attached structure are protected against the entry of insects and rodents.

(iii) Exterior doors used as exits need not be self-closing if they are:

(I) Solid and tight-fitting;

(II) Designated for use only when an emergency exists, by the fire protection authority that has jurisdiction over the food establishment; and (III) Limited-use so they are not used for entrance or exit from the building for purposes other than the designated emergency exit use.

(iv) Except as specified in subparts (ii) and (v) of this part, if the windows or doors of a food establishment, or of a larger structure within which a food establishment is located, are kept open for ventilation or other purposes or a temporary food establishment is not provided with windows and doors as specified under subpart (i) of this part, the openings shall be protected against the entry of insects and rodents by:

(I) 16 mesh to 25.4 mm (16 mesh to 1 inch) screens;

(II) Properly designed and installed air curtains to control flying insects; or (III) Other effective means.

(v) Subpart (iv) of this part does not apply if flying insects and other pests are absent due to the location of the establishment, the weather, or other limiting condition.

6. Exterior Walls and Roofs, Protective Barrier. Perimeter walls and roofs of a food establishment shall effectively protect the establishment from the weather and the entry of insects, rodents, and other animals.

7. Except for areas used only for the loading of water or the discharge of sewage and other liquid waste, through the use of a closed system of hoses, servicing areas shall be provided with overhead protection.

8. Outdoor Walking and Driving Surfaces, Graded to Drain. Exterior walking and driving surfaces shall be graded to drain.

9. Outdoor Refuse Areas, Curbed and Graded to Drain. Outdoor refuse areas shall be constructed in accordance with law and shall be curbed and graded to drain to collect and dispose of liquid waste that results from the refuse and from cleaning the area and waste receptacles.

10. Private Homes and Living or Sleeping Quarters, Use Prohibition. A private home, except as provided by T.C.A. § 53-8-117, a room used as living or sleeping quarters, or an area directly opening into a room used as living or sleeping quarters shall not be used for conducting food establishment operations.

11. Living or Sleeping Quarters, Separation. Living or sleeping quarters located on the premises of a food establishment such as those provided for lodging registration clerks or resident managers shall be separated from rooms and areas used for food establishments operations by complete partitioning and solid self-closing doors.

(3) Number and Capacities.

(a) Handwashing Sinks.

1. Handwashing sinks shall be provided as specified under 0080-04-09-.05(2)(c)1.

2. Handwashing Cleanser, Availability. Each handwashing sink or group of two adjacent handwashing sinks shall be provided with a supply of hand cleaning liquid, powder, or bar soap.

3. Hand Drying Provision. Each handwashing sink or group of adjacent handwashing sinks shall be provided with:

(i) Individual, disposable towels;

(ii) A continuous towel system that supplies the user with a clean towel; or (iii) A heated-air hand drying device; or (iv) A hand drying device that employs an air-knife system that delivers high velocity, pressurized air at ambient temperatures.

4. Handwashing Aids and Devices, Use Restrictions. A sink used for food preparation or utensil washing, or a service sink or curbed cleaning facility used for the disposal of mop water or similar wastes, shall not be provided with the handwashing aids and devices required for a handwashing sink as specified under 0080-04-09-.06(3)(a)2. and 3. and 0080-04-09-.05(5)(a)6.(iii).

5. Handwashing Signage. A sign or poster that notifies food employees to wash their hands shall be provided at all handwashing sinks used by food employees and shall be clearly visible to food employees.

6. Disposable Towels, Waste Receptacle. A handwashing sink or group of adjacent handwashing sinks that is provided with disposable towels shall be provided with a waste receptacle as specified under 0080-04-09-.05(5)(a)6.(iii).

(b) Toilets and Urinals.

1. Toilets and urinals shall be provided as specified under 0080-04-09-.05(2)(c)2.

2. A supply of toilet tissue shall be available at each toilet. (Pf)

(c) Lighting. The light intensity shall be:

1. At least 108 lux (10 foot candles) at a distance of 75 cm (30 inches) above the floor, in walk-in refrigeration units and dry food storage areas and in other areas and rooms during periods of cleaning;

2. At least 215 lux (20 foot candles):

(i) At a surface where food is provided for consumer self-service such as buffets and salad bars or where fresh produce or packaged foods are sold or offered for consumption, (ii) Inside equipment such as reach-in and under-counter refrigerators; and (iii) At a distance of 75 cm (30 inches) above the floor in areas used for handwashing, warewashing, and equipment and utensil storage, and in toilet rooms; and 3. At least 540 lux (50 foot candles) at a surface where a food employee is working with food or working with utensils or equipment such as knives, slicers, grinders, or saws where employee safety is a factor.

(d) Ventilation. If necessary to keep rooms free of excessive heat, steam, condensation, vapors, obnoxious odors, smoke, and fumes, mechanical ventilation of sufficient capacity shall be provided.

(e) Dressing Areas and Lockers.

1. Dressing rooms or dressing areas shall be designated if employees routinely change their clothes in the establishment.

2. Lockers or other suitable facilities shall be provided for the orderly storage of employee’s clothing and other possessions.

(f) A service sink or curbed cleaning facility shall be provided as specified under 0080-04- 09-.05(2)(c)3.(i).

(4) Location and Placement.

(a) Handwashing sinks shall be conveniently located as specified under 0080-04-09- .05(2)(d)1.

(b) Toilet rooms shall be conveniently located and accessible to employees during all hours of operation.

(c) Employee Accommodations.

1. Areas designated for employees to eat, drink, and use tobacco shall be located so that food, equipment, linens, and single-service and single-use articles are protected from contamination.

2. Lockers or other suitable facilities shall be located in a designated room or area where contamination of food, equipment, utensils, linens, and single-service and single-use articles cannot occur.

(d) Distressed Merchandise. Products that are held by the permit holder for credit, redemption, or return to the distributor, such as damaged, spoiled, or recalled products, shall be segregated and held in designated areas that are separated from food, equipment, utensils, linens, and single-service and single-use articles. (Pf)

(e) Refuse, Recyclables, and Returnables. Units, receptacles, and areas designated for storage of refuse and recyclable and returnable containers shall be located as specified under 0080-04-09-.05(5)(a)9.

(5) Maintenance and Operation.

(a) Physical facilities shall be maintained in good repair.

(b) Cleaning, Frequency and Restrictions.

1. Physical facilities shall be cleaned as often as necessary to keep them clean.

2. Except for cleaning that is necessary due to a spill or other accident, cleaning shall be done during periods when the least amount of food is exposed such as after closing.

(c) Cleaning Floors, Dustless Methods.

1. Except as specified in part 2. of this subparagraph, only dustless methods of cleaning shall be used, such as wet cleaning, vacuum cleaning, mopping with treated dust mops, or sweeping using a broom and dust-arresting compounds.

2. Spills or drippage on floors that occur between normal floor cleaning times may be cleaned:

(i) Without the use of dust-arresting compounds; and (ii) In the case of liquid spills or drippage, with the use of a small amount of absorbent compound such as sawdust or diatomaceous earth applied immediately before spot cleaning.

(d) Cleaning Ventilation Systems, Nuisance and Discharge Prohibition.

1. Intake and exhaust air ducts shall be cleaned and filters changed so they are not a source of contamination by dust, dirt, and other materials.

2. If vented to the outside, ventilation systems shall not create a public health hazard or nuisance or unlawful discharge.

(e) Cleaning Maintenance Tools, Preventing Contamination. Food preparation sinks, handwashing sinks, and warewashing equipment shall not be used for the cleaning of maintenance tools, the preparation or holding of maintenance materials, or the disposal of mop water and similar liquid wastes.

(f) Drying Mops. After use, mops shall be placed in a position that allows them to air-dry without soiling walls, equipment, or supplies.

(g) Absorbent Materials on Floors, Use Limitation. Except as specified in 0080-04-09- .06(5)(c)2., sawdust, wood shavings, granular salt, baked clay, diatomaceous earth, or similar materials shall not be used on floors.

(h) Cleaning of Plumbing Fixtures. Plumbing fixtures such as handwashing sinks, toilets, and urinals shall be cleaned as often as necessary to keep them clean.

(i) Closing Toilet Room Doors. Except during cleaning and maintenance operations, toilet room doors as specified under 0080-04-09-.06(2)(b)4. shall be kept closed.

(j) Using Dressing Rooms and Lockers.

1. Dressing rooms shall be used by employees if the employees regularly change their clothes in the establishment.

2. Lockers or other suitable facilities shall be used for the orderly storage of employee clothing and other possessions.

(k) Controlling Pests. The premises shall be maintained free of insects, rodents, and other pests. The presence of insects, rodents, and other pests shall be controlled to eliminate their presence on the premises by:

1. Routinely inspecting incoming shipments of food and supplies;

2. Routinely inspecting the premises for evidence of pests;

3. Using methods, if pests are found, such as trapping devices or other means of pest control as specified under 0080-04-09-.07(2)(b)2.(iii) and 0080-04-09- .07(2)(f)2. and 3.; and 4. Eliminating harborage conditions.

(l) Removing Dead or Trapped Birds, Insects, Rodents, and Other Pests. Dead or trapped birds, insects, rodents, and other pests shall be removed from control devices and the premises at a frequency that prevents their accumulation, decomposition, or the attraction of pests.

(m) Storing Maintenance Tools. Maintenance tools such as brooms, mops, vacuum cleaners, and similar items shall be:

1. Stored so they do not contaminate food, equipment, utensils, linens, and singleservice and single-use articles; and 2. Stored in an orderly manner that facilitates cleaning the area used for storing the maintenance tools.

(n) Maintaining Premises, Unnecessary Items and Litter. The premises shall be free of:

1. Items that are unnecessary to the operation or maintenance of the establishment such as equipment that is nonfunctional or no longer used; and 2. Litter.

(o) Prohibiting Animals.

1. Except as specified in parts 2. and 3. of this subparagraph, live animals shall not be allowed on the premises of a food establishment.

2. Live animals are allowed in the following situations if the owner or operator does not permit animals to physically contact food, serving dishes, utensils, tableware, linens, unwrapped single-service and single-use articles or other food service items that may result in contamination of food or food-contact surfaces and does not permit animals to physically contact employees engaged in the preparation or handling of food:

(i) Fish or crustacea in aquariums or display tanks;

(ii) Patrol dogs accompanying police or security officers in offices and dining, sales, and storage areas; and sentry dogs in outside fenced areas;

(iii) Service animals accompanying persons with disabilities in areas that are not used for food preparation;

(iv) Dogs (Canis lupus familiaris) and cats (Felis catus) in outdoor dining areas; provided that dogs and cats are physically restrained, and do not pass through any indoor areas of the food establishment. Except for service animals described in subpart (iii) of this part, nothing in this chapter prohibits a food establishment from prohibiting dogs and cats in outdoor dining areas; and (v) In areas that are not used for food preparation, storage, sales, display, or dining, in which there are caged animals or animals that are similarly confined, such as in a variety store that sells pets or a tourist park that displays animals.

3. Live or dead fish bait may be stored if contamination of food; clean equipment, utensils, and linens; and unwrapped single-service and single-use articles cannot result.

History

• Authority: T.C.A. § 53-8-204.
• Administrative History: Original rule filed September 30, 1986; effective November 14, 1986. Amendment filed February 20, 2002; effective June 28, 2002. Amendments filed June 27, 2008; effective October 28, 2008. Repeal and new rule filed March 27, 2015; effective June 25, 2015.

Tenn. Comp. R. & Regs. 0080-04-09-.07 POISONOUS OR TOXIC MATERIALS

(1) Labeling and Identification.

(a) Original Containers. Containers of poisonous or toxic materials and personal care items shall bear a legible manufacturer’s label. Only those pesticides that have been registered with the EPA and with the Department shall be used. If the manufacturer’s label is missing from a pesticide container, the container shall be identified with the manufacturer’s product brand name, percentage of each active ingredient, and EPA registration number. (Pf)

(b) Working containers used for storing poisonous or toxic materials such as cleaners and sanitizers taken from bulk supplies shall be clearly and individually identified with the common name of the material. (Pf)

(2) Operational Supplies and Applications.

(a) Storage. Poisonous or toxic materials shall be stored so they cannot contaminate food, equipment, utensils, linens, and single-service and single-use articles by:

1. Separating the poisonous or toxic materials by spacing or partitioning; (P) and 2. Locating the poisonous or toxic materials in an area that is not above food, equipment, utensils, linens, and single-service or single-use articles. This part does not apply to equipment and utensil cleaners and sanitizers that are stored in warewashing areas for availability and convenience if the materials are stored to prevent contamination of food, equipment, utensils, linens, and single-service and single-use articles. (P)

(b) Presence and Use.

1. Restriction.

(i) Only those poisonous or toxic materials that are required for the operation and maintenance of a food establishment, such as for the cleaning and sanitizing of equipment and utensils and the control of insects and rodents, shall be allowed in a food establishment.

(ii) Subpart (i) of this part does not apply to packaged poisonous or toxic materials that are for retail sale.

2. Conditions of Use. Poisonous or toxic materials shall be:

(i) Used according to:

(I) Law and this chapter, (II) Manufacturer’s use directions included in labeling, and, for a pesticide, manufacturer’s label instructions that state that use is allowed in a food establishment, (P)

(III) The conditions of certification, if certification is required, for use of the pest control materials, (P) and (IV) Additional conditions that may be established by the commissioner; and (ii) Applied so that:

(I) A hazard to employees or other persons is not constituted, (P) and (II) Contamination including toxic residues due to drip, drain, fog, splash or spray on food, equipment, utensils, linens, and single-service and single-use articles is prevented, and for a restricted use pesticide, this is achieved by: (P)

I. Removing the items, (P)

II. Covering the items with impermeable covers, (P) or III. Taking other appropriate preventive actions, (P) and IV. Cleaning and sanitizing equipment and utensils after the application. (P)

(iii) A general use or restricted use pesticide shall be applied only by an applicator certified as defined in 7 USC 136 Definitions, (e) Certified Applicator, of the Federal Insecticide, Fungicide, and Rodenticide Act and Tennessee Rule Chapter 0080-06-16 Regulations Governing the Use of Pesticides. (Pf)

(c) Container Prohibitions. Poisonous or Toxic Material Containers. A container previously used to store poisonous or toxic materials shall not be used to store, transport, or dispense food. Sanitizing solutions shall not be stored in or dispensed from containers previously containing other poisonous or toxic materials. (P)

(d) Chemicals.

1. Sanitizers, Criteria. Chemical sanitizers and other chemical antimicrobials applied to food-contact surfaces shall meet the requirements specified in 40 CFR 180.940 Tolerance exemptions for active and inert ingredients for use in antimicrobial formulations (food-contact surface sanitizing solutions). (P)

2. Chemicals for Washing, Treatment, Storage and Processing Fruits and Vegetables, Criteria.

(i) Chemicals used to wash or peel raw, whole fruits and vegetables shall meet the requirements specified in 21 CFR 173.315 Chemicals used in washing or to assist in the peeling of fruits and vegetables. (P)

(ii) Ozone as an antimicrobial agent used in the treatment, storage, and processing of fruits and vegetables in a food establishment shall meet the requirements specified in 21 CFR 173.368 Ozone.

3. Boiler Water Additives, Criteria. Chemicals used as boiler water additives shall meet the requirements specified in 21 CFR 173.310 Boiler water additives. (P)

4. Drying Agents, Criteria. Drying agents used in conjunction with sanitization shall:

(i) Contain only components that are listed as one of the following:

(I) Generally recognized as safe for use in food as specified in 21 CFR 182 - Substances Generally Recognized as Safe, or 21 CFR 184 - Direct Food Substances Affirmed as Generally Recognized as Safe, (P)

(II) Generally recognized as safe for the intended use as specified in 21 CFR 186 - Indirect Food Substances Affirmed as Generally Recognized as Safe, (P)

(III) Approved for use as a drying agent under a prior sanction specified in 21 CFR 181 - Prior-Sanctioned Food Ingredients, (P)

(IV) Specifically regulated as an indirect food additive for use as a drying agent as specified in 21 CFR Parts 175 178, (P) or (V) Approved for use as a drying agent under the threshold of regulation process established by 21 CFR 170.39 Threshold of regulation for substances used in food-contact articles; (P) and (ii) When sanitization is with chemicals, the approval required under item (i)(III) or (i)(V) of this part or the regulation as an indirect food additive required under item (i)(IV) of this part, shall be specifically for use with chemical sanitizing solutions. (P)

(e) Lubricants shall meet the requirements specified in 21 CFR 178.3570 Lubricants with incidental food contact, if they are used on food-contact surfaces, on bearings and gears located on or within food-contact surfaces, or on bearings and gears that are located so that lubricants may leak, drip, or be forced into food or onto food-contact surfaces. (P)

(f) Pesticides.

1. Restricted use pesticides specified under 0080-04-09-.07(2)(b)2.(iii) shall meet the requirements specified in 40 CFR 152 Subpart I - Classification of Pesticides.

(P)

2. Rodent Bait Stations. Rodent bait shall be placed outside and contained in a covered, tamper-resistant bait station. (P)

3. Tracking Powders, Pest Control and Monitoring.

(i) Except as specified in subpart (ii) of this part, a tracking powder pesticide shall not be used in a food establishment. (P)

(ii) If used, a nontoxic tracking powder such as talcum or flour may not contaminate food, equipment, utensils, linens, and single-service and single-use articles.

(g) Medicines.

1. Restriction and Storage.

(i) Except for medicines that are stored or displayed for retail sale, only those medicines that are necessary for the health of employees shall be allowed in a food establishment. (Pf)

(ii) Medicines that are in a food establishment for the employees’ use shall be labeled as specified under 0080-04-09-.07(1)(a) and located to prevent the contamination of food, equipment, utensils, linens, and single-service and single-use articles. (P)

2. Refrigerated Medicines, Storage. Medicines belonging to employees or to children in a day care center that require refrigeration and are stored in a food refrigerator shall be:

(i) Stored in a package or container and kept inside a covered, leakproof container that is identified as a container for the storage of medicines; (P) and (ii) Located so they are inaccessible to children. (P)

(h) First aid supplies that are in a food establishment for the employees’ use shall be:

1. Labeled as specified under 0080-04-09-.07(1)(a); (Pf) and 2. Stored in a kit or a container that is located to prevent the contamination of food, equipment, utensils, and linens, and single-service and single-use articles. (P)

(i) Other Personal Care Items. Except as specified under 0080-04-09-.07(2)(g)2. and 0080-04-09-.07(2)(h), employees shall store their personal care items in facilities as specified under 0080-04-09-.06(3)(e)2.

(3) Stock and Retail Sale.

Poisonous or toxic materials shall be stored and displayed for retail sale so they cannot contaminate food, equipment, utensils, linens, and single-service and single-use articles by:

(a) Separating the poisonous or toxic materials by spacing or partitioning; (P) and (b) Locating the poisonous or toxic materials in an area that is not above food, equipment, utensils, linens, and single-service or single-use articles. (P)

History

• Authority: T.C.A. § 53-8-204.
• Administrative History: Original rule filed September 30, 1986; effective November 14, 1986. Amendment filed February 20, 2002; effective June 28, 2002. Amendment filed June 27, 2008; effective October 28, 2008. Repeal and new rule filed March 27, 2015; effective June 25, 2015.

Tenn. Comp. R. & Regs. 0080-04-09-.08 COMPLIANCE AND ENFORCEMENT

(1) Applicability.

(a) Public Health Protection. In enforcing the provisions of this chapter, the commissioner shall assess existing facilities or equipment that were in use before the effective date of this chapter based on the following considerations:

1. Whether the facilities or equipment are in good repair and capable of being maintained in a sanitary condition;

2. Whether food-contact surfaces comply with 0080-04-09-.04(1)(a);

3. Whether the capacities of cooling, heating, and holding equipment are sufficient to comply with 0080-04-09-.04(3)(a)1.; and 4. The existence of a documented agreement with the permit holder that the facilities or equipment will be replaced as specified under 0080-04-09-.08(3)(i)6.

(b) Preventing Health Hazards, Provision for Conditions Not Addressed.

1. If necessary to protect against public health hazards or nuisances, the commissioner may impose specific requirements in addition to the requirements contained in this chapter that are authorized by law.

2. The commissioner shall document the conditions that necessitate the imposition of additional requirements and the underlying public health rationale. The documentation shall be provided to the permit applicant or permit holder and a copy shall be maintained in the commissioner’s file for the food establishment.

(c) Variances.

1. Modifications and Waivers. The commissioner may grant a variance by modifying or waiving the requirements of this chapter if in the opinion of the commissioner a health hazard or nuisance will not result from the variance. If a variance is granted, the commissioner shall retain the information specified under part 2. of this subparagraph in its records for the food establishment. Variance requests shall be submitted to a committee including a food scientist and representatives from industry and state and local public health agencies appointed by the department.

2. Documentation of Proposed Variance and Justification. Before a variance from a requirement of this chapter is approved, the information that shall be provided by the person requesting the variance and retained in the commissioner’s file on the food establishment includes:

(i) A statement of the proposed variance of the chapter requirement citing relevant chapter section numbers;

(ii) An analysis of the rationale for how the potential public health hazards and nuisances addressed by the relevant chapter sections will be alternatively addressed by the proposal; and (iii) A HACCP plan if required as specified under 0080-04-09-.08(2)(c) that includes the information specified under 0080-04-09-.08(2)(d) as it is relevant to the variance requested.

3. Conformance with Approved Procedures. If the commissioner grants a variance as specified in 0080-04-09-.08(1)(c), or a HACCP plan is otherwise required as specified under 0080-04-09-.08(2)(c), the permit holder shall:

(i) Comply with the HACCP plans and procedures that are submitted as specified under 0080-04-09-.08(2)(d) and approved as a basis for the modification or waiver; (P) and (ii) Maintain and provide to the commissioner, upon request, records specified under 0080-04-09-.08(2)(d)4. and 5. that demonstrate that the following are routinely employed;

(I) Procedures for monitoring the critical control points, (II) Monitoring of the critical control points, (III) Verification of the effectiveness of the operation or process, and (IV) Necessary corrective actions if there is failure at a critical control point.

(2) Plan Submission and Approval.

(a) When Plans Are Required. Plans drawn to scale for food establishments shall be submitted for review and approval to the department. A permit applicant or permit holder shall submit to the commissioner properly prepared plans and specifications for review and approval before:

1. The construction of a food establishment;

2. The conversion of an existing structure for use as a food establishment; or 3. The remodeling of a food establishment or a change of type of food establishment or food operation as specified under 0080-04-09-.08(3)(e)3. if the commissioner determines that plans and specifications are necessary to ensure compliance with this chapter.

(b) Contents of the Plans and Specifications. The plans and specifications for a food establishment, including a food establishment specified under 0080-04-09-.08(2)(c), shall include, as required by the commissioner based on the type of operation, type of food preparation, and foods prepared, the following information to demonstrate conformance with chapter provisions:

1. Intended menu and plans to be reviewed;

2. Anticipated volume of food to be stored, prepared, and sold or served;

3. Proposed layout, mechanical schematics, construction materials, and finish schedules;

4. Proposed equipment types, manufacturers, model numbers, locations, dimensions, performance capacities, and installation specifications;

5. Evidence that standard procedures that ensure compliance with the requirements of this chapter are developed or are being developed; and 6. Other information that may be required by the commissioner for the proper review of the proposed construction, conversion or modification, and procedures for operating a food establishment.

(c) When a HACCP Plan is Required.

1. Before engaging in an activity that requires a HACCP plan, a permit applicant or permit holder shall submit to the commissioner for approval a properly prepared HACCP plan as specified under 0080-04-09-.08(2)(d) and the relevant provisions of this chapter if:

(i) Submission of a HACCP plan is required according to law;

(ii) A variance is required as specified under 0080-04-09-.03(4)(a)1.(iv)(IV), 0080-04-09-.03(5)(b)1., or 0080-04-09-.04(2)(d)8.(ii);

(iii) The commissioner determines that a food preparation or processing method requires a variance based on a plan submittal specified under 0080-04-09-.08(2)(b), an inspectional finding, or a variance request.

2. A permit applicant or permit holder shall have a properly prepared HACCP plan as specified under 0080-04-09-.03(5)(b)2.

(d) Contents of a HACCP Plan. For a food establishment that is required under 0080-04- 09-.08(2)(c) to have a HACCP plan, the plan and specifications shall indicate:

1. A categorization of the types of time/temperature control for safety foods that are specified in the menu such as soups and sauces, salads, and bulk, solid foods such as meat roasts, or of other foods that are specified by the commissioner;

2. A flow diagram by specific or category type identifying critical control points and providing information on the following:

(i) Ingredients, materials, and equipment used in the preparation of that food, and (ii) Formulations or recipes that delineate methods and procedural control measures that address the food safety concerns involved;

3. Food employee and supervisory training plan that addresses the food safety issues of concern;

4. A statement of standard operating procedures for the plan under consideration including clearly identifying:

(i) Each critical control point, (ii) The critical limits for each critical control point, (iii) The method and frequency for monitoring and controlling each critical control point by the food employee designated by the person in charge, (iv) The method and frequency for the person in charge to routinely verify that the food employee is following standard operating procedures and monitoring critical control points, (v) Action to be taken by the person in charge if the critical limits for each critical control point are not met, and (vi) Records to be maintained by the person in charge to demonstrate that the HACCP plan is properly operated and managed; and 5. Additional scientific data or other information, as required by the commissioner, supporting the determination that food safety is not compromised by the proposal.

(e) Preoperational Inspections. The commissioner may conduct one or more preoperational inspections to verify that the food establishment is constructed and equipped in accordance with the approved plans and approved modifications of those plans, has established standard operating procedures as specified under 0080-04-09- .08(2)(b)5., and is in compliance with law and this chapter.

(3) Permit to Operate.

(a) Prerequisite for Operation. A person shall not operate a food establishment without a valid permit to operate issued by the commissioner.

(b) Submission 30 Calendar Days Before Proposed Opening. An applicant shall submit an application for a permit at least 30 calendar days before the date planned for opening a food establishment or the expiration date of the current permit for an existing facility. An applicant for licensure under this chapter shall remit its application and annual license fee to the department on or before July 1 of each year. All licenses issued under this

chapter shall expire on June 30 following their issuance. If an applicant for renewal fails to remit payment of the license fee on or before July 16 of the licensure year for which renewal is sought, the applicant shall also be required to pay a late charge assessed under T.C.A. § 43-1-703 prior to renewal of the applicant’s license.

(c) Form of Submission. A person desiring to operate a food establishment shall submit to the commissioner a written application for a permit on a form provided by the commissioner, which shall be completed in full. The department may deny any application for licensure that is not completed in accordance with this rule.

(d) To qualify for a permit, an applicant shall:

1. Be an owner of the food establishment or an officer of the legal ownership;

2. Comply with the requirements of this chapter;

3. As specified under 0080-04-09-.08(4)(b)1., agree to allow access to the food establishment and to provide required information; and 4. Include with their application payment of an annual license fee as appropriate for the following categories of licenses. Food establishment license fees are determined in accordance with the degree of risk the establishment poses for outbreak of food borne illness. This determination is made by the department based on the nature of the establishment’s operations. Fees designated under this rule shall be assessed as follows and in accordance with T.C.A. § 43-1- 703(f) as it may be amended from time to time:

(i) Food Establishment License, Risk Level 1: Tier 7 license fee;

(ii) Food Establishment License, Risk Level 2: Tier 4 license fee;

(iii) Food Establishment License, Risk Level 3: Tier 2 license fee.

(e) Contents of the Application. The application shall include:

1. Name of the applicant;

2. Proof of the applicant’s registration in its state of incorporation, registration with the Tennessee Department of Revenue, or business license issued by a local governmental authority;

3. Contact information for applicant, to include name of person legally responsible for applicant’s operations, telephone number, email address, address of the principal place of business, and address of the establishment to be licensed;

4. Name and address of applicant’s registered agent for service of process, if any;

5. A statement specifying whether the food establishment:

(i) Is mobile or stationary and temporary or permanent, and (ii) Is an operation that includes one or more of the following:

(I) Prepares, offers for sale, or serves time/temperature control for safety food:

I. Only to order upon a consumer’s request, II. In advance in quantities based on projected consumer demand and discards food that is not sold or served at an approved frequency, or III. Using time as the public health control as specified under 0080-04-09-.03(5)(a)9., (II) Prepares time/temperature control for safety food in advance using a food preparation method that involves two or more steps, which may include combining time/temperature control for safety food ingredients; cooking; cooling; reheating; hot or cold holding; freezing; or thawing, (III) Prepares food as specified under item 5.(ii)(II) of this subparagraph for delivery to and consumption at a location off the premises of the food establishment where it is prepared, (IV) Prepares only food that is not time/temperature control for safety food, or (V) Does not prepare, but offers for sale only prepackaged food that is not time/temperature control for safety food;

6. A statement signed by the applicant that attests to the accuracy of the information provided in the application;

7. Licensees shall notify the department in writing of any changes to the information or contents of an application within 30 days after the change takes place;

8. Other information required by the commissioner.

(f) New, Converted, or Remodeled Establishments. For food establishments that are required to submit plans as specified under 0080-04-09-.08(2)(a), the commissioner shall issue a permit to the applicant after:

1. A properly completed application is submitted;

2. The required fee is submitted;

3. The required plans, specifications, and information are reviewed and approved; and 4. A preoperational inspection as specified in 0080-04-09-.08(2)(e) shows that the establishment is built or remodeled in accordance with the approved plans and specifications and that the establishment is in compliance with this chapter.

(g) Existing Establishments and Change of Ownership. As applicable, the commissioner may issue a permit to a new owner of an existing food establishment after an application is submitted, reviewed, and approved, and an inspection shows that the establishment is in compliance with this chapter. Persons licensed under this chapter shall be responsible for permitted facilities until: the applicable license expires, the department receives written notification from the licensee of a change in ownership for the licensed establishment, or the department receives written notification from the licensee desiring to terminate the license. The department shall not refund license fees for early termination of any license under this chapter.

(h) Responsibilities of the Permit Holder. Upon acceptance of the permit issued by the commissioner, the permit holder in order to retain the permit shall:

1. Comply with the provisions of this chapter including the conditions of a granted variance as specified under 0080-04-09-.08(1)(c)3., and approved plans as specified under 0080-04-09-.08(2)(b);

2. If a food establishment is required under 0080-04-09-.08(2)(c) to operate under a HACCP plan, comply with the plan as specified under 0080-04-09-.08(1)(c)3.;

3. Immediately contact the commissioner to report an illness of a food employee or conditional employee as specified under 0080-04-09-.02(2)(a)2.;

4. Immediately discontinue operations and notify the commissioner if an imminent health hazard may exist as specified under 0080-04-09-.08(4)(d)1.;

5. Allow representatives of the commissioner access to the food establishment as specified under 0080-04-09-.08(4)(b)1.;

6. Replace existing facilities and equipment specified in 0080-04-09-.08(1)(a) with facilities and equipment that comply with this chapter if:

(i) The commissioner directs the replacement because the facilities and equipment constitute a public health hazard or nuisance or no longer comply with the criteria upon which the facilities and equipment were accepted, (ii) The commissioner directs the replacement of the facilities and equipment because of a change of ownership, or (iii) The facilities and equipment are replaced in the normal course of operation;

7. Comply with directives of the commissioner including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives issued by the commissioner in regard to the permit holder’s food establishment or in response to community emergencies;

8. Accept notices issued and served by the commissioner according to law; and 9. Be subject to the administrative, civil, injunctive, and criminal remedies authorized in law for failure to comply with this chapter or a directive of the commissioner, including time frames for corrective actions specified in inspection reports, notices, orders, warnings, and other directives.

(4) Inspection and Correction of Violations.

(a) Frequency.

1. Establishing Inspection Interval. Except as specified in parts 2. and 3. of this subparagraph, the commissioner may inspect a food establishment at least once every six months.

2. The commissioner may increase the interval between inspections beyond six months if:

(i) The food establishment is fully operating under an approved and validated HACCP plan as specified under 0080-04-09-.08(2)(d) and 0080-04-09- .08(1)(c)3.(i) and (ii);

(ii) The food establishment is assigned a less frequent inspection frequency based on a written risk-based inspection schedule that is being uniformly applied throughout the jurisdiction and at least once every six months the establishment is contacted by telephone or other means by the commissioner to ensure that the establishment manager and the nature of food operation are not changed, or (iii) The establishment’s operation involves only coffee service and other unpackaged or prepackaged food that is not time/temperature control for safety food such as carbonated beverages and snack food such as chips, nuts, popcorn, and pretzels.

3. The commissioner may periodically inspect throughout its permit period a temporary food establishment that prepares, sells, or services unpackaged time/temperature control for safety food and that:

(i) Has improvised rather than permanent facilities or equipment for accomplishing functions such as handwashing, food preparation and protection, food temperature control, warewashing, providing drinking water, waste retention and disposal, and insect and rodent control; or (ii) Has inexperienced food employees.

4. Performance and Risk-Based. Within the parameters specified in subparagraph (a) of this paragraph, the commissioner shall prioritize and conduct more frequent inspections based upon its assessment of a food establishment’s history of compliance with this chapter and the establishment’s potential as a vector of foodborne illness by evaluating:

(i) Past performance, for nonconformance with this chapter or HACCP plan requirements that are priority items or priority foundation items;

(ii) Past performance, for numerous or repeat violations of this chapter or HACCP plan requirements that are core items;

(iii) Past performance, for complaints investigated and found to be valid;

(iv) The hazards associated with the particular foods that are prepared, stored, or served;

(v) The type of operation including the methods and extent of food storage, preparation, and service;

(vi) The number of people served; and (vii) Whether the population served is a highly susceptible population.

(b) Access.

1. Allowed at Reasonable Times after Due Notice. After the commissioner presents official credentials and provides notice of the purpose of, and an intent to conduct, an inspection, the person in charge shall allow the commissioner to determine if the food establishment is in compliance with this chapter by allowing access to the establishment, allowing inspection, and providing information and records specified in this chapter and to which the commissioner is entitled according to law, during the food establishment’s hours of operation and other reasonable times.

2. Refusal, Notification of Right to Access, and Final Request for Access. If a person denies access to the commissioner, the commissioner shall inform the person that:

(i) The permit holder shall allow access to the commissioner as specified under 0080-04-09-.08(4)(b)1.;

(ii) Access is a condition of the acceptance and retention of a food establishment permit to operate as specified under 0080-04-09-.08(3)(i)5.;

(iii) If access is denied, an administrative warrant may be obtained according to law; and (iv) A final request for access will be made.

3. Refusal, Reporting. If after the commissioner presents credentials and provides notice as specified under 0080-04-09-.08(4)(c)1., explains the authority upon which access is requested, and makes a final request for access as specified in 0080-04-09-.08(4)(b)2., the person in charge continues to refuse access, the commissioner shall provide details of the denial of access on an inspection report form.

(c) Report of Findings.

1. Documenting Information and Observations. The commissionershall document on an inspection report form:

(i) Administrative information about the food establishment’s legal identity, street and mailing addresses, type of establishment and operation as specified under 0080-04-09-.08(3)(e)3., inspection date, and other information such as type of water supply and sewage disposal, status of the permit, and personnel certificates that may be required; and (ii) Specific factual observations of violative conditions or other deviations from this chapter that require correction by the permit holder including:

(I) Failure of the person in charge to demonstrate the knowledge of foodborne illness prevention, application of HACCP principles, and the requirements of this chapter as specified under 0080-04-09- .02(1)(b), (II) Failure of food employees, conditional employees, and the person in charge to report a disease or medical condition as specified under 0080-04-09-.02(2)(a)2. and 4., (III) Nonconformance with priority items or priority foundation items of this chapter, (IV) Failure of the appropriate food employees to demonstrate their knowledge of, and ability to perform in accordance with, the procedural, monitoring, verification, and corrective action practices required by the commissioner as specified under 0080-04-09- .08(1)(c)3., (V) Failure of the person in charge to provide records required by the commissioner for determining conformance with a HACCP plan as specified under 0080-04-09-.08(2)(d)4.(vi), and (VI) Nonconformance with critical limits of a HACCP plan.

2. Specifying Time Frame for Corrections. The commissioner shall specify on the inspection report form the time frame for correction of the violations as specified under 0080-04-09-.08(4)(d) and 0080-04-09-.08(4)(e)1.

3. Issuing Report and Obtaining Acknowledgment of Receipt. At the conclusion of the inspection and according to law, the commissioner shall provide a copy of the completed inspection report and the notice to correct violations to the permit holder or to the person in charge, and request a signed acknowledgment of receipt.

4. Refusal to Sign Acknowledgment. The commissioner shall:

(i) Inform a person who declines to sign an acknowledgment of receipt of inspectional findings as specified in 0080-04-09-.08(4)(c)3. that:

(I) An acknowledgment of receipt is not an agreement with findings, (II) Refusal to sign an acknowledgment of receipt will not affect the permit holder’s obligation to correct the violations noted in the inspection report within the time frames specified, and (III) A refusal to sign an acknowledgment of receipt is noted in the inspection report and conveyed to the commissioner’s historical record for the food establishment; and (ii) Make a final request that the person in charge sign an acknowledgment receipt of inspectional findings.

(d) Imminent Health Hazard.

1. Ceasing Operations and Reporting.

(i) Except as specified in subpart (ii) of this part, a permit holder shall immediately discontinue operations and notify the regulatory authority if an imminent health hazard may exist because of an emergency such as a fire, flood, extended interruption of electrical or water service, sewage backup, misuse of poisonous or toxic materials, onset of an apparent foodborne illness outbreak, gross insanitary occurrence or condition, or other circumstance that may endanger public health.

(ii) A permit holder need not discontinue operations in an area of an establishment that is unaffected by the imminent health hazard.

2. Resumption of Operations. If operations are discontinued as specified under part (d)1. of this paragraph or otherwise according to law, the permit holder shall obtain approval from the commissioner before resuming operations.

(e) Violation of Priority Item or Priority Foundation Item.

1. Timely Correction.

(i) Except as specified in subpart (ii) of this part, a permit holder shall at the time of inspection correct a violation of a priority item or priority foundation item of this chapter and implement corrective actions for a HACCP plan provision that is not in compliance with its critical limit.

(ii) Considering the nature of the potential hazard involved and the complexity of the corrective action needed, the commissioner may agree to or specify a longer time frame, not to exceed 10 calendar days after the inspection, for the permit holder to correct violations of a priority item or priority foundation item or HACCP plan deviations.

2. Verification and Documentation of Correction.

(i) After observing at the time of inspection a correction of a violation of a priority item or priority foundation item or a HACCP plan deviation, the commissioner shall enter the violation and information about the corrective action on the inspection report.

(ii) As specified under 0080-04-09-.08(4)(e)1.(ii), after receiving notification that the permit holder has corrected a violation of a priority item or priority foundation item or HACCP plan deviation, or at the end of the specified period of time, the commissioner may verify correction of the violation.

(f) Core Violation.

1. Except as specified in part 2. of this subparagraph, the permit holder shall correct core items by a date and time agreed to or specified by the commissioner but no later than 90 calendar days after the inspection.

2. The commissioner may approve a compliance schedule that extends beyond the time limits specified under part 1. of this subparagraph if a written schedule of compliance is submitted by the permit holder and no health hazard exists or will result from allowing an extended schedule for compliance.

History

• Authority: T.C.A. §§ 4-3-203 and 53-8-204.
• Administrative History: Original rule filed March 27, 2015; effective June 25, 2015. Amendments filed December 23, 2015; effective March 22, 2016. Amendment filed March 30, 2017; effective June 28, 2017.

Chapter 0080-04-10 Repealed

Tenn. Comp. R. & Regs. 0080-04-10-.01 REPEALED

History

• Authority: T.C.A. § 53-1-207.
• Administrative History: Original rule filed May 27, 1994; effective September 28, 1994. Repeal filed December 23, 2015; effective March 22, 2016.

Tenn. Comp. R. & Regs. 0080-04-10-.02 REPEALED

History

• Authority: T.C.A. § 4-3-203, 53-1-104 and 53-1-207.
• Administrative History: Original rule filed May 2 7, 1994; effective September 28, 1994. Amendment filed May 17, 2011; effective October 29, 2011. Repeal filed December 23, 2015; effective March 22, 2016.

Chapter 0080-04-11 Repealed

Tenn. Comp. R. & Regs. 0080-04-11-.01 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 53-1-207.
• Administrative History: Original rule filed September 29, 2006; effective January 27, 2007. Repeal filed October 17, 2017; effective January 15, 2018.

Tenn. Comp. R. & Regs. 0080-04-11-.08 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 53-1-207.
• Administrative History: Original rule filed September 29, 2006; effective January 27, 2007. Repeal filed October 17, 2017; effective January 15, 2018.

Tenn. Comp. R. & Regs. 0080-04-11-.02 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 53-1-207.
• Administrative History: Original rule filed September 29, 2006; effective January 27, 2007. Repeal filed October 17, 2017; effective January 15, 2018.

Tenn. Comp. R. & Regs. 0080-04-11-.03 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 53-1-207.
• Administrative History: Original rule filed September 29, 2006; effective January 27, 2007. Repeal filed October 17, 2017; effective January 15, 2018.

Tenn. Comp. R. & Regs. 0080-04-11-.04 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 53-1-207, and 53-1-208.
• Administrative History: Original rule filed September 29, 2006; effective January 27, 2007. Repeal filed October 17, 2017; effective January 15, 2018.

Tenn. Comp. R. & Regs. 0080-04-11-.05 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 53-1-207.
• Administrative History: Original rule filed September 29, 2006; effective January 27, 2007. Repeal filed October 17, 2017; effective January 15, 2018.

Tenn. Comp. R. & Regs. 0080-04-11-.06 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 53-1-207.
• Administrative History: Original rule filed September 29, 2006; effective January 27, 2007. Repeal filed October 17, 2017; effective January 15, 2018.

Tenn. Comp. R. & Regs. 0080-04-11-.07 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 53-1-207, and 53-1-208.
• Administrative History: Original rule filed September 29, 2006; effective January 27, 2007. Repeal filed October 17, 2017; effective January 15, 2018.

Chapter 0080-04-12 Standards of Identity - Honey

Tenn. Comp. R. & Regs. 0080-04-12-.02 DEFINITIONS

(1) “Honey” means the natural food product resulting from the harvest of nectar by honeybees and the natural activities of the honeybees in processing nectar. It consists essentially of different sugars, predominantly fructose and glucose as well as other substances such as organic acids, enzymes and solid particles derived from honey collection. The color of honey can vary from nearly colorless to dark brown. The consistency can be fluid, viscous or partially to completely crystallized. The flavor and aroma vary, but are derived from the plant’s origin.

(2) “Blossom Honey” or “Nectar Honey” is the honey which comes from nectars of plants.

(3) “Honeydew Honey” is the honey which comes mainly from excretions of plant sucking insects (Hemiptera) on the living parts of plants or secretions of living parts of plants.

History

• Authority: T.C.A. § 53-1-205.
• Administrative History: Original rule filed March 24, 2015; effective June 22, 2015.

Tenn. Comp. R. & Regs. 0080-04-12-.03 ESSENTIAL COMPOSITION AND QUALITY FACTORS

(1) A product sold or offered for sale as honey shall not have added to it any food additives, as defined in T.C.A. § 53-1-102(15), nor shall any other additions be made other than honey. It shall not have begun to ferment or effervesce and no pollen or constituent unique to honey may be removed except where unavoidable in the removal of foreign matter. Honey shall not be heated or processed to such an extent that its essential composition is changed or its quality is impaired. Chemical or biochemical treatments shall not be used to influence honey crystallization.

(2) Moisture Content – No water may be added to honey in the course of extraction or packing for sale or resale as honey. Honey shall not have a moisture content exceeding 20%.

June, 2015 2 (3) Sugars Content.

(a) The ratio of fructose to glucose shall be greater than 0.9.

(b) Fructose and Glucose (Sum of Both) shall not be less than 60g/100g.

(c) The Maltose content shall not exceed 10%.

(d) The sucrose content shall not be more than 5g/100g with the following exceptions:

1. Alfalfa (Medicago sativa), Citrus spp., False Acacia (Robinia pseudoacacia), French Honeysuckle (Hedysarum), Menzies Banksia (Banksia menziesii), Red Gum (Eucalyptus camaldulensis), Leatherwood (Eucryphia lucida), Eucryphia milligani – not more than 10g/100g.

2. Lavender (Lavandula spp) and Borage (Borago officinalis) – not more than 15g/100g.

(e) There shall be no oligosaccharides indicative of invert syrup.

(4) The absolute value of Carbon Stable Isotope Ratio Analysis (CSIRA) shall be more negative than -20.0.

(5) CSIRA Internal Standard Procedure with a protein value minus honey value shall not be more negative than -1.0.

History

• Authority: T.C.A. § 53-1-205.
• Administrative History: Original rule filed March 24, 2015; effective June 22, 2015.

Tenn. Comp. R. & Regs. 0080-04-12-.04 LABELING

(1) Products conforming to the standard of identity as adopted in this rule shall be designated “honey”. Foods containing honey and any flavoring, spice or other added ingredient or if honey is processed in such a way that a modification to honey occurs that materially changes the flavor, color, viscosity or other material characteristics of pure honey, then such foods shall be distinguished in the food name from honey by declaration of the food additive or modification.

(2) Honey may be designated according to floral or plant source if it comes predominately from that particular source and has the organoleptic, physicochemical and microscopic properties corresponding with that origin.

(3) Where honey has been designated according to floral or plant source paragraph (2), then the common name or the botanical name of the floral source shall be used in conjunction with or joined with the word “honey”.

(4) Honey may be designated by the name of the geographical or topographical region if the honey was produced exclusively within the area referred to in the designation.

(5) The styles of honey identified in subparagraphs (6)(b) and (c) shall be declared on packaging labeling as “Comb Honey”, “Cut Comb in Honey”, “Honey with Comb” or “Chunk Honey” as appropriate.

(6) Honey may be designated according to the following styles:

June, 2015 3 (a) “Honey” which is honey in liquid or crystalline state or a mixture of the two;

(b) “Comb Honey” which is honey stored by bees in the cells of freshly built broodless combs and which is sold in sealed whole combs or sections of such combs;

(c) “Cut Comb in Honey”, “Honey with Comb” or “Chunk Honey” which is honey containing one or more pieces of comb honey.

History

• Authority: T.C.A. § 53-1-205.
• Administrative History: Original rule filed March 24, 2015; effective June, 22, 2015.

Chapter 0080-04-13 Food Manufacturers and Warehouses

Tenn. Comp. R. & Regs. 0080-04-13-.02 DEFINITIONS

(1) Terms in this chapter share those meanings of terms set forth in the Tennessee Food, Drug and Cosmetic Act, T.C.A. §§ 53-1-101, et seq.

(2) When used in this chapter, unless the context requires otherwise:

(a) Act means the Tennessee Food, Drug and Cosmetic Act, compile d at T.C.A. §§ 53- 1-101, et seq.;

(b) Commercial kitchen means a self-contained food manufacturer that is used only to manufacture, process, or pack food in commerce and is not located within a residence;

(c) Community or shared kitchen means a commercial kitchen used by multiple persons to manufacture, process, or pack food in commerce;

(d) Dietary supplement, food supplement, or words of similar import mean a product taken by mouth that contains a dietary ingredient; is intended to supplement the diet; and is not intended for use as a drug under the Act;

(e) Dietary ingredient means one or more of the following components when used in a dietary supplement: vitamins, minerals, herbs or other botanicals, amino acids, enzymes, tissues from organs or glands, concentrates, metabolites, constituents; extracts;

(f) Food means those articles as defined under the Act and includes dietary supplements;

(g) Hemp-derived cannabinoid has the same meaning as provided under T.C.A. § 43-27- 202; and, (h) Potentially hazardous food has the same meaning as T.C.A. § 53-1-104(1)(D).

History

• Authority: T.C.A. §§ 4-3-203 and 53-1-202.
• Administrative History: Original rule filed December 23, 2015; effective March 22, 2016. Amendments filed April 2, 2020; effective July 1, 2020. Emergency rules filed June 28, 2024; effective through December 25, 2024. Amendments filed September 27, 2024; effective December 26, 2024.

Tenn. Comp. R. & Regs. 0080-04-13-.03 LICENSE APPLICATION AND FEES

(1) All persons to whom these rules apply shall obtain a license in accordance with the Tennessee Food, Drug and Cosmetic Act and this chapter.

(2) Application for issuance of any license under this chapter shall be made on forms provided by the department, which shall be completed in full and shall include:

(a) Name of the applicant;

(b) Proof of the applicant’s registration in its state of incorporation or business license issued by a local governmental authority;

(c) Contact information for applicant, to include name of person legally responsible for applicant’s operations, telephone number, email address, address of the principal place of business, and address of the facility to be licensed;

(d) Name and address of applicant’s registered agent for service of process, if any.

(3) Licensees shall notify the department in writing of any changes to the information or contents of an application within 30 days after the change takes place.

(4) Applicants for licensure shall include with their application payment of an annual license fee as appropriate for the following categories of licenses. Fees designated under this rule shall be assessed in accordance with T.C.A. § 43-1-703(f) as it may be amended from time to time.

(a) Food Manufacturer License. A food manufacturer lic ense is required per person and per facility for any kitchen, factory or establishment in the state where food is manufactured, processed, or packed for introduction into commerce. Food manufacturer license fees are determined in accordance with the size of the manufacturer’s facilit y and the degree of risk the manufacturer poses for outbreak of food borne illness. An establis hment greater than 10,000 square feet must obtain a Large Facility license. An establishment equal to or smaller than 10,000 square feet must obtain a Small Facility lic ense. Determination of a manufacturer’s risk for outbreak of food borne illness is made by the department based on the nature of the manufacturer’s operations. Fees applic able for a food manufacturer lic ense are as follo ws:

1. Food Manufacturer License, Large Facility – Risk Level 1: Tier 11 license fee;

2. Food Manufacturer License, Small Facility – Risk Level 1: Tier 10 license fee;

3. Food Manufacturer License, Large Facility – Risk Level 2: Tier 7 license fee;

4. Food Manufacturer License, Small Facility – Risk Level 2: Tier 5 license fee;

5. Food Manufacturer License, Large Facility – Risk Level 3: Tier 3 license fee;

6. Food Manufacturer License, Small Facility – Risk Level 3: Tier 2 license fee.

(b) Food Warehouse License. A food warehouse license is required for any warehouse or establishment in the state where food is held for introduction into commerce. A food warehouse license is not required for any establishment licensed as a food manufacturer under this chapter or as a food establishment under R. 0080-04-09. Food warehouse license fees are determined in accordance with the degree of risk the warehouse poses for outbreak of food borne illness. This determination is made by the department based on the nature of the warehouse’s operations. Fees applicable for a food warehouse license are as follows:

1. Food Warehouse License, Risk Level 1: Tier 11 license fee;

2. Food Warehouse License, Risk Level 2: Tier 7 license fee;

3. Food Warehouse License, Risk Level 3: Tier 3 license fee.

(5) An applicant for licensure under this chapter shall remit its application and annual license fee to the department on or before July 1 of each year. All licenses issued under this chapter shall expire on June 30 following their issuance. If an applicant for renewal fails to remit payment of the license fee on or before July 16 of the licensure year for which renewal is sought, the applicant shall also be required to pay a late charge assessed under T.C.A. § 43- 1-703 prior to renewal of the applicant’s license.

(6) The department may deny any application for licensure that is not completed in accordance with this rule.

History

• Authority: T.C.A. §§ 4-3-203, 43-1-703, 53-1-207, and 53-1-208.
• Administrative History: Original rule filed December 23, 2015; effective March 22, 2016. Amendments filed March 30, 2017; effective June 28, 2017. Amendments filed April 2, 2020; effective July 1, 2020.

Tenn. Comp. R. & Regs. 0080-04-13-.04 CERTIFICATES OF FREE SALE

The fee for a Certificate of Free Sale is a Tier 2 fee under T.C.A. § 43-1-703(f). No certificate of free sale shall be issued prior to receipt of the certificate fee.

History

• Authority: T.C.A. §§ 4-3-203, 43-1-703, 53-1-207, and 53-1-208.
• Administrative History: Original rule filed December 23, 2015; effective March 22, 2016.

Tenn. Comp. R. & Regs. 0080-04-13-.05 STANDARDS FOR MANUFACTURING AND PROCESSING

(1) Acidified Foods. The department adopts by reference, as if fully stated herein, the federal standards for acidified foods, compiled at 21 C.F.R. 108.25 and 21 C.F.R. 114, as either

section or part may be amended from time to time.

(2) Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food. The department adopts by reference, as if fully stated herein, the federal standards for good manufacturing, hazard analysis, and risk-based preventive controls, compiled at 21 C.F.R. 117, subparts A and B, as either subpart may be amended from time to time.

(3) Current Good Manufacturing Practice in Manufacturing, Packaging, Labeling, or Holding Operations for Dietary Supplements. The department adopts by reference, as if fully stated herein, the federal standards for good practice in manufacturing, packaging, labeling, or holding dietary supplements, compiled at 21 C.F.R. 111, as the part may be amended from time to time.

(4) Fish and Fishery Products. The department adopts by reference, as if fully stated herein, the federal standards for fish and fishery products, compiled at 21 C.F.R. 123, subparts A and C, as either subpart may be amended from time to time.

(5) Thermally Processed Low-Acid Foods Packaged in Hermetically Sealed Containers. The department adopts by reference, as if fully stated herein, the federal standards for hermetically sealed low-acid foods, compiled at 21 C.F.R. 108.35 and 21 C.F.R. 113, as either section or part may be amended from time to time.

(6) Hemp. In addition to requirements under this chapter of rules, any person who manufactures, processes, packs, holds, or transports for introduction in commerce any food product labeled to contain or containing a hemp-derived cannabinoid shall also comply with regulations under Tenn. R. & Regs. 0080-10-02.

History

• Authority: T.C.A. §§ 4-3-203 and 53-1-202.
• Administrative History: Original rule filed December 23, 2015; effective March 22, 2016. Emergency rules filed June 28, 2024; effective through December 25, 2024. Amendments filed September 27, 2024; effective December 26, 2024.

Tenn. Comp. R. & Regs. 0080-04-13-.07 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 53-1-207.
• Administrative History: Original rule filed December 23, 2015; effective March 22, 2016. Repeal filed March 30, 2017; effective June 28, 2017.

Chapter 0080-04-14 Meat and Poultry Processors

Tenn. Comp. R. & Regs. 0080-04-14-.02 DEFINITIONS

Unless the context requires otherwise, terms in this chapter share those meanings of terms set forth in the Tennessee Meat and Poultry Inspection Act, T.C.A. § 53-7-201, et seq.

History

• Authority: T.C.A. §§ 4-3-203 and 53-1-213.
• Administrative History: Original rule filed December 23, 2015; effective March 22, 2016.

Tenn. Comp. R. & Regs. 0080-04-14-.03 LICENSE APPLICATION AND FEES

(1) All persons to whom these rules apply shall obtain a license in accordance with the Tennessee Meat and Poultry Inspection Act and this chapter.

(2) Application for issuance of any license under this chapter shall be made on forms provided by the department, which shall be completed in full and shall include:

(a) Name of the applicant;

(b) Proof of the applicant’s registration in its state of incorporation, registration with the Tennessee Department of Revenue, or business license issued by a local governmental authority;

(c) Contact information for applicant, to include name of person legally responsible for applicant’s operations, telephone number, email address, address of the principal place of business, and address of the facility to be licensed;

(d) Name and address of applicant’s registered agent for service of process, if any.

(3) Licensees shall notify the department in writing of any changes to the information or contents of an application within 30 days after the change takes place.

(4) Applicants for licensure shall include with their application payment of an annual license fee as appropriate for the following categories of licenses.

(a) Slaughter Establishments, Meat Processing Establishments, and Poultry Eviscerating and Processing Plants. No annual fee is required for those licenses and inspections designated under T.C.A. § 53-7-219.

(b) Custom Slaughter Facility License. A custom slaughter facility license is required for any facility in the state engaged in the business of slaughtering or dressing animals for human consumption that are not to be sold or offered for sale. The fee for a Custom Slaughter Facility License is a Tier 3 fee under T.C.A. § 43-1-703(f).

(5) An applicant for licensure under this chapter shall remit its application and annual license fee to the department on or before July 1 of each year. All licenses issued under this chapter shall expire on June 30 following their issuance. If an applicant for renewal fails to remit payment of the license fee on or before July 16 of the licensure year for which renewal is sought, the applicant shall also be required to pay a late charge assessed under T.C.A. § 43- 1-703 prior to renewal of the applicant’s license.

(6) The department may deny any application for licensure that is not completed in accordance with this rule.

History

• Authority: T.C.A. §§ 4-3-203, 43-1-703, 53-7-213, and 53-7-216.
• Administrative History: Original rule filed December 23, 2015; effective March 22, 2016. Amendments filed March 30, 2017; effective June 28, 2017.

Tenn. Comp. R. & Regs. 0080-04-14-.04 STANDARDS FOR PROCESSING

Current Good Manufacturing Practice, Hazard Analysis, and Risk-Based Preventive Controls for Human Food. The department adopts by reference, as if fully stated herein, the federal standards for good manufacturing, hazard analysis, and risk-based preventive controls, compiled at 21 C.F.R. 117, subparts A and B, as either subpart may be amended from time to time.

History

• Authority: T.C.A. §§ 4-3-203, 53-1-207, and 53-7-213.
• Administrative History: Original rule filed December 23, 2015; effective March 22, 2016.

Tenn. Comp. R. & Regs. 0080-04-14-.06 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 53-7-213.
• Administrative History: Original rule filed December 23, 2015; effective March 22, 2016. Repeal filed March 30, 2017; effective June 28, 2017.

Chapter 0080-04-15 Produce

Tenn. Comp. R. & Regs. 0080-04-15-.01 PRODUCE SAFETY

The department adopts by reference, as if fully stated herein, the substantive provisions of the Standards for the Growing, Harvesting, Packing, and Holding of Produce for Human Consumption, compiled at 21 C.F.R. part 112, as may be amended from time to time.

History

• Authority: T.C.A. §§ 4-3-203 and 53-1-302.
• Administrative History: Original rule filed November 14, 2019; effective February 12, 2020. .

Chapter 0080-05-01 Repealed

Tenn. Comp. R. & Regs. 0080-05-01 Repealed

RULES

OF TENNESSEE DEPARTMENT OF AGRICULTURE

DIVISION OF QUALITY AND STANDARDS

Authority: T.C.A. § 47-26-207. Administrative History: Original rule certified June 5, 1974. Repealed by Public Chapter 261; effective July 1, 1983. Repeal and new rule filed June 20, 1983; effective September 14, 1983. Repeal and new rule filed January 23, 1995; effective April 8, 1995. Repeal filed March 23, 2016; effective June 21, 2016.

Chapter 0080-05-02 Repealed

Tenn. Comp. R. & Regs. 0080-05-02-.01 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-19-101, and 43-2131.
• Administrative History: Original rule certified June 5, 1974. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-05-02-.03 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-19-101, and 43-2131.
• Administrative History: Original rule certified June 5, 1974. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-05-02-.02 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-19-101, and 43-2131.
• Administrative History: Original rule certified June 5, 1974. Repeal filed June 25, 2021; effective September 23, 2021.

Chapter 0080-05-03 Regulations Licensing and Regulating the Sale of Baby Chicks

Tenn. Comp. R. & Regs. 0080-05-03-.01 FACILITIES FOR THE CARE OF BABY CHICKS

(1)The Poultry Industry is an important phase of Tennessee Agriculture. The welfare of said industry is governed by the production and sale of baby chicks and may be affected by the practice used in producing and selling of same. For the protection of both producer and purchaser, certain regulations are deemed necessary.

(2)In conformity with Section 6 of the above described Act the following regulation is hereby promulgated:

(a)ITEM 2, SECTION 4 reads: 1.“Provide ample facilities for the proper care and handling of baby chicks on the premises.” 2.In order to conform to said provision the following standards, relative to facilities and their use, are hereby established: Eight square inches of battery brooder floor space per baby chick for the first week; ten square inches of battery brooder floor space per baby chick for the second week; double this space per baby chick for each additional two weeks. All baby chicks must be placed in brooders, fed and watered as soon as they are sixty hours old.

(b)In order to conform to ITEM 4 of SECTION 4 the following shall be required: 1.Label all containers holding twenty-five or more baby chicks when sold, offered for sale, or consigned from one owner and location to another, with the following: 2.Number of baby chicks; breed and variety; date hatched; hour hatched, whether or not parent stock has been tested for pullorum disease; cockerels, pullets, or straight run; name and address of producer; name and address of seller.

History

• Authority: T.C.A. §44-1808.
• Administrative History: Original Rule certified June 5, 1974.

Chapter 0080-05-04 Repealed

Tenn. Comp. R. & Regs. 0080-05-04-.01 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 52-206.
• Administrative History: Original rule certified June 5, 1974. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-05-04-.21 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 52-206.
• Administrative History: Original rule certified June 5, 1974. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-05-04-.02 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 52-206.
• Administrative History: Original rule certified June 5, 1974. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-05-04-.03 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 52-206.
• Administrative History: Original rule certified June 5, 1974. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-05-04-.04 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 52-206.
• Administrative History: Original rule certified June 5, 1974. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-05-04-.05 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 52-206.
• Administrative History: Original rule certified June 5, 1974. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-05-04-.06 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 52-206.
• Administrative History: Original rule certified June 5, 1974. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-05-04-.07 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 52-206.
• Administrative History: Original rule certified June 5, 1974. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-05-04-.08 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 52-206.
• Administrative History: Original rule certified June 5, 1974. Repeal filed June 25, 2021; effective September 23, 2021. REPEALED CHAPTER-0080-05-04

Tenn. Comp. R. & Regs. 0080-05-04-.09 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 52-206.
• Administrative History: Original rule certified June 5, 1974. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-05-04-.10 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 52-206.
• Administrative History: Original rule certified June 5, 1974. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-05-04-.11 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 52-206.
• Administrative History: Original rule certified June 5, 1974. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-05-04-.12 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 52-206.
• Administrative History: Original rule certified June 5, 1974. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-05-04-.13 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 52-206.
• Administrative History: Original rule certified June 5, 1974. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-05-04-.14 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 52-206.
• Administrative History: Original rule certified June 5, 1974. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-05-04-.15 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 52-206.
• Administrative History: Original rule certified June 5, 1974. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-05-04-.16 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 52-206.
• Administrative History: Original rule certified June 5, 1974. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-05-04-.17 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 52-206.
• Administrative History: Original rule certified June 5, 1974. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-05-04-.18 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 52-206.
• Administrative History: Original rule certified June 5, 1974. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-05-04-.19 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 52-206.
• Administrative History: Original rule certified June 5, 1974. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-05-04-.20 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 52-206.
• Administrative History: Original rule certified June 5, 1974. Repeal filed June 25, 2021; effective September 23, 2021.

Chapter 0080-05-05 Commercial Feed

Tenn. Comp. R. & Regs. 0080-05-05-.01 DEFINITION AND TERMS

(1) The names and definitions for commercial feeds shall be the Official Definition of Feed Ingredients adopted by the Association of American Feed Control Officials, except as the Commissioner designates otherwise in specific cases.

(2) The terms used in reference to commercial feeds shall be the Official Feed Terms adopted by the Association of American Feed Control Officials, except as the Commissioner designates otherwise in specific cases.

(3) The following commodities are hereby declared exempt from the definition of commercial feed, under the provisions of Section 3(d) of the Act: hay, straw, stover, silage cobs, husks and hulls when unground and when not mixed or intermixed with other materials; Provided that these commodities are not adulterated within the meaning of 0080-05-06-.07(l) of the Act.

History

• Authority: T.C.A. § 44-1127.
• Administrative History: Original rule certified June 5, 1974.

Tenn. Comp. R. & Regs. 0080-05-05-.02 LABEL FORMAT

Commercial feeds shall be labeled with the information prescribed in this regulation on the principal display panel of the product and in following general format:

(a) Net Weight.

(b) Product name and brand name if any.

(c) If drugs are used:

1. The word “medicated” shall appear directly following and below the product name in type size no smaller than one half the type size of the product name.

2. The purpose of medication (claim statement.)

3. The required direction for use and precautionary statements or reference to their location if the detailed feeding directions and precautionary statements required by 0080-05-06-.06 and .07 of this regulation appear elsewhere on the label.

4. An active drug ingredient statement listing the active drug ingredients by their established name and the amounts in accordance with regulation 0080-05-06- .04(4).

(d) The guaranteed analysis of the feed as required under the provisions of Section 0080- 05-06-.05(l) of the Act include the following items, unless exempted in 0080-05-06-.05(l) and in the order listed:

1. Minimum percentage of crude protein.

2. Maximum percentage of equivalent protein from non-protein nitrogen as required in regulation 0080-05-06-.04(5).

3. Minimum percentage of crude fat.

4. Maximum percentage of crude fiber.

5. Minerals to include in the following order; (a.) minimum and maximum percentages of calcium (CA), (b) minimum percentages of phosphorus (P), (c) minimum and maximum percentages of salt (NACL) and (d) other minerals.

6. Vitamins in such terms as specified in regulation Section 0080-05-06-.04(3).

7. Total sugars as invert on dried molasses products or products being sold primarily for their molasses content.

8. EXEMPTIONS

(i) Guarantees for minerals are not required when there are no specific label claims and when the commercial feed contains less than 6 1/2% of mineral elements.

(ii) Guarantees for vitamins are not required when the commercial feed is neither formulated for nor represented in any manner as a vitamin supplement.

(iii) Guarantees for crude protein, crude fat and crude fiber are not required when the commercial feed is intended for purposes other than to furnish these substances or they are of minor significance relating to the primary

purpose of the product, such as drug premixes, mineral or vitamin supplements, and molasses.

(e) Feed ingredients, collective terms for the grouping of feed ingredients, or appropriate statements as provided under the provisions of Section 0080-05-06-.05(l) of the Act.

1. The name of each ingredient as defined in the Official Definitions of Feed Ingredients published in the Official Publication of the Association of American Feed Control Officials, common or usual name, or one approved by the Commissioner.

2. Collective terms for the grouping of feed ingredients as defined in the Official Definitions of Feed Ingredients published in the Official Publication of the Association of American Feed Control Officials in lieu of the individual ingredients; Provided that:

(i) When a collective term for a group of ingredients is used on the label, individual ingredients within that group shall not be listed on the label.

(ii) The manufacturer shall provide the feed control official, upon request, with a listing of individual ingredients within a defined group, that are or have been used at manufacturing facilities distributing in or into the state.

(f) Name and principal mailing address of the manufacturer or person responsible for distributing the feed. The principal mailing address shall include the street address, city, state, and zip code; however, the street address may be omitted if it is shown in the current city directory or telephone director.

(g) The information required in 0080-05-06-.05(a) of the Act must appear in its entirety on one side of the label or on one side of the container. The information required by 0080- 05-06-.05(l) and .06-.07 of the Act shall be displayed in a prominent place on the label or container but not necessarily on the same side as the above information. When the information required by 0080-05-06-.05(l) and .06-.07 is placed on a different side of the label or container, it must be referenced on the front side with a statement such as “See back of label for directions for use”. None of the information required by 0080-05-06-.05 of the Act shall be subordinated or obscured by other statements or designs.

History

• Authority: T.C.A. § 4-3-203, 44-1127, and 44-6-110.
• Administrative History: Original rule certified June 5, 1974. Amendments filed March 30, 2017; effective June 28, 2017.

Tenn. Comp. R. & Regs. 0080-05-05-.03 BRAND AND PRODUCT NAMES

(1) The brand or product name must be appropriate for the intended use of the feed and not be misleading. If the name indicates the feed is made for a specific use, the character must conform therewith. A mixture labeled “Dairy Feed”, for example, must be suitable for that

purpose.

(2) Commercial, registered brand or trade names are not permitted in guarantees or ingredient listings.

(3) The name of a commercial feed shall not be derived from one or more ingredients of a mixture to the exclusion of other ingredients and shall not be one representing any components of a mixture unless all components are included in the name: Provided, That if any ingredients or combination of ingredients is intended to impart a distinctive characteristic to the product which is of significance to the purchaser, the name of that ingredient or combination of ingredients may be used as a part of the brand name or product name if the ingredient or combination of ingredients is quantitatively guaranteed in the guaranteed analysis, and the brand or product name is not otherwise false or misleading.

(4) The word “protein” shall not be permitted in the product name of a feed that contains added non-protein nitrogen.

(5) When the name carries a percentage value, it shall be understood to signify protein and/or equivalent protein content only, even though it may not explicitly modify the percentage with the word “protein”: Provided, That other percentage values may be permitted if they are followed by the proper description and conform to good labeling practice. When a figure is used in the brand name (except in mineral, vitamin, or other products where the protein guarantee is nil or unimportant, it shall be preceded by the word “number” or some other suitable designation.

(6) Single ingredient feeds shall have a product name in accordance with the designated definition of feed ingredients as recognized by the Association of American Feed Control Officials unless the Commissioner designates otherwise.

(7) The word “vitamin” or a contraction thereof, or any word suggesting vitamin can be used only in the name of a feed which is represented to be a vitamin supplement, and which is labeled with the minimum content of each vitamin declared, as specified in 0080-05-06-.04(3).

(8) The term “mineralized” shall not be used in the name of a feed, except for “TRACE MINERALIZED SALT”. When so used, the product must contain significant amounts of trace minerals which are recognized as essential for animal nutrition.

(9) The term “meat” and “meat-by-products” shall be qualified to designate the animal from which the meat and meat by-products are derived unless the meat and meat by-products are from cattle, swine, sheep, and goats.

History

• Authority: T.C.A. § 44-1127.
• Administrative History: Original rule certified June 5, 1974.

Tenn. Comp. R. & Regs. 0080-05-05-.04 EXPRESSION OF GUARANTEES

(1) The guarantees for crude protein, equivalent protein from non-protein nitrogen, crude fat, crude fiber, and mineral guarantees (when required) will be in terms of percentage of weight.

(2) Commercial feeds containing 6 1/2% or more mineral elements shall include in the guaranteed analysis the minimum and maximum percentages of calcium (CA), the minimum percentage of phosphorus (P), and if salt is added, the minimum and maximum percentage of salt (NACL). Minerals, except salt (NACL) shall be guaranteed in terms of percentage of the element. When calcium and/or salt guarantees are given in the guaranteed analysis such shall be stated and conform to the following:

(a) When the minimum is 5% or less, the maximum shall not exceed the minimum by more than one percentage point.

(b) When the minimum is above 5%, the maximum shall not exceed the minimum by more than 20%, and in no case shall the maximum exceed the minimum by more than 5 percentage points.

(3) Guarantees for minimum vitamin content of commercial feeds and feed supplements, when made, shall be stated on the label in milligrams per pound of feed except that:

(a) Vitamin A, other than precursors of Vitamin A, shall be stated in USP units per pound.

(b) Vitamin D, in products offered for poultry feeding, shall be stated in International Chick Units per pound.

(c) Vitamin D for other uses shall be stated in USP units per pound.

(d) Vitamin E shall be stated in International or USP units per pound.

(e) Guarantees for vitamin content on the label of a commercial feed shall state the guarantee as true vitamins, not compounds, with the exception of the compounds, Pyridoxine, Hydrochloride, Choline Chloride, Thiamine and d-Pantothenic Acid.

(f) Oils and premixes containing Vitamin A or Vitamin D or both may be labeled to show vitamin content in terms of units per gram.

(4) Guarantees for drugs shall be stated in terms of percent by weight, except:

(a) Antibiotics present at less than 2000 grams per ton (total) of commercial feed shall be stated in grams per ton of commercial feed.

(b) Antibiotics present at more than 2000 grams per ton (total) of commercial feed shall be stated in grams per pound of commercial feed.

(c) Labels for commercial feeds containing growth promotion and/or feed efficiency levels of antibiotics, which are to be fed continuously as the sole ration, are not required to make quantitative guarantees except as specifically noted in the Federal Food Additive Regulations for certain antibiotics, wherein quantitative guarantees are required regardless of the level or purpose of the antibiotic.

(d) The terms “milligrams per pound” may be used for drugs or antibiotics in those cases where a dosage is given in “milligrams” in the feeding directions.

(5) Commercial feeds containing any added non-protein nitrogen shall be labeled as follows:

(a) Complete feeds, supplements, and concentrates containing added non-protein nitrogen and containing more than 5% protein from natural sources shall be guaranteed as follows:

Crude protein, minimum _______ % (This includes not more than _______% equivalent protein from non-protein nitrogen).

(b) Mixed feed concentrates and supplements containing less than 5% protein from natural sources may be guaranteed as follows:

Equivalent crude protein from non-protein nitrogen, minimum _______ % .

(c) Ingredient sources of non-protein nitrogen such as Urea, Di-Ammonium Phosphate, Ammonium Polyphosphate Solution, Ammoniated Rice Hulls, or other basic non-protein nitrogen ingredients defined by the Association of American Feed Control Officials shall be guaranteed as follows:

Nitrogen, minimum _______%. Equivalent Crude Protein from Non-Protein Nitrogen minimum _______ %.

(6) Mineral phosphatic materials for feeding purposes shall be labeled with the guarantee for minimum and maximum percentage of calcium (when present), the minimum percentage of phosphorus, and the maximum percentage of fluorine.

(7) The sliding scale method of expressing guarantees (for example, protein 15-18%) is prohibited.

History

• Authority: T.C.A. § 44-1127.
• Administrative History: Original rule certified June 5, 1974.

Tenn. Comp. R. & Regs. 0080-05-05-.05 INGREDIENTS

(1) The name of each ingredient or collective term for the grouping of ingredients, when required to be listed, shall be the name as defined in the Official Definitions of Feed Ingredients as published in the Official Publication of American Feed Control Officials, the common or usual name or one approved by the Commissioner.

(2) The name of each ingredient must be shown in letters or type of the same size.

(3) No reference to quality or grade of an ingredient shall appear in the ingredient statement of a feed.

(4) The term “dehydrated” may precede the name of any product that has been artificially dried (5) A single ingredient product defined by the Association of American Feed Control Officials is not required to have an ingredient statement.

(6) Tentative definitions for ingredients shall not be used until adopted as official, unless no official definition exists or the ingredient has a common accepted name that requires no definition, (i.e. sugar).

(7) When the word “iodized” is used in connection with a feed ingredient, the feed ingredient shall contain not less than 0.007% iodine, uniformly distributed.

History

• Authority: T.C.A. § 44-1127.
• Administrative History: Original rule certified June 5, 1974.

Tenn. Comp. R. & Regs. 0080-05-05-.06 DIRECTIONS FOR USE AND PRECAUTIONARY STATEMENTS

Directions for use and precautionary statements on the labeling of all commercial feeds and customer formula feeds containing additives (including drugs, special purpose additives, or non-nutritive additives) shall be adequate:

(a) To enable safe and effective use for the intended purposes by users with no special knowledge of the purpose and use of such articles: and, (b) Shall include, but not be limited to, all information prescribed by all applicable regulations under the Federal Food, Drug and Cosmetic Act.

(c) Adequate directions for use and precautionary statements are required for feeds containing non-protein nitrogen as specified in 0080-05-06-.07.

History

• Authority: T.C.A. § 44-1127.
• Administrative History: Original rule certified June 5, 1974.

Tenn. Comp. R. & Regs. 0080-05-05-.07 NON-PROTEIN NITROGEN

(1) Urea and other non-protein nitrogen products defined in the Official Publication of the Association of American Feed Control Officials are acceptable ingredients only in commercial feeds for ruminant animals as a source of equivalent crude protein and are not to be used in commercial feeds for other animals and birds.

(2) If the commercial feed contains more than 8.75% of equivalent crude protein from all forms of non-protein nitrogen, added as such, or the equivalent crude protein from all forms of nonprotein nitrogen, added as such, exceeds one-third of the total crude protein, the label shall bear adequate directions for the safe use of feeds and a precautionary statement:

“CAUTION: USE AS DIRECTED”

The directions for use and the caution statement shall be in type of such size so placed on the label that they will be read and understood under customary conditions of purchase and use.

(3) On labels such as those for medicated feeds which bear adequate feeding directions and/or warning statements, the presence of added non-protein nitrogen shall not require a duplication of the feeding directions or the precautionary statements as long as those statements include sufficient information to insure the safe and effective use of this product due to the presence of non-protein nitrogen.

History

• Authority: T.C.A. § 44-1127.
• Administrative History: Original rule certified June 5, 1974.

Tenn. Comp. R. & Regs. 0080-05-05-.08 DRUG AND FEED ADDITIVES

(1) Prior to approval of a registration application and/or approval of a label for commercial feed which contains additives (including drugs, other special purpose additives, or nonnutritive additives) the distributor may be required to submit evidence to prove the safety and efficacy of the commercial feed when used according to the directions on the label.

(2) Satisfactory evidence of safety and efficacy of a commercial feed may be:

(a) When the commercial feed contains such additives, the use of which conforms to the requirements of the applicable regulation in the Code of Federal Regulations, Title 21, or which are “prior sanctioned” or “generally recognized as safe” for such use, or (b) When the commercial feed is itself a drug as defined in Section 3 (g) of the Act and is generally recognized as safe and effective for the label use or is marketed subject to an application approved by the Food and Drug Administration under Title 21 U.S.C. 360(b).

History

• Authority: T.C.A. § 44-1127.
• Administrative History: Original rule certified June 5, 1974.

Tenn. Comp. R. & Regs. 0080-05-05-.09 ADULTERANTS

(1) For the purpose of Section 7 (a)(1) of the Act, the terms “poisonous or deleterious substances include but are not limited to the following:

(a) Fluorine and any mineral or mineral mixture which is to be used directly for the feeding of domestic animals and in which the fluorine exceeds 0.30% for cattle; 0.35% for sheep; 0.45% for swine; and 0.60% for poultry.

(b) Fluorine bearing ingredients when used in such amounts that they raise the fluorine content of the total ration above the following amounts: 0.009% for cattle; 0.01% for sheep; 0.014% for swine; and 0.035% for poultry.

(c) Soybean meal, flakes or pellets or other vegetable meals, flakes or pellets which have been extracted with trichlorethylene or other chlorinated solvents.

(d) Sulfur dioxide, sulfurous acid and salts of sulfurous acid when used in or on feeds or feed ingredients which are considered or reported to be a significant source of Vitamin B1 (Thiamine).

(2) All screenings or by-products of grains and seeds containing weed seeds, when used in commercial feed or sold as such to the ultimate consumer, shall be ground fine enough or otherwise treated to destroy the viability of such weed seeds so that the finished product contains no more than 20 viable prohibited weed seeds per pound and not more than 100 viable restricted weed seeds per pound.

History

• Authority: T.C.A. § 44-1127.
• Administrative History: Original rule certified June 5, 1974.

Tenn. Comp. R. & Regs. 0080-05-05-.10 STANDARDS

Standards for various classes of feed will be published as conditions require.

(1) (a) A standard in effect is: The following materials are prohibited in all feeds: Coconut shells, sawdust, damaged or salvaged feed, moldy material, metal particles, screenings containing whole viable weed seeds beyond limitation, sand, gravel or crotalarias spectabilis.

History

• Authority: T.C.A. § 44-1127.
• Administrative History: Original rule certified June 5, 1974.

Tenn. Comp. R. & Regs. 0080-05-05-.11 GOOD MANUFACTURING PRACTICES

(1) For the purpose of enforcement of Section 7 (d) of the Act the Commissioner adopts the following as current good manufacturing practices:

(a) The regulations prescribing good manufacturing practices for medicated feeds as published in the Code of Federal Regulations, Title 21, Part 133, Sections 133. 100- 133.110.

(b) The regulations prescribing good manufacturing practices for medicated premixes as published in the Code of Federal Regulations, Title 21, Part 133, Sections 133.200- 133.210.

History

• Authority: T.C.A. § 44-1127.
• Administrative History: Original rule certified June 5, 1974.

Tenn. Comp. R. & Regs. 0080-05-05-.12 DEFINITIONS AND TERMS

(1) PRINCIPAL DISPLAY PANEL means the part of a label that is most likely to be displayed, presented, shown or examined under normal and customary conditions of display for retail sale.

(2) INGREDIENT STATEMENT means a collective and contiguous listing on the label of the ingredients of which the pet food is composed.

(3) IMMEDIATE CONTAINER means the unit, can, box, tin, bag, or other receptacle or covering in which a pet food is displayed for sale to retail purchasers, but does not include containers used as shipping containers.

History

• Authority: T.C.A. § 44-1127.
• Administrative History: Original rule certified June 5, 1974.

Tenn. Comp. R. & Regs. 0080-05-05-.13 LABEL FORMAT AND LABELING

(1) The statement of net content and product name must be shown on the principal display panel.

All other required information may be placed elsewhere on the label but shall be sufficiently conspicuous as to render it easily read by the average purchaser under ordinary .conditions of purchase and sale.

(2) The declaration of the net content shall be made in conformity with the United States “Fair Packaging and Labeling Act” and the regulations promulgated thereunder.

(3) The information which is required to appear in the “Guaranteed Analysis” shall be listed in the following order:

Crude protein (Minimum Amount)

Crude fat (Minimum Amount)

Crude fiber (Maximum Amount)

Moisture (Maximum Amount)

Additional guarantees shall follow moisture.

(4) The label of a pet food shall specify the name and address’ of the manufacturer, packer or distributor of the pet food. The statement of the place of business should include the street address, if any, of such place unless such street address is shown in a current city directory or telephone directory.

(5) If a person manufactures, packages, or distributes a pet food in a place other than his principal place of business, the label may state the principal place of business in lieu of the actual place where each package of such pet food was manufactured or packaged or is to be distributed, if such statement is not misleading in any particular.

(6) A vignette, graphic, or pictorial representation of a product on a pet food label shall not misrepresent the contents of the package.

(7) The use of the word “proven” in connection with label claims for a pet food is improper unless scientific or other empirical evidence establishing the claim represented as “proven” is available.

(8) No statement shall appear upon the label of a pet food which makes false or misleading comparisons between that pet food and any other pet food.

(9) Personal or commercial endorsements are permitted on pet food labels where said endorsements are factual and not otherwise misleading.

(10) When a pet food is enclosed in an outer container or wrapper which is intended for retail sale, all required label information must appear on such outside wrapper or container unless all of the required label information is readily legible through apertures of transparencies in such outside container or wrapper.

(11) The words “Dog Food”, “Cat Food” or similar designations must appear conspicuously upon the principal display panels of the pet food labels.

(12) The label of a pet food shall not contain an unqualified representation or claim, directly or indirectly, that the pet food therein contained or a recommended feeding thereof, is or meets the requisites of a complete, perfect, scientific, or balanced ration for dogs or cats unless such product or feeding:

(a) Contains ingredients in quantities sufficient to provide the estimated nutrient requirements for all stages of the life of a, dog or cat, as the case may be, which have been established by a recognized authority on animal nutrition, such as the Committee on Animal Nutrition of the National Research Council of the National Academy of Sciences, or to the extent that the product’s ingredients provide nutrients in amounts which substantially deviate from those nutrient requirements estimated by such a recognized authority on animal nutrition, or in the event that no estimation has been made by a recognized authority on animal nutrition of the requirements of animals for one or more stages of said animals’ lives, the product’s represented capabilities in this regard must have been demonstrated by adequate testing.

(b) Contains a combination of ingredients which when fed to a normal animal as the only source of nourishment will provide satisfactorily for fertility of male and female, gestation and lactation, normal growth from weaning to maturity without supplementary feeding, and will maintain the normal weight of an adult animal whether working or at rest and has had its capabilities in this regard demonstrated by adequate testing.

(13) Labels for products which are compounded for or which are suitable for only a limited purpose (i.e., a product designed for the feeding of puppies) may contain representations that said pet food product or recommended feeding thereof, is or meets the requisites of a complete, perfect, scientific or balanced ration for dogs and cats only:

(a) In conjunction with a statement of the limited purpose for which the product is intended or suitable (as, example, in the statement ‘a complete food for puppies’). Such representations and such required qualification therefor shall be juxtaposed on the same panel and in the same size, style and color print; and (b) Such qualified representations may appear on pet food labels only if:

1. The pet food contains ingredients in quantities sufficient to satisfy the estimated nutrient requirements established by a recognized authority on animal nutrition, such as the Committee on Animal Nutrition of the National Research Council of the National Academy of Sciences for such limited or qualified purpose; or 2. The pet food product contains a combination of ingredients which when fed for such limited purpose will satisfy the nutrient requirements for such limited

purpose and has had its capabilities in this regard demonstrated by adequate testing.

History

• Authority: T.C.A. § 44-1127.
• Administrative History: Original rule certified June 5, 1974.

Tenn. Comp. R. & Regs. 0080-05-05-.14 BRAND AND PRODUCT NAMES

(1) No flavor designation shall be used on a pet food label unless the designated flavor is detectable by a recognized test method, or is one the presence of which provides a characteristic distinguishable by the pet. Any flavor designation on a pet food label must either conform to the name of its source as shown in the ingredient statement or the ingredient statement shall show the source of the flavor. Distributors of pet food employing such flavor designation or claims on the labels of the product distributed by them shall, upon request, supply verification of the designated or claimed flavor to the appropriate control official.

(2) The designation “100% “ or “All” or words of similar connotation shall not be used in the brand or product name of a pet food if it contains more than one ingredient. However, for the

purpose of this provision, water sufficient for processing, required decharacterizing agents and trace amounts of preservatives and condiments shall not be considered ingredients.

(3) The term “meat” and “meat by-products” shall be qualified to designate the animal from which the meat and meat by-products are derived unless the meat and meat by-products are from cattle, swine, sheep, and goats. For example, “horsemeat” and “horsemeat by-products”.

(4) The name of the pet food shall not be derived from one or more ingredients of a mixture to the exclusion of other ingredients and shall not be one representing any components of a mixture of a pet food product unless all components or ingredients are included in the name except as specified by 0080-05-06-.14(l),(5),(6), Provided, That if any ingredient or combination of ingredients is intended to impart a distinctive characteristic to the product which is significant to the purchaser, the name of that ingredient or combination of ingredients may be used as a part of the name of the pet food if:

(a) The ingredient or combination of ingredients is present in sufficient quantity to impart a distinctive characteristic to the product;

(b) It does not constitute a representation that the ingredient or combination of ingredients is present to the exclusion of other ingredients; and (c) It is not otherwise false or misleading.

(5) When an ingredient or a combination of ingredients derived from animals, poultry, or fish constitutes 95% or more of the total weight of all ingredients of a pet food mixture, the name or names of such ingredient(s) may form a part of the product name of the pet food; Provided, That where more than one ingredient is part of such product name, then all such ingredient names shall be in the same size, style, and color print.

(6) When an ingredient or a combination of ingredients derived from animals, poultry, or fish constitutes at least 25% but less than 95% of the total weight of all ingredients of a pet food mixture the name or names of such ingredient or ingredients may form a part of the product name of the pet food only if the product name also includes a primary descriptive term such as “meatballs” or “fishcakes” so that the product name describes the contents of the product in accordance with an established law, custom or usage or so that the product name is not misleading. All such ingredient names and the primary descriptive term shall be in the same size, style, and color print.

Contractions or coined names referring to ingredients shall not be used in the brand name of a pet food unless it is in compliance with 0080-05-06-.14(l),(4),(5) or (6).

History

• Authority: T.C.A. § 44-1127.
• Administrative History: Original rule certified June 5, 1974.

Tenn. Comp. R. & Regs. 0080-05-05-.15 EXPRESSION OF GUARANTEES

(1) The sliding scale method of expressing a guaranteed analysis (for example, “Protein 15.18%) is prohibited.

(2) Pursuant to Section 0080-05-06-.16(l) of the Act, pet foods containing 5% or more mineral ingredients, shall include in the guaranteed analysis the minimum and maximum percentages of calcium (Ca) and salt (NaCI), and the minimum percentages of phosphorus (P) and iodine (I), if added. Minerals, except salt (NaCI), when quantitatively guaranteed, shall be stated in terms of percentage of the element. The label of the pet food which is formulated as and represented to be a mineral supplement shall include a guarantee of all the minerals contained in the ingredient statement.

(3) Pursuant to Section 0080-05-06-.16(l) of the Act, the label of the pet food which is formulated as and represented to be a vitamin supplement, shall include a guarantee of the minimum content of each vitamin declared in the ingredient statement. Such vitamin guarantees shall be stated in units or milligrams per pound or ppm, as provided herein; vitamin E in USP or International Units; vitamin A, other than precursors of vitamin A, in USP Units, vitamin D in USP Units; all other vitamins as true vitamins, not compounds, except pyridoxine hydrochloride, choline chloride, and thiamine; oils and concentrates containing vitamin A or vitamin D or both may be additionally labeled to show vitamin content in units per gram; and providing that the term “D-pantothenic acid” be used in stating the pantothenic acid guarantee.

(4) The vitamin potency of pet food products distributed in containers smaller than 1 lb. may be guaranteed in approved units per ounce.

(5) If the label of a pet food does not represent the pet food to be either a vitamin or a mineral supplement, but does include a table of comparison of a typical analysis of the vitamin, mineral, or nutrient content of the pet food with levels recommended by a recognized animal nutrition authority, such comparison may be stated in the units of measurement used by the recognized authority.. The statement in a table of comparison of the vitamin, mineral, or nutrient content shall constitute a guarantee, but need not be repeated in the guaranteed analysis. Such table of comparison may appear on the label separate and apart from the guaranteed analysis.

History

• Authority: T.C.A. § 44-1127.
• Administrative History: Original rule certified June 5, 1974.

Tenn. Comp. R. & Regs. 0080-05-05-.16 INGREDIENTS

(1) “The maximum moisture in all pet foods shall be guaranteed and shall not exceed 78.00% or the natural moisture content of the constituent ingredients of the product, whichever is greater. Pet foods such as those consisting principally of stew, gravy, sauce, broth, or juice which are so labeled, may contain moisture in excess of 78.00%.”

(2) Each ingredient of the pet food shall be listed in the ingredient statement, and names of all ingredients in the ingredient statement must be shown in letters or type of the same size. The failure to list the ingredients of a pet food in descending order by their predominance by weight in non-quantitative terms may be misleading. Any ingredient for which the Association of American Feed Control Officials has established a name and definition shall be identified by the name so established. Any ingredient for which no name and definition has been so established shall be identified by the common or usual name of the ingredient. Brand or trade names shall not be used in the ingredient statement.

(3) The term “dehydrated” may precede the name of any ingredient in the ingredient list that has been artificially dried.

(4) No reference to quality or grade of an ingredient shall appear in the ingredient statement of a pet food.

History

• Authority: T.C.A. § 44-1127.
• Administrative History: Original rule certified June 5, 1974.

Tenn. Comp. R. & Regs. 0080-05-05-.17 DIRECTIONS FOR USE

The label of a pet food product which is suitable only for intermittent or supplemental feeding or for some other limited purpose should:

(1) (a) Bear a clear and conspicuous disclosure to that effect; or (b) Contain specific feeding directions which clearly state that the product should be used only in conjunction with other foods.

History

• Authority: T.C.A. § 44-1127.
• Administrative History: Original rule certified June 5, 1974.

Tenn. Comp. R. & Regs. 0080-05-05-.18 DRUGS AND PET FOOD ADDITIVES

(1) An artificial color may be used in a pet food only if it has been shown to be harmless to pets.

The permanent or provisional listing of an artificial color in the United States Food and Drug Regulations as safe for use, together with the conditions, limitations, and tolerances, if any, incorporated therein, shall be deemed to be satisfactory evidence that the color is, when used pursuant to such regulations, harmless to pets.

(2) Prior to approval of a registration application and/or approval of a label for pet food, which contain additives (including drugs, other special purpose additives, or non-nutritive additives) the distributor may be required to submit evidence to prove the safety and efficacy of the pet food, when used according to directions furnished on the label. Satisfactory evidence of the safety and efficacy of a pet food may be:

(a) When the pet food contains such additives, the use of which conforms to the requirements of the applicable regulation in the Code of Federal Regulations, Title 21, or which are “prior sanctioned” or “Generally Recognized as Safe” for such use; or (b) When the pet food itself is a drug as defined in Section 3 (g) of the Act and is generally recognized as safe and effective for label use or is marketed subject to an application approved by the Food and Drug Administration under Title 21, U.S.C. 355 or 357.

(3) The medicated labeling format recommended by Association of American Feed Control Officials shall be used to assure that adequate labeling is provided.

History

• Authority: T.C.A. § 44-1127.
• Administrative History: Original rule certified June 5, 1974.

Tenn. Comp. R. & Regs. 0080-05-05-.19 LICENSE FEES AND TONNAGE REPORTS

(1) Annual statement. Every person required to have a commercial feed license shall file with the department on or before July 1 an annual statement indicating the number of net tons of commercial feed the person distributed in the state during the previous calendar year (January 1 – December 31), with the following exemptions.

(a) Feed may not be reported in the annual statement if:

1. The feed has been previously reported to the department and calculated in the annual license fee of a manufacturer, distributor, or guarantor in good standing;

2. The feed is a customer-formula feed and all the commercial feed used as ingredients has been previously reported to the department and calculated in the annual license fee of a manufacturer, distributor, or guarantor in good standing; or, 3. The annual statement is that of a contract feeder.

(b) If distillery wet grains or by-products are distributed as feed containing more than 75% moisture, only 10% of their weight shall be reported in the annual statement.

(2) License fee. Every person required to have a commercial feed license shall pay an annual license fee based on the weight of feed distributed in the state during the previous calendar year (January 1 – December 31), as reported in the annual statement. The fee shall be determined by dividing the total tons of feed distributed by 350 tons and multiplying the dividend by a Tier 2 fee under T.C.A. § 43-1-703(f). In no event shall any person pay less than a Tier 2 fee under T.C.A. § 43-1-703(f) for an annual license under this chapter. The department may credit payment of annual license fees that have been paid based on feed that was exempt from reporting requirements.

History

• Authority: T.C.A. §§ 4-3-203, 43-1-703, 44-6-104, 44-6-109, and 44-6-110.
• Administrative History: Original rule filed May 14,1987; effective August 29,1987. Amendments filed March 24, 2016; effective June 22, 2016. Amendments filed March 30, 2017; effective June 28, 2017.

Chapter 0080-05-06 Seed

Tenn. Comp. R. & Regs. 0080-05-06-.01 METHODS OF INSPECTING, SAMPLING AND TESTING, AND THE APPLICATION

OF TOLERANCES.

Method of inspecting, sampling and testing, and the application of tolerance shall be according to the Rules for Testing Seeds adopted by the “Association of Official Seed Analysts” except tolerances are not allowed for Prohibited Noxious-Weed Seeds.

History

• Authority: T.C.A. § 43-928 and Public Chapter 660 of 1986.
• Administrative History: Original rule certified June 5, 1974. Amendment filed October 30, 1986; effective December 14, 1986.

Tenn. Comp. R. & Regs. 0080-05-06-.02 LABELS

(1) Hybrid corn seed containing Texas Male Sterile Cytoplasm shall be labeled to show the percentage of this Cytoplasm expressed by the symbol (T*) in parentheses immediately following the variety name. This asterisk (*) shall refer to a statement on the front panel of the seed label stating the percentage (%) of seed in the lot with Texas Male Sterile Cytoplasm.

This information shall be printed in type no smaller than that used for the variety and kind name. (T*) shall be disassociated from the variety name by use of parentheses, brackets, quotes, or spaces.

EXAMPLES:

(a) Kind, Corn Variety, 704 (T*) 100% T-Cytoplasm (any place on front of analysis tag)

(Note: Reference to separate tag permitted, e.g., “see separate tag.”)

(b) Kind, Corn Variety, 704 (T*) *50% T-Cytoplasm (any place in front of analysis tag.)

(Note: Reference to separate tag permitted, e.g., “see separate tag.”)

Note: 704 is used as a fictitious variety name in label example.

(2) A complete analysis must be given and the purity test percentage must total one-hundred (100%) percent. Blank spaces on a tag or label shall be considered equivalent to the word “None”. Either numerals or the word “none” should be used to express a percentage or numbers per pound.

(3) Abbreviations in labeling seed is not permissible.

History

• Authority: T.C.A. § 43-928 and Public Chapter 660 of 1986.
• Administrative History: Original rule certified June 5, 1974. Amendment filed October 30, 1986; effective December 14, 1986.

Tenn. Comp. R. & Regs. 0080-05-06-.03 INVOICES

All invoices and records pertaining to the shipment or sale of seed must show the lot numbers, except when sold to the ultimate consumer.

History

• Authority: T.C.A. § 43-928 and Public Chapter 660 of 1986.
• Administrative History: Original rule certified June 5, 1974. Amendment filed October 30, 1986; effective December 14, 1986.

Tenn. Comp. R. & Regs. 0080-05-06-.04 LABELING OF SEED DISTRIBUTED TO WHOLESALERS

After seed has been conditioned, it must be labeled before distribution to any person including a wholesaler. Each bag or bulk lot must be completely labeled when supplied to a retailer or consumer. Labeling of seed supplied to or owned by a wholesaler (one whose predominant business is to supply seed to other distributors rather than to consumers of seed) may be by a master tag or laboratory report accompanying the invoice, provided each bag or other container is clearly identified by a lot number or if the seed is in bulk. Each bag or container that is not so identified must carry complete labeling.

History

• Authority: T.C.A. § 43-928 and Public Chapter 660 of 1986.
• Administrative History: Original rule certified June 5, 1974. Amendment filed October 30, 1986; effective December 14, 1986.

Tenn. Comp. R. & Regs. 0080-05-06-.05 REPEALED

History

• Authority: T.C.A. §§ 43-928, 4-3-203, 43-10-114, and Public Chapter 660 of 1986.
• Administrative History: Original rule certified June 5, 1974. Amendment filed October 30, 1986; effective December 14, 1986. Repeal filed March 24, 2016; effective June 22, 2016.

Tenn. Comp. R. & Regs. 0080-05-06-.06 HYBRID LABELING

(1) Hybrid kinds or varieties of seed which contain between 90% to 95% hybrid, as a result of incompletely controlled pollination, shall be labeled with percentages of both the hybrid and also the non-hybrid components shown on the tag. No one kind or variety of seed shall be labeled as hybrid if the pure seed contains less than 90% hybrid seed. If the seed contains 95% of the pure seed which is hybrid seed the actual percentage which is hybrid may be omitted but the seed must be labeled as a hybrid.

(2) Exemption to hybrid labeling: Hybrid wheat shall be labeled the same as all other hybrids except that wheat shall be considered a hybrid if the seed contains 75% or more of the pure seed which is hybrid.

History

• Authority: T.C.A. § 43-928 and Public Chapter 660 of 1986.
• Administrative History: Original rule certified June 5, 1974. Amendment filed October 30, 1986; effective December 14, 1986.

Tenn. Comp. R. & Regs. 0080-05-06-.07 NOXIOUS-WEED SEEDS

The following kinds of weed seed are designated noxious in Tennessee and the maximum permitted rate of occurrence per pound or agricultural or vegetable seed is established.

(1) Prohibited Noxious-Weed seed shall include:

Balloonvine (Cardiospermum halicacabum) None per pound Canada thistle (Cirsium arvense) None per pound Crotalaria (Crotalaris spectabilis) None per pound Field Bindweed (Convolvulus arvensis) None per pound Hedge Bindweed (Convolvulus sepium) None per pound Itchgrass (Rottboelia exaltata) None per pound Johnsongrass (Sorghum halepense) None per pound Nutgrass (Cyperus rotundus and C. esculentus) None per pound Palmer Amaranth (Amaranthus palmeri) None per pound Sorghum Almum (Sorghum almum) None per pound Sicklepod (Cassia obtusifolia) None per pound (2) Restricted Noxious-Weed seed shall include:

Buckhorn Plantain (Plantago lanceolata) 200 per pound Cheat (Bromus secalinus) or Chess (B. commutatus) 300 per pound Cocklebur (Xanthiurn spp.) 2 per pound CorncockIe (Agrostemma githago) 100 per pound Darnel (Loliurn temulentum) 100 per pound Dock (Rumex spp.) 100 per pound Dodder (Cuscuta spp.) 100 per pound Giant Foxtail (Setaria faberi) 100 per pound Horsenettle (Solanum carolinense) 200 per pound Quackgrass (Agropyron repens) 100 per pound Wild Mustard or Turnips (Brassica spp.) 27 per pound Wild Onion or Garlic (Alliurn spp.) 27 per pound Plumeless thistles, includes Musk Thistle, Nodding Thistle, and Curled Thistle (Carduus spp.) 100 per pound Annual Bluegrass (Poa annua) 300 per pound Lawn and turf seed only (3) Annual Bluegrass shall be claimed on the label if present in lawn and turf seed such as, bentgrass, Ky. bluegrass, chewings fescue, red fescue, hard fescue, varieties of perennial ryegrass, varieties of turf type tall fescue, and/or mixtures containing these grasses.

(4) Agricultural seed which contain in excess of a sum total of 300 restricted noxious-weed seed per pound (subject to above limitations) is prohibited from sale in Tennessee.

(5) Exceptions:

(a) Crimson clover may contain one hundred (100) Brassica spp. seed per pound.

(b) Ky. 31 Tall fescue may contain a sum total of five hundred (500) restricted noxiousweed seed per pound. However, maximum limitations for each kind remain the same.

(c) Black soybeans used for hay purposes may contain two (2) sicklepod per pound.

History

• Authority: T.C.A. §§ 4-3-203, 43-928, 43-10-114, and Public Chapter 660 of 1986.
• Administrative History: Original rule certified June 5, 1974. Amendment filed October 30, 1986; effective December 14, 1986. Amendments filed July 31, 2018; effective October 29, 2018.

Tenn. Comp. R. & Regs. 0080-05-06-.08 MINIMUM STANDARD OF GERMINATION AND PURITY

Agricultural seed is prohibited from being sold, offered or exposed for sale for sowing purposes in Tennessee if:

(1) The percentage of germination is below 75%.

(a) Exceptions.

1. Hybrid field corn shall not germinate less than 90%.

2. Dallisgrass shall not germinate less than 30%.

3. Sweetclover shall not germinate less than 65%.

4. Crownvetch shall not germinate less than 65%.

5. Pearl millet shall not germinate less than 65%.

(2) The percentage of weed seed is more than 2% or the percentage of purity is below 90%.

(a) Exceptions.

1. Dallisgrass 50% 2. Orchardgrass 85% 3. Redtop Grass 87% 4. Bluegrass 75% (b) Coated seed may have a purity of less than 90%.

(3) The percentage of inert material is more than 10%.

(a) Exceptions.

1. Dallisgrass 2. Orchardgrass 3. Redtop Grass 4. Bluegrass

History

• Authority: T.C.A. § 43-928 and Public Chapter 660 of 1986.
• Administrative History: Original rule certified June 5, 1974. Amendment filed October 30, 1986; effective December 14, 1986.

Tenn. Comp. R. & Regs. 0080-05-06-.09 STANDARDS FOR VEGETABLE SEEDS

(1) The standard of germination for vegetable seeds shall be the same as listed in the Federal Seed Act, and as may be subsequently amended, and which, presently, are as listed below.

For seed which germinate less than these standards, the words “Below Standard” must be printed on each package or container or tag in not less than eight point type:

PERCENT

Artichoke 60 Asparagus 70 Asparagusbean 75 Bean, garden 70 Bean, lima 70 Bean, runner 75 Beet 65 Broadbean 75 Broccoli 75 Brussell sprouts 70 Burdock, great 60 Cabbage 75 Cabbage, tronchuda 75 Cantaloupe (See Muskmelon)

Cardoon 60 Carrot 55 Cauliflower 75 Celeriac 55 Celery 55 Chard, Swiss 65 Chicory 65 Chinese cabbage 75 Chives 50 Citron 65 Collards 80 Corn, sweet 75 Cornsalad 70 Cowpea 75 Cress, garden 75 Cress, upland 60 Cress, water 40 Cucumber 80 Dandelion 60 Eggplant 60 Endive 70 Kale 75 Kale, Chinese 75 Kohlrabi 75 Leek 60 Lettuce 80 Muskmelon 75 Mustard, India 75 Mustard, spinach 75 Okra 50 Onion 70 Onion, Welsh 70 Pak-Choi 75 Parsley 60 Parsnip 60 Pea 80 Pepper 55 Popcorn 75 Pumpkin 75 Radish 75 Rhubarb 60 Rutabaga 75 Salsify 75 Sorrell 65 Soybean 75 Spinach 60 Spinach, New Zealand 40 Squash 75 Tomato 75 Tomato, husk 50 Turnip 80 Watermelon 70 All other vegetable seeds 50

History

• Authority: T.C.A. § 43-928, Public Chapter 660 of 1986.
• Administrative History: Original rule certified June 5, 1974. Amendment filed October 30, 1986; effective December 14, 1986.

Tenn. Comp. R. & Regs. 0080-05-06-.10 HERMETICALLY SEALED CONTAINERS

For agricultural and vegetable seeds labeled and packed in hermetically sealed containers the nine (9) month limitation of date of test in

Section 10(a)(2) is extended as provided therein. The germination test for agricultural and vegetable seeds shall have been completed within twenty-four (24) month period, exclusive of the calendar month in which the test was completed, if the following conditions are met:

(1) The seed was packaged within nine (9) months after harvest.

(2) The container used does not allow water vapor penetration through any wall, including the seals, greater than 0.05 grams of water per 24 hours per 100 square inches of surface at 100 degrees Fahrenheit with a relative humidity on one side of 90 percent and on the other side of 0.00 percent. Water vapor penetration of WVP is measured by the Standards of the U.S.

Bureau of Standards as: gm. H20/24 hr/100 sq. in. /100 deg. F. / 90% RHV .0% RH (3) The seed in the container used does not exceed the percentage of moisture, on a wet weight

basis, as listed below:

AGRICULTURAL SEEDS PERCENT

Beet, Field 7.5 Beet, Sugar 7.5 Bluegrass, Kentucky 6.0 Clover, Crimson 8.0 Fescue, Red 8.0 Ryegrass, Annual 8.0 Ryegrass, Perennial 8.0 All others 6.0 Mixture of above 8.0 VEGETABLE SEEDS PERCENT Bean, Garden 7.0 Bean, Lima 7.0 Beet 7.5 Broccoli 5.0 Brussels Sprouts 5.0 Cabbage 5.0 Carrot 7.0 Cauliflower 5.0 Celeriac 7.0 Celery 7.0 Chard, Swiss 7.5 Chinese Cabbage 5.0 Chives 6.5 Collards 5.0 Corn, Sweet 8.0 Cucumber 6.0 Eggplant 6.0 Kale 5.0 Kohlrabi 5.0 Leek 6.5 Lettuce 5.5 Muskmelon 6.0 Mustard, India 5.0 Onion 6.5 Onion, Welsh 6.5 Parsley 6.5 Parsnip 6.0 Pea 7.0 Pepper 4.5 Pumpkin 6.0 Radish 5.0 Rutabaga 5.0 Spinach 8.0 Squash 6.0 Tomato 5.5 Turnip 5.0 Watermelon 6.5 All others 6.0 (4) The container is conspicuously labeled in not less than 8 point type to indicate:

(a) That the seed is hermetically sealed, (b) That the seed has been preconditioned as to moisture content.

(c) The calendar month and year in which the germination test was completed as well as all labeling information required in Section 4 of the Tennessee Seed Law.

(d) The percentage of germination of seed at the time of packaging was equal to or above the Standards specified elsewhere in this regulation.

(e) Records are kept giving the percent of moisture at the time of packaging.

History

• Authority: T.C.A. § 43-928 and Public Chapter 660 of 1986.
• Administrative History: Original rule certified June 5, 1974. Amendment filed October 30, 1986; effective December 14, 1986.

Tenn. Comp. R. & Regs. 0080-05-06-.11 LABELING REQUIREMENTS FOR MIXTURES

For all mixtures the oldest date tested for any component will be considered the date of test.

History

• Authority: T.C.A. § 43-928 and Public Chapter 660 of 1986.
• Administrative History: Original rule certified June 5, 1974. Amendment filed October 30, 1986; effective December 14,1986.

Tenn. Comp. R. & Regs. 0080-05-06-.12 LABELING REQUIRMENTS FOR AGRICULTURAL SEEDS THAT ARE COATED

(1) Percentage of pure seeds with coating material removed.

(2) Percentage of coating material shall be shown as a separate item in close association with the percentage of inert matter.

(3) Germination shall be determined on pellets with or without seed.

(4) In addition to these provisions, labeling of coated seed shall comply with the requirements of Sections 6 and 7 of this Chapter.

History

• Authority: T.C.A. § 43-928 and Public Chapter 660 of 1986.
• Administrative History: Original rule certified June 5, 1974. Amendment filed October 30, 1986; effective December 14, 1986.

Tenn. Comp. R. & Regs. 0080-05-06-.13 NOTICE TO COMMON CARRIERS

Express and freight shipments, including truck deliveries, to dealers or consumers of seed shall be subject to the Tennessee Seed Law and its rules and regulations. All trucks and other common carriers transporting seed for delivery or sale, or to be sold or delivered to consumers in this State, in the usual manner, or on the public highways or at public auctions, shall have available for examination at any time a bill of lading, waybill, or delivery receipt showing the following:

(1) The name of shipper or party from whom purchased;

(2) The name and address of the party to whom the seed is to be delivered.

(3) The kind, variety and quantity of each separate lot of seed;

(4) The name and address of truck line or owner, or driver of the truck or other common carrier making delivery or transporting the seed.

History

• Authority: T.C.A. § 43-928 and Public Chapter 660 of 1986.
• Administrative History: Original rule certified June 5, 1974. Amendment filed October 30, 1986; effective December 14, 1986.

Tenn. Comp. R. & Regs. 0080-05-06-.14 LICENSE FEES AND SEED UNIT REPORTS

(1) For purposes of this rule, seed unit means:

(a) A container of seed six lbs. to 100 lbs.;

(b) A hundredweight of seed sold in bulk;

(c) A package of tobacco seed two ounces or less; or (d) A case of seed in packages of less than five pounds.

(2) Annual statement. Every person required to have a seed license—including any person whose name appears on the analysis label affixed to the bag, on the bulk container, or shipping invoice at the time of sale of seeds to a non-labeler—shall file with the department on or before July 1 an annual statement indicating the number of seed units the person sold in the state during the previous calendar year (January 1 – December 31), provided that seed units need not be reported in the annual statement if the seed units have been previously reported to the department and calculated in the annual license fee of a seed seller in good standing.

(3) License fee. Every person required to have a seed license—including any person whose name appears on the analysis label affixed to the bag, on the bulk container, or shipping invoice at the time of sale of seeds to a non-labeler—shall pay an annual license fee based on the quantity of seed units sold in the state during the previous calendar year (January 1 – December 31), as reported in the annual statement. The fee shall be determined by subtracting 3,000 seed units from the total number of seed units sold; dividing the difference by 600 seed units; and multiplying the dividend by a Tier 1 fee under T.C.A. § 43-1-703(f). In no event shall any seed seller pay less than a Tier 3 fee under T.C.A. § 43-1-703(f) for an annual license under this chapter.

History

• Authority: T.C.A. §§ 43-928, 4-3-203, 43-1-703, 43-10-114, 43-10-118, and Public Chapter 660 of 1986.
• Administrative History: Original rule certified June 5, 1974. Amendment filed October 30, 1986; effective December 14, 1986. Amendments filed March 24, 2016; effective June 22, 2016. Amendments filed March 30, 2017; effective June 28, 2017.

Tenn. Comp. R. & Regs. 0080-05-06-.15 REPEALED

History

• Authority: T.C.A. §§ 43-928, 4-3-203, 43-10-114, and Public Chapter 660 of 1986.
• Administrative History: Original rule certified June 5, 1974. Amendment filed October 30, 1986; effective December 14, 1986. Repeal filed March 24, 2016; effective June 22, 2016.

Tenn. Comp. R. & Regs. 0080-05-06-.16 LABELING OF BULK SEEDS

Agricultural seeds offered or exposed for sale which are stored in bulk, shall be labeled by attaching to the bin, tank, box or other container in a conspicuous place, a tag or label stating the information as required by Sections 5 through 9 of this Chapter. Copy of same shall also be supplied to each purchaser at time of sale.

History

• Authority: T.C.A. § 43-928 and Public Chapter 660 of 1986.
• Administrative History: Original rule certified June 5, 1974. Amendment filed October 30, 1986; effective December 14, 1986.

Tenn. Comp. R. & Regs. 0080-05-06-.17 BRAND LABELING

If a brand name is used, it must be a separate statement from the variety name or statement of a mixture unless it is a registered trademark. Brand names may not be used in conjunction with “Variety Not Stated” labeling.

History

• Authority: T.C.A. § 43-928 and Public Chapter 660 of 1986.
• Administrative History: Original rule certified June 5, 1974. Amendment filed October 30, 1986; effective December 14, 1986.

Chapter 0080-05-07 Rules and Regulations Pertaining to Anhydrous Ammonia Storage and Equipment Act

Tenn. Comp. R. & Regs. 0080-05-07-.01 DEFINITIONS

(1)ANHYDROUS AMMONIA (NH3): As defined in the Act.

(2)EQUIPMENT: Any and all appurtenances used in the storage, handling, and dispensing of anhydrous ammonia.

(3)CONTAINERS: Any vessel, tank, storage or dispensing vessel used in the storage, handling, and dispensing of anhydrous ammonia.

(4)APPLIANCES: Any device, except a container, utilized in dispensing anhydrous ammonia.

(5)SYSTEM: All containers for storage or handling anhydrous ammonia fertilizer with all necessary fittings, piping, appliances and other accessories.

(6)DEALER: As defined in Chapter 198, Public Acts of 1949.

(7)BULK STORAGE: All containers having a capacity of 1,200 water gallons or more.

(8)BULK STORAGE ACCESSORIES: Fittings, piping, compressors, and any and all equipment used in the operation of a bulk storage plant.

(9)ALTERATIONS: Any change in a system from the approved. (This shall not apply to valves and fittings when such is replaced by equivalent or better than that which was approved.)

(10)PERSON: An individual, firm or corporation.

History

• Authority: T.C.A. §43-1302.
• Administrative History: Original Rule certified June 5, 1974.

Tenn. Comp. R. & Regs. 0080-05-07-.02 WAVIER

To the extent permitted by Statute, where the application of these rules and regulations would cause expense materially out of proportion to the increase of safety secured thereby, or would be unreasonable under the facts of the particular case, and safety may be secured in other ways, the Commissioner of Agriculture may, upon adequate showing by the person affected, grant exemption or modification of the rule or

regulation complained of, under such requirements as will secure a reasonable condition of safety, provided such exemption or modification be not in conflict with the law.

History

• Authority: T.C.A. §43-1302.
• Administrative History: Original Rule certified June 5, 1974. RULES AND REGULATIONS PERTAINING TO ANHYDROUSCHAPTER-0080-5-7 AMMONIA STORAGE AND EQUIPMENT ACT

Tenn. Comp. R. & Regs. 0080-05-07-.03 BASIC RULES

(1)REQUIREMENTS FOR CONSTRUCTION AND ORIGINAL TEST OF CONTAINERS:

(a)Containers shall be constructed and tested in accordance with the unfired pressure vessel code of the American Society of Mechanical Engineers, except that construction under paragraphs U-70 and U-200 to U-201 inclusive is not authorized.

(b)The designed working pressure of these vessels shall not be less than: 1.250 psi for ASME, unprotected aboveground storage container. 2.200 psi for ASME, aboveground storage container provided with a shed or sprinkler system approved by the Commissioner of Agriculture, or farm trailer containers, or tractor containers. 3.150 psi for ASME, underground storage containers.

(2)MARKING ON CONTAINERS:

(a)Each container shall be marked as specified in the following: 1.Code qualification 2.Thickness of shell in inches 3.Thickness of head in inches 4.Overall length and outside diameter in inches 5.Water gallon capacity 6.Design working pressure 7.Date of manufacture 8.Serial number 9.Name of manufacturer (b)The above data shall either be etched, cast or impressed on name plates which shall be irremovably attached to the vessel and located near a manhole, if any, or handhole, or in some conspicuous place. The letters and figures on the name plates shall not be less than 5/32 inches high.

(c)Each bulk storage tank shall be marked on at least two sides with the words “Anhydrous Ammonia - DANGEROUS OR CAUTION” in white letters not less than 6 inches high on a red background or the reverse. In addition the warning sign “No smoking or Open Flame - Allowed”.

(d)All transport tanks mounted on trucks and farm trailers shall be marked on both sides and rear with words “Anhydrous Ammonia - DANGEROUS OR CAUTION”. Letters are to be at least 6 inches high.

(e)All tanks installed on farm tractors and to be transported over public highways such as in doing custom-work shall be marked on rear side with words “Anhydrous Ammonia - DANGEROUS OR CAUTION” in red letters on a white background. In instances where containers are mounted on side of tractor, the words above specified shall be printed on side of container with similar display of wording on rear of tractor.

(3)LOCATION OF CONTAINERS:

RULES AND REGULATIONS PERTAINING TO ANHYDROUSCHAPTER-0080-5-7

AMMONIA STORAGE AND EQUIPMENT ACT

(a)Containers shall be located outside of buildings unless the building is especially constructed for this purpose. In case of bulk storage, no bulk storage tanks shall be installed in the limits of any municipality without the approval of their governing body and the Commissioner of Agriculture, and in no instance closer than 200’ to any building other than that of the plant operator, or that of a building designed specifically as protection for the plant itself.

(4)CONTAINERS, VALVES AND ACCESSORIES:

(a)All containers shall be equipped with an approved liquid level gauging device so that the maximum volume of container filled by liquid shall not exceed 85% of its water capacity.

Containers of 300 water gallons or more shall be equipped also with a vapor pressure indicating gauge graduated to at least 1 1/2 times the working pressure of the container.

(b)All valves and accessory equipment shall be constructed of steel or other material approved for use with anhydrous ammonia, and suitable for a 250 psi working pressure. It is forbidden to use copper or any of its alloys for ammonia equipment.

(c)All connections to containers except safety relief and gauging connections shall have shut-off valves located as close to the container as possible.

(d)Excess flow valves, where required, shall close automatically at the rated flows of vapor or liquid as specified by the manufacturer. The connections and lines, including shut-off valves shall have a greater flow capacity than the rated flow of the excess flow valve.

(e)Openings from tank to fittings for pressure gauge connections and/or other approved gauging devices, shall be protected by a No.54 drill size opening when necessary; or excess flow valve.

A hand shut-off valve, with controlling orifice not in excess of 5/16”, located as close to the container as possible may be used in lieu of the above on containers of 300 gallons or less.

(f)Openings that require excess flow valve or back pressure check valves, such valve shall be located inside the container or at a point outside where the line enters the container. If installed as in the latter case, installation shall be made in such a manner that any undue strain beyond the excess flow valve or back pressure check valve will not cause breakage between the container and such valve.

(g)Excess flow valves may be designed with a bypass, not to exceed a No.60 Drill size opening to allow equalization of pressure.

(h)All container valves and fittings shall conform to the following:

1. The filling connection shall be fitted with an approved combination back pressure check valve and excess flow valve; one double or two single back pressure check valve; or a positive cut-off valve, in combination with either an internal back pressure valve or an internal excess flow valve. 2.All vapor return valves and liquid withdrawal line, shall be equipped with approved automatic excess flow valves except that no excess flow valve is required in the withdrawal service line if the controlling orifice between the contents of the container and the outlet of the shut-off valve does not exceed 5/16” for liquid withdrawal, and the capacity of the container does not exceed 300 U.S. Gallons. All excess flow valves shall be stamped with the name or trademark of the manufacturer, lot number, and rated flow in gallons per minute.

RULES AND REGULATIONS PERTAINING TO ANHYDROUSCHAPTER-0080-5-7

AMMONIA STORAGE AND EQUIPMENT ACT

(5)PIPING, TUBING AND FITTINGS:

(a)All fittings where subjected to tank pressure shall be extra heavy construction and only steel (no copper steel), no cast iron, bushings and plugs shall be allowed in the lines or connections.

(b)Galvanized pipe is forbidden to be used as ammonia line pipes; black steel or iron piping of at least 800 pounds minimum test may be used provided welded pipe joints are used. Screwed and bolted flange joints are permissible with double strength pipe. Where screwed joints are used, it has been found that common dopes for pipe threads are attacked by ammonia; freshly mixed Litharge and Glycerin is recommended for use for durability.

(c)All pipe lines shall be installed as nearly in a straight line as possible with a minimum amount of pipe, and not restricted by an excessive amount of elbows and bends. Where nipples are used, they shall be of extra heavy seamless type. Flexible connections shall not be used on permanently fixed installations; rigid connections are required.

(d)Provisions shall be made for expansion, contraction, jarring, vibration, and for settling.

(e)Any section of pipe between shut-off valves that may contain trapped liquid shall be protected by an ammonia relief valve.

(f)Provisions shall be made to adequately protect all exposed piping from mechanical injury that might result from moving machinery, presence of automobiles or trucks, or where any undue strain may be placed upon the piping.

(g)All piping and tubing shall be tested with a pressure of 90 psi after assembly and proved free from leaks. Such test shall be made and certified to by the installer before the system is put into service.

(h)Where hose are used as flexible connections or otherwise, they shall meet the following specifications: 1.Fabricated of material resistant to ammonia. 2.Hose subject to container pressure shall be designed for bursting pressure of not less than five times the maximum pressure for which the container was designed. Hose connection when made shall be capable of withstanding a test pressure of twice the maximum working pressure for which the container is designed. 3.Where hose is to be used for transferring liquid from one container to another, wet hose is recommended. Such hose shall be equipped with suitable shut-off valves at discharge end. Provisions shall be made to prevent excessive hydrostatic pressure in the hose.

(6)SAFETY DEVICES:

(a) Every container shall be protected with one or more spring-loaded relief valve. Where there is more than one valve on the same container they shall discharge at the same pressure. All relief valves shall be stamped with the name or trademark of the manufacturer, valve number, setpressure at which it begins to discharge, the rating of the valve in the amount of cubic feet RULES AND REGULATIONS PERTAINING TO ANHYDROUSCHAPTER-0080-5-7 AMMONIA STORAGE AND EQUIPMENT ACT per minute it will pass before the pressure of the container exceeds the start to discharge pressure setting of the device plus 25%.

(b)All relief valves shall discharge to the free air and in no case nearer than five feet to any opening into a building.

(c)Container safety relief valves shall be set to discharge as follows with relation to the design working pressure of the container:

MinimumMaximum 100%125% (d)All containers shall be protected by relief valve or valves capable of passing the required amount of free air as determined from Table One (1) of these rules and regulations.

(e)Safety relief valves shall have direct communication with the vapor space of the container and no shut-off valve may be installed between the valve and the container except that a shut-off valve may be used where the arrangement of this valve is such as always to afford full required capacity flow through the relief valve.

(f)Rupture disks may be used with spring-loaded relief valves, provided: 1.The valve meets the requirements of these rules and regulations. 2.The disk is made of material non-corroding under exposure to ammonia and is so designed to rupture at the relief valve setting plus 10%. 3.There is no chance of fragments of the disk interfering with the proper functioning of the relief valve. 4.No more than 70% of the required rate of discharge is provided by these disks.

(g)Every rupture disk shall have a specified temperature, bursting pressure, and lot number, and shall be guaranteed by its manufacturer to burst within 5% (plus or minus) of its specified bursting pressure. The bursting pressure, temperature, lot number, and discharge capacity in cubic feet per minute shall be stamped on the flange of the disk or upon a metal tag permanently attached thereto.

(h)When two or more safety valves are placed on one connection, this connection shall have a cross-sectional area at least equal to the combined area of these safety valves.

(7)I. C. C. APPROVAL; GOVERNMENT CONTAINERS:

(a)All containers and pertinent equipment, subject to the rules and regulations or bearing the stamp of approval of the Interstate Commerce Commission for the service for which it was designed, and all containers which are owned or in use by the government of the United States of America are exempted from these rules and regulations, except that such containers and equipment shall be subject to inspection by the Commissioner of Agriculture.

(8)ANHYDROUS AMMONIA SYSTEM TO MEET SPECIFICATIONS:

RULES AND REGULATIONS PERTAINING TO ANHYDROUSCHAPTER-0080-5-7

AMMONIA STORAGE AND EQUIPMENT ACT

(a)All dealers operating systems on the effective date of these rules and regulations, that do not meet the requirements thereof, shall bring such up to specifications set forth herein, within six (6) months after the effective dates of rules and regulations.

(9)APPROVAL OF SYSTEM:

(a)No person or dealer shall fill or permit to be filled any container or system that does not have attached thereto a tag of approval (permanent or temporary), issued by the Commissioner of Agriculture.

(b)Systems installed prior to the effective dates of these rules and regulations shall, WITHIN SIX (6) MONTHS thereafter, obtain inspection and approval of the container and/or systems and have securely attached thereto a Metal Tag of Approval issued by the Commissioner of Agriculture.

(c)On a new system installed after the effective date of these rules and regulations, a temporary tag of approval may be attached by the installer, provided said installer furnishes the Commissioner of Agriculture a certificate, certifying that said system is in compliance with these rules and regulations.

(d)The approval of a system bearing a temporary tag of approval shall become NULL and VOID sixty (60) days after the date of issuance of said temporary tag.

(e)The approval of any system or container shall become NULL AND VOID upon resale, alteration, fire or mechanical injury. Such a system or container shall be reinspected by the Commissioner of Agriculture and a new tag of approval attached thereto before put into use.

(10)INSTALLATIONS AND CONNECTION OF SYSTEMS:

(a)After the effective date of these rules and regulations, any person who shall install, connect, alter, or extend any anhydrous ammonia system, shall within forty-eight (48) hours after the completion thereof, give notice to the Office of the Commissioner of Agriculture, in writing, which notice shall give full details with reference thereto. The placing of such in the United States mail, postage prepaid, properly addressed to the Commissioner of Agriculture, shall be sufficient notice within the meaning of this paragraph. Provided this ruling shall not apply to farm tractor dispensing equipment when such change or alteration is equivalent to or better than the original installation.

(11)DEALERS’ RESPONSIBILITY:

(a)Equipment dealers shall be held responsible for the installation of systems they sell, alter, or connect. It shall be the responsibility of the Fertilizer Dealers to see that the systems they service meet the requirements set forth in these rules and regulations.

(b)The Commissioner’s Tag of Approval shall NOT relieve the Dealer of the aforementioned responsibilities. A prefilling inspection of each system shall be made by the servicing personnel every time a system is to be filled, and it is the obligation of the Dealer responsible to see that such is done and report to the Commissioner anything that is not in keeping with these rules and regulations.

(12)SALE AND/OR DISTRIBUTION OF EQUIPMENT:

RULES AND REGULATIONS PERTAINING TO ANHYDROUSCHAPTER-0080-5-7

AMMONIA STORAGE AND EQUIPMENT ACT

(a)Any and all equipment sold or distributed to consumers or users in the State of Tennessee shall be sold or distributed through a Dealer bonded as an Anhydrous Ammonia Equipment dealer in the State of Tennessee.

(13)INSPECTION:

(a)Any discrepancy found by the Inspector of the Tennessee Department of Agriculture shall be corrected within a given length of time as specified by the Inspector.

(14)FIELD WELDING APPROVAL:

(a)Field welding, when necessary, may be done on saddle plates or other non-pressure parts by non-qualified welders. Any welding, when done on pressure parts, shall be done by a qualified welder, and will enter the category of alteration to vessel, and tank shall be reinspected and tested as was originally done to requalify it under the code under which it was built.

(15)BLUEPRINTS AND DATA SHEETS:

(a)Manufacturers shall forward to the Commissioner of Agriculture two copies of the blueprints of each container of a different design prior to its delivery to any person, firm or corporation in the State of Tennessee. One is to be returned to the manufacturer approved or disapproved, such as the case may be. The other copy is to be retained in the file of the Office of the Commissioner.

(b)Manufacturer’s data report of each separate tank shall be forwarded to the Commissioner of Agriculture. It will be the dealer’s responsibility to see that the manufacturer complies with this and the above ruling. The Commissioner of Agriculture shall have on hand a copy of said data sheet before any inspection is made of said system, installation or container.

(c)Blueprints and data sheets of containers installed prior to the effective date of these rules and regulations shall be obtained and furnished to the Commissioner of Agriculture by the owner before inspection will be made and tag of approval attached authorizing use of container.

(16)PERMITS:

(a)Any person, firm, corporation, or association desiring to engage in business as a dealer in anhydrous ammonia as a fertilizer, or as a dealer in equipment used in the handling of anhydrous ammonia as a fertilizer, within the State of Tennessee shall file formal application for permit on form furnished by the Commissioner of Agriculture.

(b)Two types of permits: 1.Anhydrous Ammonia Fertilizer Dealer and/or Custom Dispensers who furnish the Anhydrous Ammonia. 2.Anhydrous Ammonia Equipment Dealer.

(c)Before any permit will be issued all applicants shall comply with the following: 1.Application shall have been approved by the Commissioner of Agriculture.

RULES AND REGULATIONS PERTAINING TO ANHYDROUSCHAPTER-0080-5-7

AMMONIA STORAGE AND EQUIPMENT ACT 2.Shall have on file in the Office of the Commissioner of Agriculture a Certificate of Liability Insurance as specified in Section 4 (c) of the Act or shall have filed bond in the amount of $25,000 as set forth in Section 4 (d): this certificate shall bear the clause that in the event the insurance or bonding company intends to cancel any or all of the policies or bonds, they will notify the Office of the Commissioner ten (10) days prior to date of cancellation. 3.Shall have properly executed Guarantee Bond in amount of $1,000.00 filed in the Office of the Commissioner of Agriculture. Section 4 (b). 4.Storage tank and location shall be approved. (Anhydrous Ammonia Fertilizer Dealer.) 5.Transportation facilities shall be approved. (Anhydrous Ammonia Fertilizer Dealer.)

History

• Authority: T.C.A. §43-1302.
• Administrative History: Original Rule certified June 5, 1974.

Tenn. Comp. R. & Regs. 0080-05-07-.04 BULK STORAGE OF ANHYDROUS AMMONIA

(1)Bulk storage containers and accessories shall qualify under basic rules.

(2)Refrigerated aboveground storage:

(a)Aboveground storage containers with a designed pressure of less than 200 psi for ASME shall be refrigerated to maintain the pressure below the pop off pressure. Refrigeration shall be accomplished as follows: 1.A minimum of one electric engine automatically controlled compressor and cooling coils. 2.A minimum of one gasoline, oil, or other fuel propelled engine operated compressor and coils maintained in standby condition; provided, however, where electric current is not available there shall be a minimum of two such engines available for use. 3.Other refrigeration units approved by the National Board of Fire Underwriters of the Commission.

(3)Protected aboveground storage:

(a)Aboveground containers of less than 250 psi for ASME and not less than 200 psi for ASME, shall be provided with a shed that extends outward from and above the height of the container, at least 3’, and roof shall be constructed of non-flammable, heat reflecting material. In lieu of the shed, a suitable sprinkling system may be installed. 1.The sprinkler system may consist of 1/2” to 3/4” pipe running along the top of the container with 1/16” drill size, perforations, space 1/2” to 1” apart on either side to allow a fine stream of water to flow down the sides of the container.

(4)No container shall have a water capacity larger than 30,000 gallons unless means are provided to refrigerate the container.

(5)No storage container shall have a shell or head thickness less than 3/16”.

RULES AND REGULATIONS PERTAINING TO ANHYDROUSCHAPTER-0080-5-7

AMMONIA STORAGE AND EQUIPMENT ACT

(6)Underground containers:

(a)All underground containers shall be buried a minimum of 24” below the surface of the ground.

All such containers shall be coated with one coat of red lead and two heavy coats of coal tar or asphalt. Any underground container that is not buried to a depth of 24” below the ground, or any container that is “mounded” over or showing above the earth shall fall under the classification of aboveground installation and must have the necessary protective devices required for such installation.

(b)Containers once installed underground shall not later be reinstalled aboveground or underground, unless they successfully withstand hydrostatic pressure retests at the pressure specified for the original hydrostatic test as required by the code under which constructed, and show no evidence of serious corrosion. Where containers are reinstalled underground, the corrosion resistant coating shall be put in good condition.

(7)Aboveground installations:

(a)Aboveground containers shall be mounted on substantial masonry supports, or structural steel supports on substantial masonry footings. These containers must be supported through a minimum arch of 120’ if masonry supports are used. 1/4” insulation shall be placed between the masonry and the tank to prevent corrosion and protect the life of the support. All such containers shall be painted with a heat reflecting paint such as white or aluminum.

(8)Storage relief valve’s vent requirement:

(a)All storage containers shall have their relief valves vented vertically and directly upwards to a point at least 15’ above the ground. Vent pipe shall not be restricted or smaller in size than the relief valve it vents. All vent pipe shall have a suitable raincap that will allow free discharge of the vapor and prevent the entrance of water, and at the bottom of each vent pipe a small hole shall be cut to allow any moisture that may collect in the vent to escape. If housed in a building or sun-shade, openings shall be provided so that full advantage of a natural ventilation may be obtained. All vent pipes shall be properly guyed.

(9)Underground installations:

(a)All underground storage containers having a water capacity in excess of 1,200 gallons, shall have perforated drain tile 6” in diameter under each side of the tank, running parallel to the tank leading into a main drain tile which empties into a catch basin. The catch basin shall have a power driven pump operating automatically to keep water away from the tanks. A hand operated water pump shall be maintained in standby condition. All drain tile shall be at least the depth of the bottom of the container, with the containers resting on firm earth, the tile on two inches of slag, rock, or gravel and covered to a depth of at least 12” with the same material. Where there are more than one tank in the same underground installation, the tile may be arranged to drain the entire installation and not necessarily each tank individually. 1.In lieu of the drain tile requirements specified herein such underground tanks may be installed on a concrete foundation and anchored at or near both ends of the tank with a metal strap of sufficient tensil strength to keep the tank firmly attached to the foundation. The amount of concrete used in the foundation shall be such that its weight shall at all times be sufficient to prevent the tank from rising out of the ground even though the tank should be completely submerged in water.

RULES AND REGULATIONS PERTAINING TO ANHYDROUSCHAPTER-0080-5-7

AMMONIA STORAGE AND EQUIPMENT ACT 2.All dealers having underground systems installed prior to the effective dates of these rules and regulations shall furnish the Office of the Commissioner of Agriculture affidavits testifying that said installations comply with rules and regulations or are equivalent thereof.

(10)Storage Areas:

(a)All areas occupied by a bulk storage installation belonging to a dealer shall be enclosed by a substantial wire fence. Fencing shall not be installed closer than 5’ to any tank. All valves shall be equipped with locking devices. Said storage areas shall have warning signs cautioning against smoking, carelessness, and the presence of unauthorized personnel.

(11)Distances between aboveground containers of over 1,200 gallons’ capacity shall be at least 5’.

(12)Electrical ground:

(a)Aboveground containers shall be grounded by an adequate and separate ground. This shall consist of a separate ground rod buried to a depth of 6’ and connected to the tank by an approved type heavy cable, attached to the tank by soldering or other approved means for a good electrical bond.

(13)Plan for approaching storage facilities:

(a)In case of multiple storage facilities, a plan must be provided to easily approach all shut-off valves used for isolating various parts of the storage facilities. This is imperative, otherwise a serious leak under certain weather conditions may blanket out completely the storage area and make approach impossible.

(14)Accessories:

(a)Wherever condensers, pumps, and compressors are used, they shall be manufactured by a reputable concern and recommended by the manufacturer for use with ammonia.

(15)All bulk storage plants shall have on hand as a minimum, the following equipment:

(a)Approved type gas mask with refill charges.

(b)One pair of rubber gloves.

(c)One pair of rubber boots.

(d)One rubber slicker and/or rubber pants and jacket.

Easily accessible shower bath and/or 50 gallon open top drum filled with water.

(e)One pair tight fitting ventless type goggles.

(f)First aid kit.

(g)Fire extinguisher.

History

• Authority: T.C.A. §43-1302.
• Administrative History: Original Rule certified June 5, 1974. RULES AND REGULATIONS PERTAINING TO ANHYDROUSCHAPTER-0080-5-7 AMMONIA STORAGE AND EQUIPMENT ACT

Tenn. Comp. R. & Regs. 0080-05-07-.05 TRUCK TRAILER EQUIPMENT

(1)Tanks qualify under basic rules and shall not exceed 1,200 gallons water capacity.

(2)Tanks shall be fastened to trailers as follows:

(a)Tanks shall be provided with substantial cradles, welded to the tanks. The cradles shall be situated directly over front and rear axles and bolted thereto.

(b)On trailers of the bed type, cross members made of channel iron or equivalent thereof, shall be placed directly across the bed and bolted to the two side members of the trailer frame, and the tank cradles bolted rigidly thereto.

(c)Tanks in use prior to the effective date of these rules and regulations, not provided with cradles shall have welded thereto, cradles or substantial lugs which shall be bolted to the trailer frame or axle in order to prevent rotating, backward or forward motion.

(d)The only two wheel type trailer that will be permissible shall be the one of the heavy cane field type or equivalent thereof, and any container installed on such a trailer shall have its centroid located 6” forward from the centroid of the trailer proper. This is to allow the trailer to tilt forwards instead of backwards in the event that the connection between the trailer and the motor vehicle should break. Installation shall be the same as in paragraph (2) of this Section.

(3)All trailers shall be firmly and securely attached to the vehicle drawing them by means of draw-bars, supplemented by safety chains.

(4)Fittings qualified under basis rules and fittings shall be protected from mechanical injury in case of over turning by means of a metal box or cylinder with open top welded to container over the fittings or by means of rigid guards, well-braced, welded on both sides of fittings, or by means of a metal dome. The thickness of said metal box, cylinder, guard, or dome shall be at least equal to that of the container to which it is being welded, and the height at least equal to that of the fittings. If a metal dome is used the relief valve shall be properly vented through the dome.

(a)If liquid withdrawal line is installed at bottom of container, the connections thereto, including hose, shall not extend downward lower than the lowest horizontal edge of the trailer axle.

Provisions shall be made whereby the hose shall be fastened to the trailer while in transit.

(5)Valve requirement:

(a)Tanks shall have excess flow valves in liquid withdrawal line and shall have positive shut-off valve attached to the excess flow valve, and if hose is used, it shall have a relief valve direct to liquid section of hose to prevent excessive pressures.

(6)Trailers shall be equipped with proper devices to drain off such static charges as may be generated.

(7)Filling of container:

(a)To assist in filling a container, a line may be attached to the vapor return valve of the container, but it will not be permissible to “bleed” a trailer tank to the open air to assist in filling, except in field filling - 100’ from public highways or adjacent properties.

History

• Authority: T.C.A. §43-1302.
• Administrative History: Original Rule certified June 5, 1974. RULES AND REGULATIONS PERTAINING TO ANHYDROUSCHAPTER-0080-5-7 AMMONIA STORAGE AND EQUIPMENT ACT

Tenn. Comp. R. & Regs. 0080-05-07-.06 TRACTOR EQUIPMENT

(1)Tanks Qualified under basic rules.

(2)Fittings qualified under basic rules.

(3)To assist in filling tractor tanks, it will be permissible to bleed tank to open air provided that the filling be done on the owners property more than 100’frorn highways or adjacent properties.

History

• Authority: T.C.A. §43-1302.
• Administrative History: Original Rule certified June 5, 1974.

Tenn. Comp. R. & Regs. 0080-05-07-.07 ROAD TRANSPORT AND TRUCK EQUIPMENT

(1)Every motor carrier and his or its officers, agents, employees, and representatives concerned with the transportation of anhydrous ammonia by motor vehicle shall become conversant with the following requirements and shall comply therewith:

(a)No motor carrier shall operate, or require or permit the operation of any vehicle engaged in the transportation of anhydrous ammonia unless compliance is made with the applicable rules and regulations prescribed by the Interstate Commerce Commission as set forth in the Motor Carrier Safety Regulations, Revised - Part 1, 2, 3, 5, 6, and 7.

(b)These requirements prescribed by the Interstate Commerce Commission in the Regulations for the Transportation of Explosives and Other Dangerous Articles by Land and Water in Rail Freight, Express, and Baggage Services, and by Motor Vehicles (Highway) and Water.

(2)The transportation by railroad of anhydrous ammonia for use as fertilizer shall be in strict accordance with ICC Rules and Regulations.

History

• Authority: T.C.A. §43-1302.
• Administrative History: Original Rule certified June 5, 1974.

Tenn. Comp. R. & Regs. 0080-05-07-.08 REPORTS

(1)All sales of tanks, applicators, and systems by Dealers to Consumers shall be reported in writing within forty-eight (48) hours; except that in the case of sales to another Dealer, no report is necessary.

(2)Any accident (fire, explosion, or collision) involving anhydrous ammonia or where anhydrous ammonia is installed or being carried by truck, shall be reported by telephone or telegraph to the Commissioner of Agriculture as soon as possible so that an investigation made be made by this office before the area is disturbed.

Tenn. Comp. R. & Regs. 0080-05-07-.09 APPLICATION OF RULES

These rules and regulations do not apply to research work under the direction of Federal and/or State Research Laboratories.

History

• Authority: T.C.A. §43-1302.
• Administrative History: Original Rule certified June 5, 1974.

Chapter 0080-05-08 Repealed

Tenn. Comp. R. & Regs. 0080-05-08-.01 REPEALED

History

• Authority: T.C.A. §§ 71-805 and 71-810.
• Administrative History: Original rule filed January 5, 1983; effective February 4, 1983. Repeal filed March 23, 2016; effective June 21, 2016.

Tenn. Comp. R. & Regs. 0080-05-08-.02 REPEALED

History

• Authority: T.C.A. §§ 71-805 and 71-810.
• Administrative History: Original rule filed January 5, 1983; effective February 4, 1983. Repeal filed March 23, 2016; effective June 21, 2016.

Chapter 0080-05-09 Repealed

Tenn. Comp. R. & Regs. 0080-05-09 Repealed

RULES

OF TENNESSEE DEPARTMENT OF AGRICULTURE

DIVISION OF QUALITY AND STANDARDS

Authority: T.C.A. § 47-26-207. Administrative History: Original rule filed June 4, 1986; effective July 4, 1986. Repeal and new rule filed January 23, 1995; effective April 8, 1995. Repeal filed March 23, 2016; effective June 21, 2016.

Chapter 0080-05-10 Commercial Fertilizer

Tenn. Comp. R. & Regs. 0080-05-10-.01 DEFINITIONS AND TERMS

The official terms and definitions for commercial fertilizers shall be those set forth in T.C.A. § 43-11-103.

History

• Authority: T.C.A. §§ 43-11-103 and 43-11-113.
• Administrative History: Original rule filed October 30, 1986; effective December 14, 1986. Amendment filed April 27, 2007; effective August 28, 2007.

Tenn. Comp. R. & Regs. 0080-05-10-.02 GUARANTEED ANALYSIS

(1) (a) A commercial fertilizer formulated according to specifications which are furnished by a consumer prior to mixing (i.e. a custom mix) shall as a minimum be labeled to show the net weight, guaranteed analysis, and the name and address of the distributor along with the name and address of the consumer. This statement shall accompany such a custom mix and be supplied to the purchaser at the time of delivery.

(b) The guaranteed analysis requirement for custom mix must be represented as a percentage of each individual nutrient or additive based on the total net weight of the custom mix; however, placement of the guaranteed analysis and the weight of each individual material or additive on the statement along with the total net weight of all materials of additives may be sufficient to satisfy the guaranteed analysis requirement.

Each distributor shall be responsible for figuring the guaranteed analysis (by net weight) upon the request of a consumer or the Commissioner or his agent. Additives such as insecticides, herbicides, or seeds must be represented on this custom mix statement so that the weights and identity of these products can be determined.

(c) Records of the guaranteed analysis statement along with other labeling requirements shall become a necessary part of the permanent records of any person selling or distributing fertilizers (as required by T.C.A. § 43-11-106) and these records shall be made available to the Commissioner or his agent upon request. The labeling of any commercial fertilizer which is stated inaccurately and not exactly shall be deemed to be misbranded and subject to all enforcement provisions of T.C.A. Title 43, Chapter 11 and/or rules and regulations promulgated thereof.

History

• Authority: T.C.A. § 43-11-113.
• Administrative History: Original rule filed October 30, 1986; effective December 14, 1986.

Tenn. Comp. R. & Regs. 0080-05-10-.03 PERCENTAGES

(1) (a) The word percentage or the symbol (%), when used on a fertilizer label, shall represent only the amount of individual plant nutrients in relation to the total product by weight.

(b) When a plant nutrient guarantee is broken down into the component forms, the percentage for each component shall be shown before the name of the form.

EXAMPLE: 4% Nitrate Nitrogen.

History

• Authority: T.C.A. § 43-11-113.
• Administrative History: Original rule filed October 30, 1986; effective December 14, 1986.

Tenn. Comp. R. & Regs. 0080-05-10-.04 PLANT NUTRIENTS

Plant nutrients in addition to nitrogen, phosphorus, and potassium shall be registered and shall be guaranteed. Guarantees shall be made on the elemental basis. Sources of the elements guaranteed and proof of availability shall be provided to the Commissioner upon request.

The minimum percentages which will be accepted for registration are as follows:

ELEMENT %

Calcium (Ca) 1.0000 Magnesium (Mg) 0.5000 Sulfur (S) 1.0000 Boron (B) 0.0200 Chlorine (CI) 0.1000 Cobalt (Co) 0.0005 Copper (Cu) 0.0500 Iron (Fe) 0.1000 Manganese (Mn) 0.0500 Molybdenum (Mo) 0.0005 Sodium (Na) 0.1000 Zinc (Zn) 0.0500 Guarantees or claims for the plant nutrients listed in Regulation No. 0080-05-10-.04 are the only ones which will be accepted. Proposed labels and directions for the use of the fertilizer shall be furnished with the application for registration upon request by the Commissioner or his agent. Any of the elements listed in Regulation No. 0080-05-10-.04 which are guaranteed shall appear in the order listed immediately following guarantees for the primary nutrients of nitrogen, phosphorus, and potassium.

History

• Authority: T.C.A. § 43-11-113.
• Administrative History: Original rule filed October 30, 1986; effective December 14, 1986.

Tenn. Comp. R. & Regs. 0080-05-10-.05 MINIMUM REQUIRED LABELING

The following information, in the format presented, is the minimum required of all fertilizer labels. For packaged products, this information shall either: (1) appear on the front or back of the package, (2) occupy at least the upper-third of a side of the package or, (3) be printed on a tag and attached to the package. This information shall be in a readable and conspicuous form. For bulk products, this same information in written or printed form shall accompany delivery and be supplied to the purchaser at the time of delivery.

(1) (a) Net weight.

(b) Brand.

(c) Grade (Provided that the grade shall not be required when no primary nutrients are claimed).

(d) Guaranteed Analysis.* Total Nitrogen (N)** ....................................................................................._______% ______% Ammoniacal Nitrogen ______% Nitrate Nitrogen ______% Water Insoluble Nitrogen ______% Urea Nitrogen ______% (Other recognized and determinable forms of N)

Available Phosphoric Acid (P205) ..................................................................% Soluble Potash (K2O) .....................................................................................% (Other nutrients, elemental basis)*** ............................................................._______% (e) Sources of nutrients, when shown on the label, shall be listed below the completed guaranteed analysis statement.

(f) Name and address of the registrant excepting custom mixed fertilizers which shall be required to have the distributor’s name and address if that distributor mixes or commingles two or more fertilizer materials.

History

• Authority: T.C.A. § 43-11-113.
• Administrative History: Original rule filed October 30, 1986; effective December 14, 1986.

Tenn. Comp. R. & Regs. 0080-05-10-.06 LABELING OF SLOWLY RELEASED PLANT NUTRIENTS

(1) (a) No fertilizer label shall bear a statement that connotes or implies that certain plant nutrients contained in a fertilizer are released slowly over period of time, unless the nutrient or nutrients are identified and guaranteed.

(b) Types of products with slow release properties recognized are (1) water insoluble (N products only), such as natural organics, urea-formaldehyde, IBDU, oxamide, etc., (2) coated slow release, such as sulfur coated urea and other encapsulated soluble fertilizers, and (3) occluded slow release, where fertilizers or fertilizer materials are mixed with waxes, resins, or other inert materials and formed into particles. The terms, “water insoluble, coated slow release, and occluded slow release” are accepted as descriptive of these products, respectively, provided the manufacturer can show a testing program substantiating the claim (testing under guidance of University of Tennessee Experiment Station personnel or a recognized reputable researcher acceptable to the Commissioner for evaluating the release characteristics of the product(s), must also be provided by the manufacturer.

(c) To supplement Regulation No. 0080-05-10-.06 (b) when the nitrogen is organic, it should be established that if a label states the amount of organic nitrogen present in a phrase such as “nitrogen in organic form equivalent to X%N”, then the water insoluble nitrogen guarantee must not be less than 60% of the nitrogen so designated. For example: If the total nitrogen guarantee for a fertilizer is 10% and the label states, “Nitrogen in organic form equivalent to 2.5%N” then the WIN guarantee must not be less than 1.5% (2.5% x 0.6 = 1.5%).

(d) When a slowly released nutrient is less than 15% of the guarantee for either total nitrogen (N), available phosphoric acid (P2O5), or soluble potash (K2O), as appropriate, the label shall bear no reference to such designations. *Zero (0) guarantees for nutrients other than the primary nutrients should not be made and shall not appear in the statement. **If chemical forms of N are claimed or required, the form shall be shown and the percentages of the individual forms shall add up to the total nitrogen. ***As prescribed by Regulation No. 0080-05-10-.04.

History

• Authority: T.C.A. § 43-11-113.
• Administrative History: Original rule filed October 30, 1986; effective December 14, 1986.

Tenn. Comp. R. & Regs. 0080-05-10-.07 LABELING OF SOIL CONDITIONERS

(1) (a) Each container of a soil conditioner shall be labeled in a legible and conspicuous form to show the following information:

1. The net weight of the contents.

2. The name of the product.

3. The guaranteed analysis, including the common or usual English name and the percentage of each active ingredient, and the name and percentage of inert ingredients.

4. A statement as to the purpose of the product stated in terms of the claimed or beneficial effect resulting from the use of the product.

5. Adequate directions for use and cautions or warnings against misuse if applicable.

6. The name and address of the registrant.

(b) Bulk lots shall be labeled by attaching a copy of a printed label to the invoice or by inclusion on the invoice of all information required in Regulation No. 0080-05-10-.07 (a).

The invoice shall be furnished to the purchaser at the time of sale or delivery.

(c) No soil conditioning ingredient may be listed or guaranteed on the label or in labeling of soil conditioner without the Commissioner’s approval. The Commissioner may require proof of any claim or claims made for any soil conditioner. For evidence of proof, the Commissioner may rely on experimental evaluations, or advice supplied from such sources as the University of Tennessee Extension Service. The Commissioner may accept or reject other sources of proof as additional evidence in evaluating soil conditioners.

History

• Authority: T.C.A. § 43-11-113.
• Administrative History: Original rule filed October 30, 1986; effective December 14, 1986.

Tenn. Comp. R. & Regs. 0080-05-10-.08 INSPECTION FEES

The inspection of any records which are requested by the Commissioner or his agent in order to determine accurately the tonnage sold by a distributor or a registrant in this state shall be done during reasonable hours which shall mean any time that the distributor or registrant is available to do business with the public.

History

• Authority: T.C.A. § 43-11-113.
• Administrative History: Original rule filed October 30, 1986; effective December 14, 1986.

Tenn. Comp. R. & Regs. 0080-05-10-.09 LICENSE FEES AND TONNAGE REPORTS

(1) Annual statement. Every person required to have a commercial fertilizer license shall file with the department on or before July 1 an annual statement indicating the number of net tons and number of commercial fertilizer products the person distributed in the state during the previous calendar year (January 1 – December 31).

(2) License fee. Every person required to have a commercial fertilizer license shall pay an annual license fee based on the weight and number of commercial fertilizer products distributed in the state during the previous calendar year (January 1 – December 31), as reported in the annual statement.

(a) Weight. The weight component of the license fee shall be determined by dividing the total number of tons of commercial fertilizer distributed by 1,000 tons and multiplying the dividend by a Tier 5 fee under T.C.A. § 43-1-703(f). In no event shall any person pay less than a Tier 3 fee under T.C.A. § 43-1-703(f) for the weight component of an annual license fee under this chapter.

(b) Products. The products component of the license fee shall be determined by subtracting 10 products from the total number of commercial fertilizer products distributed and multiplying the difference by a Tier 2 fee under T.C.A. § 43-1-703(f).

The products component shall not apply to any person who distributed 10 commercial fertilizer products or less during the previous calendar year.

(c) The annual fee for a commercial fertilizer license shall be the sum of the weight component and products component calculated under this rule.

History

• Authority: T.C.A. §§ 4-3-203, 43-1-703, 43-11-104, and 43-11-113.
• Administrative History: Original rule filed October 30, 1986; effective December 14, 1986. Amendment filed May 24, 2001; effective September 28, 2001. Amendments filed March 24, 2016; effective June 22, 2016. Amendments filed March 30, 2017; effective June 28, 2017.

Tenn. Comp. R. & Regs. 0080-05-10-.10 INVESTIGATIONAL ALLOWANCES

(1) (a) A commercial fertilizer shall be deemed deficient if the analysis of any nutrient is below the guarantee by an amount exceeding the values in the following schedule* Guaranteed percent Nitrogen percent Available Phosphoric acid, percent Potash percent 04 or less 0.49 0.67 0.41 05 0.51 0.67 0.43 06 0.52 0.67 0.47 07 0.54 0.68 0.53 08 0.55 0.68 0.60 09 0.57 0.68 0.65 10 0.58 0.69 0.70 12 0.61 0.69 0.79 14 0.63 0.70 0.87 16 0.67 0.70 0.94 18 0.70 0.71 1.01 20 0.73 0.72 1.08 22 0.75 0.72 1.15 24 0.78 0.73 1.21 26 0.81 0.73 1.27 28 0.83 0.74 1.33 30 0.86 0.75 1.39 32 or more 0.88 0.76 1.44 For guarantees not listed, calculate the appropriate value by interpolation.

(b) Secondary and minor elements shall be deemed deficient if any element is below the guarantee by an amount exceeding the values in the following schedule:

ELEMENTS ALLOWABLE DEFICIENCY

Calcium ) 0.2 unit +5% of guarantee Magnesium ) 0.2 unit + 5% of guarantee Sulfur ) 0.2 unit + 5% of guarantee Boron ) 0.003 unit + 15% of guarantee Cobalt ) 0.0001 unit + 30% of guarantee Molybdenum ) 0.0001 + 30% of guarantee Chlorine ) 0.005 + 10% of guarantee Copper ) 0.005 unit + 10% of guarantee Iron ) 0.005 unit + 10% of guarantee Manganese ) 0.005 unit + 10% of guarantee Sodium ) 0.005 unit + 10% of guarantee Zinc ) 0.005 unit + 10% of guarantee *For these investigational allowances to be applicable, the recommended AOAC procedures for obtaining samples, preparation and analysis must be used, unless a proven variation of such procedures is acceptable to the Commissioner. AOAC Procedures are described in Official Methods qf Analysis of the Association of Official Analytical Chemists. In evaluating replicate data, Table 19, page 935, Journal of the Association of Official Analytical Chemists, Volume 49, No. 5, October, 1966, should be followed.

The maximum allowance when calculated in accordance to the above shall be 1 unit (1%).

History

• Authority: T.C.A. § 43-11-113.
• Administrative History: Original rule filed October 30, 1986; effective December 14, 1986.

Tenn. Comp. R. & Regs. 0080-05-10-.11 PLANT FOOD DEFICIENCY

(1) (a) Any penalty assessed by the Commissioner for a deficiency in an official sample of fertilizer of any primary, secondary, or micro nutrient shall be paid by the registrant if there is a deficiency in a fertilizer material or mixture which is sold and sampled in the same form and condition as delivered to the distributor or consumer. The assessed deficiency penalty shall otherwise be paid by the distributor when the distributor mixes or commingles any fertilizer materials or mixtures received from a registrant such that the guaranteed analysis would be rendered uncontrollable by the registrant.

(b) A deficiency penalty will be based on the commercial value of total nitrogen (N), available phosphoric acid (P2O5), soluble potash (K2O), and secondary and micro nutrients. Any deficiency of a primary, secondary, or micro nutrient beyond the investigational allowance for such nutrient shall be assessed a penalty to the amount of three (3) times the commercial value of said deficiency.

History

• Authority: T.C.A. § 43-11-113.
• Administrative History: Original rule filed October 30, 1986; effective December 14, 1986.

Tenn. Comp. R. & Regs. 0080-05-10-.12 ADULTERATION

(1) Commercial fertilizers that contain guaranteed amounts of phosphates and/or micronutrients are adulterated when they contain metals in amounts greater than the levels for metals in fertilizers established by the American Association of Plant Food Control Officials Statement of Uniform Interpretation and Policy number 25 as found at www.aapfco.org.

(2) Hazardous waste derived fertilizers as defined by the United States Environmental Protection Agency shall be adulterated when they exceed the levels of metals permitted by the United States Environmental Protection Agency in the Code of Federal Regulations at 40 Code of Federal Regulations Parts 261, 266 and 268.

History

• Authority: T.C.A. §§ 43-11-103, 43-11-113, and 43-11-124. Administration History: Original rule filed April 27, 2007; effective August 28, 2007.

Chapter 0080-05-11 Reserved

Tenn. Comp. R. & Regs. 0080-05-11 Reserved

RULES

OF TENNESSEE DEPARTMENT OF AGRICULTURE

Chapter 0080-05-12 Kerosene and Motor Fuels Quality Inspection Regulations

Tenn. Comp. R. & Regs. 0080-05-12-.01 DEFINITIONS

(1) “ASTM” (Formerly The American Society for Testing and Materials) means ASTM International, the international voluntary consensus standards organization formed for the development of standards on characteristics and performance of materials, products, systems, and services and the promotion of related knowledge.

(2) “Antiknock Index (AKI)” means the arithmetic average of the Research Octane Number (RON) and Motor octane number (MON): AKI = (RON+MON)/2. This value is called by a variety of names, in addition to antiknock index, including: Octane rating, Posted octane, (R+M)/2 octane.

(3) “Automotive Fuel Rating” or “fuel rating” means the automotive fuel rating required under the amended Octane Certification and Posting Rule (or as amended, the Fuel Rating Rule), 16 CFR Part 306. Under this Rule, sellers of liquid automotive fuels, including alternative fuels, must determine, certify, and post an appropriate automotive fuel rating. The automotive fuel rating for gasoline and gasoline blending stock is the antiknock index (octane rating). The automotive fuel rating for alternative liquid fuels consists of the common name of the fuel along with a disclosure of the amount, expressed as a minimum percentage by volume, of the principal component of the fuel. For alternative liquid automotive fuels, a disclosure of other components, expressed as a minimum percentage by volume, may be included, if desired. For non-liquid alternative fuels not covered under 16 CFR Part 306, those covered under 16 CFR Part 309 shall be covered under this fuel rating definition.

(4) “Automotive Gasoline, Automotive Gasoline-Oxygenate Blend” means a type of fuel suitable for use in spark-ignition automobile engines generally containing small amounts of fuel additives and also commonly used in marine and nonautomotive applications.

(5) “Aviation Gasoline” means a type of gasoline suitable for use as a fuel in an aviation sparkignition internal combustion engine.

(6) “Aviation Turbine Fuel” means a refined middle distillate suitable for use as a fuel in an aviation gas turbine internal combustion engine.

(7) “Biodiesel” (Biodiesel Fuel Blend Stock) means a fuel comprised of mono-alkyl esters of long chain fatty acids derived from vegetable oils or animal fats.

(8) “Biodiesel Blend” means a fuel comprised of a blend of more than five percent by volume or more biodiesel with petroleum-based diesel fuel, that may contain fuel additives.

(9) “Butanol” means butyl alcohol, the chemical compound C4H9OH, a colorless substance existing in four isomeric forms.

(10) “CBOB” means Conventional Blendstock for Oxygenate Blending, gasoline blendstock which could become a conventional gasoline-oxygenate blend solely upon the addition of an oxygenate.

(11) “Cetane Number” means a numerical measure of the ignition performance of a diesel fuel obtained by comparing it to reference fuels in a standardized engine test.

(12) “Commissioner” means the Commissioner of the Tennessee Department of Agriculture or a departmental employee designated by the Commissioner to act as his representative for purposes of these rules.

(13) “Compressed Natural Gas (CNG)” means natural gas which has been compressed and dispensed into fuel storage containers and is suitable for use as an engine fuel.

(14) “Conventional-Fuel Vehicle” means a vehicle designed to operate on spark-ignition engine fuel that complies with ASTM D4814 standards.

Note: This definition is for the purpose of these regulations. Diesel vehicles may operate on conventional compression-ignition engine fuel. Diesel fuel and diesel engines are outside the scope of this definition.

(15) “Denatured Fuel Ethanol”, means an ethanol blend component for use in gasoline-ethanol blends, Mid-Level Ethanol Blends and Ethanol Flex Fuel for use in spark-ignition internal combustion engines. The ethanol is rendered unfit for beverage use by the addition of denaturants under formulas approved by the Alcohol and Tobacco Tax and Trade Bureau.

ASTM D4806 describes the acceptable denaturants for denatured fuel ethanol to be blended into engine fuels.

(16) “Department” means the Tennessee Department of Agriculture.

(17) “Diesel Fuel” means a refined middle distillate suitable for use as a fuel in a compressionignition (diesel) internal combustion engine that may contain fuel additives.

(18) “Ethanol Flex Fuels” means a blend of ethanol and hydrocarbons restricted for use as fuel in ground vehicles equipped with ethanol flexible-fuel spark-ignition engines.

(19) “Engine Fuel” means any liquid or gaseous matter used for the generation of power in an internal combustion engine that meets the applicable product specification.

(20) “EPA” means the United States Environmental Protection Agency.

(21) “Ethanol” also known as denatured fuel ethanol and ethyl alcohol, means an ethanol blend component for use in gasoline-ethanol blends, Mid-Level Ethanol Blends and Ethanol Flex Fuel for use in spark-ignition internal combustion engines. The ethanol is rendered unfit for beverage use by the addition of denaturants under formulas approved by the Alcohol and Tobacco Tax and Trade Bureau. ASTM D4806 describes the acceptable denaturants for denatured fuel ethanol to be blended into engine fuels.

(22) “Flexible-Fuel Vehicle” means a vehicle designed to operate on either unleaded gasoline or ethanol flex fuel blends or mixtures or both. Flexible-Fuel Vehicles may also be designed to run on M85 Fuel Methanol.

(23) “Fuel Additive” means a material added to a fuel in small amounts not to exceed 1.0 percent by volume to impart or enhance desirable properties or to suppress undesirable properties.

(24) “Fuel Oil” means refined oil middle distillates, heavy distillates, or residues of refining, or blends of these, suitable for use as a fuel for heating or power generation that may contain fuel additives.

(25) “Gasoline” means a volatile mixture of liquid hydrocarbons generally containing small amounts of fuel additives suitable for use as a fuel in a spark-ignition internal combustion engine.

(26) “Gasoline-Oxygenate Blend” means a fuel consisting primarily of gasoline along with a substantial amount (more than 0.35 mass percent oxygen, or more than 0.15 mass percent oxygen if methanol is the oxygenate) of one or more oxygenates not to exceed the total oxygen content permitted by applicable laws and regulations.

(27) “Hydrogen Fuel” means a fuel composed of the molecular hydrogen intended for consumption in a surface vehicle or electricity production device with an internal combustion engine or fuel cell.

(28) “Internal Combustion Engine” means a device used to generate power by converting chemical energy bound in the fuel via spark-ignition or compression ignition engine combustion into mechanical work to power a vehicle or other device.

(29) “Kerosene (or Kerosine)” means refined oil intended for heating or illuminating use.

(30) “Lead Substitute” means an EPA-registered gasoline additive suitable, when added in small amounts to fuel, to reduce or prevent exhaust valve recession (or seat wear) in automotive spark-ignition internal combustion engines designed to operate on leaded fuel.

(31) “Lead Substitute Engine Fuel” means, for labeling purposes, a gasoline or gasolineoxygenate blend that contains a “lead substitute.”

(32) “Leaded” means, for labeling purposes, any gasoline or gasoline-oxygenate blend which contains more than 0.013 gram lead per liter (0.05 g lead per U.S. gal).

NOTE: EPA defines leaded fuel as one which contains more than 0.0013 gram phosphorus per liter (0.005 g per U.S. gal), or any fuel to which lead or phosphorus is intentionally added.

(33) “Liquefied Natural Gas (LNG)” means natural gas that has been liquefied at -162°C (-260°F) and stored in insulated cryogenic tanks for use as an engine fuel.

(34) “Liquefied Petroleum Gas (LPG)” means a mixture of normally gaseous hydrocarbons, predominantly propane, that has been liquefied by compression or cooling, or both to facilitate storage, transport, and handling for use as a motor fuel.

(35) “Low Temperature Operability” means a condition which allows the uninterrupted operation of a diesel engine through the continuous flow of fuel throughout its fuel deli very system at low temperatures. Fuels with adequate low temperature operability characteristics have the ability to avoid wax precipitation and clogging in fuel filters.

(36) “Lubricity” means a qualitative term describing the ability of a fluid to affect friction between, and wear to, surfaces in relative motion under load.

(37) “M85 Fuel Methanol” means automotive spark-ignition engine fuel blends of methanol and hydrocarbons, for use in ground vehicles equipped with M85 flexible-fuel spark-ignition engines.

(38) “Motor Octane Number” means a numerical indication of a spark-ignition engine fuel's resistance to knock obtained by comparison with reference fuels in a standardized ASTM D2700 Motor Method engine test.

(39) “Oxygen Content of Gasoline” means the percentage of oxygen by mass contained in a gasoline.

(40) “Oxygenate” means an oxygen-containing, ashless, organic compound, such as an alcohol or ether, which can be used as a fuel or fuel supplement.

(41) “Person” means an individual, partnership, corporation, company, firm, association, or other business entity.

(42) “Racing Gasoline” means a specialty product similar in nature to automotive gasoline except that it is typically of lower volatility, has a narrower boiling range and a higher antiknock index, and is generally free of significant amounts of oxygenates. It is designed for use in vehicles with high compression engines, generally for racing purposes.

(43) “Refinery” means any facility, including but not limited to, a plant, tanker truck, or vessel where gasoline or diesel fuel is produced, including any facility at which blendstocks are combined to produce gasoline or diesel fuel, or at which blendstock is added to gasoline or diesel fuel.

(44) “Research Octane Number” means a numerical indication of a spark-ignition engine fuel's resistance to knock obtained by comparison with reference fuels in a standardized ASTM D2699 Research Method engine test (45) “Thermal Stability” means the ability of a fuel to resist the thermal stress which is experienced by the fuel when exposed to high temperatures in a fuel delivery system. Such stress can lead to formation of insoluble gums or organic particulates. Insolubles (gums or organic particulates) can clog fuel filters and contribute to injector deposits.

(46) “Total Oxygenate” means the aggregate total in volume percent of all oxygenates contained in any fuel defined in this Chapter.

(47) “Unleaded” in conjunction with “engine fuel” or “gasoline” means any gasoline or gasolineoxygenate blend to which no lead or phosphorus compounds have been intentionally added and which contains not more than 0.013 gram lead per liter (0.05 g lead per U.S. gal) and not more than 0.0013 gram phosphorus per liter phosphorus per U.S. gal.

History

• Authority: T. C.A. §§ 4-3-203 and 47-18-1309.
• Administrative History: Original rule filed April 6, 1990; effective May 21, 1990. Amendment filed August 31, 2000; effective December 29, 2000. Amendments filed June 22, 2005; effective October 28, 2005. Emergency rule filed April 27, 2006; expired on October 9, 2006. On October 10, 2006, rule reverted to status in effect October 28, 2005. Amendment filed February 6, 2007; effective June 28, 2007. Repeal and new rule filed September 4, 2014; effective December 3, 2014.

Tenn. Comp. R. & Regs. 0080-05-12-.02 STANDARD SPECIFICATIONS

(1) Gasoline and Gasoline-Oxygenate Blends (as set forth in this regulation) shall meet the following requirements:

(a) The most recent version of ASTM D4814, “Standard Specification for Automotive Spark Ignition Engine Fuel” except for the permissible offsets for ethanol blends as provided in section 0080-05-12-.02(1)(b).

(b) Gasoline-Ethanol Blends - When gasoline is blended with ethanol, the ethanol shall meet the latest version of ASTM D4806, “Standard Specification for Denatured Fuel Ethanol for Blending with Gasoline for Use as Automotive Spark-Ignition Fuel” and the final blend shall meet the latest version of ASTM D4814 “Standard Specification for Automotive Spark-Ignition Engine Fuel” with the following permissible exceptions. The maximum vapor pressure shall not exceed the ASTM D4814 limits by more than:

1. 1.0 psi for blends containing 9 to 10 volume percent ethanol from June 1 through September 15, in accordance with 40 CFR Part 80.27(d);

2. 1.0 psi for blends containing one or more volume percent ethanol for volatility Classes A, B, C and D from September 16 through May 31;

3. 0.5 psi for blends containing one or more volume percent ethanol for volatility Class E from September 16 through May 31.

4. Notwithstanding vapor pressure exemptions authorized under this rule, the department adopts as a substitute standard any provision of federal law that is in conflict with an ASTM standard.

(c) The maximum concentration of oxygenates contained in gasoline-oxygenate blends shall be those permitted by the EPA under Section 211 of the Clean Air Act and applicable waivers. All conditions stipulated in the EPA waivers also apply. Gasoline oxygenate content specifications based on vehicle performance and operability that are stipulated within ASTM D4814 will govern when those limits are more restrictive than those established by the EPA for purposes of controlling emissions and the durability of emissions related equipment.

(d) Minimum Antiknock Index (AKI) - the AKI shall not be less than the AKI posted on the product dispenser or as certified on the invoice, bill of lading, shipping paper, or other documentation.

(e) Minimum Motor Octane Number - the minimum motor octane number shall not be less than 82 for gasoline or gasoline-oxygenate blends .

(f) Minimum Lead Content to Be Termed (Leaded) - gasoline and gasoline-oxygenate blends sold as “leaded” shall contain a minimum of 0.013 gram of lead per liter (0.05 g per U.S. gal).

(g) Lead Substitute Gasoline - gasoline and gasoline-oxygenate blends sold as “lead substitute” gasoline shall contain a lead substitute which provides protection against exhaust valve seat recession equivalent to at least 0.026 gram of lead per liter (0.10 g per U.S. gal).

1. Documentation of Exhaust Valve Seat Protection - upon the request of the Commissioner, the lead substitute additive manufacturer shall provide documentation to the Commissioner that demonstrates that the treatment level recommended by the additive manufacturer provides protection against exhaust valve seat recession equivalent to or better than 0.026 gram per liter (0.1 g/gal) lead.

2. The Commissioner may review the documentation and approve the lead substitute additive before such additive is blended into gasoline. This documentation shall consist of:

(i) Test results as published in the Federal Register by the EPA Administrator as required in Section 211(f)(2) of the Clean Air Act, or;

(ii) Until such a time as the EPA Administrator develops and publishes a test procedure to determine the additive's effectiveness in reducing valve seat wear, test results and description of the test procedures used in comparing the effectiveness of 0.026 gram per liter lead and the recommended treatment level of the lead substitute additive shall be provided.

(h) Blending - Leaded, lead substitute, and unleaded gasoline-oxygenate blends shall be blended according to the EPA “substantially similar” rule or an EPA waiver for unleaded fuel.

(2) Diesel Fuel shall meet the most recent version of ASTM D975, “Standard Specification for Diesel Fuel Oils.”

(a) Diesel shall have a maximum haze rating of 2 per ASTM D4176 “Standard Test Method for Free Water and Particulate Contamination in Distillate Fuels (Visual Inspection Procedures)” at 25°C (77°F). This requirement will not apply to any bulk fuel storage tank whereby the product contained therein is being reconditioned and withheld from sale. At such time any reconditioned product is offered for sale, the haze rating standard stipulated in this section shall apply.

(b) Premium Diesel Fuel - All diesel fuels identified on retail dispensers, bills of lading, invoices, shipping papers, or other documentation with terms such as premium, super, supreme, plus, or premier must conform to the following requirements:

1. Cetane Number - A minimum cetane number of 47.0 as determined by ASTM Standard Test Method D613.

2. Low Temperature Operability - A cold flow performance measurement which meets the ASTM D975 tenth percentile minimum ambient air temperature charts and maps by either ASTM Standard Test Method D2500 (Cloud Point) or ASTM Standard Test Method D4539 (Low Temperature Flow Test, LTFT). Low temperature operability is only applicable October 1 - March 31 of each year.

3. Thermal Stability - A minimum reflectance measurement of 80 percent as determined by ASTM Standard Test Method D6468 (180 minutes, 150°C [302°F]).

4. Lubricity - A maximum wear scar diameter of 520 microns as determined by ASTM D6079. If an enforcement jurisdiction’s single test of more than 560 microns is determined, a second test shall be conducted. If the average of the two tests is more than 560 microns, the sample does not conform to the requirements of this part.

(3) Aviation Turbine Fuels shall meet the most recent version of the following standards, as applicable:

(a) ASTM D1655, “Standard Specification for Aviation Turbine Fuels”.

(b) ASTM D7223, “Standard Specification for Aviation Certification Turbine Fuel”.

(c) ASTM D7566, “Standard Specification for Aviation Turbine Fuel Containing Synthesized Hydrocarbons”.

(d) ASTM D6615, “Standard Specification for Jet B Wide-Cut Aviation Turbine Fuel”.

(4) Aviation Gasoline shall meet the most recent version of the following standards, as applicable:

(a) ASTM D910, “Standard Specification for Aviation Gasoline”.

(b) ASTM D6227, “Standard Specification for Grades UL 82 and UL87 Unleaded Aviation Gasoline”.

(c) ASTM D7547, “Standard Specification for Unleaded Only Aviation Gasoline”.

(5) Fuel Oils shall meet the most recent version of ASTM D396, “Standard Specification for Fuel Oils”.

(6) Kerosene (Kerosine) shall meet the most recent version of ASTM D3699, “Standard Specification for Kerosine”.

(7) Ethanol intended for blending with gasoline shall meet the most recent version of ASTM D4806, “Standard Specification for Denatured Fuel Ethanol for Blending with Gasolines for Use as Automotive Spark-Ignition Engine Fuel”.

(8) Liquefied Petroleum (LP) Gases Intended for Use as Motor Fuel shall meet ASTM D1835, “Standard Specification for Liquefied Petroleum (LP) Gases”.

(9) Ethanol Flex Fuel blends are covered by one of two ASTM standards based upon the ethanol concentration of the blend:

(a) Ethanol Flex Fuel blends containing 51 to 83 volume percent ethanol shall meet the latest version of ASTM D5798, “Standard Specification for Ethanol Fuel Blends for Flexible-Fuel Automotive Spark-Ignition Engines”; and (b) Ethanol Flex Fuel Blends containing 16 to 50 volume percent ethanol shall be blended, stored and conveyed for consumption in accordance with the recommendations and requirements included in the latest version of ASTM D7794, “Standard Practice for Blending Mid-Level Ethanol Fuel Blends for Flexible-Fuel Vehicles with Automotive Spark-Ignition Engines”. ASTM D4814 does not apply to this classification of fuel.

(10) M85 Fuel Methanol shall meet the most recent version of ASTM D5797, “Standard Specification for Fuel Methanol M70-M85 for Automotive Spark-Ignition Engines.”

(11) Racing Gasoline shall meet the following requirement:

(a) “Minimum Antiknock Index (AKI)” the AKI shall not be less than the AKI posted on the product dispenser or as certified on the invoice, bill of lading, shipping paper, or other documentation.

(b) The minimum product specifications shall be those as declared by the manufacturer’s product specifications. Upon the request of the Commissioner, each conveyor of racing gasoline shall provide the Department with a copy of the manufacturer’s product specifications.

(12) Biodiesel (Biodiesel Fuel Blend Stock) intended for blending with diesel fuel shall meet the most recent version of ASTM D6751, “Standard Specification for Biodiesel Fuel (B100) Blend Stock for Distillate Fuels.” All biodiesel blend stock shall be at least 99% biodiesel (no more than 1% diesel fuel). Any blend stock less than 99% biodiesel shall not be used as a commercial blend stock for biodiesel blends without the permission of the Commissioner.

(13) Biodiesel Blends and Diesel Fuel Containing Biodiesel - All blends of biodiesel and diesel fuels shall be blended with biodiesel blend stock that meets the requirement of 0080-05-12- .02(12), and also shall meet the following requirements:

(a) Blends that contain less than or equal to 5% by volume biodiesel must meet the latest version of ASTM D975, “Standard Specification for Diesel Fuel Oils” and shall be sold as diesel fuel. In addition, the fuel shall have a maximum haze rating of 2 per ASTM D4176 “Standard Test Method for Free Water and Particulate Contamination in Distillate Fuels (Visual Inspection Procedures)” at 25°C (77°F). This requirement will not apply to any bulk fuel storage tank whereby the product contained therein is being reconditioned and withheld from sale. At such time any reconditioned product is offered for sale, the haze rating standard stipulated in this section shall apply;

(b) Blends greater than 5% by volume biodiesel and less than or equal to 20% by volume biodiesel shall meet the most recent edition of ASTM D7467 “Standard Specification for Diesel Fuel Oil, Biodiesel Bend (B6 to B20)”. In addition, the fuel shall have a maximum haze rating of 2 per ASTM D4176 “Standard Test Method for Free Water and Particulate Contamination in Distillate Fuels (Visual Inspection Procedures)” at 25°C (77°F). This requirement will not apply to any bulk fuel storage tank whereby the product contained therein is being reconditioned and withheld from sale. At such time any reconditioned product is offered for sale, the haze rating standard stipulated in this

section shall apply;

(c) Biodiesel Conveyed at Public Retail Sale Points - Biodiesel conveyed at retail sale points that are available to the general consuming public shall not exceed 20% by volume.

(14) Hydrogen Fuel for Fuel Cell Vehicles shall meet the most recent edition of SAE J2719 “Hydrogen Fuel Quality for Fuel Cell Vehicles”. At such time that ASTM establishes a standard for Hydrogen fuel, the most recent edition of the ASTM standard specification(s) shall replace SAE J2219 as the Standard Specification for Hydrogen Fuel Quality.

(15) Compressed Natural Gas (CNG) shall meet the most recent edition of SAE J1616, “Recommended Practice for Compressed Natural Gas Vehicle Fuel”. At such time that ASTM develops applicable standards for natural gas, those standards shall prevail as rule.

(16) Liquefied Natural Gas (LNG) Vehicle Fuel shall meet the most recent edition of SAE J2699 “Liquified Natural Gas (LNG) Vehicle Fuel”. At such time that ASTM develops applicable standards for natural gas, those standards shall prevail as rule.

(17) Butanol for Blending with Gasoline shall meet the most recent edition of ASTM D7862, “Standard Specification for Butanol Blending with Gasoline for Use as Automotive Spark- Ignition Engine Fuel”.

(18) Diemethyl Ether for Fuel Purposes shall meet the most recent edition of ASTM D7901 “Standard Specification for Dimethyl Ether for Fuel Purposes.”

(19) Fuel Additives applied to products included in these regulations must be used in accordance with the definition of a fuel additive as stated in section 0080-05-12-.01 Definitions.

History

• Authority: T.C.A. §§ 4-3-203, 47-18-1304, and 47-18-1309.
• Administrative History: Original rule filed April 6, 1990; effective May 21, 1990. Amendment filed August 31, 2000; effective December 29, 2000. Amendments filed June 22, 2005; effective October 28, 2005. Emergency rule filed April 27, 2006; expired on October 9, 2006. On October 10, 2006, rule reverted to status in effect October 28, 2005. Amendment filed February 6, 2007; effective June 28, 2007. Public necessity rule filed September 5, 2007; effective through February 17, 2008. Amendments filed November 30, 2007; effective February 13, 2008. Repeal and new rule filed September 4, 2014; effective December 3, 2014. Amendment filed March 5, 2020; effective June 3, 2020.

Tenn. Comp. R. & Regs. 0080-05-12-.03 CLASSIFICATION AND METHOD OF SALE

(1) General Considerations (a) Documentation - when products regulated by this rule are sold, product transfer documents such as an invoice, bill of lading, shipping paper or other documentation, must accompany each delivery other than a retail sale. This document must identify the quantity, the name of the product, the particular grade of the product, the automotive fuel rating (fuel rating), as applicable, the manganese or MMT content when applicable, the oxygenate type and content when applicable, the name and address of the seller and buyer, and the date and time of the sale. Documentation must be retained at the retail establishment for a period not less than 30 days.

(b) Retail Dispenser Labeling - all retail gasoline and gasoline oxygenate blend dispensing devices must be labeled or otherwise decaled in such a manner that the type of product being offered is clear and conspicuous to the potential customer and must be labeled with the particular grade of the product, and the applicable automotive fuel rating. All retail dispensing devices of other products covered by this regulation must be labeled with the name of the product (e.g., diesel), the particular grade of the product (with exceptions noted within these rules), and the automotive fuel rating (fuel rating), as applicable.

(c) Grade Name - the sale of any product under any grade name that indicates to the purchaser that it is of a certain automotive fuel rating or ASTM grade shall not be permitted unless the automotive fuel rating or grade indicated in the grade name is consistent with the value and meets the requirements of 0080-05-12-.02, Standard Fuel Specifications.

(d) Each retail dispenser must be identified by a number, other than or in addition to a serial number, permanently affixed to the dispenser.

(e) Dispenser Nozzle Grip Guard Colors - all retail ethanol flex-fuel dispensers shall be equipped with yellow grip guards; no other product nozzles shall be equipped with yellow grip guards. All dispensers must be compliant with this requirement by May 1, 2016.

(f) Nozzle Requirements for Fuel Dispensers - each retail dispensing device from which fuel products are sold shall be equipped with a nozzle spout having with a diameter that conforms to the latest version of SAE J285, “Dispenser Nozzle Spouts for Liquid Fuels Intended for Use with Spark-Ignition and Compression Ignition Engines.” All dispensers must be compliant with this requirement by May 1, 2016.

(2) Automotive Gasoline, Automotive Gasoline-Oxygenate Blends, and Racing Gasoline (a) Posting of Antiknock Index Required - all dispensing devices of automotive gasoline and automotive gasoline-oxygenate blends shall post the antiknock index in accordance with applicable regulations, 16 CFR Part 306 issued pursuant to the Petroleum Marketing Practices Act, as amended.

(b) When the Term (Leaded) May be Used - the term “leaded” shall only be used when the fuel meets specification requirements of 0080-05-12-.02(f).

(c) Use of Lead Substitute Must Be Disclosed - each dispensing device from which gasoline or gasoline oxygenate blend containing a lead substitute is dispensed shall display the following legend: “Contains Lead Substitute.” The lettering of this legend shall not be less than 12.7 millimeters (1/2 in) in height and 1.5 millimeter (1/16 in) stroke (width of type). The color of the lettering shall be in definite contrast to the background color to which it is applied.

(d) Gasoline and Gasoline-Oxygenate Blend Grade Terms:

1. It is prohibited to use the following terms to describe a grade of gasoline or gasoline-oxygenate blend unless it meets the following minimum antiknock index requirement:

(i) Premium, Super, Supreme, High Test, Premier, Ultra, Ultimate must be a minimum of 91 AKI;

(ii) Midgrade, Plus, Extra, or other approved terms, must be a minimum of 89 AKI;

(iii) Regular, Leaded, must be a minimum of 89 AKI;

(iv) Regular, Unleaded must be a minimum of 87 AKI;

(v) Unleaded Subgrade - CBOB - AKI as applicable pursuant to 16 CFR Part 306;

(vi) Premium Subgrade - CBOB - AKI as applicable pursuant to 16 CFR Part 306;

2. The use of any other term not listed above in (2)(d) to describe a grade of gasoline must be approved by the Commissioner.

3. Additional Unleaded Subgrade - CBOB Requirements: The grade terms “Unleaded Subgrade - CBOB”, and “Premium Subgrade - CBOB” are grades that are approved for conveying from supplier terminal level to wholesalers. These fuel grades are not approved as grade terms and fuel ratings for retail sales.

4. In addition to the requirements of 0080-05-12-.03(2)(d)1.(v)–(vi), each of the subgrades/CBOBs must declare the minimum AKI that the fuel will provide after the addition of a specified volume ethanol. Other oxygenates and octane extender declarations may supplement the ethanol AKI declaration. The requirements of 0080-05-12-.03(2)(d)1.(v)–(vi) are applicable when conveying from the supplier terminal to wholesalers or from wholesaler to another wholesaler. Such reporting is not subject to enforcement under these rules for conveyances from pipelines to supplier terminals.

5. When fuels containing greater than 10% by volume ethanol for use in conventional-fuel vehicles are offered for sale, the grade terms listed above or otherwise approved by the Commissioner must be followed by the term “EXX”.

For example, “Regular E15”; “Plus E15”; “Premium E15”.

6. When gasoline or gasoline-oxygenate blends are conveyed through a fuel dispenser, the grade terms must be posted accurately on both the fuel dispenser and street pricing signs, where applicable. This includes the grade extension of EXX where applicable.

7. When gasoline or gasoline-oxygenate blends are conveyed through wholesale bulk metering systems, each grade and associated automotive fuel rating at each fuel loading facility shall be posted or otherwise accurately certified to potential customers and to the Commissioner when performing inspections and sampling.

(e) Method of Retail Sale-Type of Oxygenate Must be Disclosed - all automotive gasoline or automotive gasoline-oxygenate blends kept, offered, or exposed for sale, or sold, at retail containing at least 1.5 mass percent oxygen shall be identified as “with” or “containing” (or similar wording) the predominant oxygenate in the engine fuel. For example, the label may read “contains ethanol” or “with MTBE.” The oxygenate contributing the largest mass percent oxygen to the blend shall be considered the predominant oxygenate. Where mixtures of only ethers are present, the retailer may post the predominant oxygenate followed by the phrase “or other ethers” or alternatively post the phrase “contains MTBE or other ethers.” In addition, gasoline methanol blend fuels containing more than 0.15 mass percent oxygen from methanol shall be identified as “with” or “containing” methanol along with the statement “CHECK OWNER’S MANUAL”. This information shall be posted on the upper 50 percent of the dispenser front panel in a position clear and conspicuous from the driver's position in a type at least 12.7 millimeters (½ in) in height, 1.5 millimeter (1/16 in) stroke (width of type). Racing gasoline being kept, offered, or exposed for sale, or sold at retail containing any amount of oxygenates shall be identified as “with” or “containing” (or similar wording) the particular oxygenate or oxygenates in the engine fuel, along with the volume percent of the oxygenate. Where mixtures of only ethers are present, the retailer may post the volume percent of the predominant oxygenate followed by the phrase “or other ethers”.

(f) Documentation for Dispenser Labeling Purposes - the retailer shall be provided, at the time of delivery of the fuel, on product transfer documents such as an invoice, bill of lading, shipping paper, or other documentation:

1. Information that complies with 40 CFR § 80.1503 when the fuel contains ethanol.

2. For fuels that do not contain ethanol, information that complies with 40 CFR § 80.1503 and a declaration of the predominant oxygenate or combination of oxygenates present in concentrations sufficient to yield an oxygen content of at least 1.5 mass percent in the fuel. Where mixtures of only ethers are present, the fuel supplier may identify either the predominant oxygenate in the fuel (i.e., the oxygenate contributing the largest mass percent oxygen) or, alternatively, use the phrase “contains MTBE or other ethers.”

3. Gasoline containing more than 0.15 mass percent oxygen from methanol shall be identified as “with” or “containing” methanol.

4. For Racing Gasoline, the retailer shall be provided, at the time of delivery of the fuel, on an invoice, bill of lading, shipping paper, or other documentation, a declaration of the concentration of the oxygenate or oxygenates present in the fuel to allow for accurate dispenser labeling.

(g) EPA Labeling Requirements also Apply - Retailers of gasoline shall comply with the EPA pump labeling requirements for gasoline containing greater than 10% by volume and up to 15% by volume under CFR § 80.1501.

(h) Method of Retail Sale: Posting of Manganese Additives Must be Disclosed - all gasoline or gasoline-oxygenate blends kept, offered, or exposed for sale, or sold at retail that contain any Manganese or any compound containing Manganese, including, without limitation, MMT, shall be labeled as follows:

1. WARNING: Read Label Before Dispensing Fuel. This Fuel Contains Manganese, Manganese Compound, or MMT. Recommend Vehicle Operator Consult Owner’s Manual Before Using This Fuel.

2. This label shall:

(i) Be legible and conspicuous, placed on the upper 50 percent of the dispenser front panel in a position clear and conspicuous from the driver's position.

(ii) Consist of black lettering on a white background.

(iii) Be written in font at least 8 millimeters (5/16 in) in height, 1.5 millimeter (1/16 in) stroke (width of type).

(iv) Be affixed to the applicable pump or other device for dispensing gasoline or gasoline-oxygenate blends (1) at the time gasoline or gasolineoxygenate blends containing manganese or any compound containing manganese, including, without limitation, MMT, is loaded into or otherwise placed in a storage tank from which the dispenser or other device for dispensing gasoline or automotive gasoline-oxygenate blends draws its supply of fuel; (2) before the dispenser or other device for dispensing motor vehicle fuel may be used to dispense such fuel; (3) for 6 months immediately after the time the intentional addition of manganese or any compound containing manganese, including, without limitation, MMT is discontinued.

3. As used in these rules, MMT means methylcyclopentadienyl manganese tircarbonyl.

(i) Documentation for Dispenser Labeling Purposes - Notification to Fuel Distributors and Retailers 1. Each fuel supplier that offers product containing manganese or any compound containing manganese, including, without limitation, MMT, must notify all customers that are approved to receive product documented as destination Tennessee that the product will contain manganese or any compound containing manganese, including, without limitation, MMT at least thirty days in advance of providing such fuel for distribution.

2. The retailer shall be provided, at the time of delivery of the fuel, on product transfer documents such as an invoice, bill of lading, shipping paper, or other documentation a declaration of Manganese or any compound containing Manganese, including, without limitation, MMT.

3. Each fuel supplier that offers product containing manganese or any compound containing manganese, including, without limitation, MMT, must notify all customers that are approved to receive product documented as destination Tennessee that the product will no longer contain manganese or any compound containing manganese, including, without limitation, MMT at least thirty days in advance of providing such fuel for distribution.

(3) Diesel Fuel (a) Labeling of Grade Required - Diesel Fuel shall be identified by grades No. 1-D, No. 2- D, or No. 4-D. For grades other than No. 2-D, each retail dispenser of diesel fuel shall be labeled according to the grade being dispensed.

(b) Location of Label - these labels shall be located on the upper 50 percent of the dispenser front panel in a position clear and conspicuous from the driver’s position, in a type at least 12.7 millimeters (1/2 in) in height, 1.5 millimeter (1/16 in) stroke (width of type).

(c) All conveyors of diesel fuel shall also comply with the US EPA grade disclosure requirements for sulfur under 40 CFR § 80.572.

(4) Aviation Turbine Fuel (a) How to Identify Aviation Turbine Fuels - aviation turbine fuels shall be identified by the grade terms contained within the applicable ASTM Standard Specifications.

(b) Labeling of Grade Required - each dispenser or airport fuel truck dispensing aviation turbine fuels shall be labeled conspicuously as to identify the product being sold as classified above.

(5) Aviation Gasoline (a) How to Identify Aviation Gasoline - aviation gasoline shall be identified by the grade terms contained within the applicable ASTM Standard Specifications.

(b) Labeling of Grade Required - each dispenser or airport fuel truck dispensing aviation gasoline shall be labeled conspicuously as to identify the product being sold as classified above.

(6) Fuel Oils (a) How to Identify Fuel Oils - fuel oil shall be identified by the term Fuel Oil along with the grades of No. 1 S500, No. 1 S5000, No. 2 S500, No. 2 S5000, No. 4 (Light), No. 4, No. 5 (Light), No. 5 (Heavy), or No. 6.

(b) Labeling of Grade Required - each retail dispenser or delivery truck dispensing fuel oil shall be labeled conspicuously as to identify the product being sold as classified above.

In addition, retail Fuel Oil dispensers shall display the following legend:

“Warning - Not Suitable For Use In Unvented Heaters Requiring No. 1-K Kerosene.”

The lettering of this legend shall not be less than 12.7 millimeters (1/2 in) in height by 1.5 millimeters (1/16 in) strokes (width of type); block style letters and the color of lettering shall be in definite contrast to the background color to which it is applied.

(7) Kerosene (Kerosine)

(a) How to Identify Kerosene - kerosene shall be identified by the grades No. 1-K or No. 2- K.

(b) Labeling Requirements- each retail dispenser of kerosene shall be labeled as 1-K Kerosene or 2-K. In addition, No. 2-K dispensers shall display the following legend:

“Warning - Not Suitable For Use In Unvented Heaters Requiring No. 1-K.” The lettering of this legend shall not be less than 12.7 millimeters (1/2 in) in height by 1.5 millimeter (1/16 in) strokes; block style letters and the color of lettering shall be in definite contrast to the background color to which it is applied.

(8) Ethanol Flex Fuel (a) How to Identify Ethanol Flex Fuel - ethanol flex fuel shall be identified by the term Ethanol Flex-Fuel or EXX Ethanol Flex Fuel.

(b) Retail Dispenser Labeling - each retail dispenser of ethanol flex fuel shall be labeled under the following alternatives:

1. Ethanol Flex Fuel blends with an ethanol concentration no less than 51 and no greater than 83 percent by volume shall be labeled “Ethanol Flex Fuel, minimum 51% ethanol” or “EXX Ethanol Flex Fuel”, where XX is the target ethanol concentration in volume percent and the actual ethanol concentration of the blend shall be XX volume percent plus or minus 5 percent by volume;

2. Ethanol Flex Fuel blends with an ethanol concentration less than or equal to 50 volume percent shall be labeled “EXX Flex Ethanol Fuel”, where the XX is the target ethanol concentration in volume percent. The actual ethanol concentration of the blend shall be XX volume percent plus or minus 5 percent by volume;

3. A label shall be posted which states “For Use in Flexible Fuel Vehicles (FFV)

Only”. This information shall be clearly and conspicuously posed on the upper 50% of the dispenser front panel in a type at least 12.7 millimeters (½ in) in height, 1.5 millimeter (1/16 in) stroke (width of type). The label shall also state, “CHECK OWNER’S MANUAL” in a type at least 6.5 millimeters (¼ in) in height and 1 millimeter (3/64 in) stroke. The color of the wording shall be in definite contrast to the background color to which it is applied.

(9) Fuel Methanol (a) How to Identify Fuel Methanol - fuel methanol shall be identified by the capital letter M followed by the numerical value volume percentage of methanol. (Example: M85).

(b) Retail Dispenser Labeling - each retail dispenser of fuel methanol shall be labeled by the capital letter M followed by the numerical value volume percent and ending with the word “methanol” (Example: M85 Methanol).

(c) Additional Labeling Requirements - Fuel Methanol shall be labeled with its automotive fuel rating in accordance with 16 CFR Part 306. Additionally, a label shall be posted which states “CHECK OWNER’S MANUAL - For Use in Methanol Variable Fuel Vehicles (VFV) Only”. This label shall be posted on the upper 50 percent of the dispenser front panel in a position clear and conspicuous from the driver's position in a type at least 12.7 millimeters (1/2 in) in height, 1.5 millimeters (1/16 in) stroke (width of type).

(10) Liquefied Petroleum (LP) Gas (a) How to Identify Liquefied Petroleum Gas - liquefied petroleum gases intended for use as a motor fuel shall be identified by grades Commercial Propane or Special-Duty Propane (HD5).

(b) Retail Dispenser Labeling - each retail dispenser of liquefied petroleum gases intended for use as a motor fuel shall be labeled as “Commercial Propane” or “Special-Duty Propane (HD5)”.

(c) Additional Labeling Requirements - liquefied Petroleum Gas intended for use as a motor fuel shall be labeled with its automotive fuel rating in accordance with 16 CFR

Part 306.

(11) Racing Gasoline (a) How to Identify Racing Gasoline - racing gasoline shall be identified as Racing Gasoline.

(b) Posting of Antiknock Index Required - all dispensing devices of racing gasoline shall post the Antiknock Index in accordance with applicable regulations, 16 CFR Part 306 issued pursuant to the Petroleum Marketing Practices Act, as amended.

(c) Method of Retail Sale - Type of Oxygenate Must be Disclosed - all racing gasoline kept, offered, or exposed for sale, or sold, at retail containing at least 0.15 percent by mass oxygen shall be identified by a label that lists all oxygenates contained in the fuel.

The information shall be posted on the upper 50% of the dispenser front panel in a position clear and conspicuous from the driver's position in a type at least 12.7 millimeters (1/2 in.) in height and 1.5 millimeters (1/6”) stroke (width of type).

(d) Documentation for Dispenser Labeling Purposes - the retailer shall be provided, at the time of delivery of the fuel, on an invoice, bill of lading, shipping paper, or other documentation, a declaration of all oxygenates present in concentration sufficient to yield an oxygenate content of at least 0.15 mass percent in the fuel.

(12) Biodiesel and Biodiesel Blends (a) How to Identify Biodiesel - Biodiesel shall be identified by the term “Biodiesel” with the designation “B100” or “B99”. Biodiesel blends containing more than 5 percent by volume shall be identified by the term “Biodiesel Blend”.

(b) Labeling of Dispensers Containing more than Five Percent (5%) and Up to Twenty Percent (20%) Biodiesel 1. Each dispenser of biodiesel blends containing more than 5% and up to and including 20% by volume shall be identified with either the capital letter B followed by the numerical value representing the volume percentage of biodiesel fuel and ending with “Biodiesel Blend”. (Examples: B10 Biodiesel Blend; B20 Biodiesel Blend, or the phrase “Biodiesel Blend between 5% and 20%” or similar words.)

2. Labeling of Grade Required (i) Biodiesel shall be identified by the grade terms specified in ASTM D6751.

(ii) Biodiesel Blends shall be identified by the grade terms contained within ASTM D7467. Additionally, the diesel grade component as contained within ASTM D975 for grades other than No. 2-D shall also be identified except the sulfur extension designations are not required (sulfur declarations are required under 0080-05-12-.03(12)(c).

3. Each dispenser of biodiesel blends containing more than 5% and up to and including 20% by volume biodiesel shall display a label that reads “CHECK OWNER’S MANUAL”. This label shall be posted on the upper 50 percent of the dispenser front panel in a position clear and conspicuous from the driver's position in a type at 6.5 millimeters (1/4 in) in height and 1 millimeter (3/64 in) stroke.

(c) All conveyors of biodiesel blends fuel shall also comply with the EPA grade disclosure requirements for sulfur under 40 CFR § 80.572.

(d) Automotive Fuel Rating - Biodiesel and biodiesel blends shall be certified and labeled with its automotive fuel rating in accordance with 16 CFR Part 306.

(e) Documentation of Biodiesel Content on Product Transfer Documents - When biodiesel blends contain more that 5% by volume biodiesel, the retailer shall be provided, at the time of delivery of the fuel, with a declaration of the volume percent biodiesel on product transfer documents such as an invoice, bill of lading, shipping paper, or other document.

(13) Compressed Natural Gas (a) How to Identify Compressed Natural Gas - Compressed natural gas shall be identified by the term “Compressed Natural Gas” or “CNG”.

(b) Retail Dispenser Labeling 1. Each retail dispenser of CNG shall be labeled as “Compressed Natural Gas”.

2. Each retail dispenser of CNG shall be labeled with its fuel rating in accordance with 16 CFR Part 309.

(14) Liquefied Natural Gas (a) How to Identify Liquefied Natural Gas - Liquefied natural gas shall be identified by the term “Liquefied Natural Gas” or “LNG”.

(b) Retail Dispenser Labeling 1. Each retail dispenser of LNG shall be labeled as “Liquefied Natural Gas”.

2. Each retail dispenser of LNG shall be labeled with its fuel rating in accordance with 16 CFR Part 309.

(15) Dimethyl Ether (a) How to Identify Dimethyl Ether - dimethyl ether intended for use as a motor fuel in engines specifically designed or modified for DME and for blending with liquefied petroleum gas (LPG) shall be identified Dimethyl Ether (DME).

(b) Retail Dispenser Labeling - each retail dispenser of DME intended for use as a motor fuel shall be labeled as “Dimethyl Ether” or “DME”

(c) Additional Labeling Requirements - Dimethyl Ether intended for use as a motor fuel shall be labeled with its automotive fuel rating in accordance with 16 CFR Part 306.

History

• Authority: T.C.A. §§ 4-3-203 and 47-18-1309.
• Administrative History: Original rule filed April 6, 1990; effective May 21, 1990. Amendment filed August 31, 2000; effective December 29, 2000. Amendment filed June 22, 2005; effective October 28, 2005. Emergency rule filed April 27, 2006; expired on October 9, 2006. On October 10, 2006, rule reverted to status in effect October 28, 2005. Amendment Filed February 6, 2007; effective June 28, 2007. Repeal and new rule filed September 4, 2014; effective December 3, 2014.

Tenn. Comp. R. & Regs. 0080-05-12-.04 WATER IN RETAIL TANKS AND DISENSER FILTERS

(1) Water in Retail Storage Tanks containing Gasoline-Alcohol Blends, Biodiesel, Biodiesel Blends, Ethanol Flex Fuel, Aviation Gas, and Aviation Turbine Fuel - no water phase greater than 6 millimeters (1/4 in) as determined by an appropriate detection paste, is allowed to accumulate in any tank utilized in the storage of gasoline-alcohol blend, biodiesel, biodiesel blends, ethanol-flex fuel, aviation gasoline, and aviation turbine fuel.

(2) Water in Retail Storage Tanks Containing Gasoline, Diesel, and Other Fuels - water shall not exceed 38 milli meters (1.5 in) in depth when measured with water indicating paste in any tank utilized in the storage of diesel, gasoline, gasoline-ether blends, fuel oils, and kerosene sold at retail.

(3) Dispenser Filters (a) All gasoline, gasoline-oxygenate blends, Ethanol Flex Fuel, and M85 methanol dispensers shall have a 10 micron or smaller nominal pore-sized filter. All dispensers must be compliant with this requirement by July 1, 2015.

(b) All kerosene, diesel, biodiesel, and biodiesel blend dispensers shall have a 30 micron or smaller nominal pore-sized filter. All dispensers must be compliant with this requirement by July 1, 2015.

(c) Fuel delivery of aviation turbine fuel and aviation gasoline into aircraft shall be filtered through a fuel filter/separator conforming to API 1581, “Specification and Qualification Procedures for Aviation Jet Fuel Filter/Separators” and ATA Specification 103 “Standard for Jet Fuel Quality Control at Airports”, as applicable.

(d) All Aviation Gasoline dispensing systems shall be equipped as follows:

1. At inlets to storage and on fueller loading racks (and hydrant delivery lines), a 5 micron (nominal) or finer Microfilter meeting EI 1590, or a filter water separator.

2. Where receipts are by gravity into underground tankage, a 100 micron mesh strainer.

History

• Authority: T.C.A. §§ 4-3-203 and 47-18-1309.
• Administrative History: Original rule filed April 6, 1990; effective May 21, 1990. Amendment filed August 31, 2000; effective December 29, 2000. Repeal and new rule filed September 4, 2014; effective December 3, 2014.

Tenn. Comp. R. & Regs. 0080-05-12-.05 RETAIL PRODUCT STORAGE IDENTIFICATION

(1) Fill Connection Labeling - the fill connection for any petroleum product storage tank or vessel supplying engine-fuel devices shall be permanently, plainly, and visibly marked as to the product contained by means of:

(Chapter 0080-05-12-.05, continued)

(a) A permanently attached tag or label and;

(b) American Petroleum Institute color codes as specified and published in “API Recommended Practice 1637”.

(2) Volume of Product Information - each retail location shall maintain on file a calibration chart or other means of determining the volume of each regulated product in each storage tank and the total capacity of such storage tank(s). This information shall be supplied immediately to the inspector upon request.

History

• Authority: T.C.A. §§ 4-3-203 and 47-18-1309.
• Administrative History: Original rule filed April 6, 1990; effective May 21, 1990. Amendment filed August 31, 2000; effective December 29, 2000. Repeal and new rule filed September 4, 2014; effective December 3, 2014.

Tenn. Comp. R. & Regs. 0080-05-12-.06 CONDEMNED PRODUCT

Stop Sale Order - a stop sale order may be issued as a Class One stop sale order or a Class Two stop sale order. When a stop sale order is placed on a terminal or bulk storage plant, the terminal or bulk storage plant operators shall immediately notify all customers that received those product(s) and make any arrangements necessary to replace or adjust to specifications those product(s). A list of all parties contacted by the supplier must be provided to the Commissioner. A release from a stop sale order will be awarded only after final disposition has been agreed upon by the Commissioner. Confirmation of disposition of products shall be made available in writing to the Commissioner.

History

• Authority: T.C.A. §§ 4-3-203 and 47-18-1309.
• Administrative History: Original rule filed April 6, 1990; effective May 21, 1990. Amendment filed August 31, 2000; effective December 29, 2000. Repeal and new rule filed September 4, 2014; effective December 3, 2014.

Tenn. Comp. R. & Regs. 0080-05-12-.07 REPEALED

History

• Authority: T.C.A. § 47-18-1309.
• Administrative History: Original rule filed April 6, 1990; effective May 21, 1990. Repeal filed August 31, 2000; effective December 29, 2000.

Tenn. Comp. R. & Regs. 0080-05-12-.08 TEST METHODS, REPRODUCIBILITY AND CONFORMANCE TO SPECIFICATIONS

(1) The test methods referenced for use within the applicable Standard Specification shall be used to determine the specification values for enforcement purposes. When no ASTM methods exist, accepted industry test methods specified in rule shall be used to determine compliance.

(2) Premium Diesel - The following test methods shall be used to determine compliance with the applicable premium diesel parameters:

(a) Lubricity - ASTM D6079;

(b) Cetane Number - ASTM D613;

(c) Low Temperature Operability - ASTM D4539 or ASTM D2500 (according to marketing claim);

(d) Thermal Stability - ASTM D6468 (180 minutes, 150°C [302°F] ).

(3) Conformance to Specifications:

(a) Conformance to Specifications - The most recent version of ASTM D3244 “Standard Practice for Utilization of Test Data to Determine Conformance with Specifications” shall be used in determining the compliance of a test value to the specification limits except that no allowance shall be made for the precision of test methods for aviation gasoline and aviation turbine fuels or other product specifications whereby the limit has been determined to be a critical specification limit.

(b) AKI Limits - when determining the antiknock index (AKI) acceptance or rejection of a gasoline sample, the AKI reproducibility limits as outlined in ASTM D4814 Appendix X1 shall be acknowledged when determining conformance to the specification using ASTM D3244.

(c) Tests Other Than AKI - the reproducibility limits of the ASTM or other accepted standard test method used for each test performed shall be acknowledged for determining conformance to the specification using ASTM D3244 , except as indicated in 0080-05-12-.08(2)(a) and in 0080-05-12-.02(2)(b)4.

History

• Authority: T.C.A. §§ 4-3-203 and 47-18-1309.
• Administrative History: Original rule filed August 31, 2000; effective December 29, 2000. Amendments filed June 22, 2005; effective October 28, 2005. Emergency rule filed April 27, 2006; expired on October 9, 2006. On October 10, 2006, rule reverted to status in effect October 28, 2005. Amendment filed February 6, 2007; effective June 28, 2007. Repeal and new rule filed September 4, 2014; effective December 3, 2014.

Tenn. Comp. R. & Regs. 0080-05-12-.09 SAMPLING OF PETROLEUM PRODUCTS

Samples of petroleum products collected for testing shall be pumped, pulled, drawn, or otherwise procured in accordance with the most recent version of any of the following standard procedures:

(1) ASTM D4057, “Standard Practice for Manual Sampling of Petroleum and Petroleum Products”.

(2) 40 CFR Part 80, Appendix D or subsequent US EPA sampling instructions;

(3) ASTM D5842, “Standard Practice for Sampling and Handling of Fuels for Volatility Measurement”.

(4) NCWM Publication 21, “Petroleum Products Sampling Procedures and Safety Manual”.

History

• Authority: T.C.A. §§ 4-3-203 and 47-18-1309.
• Administrative History: Original rule filed August 31, 2000; effective December 29, 2000. Repeal and new rule filed September 4, 2014; effective December 3, 2014.

Tenn. Comp. R. & Regs. 0080-05-12-.10 DISPOSITION OF SAMPLE RETAINS

All unused portions of samples remaining after testing shall be disposed of either by use in official state vehicles or through proper disposal procedures. If the unused portions of samples are used in official state vehicles, the state or contract laboratory shall be responsible for storing and dispensing product to authorized vehicles. A log of all product transfers shall be maintained by the state or contract laboratory.

History

• Authority: T.C.A. §§ 4-3-203 and 47-18-1309.
• Administrative History: Original rul e filed August 31, 2000; effective December 29, 2000. Amendment filed June 22, 2005; effective October 28, 2005. Repeal and new rule filed September 4, 2014; effective December 3, 2014.

Chapter 0080-05-13 Commodity Dealer Regulations

Tenn. Comp. R. & Regs. 0080-05-13-.01 DEFINITIONS

(1) When used in this chapter, unless the context requires otherwise:

(a) Act means the Tennessee Commodity Dealer and Warehouse Law, T.C.A. §43-32-101 et seq.

(b) Commissioner means the commissioner of the Tennessee Department of Agriculture, or his designated representative;

(c) Department means the Tennessee Department of Agriculture;

(d) Commodity means grain;

(e) Grain means shelled corn, wheat, oats, rye, soybean, rape seed, canola, and grain sorghums.

(f) Commodity dealer means any person engaged in the business of buying commodities from producers thereof for resale or for milling or processing. A producer of commodities buying commodities for his own use as seed or feed shall not be considered as being engaged in the business of buying commodities for resale or for milling or processing;

(g) Incidential commodity dealer means any commodities dealer who purchases commodities from and whose total purchases of commodities during any fiscal year do not exceed one hundred thousand dollars ($100,000);

(h) Producer means the owner, tenant or operator of land in this state who has an interest in and receives all or any part of the proceeds from the sale of the commodities produced thereon;

(i) Persons includes individuals, corporations, partnerships and all associations of two (2) or more persons having a joint or common interest;

(j) Class 1 grain dealer means any commodity dealer who purchases commodities from producers and whose total purchases of commodities during any fiscal year exceeds $500,000.

COMMODITY DEALER REGULATIONS CHAPTER-0080-5-13

(k) Class 2 grain dealer means any commodity dealer who purchases commodities from producers and whose total purchases of commodities during any fiscal year exceeds $100,000 and does not exceed $500,000.

(l) Deferred payment, delayed payment, or price later contract means any delivery of grain that is not paid for within thirty days and the title to the grain passed to the buyer upon delivery.

History

• Authority: T.C.A. §§4-3-203 and 43-32-213.
• Administrative History: Original rule filed July 10, 1991; effective August 24, 1991. Amendment filed June 10, 1993; effective July 25, 1993.

Tenn. Comp. R. & Regs. 0080-05-13-.02 APPLICABILITY OF RULES

(1) These rules apply to all persons in the State of Tennessee who buy grain from producers.

(2) Any person who is engaged in the business of buying grain from producers for reasons other than resale, milling, or processing, shall not be considered to be a grain dealer unless substantial amounts of the grain purchased are used subsequently for resale, milling or processing and not for the reason first purchased, and further provided that:

(a) The reason for the purchase of the grain is shown on a contract with the producer; and/or (b) The buyer can demonstrate that grain not used for the reason first purchased did not meet the quality standards of its intended use, or those agreed upon by the buyer and seller.

(c) Should the buyer elect to dispose of grain referenced in (b) of this rule, such disposition must be made through a licensed grain dealer.

(3) Any person that stores grain for a consideration shall be required to have a license in accordance with chapter 0080-5-14 COMMODITY WAREHOUSE REGULATIONS.

History

• Authority: T.C.A. §§4-3-203 and 43-32-213.
• Administrative History: Original rule filed July 10, 1991; effective August 24, 1991.

Tenn. Comp. R. & Regs. 0080-05-13-.03 APPLICATION FOR LICENSE

(1) The application shall set forth:

(a) Name of the applicant;

(b) The principal officers if the applicant is a corporation; or the active members if the applicant is a partnership;

(c) The location of the principal office or place of business of the applicant and the location or locations in this State at which the applicant proposes to engage in business as a grain buyer;

(d) The fiscal year in which the grain dealer is or will be operated;

(e) The kind of grain which the applicant proposes to purchase.

(2) If the application has been engaged in business as a grain dealer for one year or more, the applicant shall state the aggregate dollar amount paid to producers for grain during their last COMMODITY DEALER REGULATIONS CHAPTER-0080-5-13 completed fiscal year. In the event the applicant has not been engaged in business as a grain dealer, the application shall state the estimated aggregate dollar amount to be paid by the applicant to the producers during the fiscal year. The application must be received by the department within 90 days after the commodity dealers’ fiscal year or unless an extension for an additional (60) days has been granted by the department.

(3) Any applicant who holds a grain dealer license and requests a warehouseman’s license within one fiscal year will not be required to pay the warehouse license filing fee.

History

• Authority: T.C.A. §§4-3-203, 43-32-213 and 43-32-105(b).
• Administrative History: Original rule filed July 10, 1991; effective August 24, 1991. Amendment filed June 10, 1993; effective July 25, 1993.

Tenn. Comp. R. & Regs. 0080-05-13-.04 SECURITY REQUIREMENTS

(1) Every person licensed as a grain dealer shall have filed with the department a surety bond signed by the dealer as principal and by a responsible company authorized to execute surety bonds with the State of Tennessee. A grain dealer may file with the department, in lieu of a surety bond, a certificate of deposit payable to the commissioner as trustee or an irrevocable letter of credit. The principal amount of such certificate of deposit or letter of credit shall be the same as that required for a surety bond under this chapter and the interest thereon shall be payable to the purchaser thereof.

(2) (a) Surety bonds shall have a principal amount (to the nearest $1,000) equal to ten percent (10%) of the aggregate dollar amount paid by the dealer to producers for grain purchased from them during the dealer’s last completed fiscal year; or, in the case of a dealer who has been engaged in business as a grain dealer for less than one year or who has not heretofore engaged in such business, ten percent (100%) of the estimated aggregate dollar amount to be paid by the dealer to producers for grain purchased from them during the next fiscal year. Such bond shall not be less than $20,000 nor more than $100,000, except as otherwise authorized by the act. All dealers licensed after January 1, 1994 shall in addition to amount of surety required by this paragraph be required to have additional surety in the amount equal to eighty percent (80%) of the amount of the grain purchased through price later contracts.

(b) The department may, when they question a grain dealer’s ability to pay producers for grain purchased, require a grain dealer to post an additional bond or certificate of deposit in a dollar amount deemed appropriate by the department. Failure to post such additional bond or certificate of deposit constitutes grounds for suspension or revocation of a license issued under this act.

(c) Such bond or additional bond shall be made payable to the State of Tennessee, with the commissioner of the department as trustee; it shall be conditioned on the grain dealer’s faithful performance of his duties as a grain dealer and his compliance with this act; and shall be for the use and benefits of any producer from whom the grain dealer and his compliance with this act; and shall be for the use and benefit of any producer from whom the grain dealer may purchase grain and who is not paid by such grain dealer. Such bond or additional bond shall not be cancelled, except upon at least sixty (60) days notice in writing to the department. In no event shall the total aggregate liability of a surety exceed the face amount of its bond.

(3) Any grain dealer who is of the opinion that his net worth and assets are sufficient to guarantee payment to producers for grain purchased by him may request the department relieve it from the obligation of filing a bond in excess of the minimum bond of $20,000. Such request shall be accompanied by a financial statement as follows:

COMMODITY DEALER REGULATIONS CHAPTER-0080-5-13

(a) Class 2 grain dealers shall submit a complied financial statement prepared by a certified public accountant or a licensed public accountant and shall include a balance sheet and an income statement.

(b) Class 1 grain dealers shall submit a reviewed financial statement prepared by a certified public accountant or a licensed public accountant and shall include a balance sheet and an income statement, statement of retained earnings, cash flow statements and notes to financial statements.

(4) The department may waive that portion of the required bond in excess of $20,000; if the department is otherwise satisfied as to the financial ability and resources of the applicant; if the financial statements submitted disclose a net worth of an amount equal to at least 3 times the amount of bond required; and if the applicant or licensee has met the following requirements:

(a) The applicant or licensee’s financial statement and balance sheet show a current ratio of total adjusted current assets to the total adjusted current liabilities of at least one to one. Adjusted current assets shall be calculated by deducting from the stated current assets shown on the balance sheet submitted by the applicant or licensee, any nonliquid current assets including, but not limited to, notes receivable from officers and stockholders, stock subscriptions receivable, intra company receivables or receivables from an affiliate or any related party receivable. Any disallowed asset shall be netted against any related liability and the net result, if an asset, shall be subtracted from the current assets, or if a liability, it shall remain an adjusted current liability.

(b) The financial statement and balance sheet show an adjusted debt to adjusted equity ratio of not more than 3 to one when calculated as follows:

1. Adjusted debt shall be obtained by totaling current and long term liabilities and reducing the total liabilities, up to the amount of current liabilities, by the liquid assets appearing in the cur7 rent asset section of the balance sheet submitted by the applicant or licensee. Liquid assets shall include but not be limited to cash, marketable securities, accounts receivable from the sale of grain, grain in transit, drying and storage receivables on stored grain, grain inventory, margin accounts and tax funds.

2. Adjusted equity shall be calculated by deducting from the stated net worth shown on the balance sheet submitted by the applicant or licensee after disallowing any non-liquid current asset including, but not limited to, notes receivable from officers or stockholders, accounts receivable from officers or stockholders, stock subscriptions receivable, intra-company receivables or receivables from an affiliate or any other related party receivables. Any disallowed assets shall be netted against any related payable and the new result, if an asset, shall be subtracted from the financial statement; or, if a liability, it shall remain a liability.

(c) Such person’s financial statement and balance sheet show an adjusted equity of at least $50,000 as determined pursuant to the method specified in paragraph (2), subparagraph (b). However, in the case of a grain dealer whose net worth is not equal to three times the amount of bond required, the department may allow such grain dealer to waive, in $1,000 increments, a portion of the bond required in excess of $20,000. The percentage factor to be applied to the bond required in excess of $20,000 shall be determined by dividing actual net worth by the net worth required to waive all bond in excess of $20,000. If the result of this computation provides a percentage factor of 80 percent or greater, then that same percentage of the amount in COMMODITY DEALER REGULATIONS CHAPTER-0080-5-13 excess of $20,000 may be waived, The grain dealer shall then provide to the department a surety bond in the amount of $20,000 plus any additional bond required in excess thereof.

History

• Authority: TC.A. §§4-3-203, 43-32-213 and 43-32-106.
• Administrative History: Original ru!e filed July 10, 1991; effective August 24, 1991. Amendment filed June 10, 1993; effective July 25, 1993. COMMODITY DEALER REGULATIONS CHAPTER-0080-5-13

Tenn. Comp. R. & Regs. 0080-05-13-.05 SECURITY REQUIREMENTS FOR INCIDENTAL COMMODITY DEALERS

Any grain dealer who purchases grain from producers only in connection with or as an incident to some other business and whose total purchase of grain from producers during any fiscal year do not exceed an aggregate dollar amount of $100,000, may satisfy the bonding requirements of the Act by filing with the dependent acceptable security at the rate of $1,000 for each $10,000 or fraction thereof of the dollar amount to be purchased, with a minimum bond or certificate of deposit of $1,000 and a current financial statement.

History

• Authority: T.C.A. §§4-3-203 and 43-32-213.
• Administrative History: Original rule filed July 10, 1991; effective August 24, 1991. Amendment filed June 10, 1993; effective July 25, 1993.

Tenn. Comp. R. & Regs. 0080-05-13-.06 CONDITIONS FOR GRANTING LICENSE

The Department shall issue a grain dealers license, renew a license or continue a license if the department is satisfied that the applicant or license meets the following conditions:

(1) The applicant, license, or manager is of good business reputation.

(2) The applicant, licensee, or manager has the qualification and background essential for the conduct of a grain dealer’s business, as may be determined by examination and reexamination by the department. The department may require applicants to participate in training programs development to insure compliance with this and other provisions of this act.

(3) The applicant or licensee has adequate bonding under Rule 0080-05-13-.04 SECURITY REQUIREMENTS.

(4) The applicant or licensee maintains a permanent business location, and such applicant’s or licensee’s place of business will remain open during normal business hours.

(5) The applicant or licensee has sufficient financial resources to pay producers for grain purchased from them.

History

• Authority: T.C.A. §§4-3-203 and 43-32-213.
• Administrative History: Original rule filed July 10, 1991; effective August 24, 1991. Amendment filed June 10, 1993; effective July 25, 1993.

Tenn. Comp. R. & Regs. 0080-05-13-.07 RESPONSIBILITY OF LICENSED DEALER

(1) Each licensee shall display their license in a public area of the principal office of the licensee in this state. If the licensee has more than one (1) location a certificate shall be posted at each location. If the licensee operates trucks only, a certificate should be carried in each truck.

(2) Regardless of the type record system used, it shall be maintained accurately and timely with daily updates by the licensee. All records shall be maintained for three (3) years.

(3) All dealers shall give the producer a document indicating the weight, grade, dockage and price of the grain upon settlement.

(4) A grain dealer shall maintain a liquid position throughout the year. There shall be no evidence of post dated checks, checks returned by a bank due to non-sufficient funds, or that a producer has been asked not to cash a grain dealer’s check until a specific date. Any evidence that indicates a non-liquid position may cause a grain dealers’ license to be suspended or revoked.

(5) The department may require the grain dealer to provide a current profit and loss statement and balance sheet; the total bushels of grain and kind of grain sold by means of price later COMMODITY DEALER REGULATIONS CHAPTER-0080-5-13 contracts; a daily grain transaction report; a report of hedging activities; and a review of the activities of the hedging account for the past sixty (60) days. Such information shall be furnished to the department within ten (10) days of the request.

History

• Authority: T.C.A. §§4-3-203 and 43-32-213.
• Administrative History: Original rule filed July 10, 1991; effective August 24, 1991. Amendment filed June 10, 1993; effective July 25, 1993.

Tenn. Comp. R. & Regs. 0080-05-13-.08 PRICE LATER CONTRACTS

(1) A “delayed payment, deferred price, or price later contract” shall be made out at least in triplicate. One (1) copy shall be given to the producers and one (1) copy kept for grain dealer’s files, the third (3rd) copy shall be filed in numerical order at the dealer’s place of business so that it can be used in the department’s normal examination of the dealer’s records unless otherwise directed by the department. Both the producer and the grain dealer shall sign this agreement within thirty (30) days after completion of delivery of any given lot of grain. If the grain has been priced and paid for within this thirty (30) day period, a price later contract does not need to be executed. A lapse of more than thirty (30) days in delivery shall constitute the end of delivery of a lot of grain for purposes of complying with this rule. This contract must contain clear agreement between the two (2) parties involved as to how the price will be determined.

(2) When reprinting contracts, the following statements shall be printed on the price later contract:

(a) Title to the grain covered by this contract passes to buyer upon delivery;

(b) Buyer is required to maintain liquid assets equal to ninety percent (90%) of its price later obligations; and (c) Price later grain is not stored for the seller. This contract is regarded as a grain dealer claim. The maximum coverage afforded by the Tennessee Grain Indemnity Fund is eighty-five percent (85%) of the valid grain dealer claim amount up to a maximum of $100,000 per claimant.

(3) Document representing grain delivered to the grain dealer shall clearly indicate that the grain is sold unless it has been sold by the means of the price later contract. In such case, the document will be marked “Sold Grain: Price Later”

History

• Authority: T.C.A.. §§4-3-203 and 43-32-213.
• Administrative History: Original rule filed July 10, 1991; effective August 24, 1991. Amendment filed June 10, 1993; effective July 25, 1993.

Tenn. Comp. R. & Regs. 0080-05-13-.09 SETTLEMENT SHEETS

If a grain dealer uses settlement sheets, the dealer shall comply with the requirements of this section.

Settlement sheets shall be pre-numbered by the printer. The grain dealer shall use settlement sheets in numerical sequence and account for all settlement sheets. Settlement sheets shall contain evidence of the method of settlement, such as check number, warehouse receipt number, or other evidence of settlement. Settlement sheets, both open and closed, shall be filed in a manner to be readily available for examination purposes, such as alphabetical or numerical.

History

• Authority: T.C.A. §§4-3-203 and 43-32-213.
• Administrative History: Original rule filed July 10, 1991; effective August 24, 1991. COMMODITY DEALER REGULATIONS CHAPTER-0080-5-13

Tenn. Comp. R. & Regs. 0080-05-13-.10 SCALE TICKETS

Scale tickets shall be pre-numbered by the printer. The grain dealer shall issue scale tickets in numerical sequence, and a copy of the scale ticket shall be filed numerically. The grain dealer shall account for all scale tickets.

History

• Authority: T.C.A. § §4-3-203 and 43-32-213.
• Administrative History: Original rule filed July 10, 1991; effective August 24, 1991.

Chapter 0080-05-14 Commodity Warehouse Regulations

Tenn. Comp. R. & Regs. 0080-05-14-.01 DEFINITIONS

(1)WHEN USED IN THIS CHAPTER, UNLESS THE CONTEXT REQUIRES OTHERWISE:

(a)Commissioner means the commissioner of the Tennessee Department of Agriculture, or his designated representative;

(b)Department means the Tennessee Department of Agriculture;

(c)Commodity means grain;

(d)Grain means shelled corn, wheat, oats, rye, soybean, rape seed, canola and grain sorghums;

(e)Producer means the owner, tenant or operator of land in this state who has an interest in and receives all or any part of the proceeds from the sale of the commodities produced therein;

(f)Person includes individuals, corporations, partnerships and all associations of two (2) or more persons having a joint or common interest;

(g)Warehouse or commodity warehouse shall mean any building, structure, or other protected enclosure in this state used for the purpose of storing commodities for a consideration;

(h)Stored commodities means any commodities received in any commodities warehouse, located in this state, if such commodities are not purchased and beneficially owned by the commodities warehouseman;

(i)Warehouseman or commodities warehouseman means any person who owns, controls or manages a public commodities warehouse in which commodities are stored for compensation and is authorized to issue warehouse receipts and includes any grain warehouse licensed under the “United States Warehouse Act” that has entered into a cooperative agreement;

(j)“United States Warehouse Act” means the “United States Warehouse Act”, enacted August 11, 1916, as amended;

(k)Warehouse receipt means: 1.A warehouse receipt issued under this act in accordance with the Uniform Commercial Code; or 2.A warehouse receipt issued under the “United States Warehouse Act”.

COMMODITIY WAREHOUSE REGULATIONSCHAPTER-0080-5-14

(1)Grain Banking means grain delivered to a grain dealer or warehouse that is also a milling operation which the title does not pass to the mill at the time of delivery. The grain is held by the dealer or warehouse until it is processed and returned to the owner of the grain.

History

• Authority: T.C.A. §§4-3-203 and 43-32-213.
• Administrative History: Original rule filed July 10, 1991; effective August 24, 1991. Amendment filed June 10, 1993; effective July 25, 1993.

Tenn. Comp. R. & Regs. 0080-05-14-.02 APPLICATION FOR LICENSE AND SECURITY REQUIREMENTS

(1)The application for the license shall include:

(a)Name of the owner of the public grain warehouse;

(b)The name of the operator of the warehouse;

(c)The location of the warehouse;

(d)The storage capacity of the warehouse;

(e)The annual volume of storage at the warehouse over the past twelve (12) months;

(f)The types of grain stored in the warehouse over the past twelve (12) months.

(2)The application shall be accompanied by a surety bond or irrevocable letter of credit or certificate of deposit which shall be in an amount equivalent to twenty cents ($.20) per bushel storage capacity or equal to 10% of the aggregated dollar amount paid by the applicant (to the nearest $1,000) to producers for grain purchased from them during the applicant’s last completed fiscal year, which ever is larger. In the case of an applicant who has been engaged in business as a grain dealer or warehouseman for less than one year or who has not heretofore engaged in such business, 10% of the estimated aggregate dollar amount to be paid by the applicant to producers for grain purchased from them during the next fiscal year. These bonding requirements are subject to a twenty thousand dollar ($20,000) minimum and a one hundred thousand ($100,000) dollar maximum limit.

(3)Any warehouseman who is of the opinion that his net worth and assets are sufficient to guarantee payment to producers for grain stored or purchased by him may request the department relieve it from the obligation of filing a bond in excess of the minimum bond of $20,000. Such request shall be accompanied by a reviewed financial statement prepared by a certified public accountant or a licensed public accountant and shall include a balance sheet and an income statement of retained earnings, cash flow statements and notes to financial statements.

(4)The department may waive that portion of the required bond in excess of $20,000; if the department is otherwise satisfied as to the financial ability and resources of the applicant; if the financial statements submitted disclose a net worth of an amount equal to at least 3 times the amount of bond required; and if the applicant or licensee has met the following requirements:

(a)The applicant or licensee’s financial statement and balance sheet show a current ratio of total adjusted current assets to the total adjusted current liabilities of at least one to one. Adjusted current assets shall be calculated by deducting from the stated current assets shown on the balance sheet submitted by the applicant or licensee, any non-liquid current assets including, but not limited to, notes receivable from officers and stock holders, stock subscriptions receivable, intra company receivables or receivables from an affiliate or any related party receivables. Any disallowed asset shall be netted against any related liability and the net result, COMMODITIY WAREHOUSE REGULATIONSCHAPTER-0080-5-14 if an asset, shall be subtracted from the current assets, or if a liability, it shall remain an adjusted current liability.

(b)The financial statement and balance sheet show an adjusted debt to adjusted equity ratio of not more than 3 to one when calculated as follows: 1.Adjusted debt shall be obtained by totaling current and long term liabilities and reducing the amount of current liabilities, up to the amount of current liabilities, by the liquid assets appearing in the current assets section of the balance sheet submitted by the applicant or licensee. Liquid assets shall include but not be limited to cash, marketable securities, accounts receivable from the sale of grain, grain in transit, drying and storage receivables on stored grain, grain inventory, margin accounts and tax funds. 2.Adjusted equity shall be calculated by deducting from the stated net worth shown on the balance sheet submitted by the applicant after disallowing any non-liquid current assets including, but not limited to, notes receivable from officers or stockholders, accounts receivable from officers or stockholders, stock subscriptions receivable, intra-company receivables or receivables from an affiliate or any other related party receivables. Any disallowed asset shall be netted against any related liability and the net result, if an asset, shall be subtracted from the financial statement, or if a liability, it shall remain a liability.

(c)Such person’s financial statement and balance sheet show an adjusted equity of at least $50,000 as determined pursuant to the method specified in paragraph (2), subparagraph (b).

However, in the case of a grain dealer whose net worth is not equal to three times the amount of the bond required, the. department may allow such grain dealers to waive, in $1,000 increments, a portion of the bond required in excess of $20,000. The percentage factor to be applied to the bond required in excess of $20,000 shall be determined by dividing actual net worth by the net worth required to waive all bond in excess of $20,000. If the result of this computation provides a percentage factor of 80 percent or greater, then that same percentage of the amount in excess of $20,000 may be waived. The grain dealer shall then provide to the department a surety bond in the amount of $20,000 plus any additional bond required in excess thereof.

(5)Having a license as a warehouse in accordance with this chapter shall mean that warehouse is also licensed as a dealer under chapter 0080-5-13.

History

• Authority: T.C.A. § §4-3-203 and 43-32-213.
• Administrative History: Original rule filed July 10, 1991; effective August 24, 1991. Amendment filed June 10, 1993; effective July 25, 1993.

Tenn. Comp. R. & Regs. 0080-05-14-.03 WAREHOUSE RECEIPTS AND RECORDS

(1)Receipts must be issued for all grain stored in a warehouse. Receipts need not be issued against nonstorage grain, but each warehouseman shall keep accurate records of the weights, kinds, and grades, if graded, of all lots of non-storage grain received into and delivered from his warehouse. Whenever the purpose for which any lot of non-storage grain was received into a warehouse is changed so that its approximate delivery period from the warehouse becomes indeterminate, receipts shall be issued to cover such grain. Records required under this section respect to non-storage grain shall be retained, as a part of the records of the warehouse, for a period of one (1) year after December 31 of the year in which the loss of non-storage grain is delivered from the warehouse.

(2)No warehouse receipt shall be issued except upon actual delivery of grain into storage in the warehouse from which it purports to be issued; nor shall any receipt be issued for a greater quantity of COMMODITIY WAREHOUSE REGULATIONSCHAPTER-0080-5-14 grain than was contained in the lot or parcel so received for storage; nor shall more than one receipt be issued for the same lot of grain, except in case where a receipt for a part of a lot is desired; and then the aggregate receipts for a particular lot shall cover that lot and no more.

(3)No warehouseman shall issue or aid the issuance of a receipt for grain knowing that the grain for which such receipt is issued has not actually been received by such warehouseman, or that the grain is not under his actual control at the time of issuing such receipt.

(4)Every public grain warehouseman shall keep in a place of safety complete, separate and correct records and accounts pertaining to the public grain warehouse including, but not limited to, records and accounts of gross and net worth and liabilities, records and accounts of all grain received therein and withdrawn therefrom, all unissued receipts and tickets in its possession, copies of all receipts and tickets issued by it, and the receipts and tickets returned to and cancelled by it. Such records shall be retained by the public grain warehouseman for a period of five (5) years.

(5)Every warehouse receipt shall have embodied within its written or printed terms the following:

(a)The legal name of the warehouse;

(b)If the license covers multiple locations, the receipt must indicate at which location delivery was made;

(c)The kind of grain;

(d)The number of bushels stored;

(e)The words “Negotiable” or Non-negotiable” according to the nature of the receipt.

(f)The date the grain was delivered for storage; and (g)Be numbered consecutively.

(6)Warehouse receipts need not be issued for “Grain Bank” grain stored at a mill.

(7)A daily position record (grain inventory accountability record) shall be maintained on a daily basis by commodity. Postings for each day shall reflect actual changes in inventory for that day. The daily position record shall provide for a separate accounting, by column, for the following:

(a)Summary stock record showing amounts of grain received, loaded out of the warehouse, adjustments, total inventory in the warehouse, redeposited grain (if applicable).

(b)Storage obligation: 1.Negotiable and non-negotiable warehouse receipts liability; and 2.Storage liability to depositors (indicated by settlement sheet records, scale tickets, and other such documents, other than a warehouse receipt.)

(c)Un-rejected company owned grain: 1.Grain in the warehouse; and 2.Redeposited grain, if applicable.

COMMODITIY WAREHOUSE REGULATIONSCHAPTER-0080-5-14

(d)The daily position record shall show a summary of total outstanding obligations and unreceipted company owned grain which shall equal the total of inventory in the warehouse and redeposited grain.

History

• Authority: T.C.A. §§4-3-203 and 43-32-213.
• Administrative History: Original rule filed July 10, 1991; effective August 24, 1991. Amendment filed June 10, 1993; effective July 25, 1993.

Chapter 0080-05-15 Agricultural Liming Materials

Tenn. Comp. R. & Regs. 0080-05-15-.01 CALCIUM CARBONATE EQUIVALENT (CCE)

All agricultural liming materials sold, offered for sale, or distributed shall have a minimum Calcium Carbonate Equivalent of seventy-five percent (75%).

History

• Authority: T.C.A. § 43-11-410.
• Administrative History: Original rule filed October 20, 1992; effective January 28, 1993.

Tenn. Comp. R. & Regs. 0080-05-15-.02 SCREENING SIZES

All agricultural liming material sold, offered for sale, or distributed in this State shall be crushed or ground to such a degree of fineness that not less than eighty-five percent (85 %) of the material will pass a 10mesh screen and not less than fifty percent (50%) will pass a 40-mesh screen. The use of a 60-mesh screen is optional and if used must be so labeled and used in the calculation of the Relative Neutralizing Value (RNV).

History

• Authority: T.C.A. § 43-11-410.
• Administrative History: Original rule filed October 20, 1992; effective January 28, 1993.

Tenn. Comp. R. & Regs. 0080-05-15-.03 PARTICLE SIZE EFFICIENCY (PSE) FACTORS

The neutralizing value of each particle size shall be reflected by the Particle Size Efficiency (PSE) Factors listed below. Such factors shall be used in the calculation of the Relative Neutralizing Value (RNV) of liming materials.

U.S. Standard Sieve Size No. Ranges Efficiency Factor % Remaining on 10-mesh 0.33 % Passing 10-mesh but Remaining on 40 0.73 % Passing 40-mesh but Remaining on 60 0.93 % Passing 60-mesh (optional) 1.00

History

• Authority: T.C.A. § 43-11-410.
• Administrative History: Original rule filed October 20, 1992; effective January 28, 1993.

Tenn. Comp. R. & Regs. 0080-05-15-.07 LICENSE FEES AND TONNAGE REPORTS

(1) Annual statement. Every person required to have an agricultural liming material license shall file with the department on or before July 1 an annual statement indicating the number of net tons of agricultural liming materials the person distributed in the state during the previous calendar year (January 1 – December 31).

(2) License fee. Every person required to have an agricultural liming material license shall pay an annual license fee based on the weight of the materials distributed in the state during the previous calendar year (January 1 – December 31), as reported in the annual statement. The fee shall be determined by dividing the total tons of liming materials distributed by 1,000 tons and multiplying the dividend by a Tier 3 fee under T.C.A. § 43-1-703(f). In no event shall any manufacturer pay less than a Tier 3 fee under T.C.A. § 43-1-703(f) for an annual license under this chapter.

History

• Authority: T.C.A. §§ 4-3-203, 43-1-703, 43-11-405, and 43-11-410.
• Administrative History: New rule filed March 24, 2016; effective June 22, 2016. Amendments filed March 30, 2017; effective June 28, 2017.

Tenn. Comp. R. & Regs. 0080-05-15-.04 RELATIVE NEUTRALIZING VALUE (RNV)

The neutralizing potential of all agricultural liming materials shall be indicated by the Relative Neutralizing Value (RNV). The RNV shall be determined by multiplying the percent of lime particles in each size range (specified by U.S. Standard Sieve Sizes) by the respective Efficiency Factor yielding the particle size efficiency factor. The summation of the particle size efficiency factors is then multiplied by the Calcium Carbonate Equivalent (CCE) to result in the Relative Neutralizing Value. The minimum RNV of liming material allowed to be sold, offered for sale or distributed shall be the value of sixty-five (65).

History

• Authority: T.C.A. § 43-11-410.
• Administrative History: Original rule filed October 20, 1992; effective January 28, 1993.

Tenn. Comp. R. & Regs. 0080-05-15-.05 LABELING

(1) Agricultural liming materials sold, offered for sale, or distributed in packages greater than 100 lbs. or in bulk in this State shall indicate the Calcium Carbonate Equivalent, the percentage of product passing through the U.S. Standard Sieve sizes of 10-mesh and 40-mesh screens and the relative neutralizing value (RNV) by affixing to each package in a conspicuous manner on the label, tag, or statement, or in the case of bulk sales on a delivery slip.

(2) If the use of a 60-mesh screen is used in calculating the RNV, the percentage of product passing through this screen must also be indicated along with the above.

(3) Agricultural liming materials sold, offered for sale, or distributed in packages of 100 lbs. or less shall indicate the Calcium Carbonate Equivalent, percentages of product passing through the U.S. Standard Sieve sizes of 10-mesh and 40-mesh screens by affixing to each package in a conspicuous manner on the label, tag or statement.

History

• Authority: T.C.A. § 43-11-410.
• Administrative History: Original rule filed October 20, 1992; effective January 28, 1993.

Tenn. Comp. R. & Regs. 0080-05-15-.06 INVESTIGATIONAL ALLOWANCES

An investigational allowance of five percent (5 %) of the labeled value will be allowed for calcium carbonate equivalent (CCE), as-well-as for fineness of grind at each mesh sieve size. The investigational allowance for the Relative Neutralizing Value (RNV) shall be no more than five percent (5%) of the labeled value.

History

• Authority: T.C.A. § 43-11-410.
• Administrative History: Original rule filed October 20, 1992; effective January 28, 1993.

Chapter 0080-06-01 Plant Sales and Distribution

Tenn. Comp. R. & Regs. 0080-06-01-.01 SCOPE

(1) This chapter applies to any person who grows or keeps plants for sale or distribution. This

chapter also applies to any person who owns or possesses any live organism, regulated

article, or other material determined by the department to be capable of harboring pests, pest plants, or disease.

(2) Persons licensed under this chapter shall be responsible for permitted operations until the applicable license expires or the department receives written notification from the licensee desiring to terminate the license. The department shall not refund fees for early termination of any license under this chapter.

(3) Licenses issued under this chapter are not transferable from person to person.

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule filed June 5, 1974. Amendment filed April 27, 2007; effective August 28, 2007. Amendments filed March 24, 2016; effective June 22, 2016.

Tenn. Comp. R. & Regs. 0080-06-01-.02 DEFINITIONS

(1) Terms in this chapter share those meanings of terms set forth in the Tennessee Plant Pest Act, T.C.A. § 43-6-101, et seq.

(2) When used in this chapter, unless the context requires otherwise:

(a) Act means the Tennessee Plant Pest Act, compiled at T.C.A. § 43-6-101, et seq.;

(b) Annual plants mean plants or parts of plants that perform their entire life cycle from seed to flower to seed within a single growing season. All roots, stems, and leaves of annual plants die annually, and only their dormant seed bridges the gap between one generation of annual plants and the next;

(c) Certificate and certification mean a document prepared by a duly authorized federal or state regulatory official that affirms a plant or regulated article meets regulatory requirements. Certificates are known by the purpose for which they are issued, e.g.

Phytosanitary Certificate, for the purpose of verifying compliance with phytosanitary requirements, etc.;

(d) Compliance agreement means a voluntary agreement between the department and a person regarding certification of plants or regulated articles for their lawful movement to a particular state or location;

(e) Glass house, screen house, or other structure, as contemplated within the definition of “greenhouse” under the Act, means a structure containing or connected to a permanent heat source or other resource capable of controlling temperature or humidity within the structure;

(f) Infested means contaminated with pest or infected with disease or so exposed to pest or disease that contamination or infection can reasonably be expected to occur;

(g) Landscaper means any person who on a commercial basis moves and installs plants or who advertises or solicits business for the movement and installation of plants in the state;

(h) Move, distribute, ship, transport, or words of similar import mean to relocate, or to offer to relocate, in any manner an item from one real property to another;

(i) Not primarily engaged in the business of producing and selling plants or seedlings means that revenue received in the previous calendar year for the sale or production of plants does not exceed 15% of gross revenue from farm operations during that period, as shown on applicable federal tax return documents;

(j) Person means an individual, partnership, corporation, or any other form of legal entity;

(k) Pest or disease means any biotic agent that is injurious to agriculture or the environment. Pest or disease includes insect pests and plant diseases as defined under the Act and may also include any form of animal or plant life; any infectious plant disease; or any plant disorder that manifests symptoms or behavior determined by any federal or state pest prevention agency to be characteristic of infectious disease;

(l) Pest plant means any plant that is injurious to the agricultural, horticultural, silvicultural, or other interests of the state;

(m) Plant means nursery stock, annual plants, wild plants, or any part of nursery stock, annual plants, or wild plants. Exceptions: the definition of plant does not include any harvested fruit, nut, or vegetable; cut flower; or non-rooted part of a plant that is incapable of propagation; however, such parts of a plant may be determined by the department to be regulated articles under certain circumstances;

(n) Quarantine means the restriction of movement of infested plants, pest plants, or regulated articles by a duly authorized federal or state regulatory official for the purpose of mitigating risks associated with pests, pest plants, or disease;

(o) Regulated article means any item or material, biological or otherwise, that is determined by the department to support or to be capable of supporting the dissemination of any pest, pest plant, or disease;

(p) Stop movement order means a written directive issued by a duly authorized federal or state regulatory official to prohibit or limit the movement of plants or regulated articles;

(q) Wild plants mean uncultivated, feral plants or parts of plants that are gathered from the environment and are capable of propagation. A wild plant that is cultivated for at least one growing season shall be considered nursery stock and not a wild plant.

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule filed June 5, 1974. Amendment filed March 15, 1985; effective June 14. 1985. Repeal and new rule filed April 27, 2007; effective August 28, 2007. Amendments filed March 24, 2016; effective June 22, 2016. Amendments filed March 30, 2017; effective June 28, 2017.

Tenn. Comp. R. & Regs. 0080-06-01-.03 LICENSE, CERTIFICATE, AND PACKING REQUIREMENTS

(1) A person shall not sell, offer for sale, or transport a plant in commerce unless the plant or its shipment is accompanied by a copy of a valid license or certificate from a duly authorized federal or state regulatory official, affirming the plant is apparently free of pests, pest plants, and disease.

(2) No nursery stock or annual plant shall be transported with a wild plant in the same package or lot unless the wild plant is individually packaged or segregated.

(3) Certificates and Licenses.

(a) Unless otherwise stated, all licenses issued under this chapter shall serve as certification that plants and plant parts sold or held by the licensee are apparently free of pests, pest plants, and disease.

(b) Certificates or licenses issued for wild plants shall be separate and distinct from certificates or licenses issued for nursery stock or annual plants.

(c) Each use of a certificate or license after its expiration shall constitute a separate violation of this chapter.

(d) Each use of a certificate or license that is falsified in any manner or that is used in any manner to falsify the contents of a shipment or lot of plants shall constitute a separate violation of this chapter.

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule filed June 5, 1974. Repeal and new rule filed April 27, 2007; effective August 28, 2007. Amendments filed March 24, 2016; effective June 22, 2016. Amendment filed November 6, 2017; effective February 4, 2018.

Tenn. Comp. R. & Regs. 0080-06-01-.04 LICENSE APPLICATION AND FEES

(1) All persons to whom these rules apply shall obtain a license in accordance with this chapter.

(2) Application for any license under this chapter shall be made on forms provided by the department, which shall be completed in full and shall include:

(a) Name of the applicant;

(b) Date of birth for any applicant who is an individual or a partner in a general partnership;

(c) Proof of one of the following for any applicant that is not an individual or a partner in a general partnership:

1. Applicant’s registration in its state of incorporation;

2. Applicant’s registration with the Tennessee Department of Revenue; or, 3. Applicant’s business license issued by a local governmental authority;

(d) Contact information for applicant, to include name of person legally responsible for applicant’s operations, telephone number, email address, address of the principal place of business, and address of the facility to be licensed;

(e) Name and address of applicant’s registered agent for service of process, if any;

(f) Identification of plants intended to be grown and sources of plants intended to be kept for sale or distribution during the licensure year;

(g) Other information as necessary for departmental certification of plants or regulated articles.

(3) Licensees shall notify the department of any changes to the information or contents of an application within 30 days after the change takes place.

(4) Applicants for licensure shall include with their application payment of an annual license fee as appropriate for the following categories of licenses.

(a) Greenhouse License. A greenhouse license is required for each location where a person uses a greenhouse to grow or propagate nursery stock or annual plants for sale or distribution on a commercial basis. The annual fee for a greenhouse license is assessed under T.C.A. § 43-1-703(f) and is determined according to the size of the total growing or propagating area for plants under greenhouse structure(s), as follows:

1. Less than 600 square feet: Tier 4 fee;

2. 600 to 1,000 square feet: Tier 6 fee;

3. 1,001 to 25,000 square feet: Tier 7 fee;

4. More than 25,000 square feet: Tier 9 fee.

(b) Nursery License. A nursery license is required for each location where a person grows or propagates nursery stock or annual plants for sale or distribution on a commercial

basis. The annual fee for a nursery license is assessed under T.C.A. § 43-1-703(f) and is determined according to the size of the total growing or propagating area for plants, as follows:

1. Less than 600 square feet: Tier 4 fee;

2. 600 square feet to one acre: Tier 6 fee;

3. More than one acre to 25 acres: Tier 7 fee;

4. More than 25 acres: Tier 9 fee.

(c) Plant Dealer License. A plant dealer license is required for each location where a person who is not the original grower of nursery stock or annual plants sells, offers for sale, distributes, or holds the plants for distribution on a commercial basis. The annual fee for a plant dealer license is assessed under T.C.A. § 43-1-703(f) and is determined according to the size of the area where plants are sold, offered for sale, distributed, or held for distribution, as follows:

1. Less than 101 square feet: Tier 2 fee;

2. 101 to 4,000 square feet: Tier 6 fee;

3. 4,001 to 20,000 square feet: Tier 7 fee;

4. 20,001 to 32,500 square feet: Tier 9 fee;

5. More than 32,500 square feet: Tier 10 fee.

(d) Florist License. A florist license is required for each location where a person otherwise subject to licensure as a plant dealer is engaged in business as a florist. The fee for a florist license is a Tier 2 annual fee under T.C.A. § 43-1-703(f).

(e) Landscaper License. A landscaper license is required for any person engaged in business as a landscaper. The fee for a landscaper license is a Tier 6 annual fee under T.C.A. § 43-1-703(f).

(f) Wild Plant Collector License. A wild plant collector license is required for any person who acquires wild plants to be grown or kept for sale or distribution on a commercial

basis. The fee for a wild plant collector license is a Tier 5 annual fee under T.C.A. § 43- 1-703(f).

(g) Sweet Potato License. A sweet potato license is required for any person who sells, offers for sale, distributes, holds for distribution, or holds as certified stock on a commercial basis any viable sweet potato plant or plant part. The fee for a sweet potato license is a Tier 5 annual fee under T.C.A. § 43-1-703(f).

(h) Turfgrass License. A turfgrass license is required for any person who sells, offers for sale, distributes, or holds for distribution certified turfgrass sod on a commercial basis.

A turfgrass license issued under this part shall serve as departmental certification that turfgrass sod sold or held by the licensee is apparently free of pests, pest plants, disease, weeds, and other grasses. The fee for a turfgrass license is a Tier 5 annual fee under T.C.A. § 43-1-703(f).

(i) Educational/Nonprofit Plant Organization License. An educational/nonprofit plant organization license may be issued to any person in lieu of any license otherwise required under this chapter. A person may be eligible for an educational/nonprofit plant organization license if the person operates primarily as an educational or nonprofit organization. There is no fee for an educational/nonprofit plant organization license; however, proof of the licensee’s valid status as an educational or nonprofit organization in the person’s state of incorporation may be required by the department prior to issuing the license.

(j) The fee for any license under this chapter shall be waived for any licensee not primarily engaged in the business of producing and selling plants or seedlings.

(5) It is the intent of the department that licensees not be unduly required to pay multiple license fees under this chapter. In order to minimize requirements for multiple licenses, the department may, in lieu of requiring separate licensure for ancillary plant operations, determine in its discretion the primary business of any licensee and aggregate under the fee structure of that business license category any additional areas of the licensee’s ancillary operations where plants are grown, sold, offered for sale, distributed or held for distribution on a commercial basis.

(6) The fee for nematode sample analysis is a Tier 1 fee under T.C.A. § 43-1-703(f). No nematode sample analysis shall be conducted by the department prior to receipt of the analysis fee.

(7) The fee for phytosanitary certificates shall be equivalent to those of the United States Department of Agriculture, Animal Health Inspection Service (USDA APHIS), as set in 7 C.F.R. § 354.3.

(8) An applicant for licensure under this chapter shall remit its application and annual license fee to the department on or before July 1 of each year. All licenses issued under this chapter shall expire on June 30 following their issuance. If an applicant for renewal fails to remit payment of the license fee on or before July 16 of the licensure year for which renewal is sought, the applicant shall also be required to pay a late charge assessed under T.C.A. § 43-1-703 prior to renewal of the applicant’s license.

(9) Applications for licensure may be denied where applicants do not undergo prior to the licensure year an adequate inspection of their plants necessary for certification. Applicants are encouraged to notify the department as early as possible of their intention to seek licensure so that adequate inspection of plants can be conducted prior to the licensure year.

(10) The department may deny any application for licensure that is not completed in accordance with this rule.

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, 43-6-106, and 43-6-113.
• Administrative History: Original rule filed June 5, 1974. Repeal and new rule filed April 27, 2007; effective August 28, 2007. Amendments filed March 24, 2016; effective June 22, 2016. Amendments filed March 30, 2017; effective June 28, 2017.

Tenn. Comp. R. & Regs. 0080-06-01-.05 INSPECTIONS

(1) Scope of inspections. The department may enter any property or location during normal business hours where the department has reason to believe that plants are being grown or kept for sale or distribution. The department may enter such place for the purposes of inspecting any plant or regulated article as necessary for the prevention or mitigation of pests, pest plants, and disease or for the purposes of examining and copying records necessary to determine compliance with this chapter. Inspection shall include the examination of only such plants, regulated articles, facilities, inventory, records, and invoices as are necessary to determine compliance with the Act and this chapter.

(2) Sampling receipts. If the department obtains a sample in the course of any inspection, the department shall provide to the person inspected, or his agent, a receipt describing the samples obtained.

(3) Frequency of inspections. Inspections shall be commenced and completed with reasonable promptness. The department shall notify the person inspected, or his agent, upon completion of any inspection conducted. The department shall conduct inspections of persons under this

chapter as often as the department deems necessary for the prevention or mitigation of pests, pest plants, and disease.

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule filed June 5, 1974. Repeal and new rule filed April 27, 2007; effective August 28, 2007. Amendments filed March 24, 2016; effective June 22, 2016.

Tenn. Comp. R. & Regs. 0080-06-01-.06 REQUIREMENTS OF LICENSEES

(1) Persons subject to this chapter shall:

(a) Maintain their establishment and operation in a manner necessary to show that plants in their possession are apparently free of pests, pest plants, and disease;

(b) Maintain records and invoices of any plant sold, offered for sale, distributed, or held for distribution in the state within the previous three years. Such records must be sufficient to show that the plant was received from a certified source and compliant with any applicable quarantine;

(c) Maintain areas where plants are being grown or kept so as to be readily accessible for inspection;

(d) Provide lighting necessary for adequate inspection of all plants and areas where plants may be grown or held;

(e) Provide full access to facilities, inventory, records, and invoices necessary to departmental inspection;

(f) Comply with any order issued by the department for the prevention or mitigation of pests, pest plants, or disease; and, (g) Give full information as to the source of plants currently or previously held in their possession.

(2) Persons subject to this chapter shall not:

(a) Engage in business or activity for which a license is required under this chapter without first securing the applicable license from the department;

(b) Sell, offer for sale, or move any plant in violation of the Act or this chapter;

(c) Sell, offer for sale, or move any plant previously received without a valid license or certificate affirming the plant to be apparently free of pests, pest plants, and disease;

(d) Move or allow movement of any plant, live organism, regulated article, or other material determined by the department to be capable of harboring pests, pest plants, or disease without first receiving a valid license, certificate, or other written authorization from the department for movement of the item;

(e) Interfere with an authorized representative of the department in the performance of his duties;

(f) Violate any federal or state quarantine of plants, regulated articles, or other material;

(g) Violate a compliance agreement to which the department is a party; or, (h) Sell, offer for sale, move, or allow movement of any apparently infested material.

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule filed June 5, 1974. Repeal and new rule filed April 27, 2007; effective August 28, 2007. Amendments filed March 24, 2016; effective June 22, 2016.

Tenn. Comp. R. & Regs. 0080-06-01-.07 VIOLATIONS

(1) Violations of the Act or this chapter are punishable against any person when committed by either the person or his agent.

(2) Each violation of the Act or this chapter is grounds for issuance of stop movement order(s) against any plant, regulated article, or other material held by the violator or his agent; denial or revocation of any license issued under this chapter; actions for injunction; and imposition of civil penalties or criminal charges against the violator.

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule filed June 5, 1974. Repeal and new rule filed April 27, 2007; effective August 28, 2007. Amendments filed March 24, 2016; effective June 22, 2016.

Tenn. Comp. R. & Regs. 0080-06-01-.08 COMPLIANCE AGREEMENTS

(1) Any breach of a compliance agreement shall constitute a separate violation of this chapter.

(2) Compliance agreement certification fees.

(a) Licensees. Departmental fees for compliance agreement certification shall be waived for any person licensed under this chapter.

(b) Non-licensees. The fee for compliance agreement certification for persons not licensed under this chapter is a Tier 3 annual fee under T.C.A. § 43-1-703(f). Nonpayment of the compliance agreement certification fee shall be grounds for immediate rescission of any compliance agreement.

(3) Revocation of any license issued under this chapter shall be grounds for immediate rescission of any compliance agreement to which the licensee or the department is a party.

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule filed June 5, 1974. Repeal and new rule filed April 27, 2007; effective August 28, 2007. Amendments filed March 24, 2016; effective June 22, 2016.

Tenn. Comp. R. & Regs. 0080-06-01-.09 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule filed June 5, 1974. Repeal and new rule filed April 27, 2007; effective August 28, 2007. Repeal filed March 24, 2016; effective June 22, 2016.

Tenn. Comp. R. & Regs. 0080-06-01-.10 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule filed June 5, 1974. Repeal and new rule filed April 27, 2007; effective August 28, 2007. Repeal filed March 24, 2016; effective June 22, 2016.

Tenn. Comp. R. & Regs. 0080-06-01-.11 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule filed June 5, 1974. Repeal and new rule filed April 27, 2007; effective August 28, 2007. Repeal filed March 24, 2016; effective June 22, 2016.

Tenn. Comp. R. & Regs. 0080-06-01-.12 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule filed March 12, 1993; effective June 29, 1993. Repeal and new rule filed April 27, 2007; effective August 28, 2007. Repeal filed March 24, 2016; effective June 22, 2016.

Tenn. Comp. R. & Regs. 0080-06-01-.13 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule filed March 12, 1993; effective June 29, 1993. Repeal and new rule filed April 27, 2007; effective August 28, 2007. Repeal filed March 24, 2016; effective June 22, 2016.

Tenn. Comp. R. & Regs. 0080-06-01-.14 PINE AND HARDWOOD SEEDLINGS USED FOR REFORESTATION

Treatment is necessary to prevent the unnatural intrastate and interstate movement of pest plants such as Cogongrass (Imperata cylindrica), Tropical soda apple (Solanum), and Tropical spiderwort (Benghal dayflower, Commelina benghalensis), as well as other exotic invasive pest plants and noxious weeds in Tennessee, which are known to spread through the extensive reforestation and forestation practices that are common in the state. The preferred method of treatment, to ensure pest-free plant material, is to fumigate seedling plant beds with methyl bromide prior to seeding. All such treatments shall be done using state and federally-registered pesticides. Shipments originating from outside Tennessee must be accompanied by a certificate of inspection issued by the state of origin. Fumigation certificates shall be issued by an inspector for intrastate and interstate shipments of conifer and hardwood seedlings upon request

History

• Authority: T.C.A. §§ 43-6-104, 43-6-106(5), 43-6-106(6), and 43-6-106(9).
• Administrative History: Original rule filed October 14, 2009; effective March 31, 2010.

Tenn. Comp. R. & Regs. 0080-06-01-.15 STOP MOVEMENT ORDERS

(1) The department may issue a stop movement order for any plant, regulated article, or other material being moved in violation of the Act or this chapter or that is found to be infested or to be capable of harboring pests, pest plants, or disease.

(2) A stop movement order may be lifted by the department when the owner or possessor of the item subject to the order performs one of the following actions at the owner’s or possessor’s expense:

(a) The item is treated as ordered by the department to mitigate or prevent dissemination of pests, pest plants, and disease;

(b) The item is returned to its origin as ordered by the department; or, (c) The item is destroyed as ordered by the department to prevent dissemination of any pest, pest plant, or disease.

(d) If none of the actions under subparagraphs (a)-(c) is taken by the owner or possessor of the item within 10 days of the stop movement order being issued, the department may order the item be destroyed at its owner’s expense.

(3) Any person aggrieved by an order of the department issued under the Act or this chapter, may petition the department for review of the order under T.C.A. § 43-6-105 and the Uniform Administrative Procedures Act. Petitions for review of a departmental order must be submitted to the department in writing within 10 days of the order being issued. If no petition is filed with the department within the 10 day period, the department’s order shall become final and will not be subject to review.

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule filed March 12, 1993; effective June 29, 1993. Repeal and new rule filed April 27, 2007; effective August 28, 2007. Amendment filed October 14, 2009; effective March 31, 2010. Amendments filed March 24, 2016; effective June 22, 2016.

Tenn. Comp. R. & Regs. 0080-06-01-.16 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule filed March 12, 1993; effective June 29, 1993. Repeal and new rule filed April 27, 2007; effective August 28, 2007. Amendment filed October 14, 2009; effective March 31, 2010. Repeal filed March 24, 2016; effective June 22, 2016.

Tenn. Comp. R. & Regs. 0080-06-01-.17 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule filed April 27, 2007; effective August 28, 2007. Amendment filed October 14, 2009; effective March 31, 2010. Repeal filed March 24, 2016; effective June 22, 2016.

Tenn. Comp. R. & Regs. 0080-06-01-.18 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, 43-6-106, and 43-6-109.
• Administrative History: Original rule filed April 27, 2007; effective August 28, 2007. Amendment filed October 14, 2009; effective March 31, 2010. Repeal filed March 24, 2016; effective June 22, 2016.

Tenn. Comp. R. & Regs. 0080-06-01-.19 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule filed April 27, 2007; effective August 28, 2007. Amendment filed October 14, 2009; effective March 31, 2010. Repeal filed March 24, 2016; effective June 22, 2016.

Tenn. Comp. R. & Regs. 0080-06-01-.20 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule filed April 27, 2007; effective August 28, 2007. Amendment filed October 14, 2009; effective March 31, 2010. Repeal filed March 24, 2016; effective June 22, 2016.

Tenn. Comp. R. & Regs. 0080-06-01-.21 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule filed April 27, 2007; effective August 28, 2007. Amendment filed October 14, 2009; effective March 31, 2010. Repeal filed March 24, 2016; effective June 22, 2016.

Chapter 0080-06-02 Repealed

Tenn. Comp. R. & Regs. 0080-06-02-.01 REPEALED

History

• Authority: T.C.A. § 43-6-104.
• Administrative History: Original rule certified June 5, 1974. Repeal filed May 31, 2013; effective October 29, 2013.

Tenn. Comp. R. & Regs. 0080-06-02-.02 REPEALED

History

• Authority: T.C.A. § 43-6-104.
• Administrative History: Original rule certified June 5, 1974. Repeal filed May 31, 2013; effective October 29, 2013.

Tenn. Comp. R. & Regs. 0080-06-02-.03 REPEALED

History

• Authority: T.C.A. § 43-6-104.
• Administrative History: Original rule certified June 5, 1974. Repeal filed May 31, 2013; effective October 29, 2013.

Tenn. Comp. R. & Regs. 0080-06-02-.04 REPEALED

History

• Authority: T.C.A. § 43-6-104 .
• Administrative History: Original rule certified June 5, 1974. Repeal filed May 31, 2013; effective October 29, 2013.

Tenn. Comp. R. & Regs. 0080-06-02-.05 REPEALED

History

• Authority: T.C.A. § 43-6-104 .
• Administrative History: Original rule certified June 5, 1974. Repeal filed May 31, 2013; effective October 29, 2013.

Tenn. Comp. R. & Regs. 0080-06-02-.06 REPEALED

History

• Authority: T.C.A. § 43-6-104.
• Administrative History: Original rule certified June 5, 1974. Repeal filed May 31, 2013; effective October 29, 2013.

Tenn. Comp. R. & Regs. 0080-06-02-.07 REPEALED

History

• Authority: T.C.A. § 43-6-104 .
• Administrative History: Original rule certified June 5, 1974. Repeal filed May 31, 2013; effective October 29, 2013.

Tenn. Comp. R. & Regs. 0080-06-02-.08 REPEALED

History

• Authority: T.C.A. § 43-6-104.
• Administrative History: Original rule certified June 5, 1974. Repeal filed May 31, 2013; effective October 29, 2013.

Tenn. Comp. R. & Regs. 0080-06-02-.09 REPEALED

History

• Authority: T.C.A. § 43-6-104.
• Administrative History: Original rule certified June 5, 1974. Repeal filed May 31, 2013; effective October 29, 2013.

Tenn. Comp. R. & Regs. 0080-06-02-.10 REPEALED

History

• Authority: T.C.A. § 43-6-104.
• Administrative History: Original rule certified June 5, 1974. Repeal filed May 31, 2013; effective October 29, 2013.

Tenn. Comp. R. & Regs. 0080-06-02-.11 REPEALED

History

• Authority: T.C. A. § 43-6-104.
• Administrative History: Original rule certified June 5, 1974. Repeal filed May 31, 2013; effective October 29, 2013.

Chapter 0080-06-03 Sweet Potato Certification

Tenn. Comp. R. & Regs. 0080-06-03-.01 CERTIFICATION

No sweet potato roots or tubers, vines, cuttings, draws, plants or slips shall be sold, offered for sale, held, or stored as certified stock unless they shall have been certified as being essentially free of insect pests and/or plant diseases by the Director of Entomology and Plant Pathology of the Tennessee Department of Agriculture, or by a legally constituted agency designated for such purpose in other states, territories or countries. The requirements for certification of sweet potato roots or tubers, or vines, plants, cuttings, draws or slips in the State of Tennessee are as follows:

(1)(a)All persons desiring certification of sweet potatoes shall make application to the Director of Entomology and Plant Pathology of the Tennessee Department of Agriculture as provided below. 1.Applicants requesting certification beginning with certified bedding stock shall make application on or before February 15 of each calendar year. 2.Applicants requesting certification beginning with certified plants, slips, vines or draws shall make application as soon as practicable, but at least two (2) weeks prior to planting date.

(b)Only fields set from certified parent stock will be eligible for certification. Fields offered for certification may be from plants produced by the applicant from an approved certified seed source, or from certified plants secured from certified plant producers.

(c)For bedding purposes only certified seed stock from an approved source will be eligible for certification. Applicants shall be required to furnish evidence that the seed potatoes used were, in fact, secured, from such approved source.

(d)All seed used for bedding stock must be culled and treated at bedding time with an approved fungicide, under the supervision of a representative of the Director of Entomology and Plant Pathology.

(e)The plant beds shall be constructed of new material, provided that old bedding sites or materials may be used if they are thoroughly treated with an approved disinfectant. An old soil shall be removed from plant beds and replaced with new soil each year, provided that old soil may be used if it is thoroughly sterilized, and provided further, that the methods and materials used meet with the approval of the Director of Entomology and Plant Pathology or his representative.

(f)Sweet potato fields offered for certification shall be on soil in which sweet potatoes have not been grown for a period of five (5) years, and which has not been subjected to drainage from soil previously contaminated with disease.

(g)Fields offered for certification must be well cultivated and maintained essentially free of weeds and grasses. Fields not so maintained may be refused certification.

(h)Fields offered for certification shall have no mixture of varieties, provided, that any off-variety plants occurring in a field may be removed by the grower. If such off-variety plants, and roots or tubers, are satisfactorily eliminated, the field may be eligible for certification.

History

• Authority: T.C.A. §43-518.
• Administrative History: Original Rule certified June 5, 1974.

Tenn. Comp. R. & Regs. 0080-06-03-.02 REQUIREMENTS

Plantings of sweet potatoes offered for certification must be maintained essentially free of insect pests and plant diseases. Applicants for certification of sweet potatoes may be re-required to spray and/or dust potato plantings with an insecticide and/or fungicide at such intervals and using such formulations and quantities of materials as shall be prescribed by the Director of Entomology and Plant Pathology, when in his opinion circumstances or conditions warrant such measures. It shall be the responsibility of the grower to keep records of such insecticidal and/or fungicidal applications and to furnish this information to the Director of Entomology and Plant Pathology or his representative on request.

History

• Authority: T.C.A. §43-518.
• Administrative History: Original Rule certified June 5, 1974.

Tenn. Comp. R. & Regs. 0080-06-03-.03 SEPARATION OF FIELDS

Fields offered for certification shall be separated from non-certified potato fields by a distance of at least 500 feet.

History

• Authority: T.C.A. §43-518.
• Administrative History: Original Rule certified June 5, 1974.

Tenn. Comp. R. & Regs. 0080-06-03-.04 STORAGE

Storage: Seed for certification shall be stored in approved storage houses that have been thoroughly cleaned and disinfected prior to storage. Only potatoes eligible for certification may be stored in the house, provided, however, that other potatoes may be stored in the same building, subject to prior approval of the Director of Entomology and Plant Pathology and if the certified and non-certified potatoes are kept separate and apart by a solid wall or partition of wood, masonry or similar construction. All potatoes offered for certification shall be stored in boxes, crates, hampers or similar types of containers.

History

• Authority: T.C.A. §43-518.
• Administrative History: Original Rule certified June 5, 1974. 0080.6-3-.05 MINIMUM INSPECTIONS. The following minimum inspections shall be made each year with additional inspections, should circumstances warrant such action: (1)(a)Inspection of bedding stock and bedding site at time potatoes are to be bedded, and supervision of fungicidal treatment by a representative of the Director of Entomology and Plant Pathology. It shall be the responsibility of the grower to notify the Director of Entomology and Plant Pathology, or his representative, of the date that bedding is to begin. Notice shall be given as soon as practicable, but at least 48 hours prior to time bedding is to commence. (b)At least two (2) inspections of the plant beds shall be made, beginning at about the time the first plants are to be removed from beds. (c)Fields offered for certification shall be inspected at least twice each year during the growing season for detection of field diseases. One inspection is to be made in the early part of the growing season, with a second inspection to be completed before digging time. (d)An inspection of seed potatoes shall be made during the storage period, primarily for the detection of Black Rot, Internal Cork, storage rots and other diseases and insects. The owner of potatoes shall be required to furnish facilities, such as adequate lighting, labor for handling crates etc. for their inspection. Representative samples from various varieties and areas of the storage house shall be inspected. Authority: T.C.A. §43-518.

Tenn. Comp. R. & Regs. 0080-06-03-.06 TOLERANCES

Sweet potatoes certified must not exceed the following tolerances on any one inspection or on a combination of all inspections:

(1)(a)Fusarium Wilt (Stem Rot) - 1/10 of one per cent.

(b)Black Rot - 1/10 of one per cent.

(c)Charcoal Rot and other storage rots - 2% if properly culled.

(d)Internal Cork - none.

(e)Mosaic - none.

(f)Certification may be denied for seriously damaging infestations by other diseases or pests, such as scurf, nematodes, wireworms, flea beetles or other diseases or insect pests.

(g)Not limited by the above, any seriously injurious plant pest or disease appreciably damaging to sweet potatoes or capable of being spread or transmitted to new areas by the movement of sweet potato roots or tubers, or vines, plants, slips or draws.

History

• Authority: T.C.A. §43-518.
• Administrative History: Original Rule certified June 5, 1974.

Tenn. Comp. R. & Regs. 0080-06-03-.07 CERTIFIED STOCK

Applicants for certification shall be required to grow and store only certified stock, Provided, however, that both certified and non-certified stock may be grown and stored if the grower shall have first secured a prior exemption from this requirement from the Director of Entomology and Plant Pathology. Such exemptions shall be granted only under such conditions and precautions as may be prescribed by the Director of Entomology and Plant Pathology.

History

• Authority: T.C.A. §43-518.
• Administrative History: Original Rule certified June 5, 1974.

Tenn. Comp. R. & Regs. 0080-06-03-.08 CERTIFICATE TAPE

All certified seed sweet potatoes when shipped, sold, delivered or transported for sale or delivery in this State shall have affixed to each package, or container, a tag which shall bear a copy of the valid certificate of inspection covering such products. All sweet potato plants, vines, slips, cuttings or draws sold, Shipped, delivered or transported for sale, in the State of Tennessee must be tied in bundles of 100 with valid certificate tape of the current year. Each package, crate or container must have attached a valid sweet potato plant certificate. Tape will be furnished at cost to those growers that have met all qualifications for certification.

Tags shall expire on the same date as the certificates under which they are printed unless such certificates shall be suspended or revoked prior to that date. In case of suspension or revocation all tags and certificates shall be immediately surrendered to the Director of Entomology and Plant Pathology or his representative. Use of tags beyond their expiration date or on products not covered by the certificate shall be a violation of these regulations.

History

• Authority: T.C.A. §4:3-518.
• Administrative History: Original Rule certified June 5, 1974.

Tenn. Comp. R. & Regs. 0080-06-03-.09 SUSPENSION OF CERTIFICATES

All certificates issued under these regulations may be immediately suspended or revoked when:

(1)(a)Stock covered by the certificate is determined to be in a non-certifiable status in accordance with the provisions of these regulations.

(b)Certificate tags or tape are misused, transferred, sold, loaned, used on stock not covered by the certificate, or otherwise handled or used in violation of these regulations.

(c)Any of the provisions of the Tennessee Plant Pest Act of 19.5.5 (Sec. 4-3-515 through 43-526, as amended, of the Tennessee Code Annotated), or any of the regulations promulgated thereunder are violated by the holder of said certificate, or when used in violation of any applicable quarantines.

History

• Authority: T.C.A. §43-518.
• Administrative History: Original Rule certified June 5, 1974.

Tenn. Comp. R. & Regs. 0080-06-03-.10 PENALTIES

Any person who shall violate any provision or requirement of these regulations shall be liable to the penalties prescribed in Section 43-526 of the Tennessee Code Annotated.

History

• Authority: T.C.A §43-518.
• Administrative History: Original Rule certified June 5, 1974.

Tenn. Comp. R. & Regs. 0080-06-03-.11 REVOCATION OF RULES

All rules and regulations heretofore promulgated on this subject are hereby rescinded, revoked and suspended.

History

• Authority: T.C.A. §43-518.
• Administrative History: Original Rule certified June 5, 1974.

Chapter 0080-06-04 Regulations for Turfgrass Certification

Tenn. Comp. R. & Regs. 0080-06-04-.01 CERTIFICATION

No turfgrass sod shall be sold, offered, stored or held for sale, or transported within or into the State unless such stock shall have been certified as being essentially free of injurious plant pests, diseases, weeds, and mixtures of other grasses by the Director, Division of Plant Industries of the Tennessee Department of Agriculture, or by a legally constituted agency designated for such purposes in other States, territories or countries; Provided, however, that under certain stipulated conditions enumerated below uncertified turfgrass sod may be allowed to be moved within the State under a permit issued by the Director of the Division of Plant Industries. The requirements for the certification of turfgrass sod are as follows:

(1)(a)Persons desiring to offer turfgrass sod for certification must make application to the Director, Division of Plant Industries, Tennessee Department Of Agriculture at least sixty (60) days prior to the preparation of the land for planting, for approval of the proposed planting site.

(b)Stock must be planted on land previously approved by the Director, or a representative of the Division of Plant Industries, Tennessee Department of Agriculture.

(c)Vegetative propagating stock or seed used for planting must have been secured from sources that are certified by a duly established certifying agency of this or other states and it shall be the’ responsibility of the applicant to furnish documentary evidence that such stock or seed was in fact secured from such certified sources.

(d)Fields or blocks of turfgrass sod for certification must be isolated from other perennial grasses, crops or weeds by a clean or fallow strip or barrier at least ten (10) feet wide. Where more than one variety or species of turfgrass is being grown for certification in the same field they must be separated by a clean or fallow barrier at least ten (10) feet wide in order to prevent mixtures.

(e)Fields or blocks of turfgrass for certification must be maintained essentially free of injurious plant pests and/or diseases, and must show evidence of good cultural practices (fertilization, mowing, weed control, etc.). A grower may be required to apply specific control measures as recommended or approved by the Director, Division of Plant Industries, when such measures in the judgment of the Director or his representative are required for the control of plant pests, diseases, or weeds. Failure or refusal to carry out such control measures may disqualify the field or block from certification or result in the cancellation of any certification then in effect.

Records of all pesticide applications must be kept by the grower and made available to the Director or his representative on request.

(f)Certification of turfgrass sod in Tennessee will be made in two classifications: 1.Tennessee Certified Premium - Turfgrass sod certified in this classification must meet the following minimum requirements:

(i) Ninety-five percent (95%) pure stand, with not more than five percent (5%) of species of turfgrasses other than the one offered for certification.

(ii) Essentially free of injurious plant pests and diseases.

(iii) Free of prohibited weeds and essentially free of other weeds (not more than three percent (3%) at time of last inspection prior to harvesting).

(iv)The sod must be of uniform color, density, texture and free of excessive thatch. 2.Tennessee Certified Turfgrass sod certified in this classification must meet the following minimum requirements:

(i)Eighty-five percent (85%) pure stand with not more than fifteen percent (15%) of varieties or species of turfgrasses other than the one offered for certification.

(ii)Essentially free of injurious plant pests and diseases.

(iii)Free of prohibited weeds and essentially free of other weeds (not more than five percent (5%) at time of last inspection prior to harvesting).

(iv)The sod must be of uniform color, density, texture and free of excessive thatch.

3. List of prohibited weeds:

(i)Bindweed Convolvulus arvensis (ii)Buckhorn plantainPlantago lanceolata (iii)ThistleCirsium spp.

(iv)CorncockleAgrostemma githago (v)DodderCuscuta spp.

(vi)JohnsongrassSorghum halepense (vii)Oxeye DaisyChrysanthemum leucanthesuma (viii)QuackgrassAgropyron repens (ix)Wild garlicAllium vineale (g)Should the inspection indicate that a part or parts of a field or block of turfgrass sod do not meet the certification requirements in either of the two classifications listed above, the remainder of the block or field meeting the certification requirements may be certified.

(h)Inspections: The following minimum inspections will be made. Other inspections may be made as individual circumstances warrant. 1.Planting site inspection - In order to be eligible for certification the site or sites to be planted in turfgrass must be inspected and approved by a representative of the office at least sixty (60) days prior to the preparation of the land for planting. 2.Pre-plant inspection - will be made before final preparation for planting. Land should not be tilled or cultivated for at least two (2) weeks prior to this inspection which is for the purpose of detecting any noxious weeds and undesirable perennial grasses that may have germinated after initial land preparation for planting. 3.Field inspections - One or more field inspections will be made each growing season to determine purity of stand, and to detect the presence of other perennial grasses, prohibited and other weeds, plant pests and diseases. 4.Pre-harvest inspection - will be made within thirty (30) days prior to harvesting.

History

• Authority: T.C.A. §43-518.
• Administrative History: Original Rule certified June 5, 1974.

Tenn. Comp. R. & Regs. 0080-06-04-.02 PERMITS

(1)Recognizing the fact that sufficient quantities of certified turfgass sod may not be available to meet the demands for a period of time, provisions are hereby made whereby permits may be issued by the Director, Division of Plant Industries, Tennessee Department of Agriculture for the sale and/or movement of uncertified turfgrass sod within the State.

(2)Permits for the sale or movement of uncertified turfgrass sod to designated locations or planting sites within the State may be issued provided:

(a)The inspections indicate that the proposed sale or movement of such sod will be in compliance with any State or Federal Plant Quarantines.

(b)The proposed sale or movement of the sod will not in the judgment of the inspector result in the dissemination of any particularly injurious plant pests, diseases, or prohibited weeds. If in the judgment of the inspector the movement of such sod is likely to result in the dissemination and establishment of any of the above pests the permit will be denied and the decision of the inspector shall be final.

(3)Applications for permits for the sale and movement of uncertified turfgrass sod should be filed with the Director, Division of Plant Industries, Tennessee Department of Agriculture at least two (2) weeks prior to the anticipated sale or movement. A separate permit will be required for each block field or area from which turfgrass sod is to be harvested. The permits will be valid for a period of ninety (90) days from date of issuance. The application should provide the following information in order to facilitate the inspection of fields and issuance of permits.

(a)Name and address of owner or seller.

(b)Name and address of purchaser.

(c)Exact location of the area or field from which sod will be harvested and estimated acreage.

(d)Variety or species.

(e)Where sod will be used and for what purpose (lawn, roadside, industrial area, etc.).

(f)Approximate date movement of sod will begin.

History

• Authority: T.C.A. §43-518.
• Administrative History: Original Rule certified June 5, 1974.

Tenn. Comp. R. & Regs. 0080-06-04-.03 SHIPMENT TAG

Each shipment of certified turfgrass sod shipped, sold, delivered or transported for sale or delivery in the State must be accompanied by a tag which shall bear a copy of the valid certificate covering such stock. The certificate tags expire on the same date as the certificate under which they are printed unless the certificate shall be suspended or revoked prior to the expiration date. Uncertified turfgrass sod may be moved under a permit, and such permits expire ninety (90) days from date of issuance. Use of certificate tags or permits beyond their expiration date or on material not covered by these documents shall be a violation of these regulations.

History

• Authority: T.C.A. §43-518.
• Administrative History: Original Rule certified June 5, 1974.

Tenn. Comp. R. & Regs. 0080-06-04-.04 REVOCATION OF CERTIFICATES

Certificates or permits issued under these regulations may be suspended or revoked when:

(1)Stock covered by the certificate or permit is found to be in a non-certifiable status in accordance with the provisions of the regulations.

(2)Certificate tags or permits are misused, transferred, sold, loaned, used on stock not covered by the certificate or permit, or otherwise handled or used in violation of these regulations.

(3)Any of the provisions of the Tennessee Plant Pest Act of 1955 (See. 43-515 through 43-526, as amended, of the Tennessee Code Annotated), or any of the regulations promulgated thereunder are violated by the holder of said permit or certificate or when used in violation of any applicable quarantine.

History

• Authority: T.C.A. §43-518.
• Administrative History: Original Rule certified June 5, 1974.

Tenn. Comp. R. & Regs. 0080-06-04-.05 PENALTIES

Any person who shall violate any provision or requirement of these regulations shall be liable to the penalties provided in Section 43-526 of the Tennessee Code Annotated.

History

• Authority: T.C.A. §43-518.
• Administrative History: Original Rule certified June 5, 1974.

Chapter 0080-06-05 Repealed

Tenn. Comp. R. & Regs. 0080-06-05-.01 REPEALED

History

• Authority: T.C.A. § 43-6-104.
• Administrative History: Original rule certified June 5, 1974. Repeal filed May 31, 2013; effective October 29, 2013.

Tenn. Comp. R. & Regs. 0080-06-05-.02 REPEALED

History

• Authority: T.C.A. § 43-6-104.
• Administrative History: Original rule certified June 5, 1974. Repeal filed May 31, 2013; effective October 29, 2013.

Tenn. Comp. R. & Regs. 0080-06-05-.03 REPEALED

History

• Authority: T.C.A. § 43-6-104.
• Administrative History: Original rule certified June 5, 1974. Repeal filed May 31, 2013; effective October 29, 2013.

Tenn. Comp. R. & Regs. 0080-06-05-.04 REPEALED

History

• Authority: T.C.A. § 43-6-104.
• Administrative History: Original rule certified June 5, 1974. Repeal filed May 31, 2013; effective October 29, 2013.

Tenn. Comp. R. & Regs. 0080-06-05-.05 REPEALED

History

• Authority: T.C.A. § 43-6-104.
• Administrative History: Original rule certified June 5, 1974. Repeal filed May 31, 2013; effective October 29, 2013.

Tenn. Comp. R. & Regs. 0080-06-05-.06 REPEALED

History

• Authority: T.C.A. § 43-6-104.
• Administrative History: Original rule certified June 5, 1974. Repeal filed May 31, 2013; effective October 29, 2013.

Tenn. Comp. R. & Regs. 0080-06-05-.07 REPEALED

History

• Authority: T.C.A. § 43-6-104.
• Administrative History: Original rule certified June 1 5, 1974. Repeal filed May 31, 2013; effective October 29, 2013.

Tenn. Comp. R. & Regs. 0080-06-05-.08 REPEALED

History

• Authority: T.C.A. § 43-6-104.
• Administrative History: Original rule certified June 1974. Repeal filed May 31, 2013; effective October 29, 2013.

Tenn. Comp. R. & Regs. 0080-06-05-.09 REPEALED

History

• Authority: T.C.A. § 43-6-104.
• Administrative History: Original rule certified June 5, 1974. Repeal filed May 31, 2013; effective October 29, 2013.

Tenn. Comp. R. & Regs. 0080-06-05-.10 REPEALED

History

• Authority: T.C.A. § 43-6-104.
• Administrative History: Original rule certified June 5, 1974. Repeal filed May 31, 2013; effective October 29, 2013.

Tenn. Comp. R. & Regs. 0080-06-05-.11 REPEALED

History

• Authority: T.C.A. § 43-6-104.
• Administrative History: Original rule certified June 5, 1974. Repeal filed May 31, 2013; effective October 29, 2013.

Tenn. Comp. R. & Regs. 0080-06-05-.12 REPEALED

History

• Authority: T.C.A. § 43-6-104.
• Administrative History: Original rule certified June 5, 1974. Repeal filed May 31, 2013; effective October 29, 2013.

Tenn. Comp. R. & Regs. 0080-06-05-.13 REPEALED

History

• Authority: T.C.A. § 43-6-104.
• Administrative History: Original rule certified June 5, 1974. Repeal filed May 31, 2013; effective October 29, 2013.

Tenn. Comp. R. & Regs. 0080-06-05-.14 REPEALED

History

• Authority: T.C.A. § 43-6-104.
• Administrative History: Original rule certified June 5, 1974. Repeal filed May 31, 2013; effective October 29, 2013.

Chapter 0080-06-06 Sweet Potato Weevil Quarantine

Tenn. Comp. R. & Regs. 0080-06-06-.01 DEFINITIONS

(1)Pest: The Sweet Potato Weevil (Cylas formicaris, Fab., Var. elegantulus Summers) in any stage of development.

(2)Infestation: The presence of the Sweet Potato Weevil.

(3)Regulated Area(s): The States in which the Sweet Potato Weevil is known to occur or in which the Sweet Potato Weevil may hereafter be found to occur.

(4)Regulated Articles:

(a)Roots, stems, vines or cuttings of the sweet potato (Ipomoea batatas, Poir.)

(b)Any vines or roots or other plants of the genus lpomea (c)Any other plants that may be found to be a host of the Sweet Potato Weevil.

(5)Move (moved, Movement): Shipped, transported, carried, or otherwise moved, or allowed to be moved, either by common carrier or by any person directly or indirectly.

(6)Infested area: The portions of all states in which Sweet Potato Weevil is known to occur and that are so officially designated by the Sweet Potato Weevil Quarantine of the states of Alabama, Arkansas, Florida, Georgia, Louisiana, Mississippi, North Carolina, South Carolina, Tennessee and Texas.

History

• Authority: T.C.A. §§43-518 and 43-6-104.
• Administrative History: Original rule certified June 5, 1974. Amendment filed August 22, 1983; effective November 14, 1983. Amendment filed November 18, 1986, effective February 28, 1987. Amendment filed June 23, 1987; effective September 28, 1987.

Tenn. Comp. R. & Regs. 0080-06-06-.02 REGULATED AREAS

(1)Alabama (a)The entire counties of Baldwin, Clarke, Coffee, Conecuh, Covington, Escambia, Geneva, Henry, Houston, Mobile, Monroe, and Washington.

(b)That portion of Russell County consisting of the N 1/2 of T16 N, R30 E; NE 1/4 of T 16 N, R 29 E; E l/2 of T 17N, R 29 E; all of T 17 N, R 30 E; all of T 18N, R 30 E.

(2)Arkansas (a)That portion of Southeast Union County Arkansas lying East of a North and South line from the Quachita River, across Highway 15 through Lawson, through Hillsboro and following the road South of Hillsboro to the Louisiana line. This area shall also be known as the Quarantined Area and the Infested Area under this quarantine.

(3)Florida (a)The entire state.

(4)Georgia (a)Appling County - All that portion of the County in G.M.D. 457, including the city of Baxley.

That portion of the County in G.M.D.’s 443 and 1239, bounded on the north by the Southern Natural Gas Company right of way, on the east by Georgia Highway 121, on the south by U.S.

Highway 341 and on the west by G.M.D. lines 1239 and 443. That portion of the county lying within a two (2) mile radius of Satilla Church. That portion of the County in G.M.D. 1723 lying west of Georgia Highway 121 and north of Georgia Highway 99.

(b)Bacon County - That portion of the county in G.M.D. 1731 lying north of Georgia Highway 32 and west of Georgia Highway 99.

(c)Bryan County - That portion of the county lying east of the Jacksonville-Savannah main line of the Seaboard Coastline Railroad.

(d)Camden County - That portion of the county lying east of the Jacksonville-Savannah main line of the Seaboard Coastline Railroad.

(e)Chatham County - That portion of the county lying east of the Jacksonville-Savannah main line of the Seaboard Coastline Railroad.

(f)Clinch County - That portion of the county lying within a two (2) mile radius of Prospect Church on Georgia Highway 37 West.

(g)Colquitt County - The city of Moultrie and that area extending one (1) mile beyond the city limits.

(h)Decatur County - That portion in the southeast corner of the county lying within a two (2) mile radius of the community known as McRaveille.

(i)Dougherty County - The city of Albany and that area extending one (1) mile beyond the city limits.

(j)Echols County - That portion of the county lying east of the Seaboard Coastline Railroad. The city of Statenville and that area extending one and one half (1 1/2) miles beyond the city limits.

(k)Glynn County - That portion of the county lying east of the Jacksonville-Savannah main line of the Seaboard Coastline Railroad.

(l)Grady County - The city of Cairo and that area extending one (1) mile beyond the city limits.

That area of the county within a one (I) mile radius of a point one and one half (1 ½) miles north of the Cairo city limits on Georgia Highway 93 known as the Pelham Highway. All that area of the county lying within G.M.D 553.

(m)Liberty County That portion of the county lying east of the Jacksonville-Savannah main line of the Seaboard Coastline Railroad (n)Lowndes County - The city of Valdosta and that area extending one (1) mile beyond the city limits.

(o)McIntosh County That portion of the county lying east of the Jacksonville-Savannah main line of the Seaboard Coastline Railroad.

(p)Pierce County The city of Blackshear and that area extending one (1) mile beyond the city limits, and that contiguous area extending southwesterly, bounded on the north by the Rehobeth Church Road, on the east by Georgia Highway 15, and the south and west by the Satilla River and the county line. The city of Offerman and that area extending one (1) mile beyond the city limits.

(q)Ware County The city of Waycross and that area extending one (1) mile beyond the city limits.

(5)Louisiana (a)Quarantined areas in Louisiana are hereby declared to be the entire parishes of: Acadia, Allen, Ascension, Assumption, Avoyelles, Beauregard, Calcasieu, Cameron, East Baton Rouge, East Feliaiana, Evangeline, Iberia, Iberville, Jefferson, Jefferson Davis, .Lafayette, Lafourche, Livingston, Orleans, Plaquemines, Poi Coupee, Rapides, Sabine, St. Bernard, St., Charles, St.

Helena, St. James, St. John the Baptist, St. Landry, St. Martin, St. Mary, St., Tammany, Tangipahoa, Terrebonne, Vermilion, Vernon, Washington, West Baton Rouge, West Feliciana.

(b)The following properties, together with all properties within a one-mile radius of each of said properties, are hereby declared quarantined:

Bienville Parish L.H. Shropshire, Section 29, T16N, R8WDeloris Evans, Section 32, T16N, R8W Frank A. Clements, Section 29, T16N, R8WJ.K. Howard, Section 2, T14N, R8W Rev. James A. Sealy, Section 29, TI 6N, R8WBen Rigdon, Section 35, T15N, R8W W.C. (Buck) Rowell, Section 32, T16N, R8WJames Loftin, Section 36, T16N, R9W Caddo Parish George Payne, Section 32, T17N, R14W Caldwell Parish Ray Grant, Section 33, T12N, R4EElijah Haddox, Section 19, T13N, R4E Lance Arthurs, Section 30, T13N, R4EMac Crain, Section 30, T13N, R4E Homer Meredith, Section 30, T13N, R4ESylvester Lemon, Section 34, T13N, R3E Grant Parish The entire parish, except those properties located west of a line that runs north and south from the Red River to Verda, Louisiana.

Jackson Parish Mrs. G. Moore, Section 31, T14N, R3WMyrtle Richard, Section 32, T14N, R3W Myrtle Richard, Section 32, T14N, R3WCibie Hines, Section 29, T14N, R3W Woodie Tew, Section 30, T14N, R3W LaSalle Parish The entire city limits of Jena, LouisianaWarren Huffman, Section 41, T7N, R3E W. Bigner, Section 42, T7N, R3EM.B. Steen, Section 10, T8N, R3E Vance Elliott, Section 6, T8N, R4EDella Paul, Section 40, T7N, R3E Carl Girlinghouse, Section 40, T7N, R3EJack Enterkin, Section 33, T8N, R4E Moorehouse Parish The entire city limits of Bastrop, LouisianaGlenda Johnson, Section 18, T21N, R6E Evan Bounds, Section 19, T21N, R6ERobert Fleming, Section 18, T21N, R6E Henry Butler, Section 19, T21N, R6EMrs. T.D. Braswell, Section 5, T21N, R6E William C. Corley, Section 20, T21N, R6EElda Goudeaus, Section 6, T21N, R5E H.M. Garrett, Section 25, T21N, R6EVernon Stevens, Section 32, T21N, R6E T.W. Hixon, Section 18, T21N, R6ECharles Dumas, Section 6, T21N, R6E Kermit Ritchey, Section 20, T21N, R6EMrs. C.B. Cummingham, Section 4, T21N, R6E John C. Yeldell, Section 20, T21N, R6EDavid Afford, Section 31, T20N, R5E Keith Andrews, Section 18, T21N, R6ENathan Harden, Section 31, T20N, R5E Ellis Reynolds, Section 18, T21N, R6E Quachita Parish Byron Griggs, Section 29, T18N, R3ESusie Blankenship, Section 19, T18N, R3E Robert Funderburk, Section 15, T17N, R3EAllen C. Brister, Section 19, T18N, R3E Winn Parish John Earl, Section 2, T13N, R4WGeorge Brewton, Section 13, T12N, R4W Arnold Temple, Section 1, TI 3N, R4WAlton Carpenter, Section 8, T12N, R2W Mrs. Lovey Shively, Section 1, T13N, R4WA.W. Bates, Section 28, T12N, R4W G.W. Jones, Section 15, TllN, R3WY.E. Edmonds, Section 5, T13N, R3W Ben Barnett, Section 25, TllN, R3WEarl Baxley, Section 21, T11N, R3W Ellis Higgs, Section 13, T12N, R4W (6)Mississippi (a)Adams County. The property of Mr. R.W. Benson greenhouse - Section 30, T. 8 N., R. 2W.

(b)Amite County. The entire county.

(c)Clarke County. All of T.2 N., R.14 E; all of T.10 N., R 9 W, lying within the county; W. ½ of T. 10 N., R. 8 W. lying within the county; sections 7, 8, 9, 16, 17, 18, 19, 20, and 21, T.3 N., R. 16 E., NE ¼ T.2 N., R. 16 E., all of Tps. 1 and 2 N., Rs. 17 and 18 E. lying within the county and those portions of sections 2, 3, 4, 5, 6, and 7, T. 10 N., R. 6 W., lying within the county.

(d) Copiah County. NW.1/4 , and sections 19, 20, and 2 1, T. 12 N., R. 2 W.; sections 2, 3, 4, 9, 10, 11, 12, 15,16, 21, and those portions of sections 13, 14, 22, and 23 lying within the county, T. 9 N., R. 10 E.

(e) Covington County. All of the county lying south of the south line of T. 9 N. and east of the east line of R. 17 W.

(f) Forrest County. The entire county.

(g) Franklin County. All of T. 5 N., R. 4 E.; and sections 3, 4, 5, 6, 7, 8, 9, 10, 15, 16, 17, 18, 19, 20, 21,22, 27, 28, 29, 30, 31, 32, 33, and 34, T. 5 N., R. 5 E.

(h) George County. The entire county.

(i) Greene County. The entire county.

(j) Grenada County. The property of Mr. Billy Moss - Section 18, T22N, R6E.

(k) Hancock County. The entire county.

(l) Harrison County. The entire county.

(m) Jackson County. The entire county.

(n) Jasper County. T. 2 N., R. 10 E.; W. 1/2 T. 2 N., R. 11E.; and all of the remaining portion of county lying south of the north line of T. I N.

(o) Jefferson Davis County. The entire county.

(p) Jones County. The entire county.

(q) Lamar County. The entire county.

(r) Lawrence County. The entire county.

(s) Lincoln County. Sections 12, 13, and 24, T.5 N., R.7 E.; and sections 7, 8, 17, 18, 19, and 20, T.

5 N., R. 8 E.

(t) Marion County. The entire county.

(u) Pearl River County. The entire county.

(v) Perry County. The entire county.

(w) Pike County. The entire county.

(x) Simpson County. All of T.1 N., Rs. 2 and 3 N.; the S. 1/2 of T.1 N., R. 5 E.; sections 3, 4, 5,8,9, 10, 15, 16, and 17, T.2 N., R. 4 E.; sections 23, 24, 25, 26, 35, and 36, T. 2 N., R.4 E.; sections 19, 30, and 31, T. l N., R. 5 E.; all of the Tps sections 5, 6, 7, 8, 17, 18, 19, 20, 29, 30, 31,32, T. 10 N., R. 17 W.; and those portions of sections 5 and 6, T. 9 N., 17 W. lying within the county (y)Smith County. Sections 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 34, 35, and 36, T.1 N., R. 9 E.; sections 21, 22, 23, 24, 25, 26, 27, 28, 33, 34, 35, and 36, T. 1 N., R. 8 E.; and those portions of T. 10 N., Rs. 13, 14, and 15 W. lying within the county.

(z)Stone County. The entire county.

(aa)Walthall County. The entire county.

(bb)Wayne County. The entire county.

(cc)Wilkinson County. All of the county lying south of the north line of T. 2 N.

(7)North Carolina.

(a) New Hanover County. The entire peninsula bordered on the west by the Cape Fear River and the east by the Atlantic Ocean and south of that line established from the Atlantic Ocean along Johnson Landing Road west to N.C. 132, thence west along said secondary road to N.C. 1100, thence north along N.C. 1100 until N.C. 1100 intersects with Mott Creek, thence west along Mott Creek until it reaches the Cape Fear River.

(b)Duplin County. The entire county.

(c)Bladen County. The entire county.

(8)South Carolina.

(a) Beaufort County. All Hilton Head Island lying south of a line beginning where Broad Creek Enters Caliboque Sound; thence in a northeasterly direction along said creek to the point of its intersection with the State Secondary Highway 44, thence north along said highway to its junction with State Secondary Highway 333, thence northeast along said highway to Port Royal Sound.

1. Fripps Island - All of that area comprising Fripps Island.

2. Harbor Island - All of that area comprising Harbor Island.

(b) Charleston County, City of Charleston and Charleston Heights - The City of Charleston and all that area lying between the Ashely and Cooper Rivers beginning at a point where State Primary Highway 7 intersects with the Ashley River, thence north along said highway to its intersections with U.S. Highway 52, thence southeast along said highway to its intersection with Reynolds Avenue, thence north along said avenue through the main gate of the United States Naval Base to the Cooper River.

1. Isle of Palms - All of that area comprising Isle of Palms.

2. Sullivan’s Island - All of that area comprising Sullivan’s Island.

3. Morris Island - All of that area comprising Morris Island.

4. Kiawah Island - All of that area comprising Kiawah Island.

(9)Tennessee (a)Gibson County 1.The property (and surrounding area within a two mile radius) owned equally by Howard Rushing, Frank Rushing, and J.D. Rushing as listed in the Gibson County Tax Assessor’s Office Map Number 159, Parcel 63, and located in the 13 th Civil District. Recorded in Deed Book Volume 282, page 528. 2.The property (and surrounding area within a two mile radius) owned by Leslie Jordan, Sr. as listed in the Gibson County Tax Assessor’s Office Map Number 138, Parcel 10, and located in the 18 th Civil District. Recorded in Deed Book Volume 131, page 243.

(b)Carroll County. The property (and surrounding area within a two mile radius) owned by Reba Hill, as listed in the Carroll County Tax Assessor’s Office Map Number 58, Parcel 84, and located in the 2 nd Civil District. Recorded in Deed Book Volume 202, page 498.

(10)Texas (a)The counties of: Ancelina, Aransas, Atascosa, Austin Bandera, Bastrap, Bee, Bell, Bexar, Blanco, Brazoria, Brazos, Brooks, Burleson, Burnet, Caldwell, Calhoun, Cameron, Chambers, Colorado, Comal, Coryell, Dewitt, Dimmit, Duval, Edwards, Falls, Fayette, Fort Bend, Frio, Galveston, Goliad, Gonzales, Grimes, Guadalope, Hardin, Harris, Hays, Hidalgo, Houston, Jackson Jasper, Jefferson, Jim Hogg, Jim Wells, Karnes Kendall, Kennedy, Kerr, Kinney, Klegberg, Lampasas, LaSalle, Lavaca, Lee, Leon, Liberty, Live Oak, Madison, Matagorda, Maverick, McMullen, Medina, Milam, Montgomery, Nacadoches, Newton, Nueces, Orange, Polk, Real, Refugio, Sabine, San Augustine, San Jacinto, San Patricio, Starr, Travis, Trinity, Tyler, Uvalde Valverde, Victoria, Walker, Waller, Washington, Webb, Wharton, Willacy, Williamson, Wilson, Zapata, Zavalla.

History

• Authority: T.C.A. §§43-518 and 43-6-104.
• Administrative History: Original rule certified June 5, 1974. Amendment filed August 22, 1983; effective November 14, 1983. Amendment filed November 18, 1986; effective February 28, 1987. Amendment filed July 23, 1987; effective September 28, 1987.

Tenn. Comp. R. & Regs. 0080-06-06-.03 REGULATED ARTICLES

(1) Roots, stems, vines, or cuttings of the Sweet Potato (Ipomoea batatas, Poir.)

(2) Any vines or roots of other plants of the genus Ipomoea (3) Any other plants that may be found to be a host of the Sweet Potato Weevil.

History

• Authority: T.C.A. §43-518.
• Administrative History: Original rule certified June 5, 1974.

Tenn. Comp. R. & Regs. 0080-06-06-.04 CONDITIONS GOVERNING MOVEMENT OF REGULATED ARTICLES

Regulated articles originating in an infested area are prohibited movement into or through the State of Tennessee except that:

(1)(a)Regulated articles originating in an infested area may be moved through this State by common carrier on a through waybill showing destination and provided that such shipment be in sealed car, truck, or other conveyance.

(b)Sweet potato roots for other than seed purposes, originating in an infested area, may be moved to designated processing plants in this State provided that: 1.Such potatoes bear on each package or container a certificate issued by a duly authorized official of the State of origin affirming that the potatoes have been fumigated or otherwise treated in accordance with accepted procedures immediately prior to shipment and subsequently protected from reinfestation. 2.Any processing plant desiring to purchase, move, or cause to be moved potatoes from infested areas to this State under the provisions of this Section, shall apply to the Director of Entomology and Plant Pathology of the Tennessee Department of Agriculture at least 15 days before the movement is to commence setting forth the source from which the movement is proposed, the approximate date or dates on or between which the movement will be effected, and affirming that sanitary precautions as ordered by the said Director of Entomology and Plant Pathology will be carried out. On approval of such application, the Director of Entomology and Pathology shall issue a permit authorizing the movement under such safeguards as he shall deem necessary in order to prevent the introduction and establishment of Sweet Potato Weevil. 3.Permits issued under paragraph B above shall be subject to immediate revocation if safeguards ordered are not carried out or if the agreements relative to the authorized movement are otherwise violated.

(c)Regulated articles originating in a regulated State but outside the infested area of such State may be moved into or through the State of Tennessee provided each package or container of such regulated articles is accompanied by a certificate issued by a duly authorized official of the State of origin certifying that such regulated articles were grown, produced, packed, and otherwise handled in an area of the regulated State in which there is no infestation of Sweet Potato Weevil.

History

• Authority: T.C.A. §43-518.
• Administrative History: Original Rule certified June 5, 1974.

Tenn. Comp. R. & Regs. 0080-06-06-.05 SHIPMENT FOR SCIENTIFIC PURPOSES

The restrictions of this quarantine do not apply to movement of regulated articles, under proper safeguards, to the United States Department of Agriculture or to recognized State institutions, for scientific purposes, except that, a special permit, issued by a duly authorized State or Federal plant quarantine inspector, shall be attached to each package, or container of such regulated articles.

History

• Authority: T.C.A. Section 43-518.
• Administrative History: Original Rule certified June 5, 1974.

Tenn. Comp. R. & Regs. 0080-06-06-.06 PENALTY

(1)Any person, firm, or corporation who shall violate any of the provisions of this quarantine shall be deemed guilty of a misdemeanor under section 12 of the Plant Pest Act of 1955, and shall be liable to the penalties as prescribed therein.

(2)All quarantined, rules, or regulations made prior to the date of this quarantine relative to the Sweet Potato Weevil are hereby revoked.

History

• Authority: T.C.A. §43-518.
• Administrative History: Original Rule certified June 5, 1974.

Chapter 0080-06-07 Boxwood Blight Quarantine

Tenn. Comp. R. & Regs. 0080-06-07-.01 DECLARATION OF QUARANTINE

(1) Boxwood blight, also known as box blight and boxwood leaf drop, is a plant disease that may affect all Buxus and Sarcococca species of plants. The disease is caused by the fungus Calonectria pseudonaviculatum. It has been observed in the United States and is known to spread rapidly in warm and humid conditions. Symptoms include leaf spots, stem lesions, and premature leaf drop. Fungicides applied to affected plants do not cure the disease but only mask these symptoms. The disease is often fatal to infected plants. Boxwood blight does not require a wound entry to infect a host plant. Consequently, the disease may spread easily and rapidly. Given the ease of contagion and risk of unknowingly moving infected plant material, boxwood blight poses a significant risk to Tennessee landscapes and commercial plant industries in the state. Therefore, a quarantine against boxwood blight is necessary to protect the agricultural, horticultural, silvicultural, and other interests of the state.

(2) The department hereby establishes a quarantine to restrict movement of all plants and regulated articles under this chapter as capable of supporting dissemination of boxwood blight.

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule certified June 5, 1974. Repeal filed September 15, 1998; effective January 28, 1999. New rules filed November 6, 2017; effective February 4, 2018.

Tenn. Comp. R. & Regs. 0080-06-07-.02 DEFINITIONS

(1) Terms in this chapter share those meanings of terms set forth in the Tennessee Plant Pest Act, T.C.A. § 43-6-101, et seq.

(2) When used in this chapter, unless the context requires otherwise:

(a) Act means the Tennessee Plant Pest Act, compiled at T.C.A. § 43-6-101, et seq.;

(b) Boxwood plant means any plant of a species within the Buxus genus and includes any

part of the plant in any form;

(c) Boxwood blight means any plant disease or symptom of disease caused by the fungus Calonectria pseudonaviculatum;

(d) Cleanliness program agreement means a voluntary compliance agreement between a duly authorized federal or state regulatory official and a person for the growth, holding, or movement of regulated articles in accordance with principles of a cleanliness program recognized by the issuing official for the prevention of spreading boxwood blight;

(e) Infected, infested, diseased, or words of similar import mean infected with boxwood blight or so exposed to the disease that infection can reasonably be expected to occur;

(f) Move, distribute, ship, transport, or words of similar import mean to relocate, to offer to relocate, or to cause the relocation of an item from one real property to another;

(g) Person means an individual, partnership, corporation, or any other form of legal entity;

(h) Phytosanitary certificate means a certificate of phytosanitary inspection prepared by a duly authorized federal or state regulatory official that affirms a regulated article has been inspected and found to be apparently free of boxwood blight;

(i) Quarantine area means a defined area from where the movement of regulated articles is prohibited except in accordance with this chapter;

(j) Regulated article means any item or material determined by the department to pose a material risk for spreading boxwood blight. Regulated articles include:

1. Boxwood plants and any material containing boxwood plants, e.g. compost, mulch, soil, or waste;

2. Sarcococca plants and any material containing Sarcococca plants, e.g. compost, mulch, soil, or waste; and, 3. Any equipment, shipping material, compost, mulch, soil, or waste exposed to boxwood or Sarcococca plants.

(k) Sarcococca plant means any plant of a species within the Sarcococca genus and includes any part of the plant in any form;

(l) Stop movement order means a written directive issued by a duly authorized federal or state regulatory official to prohibit or limit the movement of regulated articles.

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule certified June 5, 1974. Repeal filed September 15, 1998; effective January 28, 1999. New rules filed November 6, 2017; effective February 4, 2018.

Tenn. Comp. R. & Regs. 0080-06-07-.03 QUARANTINE AREAS

(1) Designated quarantine areas. [RESERVED]

(2) Temporary quarantine of non-designated areas.

(a) The department may temporarily quarantine any non-designated area upon written notice to its owner or upon general publication if:

1. Boxwood blight is observed within the area;

2. Significant symptoms or indicators of boxwood blight are observed within the area;

3. Infected plants or regulated articles are shipped into the area; or, 4. Any plants or regulated articles shipped into the area share a common container, vessel, producer, or shipper with plants or articles found to be infected.

(b) The department may lift the temporary quarantine of a non-designated area if after due inspection boxwood blight is not observed within the area and there exists no reasonable cause to continue the quarantine.

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule certified June 5, 1974. Repeal filed September 15, 1998; effective January 28, 1999. New rules filed November 6, 2017; effective February 4, 2018.

Tenn. Comp. R. & Regs. 0080-06-07-.04 CONDITIONS FOR MOVEMENT OF REGULATED ARTICLES

(1) A person shall not ship any boxwood plant, Sarcococca plant, or other regulated article into the state unless:

(a) The shipment is plainly marked with the name and address of the sender and the recipient; and, (b) The shipment is accompanied by a phytosanitary certificate and cleanliness program agreement issued for the plant or article; or is accompanied by written authorization from the department for movement of the plant or article, e.g. for research, destruction, or emergency purposes.

(2) A person shall not ship any boxwood plant, Sarcococca plant, or other regulated article from a quarantine area unless the shipment is accompanied by a phytosanitary certificate and cleanliness program agreement; or is accompanied by written authorization from the department.

(3) A person shall not ship any boxwood plant, Sarcococca plant, or other regulated article through a quarantine area in route to its destination unless:

(a) No items are loaded on to or off of the shipment within the quarantine area; or, (b) After the shipment is loaded or unloaded within the quarantine area, all items being moved out of the quarantine area are accompanied by cleanliness program agreements and newly issued phytosanitary certificates.

(4) Each boxwood plant, Sarcococca plant, or other regulated article moved not in conformity with this chapter—or moved contrary to the phytosanitary certificate, cleanliness program agreement, or authorization for which its movement was permitted—shall constitute a separate violation of this chapter.

(5) Any person licensed by the department as a greenhouse, nursery, plant dealer, florist, landscaper, or wild plant collector shall notify the department within three days of importing or receiving any boxwood or Sarcococca plant from an origin outside the state. The person shall include in the notification the species, number, location, and date of plants received. To comply with this requirement a person may notify the department of anticipated shipments of boxwood or Sarcococca plants prior to their actual import.

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule certified June 5, 1974. Repeal filed September 15, 1998; effective January 28, 1999. New rules filed November 6, 2017; effective February 4, 2018.

Tenn. Comp. R. & Regs. 0080-06-07-.05 INSPECTIONS

(1) Scope of inspections. The department may enter any property or location during normal business hours where the department has reason to believe that boxwood plants, Sarcococca plants, or other regulated articles are being grown or kept. The department may enter such place for the purposes of inspecting any plant or regulated article as necessary for the prevention of spreading boxwood blight or for the purposes of examining and copying records necessary to determine compliance with this chapter.

(2) The department may conduct inspections of persons under this chapter as often as the department deems necessary for the prevention of spreading boxwood blight.

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule certified June 5, 1974. Repeal filed September 15, 1998; effective January 28, 1999. New rules filed November 6, 2017; effective February 4, 2018.

Tenn. Comp. R. & Regs. 0080-06-07-.06 VIOLATIONS

(1) A person is responsible for violations of the Act or this chapter when committed by either the person or his agent.

(2) Each violation of the Act, this chapter, or departmental orders issued under this chapter is grounds for issuance of stop movement orders; denial or revocation of any license issued by the department; actions for injunction; and imposition of civil penalties or criminal charges against the violator.

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule certified June 5, 1974. Repeal filed September 15, 1998; effective January 28, 1999. New rules filed November 6, 2017; effective February 4, 2018.

Tenn. Comp. R. & Regs. 0080-06-07-.07 CLEANLINESS PROGRAM AGREEMENTS

(1) Any breach of a cleanliness program agreement shall constitute a separate violation of this

chapter.

(2) Revocation of any license issued by the department shall be grounds for immediate rescission of any cleanliness program agreement to which the licensee or the department is a party.

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule certified June 5, 1974. Repeal filed September 15, 1998; effective January 28, 1999. New rules filed November 6, 2017; effective February 4, 2018.

Tenn. Comp. R. & Regs. 0080-06-07-.08 STOP MOVEMENT ORDERS

(1) The department may issue a stop movement order for any boxwood plant, Sarcococca plant, or other regulated article that is: moved in violation of the Act or this chapter; found to be infected; or found to be capable of spreading boxwood blight.

(2) The department may lift a stop movement order when the item that is subject to the order is treated, returned, or destroyed as directed by the department at the owner’s or possessor’s expense. If the item is not treated or returned as ordered by the department within 10 days of the stop movement order being issued, the department may order the item destroyed at the owner’s expense.

(3) Any person aggrieved by an order of the department issued under the Act or this chapter, may petition the department for review of the order under T.C.A. § 43-6-105 and the Uniform Administrative Procedures Act. Petitions for review of a departmental order must be submitted to the department in writing within 10 days of the order being issued. If no petition is filed with the department within the 10 day period, the department’s order shall become final and will not be subject to review.

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule certified June 5, 1974. Repeal filed September 15, 1998; effective January 28, 1999. New rules filed November 6, 2017; effective February 4, 2018.

Chapter 0080-06-08 White-fringed Beetle Quarantine

Tenn. Comp. R. & Regs. 0080-06-08 White-fringed Beetle Quarantine

RULES

OF TENNESSEE DEPARTMENT OF AGRICULTURE

PLANT INDUSTRIES

TABLE OF CONTENTS

(REPEALED)

Authority: T.C.A. §§43-518 and 43-520(9). Administrative History: Original Rule certified June 5, 1974.

Chapter Repealed; filed June 19, 1975; effective July 21, 1975.

Chapter 0080-06-09 Firewood Quarantine

Tenn. Comp. R. & Regs. 0080-06-09-.01 DECLARATION OF QUARANTINE

(1) Hundreds of non-native species of insects, diseases, and plants are established in the United States and are often moved around the country through various vectors, including firewood and lumber. Numerous of the species are not currently established in Tennessee but are capable of spreading rapidly and causing significant economic and ecological impact to their surroundings, e.g. Asian Longhorned Beetle, Goldspotted Oak Borer, Gypsy Moth, oak wilt (caused by Ceratocystis fagacearum), sudden oak death (caused by Phytophthora ramorum), and bacterial leaf scorch (caused by Xylella fastidiosa). Given the multitude of possible pests and disease, their potential to spread with movement of untreated firewood, and their propensity to cause rapid damage once moved, untreated firewood poses a significant risk to landscapes and commercial lumber and plant industries in Tennessee.

Quarantine against untreated firewood is therefore necessary to protect the agricultural, horticultural, silvicultural, and other interests of the state.

(2) The department hereby establishes a quarantine to restrict movement of firewood and regulated articles under this chapter as capable of supporting dissemination of invasive pests and disease.

(3) Requirements of this chapter are construed in addition to and not in lieu of other federal or state quarantines applicable to movement of firewood.

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule certified June 5, 1974. Repeal filed May 31, 2013; effective October 29, 2013. New rules filed June 14, 2021; effective September 12, 2021.

Tenn. Comp. R. & Regs. 0080-06-09-.02 DEFINITIONS

(1) Terms in this chapter share those meanings of terms set forth in the Tennessee Plant Pest Act, T.C.A. §§ 43-6-101, et seq.

(2) When used in this chapter, unless the context requires otherwise:

(a) Act means the Tennessee Plant Pest Act, compiled at T.C.A. §§ 43-6-101, et seq.;

(b) Commerce or words of similar import mean involving payment for an item or payment for services incident to production of the item;

(c) Compliance agreement means a voluntary agreement between a duly authorized federal or state regulatory official and a person for the treatment of firewood;

(d) Firewood includes any wood four (4) feet or less in length, split or not split, advertised, offered for sale, or sold as fuel, including but not limited to kindling, logs, boards, or timbers;

(e) Firewood does not include kiln-dried dimensional lumber, nor wood that has been chipped to smaller than 2 cm diameter. In addition, firewood shall not include logs or wood being commercially transported to, or possessed by, the following operations and facilities for use in their primary manufacturing process:

1. Sawmill for dimensional lumber;

2. Pulp and/or paper mills;

3. Wood pellet manufacturing facilities;

4. Plywood manufacturing facilities;

5. Wood biomass-using refineries or power plants;

6. Artisan manufacturing, such as cabinets, furniture, sculptures;

7. Re-constituted wood or wood composite product manufacturing plants; or 8. Facilities treating wood products in accordance with heat-treatment standards.

(f) Infected, infested, or words of similar import mean contaminated with pest or infected with disease or so exposed to pest or disease that contamination or infection can reasonably be expected to occur;

(g) Invasive pest means any non-native organisms that cause economic or enviro nmental harm and are capable of spreading to new areas of the state. Invasive pests may also mean any living organism injurious to agriculture or the environment including insect pests and plant diseases as defined under the Act and may also include any form of animal or plant life; any infectious plant disease; or any plant disorder that manifests symptoms or behavior determined by any federal or state pest prevention agency to be characteristic of infectious disease;

(h) Move, distribute, ship, transport, or words of similar import mean to relocate, or to offer to relocate, in any manner an item from one real property to another;

(i) Person means an individual, partnership, corporation, or any other form of legal entity;

(j) Quarantine area means a defined area from where the movement of regulated articles is prohibited except in accordance with this chapter;

(k) Regulated article means firewood and any equipment, shipping material, or vehicle exposed to firewood;

(l) Stop movement order means a written directive issued by a duly authorized federal or state regulatory official to prohibit or limit the movement of regulated articles;

(m) Treat means to heat and to maintain a core temperature of 160° F for at least 75 minutes;

(n) Treatment schedule means the heat treatment applied to the firewood; and (o) Treatment certificate and certification mean a document prepared by a duly authorized federal or state regulatory official that affirms firewood has been treated as defined under this rule.

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule certified June 5, 1974. Repeal filed May 31, 2013; effective October 29, 2013. New rules filed June 14, 2021; effective September 12, 2021.

Tenn. Comp. R. & Regs. 0080-06-09-.03 QUARANTINE AREAS

(1) Designated quarantine areas. States and provinces outside Tennessee with the exception of counties that share a border with Tennessee including; Alabama counties of Jackson, Lauderdale, Limestone, and Madison; Arkansas counties of Crittenden and Mississippi;

Georgia counties of Dade, Catoosa, Fannin, Murray, Walker and Whitfield; Kentucky counties of Fulton, Hickman, Graves, Calloway, Trigg, Christian, Todd, Logan, Simpson, Allen, Monroe, Cumberland, Clinton, Wayne, McCreary, Whitley and Bell; Mississippi counties of Alcorn, Benton, DeSoto, Marshall, Tippah, Tishomingo; Missouri counties of New Madrid and Pemiscot; North Carolina counties of Ashe, Avery, Cherokee, Graham, Haywood, Madison, Mitchell, Swain, Watauga and Yancey; Virginia counties of Bristol, Grayson, Lee, Scott and Washington.

(2) Temporary quarantine of non-designated areas.

(a) The department may temporarily quarantine any non-designated area upon written notice to its owner or upon general publication if:

1. Significant symptoms or indicators of invasive pests commonly spread by movement of firewood are observed within the area;

2. Infected firewood or other regulated articles are shipped into the area; or, 3. Any firewood or other regulated article shipped into the area shares a common container, vessel, producer, or shipper with firewood or articles found to be infected.

(b) The department may lift the temporary quarantine of a non-designated area if after due inspection the invasive pest suspected from firewood is not observed within the area and there exists no reasonable cause to continue the quarantine.

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule certified June 5, 1974. Repeal filed May 31, 2013; effective October 29, 2013. New rules filed June 14, 2021; effective September 12, 2021.

Tenn. Comp. R. & Regs. 0080-06-09-.04 CONDITIONS FOR MOVEMENT OF REGULATED ARTICLES

(1) A person shall not ship any firewood into the state or from a quarantined area unless the shipment is accompanied by a treatment certificate, compliance agreement, or written authorization from the department of agriculture for movement of the wood.

(2) Each shipment of firewood moved not in conformity with this chapter—or moved contrary to the treatment certificate, compliance agreement, or authorization for which its movement was permitted—shall constitute a separate violation of this chapter.

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule certified June 5, 1974. Repeal filed May 31, 2013; effective October 29, 2013. New rules filed June 14, 2021; effective September 12, 2021.

Tenn. Comp. R. & Regs. 0080-06-09-.05 LABELING

(1) Each sale by package must bear a clear and conspicuous declaration of the fol lowing:

(a) Compliance agreement number and treatment schedule;

(b) Identification of the package as containing firewood, unless the contents can be easily identified through the wrapper or container;

(c) Net quantity in terms of weight or measure in meters or feet;

(d) Name and address of the manufacturer, packer, or distributor of the firewood; and (e) Origin of firewood identified by county or counties and state.

(2) Each bulk sale must be accompanied by a delivery ticket or receipt containing the following information which shall remain with the original shipment or portions of shipments:

(a) Compliance agreement number and treatment schedule name and address of the manufacturer, packer, or distributor who weighed or measured the firewood;

(b) Date delivered;

(c) Quantity delivered, by cords or cubic meters, including fractions or count of individually wrapped packages delivered, if more than one is delivered;

(d) Quantity on which the price is based, if different than the quantity delivered; and (e) Origin of firewood by county or counties and state.

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule certified June 5, 1974. Repeal filed May 31, 2013; effective October 29, 2013. New rules filed June 14, 2021; effective September 12, 2021.

Tenn. Comp. R. & Regs. 0080-06-09-.06 INSPECTIONS

(1) Scope. The department may enter any location or conveyance during normal business hours where the department has reason to believe that firewood is being kept. The department may enter such place for the purposes of inspecting firewood as necessary for the prevention of spreading invasive pests or for the purposes of examining and copying records necessary to determine compliance with this chapter.

(2) The department may conduct inspections of persons under this chapter as often as the department deems necessary for the prevention of spreading invasive pests.

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: New rules filed June 14, 2021; effective September 12, 2021.

Tenn. Comp. R. & Regs. 0080-06-09-.07 VIOLATIONS

(1) In addition to other requirements of this chapter, persons in possession of firewood and persons within the stream of commerce for firewood within the state shall:

(a) Provide full access to facilities, inventory, and records necessary to departmental inspection;

(b) Comply with any order issued by the department for the prevention or mitigation of invasive pests; and (c) Give full information as to the source of firewood currently or previously held in their possession.

(2) In addition to other requirements of this chapter, persons in possession of firewood and persons within the stream of commerce for firewood within the state shall not:

(a) Interfere with an authorized representative of the department in the performance of their duties;

(b) Violate any federal or state quarantine of firewood;

(c) Violate a compliance agreement to which the person is a party; or (d) Sell, offer for sale, move, or allow movement of any apparently inf ested firewood.

(3) A person is responsible for violations of the Act or this chapter when committed by either the person or his agent.

(4) Each violation of the Act, this chapter, or departmental orders issued under this chapter is grounds for issuance of stop movement orders; actions for injunction; and assessment of criminal charges against the violator.

(5) Any breach of a compliance agreement shall constitute a separate violation of this chapter.

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: New rules filed June 14, 2021; effective September 12, 2021.

Tenn. Comp. R. & Regs. 0080-06-09-.08 STOP MOVEMENT ORDERS

(1) The department may issue a stop movement order for any firewood or other regulated article that is: moved in violation of the Act or this chapter; found to be infected; or found to be capable of spreading invasive pests.

(2) The department may lift a stop movement order when the item that is subject to the order is treated, returned, or destroyed as directed by the department and at the owner’s or possessor’s expense. If the item is not treated or returned as ordered by the department within ten days of the stop movement order being issued, the department may order the item destroyed at the owner’s expense.

(3) Any person aggrieved by an order of the department issued under the Act or this chapter may petition the department for review of the order under T.C.A. § 43-6-105 and the Uniform Administrative Procedures Act. Petitions for review of a departmental order must be submitted to the department in writi ng within ten days of the order being issued. If no petition is filed with the department within the ten day period, the department’s order shall become final and will not be subject to review.

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: New rules filed June 14, 2021; effective September 12, 2021.

Chapter 0080-06-10 Repealed

Tenn. Comp. R. & Regs. 0080-06-10-.01 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106(9).
• Administrative History: Original rule filed June 5, 1974. Repeal filed September 13, 2001; effective January 28, 2002. Emergency rule filed August 6, 2010; effective through February 2, 2011. Emergency rule expired effective February 3, 2011, and the rule reverted to its previous status. New rule filed September 29, 2010; effective February 28, 2011. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-06-10-.10 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 4-3-204, 43-6-104, 43-6-106, and 43-6-112.
• Administrative History: Original rule filed June 5, 1974. Repeal filed September 13, 2001; effective January 28, 2002. Emergency rule filed August 6, 2010; effective through February 2, 2011. Emergency rule expired effective February 3, 2011, and the rule reverted to its previous status. New rule filed September 29, 2010; effective February 28, 2011. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-06-10-.02 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule filed June 5, 1974. Repeal filed September 13, 2001; effective January 28, 2002. Emergency rule filed August 6, 2010; effective through February 2, 2011. Emergency rule expired effective February 3, 2011, and the rule reverted to its previous status. New rule filed September 29, 2010; effective February 28, 2011. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-06-10-.03 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule filed June 5, 1974. Repeal filed September 13, 2001; effective January 28, 2002. Emergency rule filed August 6, 2010; effective through February 2, 2011. Emergency rule expired effective February 3, 2011, and the rule reverted to its previous status. New rule filed September 29, 2010; effective February 28, 2011. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-06-10-.04 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106(9).
• Administrative History: Original rule filed June 5, 1974. Repeal filed September 13, 2001; effective January 28, 2002. Emergency rule filed August 6, 2010; effective through February 2, 2011. Emergency rule expired effective February 3, 2011, and the rule reverted to its previous status. New rule filed September 29, 2010; effective February 28, 2011. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-06-10-.05 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule filed June 5, 1974. Repeal filed September 13, 2001; effective January 28, 2002. Emergency rule filed August 6, 2010; effective through February 2, 2011. Emergency rule expired effective February 3, 2011, and the rule reverted to its previous status. New rule filed September 29, 2010; effective February 28, 2011. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-06-10-.06 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule filed June 5, 1974. Repeal filed September 13, 2001; effective January 28, 2002. Emergency rule filed August 6, 2010; effective through February 2, 2011. Emergency rule expired effective February 3, 2011, and the rule reverted to its previous status. New rule filed September 29, 2010; effective February 28, 2011. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-06-10-.07 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule filed June 5, 1974. Repeal filed September 13, 2001; effective January 28, 2002. Emergency rule filed August 6, 2010; effective through February 2, 2011. Emergency rule expired effective February 3, 2011, and the rule reverted to its previous status. New rule filed September 29, 2010; effective February 28, 2011. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-06-10-.08 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule filed June 5, 1974. Repeal filed September 13, 2001; effective January 28, 2002. Emergency rule filed August 6, 2010; effective through February 2, 2011. Emergency rule expired effective February 3, 2011, and the rule reverted to its previous status. New rule filed September 29, 2010; effective February 28, 2011. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-06-10-.09 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule filed June 5, 1974. Repeal filed September 13, 2001; effective January 28, 2002. Emergency rule filed August 6, 2010; effective through February 2, 2011. Emergency rule expired effective February 3, 2011, and the rule reverted to its previous status. New rule filed September 29, 2010; effective February 28, 2011. Repeal filed June 25, 2021; effective September 23, 2021.

Chapter 0080-06-11 Repealed

Tenn. Comp. R. & Regs. 0080-06-11-.01 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 4-3-204, 43-6-104, and 43-6-106.
• Administrative History: Original rule certified June 5, 1974. Repeal filed September 17, 2008; effective January 28, 2009. Emergency rule filed September 1, 2010; effective through February 28, 2011. Emergency rule expired effective March 1, 2011, and the rule reverted to its previous status. New rule filed May 17, 2011; effective August 15, 2011. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-06-11-.13 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 4-3-204, 43-6-104, 43-6-106, and 43-6-112.
• Administrative History: New rule filed May 17, 2011; effective August 15, 2011. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-06-11-.02 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 4-3-204, 43-6-104, and 43-6-106.
• Administrative History: Original rule certified June 5, 1974. Amendment filed and effective January 11, 1975. Amendment filed May 16, 1975; effective June 15, 1975. Amendment filed January 23, 1995; effective May 31, 1995. Amendment filed September 15, 1998; effective January 28, 1999. Repeal filed September 17, 2008; effective January 28, 2009. Emergency rule filed September 1, 2010; effective through February 28, 2011. Emergency rule expired effective March 1, 2011, and the rule reverted to its previous status. New rule filed May 17, 2011; effective August 15, 2011. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-06-11-.03 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 4-3-204, 43-6-104, and 43-6-106.
• Administrative History: Original rule certified June 5, 1974. Repeal filed September 17, 2008; effective January 28, 2009. Emergency rule filed September 1, 2010; effective through February 28, 2011. Emergency rule expired effective March 1, 2011, and the rule reverted to its previous status. New rule filed May 17, 2011; effective August 15, 2011. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-06-11-.04 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 4-3-204, 43-6-104, and 43-6-106.
• Administrative History: Original rule certified June 5, 1974. Repeal filed September 17, 2008; effective January 28, 2009. Emergency rule filed September 1, 2010; effective through February 28, 2011. Emergency rule expired effective March 1, 2011, and the rule reverted to its previous status. New rule filed May 17, 2011; effective August 15, 2011. Amendments filed November 6, 2017; effective February 4, 2018. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-06-11-.05 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 4-3-204, 43-6-104, and 43-6-106.
• Administrative History: Original rule certified June 5, 1974. Repeal filed September 17, 2008; effective January 28, 2009. Emergency rule filed September 1, 2010; effective through February 28, 2011. Emergency rule expired effective March 1, 2011, and the rule reverted to its previous status. New rule filed May 17, 2011; effective August 15, 2011. Repeal filed November 6, 2017; effective February 4, 2018.

Tenn. Comp. R. & Regs. 0080-06-11-.06 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 4-3-204, 43-6-104, and 43-6-106.
• Administrative History: Original rule certified June 5, 1974. Repeal filed September 17, 2008; effective January 28, 2009. Emergency rule filed September 1, 2010; effective through February 28, 2011. Emergency rule expired effective March 1, 2011, and the rule reverted to its previous status. New rule filed May 17, 2011; effective August 15, 2011. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-06-11-.07 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 4-3-204, 43-6-104, and 43-6-106.
• Administrative History: Original rule certified June 5, 1974. Repeal filed September 17, 2008; effective January 28, 2009. Emergency rule filed September 1, 2010; effective through February 28, 2011. Emergency rule expired effective March 1, 2011, and the rule reverted to its previous status. New rule filed May 17, 2011; effective August 15, 2011. Repeal filed November 6, 2017; effective February 4, 2018.

Tenn. Comp. R. & Regs. 0080-06-11-.08 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 4-3-204, 43-6-104, and 43-6-106.
• Administrative History: Original rule certified June 5, 1974. Repeal filed September 17, 2008; effective January 28, 2009. Emergency rule filed September 1, 2010; effective through February 28, 2011. Emergency rule expired effective March 1, 2011, and the rule reverted to its previous status. New rule filed May 17, 2010; effective August 15, 2011. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-06-11-.09 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 4-3-204, 43-6-104, and 43-6-106.
• Administrative History: Original rule certified June 5, 1974. Repeal filed September 17, 2008; effective January 28, 2009. Emergency rule filed September 1, 2010; effective through February 28, 2011. Emergency rule expired effective March 1, 2011, and the rule reverted to its previous status. New rule filed May 17, 2011; effective August 15, 2011. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-06-11-.10 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 4-3-204, 43-6-104, and 43-6-106.
• Administrative History: Original rule certified June 5, 1974. Repeal filed September 17, 2008; effective January 28, 2009. Emergency rule filed September 1, 2010; effective through February 28, 2011. Emergency rule expired effective March 1, 2011, and the rule reverted to its previous status. New rule filed May 17, 2011; effective August 15, 2011. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-06-11-.11 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: New rule filed May 17, 2011; effective August 15, 2011. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-06-11-.12 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: New rule filed May 17, 2011; effective August 15, 2011. Repeal filed June 25, 2021; effective September 23, 2021.

Chapter 0080-06-12 Brown Garden Snail Quarantine

Tenn. Comp. R. & Regs. 0080-06-12-.01 PEST

The brown garden snail, (Helix aspersa Muller) in any stage of development.

History

• Authority: T.C.A. §43-518.
• Administrative History: Original rule certified June 5, 1974.

Tenn. Comp. R. & Regs. 0080-06-12-.02 REGULATED AREAS

Arizona, California, Louisiana, Oregon, South Carolina, Washington.

Any state or state hereafter found infested with this pest, the Brown Garden Snail.

History

• Authority: T.C.A. §§43-518 and 43-6-104.
• Administrative History: Original rule certified June 5, 1974. Amendment filed August 22, 1983; effective November 14,1983.

Tenn. Comp. R. & Regs. 0080-06-12-.03 INFESTED AREAS

Nurseries, Nursery sales lots, orchards, plant growing sites or other area(s) within the regulated states in which the brown garden snail is known to occur.

History

• Authority: T.C.A. §43-518.
• Administrative History: Original rule certified June 5, 1974.

Tenn. Comp. R. & Regs. 0080-06-12-.04 REGULATED ARTICLES

(1)Articles - the movement of which is prohibited:

(a)Live brown garden snails, Helix aspersa, in any stage of development except for scientific purposes, and then only under special permit from the Director of Entomology and Plant Pathology of the Tennessee Department of Agriculture and in accordance with such conditions as may be required. Such permit must be securely attached to the outside of the container.

(2)Articles the movement of which is regulated:

(a)Nursery stock, including balled and burlapped as well as container grown stock (b)Other plants, plant material and articles or things capable of transporting the brown garden snail.

History

• Authority: T.C.A.. §43-518.
• Administrative History: Original rule certified June 5, 1974.

Tenn. Comp. R. & Regs. 0080-06-12-.05 CONDITIONS GOVERNING MOVEMENT OF REGULATED ARTICLES

(1)Persons or firms shipping or moving regulated articles originating in a regulated state but outside the infested area(s) into or through the State of Tennessee must attach to each package or container of such regulated articles a certificate issued by a duly authorized official of the State of origin certifying that the regulated articles therein and the growing site(s) were inspected and found free of the brown garden snail, Helix aspersa.

(2)Regulated articles from an infested area may be moved into or through the State of Tennessee, provided the Tennessee Department of Agriculture is notified of such movements prior to the time shipment is to be made, and provided further that each such shipment of regulated articles from an infested area is accompanied by a fumigation certificate signed by a duly authorized official of the State of origin. The certificate must indicate the regulated articles were fumigated in a gas tight chamber with methyl bromide at the rate of two and one half (2 1/2) pounds per one thousand (1,000) cubic feet, seventy degrees (70*) F. or above for a period of two hours, or with HCN at the rate of twenty five (25 cc) per one hundred (100) cubic feet, fifty (50) to eighty five (85) degrees F., for a period of one hour. Such certificate must be securely attached to each package or container and a copy forwarded to this Office.

History

• Authority: T.C.A. §43-518.
• Administrative History: Original Rule certified June 5, 1974.

Tenn. Comp. R. & Regs. 0080-06-12-.06 PENALTY

Any person, firm or corporation who shall violate any of the provisions of this quarantine shall be deemed guilty of a misdemeanor as provided in the “Plant Pest Act of 1955”, Section 43-526 Tennessee Code Annotated, and shall be liable to the penalties as prescribed therein.

History

• Authority: T.C.A. §43 -518.
• Administrative History: Original Rule certified June 5, 1974.

Chapter 0080-06-13 Repealed

Tenn. Comp. R. & Regs. 0080-06-13 Repealed

RULES

OF TENNESSEE DEPARTMENT OF AGRICULTURE

PLANT INDUSTRIES

TABLE OF CONTENTS

(REPEALED 1995)

Chapter 0080-06-14 Repealed

Tenn. Comp. R. & Regs. 0080-06-14-.01 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 62-21-105, and 62-21-118.
• Administrative History: Original rule certified June 5, 1974. Amendment filed June 25, 1975; effective July 25, 1975. Amendment filed November 16, 1978; effective January 1, 1979. Repealed and rule filed September 22, 1982; effective October 22, 1982. Amendment filed August 8, 1984; effective September 7, 1984. Amendment filed November 13, 1986; effective December 28, 1986. Amendment filed October 30, 1987; effective December 14, 1987. Amendment filed January 5, 1989; effective February 19, 1989. Amendment filed October 11, 1991; effective November 26, 1991. Amendment filed June 28, 2007; effective September 11, 2007. Amendment filed May 29, 2008; effective September 26, 2008. Repeal filed April 1, 2016; effective June 30, 2016.

Tenn. Comp. R. & Regs. 0080-06-14-.02 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 62-21-105, and 62-21-118.
• Administrative History: Original rule certified June 5, 1974. Amendment filed June 25, 1975; effective July 25, 1975. Repeal filed September 22, 1982; effective October 22, 1982. New rule filed October 26, 1988; effective December 10, 1988. Amendment filed June 28, 2007; effective September 11, 2007. Amendment filed May 29, 2008; effective September 26, 2008. Repeal filed April 1, 2016; effective June 30, 2016.

Tenn. Comp. R. & Regs. 0080-06-14-.03 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 62-21-105, 62-21-112, and 62-21-118.
• Administrative History: Original rule certified June 5, 1974. Amendment filed June 25, 1975; effective July 25, 1975. Amendment filed February 14, 1977; effective March 16, 1977. Amendment filed November 16, 1978; effective January 1, 1979. Repeal and new rule filed September 22, 1982; effective October 22, 1982. Amendment filed January 5, 1989; effective February 19, 1989. Amendment filed June 28, 2007; effective September 11, 2007. Repeal filed April 1, 2016; effective June 30, 2016.

Tenn. Comp. R. & Regs. 0080-06-14-.04 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 62-21-105, and 62-21-118.
• Administrative History: Original rule certified June 5, 1974. Repeal and new rule filed September 22, 1982; effective October 22, 1982. Amendment filed January 5, 1989; effective February 19, 1989. Amendment filed October 11, 1991; effective November 26, 1991. Amendment filed August 22, 1995; effective December 30, 1995. Amendment filed October 28, 2002; effective February 28, 2003. Amendment filed June 28, 2007; effective September 11, 2007. Amendment filed May 29, 2008; effective September 26, 2008. Repeal filed April 1, 2016; effective June 30, 2016.

Tenn. Comp. R. & Regs. 0080-06-14-.05 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 62-21-118, and 62-21-119.
• Administrative History: Original rule certified June 5, 1974. Amendment filed November 16, 1978; effective January 1, 1979. Repeal and new rule filed September 22, 1982; effective October 22, 1982. Repeal filed January 5, 1989; effective February 19, 1989. Repeal filed April 1, 2016; effective June 30, 2016.

Tenn. Comp. R. & Regs. 0080-06-14-.06 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 62-21-105, 62-21-118, and 62-21-123.
• Administrative History: Original rule certified June 5, 1974. Amendment filed June 25, 1975; effective July 25, 1975. Amendment filed November 16, 1978; effective January 1, 1979. Repeal and new rule filed September 22, 1982; effective October 22, 1982. Amendment filed June 28, 2007; effective September 11, 2007. Repeal filed April 1, 2016; effective June 30, 2016.

Tenn. Comp. R. & Regs. 0080-06-14-.07 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 62-21-105, and 62-21-118.
• Administrative History: Original rule certified June 5, 1974. Amendment filed November 16, 1978; effective January 1, 1979. Repeal and new rule filed September 22, 1982; effective October 22, 1982. Amendment filed January 5, 1989; effective February 19, 1989. Amendment filed June 28, 2007; effective September 11, 2007. Repeal filed April 1, 2016; effective June 30, 2016.

Tenn. Comp. R. & Regs. 0080-06-14-.08 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 62-21-105, and 62-21-118.
• Administrative History: Original rule certified June 5, 1974. Amendment filed November 16, 1978; effective January 1, 1979. Repeal and new rule filed September 22, 1982; effective October 22, 1982. Amendment filed August 8, 1984; effective September 7, 1984. Amendment filed March 15, 1985; effective June 14, 1985. Amendment filed January 5, 1989; effective February 19, 1989. Amendment filed October 11, 1991; effective November 26, 1991. Repeal filed April 1, 2016; effective June 30, 2016.

Tenn. Comp. R. & Regs. 0080-06-14-.09 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 62-21-105, and 62-21-118.
• Administrative History: Original rule certified June 5, 1974. Amendment filed June 25, 1975; effective July 25, 1975. Amendment filed February 14, 1977; effective March 16, 1977. Repeal and new rule filed September 22, 1982; effective October 22, 1982. Repeal filed October 11, 1991; effective November 26, 1991. Repeal filed April 1, 2016; effective June 30, 2016.

Tenn. Comp. R. & Regs. 0080-06-14-.10 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 62-21-118.
• Administrative History: Original rule certified June 5, 1974. Repeal and new rule filed September 22, 1982; effective October 22, 1982. Repeal filed April 1, 2016; effective June 30, 2016.

Tenn. Comp. R. & Regs. 0080-06-14-.11 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 62-21-105, and 62-21-118.
• Administrative History: Original rule certified June 5, 1974. Repeal filed September 22, 1982; effective October 22, 1982. New rule filed October 26, 1988; effective December 10, 1988. Amendment filed June 28, 2007; effective September 11, 2007. Repeal filed April 1, 2016; effective June 30, 2016.

Tenn. Comp. R. & Regs. 0080-06-14-.12 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 62-21-105, and 62-21-118.
• Administrative History: Original rule certified June 5, 1974. Repeal filed November 16, 1978; effective January 1, 1979. Amendment filed June 28, 2007; effective September 11, 2007. Repeal filed April 1, 2016; effective June 30, 2016.

Tenn. Comp. R. & Regs. 0080-06-14-.13 REPEALED

History

• Authority: T. C.A. §§ 4-3-203, 62-21-118, and 62-2120.
• Administrative History: Original rule certified June 8, 1974. Repeal filed November 16, 1978; effective January 1, 1979. Repeal filed April 1, 2016; effective June 30, 2016.

Tenn. Comp. R. & Regs. 0080-06-14-.14 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 62-21-118.
• Administrative History: Original rule filed January 23, 1995; effective May 31, 1995. Amendment filed June 28, 2007; effective September 11, 2007. Repeal filed April 1, 2016; effective June 30, 2016.

Tenn. Comp. R. & Regs. 0080-06-14-.15 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 62-21-118.
• Administrative History: Original rule filed January 23, 1995; effective May 31, 1995. Repeal filed April 1, 2016; effective June 30, 2016.

Tenn. Comp. R. & Regs. 0080-06-14-.16 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 62-21-118(a)(5).
• Administrative History: Original rule filed March 17, 2009; effective July 29, 2009. Repeal filed April 1, 2016; effective June 30, 2016.

Chapter 0080-06-15 Repealed

Tenn. Comp. R. & Regs. 0080-06-15-.01 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-8-106, 43-9-102, and 62-21-118.
• Administrative History: Original rule certified June 5, 1974. Amendment filed August 22, 1983; effective November 14, 1983. Amendment filed November 18, 1986; effective February 28, 1987. Repeal filed April 1, 2016; effective June 30, 2016.

Tenn. Comp. R. & Regs. 0080-06-15-.02 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-8-106, 43-2902 (1), (4), (10), and 62-21-118.
• Administrative History: Original rule certified June 5, 1974. Amendment filed August 22, 1983; effective November 14, 1983. Repeal filed April 1, 2016; effective June 30, 2016.

Chapter 0080-06-16 Repealed

Tenn. Comp. R. & Regs. 0080-06-16-.01 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-8-106, 62-21-118, and 62-2120(4).
• Administrative History: Original rule filed October 7, 1977; effective November 7, 1977. Repeal filed April 1, 2016; effective June 30, 2016.

Tenn. Comp. R. & Regs. 0080-06-16-.02 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-8-106, and 62-21-118.
• Administrative History: Original rule filed October 7, 1977; effective November 7, 1977. Repeal and new rule filed March 31, 2014; effective June 29, 2014. Repeal filed April 1, 2016; effective June 30, 2016.

Tenn. Comp. R. & Regs. 0080-06-16-.03 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-8-106, and 62-21-118.
• Administrative History: Original rule filed October 7, 1977; effective November 7, 1977. Amendment filed April 26, 1994; effective August 28, 1994. Amendment filed October 28, 2002; effective February 28, 2003. Repeal and new rule filed March 31, 2014; effective June 29, 2014. Repeal filed April 1, 2016; effective June 30, 2016.

Tenn. Comp. R. & Regs. 0080-06-16-.04 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-8-106, and 62-21-118.
• Administrative History: Original rule filed October 7, 1977; effective November 7, 1977. Amendment filed October 26, 1988; effective December 10, 1988. Amendment filed October 28, 2002; effective February 28, 2003. Repeal and new rule filed March 31, 2014; effective June 29, 2014. Repeal filed April 1, 2016; effective June 30, 2016.

Tenn. Comp. R. & Regs. 0080-06-16-.05 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-8-106, and 62-21-118.
• Administrative History: Original rule filed October 7, 1977; effective November 7, 1977. Repeal and new rule filed March 31, 2014; effective June 29, 2014. Repeal filed April 1, 2016; effective June 30, 2016.

Tenn. Comp. R. & Regs. 0080-06-16-.06 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-8-106, 62-21-118, and 62-2120(4).
• Administrative History: Original rule filed October 7, 1977; effective November 7, 1977. Repeal filed April 1, 2016; effective June 30, 2016.

Tenn. Comp. R. & Regs. 0080-06-16-.07 REPEALED

REGULATIONS GOVERNING USE OF RESTRICTED USE PESTICIDES CHAPTER-0080-06-16

History

• Authority: T.C.A. §§ 4-3-203, 43-8-106, 62-2-120(4), and 62-21-118.
• Administrative History: Original rule filed October 7, 1977. Amendment filed March 31, 2014; effective June 29, 2014. Repeal filed April 1, 2016; effective June 30, 2016.

Tenn. Comp. R. & Regs. 0080-06-16-.08 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-8-106, 62-21-118, and 62--2120(4).
• Administrative History: Original rule filed October 7, 1977; effective November 7, 1977. Repeal filed April 1, 2016; effective June 30, 2016.

Tenn. Comp. R. & Regs. 0080-06-16-.09 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-8-106, and 62-21-118.
• Administrative History: Original rule filed April 28, 1992; effective June 12, 1992. Repeal and new rule filed March 31, 2014; effective June 29, 2014. Repeal filed April 1, 2016; effective June 30, 2016.

Tenn. Comp. R. & Regs. 0080-06-16-.10 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-8-106, and 62-21-118.
• Administrative History: Original rule filed March 31, 2014; effective June 29, 2014. Repeal filed April 1, 2016; effective June 30, 2016.

Chapter 0080-06-17 Malus/Pyrus Virus-Free Certification

Tenn. Comp. R. & Regs. 0080-06-17-.01 DEFINITIONS

As used in this chapter, unless the context otherwise requires: “department” means the Tennessee Department of Agriculture; “director” means the Director of Plant Industries Division of the Tennessee Department or Agriculture of his duly authorized representative.

History

• Authority: T.C.A. §43-6-104.
• Administrative History: Original rule filed February 28, 1979; effective April 16, 1979. Repeal and new rule filed June 17, 1982; effective September 30, 1982.

Tenn. Comp. R. & Regs. 0080-06-17-.02 REQUIREMENTS OF CERTIFICATION

No malus, pyrus, or prunus spp. shall be sold, offered for sale, held or stored as certified Virus-free stock unless they shall have been certified as being true to name (scientific name Genus-species-and variety and/or approved common name) and as being apparently free of viruses, virus-like (myco-plasma) plant diseases and insect pests by the Director of Plant Industries Division of the Tennessee Department of Agriculture. Certification of Pyrus spp. shall likewise contemplate freedom from the following virus diseases although they are not presently known to occur in Tennessee:

(1)Pear bark split (rough spot) or blister canker;

(2)Pear moria (decline); and (3)Pear stoney pit.

Sanitation measures will be followed in all segments of cultural practices in this program. Requirements for certification shall be determined in accordance with this chapter.

History

• Authority: T.C.A. §§43-6-104 and 43-6-106.
• Administrative History: Original rule filed February 28, 1979; effective April 16,1979. Repeal and new rule filed June 17, 1982; effective September 30, 1982. Amendment filed March 15, 1985; effective June 14, 1985.

Tenn. Comp. R. & Regs. 0080-06-17-.03 , continued) must remain unopened until an authorized representative of the Department is present. Understock must be stored in an approved manner to prevent contamination.

History

• Authority: T.C.A. §43-6-104.
• Administrative History: Original rule filed February 28, 1979; effective April 16. 1979. Repeal and new rule filed June 17,1982; effective September 30, 1982.

Tenn. Comp. R. & Regs. 0080-06-17-.04 SCION SOURCE

Scion for trees certified as virus-free must be approved by the Department.

Malus spp. material must be from a registered source certified to be apparently free from stern grooving, ringspot, rough skin, scar skin, rubbery wood, mosaic and flat limb. Scion for Malus, Pyrus, and Prunus spp. must be from virus-free registered parent trees or registered scion block trees. All propagating material must arrive in individual parcels and no other plant material will be allowed in tile same parcel. This propagating material must be properly labeled by genus, species, and variety, with each variety isolated from others to prevent contamination. The identity as virus-free propagation material must accompany each Plant variety and quantity of said variety in the lot. The Department must be notified a minimum of two (2) days prior to arrival of virus-free tree propagation material. An authorized representative of the Department must be present for inspection of the material upon arrival. Malus, Pvrus and Prunus spp. propagating material must be stored in a manner approved by the Department.

History

• Authority: T CA. §43-6-104.
• Administrative History: Original rule filed February 28, 1979; effective April 16, 1979. Repeal and new rule filed June 17, 1982; effective September 30, 1982. Repeal and new rule filed June 17, 1982;effective September 30, 1982.

Tenn. Comp. R. & Regs. 0080-06-17-.05 APPLICATION

Application for certification of virus-free Malus, Pyrus and Prunus spp. must be made to the Director by August 30th of each calendar year.

History

• Authority: T.C.A. §43-6-104.
• Administrative History: Original rule February 28, 1979; effective April 16, 1979. Repeal and new rule filed June 17, 1982; effective September 30, 1982. 0080-6-17-. 06 PLANTING SITE (1) Fields offered for the growing of certified virus-free Malus, Pvrus and Prunus spp. must not have been in Malus, Pyrus or Prunus spp. within the preceding two (2) years, or in soybeans within die preceding three (3) years. Fields must be essentially free of harmful insects, nematodes and diseases. Malus or Pyrus spp. that are being grown for certified virus-free trees must be maintained at a minimum distance of one hundred and fifty (150) feet and Prunus spp. five hundred (500) feet from non-certified sources, with a fifteen (15) foot clean cultivated border around the block. (2) Virus-free rootstock will be planted in soil known to be apparently free of virus-vector nematodes or other plant parasitic nematodes. Fields offered for growing Malus, Pyrus and Prunus spp. as virusfree for certification will be sampled for nematodes by the Department’s Division of Plant Industries personnel prior to plant site approval and again during tile growing season. Fields found infested with virus-vector nematodes will not be eligible. (3) Fields infested with plant parasitic pests shall be treated prior to planting with an approved pesticide if it is deemed necessary by the Director. (4) Fields offered for Malus. Pyrus. or Prunus spp. virus-free certification production must be maintained essentially free of weeds and grasses. Authority: T.C.A. §43-6-104.

Tenn. Comp. R. & Regs. 0080-06-17-.07 PLANTING

(1) Malus, Pyrus or Prunus spp. must be spaced apart in such a manner as to have clean cultivation and to prevent root grafts. Varieties must be labeled in field and any varietal change within a row will require a ten (10) foot separation. No other plants or plant parts other than approved Malus, Pyrus or Prunus spp. will be permitted ill a block or field offered for certification. Container grown plants will follow the same growing procedures as outlined for field stock.

(2) Virus-free scion (see 0080-6-17-.04 Scion Source) may be rooted in isolated sterilized beds with approval from the Department. Varieties will have a ten (10) foot clean space between them. Malus, Pyrus or Prunus spp. will be one hundred and fifty (150) feet from any Rosaceae. Prunus spp. will be five hundred (500) feet from other non virus-free Prunus spp.

History

• Authority: T.C.A. §43-6-104.
• Administrative History: Original rule filed February 28, 1979; effective April 16, 1979. Repeal and new rule filed June 17, 1982; effective September 30, 1982.

Tenn. Comp. R. & Regs. 0080-06-17-.08 INSPECTION

(1) Malus, Pyrus or Prunus spp. subject to virus-free certification will be inspected by the Department twice each year or as deemcd necessary by the Department.

(2) A pesticide spray schedule will be followed as approved by the Director or his duly authorized representative.

(3) Any Malus, Pyrus or Prunus spp. tree that demonstrates symptoms characteristic of virus diseases or that is found to be irregular in growth or color will be removed and all trees subject to contamination will be removed.

(4) Budding, grafting or top working of Malus, Pyrus or Prunus spp. will not be permitted unless the scion is from virus-free registered parent trees or registered scion stock trees.

History

• Authority: T.C.A. §43-6-104.
• Administrative History: Original rule filed February 28, 1979; effective April 16, 1979. Repeal and new rule filed June 17, 1982; effective September 30, 1982.

Tenn. Comp. R. & Regs. 0080-06-17-.09 DIGGING

It shall be the responsibility of the owner or producer to notify the Director a minimum of two (2) days prior to digging of Malus, Pvrus or Prunus spp. virus-free trees offered for certification.

All trees to be certified will be marked for varietal identification prior to digging by paint or tagging and an inventory of such trees will be recorded. The digging will be observed by personnel of the Department.

History

• Authority: T.C.A. §43-6-104.
• Administrative History: Original rule filed February 28, 1979; effective April 16, 1979. Repeal and new rule filed June 17, 1982; effective September 30, 1982.

Tenn. Comp. R. & Regs. 0080-06-17-.10 STORAGE

Malus, Pyrus or Prunus spp. virus-free trees will be stored in a separate chamber isolated from all other plant storage.

History

• Authority: T.C.A. §43-6-104.
• Administrative History: Original rule filed February 28, 1979; effective April 16, 1979. Repeal and new rule filed June 17, 1982; effective September 30, 1982.

Tenn. Comp. R. & Regs. 0080-06-17-.11 , continued)

History

• Authority: T.C.A. §43-6-104.
• Administrative History: Original rule filed February 28, 1979; effective April 16, 1979. Repeal and new rule filed June 17, 1982; effective September 30, 1982.

Tenn. Comp. R. & Regs. 0080-06-17-.12 CERTIFICATES AND TAGS

(1)Virus-Free Plant Certificates will be issued to growers who meet the requirements of this chapter. The certificate will contain a list of virus-free varieties of the grower. Certificate color will be blue. Malus, Pyrus and Premium Prunus Virus-Free Certification Tags will be blue. Standard Prunus Virus-Free Certification Tags will be red.

(2)Virus-free certified plants shipped, sold, delivered or transported for sale shall have affixed to each plant, labels indicating:

(a)Virus-free certification; and (b)Genus, species and variety.

Virus-free certification tags will be purchased from the Department.

History

• Authority: T.C.A. §43-6-104.
• Administrative History: Original rule filed February 28, 1979; effective April 16, 1979. Repeal and new rule filed June 17,1982; effective September 30, 1982.

Tenn. Comp. R. & Regs. 0080-06-17-.13 SUSPENSION AND REVOCATION

(1)Certificates may be suspended or revoked in accordance with the Uniform Administrative Procedures Act whenever:

(a) Stock covered by the certificate is determined to be. in a non-certifiable status in accordance with the provisions of these regulations.

(b) Certificate tags are misused, transferred, sold, loaned, used on stock not covered by the certificate, or otherwise handled or used in violation of these regulations.

(c) Any of the provisions of the Tennessee Plant Pest Act of 1955, §43-6-101 et seq. as amended of Tennessee Code Annotated, or any of the regulations promulgated thereunder are violated by the holder of said certificate, or whenever the certificate is used in violation of any applicable quarantines.

(2)Certificates may be immediately suspended or revoked pending a hearing upon a finding by the Director that the public health, safety, or welfare imperatively requires emergency action in accordance with T.C.A. §43-6-106.

History

• Authority: T.C.A. §43-6-104.
• Administrative History: Original rule filed February 28, 1979; effective April 16, 1979. Repeal and new rule filed June 17, 1982; effective September 30, 1982.

Chapter 0080-06-18 Repealed

Tenn. Comp. R. & Regs. 0080-06-18-.01 REPEALED

History

• Authority: T.C.A. § 43-6-104.
• Administrative History: Original rule filed August 12, 1980; effective October 6, 1980. Repeal filed September 22, 1982. New rule filed November 27, 1985; effective December 27, 1985. Repeal filed May 31, 2013; effective October 29, 2013.

Tenn. Comp. R. & Regs. 0080-06-18-.02 REPEALED

History

• Authority: T.C.A. § 43-6-104.
• Administrative History: Original rule filed August 12, 1980; effective October 6, 1980. Repeal filed September 22, 1982; effective October 22, 1982. New rule filed November 27, 1985; effective December 27, 1985. Repeal filed May 31, 2013; effective October 29, 2013.

Tenn. Comp. R. & Regs. 0080-06-18-.03 REPEALED

History

• Authority: T.C.A. § 43-6-104.
• Administrative History: Original rule filed August 12, 1980; effective October 6, 1980. Repeal filed September 22, 1982; effective October 22, 1982. Repeal filed May 31, 2013; effective October 29, 2013.

Tenn. Comp. R. & Regs. 0080-06-18-.04 REPEALED

History

• Authority: T.C.A. § 43-6-104.
• Administrative History: Original rule filed August 12, 1980; effective October 6, 1980. Repeal filed September 22, 1982; effective October 22, 1982. New rule filed November 27, 1985; effective December 27, 1985. Repeal filed May 31, 2013; effective October 29, 2013.

Tenn. Comp. R. & Regs. 0080-06-18-.05 REPEALED

History

• Authority: T.C.A. § 43-6-104.
• Administrative History: Original rule filed November 27, 1985; effective December 27, 1985. Repeal filed May 31, 2013; effective October 29, 2013.

Chapter 0080-06-19 Imported Fire Ant Quarantine

Tenn. Comp. R. & Regs. 0080-06-19-.01 DETERMINATION OF PROBLEM AND ESTABLISHMENT OF QUARANTINE

(1) It has been determined that the destructive insect pests known as the black imported fire ant Solenopsis richteri Forel, the red imported fire ant Solenopsis invicta Buren, as well as the hybrid of these two species have been found in Tennessee, as well as in other states. These pests can be extremely injurious to Tennessee cultivated crops and man and other animals; therefore, it would be in the best interest of man and agriculture in Tennessee that a quarantine be established against these pests.

(2) Due to the above determination, a quarantine against the above defined pests is hereby established.

History

• Authority: T.C.A. §§43-6-104, 43-6-106(9) and 43-6-108.
• Administrative History: Original rule filed October 6, 1989; effective January 29, 1990. Amendment filed May 19, 1999; effective September 28, 1999.

Tenn. Comp. R. & Regs. 0080-06-19-.02 DEFINITIONS

For the purpose of this quarantine and regulations, the following shall be construed respectively to mean.

(1) CERTIFICATE OF INSPECTION: A document issued by the Director of Plant Industries, Tennessee Department of Agriculture, to allow the movement of regulated articles to any destination. Such certificates of inspection shall be in complete compliance with the restriction noted in this quarantine.

(2) DIRECTOR: The Director of the Division of Plant Industries, Tennessee Department of Agriculture.

(3) COMPACTED SOIL: Soil attached to equipment which cannot be removed by brushing and/or washing with water under normal city water pressure.

(4) COMPLIANCE AGREEMENTS: A written agreement between a person or concern engaged in growing, dealing in or moving regulated articles and the Tennessee Department of Agriculture, Division of Plant Industries, wherein the former agrees to comply with conditions specified in the agreement to prevent the dissemination of the imported fire ant.

(5) EXEMPTION: Conditions described herein which provide for the movement of regulated articles from regulated areas under specified conditions.

(6) INFESTATION: The presence of the imported fire ant in any of its life stages where it is reasonably sure the pest may exist.

(7) PEST: Imported Fire Ant in any stage of development.

(8) REGULATED AREA: Any county, other minor civil division, farm or other premises, or part thereof, designated as a regulated area by this quarantine.

(9) REGULATED ARTICLES: Imported Fire Ant, means of conveyance, and other products and articles of any character whatsoever the movement of which is regulated by this quarantine.

(10) LIMITED PERMIT: A document authorizing the movement of regulated articles to a restricted destination for limited handling, utilization, processing or treatment.

(11) INSPECTOR: Any duly designated employee, agent or representative of the Director of the Division of Plant Industries of the Tennessee Department of Agriculture.

(12) PERSON: This term shall include any corporation, partnership, firm, company, society or association, as well as any individuals.

History

• Authority: T.C.A. §§43-6-104, 43-6-106(9) and 43-6-108.
• Administrative History: Original rule filed October 6, 1989; effective January 29, 1990.

Tenn. Comp. R. & Regs. 0080-06-19-.03 REGULATED AREAS

(1) Regulated areas include any area in which the red, black, or hybrid fire ant is known to exist as enumerated by the United States Department of Agriculture Imported Fire Ant Quarantine in 7 C.F.R. §301.81-3(e) (1998) and subsequent amendments thereto, or by the Tennessee Department of Agriculture Imported Fire Ant Quarantine as set out in this rule, or as may be established in other states by the authorities having responsibility to regulate the spread of these pests within their border; and (a) In Tennessee as follows:

1. Anderson County – That portion of the county lying south of a line beginning at the Roane/Anderson County line on Tennessee Highway 95 and then continuing northeast along Tennessee Highway 95 until reaching Tennessee Highway 62 and then continuing southeast along Tennessee Highway 62 until reaching the Knox/Anderson County line.

2. Bedford County – That portion of the county lying south of a line beginning at the Marshall/Bedford County line on Tennessee Highway 270 and then continuing southeast along Tennessee Highway 270 until reaching U. S. Highway 41A and then continuing northwest along U. S. Highway 41A until reaching Hickory Hill Road and then continuing east along Hickory Hill Road until reaching Parson Road and then continuing north along Parson Road until reaching Nashville Dirt Road and then continuing northwest along Nashville Dirt Road until reaching Unionville – Deason Road and then continuing east along Unionville – Deason Road until reaching Edd Joyce Road and then continuing east along Edd Joyce Road until reaching Coop Road and then continuing southeast along Coop Road until reaching Tennessee Highway 82 and then continuing east along Tennessee Highway 82 until reaching Tennessee Highway 269 and then continuing south along Tennessee Highway 269 until reaching Tennessee Highway 64 and then continuing northeast along Tennessee Highway 64 until reaching Knob Creek Road and then continuing east along Knob Creek Road until reaching the Bedford/Coffee County line.

3. Benton County – That portion of the county lying south of a line beginning at the Carroll/Benton County line on U. S. Highway 70 and then continuing east along U. S.

Highway 70 until reaching U. S. Highway 641 and then continuing south along U. S.

Highway 641until reaching Shiloh Church Road and then continuing northeast along Shiloh Church Road until reaching Tennessee Highway 191 and then continuing northwest along Tennessee Highway 191 until reaching Latitude 36 Degrees and then continuing east along Latitude 36 Degrees until reaching the Benton/Humphreys County line.

4. Bledsoe County – That portion of the county lying south of a line beginning at the Van Buren/Bledsoe County line on Tennessee Highway 285 and then continuing southeast along Tennessee Highway 285 until reaching Bellview Road and then continuing northeast along Bellview Road until reaching Big Spring Gap Road and then continuing southeast along Big Spring Gap Road until reaching Old State Highway 28 and then continuing northeast along Old State Highway 28 until reaching the Bledsoe/Cumberland County Line.

5. Blount County – That portion of the county lying south of a line beginning at the Knox/Blount County line on U. S. Highway 129 and then continuing south along U. S.

Highway 129 until reaching U. S. Highway 321 and then continuing east along U. S.

Highway 321 until reaching the Sevier/Blount County line.

6. Bradley County – The entire county.

7. Carroll County – That portion of the county lying southeast of a line beginning at the Gibson/Carroll County line on U. S. Highway 79/70A and then continuing northeast along U. S. Highway 79/70A until reaching U. S. Highway 79 and then continuing northeast along U. S. Highway 79 until reaching Big Buck Road and then continuing east along Big Buck Road until reaching Tennessee Highway 436 and then continuing north along Tennessee Highway 436 until reaching Thompson Road and then continuing east along Thompson Road until reaching Tennessee Highway 22 and then continuing southeast along Tennessee Highway 22 until reaching Tennessee Highway 364 (Huntingdon Bypass) and then continuing east along Tennessee Highway 364 until reaching U. S. Highway 70 and then continuing east along U. S. Highway 70 until reaching the Benton/Carroll County line.

8. Chester County – The entire county.

9. Coffee County – That portion of the county lying south of a line beginning at the Bedford/Coffee County line on Sixteenth Model Road and then continuing east along Sixteenth Model Road until reaching U. S. Highway 41 and then continuing northwest along U. S. Highway 41 until reaching Interstate 24 and then continuing southeast along Interstate 24 until reaching Tennessee Highway 55 and then continuing northeast along Tennessee Highway 55 until reaching Ragsdale Road and then continuing south along Ragsdale Road until reaching New Bushy Branch Road and then continuing southeast along New Bushy Branch Road until reaching Cornelison Road and then continuing east along Cornelison Road until reaching Clifton Scott Road and then continuing south along Clifton Scott Road until reaching Asbury Road and then continuing east along Asbury Road until reaching Benson Road and then continuing southeast along Benson Road until reaching Buck Jones Road and then continuing south along Buck Jones Road until reaching Old Airport Road and then continuing southwest along Old Airport Road until reaching U. S. Highway 41 and then continuing southeast along U. S. Highway 41 until reaching Bailey Road and then continuing east along Bailey Road until reaching Lusk Cove Road and then continuing northeast along Lusk Cove Road until reaching Latitude 35 Degrees 25 Minutes and then continuing east along Latitude 35 Degrees 25 Minutes until reaching the Grundy/Coffee County line.

10. Cumberland County – That portion of the county lying southeast of a line beginning at the Rhea/Cumberland County line on Tennessee Highway 68 and then continuing northwest along Tennessee Highway 68 until reaching Cox Valley Road and then continuing northeast along Cox Valley road until reaching U. S. Highway 70 and then continuing east along U. S. Highway 70 until reaching Market Street (in Crab Orchard) and then continuing north along Market Street until reaching Main Street and then continuing west along Main Street until reaching Chestnut Hill Road and then continuing north along Chestnut Hill Road until reaching Latitude 35 Degrees 56 Minutes and then continuing east along Latitude 35 Degrees 56 Minutes until reaching the Morgan/Cumberland County line.

11. Davidson County – That portion of the county lying southeast of a line beginning at the Williamson/Davidson County line on U. S. Highway 431 and then continuing northeast along U. S. Highway 431 until reaching Tennessee Highway 254 and then continuing east along Tennessee Highway 254 until reaching U. S. Highway 31A/41A and then continuing north along U. S. Highway 31A/41A until reaching Tennessee Highway 255 and then continuing northeast along Tennessee Highway 255 until reaching Interstate 40 and then continuing east along Interstate 40 until reaching the Wilson/Davidson County line.

12. Decatur County – The entire county.

13. Fayette County – The entire county.

14. Franklin County – The entire county.

15. Gibson County – That portion of the county lying southeast of a line beginning at the Madison/Gibson County line on U. S. Highway 45 W and then continuing northwest along U. S. Highway 45 W until reaching the U. S. Highway 45 W Bypass (Tennessee Highway 366) and then continuing north along the U. S. Highway 45 Bypass until reaching U. S. Highway 79/70A and then continuing northeast along U. S. Highway 79/70A until reaching the Carroll/Gibson County line.

16. Giles County – The entire county.

17. Grundy County – That portion of the county lying southeast of a line beginning at the Coffee/Grundy County line at Latitude 35 Degrees 25 Minutes and then continuing east along 35 Degrees 25 Minutes until reaching Deer Run Road and then continuing north along Deer Run Road until reaching Cabbage Patch Road and then continuing east along Cabbage Patch Road until reaching Tennessee Highway 108 and then continuing southeast along Tennessee Highway 108 until reaching Tennessee Highway 56 and then continuing north along Tennessee Highway 56 until reaching the Warren/Grundy County line.

18. Hamilton County – The entire county.

19. Hardeman County – The entire county.

20. Hardin County – The entire county.

21. Haywood County – That portion of the county lying south of a line beginning at the Tipton/Haywood County line on Tennessee Highway 54 and then continuing east along Tennessee Highway 54 until reaching U. S. Highway 70 and then continuing east along U. S. Highway 70 until reaching Interstate 40 and then continuing northeast along Interstate 40 until reaching the Madison/Haywood County line.

22. Henderson County – The entire county.

23. Hickman County – That portion of the county lying south of a line beginning at the Humphreys/Hickman County line on Interstate 40 and then continuing northeast along Interstate 40 until reaching Tennessee Highway 230 and then continuing east along Tennessee Highway 230 until reaching Tennessee Highway 48 and then continuing southeast along Tennessee Highway 48 until reaching Tennessee Highway 100 and then continuing northeast along Tennessee Highway 100 until reaching Tennessee Highway 230 and then continuing south along Tennessee Highway 230 until reaching Tennessee Highway 50 and then continuing southeast along Tennessee Highway 50 until reaching the Maury/Hickman County Line.

24. Humphreys County – That portion of the county lying south of a line beginning at the Benton/Humphreys County line at Latitude 36 Degrees and then continuing east along Latitude 36 Degrees until reaching Forks River Road and then continuing south along Forks River Road until reaching Old Highway 13 and then continuing southeast along Old Highway 13 until reaching Tennessee Highway 13 and then continuing south along Tennessee Highway 13 until reaching Interstate 40 and then continuing east along Interstate 40 until reaching the Hickman/Humphreys County line.

25. Knox County – That portion of the county lying south of a line beginning at the Anderson/Knox County line on Tennessee Highway 62 and then continuing east along Tennessee Highway 62 until reaching Tennessee Highway 131 and then continuing south along Tennessee Highway 131 until reaching Middlebrook Pike and then continuing southeast along Middlebrook Pike until reaching North Cedar Bluff Road and then continuing south along North Cedar Bluff Road until reaching U. S. Highway 70 and then continuing northeast along U. S. Highway 70 until reaching U. S. Highway 129 and then continuing south along U. S. Highway 129 until reaching the Blount/Knox County line.

26. Lawrence County – The entire county.

27. Lewis County – The entire county.

28. Lincoln County – The entire county.

29. Loudon County – The entire county.

30. Madison County – The entire county.

31. Marion County – The entire county.

32. Marshall County – That portion of the county lying south of a line beginning at the Maury/Marshall County line on Moses Road and then continuing northeast along Moses Road until reaching Wilson School Road and then continuing southeast along Wilson School Road until reaching Lunns Store Road and then continuing south along Lunns Store Road until reaching Tennessee Highway 99 and then continuing east along Tennessee Highway 99 until reaching U. S. Highway 31A and then continuing south along U. S. Highway 31A until reaching James Shaw Road and then continuing south along James Shaw Road until reaching Clay Hill Road and then continuing east along Clay Hill Road until reaching Warner Road and then continuing south along Warner Road until reaching Batten Road and then continuing southeast along Batten Road until reaching the Bedford/Marshall County line.

33. Maury County – That portion of the county lying south of a line beginning at the Hickman/Maury County line on Jones Valley Road and then continuing east along Jones Valley Road until reaching Leipers Creek Road and then continuing south along Leipers Creek Road until reaching Tennessee Highway 247 and then continuing northeast along Tennessee Highway 247 until reaching Tennessee Highway 246 and then continuing north along Tennessee Highway 246 until reaching the Williamson/Maury County line.

34. McMinn County – The entire county.

35. McNairy County – The entire county.

36. Meigs County – The entire county.

37. Monroe County – The entire county.

38. Moore County – The entire county.

39. Perry County – The entire county.

40. Polk County – The entire county.

41. Rhea County – The entire county.

42. Roane County – The entire county.

43. Rutherford County – That portion of the county lying northwest of a line beginning at the Williamson/Rutherford County line on Rocky Fork Road and then continuing northeast along Rocky Fork Road until reaching Old Nashville Highway and then continuing southeast along Old Nashville Highway until reaching Tennessee Highway 102 and then continuing northeast along Tennessee Highway 102 until reaching Weakley Lane and then continuing north along Weakley Lane until reaching Couchville Pike and then continuing northwest along Couchville Pike until reaching Corinth Road and then continuing north along Corinth Road until reaching the Wilson/Rutherford County line.

44. Sequatchie County – The entire county.

45. Shelby County – The entire county.

46. Tipton County – That portion of the county lying south of a line beginning at the Shelby/Tipton County line on Tennessee Highway 14 and then continuing northeast along Tennessee Highway 14 until reaching Tennessee Highway 179 and then continuing southeast along Tennessee Highway 179 until reaching the Haywood/Tipton County line.

47. Van Buren County – That portion of the county lying south of Tennessee Highway 30.

48. Wayne County – The entire county.

49. Williamson County – That portion of the county lying northeast of a line beginning at the Davidson/Williamson County line on U. S. Highway 31 and then continuing southwest along U. S. Highway 31 until reaching U. S. Highway Business 431 and then continuing southeast along U. S. Highway Business 431 until reaching Mack Hatcher Parkway and then continuing north along Mack Hatcher Parkway until reaching South Royal Oaks Blvd. and then continuing northeast along South Royal Oaks Blvd. until reaching Tennessee Highway 96 and then continuing east along Tennessee Highway 96 until reaching Clovercroft Road and then continuing northeast along Clovercroft Road until reaching Wilson Pike and then continuing north along Wilson Pike until reaching Clovercroft Road and then continuing northeast along Clovercroft Road until reaching Rocky Fork Road and then continuing east along Rocky Fork Road until reaching the Rutherford/Williamson County line.

History

• Authority: T.C.A. §§43-6-104, 43-6-106(9) and 43-6-108.
• Administrative History: Original rule filed October 6, 1989; effective January 29, 1990. Amendment filed May 19, 1999; effective September 28, 1999. Amendment filed September 13, 2001; effective January 28, 2002. Amendment filed February 23, 2007; effective June 28, 2007.

Tenn. Comp. R. & Regs. 0080-06-19-.04 REGULATED ARTICLES

The following pests and articles shall be regulated by this quarantine.

(1) The black imported fire ant, Solenopsis richleri Forel, and the red imported fire ant, Solenopsis invicta Buren, in any living stage of development.

(2) Soil, compost, decomposed manure, humus, murk and peat, separately or with other things;

(3) Plants with roots with soil attached;

(4) Grass sod;

(5) Hay and straw;

(6) Used mechanized soil-moving equipment; and (7) Any other products, articles, or means of conveyance of any character whatsoever, when it is determined by the Director that they present a hazard of spread of imported fire ants and the person in possession thereof has been notified.

History

• Authority: T.C.A. §§43-6-106, 43-6-106(9) and 43-6-108.
• Administrative History: Original rule filed October 6, 1989; effective January 29, 1990.

Tenn. Comp. R. & Regs. 0080-06-19-.05 CERTIFICATES AND PERMITS REQUIRED

Unless exempted, a certificate or a permit must accompany the movement of regulated articles from any regulated areas into or through any point outside thereof.

Regulated articles originating outside a regulated area may be moved without a certificate or permit if (1) The point of origin is clearly indicated on the shipping document accompanying the regulated articles provided; and (2) The regulated articles moving through the infested area are protected to the satisfaction of the Director.

History

• Authority: T.C.A. §§43-6-104, 43-6-106(9) and 43-6-108.
• Administrative History: Original rule filed October 6, 1989; effective January 29, 1990.

Tenn. Comp. R. & Regs. 0080-06-19-.06 ATTACHMENT OF CERTIFICATES AND/OR PERMITS

Every single article and/or every container of regulated articles is required to have a certificate or permit securely attached to the outside thereof, when being moved or offered for movement. Where regulated articles are adequately described on the certificate or permit attached to the way-bill, the attachment of a certificate or permit to each container of the articles or to the article itself will not be required.

History

• Authority: T.C.A. §§43-6-104, 43-6-106(9) and 43-6-108.
• Administrative History: Original rule filed October 6, 1989; effective January 29, 1990.

Tenn. Comp. R. & Regs. 0080-06-19-.07 CONDITIONS GOVERNING ISSUANCE OF CERTIFICATES AND PERMITS

(1) CERTIFICATES: Certificates may be issued by the inspector for the movement of the regulated articles designated in this quarantine under any of the following conditions:

(a) When in the judgement of the inspector, they have not been exposed to infestation.

(b) When they have been examined by the inspector and found to be free of infestation (c) When they have been treated to destroy infestations under the supervision of the inspector and in accordance with methods selected by him from procedures authorized by the Director of the Division of Plant Industries and known to be effective under conditions in which applied.

(d) When grown, produced, manufactured or handled in such manner that in the judgement of the inspector, no infestation would be transmitted thereby.

History

• Authority: T.C.A. §§43-6-104, 43-6-106(9) and 43-6-108.
• Administrative History: Original rule filed October 6, 1989; effective January 29, 1990.

Tenn. Comp. R. & Regs. 0080-06-19-.08 PROTECTING CERTIFIED ARTICLES

Prior to certification, regulated articles must be loaded, handled and shipped only under such protections and safeguards against infestation as are required by the inspector.

History

• Authority: T.C.A. §§43-6-104, 43-6-106(9) and 43-6-108.
• Administrative History: Original rule filed October 6, 1989; effective January 29, 1990.

Tenn. Comp. R. & Regs. 0080-06-19-.09 MOVEMENT OF REGULATED ARTICLES WITHIN THE REGULATED AREAS

Regulated articles within regulated areas may be freely moved unless:

(1) The articles originate on infested properties;

(2) The Commissioner has determined that a hazard of spread exists, and (3) The property owner has been so notified. A property owner so notified may move the specified regulated articles within the regulated areas only under conditions approved by the Director.

History

• Authority: T.C.A. §§43-6-104, 43-6-106(9) and 43-6-108.
• Administrative History: Original rule filed October 6, 1989; effective January 29, 1990.

Tenn. Comp. R. & Regs. 0080-06-19-.10 EXEMPT ARTICLES

The following articles are exempt from all regulated area certification and permit requirements if they meet applicable conditions prescribed, and have not been exposed to infestation after cleaning or other handling (1) Potting soil, if commercially prepared, packaged and shipped in original containers.

(2) Hay and straw, if used for packing or bedding.

(3) Used mechanized soil-moving equipment, if cleaned of all loose, non-compacted soil.

(4) Transplants, if substantially free of soil and house plants grown in the home and not for sale.

(5) Soil samples for processing, testing, or analysis, may be moved from the regulated area only to laboratories operated under compliance agreement, or only in emergencies under authorization from the Director.

(6) Compact, decomposed manure, humus and peat, if dehydrated, ground, pulverized or compressed.

(7) Logs and pulpwood, provided the loading site has been properly treated as recommended.

History

• Authority: T.C.A. §§43-6-104, 43-6-106(9) and 43-6-108.
• Administrative History: Original rule filed October 6, 1989; effective January 29, 1990.

Tenn. Comp. R. & Regs. 0080-06-19-.11 COMPLIANCE AGREEMENT

As a condition of the issuance of certificates of compliance and/or permits for the movement of regulated articles, the Commissioner may require any person engaged in purchasing, assembling, handling, processing, utilizing, treating or moving such articles to sign a compliance agreement. Such compliance agreement may stipulate that the person will maintain such safeguards as may be required by the Commissioner. The United States Department of Agriculture compliance agreements may be utilized to meet the requirements of this rule.

History

• Authority: T.C.A. §§43-6-104, 43-6-106(9) and 43-6-108.
• Administrative History: Original rule filed October 6, 1989; effective January 29, 1990.

Tenn. Comp. R. & Regs. 0080-06-19-.12 INSPECTION AND DISPOSAL

The Commissioner and others authorized to perform official duties in connection with the imported fire ant quarantine are hereby authorized and empowered, upon probable cause and after displaying proper identification, to stop and search, without a warrant, any person, and/or any means of conveyance moving into, within, or from the State of Tennessee, and/or any regulated article or container being moved or offered for movement by and/or upon such person and/or by or within such conveyance, for fire ant infestation. The Commissioner and/or other authorized persons are hereby further authorized and empowered to seize, treat, require to be treated under state supervision, destroy, or otherwise dispose of articles found to be moving or offered for movement in violation of the imported fire ant quarantine. All chemicals used for treatment under this quarantine must be registered with both the state and federal governments, and the same must be applied according to state and federal guidelines.

History

• Authority: T.C.A. §§43-6-104, 43-6-106(9) and 43-6-108.
• Administrative History: Original rule filed October 6, 1989; effective January 29, 1990.

Chapter 0080-06-20 Repealed

Tenn. Comp. R. & Regs. 0080-06-20-.01 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, 43-6-106(9), and 43-6-108.
• Administrative History: Original rules filed February 2, 1993; effective May 29, 1993. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-06-20-.12 REPEALED

History

• Authority: TC.A. §§ 4-3-203, 43-6-104, 43-6-106(9), and 43-6-108.
• Administrative History: Original rules filed February 2, 1993; effective May 29, 1993. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-06-20-.02 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, 43-6-106(9), and 43-6-108.
• Administrative History: Original rules filed February 2, 1993; effective May 29, 1993. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-06-20-.03 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, 43-6-106(9), and 43-6-108.
• Administrative History: Original rules filed February 2, 1993; effective May 29, 1993. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-06-20-.04 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, 43-6-106(9), and 43-6-108.
• Administrative History: Original rules filed February 2, 1993, effective May 29, 1993. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-06-20-.05 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, 43-6-106(9), and 43-6-108.
• Administrative History: Original rules filed February 2, 1993, effective May 29, 1993. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-06-20-.06 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, 43-6-106(9), and 43-6-108.
• Administrative History: Original rules filed February 2, 1993, effective May 29, 1993. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-06-20-.07 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, 43-6-106(9), and 43-6-108.
• Administrative History: Original rules filed February 2, 1993; effective May 29, 1993. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-06-20-.08 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, 43-6-106(9), and 43-6-108.
• Administrative History: Original rules filed February 2, 1993; effective May 29, 1993. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-06-20-.09 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, 43-6-106(9), and 43-6-108.
• Administrative History: Original rules filed February 2, 1993; effective May 29, 1993. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-06-20-.10 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, 43-6-106(9), and 43-6-108.
• Administrative History: Original rules filed February 2, 1993; effective May 29, 1993. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-06-20-.11 REPEALED

History

• Authority: TC.A. §§ 4-3-203, 43-6-104, 43-6-106(9), and 43-6-108.
• Administrative History: Original rules filed February 2, 1993; effective May 29, 1993. Repeal filed June 25, 2021; effective September 23, 2021.

Chapter 0080-06-21 Repealed

Tenn. Comp. R. & Regs. 0080-06-21-.01 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 43-1-703.
• Administrative History: Original rule filed January 23, 1995; effective April 8, 1995. Amendment filed November 30, 1998; effective March 30, 1999. Amendment filed April 28, 2003; effective August 28, 2003. Repeal filed March 24, 2016; effective June 22, 2016.

Chapter 0080-06-22 Boll Weevil Eradication

Tenn. Comp. R. & Regs. 0080-06-22-.01 PURPOSE

(1)The purpose of this Chapter as set out in T.C.A. §43-6-401 is to secure the suppression or eradication of the boll weevil in cotton. To meet these ends this Chapter imposes quarantines and certifies a cotton grower’s organization to cooperate with other state and federal agencies.

History

• Authority: T.C.A. §§43-6-406 and 43-6-409.
• Administrative History: Original rule filed January 23, 1995; effective May 31, 1995.

Tenn. Comp. R. & Regs. 0080-06-22-.02 DEFINITIONS

For the purpose of this Chapter, the following definitions shall apply.

(1)APHIS - United States Department of Agriculture, Animal and Plant Health Inspection Service.

(2)Boll Weevil - Anthonomus grandis Boheman in any stage of development.

(3)Certificate - A document issued or authorized by the Commissioner indicating that a regulated article is not contaminated with boll weevils. Such articles may be moved to any destination.

(4)Certified Cotton Growers’ Organization - The Tennessee Boll Weevil Eradication Foundation, Inc., as certified by the Commissioner for the purpose of entering into agreements with the state of Tennessee, other states, the federal government and other parties as may be necessary to carry out the boll weevil eradication program in the state of Tennessee.

(5)Commissioner - The Commissioner of Agriculture or his designated representative.

(6)Compliance Agreement - A written agreement between the Department of Agriculture and any person engaged in growing, dealing in, or moving regulated articles wherein the latter agrees to comply with specified provisions to prevent dissemination of the boll weevil.

(7)Department - The Tennessee Department of Agriculture.

(8)Elimination Area - That portion of Tennessee where eradication of the boll weevil is undertaken as an objective.

(9)FSA - United States Department of Agriculture, Farm Service Agency.

(10)Foundation - The Tennessee Boll Weevil Eradication Foundation, Inc.

(11)Gin Trash - All material produced during the cleaning and ginning of cotton seed, bollies or snapped cotton except lint, cottonseed or gin waste.

(12)Grower - Any person who is engaged in and has an economic risk in the business of producing or causing to be produced cotton for market.

(13)Infested - Actually infested with a boll weevil or so exposed to infestation that it would be reasonable to believe that an infestation exists.

(14)Non-Commercial Cotton - Cotton intended for purposes other than processing.

(15)Permit - A document issued or authorized by the Commissioner to provide for the movement of a regulated article to a restricted destination for limited handling, utilization or processing.

(16)Person - Any individual, corporation, company, society, association or other business entity.

(17)Regulated Area - Any county, parish, township, city or other civil division or part thereof in any state or territory listed in this Chapter as being placed under quarantine, and such other areas as may become infested or deemed to present a hazard of spread of the boll weevil.

(18)Seed Cotton - Cotton as it comes from the field prior to ginning.

(19)Used Cotton Equipment - Any cotton equipment previously used to harvest, strip, transport or process cotton.

(20)Waiver - A written authorization which exempts an individual from compliance with one or more specific requirements of this Chapter.

History

• Authority: T.C.A. §§43-6-406 and 43-6-409.
• Administrative History: Original rule filed January 23, 1995; effective May 31, 1995. Amendment filed September 17, 1998; effective January 28, 1999. Amendment filed May 16, 2001; effective September 28, 2001.

Tenn. Comp. R. & Regs. 0080-06-22-.03 QUARANTINE IMPOSED

(1)Based upon the purpose set out in 0080-6-22-.01, it is hereby ordered, that a quarantine be imposed upon the articles, pests and areas set out in this Chapter, subject to the conditions imposed by this

Chapter.

History

• Authority: T.C.A. §§43-6-406 and 43-6-409.
• Administrative History: Original rule filed January 23, 1995; effective May 31, 1995.

Tenn. Comp. R. & Regs. 0080-06-22-.04 REGULATED AREAS

The following areas are hereby regulated:

(1)The entire State of Tennessee.

(2)All States and portions thereof infested with the boll weevil.

History

• Authority: T.C.A. §§43-6-406 and 43-6-409.
• Administrative History: Original rule filed January 23, 1995; effective May 31, 1995.

Tenn. Comp. R. & Regs. 0080-06-22-.05 ELIMINATION AREAS

(1)The elimination areas in Tennessee are as follows:

(a)Middle Tennessee Region: All counties which lie east of the Tennessee River in what are generally known as Middle and East Tennessee, except the portion of Hardin County that lies east of the Tennessee River.

(b)West Tennessee Region 1: 1.Fayette, Hardeman, Hardin, McNairy, Shelby and Tipton counties in their entirety. 2.The portion of Haywood County that lies south of the Hatchie River. 3.The portion of Chester County that lies south of Tennessee Highway 100.

(c)West Tennessee Region 2: 1.Benton, Carroll, Crockett, Decatur, Dyer, Gibson, Henderson, Lauderdale and Madison Counties in their entirety. 2.The portion of Haywood County that lies north of the Hatchie River. 3.The portion of Chester County that lies north of Tennessee Highway 100.

(d)West Tennessee Region 3: Henry, Lake, Obion and Weakley Counties in their entirety.

History

• Authority: T.C.A. §§43-6-406 and 43-6-409.
• Administrative History: Original rule filed January 23, 1995; effective May 31, 1995. Amendment filed September 17, 1998; effective January 28, 1999. Amendment filed May 16, 2001; effective September 28, 2001.

Tenn. Comp. R. & Regs. 0080-06-22-.06 REGULATED ARTICLES

The following articles shall be regulated by this Chapter:

(1)The boll weevil, Anthonomus grandis Boheman, in any living stage of development.

(2)Gin trash.

(3)Seed cotton.

(4)Cotton plants, bolls.

(5)Used cotton equipment.

(6)Any other products, articles, means of conveyance, or any other item whatsoever which is determined by the Commissioner to present a hazard in the spread of the boll weevil, and the person in possession of such item has been so notified.

History

• Authority: T.C.A. §§43-6-406 and 43-6-409.
• Administrative History: Original rule filed January 23, 1995; effective May 31, 1995. Amendment filed September 17, 1998; effective January 28, 1999.

Tenn. Comp. R. & Regs. 0080-06-22-.07 CONDITIONS GOVERNING MOVEMENT OF REGULATED ARTICLES

(1)Certificate or Permit Required.

(a)Regulated articles moving from a regulated area into or through the elimination area of the State of Tennessee shall be accompanied by a certificate or permit issued by an authorized regulatory official in the state where such articles originated.

(b)Regulated articles originating outside a regulated area may be moved into or through the elimination area of the State of Tennessee without a certificate or permit, if accompanied by documentation of the point of origin and if, to the satisfaction of the Commissioner, such articles have been adequately protected from boll weevil infestation during movement through all regulated areas.

(2)Issuance of Certificates and Permits.

(a)Certificates for movement of regulated articles may be issued by the Commissioner when such articles: 1.Originated in non-infested premises in the State of Tennessee and have not been otherwise exposed to infestation. 2.Have been treated to destroy infestation in accordance with approved procedures. 3.Have been grown, manufactured, stored, or handled in such a manner that, in the judgment of the Commissioner, they would not transmit infestation, and 4.Have been found, upon examination by the Commissioner, to be free of any infestation.

(b)Permits may be issued by the Commissioner to allow the movement of non-certified regulated articles to locations outside regulated areas for particular handling, utilization, processing, or treatment in accordance with approved procedures, when the Commissioner has determined that such movement will not result in spreading of the boll weevil.

(3)Certificates and permits shall be handled as follows:

(a)Certificates and permits, when required, shall be securely attached to the outside container in which regulated articles are moved, provided that when the regulated articles are adequately described on the shipping document, the certificate or permit may be attached to the shipping document.

(b)Copies of all certificates and permits shall be furnished by the carrier to the consignee at the final destination.

(4)Any certificate or permit may be canceled by the Commissioner upon his determination that the holder thereof has failed to comply with any condition for the use of such permit or with any term of the compliance agreement.

History

• Authority: T.C.A. §§43-6-406 and 43-6-409.
• Administrative History: Original rule filed January 23, 1995; effective May 31, 1995. Amendment filed September 17, 1998; effective January 28, 1999.

Tenn. Comp. R. & Regs. 0080-06-22-.08 MOVEMENT FOR SCIENTIFIC PURPOSES

(1)Regulated articles may be moved for experimental or scientific purposes provided a permit issued by the Commissioner specifying guidelines by which such articles must be handled is obtained prior to movement.

(2)Producers in designated experimental areas may be exempted from specified requirements of this

Chapter, provided they abide by criteria as stipulated by the Commissioner in a compliance agreement.

The experiments in these areas must contribute to the development of scientific knowledge deemed of importance to the production of cotton.

History

• Authority: T.C.A. §§43-6-406 and 43-6-409.
• Administrative History: Original rule filed January 23, 1995; effective May 31, 1995.

Tenn. Comp. R. & Regs. 0080-06-22-.09 COMPLIANCE AGREEMENTS

(1)As a condition of issuance of certificates or permits for the movement of regulated articles, any person engaged in purchasing, assembling, exchanging, handling, processing, utilizing, treating, or moving such articles may be required to sign a compliance agreement stipulating:

(a)That he will maintain such safeguards against the establishment and spread of infestation, (b)Comply with such conditions as to the maintenance of identity, handling, and subsequent movement of such articles, and (c)The cleaning and treatment of means of conveyance and containers used in the transportation of such articles as may be required by the Commissioner.

(2)Any compliance agreement may be canceled by an Commissioner whenever he finds, after notice to and opportunity for response by the holder, that such holder has failed to comply with any condition of the agreement. Any compliance agreement may be canceled or voided by the Commissioner when, in his opinion, it is no longer required.

History

• Authority: T.C.A. §§43-6-406 and 43-6-409.
• Administrative History: Original rule filed January 23, 1995; effective May 31, 1995. Amendment filed September 17, 1998; effective January 28, 1999.

Tenn. Comp. R. & Regs. 0080-06-22-.10 TRANSPORTATION AND DISPOSAL

(1)The Commissioner is authorized to stop a person and to inspect any article or means of transportation or conveyance moving into, within, or from the State of Tennessee when he has reasonable grounds or probable cause to believe that such items are infested with the boll weevil; and the Commissioner is authorized to seize, treat, destroy, or otherwise dispose of any articles found to be moving in violation of these rules

History

• Authority: T.C.A. §§43-6-406 and 43-6-409.
• Administrative History: Original rule filed January 23, 1995; effective May 31, 1995. Amendment filed September 17, 1998; effective January 28, 1999.

Tenn. Comp. R. & Regs. 0080-06-22-.11 REPORTING AND LOCATION OF COTTON ACREAGE

(1)All growers in an elimination area shall complete a cotton acreage report showing planting intentions, noting the location and acreage of all cotton fields by a date recommended by the Foundation and established by the Commissioner. All growers shall complete the intended cotton acreage report at the local FSA office servicing each county in which they produce cotton. Such reports shall be filed for each year of participation in the program. Growers who fail to complete this report by the established date shall be assessed a $5.00 per acre penalty.

(2)All growers in an elimination area shall complete a cotton acreage report showing actual FSA certified acreage noting the location of all cotton fields by a date recommended by the Foundation and established by the Commissioner. All growers shall complete the certified cotton acreage report at the local FSA office servicing each county in which they produce cotton. Such reports shall be filed for each year of participation in the program. Growers who fail to complete and file this report by the established date shall be assessed a $5.00 per acre penalty.

(3)Notification of the dates established for reporting of planting intentions and actual FSA certified cotton acreage shall be given to growers via correspondence from the Department prior to April 15 each year.

(4)Non-commercial cotton shall not be planted in an elimination area without a waiver issued in writing by the Commissioner. Application for a waiver shall be submitted in writing and the Commissioner’s decision to grant or deny the waiver shall be based on the following:

(a)Location of growing area, (b)Pest conditions in the growing area, (c)Size of the growing area, (d)Accessibility of the growing area, (e)Any stipulation set forth in a compliance agreement between the applicant and the Commission that are necessary for the effectuation of the program.

History

• Authority: T.C.A. §§43-6-406 and 43-6-409.
• Administrative History: Original rule filed January 23, 1995; effective May 31, 1995. Amendment filed September 17, 1998; effective January 28, 1999. Amendment filed May 16, 2001; effective September 28, 2001.

Tenn. Comp. R. & Regs. 0080-06-22-.12 PROGRAM PARTICIPATION, FEE PAYMENT, PENALTIES, AND CREDITS

(1)Upon passage of a grower referendum conducted under the provisions of T.C.A. 43-6-423, all cotton growers in an elimination area as set out in 0080-6-22-.05 shall be required to participate in the boll weevil eradication program and pay an assessment as recommended by the Foundation and established by the Commissioner.

(2)Assessment rates recommended by the Foundation and established by the Commissioner shall not exceed the maximum rate authorized by the most recent referendum. The assessment rate and payment date is dependent upon the availability of allocated funding. Therefore, notification will be given to growers via correspondence from the Department at the earliest practical date, after the amount of allocated funding is known. All payments made by the grower shall be submitted to the local FSA and made payable to the Tennessee Boll Weevil Eradication Foundation, Inc.

(3)Any grower in an elimination area whose FSA measured acreage exceeds the acreage reported by the grower on the intended or certified cotton acreage reports by more than 10 percent shall be assessed a penalty fee of $5.00 per acre on that acreage in excess of the reported acreage. Any grower whose FSA measured acreage exceeds the reported planting intentions by more than 10 percent due to emergency or hardship may apply for a waiver. Any grower applying for a waiver shall make application in writing to the Commissioner stating the conditions under which he requests the waiver. The Commissioner will make all decision concerning a waiver of all or part of this requirement.

Notification will be given to the grower within two weeks after receipt of such application. The Commissioner shall base his decision upon the following:

(a)Meteorological conditions, (b)Economic hardship, (c)Any other uncontrollable destructive forces.

(4)Failure to pay all assessments on or before the deadlines established by the Commissioner for the current growing season shall result in a late payment penalty of $5.00 per acre. Failure by a grower to pay all program costs by the deadlines established by the Commissioner is a violation of this rule.

(5)The Commissioner shall have a lien for the payment of assessments which shall be of equal dignity with liens for taxes in favor of the State.

(6)At such times as are profitable to the boll weevil eradication program, the Foundation may recommend credits for early cotton stalk destruction. Such credits, if approved by the Commissioner, shall be applied to the subsequent year’s assessment. In order to claim such credits:

(a)The grower must complete a stalk destruction verification form and submit a copy to the local FSA office in the county where the cotton was produced.

(b)Stalk destruction must be verified by an authorized representative of the Southeastern Boll Weevil Eradication Foundation, Inc.

(c)The stalk destruction verification form must be received at the Department no later than December 1 immediately following the early stalk destruction.

History

• Authority: T.C.A. §§43-6-406 and 43-6-409.
• Administrative History: Original rule filed January 23, 1995; effective May 31, 1995. Amendment filed September 17, 1998; effective January 28, 1999. Amendment filed May 16, 2001; effective September 28, 2001.

Tenn. Comp. R. & Regs. 0080-06-22-.13 PURCHASE OF COTTON FOR EFFECTUATION OF PROGRAM OBJECTIVES

(1)The Commissioner may purchase growing cotton when he deems it in the best interest of the program.

Purchase price shall be based on the FSA farm established yield for the current year.

History

• Authority: T.C.A. §§43-6-406 and 43-6-409.
• Administrative History: Original rule filed January 23, 1995; effective May 31, 1995. Amendment filed September 17, 1998; effective January 28, 1999.

Tenn. Comp. R. & Regs. 0080-06-22-.14 COTTON STALK DESTRUCTION

(1)All growers in the elimination areas are required to destroy cotton stalks in every field location planted to cotton on or before December 31 of each year. Such cotton stalk destruction shall consist of shredding or disking to the extent of eliminating standing cotton stalks.

(2)In fields with cotton stalks left standing after December 31, the Commissioner shall have authority to hire the destruction of standing stalks and assess the grower for actual costs of such destruction.

Failure to pay an assessment for crop destruction shall result in a late payment penalty of $5.00 per acre.

(3)Any grower who cannot destroy cotton stalks before December 31 due to emergency or hardship conditions may apply for a waiver. Any grower seeking a waiver shall make application in writing to the Commissioner stating the conditions under which he requests such a waiver. The decision of whether or not to waive this requirement shall be made by the Commissioner and notification given to the grower within two weeks after receipt of such application. The Commissioner shall base his decision on the following:

(a)Meteorological conditions, (b)Economic conditions, (c)Any other uncontrollable destructive forces.

History

• Authority: T.C.A. §§43-6-406 and 43-6-409.
• Administrative History: Original rule filed January 23, 1995; effective May 31, 1995. Amendment filed May 16, 2001; effective September 28, 2001.

Chapter 0080-06-23 Repealed

Tenn. Comp. R. & Regs. 0080-06-23-.01 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule filed January 3, 1995; effective May 31, 1995. Repeal filed March 30, 2017; effective June 28, 2017.

Tenn. Comp. R. & Regs. 0080-06-23-.12 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule filed January 3, 1995; effective May 31, 1995. Repeal filed March 30, 2017; effective June 28, 2017.

Tenn. Comp. R. & Regs. 0080-06-23-.02 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule filed January 3, 1995; effective May 31, 1995. Repeal filed March 30, 2017; effective June 28, 2017.

Tenn. Comp. R. & Regs. 0080-06-23-.03 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule filed January 3, 1995; effective May 31, 1995. Repeal filed March 30, 2017; effective June 28, 2017.

Tenn. Comp. R. & Regs. 0080-06-23-.04 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule filed January 3, 1995; effective May 31, 1995. Repeal filed March 30, 2017; effective June 28, 2017.

Tenn. Comp. R. & Regs. 0080-06-23-.05 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule filed January 3, 1995; effective May 31, 1995. Repeal filed March 30, 2017; effective June 28, 2017.

Tenn. Comp. R. & Regs. 0080-06-23-.06 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule filed January 3, 1995; effective May 31, 1995. Repeal filed March 30, 2017; effective June 28, 2017.

Tenn. Comp. R. & Regs. 0080-06-23-.07 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule filed January 3, 1995; effective May 31, 1995. Repeal filed March 30, 2017; effective June 28, 2017.

Tenn. Comp. R. & Regs. 0080-06-23-.08 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule filed January 3, 1995; effective May 31, 1995. Repeal filed March 30, 2017; effective June 28, 2017.

Tenn. Comp. R. & Regs. 0080-06-23-.09 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule filed January 3, 1995; effective May 31, 1995. Repeal filed March 30, 2017; effective June 28, 2017.

Tenn. Comp. R. & Regs. 0080-06-23-.10 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule filed January 3, 1995; effective May 31, 1995. Repeal filed March 30, 2017; effective June 28, 2017.

Tenn. Comp. R. & Regs. 0080-06-23-.11 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
• Administrative History: Original rule filed January 3, 1995; effective May 31, 1995. Repeal filed March 30, 2017; effective June 28, 2017.

Chapter 0080-06-24 Pest Plant Regulations

Tenn. Comp. R. & Regs. 0080-06-24-.02 PEST PLANT LIST

(1) The following plants shall be considered pest plants, and shall not be propagated, sold, offered for sale, or released within the state, except as provided by Rule 0080-06-24-.03:

(a) Lythrum salicaria, Lythrum virgatum and related cultivars, Purple Loosestrife (b) Solanum viarum, Tropical Soda Apple (c) Ligustrum sinense, Chinese privet Retail: January 2010; Wholesale: January 2012 (d) Ligustrum vulgare, Common privet, European Privet Retail: January 2010; Wholesale: January 2012 (e) Imperata cylindrica, Cogongrass (f) Lonicera maackii, Shrub honeysuckle, Amur honeysuckle Retail: January 2010; Wholesale: January 2012 (g) Lonicera morrowii, Morrows bush honeysuckle, Morrow’s honeysuckle Retail: January 2010; Wholesale: January 2012 (h) Lonicera x bella, Bell's honeysuckle Retail: January 2010; Wholesale: January 2012 (i) Rosa multiflora, Multiflora rose Retail: January 2010; Wholesale: January 2012 (j) Elaeagnus umbellata, Autumn olive Retail: January 2010; Wholesale: January 2012 (k) Elaeagnus pungens, Thorny olive Retail: January 2012; Wholesale: January 2014 (l) Salvinia molesta, Giant Salvinia PEST PLANT REGULATIONS CHAPTER 0080-06-24-.02 (m) Commelina benghalensis, Tropical Spiderwort

History

• Authority: T.C.A, §§ 43-6-104 and 43-6-106(9).
• Administrative History: Original rule filed September 23, 1998; effective January 28, 1999. Amendment filed February 23, 2007; effective June 28, 2007. Repeal and new rule filed January 28, 2009; effective April 13, 2009.

Tenn. Comp. R. & Regs. 0080-06-24-.01 DEFINITIONS

Pest plants: Plant species, and parts thereof that might be used for propagation, which are injurious to the agricultural, horticultural, silvicultural, or other interests of the state.

History

• Authority: T.C.A.§43-6-104.
• Administrative History: Original rule filed February 20,1 996; effective June 28, 1996. Amendment filed February 23, 2007; effective June 28, 2007.

Tenn. Comp. R. & Regs. 0080-06-24-.03 PERMITS FOR GROWING, COLLECTING AND SELLING PEST PLANTS

Permits for propagating, collecting and selling designated pest plants may be granted by the commissioner under a compliance agreement for research and propagative purposes, as long as the plants are safeguarded from being sold, offered for sale, or released within Tennessee. Pest plants shall not be sold, offered for sale, or released within the state.

History

• Authority: T.C.A. §§ 43-06-104 and 43-06-106(9).
• Administrative History: Original rule filed January 28, 2009; effective April 13, 2009.

Chapter 0080-06-25 Repealed

Tenn. Comp. R. & Regs. 0080-06-25-.01 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 4-3-204, 43-6-104, 43-6-106 through 43-6-109, and 43-6-112.
• Administrative History: Original rule filed May 27, 1999; effective September 28, 1999. Repeal filed March 24, 2016; effective June 22, 2016.

Chapter 0080-06-26 Rules and Regulations Governing Quarantine of Sudden Oak Death (Phytophthora Ramorum)

Tenn. Comp. R. & Regs. 0080-06-26-.01 ESTABLISHMENT AND PURPOSE OF QUARANTINE

(1) The destructive pathogen known as Sudden Oak Death, ramorum blight/dieback, Phytophthora ramorum has been intercepted in Tennessee and found established in other states. This pest can be extremely injurious to Tennessee forests and certain kinds of nursery stock; therefore, it would be in the best interest of man, agriculture and silviculture in Tennessee that a quarantine be established against this pest.

(2) A quarantine against the above defined pest is hereby established to regulate the movement of certain articles capable of transporting the highly destructive pathogen known as Phytophthora ramorum, into uninfected or unregulated areas of the state by regulating the movement of those articles that pose a significant threat of spreading Phytophthora ramorum.

History

• Authority: T.C.A. § 43-6-104.
• Administrative History: Original rule filed November 9, 2005; effective March 30, 2006.

Tenn. Comp. R. & Regs. 0080-06-26-.02 DEFINITIONS

(1) Bark chips: Bark fragments broken or shredded from a log or tree.

(2) Commissioner: Means the Commissioner of Tennessee Department of Agriculture or the Commissioner’s duly authorized agents.

(3) Certificate: A document in which an inspector or person operating under a compliance agreement affirms that a specified regulated article meets the requirements of 0080-06-26- .06(1) of this subject and may be moved intrastate to any destination.

(4) Compliance agreement: A written agreement between the Tennessee Department of Agriculture and a person engaged in growing, processing, handling, or moving regulated articles, wherein the person agrees to comply with this subpart.

(5) Departmental permit: A document issued by the Commissioner in which he or she affirms that intrastate movement of the regulated article identified on the document is for scientific or experimental purposes and that the regulated article is eligible for intrastate movement in accordance with 0080-06-26-.05(1)(b) of this subpart.

(6) Duff: Decaying plant matter that includes leaf litter, green waste, stem material, bark, and any other plant material that, upon visual inspection, does not appear to have completely decomposed into soil.

(7) Firewood: Wood that has been cut, sawn, or chopped into a shape and size commonly used for fuel.

(8) Forest stock: All flowers, trees, shrubs, vines, scions, buds, fruit pits, or other seeds of fruit and ornamental trees or shrubs that are wild-grown, backyard-grown, or naturally occurring and do not meet the definition of nursery stock, and that are not located on a nursery premises.

(9) Inspector: Any employee of the Tennessee Department of Agriculture, Division of Regulatory Services, Plant Certification Section, and/or other person(s) authorized by the Commissioner to perform the duties required under this subpart.

(10) Intrastate: Movement within the State of Tennessee (11) Log: The bole of a tree; trimmed timber that has not been sawn further than to form cants.

(12) Lumber: Logs that have been sawn into boards, planks, or structural members such as beams.

(13) Moved (move, movement): Shipped, offered for shipment, received for transportation, transported, carried, or allowed to be moved, shipped, transported or carried.

(14) Mulch: Bark chips, wood chips, wood shavings, or sawdust, or a mixture thereof that could be used as a protective or decorative ground cover.

(15) Nursery stock: All greenhouse or field-grown florist’s stock, trees, shrubs, vines, cuttings, grafts, scions, buds, fruit pits, and other seeds of fruit and ornamental trees or shrubs, and other plants and plant products for propagation, except field, vegetable, and flower seeds, bedding plants, and other herbaceous plants, bulbs, and roots.

(16) Person: Any association, company, corporation, firm, individual, joint stock company, partnership, society, or other entity.

(17) Quarantined area: Any county, or any portion of a county in Tennessee, listed in 0080-06-26- .04 (3) of this subpart or otherwise designated as a quarantined area in accordance with

Tenn. Comp. R. & Regs. 0080-06-26-.03 REGULATED AND RESTRICTED ARTICLES

(1) The following are regulated articles, and may be moved intrastate from a quarantined area only if accompanied by a certificate issued in accordance with the regulations in this subpart:

(a) Nursery stock (except acorns and seeds), unprocessed wood and wood products, and plant products, including firewood, logs, lumber, wreaths, garlands, and greenery of Alleghany = Willowood Viburnum (Viburnum x rhytidophylloides), Andrew’s Clintonia Bead Lily (Clintonia andrewsiana), Arrowwood or Bodant Viburnum (Viburnum x bodnantense), Bay Laurel (Laurus nobilis), Bigleaf Maple (Acer macrophyllum), Burkwood Viburnum (Viburnum x burkwoodii), California Bay Laurel = Pepperwood = Oregon Myrtle (Umbellularia californica), California Black Oak (Quercus kelloggii), California Buckeye (Aesculus californica), California Coffeeberry (Rhamnus californica), California Hazelnut (Corylus cornuta), California Honeysuckle (Lonicera hispidula), California maidenhair fern (Adiantum jordanii), California wood fern (Dryopteris arguta), Camellia – all species, hybrids and cultivars (Camellia spp.), Canyon live oak (Quercus chrysolepis), Cascara (Rhamnus purshiana), Chinese Pieris (Pieris Formosa var. forrestii), Chinese witch-hazel (Hamamelis mollis), Coast Live Oak (Quercus agrifolia), Coast Redwood (Sequoia sempervirens), David Viburnum (Viburnum davidii), Doublefile Viburnum (Viburnum plicatum var. tomentosum), Douglas-fir (Pseudotsuga menziesii var. menziesii), Drooping leucothoe (Leucothoe fontanesiana), European Ash (Fraxinus excelsior), European beech (Fagus sylvatica), European cranberrybush Viburnum (Viburnum opulus), European Ewe (Taxus baccata), European Turkey Oak (Quercus cerris), False Solomon’s Seal (Maianthemum racemosa = Smilacina racemosum), Formosa Firethorn (Pyracantha koidzumii), Fragrant Viburnum (Viburnum farreri= V. fragans), Goat willow (Salix caprea), Grand Fir (Abies grandis), Griselinia (Griselinia littoralis), Himalaya Pieris (Pieris formosa), Holm Oak (Quercus ilex), Horse Chestnut (Aesculus hippocastanum), huckleberry (Vaccinium ovatum), Irontree (Parrotia persica), Japanese Pieris (Pieris japonica), Laurustinus (Viburnum tinus), Lilac (Syringa vulgaris), Loebner Magnolia (Magnolia x loebneri), Madrone (Arbutus menziesii), Manzanita (Arctostaphylos manzanita), Mountain laurel (Kalmia latifolia), Northern Red Oak (Quercus rubra), Pacific Yew (Taxus brevifolia), Pieris (Pieris formoso var. forrestii x Pieris japonica), Pieris “Brouwer’s Beauty”(Pieris floribunda x japonica), Pieris “Forest Flame” (Pieris Formosa x japonica), Planetree Maple (Acer pseudoplatanus), Poison Oak (Toxicodendron diversilobum), Prague Viburnum (Viburnum x pragense), Red Tip Photinia (Photinia fraseri), Rhododendron (Rhododendron species, including azalea), Robel Beech (Nothofagus obliqua), Salmonberry (Rubus spectabilis), Saucer Magnolia (Magnolia x soulangeana), Scotch Heather (Calluna vulgaris), Shreve’s oak (Quercus parvula var. shrevei), Southern Red Oak (Quercus falcata), Spicebush (Calycanthus occidentalis), Star Magnolia, (Magnolia stellata), Strawberry tree (Arbutus unedo), Sweet Chestnut (Castanea sativa), Tanoak (Lithocarpus densiflorus), Toyon (Heteromeles arbutifolia), Viburnum (Viburnum x carlcephalum x V. utile), Victorian box (Pittosporum undulatum), Wayfaringtree Viburnum (Viburnum lantana), Western starflower (Trientalis latifolia), Winter’s bark (Drimys winteri), Witch Hazel (Hamamelis virginiana), Wood Rose (Rosa gymnocarpa), Yew (Taxus media).

(b) Soil.

(c) Any other product or article that an inspector determines to present a risk of spreading Phytophthora ramorum, if an inspector notifies the person in possession of the product or article that it is subject to the restrictions in the regulations.

(2) The following are restricted articles, and may only be moved intrastate from a quarantined area by permit from the Tennessee Department of Agriculture for experimental or scientific purposes, and only in accordance with the regulations in 0080-06-26-.05 (1)(b) of this

subpart:

(a) Bark chips, forest stock, or mulch of Alleghany = Willowood Viburnum (Viburnum x rhytidophylloides), Andrew’s Clintonia Bead Lily (Clintonia andrewsiana), Arrowwood or Bodant Viburnum (Viburnum x bodnantense), Bay Laurel (Laurus nobilis), Bigleaf Maple (Acer macrophyllum), Burkwood Viburnum (Viburnum x burkwoodii), California Bay Laurel = Pepperwood = Oregon Myrtle (Umbellularia californica), California Black Oak (Quercus kelloggii), California Buckeye (Aesculus californica), California Coffeeberry (Rhamnus californica), California Hazelnut ( Corylus cornuta), California Honeysuckle (Lonicera hispidula), California maidenhair fern (Adiantum jordanii) California wood fern (Dryopteris arguta), Camellia – all species, hybrids and cultivars (Camellia spp.), Canyon live oak (Quercus chrysolepis), Cascara (Rhamnus purshiana), Chinese Pieris (Pieris Formosa var. forrestii), Chinese witch-hazel (Hamamelis mollis), Coast Live Oak (Quercus agrifolia), Coast Redwood (Sequoia sempervirens), David Viburnum (Viburnum davidii), Doublefile Viburnum (Viburnum plicatum var. tomentosum), Douglas-fir (Pseudotsuga menziesii var. menziesii), Drooping leucothoe (Leucothoe fontanesiana), European Ash (Fraxinus excelsior), European beech (Fagus sylvatica), European cranberrybush Viburnum (Viburnum opulus), European Ewe (Taxus baccata), European Turkey Oak (Quercus cerris), False Solomon’s Seal (Maianthemum racemosa = Smilacina racemosum), Formosa Firethorn (Pyracantha koidzumii), Fragrant Viburnum (Viburnum farreri= V. fragans), Goat willow (Salix caprea), Griselinia (Griselinia littoralis), Grand Fir (Abies grandis), Himalaya Pieris (Pieris formosa), Holm Oak (Quercus ilex), Horse Chestnut (Aesculus hippocastanum), huckleberry (Vaccinium ovatum), Irontree (Parrotia persica), Japanese Pieris (Pieris japonica), Laurustinus (Viburnum tinus), Lilac (Syringa vulgaris), Loebner Magnolia (Magnolia x loebneri) Madrone (Arbutus menziesii), Manzanita (Arctostaphylos manzanita), Mountain laurel (Kalmia latifolia), Northern Red Oak (Quercus rubra), Pacific Yew (Taxus brevifolia), Pieris (Pieris formoso var. forrestii x Pieris japonica), Pieris “Brouwer’s Beauty”(Pieris floribunda x japonica), Pieris “Forest Flame” (Pieris Formosa x japonica), Planetree maple (Acer pseudoplatanus), Poison Oak (Toxicodendron diversilobum), Prague Viburnum (Viburnum x pragense), Red Tip Photinia (Photinia fraseri), Rhododendron (Rhododendron species, including azalea), Robel Beech (Nothofagus obliqua), Salmonberry (Rubus spectabilis), Saucer Magnolia (Magnolia x soulangeana), Scotch Heather (Calluna vulgaris), Shreve’s oak (Quercus parvula var. shrevei), Southern Red Oak (Quercus falcata), Spicebush (Calycanthus occidentalis) Star Magnolia (Magnolia stellata), Strawberry tree (Arbutus unedo), Sweet Chestnut (Castanea sativa), Tanoak (Lithocarpus densiflorus), Toyon (Heteromeles arbutifolia), Viburnum (Viburnum x carlcephalum x V. utile), Victorian box (Pittosporum undulatum), Wayfaringtree Viburnum (Viburnum lantana), Western starflower (Trientalis latifolia), Winter’s bark (Drimys winteri), Witch Hazel (Hamamelis virginiana), Wood Rose (Rosa gymnocarpa), Yew (Taxus media).

(b) Any other product or article that an inspector determines to present a risk of spreading Phytophthora ramorum, if an inspector notifies the person in possession of the product or article that it is a restricted article.

History

• Authority: T.C.A. §§ 43-6-104 and 43-6-106.
• Administrative History: Original rule filed November 9, 2005; effective March 30, 2006.

Tenn. Comp. R. & Regs. 0080-06-26-.04 QUARANTINED AREAS

(1) Except as otherwise provided in paragraph (2) of this section, the Commissioner will list as a quarantined area in paragraph (3) of this section each County, or each portion of a County, in which Phytophthora ramorum has been found by an inspector, in which the Commissioner has reason to believe that Phytophthora ramorum is present, or that the Commissioner considers necessary to quarantine because of its inseparability for quarantine enforcement purposes from localities in which Phytophthora ramorum has been found. Less than an entire county will be designated as a quarantined area if the Commissioner determines that the designation of less than the entire county as a quarantined area will prevent the intrastate spread of Phytophthora ramorum.

(2) The Commissioner may temporarily designate any non-quarantined area in the State as a quarantined area in accordance with paragraph (1) of this section. The Commissioner will give a copy of this regulation along with a written notice for the temporary designation to the owner or person in possession of regulated/restricted items that are within the temporary designated quarantined area. Thereafter, the intrastate movement of any regulated/restricted

article from an area temporarily designated as a quarantined area will be subject to this

subpart. As soon as practicable, this area will be added to the list in paragraph (3) of this

section or the Commissioner will terminate the designation. The owner or person in possession of regulated/restricted articles for which designation is terminated will be given notice of the termination as soon as practicable.

(3) The following areas are designated as quarantined areas: Currently, there are no quarantined areas in Tennessee.

History

• Authority: T.C.A. §§ 43-6-104 and 43-6-106.
• Administrative History: Original rule filed November 9, 2005; effective March 30, 2006.

Tenn. Comp. R. & Regs. 0080-06-26-.05 CONDITIONS GOVERNING THE INTRASTATE MOVEMENT OF REGULATED AND

RESTRICTED ARTICLES FROM QUARANTINED AREAS.

Regulated articles and restricted articles may be moved intrastate from a quarantined area only if moved in accordance with this section. Requirements under all other applicable State and Federal domestic plant quarantines and regulations must also be met.

(1) With a certificate or departmental permit.

(a) Any regulated articles may be moved intrastate from a quarantined area if accompanied by a certificate issued and attached in accordance with 0080-06-26-.06 and 0080-06- 26-.09 of this subpart, and provided that the regulated article is moved through the quarantined area without stopping except for refueling, rest stops, emergency repairs, and for traffic conditions, such as traffic lights or stop signs.

(b) Any restricted article may be moved intrastate from a quarantined area for experimental or scientific purposes only if the article is moved:

1. Pursuant to a departmental permit issued by the Commissioner for the article; and 2. Under conditions specified on the departmental permit and found by the Commissioner to be adequate to prevent the spread of Phytophthora ramorum; and 3. With a tag or label bearing the number of the departmental permit issued for the

article attached to the outside of the container holding the article, or attached to the article itself if not in a container.

(2) Without a certificate or departmental permit.

(a) The regulated or restricted article originated outside the quarantined area and the point of origin of the article is indicated on the waybill of the vehicle transporting the article; and (b) The regulated or restricted article is moved from outside the quarantined area through the quarantined area without stopping except for refueling or for traffic conditions, such as traffic lights or stop signs, and the article is not unpacked or unloaded in the quarantined area.

History

• Authority: T.C.A. § 43-6-106.
• Administrative History: Original rule filed November 9, 2005; effective March 30, 2006.

Tenn. Comp. R. & Regs. 0080-06-26-.12 PENALTY

Any person, firm, or corporation who shall violate any of the provisions of this quarantine shall be deemed guilty of a misdemeanor as provided in T.C.A. Section 43-6-112 of the Plant Pest Act, and shall be liable to the penalties as prescribed therein as well as applicable civil penalties.

History

• Authority: T.C.A. § 43-6-112.
• Administrative History: Original rule filed November 9, 2005; effective March 30, 2006. Amendment filed March 24, 2016; effective June 22, 2016.

Tenn. Comp. R. & Regs. 0080-06-26-.06 ISSUANCE AND CANCELLATION OF CERTIFICATES

(1) An inspector may issue a certificate for the intrastate movement of regulated articles if an inspector determines that:

(a) The regulated articles have been treated under the direction of an inspector in accordance with 0080-06-26-.10 of this subpart; or (b) The regulated articles are wood products such as firewood, logs, or lumber that are free of bark; or (c) The regulated article is soil that has not been in direct physical contact with any article infected with Phytophthora ramorum, and from which all duff has been removed.

(d) The regulated articles are articles of nursery stock that:

1. Are shipped from a nursery or premises in a quarantined area that is inspected annually in accordance with the inspection and sampling protocol described in

Tenn. Comp. R. & Regs. 0080-06-26-.11 INSPECTION AND SAMPLING PROTOCOL

(1) Annual nursery inspection and sampling. To meet the requirements of 0080-06-26.06 (1)(d) of this subpart, nurseries that ship regulated articles of nursery stock intrastate must be inspected for symptoms of Phytophthora ramorum annually in accordance with this section.

(a) If the nursery contains 100 or fewer regulated articles, an inspector will inspect each regulated article. If the nursery contains more than 100 regulated articles, an inspector will inspect 100 regulated articles and at least 2 percent of the number of regulated articles contained in the nursery that exceeds 100. The regulated articles to be inspected will be randomly selected from throughout the nursery.

(b) If symptomatic plants are found upon inspection, the inspector must collect at least one sample per symptomatic plant.

(c) If fewer than 40 symptomatic plants are found in a nursery during an annual inspection, the inspector must collect samples from non symptomatic regulated articles of nursery stock so that the total number of sampled plants is at least 40.

(d) Samples must be labeled and sent for testing to a laboratory approved by APHIS.

(e) If any regulated articles within a nursery are found to be infected with Phytophthora ramorum, the nursery will be prohibited from moving regulated articles intrastate until such time as an inspector can determine that the nursery is free of Phytophthora ramorum.

(2) Inspection and sampling of individual shipments. To meet the requirements of 0080-06-26- .06 (1)(d) of this subpart, each shipment of regulated articles of nursery stock intended for intrastate movement must be inspected for symptoms of Phytophthora ramorum in accordance with this section.

(a) If a shipment contains 100 or fewer regulated articles, an inspector will inspect each regulated article. If a shipment contains more than 100 regulated articles, an inspector will inspect 100 regulated articles and at least 2 percent of the number of regulated articles contained in the shipment that exceeds 100. The regulated articles to be inspected will be randomly selected.

(b) If symptomatic plants are found upon inspection, the inspector will collect at least one sample per symptomatic plant, and one sample per regulated article of nursery stock that is in close proximity to or that has had physical contact with a symptomatic plant.

(c) Samples will be labeled and sent for testing to a laboratory approved by APHIS, and must be found free of Phytophthora ramorum prior to the intrastate movement of any regulated articles contained in the shipment.

(d) If any plants intended for intrastate movement are found to be infected with Phytophthora ramorum, the nursery from which they originate will be prohibited from moving regulated articles intrastate until such as time as an inspector can determine that the nursery is free of Phytophthora ramorum.

History

• Authority: T.C.A. §§ 43-6-107 and 43-6-110.
• Administrative History: Original rule filed November 9, 2005; effective March 30, 2006.

Tenn. Comp. R. & Regs. 0080-06-26-.07 COMPLIANCE AGREEMENTS AND CANCELLATION

(1) Any person engaged in growing, processing, handling, or moving regulated articles other than nursery stock may enter into a compliance agreement when an inspector determines that the person understands this subpart, agrees to comply with its provisions, and agrees to comply with all the provisions contained in the compliance agreement.

(2) Any person engaged in growing, processing, handling, or moving regulated articles of nursery stock may enter into a compliance agreement when 0080-06-26-.06 (1)(d) requirements are met and a inspector determines that the person understands this subpart, agrees to comply with its provisions, and agrees to comply with all the provisions contained in the compliance agreement.

(3) Any compliance agreement may be canceled, either orally or in writing, by an inspector whenever the inspector finds that the person who has entered into the compliance agreement has failed to comply with this subpart. If the cancellation is oral, the cancellation and the reasons for the cancellation will be confirmed in writing within 3 days. Any person whose compliance agreement has been canceled may appeal the decision, in writing, within 10 days after receiving written notification of the cancellation. The appeal must state all of the facts and reasons upon which the person relies to show that the compliance agreement was wrongfully canceled. The Commissioner, or his designee, will hold a hearing within 30 days to resolve any conflict as to any material fact. The Commissioner or his designee, will grant or deny the appeal, in writing, stating the reasons for the decision, within 15 days of the date of the hearing.

History

• Authority: T.C.A. §§ 43-6-104, 43-6-106, and 43-6-110.
• Administrative History: Original rule filed November 9, 2005; effective March 30, 2006.

Tenn. Comp. R. & Regs. 0080-06-26-.08 ASSEMBLY AND INSPECTION OF REGULATED ARTICLES

(1) Any person (other than a person authorized to issue certificates under 0080-06-26-.06(2) of this subpart) who desires to move a regulated article intrastate accompanied by a certificate must notify an inspector as far in advance of the desired intrastate movement as possible, but no less than 14 days before the desired intrastate movement.

(2) The regulated article must be assembled at the place and in the manner the inspector designates as necessary to comply with this subpart.

History

• Authority: T.C.A. §§ 43-6-104 and 43-6-106.
• Administrative History: Original rule filed November 9, 2005; effective March 30, 2006.

Tenn. Comp. R. & Regs. 0080-06-26-.09 ATTACHMENT AND DISPOSITION OF CERTIFICATES

(1) A certificate required for the intrastate movement of a regulated article must, at all times during the intrastate movement, be:

(a) Attached to the outside of the container containing the regulated article; or (b) Attached to the regulated article itself if not in a container; or (c) Attached to the consignee’s copy of the accompanying waybill. If the certificate is attached to the consignee’s copy of the waybill, the regulated article must be sufficiently described on the certificate and on the waybill to identify the regulated article.

(2) The certificate for the intrastate movement of a regulated article must be relinquished by the carrier to the consignee listed on the certificate upon arrival at the location provided on the certificate.

History

• Authority: T.C.A. §§ 43-6-104 and 43-6-106.
• Administrative History: Original rule filed November 9, 2005; effective March 30, 2006.

Tenn. Comp. R. & Regs. 0080-06-26-.10 TREATMENTS

The following methods may be used to treat the regulated articles listed for Phytophthora ramorum:

(1) Soil must be heated to a temperature of at least 180° F for 30 minutes in the presence of an inspector.

(2) Wreaths, garlands, and greenery of Alleghany = Willowood Viburnum (Viburnum x rhytidophylloides), Andrew’s Clintonia Bead Lily (Clintonia andrewsiana), Arrowwood or Bodant Viburnum (Viburnum x bodnantense), Bay Laurel (Laurus nobilis), Bigleaf Maple (Acer macrophyllum), Burkwood Viburnum (Viburnum x burkwoodii), California Bay Laurel = Pepperwood = Oregon Myrtle (Umbellularia californica), Californina Black Oak (Quercus kelloggii), California Buckeye (Aesculus californica), California Coffeeberry (Rhamnus californica), California Hazelnut (Corylus cornuta), California Honeysuckle (Lonicera hispidula), California maidenhair fern (Adiantum jordanii), California wood fern (Dryopteris arguta), Camellia – all species, hybrids and cultivars (Camellia spp.), Canyon live oak (Quercus chrysolepis), Cascara (Rhamnus purshiana), Chinese Pieris (Pieris Formosa var. forrestii), Chinese witch-hazel (Hamamelis mollis), Coast Live Oak (Quercus agrifolia), Coast Redwood (Sequoia sempervirens), David Viburnum (Viburnum davidii), Doublefile Viburnum (Viburnum plicatum var. tomentosum), Douglas-fir (Pseudotsuga menziesii var. menziesii), Drooping leucothoe (Leucothoe fontanesiana), European Ash (Fraxinus excelsior), European beech (Fagus sylvatica), European cranberrybush Viburnum (Viburnum opulus), European Ewe (Taxus baccata), European Turkey Oak (Quercus cerris), False Solomon’s Seal (Maianthemum racemosa = Smilacina racemosum), Formosa Firethorn (Pyracantha koidzumii), Fragrant Viburnum (Viburnum farreri= V. fragans), Goat willow (Salix caprea), Grand Fir (Abies grandis), Giselinia (Griselinia littoralis), Himalaya Pieris (Pieris formosa), Holm Oak (Quercus ilex), Horse Chestnut (Aesculus hippocastanum), huckleberry (Vaccinium ovatum), Irontree (Parrotia persica), Japanese Pieris (Pieris japonica), Laurustinus (Viburnum tinus), Lilac (Syringa vulgaris), Loebner Magnolia (Magnolia x loebneri) Madrone (Arbutus menziesii), Manzanita (Arctostaphylos manzanita), Mountain laurel (Kalmia latifolia), Northern Red Oak (Quercus rubra), Pacific Yew (Taxus brevifolia), Pieris (Pieris formoso var. forrestii x Pieris japonica), Pieris “Brouwer’s Beauty”(Pieris floribunda x japonica), Pieris “Forest Flame” (Pieris Formosa x japonica), Planetree Maple (Acer pseudoplatanus), Poison Oak (Toxicodendron diversilobum), Prague Viburnum (Viburnum x pragense), Red Tip Photinia (Photinia fraseri), Rhododendron (Rhododendron species, including azalea), Robel Beech (Nothofagus obliqua), Salmonberry (Rubus spectabilis), Saucer Magnolia (Magnolia x soulangeana), Scotch Heather (Calluna vulgaris), Shreve’s oak (Quercus parvula var. shrevei), Spicebush (Calycanthus occidentalis), Southern Red Oak (Quercus falcata), Star Magnolia (Magnolia stellata), Strawberry tree (Arbutus unedo), Sweet Chestnut (Castanea sativa), Tanoak (Lithocarpus densiflorus), Toyon (Heteromeles arbutifolia), Viburnum (Viburnum x carlcephalum x V. utile), Victorian box (Pittosporum undulatum), Wayfaringtree Viburnum (Viburnum lantana), Western starflower (Trientalis latifolia), Winter’s bark (Drimys winteri), Witch Hazel (Hamamelis virginiana), Wood Rose (Rosa gymnocarpa), Yew (Taxus media) and must be dipped for 1 hour in water that is held at a temperature of at least 160 ° F.

History

• Authority: T.C.A. §§ 43-6-104 and 43-6-106.
• Administrative History: Original rule filed November 9, 2005; effective March 30, 2006.

Chapter 0080-06-27 Repealed

Tenn. Comp. R. & Regs. 0080-06-27-.01 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-8-106 and 62-21-118.
• Administrative History: Original rule filed March 31, 2014; effective June 29, 2014. Repeal filed April 1, 2016; effective June 30, 2016.

Tenn. Comp. R. & Regs. 0080-06-27-.02 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-8-106 and 62-21-118.
• Administrative History: Original rule filed March 31, 2014; effective June 29, 2014. Repeal filed April 1, 2016; effective June 30, 2016.

Tenn. Comp. R. & Regs. 0080-06-27-.03 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-8-106 and 62-21-118.
• Administrative History: Original rule filed March 31, 2014; effective June 29, 2014. Repeal filed April 1, 2016; effective June 30, 2016.

Tenn. Comp. R. & Regs. 0080-06-27-.04 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-8-106 and 62-21-118.
• Administrative History: Original rule filed March 31, 2014; effective June 29, 2014. Repeal filed April 1, 2016; effective June 30, 2016.

Chapter 0080-06-28 Repealed

Tenn. Comp. R. & Regs. 0080-06-28-.01 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-26-103, 43-26-103(e), and 43-27-104.
• Administrative History: Original rule filed January 15, 2015; effective April 15, 2015. Amendments filed July 31, 2018; effective October 29, 2018. Emergency rules filed June 3, 2019; effective through November 30, 2019. Emergency rules expired effective December 1, 2019, and the rules reverted to their previous statuses. Repeal and new rule filed June 25, 2021; effective September 23, 2021. Repeal filed September 27, 2024; effective December 26, 2024.

Tenn. Comp. R. & Regs. 0080-06-28-.09 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 43-26-103.
• Administrative History: Original rules filed July 31, 2018; effective October 29, 2018. Emergency rules filed June 3, 2019; effective through November 30, 2019. Emergency rules expired effective December 1, 2019, and the rules reverted to their previous statuses. Repeal filed June 25, 2021; effective September 23, 2021.

Tenn. Comp. R. & Regs. 0080-06-28-.02 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-26-103, 43-26-103(e), and 43-27-104.
• Administrative History: Original rule filed January 15, 2015; effective April 15, 2015. Emergency rule filed May 18, 2018; effective through June 2, 2018. Emergency rule expired effective June 3, 2018, and the rule reverted to its previous status. Amendments filed July 31, 2018; effective October 29, 2018. Emergency rules filed June 3, 2019; effective through November 30, 2019. Emergency rules expired effective December 1, 2019, and the rules reverted to their previous statuses. Repeal and new rule filed June 25, 2021; effective September 23, 2021. Repeal filed September 27, 2024; effective December 26, 2024.

Tenn. Comp. R. & Regs. 0080-06-28-.03 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-26-103, 43-26-103(e), and 43-27-104.
• Administrative History: Original rule filed January 15, 2015; effective April 15, 2015. Amendments filed July 31, 2018; effective October 29, 2018. Emergency rules filed June 3, 2019; effective through November 30, 2019. Emergency rules expired effective December 1, 2019, and the rules reverted to their previous statuses. Repeal and new rule filed June 25, 2021; effective September 23, 2021. Repeal filed September 27, 2024; effective December 26, 2024.

Tenn. Comp. R. & Regs. 0080-06-28-.04 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-26-103, 43-26-103(e), and 43-27-104.
• Administrative History: Original rule filed January 15, 2015; effective April 15, 2015. Amendments filed July 31, 2018; effective October 29, 2018. Emergency rules filed June 3, 2019; effective through November 30, 2019. Emergency rules expired effective December 1, 2019, and the rules reverted to their previous statuses. Repeal and new rule filed June 25, 2021; effective September 23, 2021. Repeal filed September 27, 2024; effective December 26, 2024.

Tenn. Comp. R. & Regs. 0080-06-28-.05 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-26-103, 43-26-103(e), and 43-27-104.
• Administrative History: Original rule filed January 15, 2015; effective April 15, 2015. Amendments filed July 31, 2018; effective October 29, 2018. Emergency rules filed June 3, 2019; effective through November 30, 2019. Emergency rules expired effective December 1, 2019, and the rules reverted to their previous statuses. Repeal and new rule filed June 25, 2021; effective September 23, 2021. Repeal filed September 27, 2024; effective December 26, 2024.

Tenn. Comp. R. & Regs. 0080-06-28-.06 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-26-103, and 43-27-104.
• Administrative History: Original rules filed July 31, 2018; effective October 29, 2018. Emergency rules filed June 3, 2019; effective through November 30, 2019. Emergency rules expired effective December 1, 2019, and the rules reverted to their previous statuses. Repeal and new rule filed June 25, 2021; effective September 23, 2021. Repeal filed September 27, 2024; effective December 26, 2024.

Tenn. Comp. R. & Regs. 0080-06-28-.07 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-26-103, and 43-27-104.
• Administrative History: Original rules filed July 31, 2018; effective October 29, 2018. Emergency rules filed June 3, 2019; effective through November 30, 2019. Emergency rules expired effective December 1, 2019, and the rules reverted to their previous statuses. Repeal and new rule filed June 25, 2021; effective September 23, 2021. Repeal filed September 27, 2024; effective December 26, 2024.

Tenn. Comp. R. & Regs. 0080-06-28-.08 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 43-26-103.
• Administrative History: Original rules filed July 31, 2018; effective October 29, 2018. Emergency rules filed June 3, 2019; effective through November 30, 2019. Emergency rules expired effective December 1, 2019, and the rules reverted to their previous statuses. Repeal filed June 25, 2021; effective September 23, 2021.

Chapter 0080-07-01 Protection of State Forests

Tenn. Comp. R. & Regs. 0080-07-01-.01 APPLICABILITY AND SCOPE

Tennessee State Forests belong to the people of the State of Tennessee and are for the use of the public.

All visitors are welcome. To prevent the abuse and misuse of the privileges, natural resources and facilities provided, the following rules and regulations governing public use are adopted.

History

• Authority: T.C.A. §§ 4-3-201, et seq.; 11-1-101, et seq.; 11-4-101, et seq.; and Executive Order No. 41 (February 4, 1991).
• Administrative History: Original rule filed December 6, 2000; effective April 30, 2001.

Tenn. Comp. R. & Regs. 0080-07-01-.02 DEFINITIONS

(1) “Commissioner” means the commissioner of agriculture;

(2) “Department” means the department of agriculture;

(3) “District Forester” means the official in charge of a Forestry District or their representative;

(4) “Division” means the division of forestry within the department;

(5) “Multiple use” means the management and use of forests such that a variety or mix of natural resource benefits are derived from that land. "Multiple use" includes, but is not limited to, a combination of timber production, demonstration, watershed protection, wildlife management, recreation, and aesthetics;

(6) “Natural Resource” includes but is not limited to: fruit, timber, grass, rocks, roots, flowers, leaves, minerals, water, artifacts, and soil;

(7) “State Forester” means the director of the division of forestry or his representative;

(8) “State forests,” means those lands owned by the state and/or administered under the jurisdiction of the division.

History

• Authority: T.C.A. §§ 4-3-201, et seq.; 11-1-101, et seq.; 11-4-101, et seq.; and Executive Order No. 41 (February 4, 1991).
• Administrative History: Original rule filed December 6, 2000; effective April 30, 2001.

Tenn. Comp. R. & Regs. 0080-07-01-.03 NATURAL RESOURCES

(1) The cutting, removal, gathering, planting, destruction or damaging of any natural resource is prohibited in any state forest without the written authorization of the district forester or under the district forester's supervision.

(2) The collection of plants, rocks, minerals, animal life, botanical specimens or other natural objects in state forests is prohibited; provided however, persons officially representing a reputable scientific or educational institution(s), federal or state agencies may be permitted for such collecting by the district forester. Other state and/or federal permits and approvals may also be required as provided by law, rule or regulation.

(3) The hunting, fishing, killing, taking or attempted taking of any species of wildlife in state forests is allowed only as provided by law, rule, or proclamation by the Tennessee Wildlife Resources Commission.

(4) The district forester can restrict hunting, fishing, and the killing, taking or attempted taking of any species of wildlife in a state forest if the district forester determines that conditions in an area normally open to the public are such that they endanger resources or the public. The district forester’s authority includes the right to limit the times and locations available for hunting and fishing. If the state forest is a designated or partially designated Wildlife Management Area, the district forester shall consult with the appropriate Tennessee Wildlife Resources Agency Region Manager prior to restricting hunting, fishing, killing, taking and/or attempted taking of any species of wildlife.

History

• Authority: T.C.A. §§ 4-3-201, et seq.; 11-1-101, et seq.; 11-4-101, et seq.; and Executive Order No. 41 (February 4, 1991).
• Administrative History: Original rule filed December 6, 2000; effective April 30, 2001. Repeal and new rule filed August 17, 2007; effective December 28, 2007.

Tenn. Comp. R. & Regs. 0080-07-01-.04 CAMPING

(1) The district forester can restrict camping in any state forest, including the locations and the times camping is allowed. The district forester shall impose emergency restrictions whenever in the opinion of the district forester, conditions in an area normally open to the public are such as to endanger natural resources or the public.

(2) Camping and the use of trailers or other camper units are allowed only at designated locations. The district forester will issue written permits to persons to camp in backcountry or other isolated sections of a forest area. The district forester can designate portions of a forest area in which such permits will not be required by posting appropriate signs or marking on a map, which shall be available for public inspection in the District Office.

(3) Quiet will be maintained in all campgrounds between the hours of 10:00 p.m. and 6:00 a.m.

(4) Unless it is prohibited by the district forester by the posting of appropriate signs, the gathering of wood for use as fuel in campgrounds or picnic areas is limited to dead material on the ground.

(5) Campers must remove all camping equipment, clean camping sites and return them to their natural condition before leaving.

History

• Authority: T.C.A. §§ 4-3-201, et seq.; 11-1-101, et seq.; 11-4-101, et seq.; and Executive Order No. 41 (February 4, 1991).
• Administrative History: Original rule filed December 6, 2000; effective April 30, 2001. Repeal and new rule filed August 17, 2007; effective December 28, 2007.

Tenn. Comp. R. & Regs. 0080-07-01-.05 CLOSING ROADS, TRAILS, AND OTHER AREAS

(1) The district forester shall establish a reasonable schedule of visiting hours for all portions of a state forest area.

(2) The district forester shall temporarily close or restrict the public use of roads, trails and any or all portion of a state forest when necessary for the protection of the area or the safety and welfare of visitors or property. Temporary closures extending beyond one hundred twenty (120) days require the approval of the State Forester.

(3) All persons shall abide by the officially posted signs designating closed areas and visiting hours.

(4) Tampering with posted signs or barricades, traveling on closed or restricted use roads, driving around or through signs or barricades marking closed or restricted areas, is a Class A misdemeanor, punishable as provided by general law.

(5) Unauthorized persons are prohibited from being in the wildlife management area portions of Chuck Swan and Prentice Cooper State Forests during deer and turkey managed hunts.

Authorized persons include: Department of Agriculture and Tennessee Wildlife Resources Agency employees, any law enforcement officer engaged in official duties, or other persons or organizations as permitted by the district forester.

History

• Authority: T.C.A. §§ 4-3-201, et seq.; 11-1-101, et seq.; 11-4-101, et seq.; 39-17-108; and Executive Order No. 41 (February 4, 1991).
• Administrative History: Original rule filed December 6, 2000; effective April 30, 2001. Repeal and new rule filed August 17, 2007; effective December 28, 2007.

Tenn. Comp. R. & Regs. 0080-07-01-.06 TRANSPORTATION: SADDLE AND PACK ANIMALS AND OFF-ROAD VEHICLES

(1) The district forester shall designate areas for use by certain types of transportation.

Unauthorized off road travel by any means of transportation is prohibited.

(2) Riders of saddle and pack animals are:

(a) Allowed only on those trails or routes designated for their use, unless the district forester has issued a permit authorizing cross-county travel.

(b) Not allowed on paved or main-traveled roadways except where necessary for ingress to and egress from trails or privately owned property.

(c) Required to have, in their possession, evidence of a negative test for Equine Infectious Anemia.

(3) Riders of motorcycles, trail bikes, all-terrain vehicles, bicycles and other off-road vehicles:

(a) Only allowed to use the unpaved roadways and not the public roadways maintained by the Forestry Division designated for their use.

(b) Must have properly functioning spark arresters.

(c) Must have properly functioning mufflers. No person shall operate a motorized vehicle on any roadway unless such motorized vehicle is equipped with a muffler in good working order and in constant operation to prevent excessive or unusual noise.

(d) Must use the unpaved roadways and not the public roadways in accordance to speed limits or other notices that may be posted.

(4) The district forester shall designate certain roadways and areas for the use by motorcycles, trail bikes, all-terrain vehicles, bicycles and other off-road vehicles provided:

(a) These areas are posted for such use and may be used only during daylight hours.

(b) The use of unlicensed motorcycles, trail bikes, all-terrain vehicles, bicycles and other off-road vehicles in any area of a state forest is strictly prohibited, except on roadways or trails maintained by the Forestry Division designated and/or posted for specified use(s). The prohibition does not apply to state employees, agents or contactors engaged in official duties or as allowed by the district forester or any permitted use by the district forester for handicapped persons.

(5) Motorized vehicle races, motorized vehicle racing or timed motorized vehicle competitions are prohibited in state forests.

(6) The operation or riding of any form of transportation in a state forest in a reckless or otherwise unsafe manner is prohibited. Reckless means operating or riding of any form of transportation in a manner to endanger life, limb or safety of others or the property of the state or others.

History

• Authority: T.C.A. §§ 4-3-201, et seq.; 11-1-101, et seq.; 11-4-101, et seq.; 44-2-1302; 55-9-302; and Executive Order No. 41 (February 4, 1991).
• Administrative History: Original rule filed December 6, 2000; effective April 30, 2001. Repeal and new rule filed August 17, 2007; effective December 28, 2007.

Tenn. Comp. R. & Regs. 0080-07-01-.12 FREE USE AREAS FOR FIREWOOD REMOVAL

(1) The district forester shall designate a “free use area” for each state forest where Tennessee residents may remove downed and dead timber from a state forest, without cost, for their own personal use as firewood for home heating and cooking, provided that none of the firewood is offered for sale.

(2) Permits to remove downed and dead timber from free use areas for use as firewood shall be issued by the district forester or representative for each state forest during normal business hours, 8:00 a.m. to 4:30 p.m., Monday through Friday, or at other times at the district forester’s discretion.

(3) Permits will be valid for a specified date and time; will include a unique identifying number; and may be issued by any reasonable means, including by telephone, in person or by Internet.

(4) Permit requests may be made by persons 18 years of age or older and shall include the permittee’s name, vehicle license number, and county to which the firewood will be transported.

(5) The district forester or representative may refuse to issue a permit if he or she determines that refusal is necessary for safety reasons or in the best interest of the state forest.

(6) Permits will not be issued during hunts managed by the Tennessee Wildlife Resources Agency.

(7) Permits are not transferable.

(8) Permit shall be displayed on the permittee’s vehicle at all times during timber removal.

(9) Permittee is prohibited from setting fires during firewood cutting and removal, and equipment used shall have appropriate spark arrestors.

(10) Permittee shall remove all trash and litter resulting from Permittee’s activities.

(11) Permittee shall comply with the division’s guidelines on firewood transport posted on the department’s internet website and available at all division offices.

(12) Timber or firewood removal outside the designated free use area is strictly prohibited.

(13) Permittee and permitted activities are subject to all applicable state laws and regulations.

History

• Authority: T.C.A. §§ 4-3-201, et seq. and 11-4-807.
• Administrative History: Original rule filed December 28, 2018; effective March 28, 2019.

Tenn. Comp. R. & Regs. 0080-07-01-.07 COMMERCIAL OPERATIONS

(1) Engaging in a business or commercial solicitation of any kind within a State Forest is prohibited without a written permit from the District Forester or a fully executed contract with the Department of Agriculture, Forestry Division.

History

• Authority: T.C.A. §§ 4-3-201, et seq.; 11-1-101, et seq.; 11-4-101, et seq.; and Executive Order No. 41 (February 4, 1991).
• Administrative History: Original rule filed December 6, 2000; effective April 30, 2001.

Tenn. Comp. R. & Regs. 0080-07-01-.08 GROUPS AND ORGANIZATIONS

(1) Public meetings, assemblies, gatherings, demonstrations, and other events are permitted within state forests on lands that are open to the general public provided a permit has been issued by the District Forester.

(2) Any application for such a permit shall set forth the name of the applicant, the date, time, duration, nature and place of the proposed event, and estimate of the number of persons expected to attend, and a statement of equipment and facilities to be used.

History

• Authority: T.C.A. §§ 4-3-201, et seq.; 11-1-101, et seq.; 11-4-101, et seq.; and Executive Order No. 41 (February 4, 1991).
• Administrative History: Original rule filed December 6, 2000; effective April 30, 2001.

Tenn. Comp. R. & Regs. 0080-07-01-.09 ABANDONED AND UNATTENDED PROPERTY

(1) Abandoning vehicles or other personal property is prohibited in a State Forest. Leaving any vehicle or other personal property unattended for longer than 24 hours, without prior permission from the District Forester, constitutes abandonment. The District Forester may impound abandoned property.

(2) In the event unattended property interferes with a safe and orderly management of the State Forest, the District Forester may impound it at any time.

History

• Authority: T.C.A. §§ 4-3-201, et seq.; 11-1-101, et seq.; 11-4-101, et seq.; and Executive Order No. 41 (February 4, 1991).
• Administrative History: Original rule filed December 6, 2000; effective April 30, 2001.

Tenn. Comp. R. & Regs. 0080-07-01-.10 DISORDERLY CONDUCT AND VANDALISM

(1) Disorderly conduct, as defined in T.C.A. § 39-17-305 and vandalism as defined in T.C.A. § 39-14-408 are prohibited in a State Forest.

History

• Authority: T.C.A. §§ 4-3-201, et seq.; 11-1-101, et seq.; 11-4-101, et seq.; and Executive Order No. 41 (February 4, 1991).
• Administrative History: Original rule filed December 6, 2000; effective April 30, 2001.

Tenn. Comp. R. & Regs. 0080-07-01-.11 PENALTIES AND ASSISTANCE

(1) Violation of these rules may be a misdemeanor and punishable under the general law relating to misdemeanors.

(2) The district forester can call upon any law enforcement officer or agencies and state departments and agencies for assistance in enforcing these rules and regulations.

(3) All incidents resulting in the injury to persons or damage to property must be reported by the person or persons involved as soon as possible, but not to exceed seven (7) working days, to the district forester. This report does not relieve persons from the responsibility of making any other accident reports which may be required under state law.

History

• Authority: T.C.A. §§ 4-3-201, et seq.; 11-1-101, et seq.; 11-4-101, et seq.; and Executive Order No. 41 (February 4, 1991).
• Administrative History: Original rule filed December 6, 2000; effective April 30, 2001. Repeal and new rule filed August 17, 2007; effective December 28, 2007.

Chapter 0080-07-02 Use of Lookout Towers for Communication Systems

Tenn. Comp. R. & Regs. 0080-07-02-.01 DEFINITIONS

Division - Refers to the Department of Agriculture, Division of Forestry.

History

• Authority: T.C.A. §§ 4-3-201, et seq.; 4-3-504; 11-1-101, et seq.; 11-4-101, et seq.; 11-4-102; 11-4- 301(d)(18); and 11-4-405; and Executive Order No. 41 (February 4, 1991).
• Administrative History: Original rule filed August 25, 1989; effective October 9, 1989. Rule 0080-07-02-.01 has been assigned a new control number, removed, and renumbered from the amended rule 0400-08-01-.01 filed December 6, 2000; effective April 30, 2001.

Tenn. Comp. R. & Regs. 0080-07-02-.02 PURPOSE

The purpose of these rules is to create criteria to govern the use of lookout tower sites and other Department of Agriculture, Division of Forestry land for communication systems and to establish a system of fees for this use.

History

• Authority: T.C.A. §§ 4-3-201, et seq.; 4-3-504; 11-1-101, et seq.; 11-4-101, et seq.; 11-4-102; 11-4- 301(d)(18); and 11-4-405; and Executive Order No. 41 (February 4, 1991).
• Administrative History: Original rule filed August 25, 1989; effective October 9, 1989. Rule 0080-07-02-.02 has been assigned a new control number, removed, and renumbered from the amended rule 0400-08-01-.02 filed December 6, 2000; effective April 30, 2001.

Tenn. Comp. R. & Regs. 0080-07-02-.03 CRITERIA FOR EVALUATING REQUESTS

The Department of Agric ulture, Divisi on of Forestry will evaluate all requests for antenna space based upon the following criteria:

(1) Security - An analysis of the measures necessary to protect the antennas and systems from theft, vandalism, etc. and of the increase in danger to systems already on a site.

(2) Number of Existing Systems - An increase in the number of systems at a site causes an increase in security costs, interference possibilities, administrative cost, and a lessening of the aesthetic appearance of a site.

(3) Interference - A review of the possible interference created by the installation of the requested antennas with other communications systems in the requested area. The Division may require the requesting party to run radio tests prior to installation to determine frequency compati bilit y.

(4) Environmental Impact - A review of the extent the requested antenna installation will adversely affect the natural surroundings and aesthetics in the requested area.

(5) Impact on the Divisi on of Forestry - A review of the extent the requested antenna installation will interfere with or indirectly or directly benefit Division of Forestry activities. No installation should require maintenance or development of improvements at the expense of the Division, in excess of the needs of the Division.

History

• Authority: T.C.A. §§ 4-3-201, et seq.; 4-3-504; 11-1-101, et seq.; 11-4-101, et seq.; 11-4-102; 11-4- 301(d)(18); and 11-4-405; and Executive Order No. 41 (February 4, 1991).
• Administrative History: Original rule filed August 25, 1989; effective October 9, 1989. Rule 0080-07-02-.03 has been assigned a new control number, removed, and renumbered from the amended rule 0400-08-01-.03 filed December 6, 2000; effective April 30, 2001. Amendments filed November 4, 2019; effective February 2, 2020.

Tenn. Comp. R. & Regs. 0080-07-02-.04 USE OF DIVISION OF FORESTRY SITES

The Division, upon request, may authorize the use of lookout tower sites and other Division land for communication systems upon the following conditions:

(1) Requests may be made by any entity, including an individual, corporation, limited liability company, partnership, sole proprietorship, amateur radio organization, or government agency.

(2) The Division will evaluate requests on the basis of whether the use proposed by the entity will directly or indirectly benefit or assist the Division in the event of an emergency response or wildfire prevention and suppression.

(3) Authorized use is subject to applicable deed restrictions.

(4) No additional uses will be authorized at Division headquarter sites or 24 hour stations of one (1) acre or less.

(5) Permanent installation of radio equipment will only be authorized on Division structures built specifically to house communication equipment.

(6) The Division may dispose of any equipment owned by or place at site by an authorized user remaining at the site 45 days following the termination or expiration of a use agreement.

(7) In the event an authorized user fails to remove structures on Division land within 45 days of termination or expiration of use agreement, the Division may remove the structure with costs of removal to be borne by the user.

(8) An authorized user may only assign use rights to another entity upon written approval of the Division.

(9) Authorized users shall comply with all applicable federal, state, and local laws and regulations.

History

• Authority: T.C.A. §§ 4-3-201, et seq.; 4-3-504; 11-1-101, et seq.; 11-4-101, et seq.; 11-4-102; 11-4- 301(d)(18); and 11-4-405; and Executive Order No. 41 (February 4, 1991).
• Administrative History: Original rule filed August 25, 1989; effective October 9, 1989. Rule 0080-07-02-.04 has been assigned a new control number, removed, and renumbered from the amended rule 0400-08-01-.04 filed December 6, 2000; effective April 30, 2001. Amendments filed November 4, 2019; effective February 2, 2020.

Tenn. Comp. R. & Regs. 0080-07-02-.05 INSTALLATION CATEGORIES

(1) Class A installation includes attaching antennas to lookout towers, or other existing towers with various radio equipment attached to cross arms, platforms, or other parts of existing towers.

(2) Class B installation includes attaching antennas to lookout tower or other existing tower with separate building for radio equipment.

(3) Class C installation includes installing a separate pole or steel tower 100 feet or less, with or without guy wires, with building to house radio equipment.

(4) Class D installation includes installing a separate pole or steel tower over 100 feet, with or without guy wires, with a building to house radio equipment.

History

• Authority: T.C.A. §§ 4-3-201, et seq.; 4-3-504; 11-1-101, et seq.; 11-4-101, et seq.; 11-4-102; 11-4- 301(d)(18); and 11-4-405; and Executive Order No. 41 (February 4, 1991).
• Administrative History: Original rule filed August 25, 1989; effective October 9, 1989. Rule 0080-07-02-.05 has been assigned a new control number, removed, and renumbered from the amended rule 0400-08-01-.05 filed December 6, 2000; effective April 30, 2001.

Tenn. Comp. R. & Regs. 0080-07-02-.06 USER CATEGORIES

(1) Federal, local, county governments, or other state agencies.

(2) Semi-governmental Agencies.

(3) Private Groups other than Radio or Television.

(4) Radio or Television Stations.

History

• Authority: T.C.A. §§ 4-3-201, et seq.; 4-3-504; 11-1-101, et seq.; 11-4-101, et seq.; 11-4-102; 11-4- 301(d)(18); and 11-4-405; and Executive Order No. 41 (February 4, 1991).
• Administrative History: Original rule filed August 25, 1989; effective October 9, 1989. Rule 0080-07-02-.06 has been assigned a new control number, removed, and renumbered from the amended rule 0400-08-01-.06 filed December 6, 2000; effective April 30, 2001.

Tenn. Comp. R. & Regs. 0080-07-02-.07 FEES

(1) The user of a Division of Forestry site for the installation of a communication system must pay an annual fee in advance.

(2) Fees will be based on the category of user and category of installation.

(3) If more than one user uses the same improvements, the owner must pay the full fee and the additional users may pay a Class A fee to the Division of Forestry.

(4) The fees will be charged in accordance with the standardized rate structure which may be obtained from the Department of Agriculture, Division of Forestry.

(5) Use of a site without charge may be authorized for government agencies and rural fire departments when in the opinion of the Division that use provides a direct benefit to wildland fire prevention and suppression.

History

• Authority: T.C.A. §§ 4-3-201, et seq.; 4-3-504; 11-1-101, et seq.; 11-4-101, et seq.; 11-4-102; 11-4- 301(d)(18); and 11-4-405; and Executive Order No. 41 (February 4, 1991).
• Administrative History: Original rule filed August 25, 1989; effective October 9, 1989. Rule 0080-07-02-.07 has been assigned a new control number, removed, and renumbered from the amended rule 0400-08-01-.07 filed December 6, 2000; effective April 30, 2001.

Chapter 0080-07-03 Forestry Best Management Practices

Tenn. Comp. R. & Regs. 0080-07-03-.01 IDENTIFICATION OF FORESTRY BEST MANAGEMENT PRACTICES (BMP) - GENERAL

(1)General (a)Purpose, Scope and Applicability.

This Rule Chapter specifies forestry best management practices (BMPs) pursuant to TCA 69-3- 103(35) and TCA 11-4-301(d)(18). These are applicable to forestry activities as defined by TCA 69-3-103(38), i.e., harvesting of timber and construction of roads and trails. Although no law mandates the use of BMPs, if an operator fails or refuses to implement these BMPs and water pollution results, the Commissioner of the Department of Environment and Conservation may issue a stop work order. These are practices that, if implemented properly, would prevent, limit, or eliminate water pollution that might be associated with the harvesting of timber including road and trail construction. BMPs are intended to prevent water pollution that might result from sediment, mechanical and chemical intrusion, or other activity that would adversely impact the aquatic resource. The potential for forestry activities to pollute streams is significantly influenced by factors such as time of year, topography, soil type, vegetative cover, logging technology, and the duration and intensity of rainfall events. Some judgement is, therefore, necessary to relate the choice and installation of BMPs relative to those factors. The following rules provide flexibility in the choice and application of BMPs for purposes of assuring that silvicultural activities do not result in pollution of waters of the State. Guidance and specifications are contained in respective publications of the Department of Agriculture.

(b)Use of Number and Gender-As Used in these Rules: 1.Words in the masculine gender also include the feminine and neuter genders; and 2.Words in the singular include the plural; and 3.Words in the plural include the singular.

(c)Rule Structure - These Rules are organized, numbered, and referenced according to the following outline form:

(1)paragraph (a)subparagraph 1.part (i)subpart (I)item I.subitem A.section (A)subsection (2)Definitions When used in this Rule the following terms have the meanings given below unless otherwise specified:

(a)“Broad-based dip” means a feature constructed into a forest roadbed for achieving effective drainage.

(b)“Culvert” means a conduit through which surface water can flow under roads.

(c)“Log deck/landing,” means an area to which logs are skidded to an on-site mill or collected for loading onto trucks for transport out of the woods.

(d)“Outsloping” means a method of rapidly draining road surfaces by tilting the road surface toward the downhill side at the rate of ¼ inch per foot of road width or a 2 to 3 percent outslope.

(e)“Pole ford” means a method of fording soft-bottomed streams by placing poles (small logs) across the stream bottom.

(f)“Sediment control structures” means natural materials, terrain features, or man-made structures that trap and hold sediment. Such structures include straw bale fencing, silt fencing, brush barriers, and sediment traps. Sediment control structures should be installed where necessary to slow the flow of runoff and to trap sediment until vegetation is established on the sediment source. The structures must be maintained, cleaned or replaced until areas of exposed soil are stabilized. Sediment control structures should not be installed in stream channels.

(g)“Sensitive areas” means site specific natural or topographic features of consequence to an aquatic resource including but not limited to fragile soils, wetlands, sink holes, seeps, springs and heads of springs, landslides, old gully systems, and known locations of officially listed threatened or endangered aquatic species. Activity that disturbs or disrupts such areas and promotes potential water pollution should be avoided. Activity is not necessarily excluded from these areas, however, caution and judgment must be used when these areas are encountered.

(h)“Skid trail” means a path established by multiple passes used by harvesting equipment to transport logs or trees from the stump to a landing or log deck.

(i)“Streamside management zone (SMZ)” means a designated area that consists of the stream and an adjacent area of varying width where management practices that might impact water quality are modified or restricted. SMZs are typically areas where qualified activities are closely managed rather than areas of total activity exclusion.

(j)“Water bar” means a structure constructed into a temporary road or skid trail to achieve effective drainage.

(k)“Wing ditch” means a water turnout or diversion ditch constructed to move and disperse water away from a road and side ditches into adjacent undisturbed areas so that the volume and velocity of water is reduced on the road surface.

History

• Authority: T.C.A. §§11-4-301 et seq. and Public Chapter 680 of the Acts of 2000.
• Administrative History: Original rule filed May 23, 2001; effective August 6, 2001.

Tenn. Comp. R. & Regs. 0080-07-03-.03 BMPS THAT MANAGE THE PLACEMENT OF LOGGING DEBRIS AND OPERATION OF

EQUIPMENT.

(1)Logging debris and operation of equipment shall be managed to prevent sediment or other materials from entering waters of the State. This includes, but is not limited to, the following:

(a)Disposal of Trees, Tree Tops and Branches. 1.Trees felled in or across streams should be dragged out in a manner that prevents channel and stream bank disturbance. 2.Tree tops should be pulled far enough back to prevent being washed into streams during high water. 3.Trees and tree tops should not be dragged down a stream channel. 4.Root wads in banks should be left in place.

(b)Use and Maintenance of Logging Equipment. 1.When available, use low ground pressure tires on skidders and concentrate skidding as much as possible on a few primary skid trails to minimize site disturbance. 2.Prevent oil and fuel spills. If a spill occurs, clean up all spilled materials, contaminated soil and dispose of both properly, as soon as possible, per guidelines of the Tennessee Department of Environment and Conservation.

History

• Authority: T.C.A. §§11-4-301 et seq. and Public Chapter 680 of the Acts of 2000.
• Administrative History: Original rule filed May 23, 2001; effective August 6, 2001.

Tenn. Comp. R. & Regs. 0080-07-03-.02 BMPS THAT PREVENT EROSION, SOIL LOSS, AND POTENTIAL SEDIMENTATION

(1)Access Roads.

(a)Access Road Location.

Access roads shall be designed and located to prevent sediment from entering the waters of the State as defined at Tennessee Code Annotated (T.C.A.) § 69-3-102. Methods to prevent sedimentation to streams include, but are not limited to, the following: 1.Minimize the amount of road to be constructed using existing roads where practical and if properly located 2.Locate roads as far from streams and lakes as possible and practical. 3.Locate roads as far as practical from streamside management zones (SMZs) and sensitive areas. 4.Avoid or minimize stream crossings. If crossings are unavoidable, roads should cross streams as close to right angles as possible.

(i)When possible, locate crossings on the straightest section of streams and minimize disruption of normal streamflow.

(ii)Design crossings such that disruption of movement of aquatic life is minimized.

(iii)Where applicable, approaches to stream crossings should climb away from streams to minimize erosion during high water and should be graveled to prevent washing and rutting.

(iv)Where practical, broad-based dips and wing ditch turnouts should be installed to turn water off roads before entering the stream.

(v)When fords are used:

(I)Fords should be located where streambanks are low.

(II)Fords should have a solid bottom; if not, use a pole ford or other appropriate stream bottom cover. Poles should be removed after use.

(vi)When culverts are used:

(I)Culvert size should accommodate the area to be drained. Temporary culverts may be smaller in size than those otherwise specified but must be removed at the completion of logging activity.

(II)Installation of culverts should minimize disturbance of stream channels and prevent sloughing of streambanks. Fill material should be stabilized with riprap, vegetation or any other acceptable method to prevent soil movement.

(III)Periodic inspection should ensure that culverts remain free of debris and other blockages.

(vii)When bridges are used:

(I)Bridges should be located across narrow points on firm soils.

(II)Care should be taken to protect banks from sloughing when constructing and removing temporary bridges.

(III)Bridges should not be covered with soil. 5.Avoid sensitive areas that could interfere with drainage and cause soil compaction or erosion.

(b)Access Road Construction.

Access roads shall be constructed to prevent sediment from entering the waters of the State as defined in T.C.A. § 69-3-102. Methods to prevent sedimentation to streams include, but are not limited to, the following: 1.To the extent possible, construct and stabilize new roads several weeks or longer in advance of logging. 2.Avoid road construction during periods of wet weather. 3.Construct roads on grades of 2 to 12 percent where possible. Runoff from roads should not directly discharge into a stream channel. Runoff associated with stream crossings should be minimized. Control runoff from roads using techniques such as varying the slope of the road, crowning, outsloping, wing ditches, sediment traps, sediment control structures, broad-based dips, rolling dips, water bars and cross drain culverts and other measures recommended by the Department of Agriculture. Steeper grades are acceptable for short distances provided additional attention is given to water control/drainage structures. 4.When possible, trees and brush cleared for road corridors should be pushed to the downhill side of the road to assist in trapping sediment. 5.Minimize soil disturbance during road construction. 6.Revegetate exposed soil in potential problem areas that could generate sediment (i.e.: culverts, stream crossings, and fill areas). 7.In association with wetlands:

(i)Design the road fill with bridges, culverts or other drainage structures to prevent the restriction of expected flood flows.

(ii)Remove all temporary fills in their entirety and restore the area to its original elevation.

(c)Road Retirement.

Access roads shall be retired in such a way as to prevent sediment from entering the waters of the State as defined at T.C.A. § 69-3-102. Methods to prevent sedimentation to streams include, but are not limited to, the following: 1.Water bars or other drainage structures should be constructed immediately after active logging has ceased. If logging will be delayed for a substantial period of time, temporary drainage and erosion control structures should be constructed. 2.Upon completion of logging, remove temporary bridges, temporary culverts, and pole fords; remove sediment and debris from dips, ditches and culverts; and revegetate problem areas. 3.Use lime, fertilizer, mulch, and/or seed when needed to prevent soil erosion. Amounts should be based on recommendations from the Department of Agriculture or the University of Tennessee Agricultural Extension Service.

(2)Streamside Management Zones (SMZ) and Wet Weather Conveyances (a)Streamside management zones shall be planned and implemented to prevent the occurrence of water pollution. The configuration of SMZs is dependent in part upon soil types, slope, and exposure as well as the type and intensity of activity associated with the logging operation. 1.In the vicinity of streams that maintain a defined and discernible channel and flow much or all of the time, the SMZ shall be planned and implemented to prevent pollution from sediment as well as elevated water temperatures that could adversely impact aquatic life.

Methods to prevent pollution include, but are not limited to the following:

(i)The width of SMZs should be a minimum distance of 25 feet from the disturbed area to the stream for zero percent slope and 20 additional feet for each additional 10 percent of slope. This applies to both sides of the stream (total minimum width of 50 feet). In association with wetlands, establish SMZs at least 50 feet in width along both sides of all streams and open water (total minimum width of 100 feet).

(ii)Do not remove any trees within the SMZ if such removal would result in soil potentially getting into stream. If trees can be harvested without risk of soil loss, maintain 50 to 75 percent of the vegetation canopy shading a perennial stream.

(iii)Avoid operating any harvesting equipment or vehicles within the SMZ. Whenever possible, timber harvested within the SMZ should be pulled or winched out. 2.The establishment of SMZs may not be necessary relative to wet weather conveyances [Rule 1200-4-3-.02(7)]. However, in the vicinity of wet weather conveyances and topographic features that will likely transport sediment, the operator should modify and limit activities so that sediment pollution will not occur.

(3)Locating and Constructing Log Landings.

(a)Log landings shall be designed and located to prevent sediment from entering waters of the State. Methods to prevent sedimentation to streams include, but are not limited to, the following: 1.If correctly located, use existing landings from previous timber harvests. 2.Locate landings outside of SMZs and away from stream channels and sensitive areas. 3.Slope landings to allow for drainage. 4.Prevent sawdust, chips and other residues such as fuels and lubricants from entering drains where runoff may wash the material into streams. 5.Revegetate landings if they pose a potential water quality problem. 6.Install drainage and sediment control structures to divert run-off if needed.

(4)Locating and Constructing Skid Trails.

(a)Skid trails shall be located to prevent sediment from entering waters of the State. Methods to prevent sedimentation to streams include, but are not limited to, the following: 1.Minimize the number of skid trails; use existing trails where appropriate. 2.Locate skid trails on grades of 2 to 30 percent where possible. Control runoff from trails so that it does not directly discharge into a stream channel. This may be accomplished by using techniques such as varying the slope of the trail, wing ditches, sediment traps, sediment control structures, and other measures recommended by the Tennessee Department of Agriculture. Steeper grades are acceptable for short distances provided additional attention is given to water control/drainage structures. 3.Runoff associated with stream crossings should be prevented. Avoid crossing streams, drains, other wet areas, and sensitive areas; skid away from streams and drains. If crossing streams is unavoidable, use culverts, pole fords or simple bridges. 4.Skidders and other equipment should not be operated directly in streams. 5.Avoid skidding directly up or down hill; operators should slant the course and follow a “zig-zag” pathway, if possible. 6.Upon completion of logging, remove temporary bridges and culverts; remove sediment and debris from dips, ditches and culverts; and revegetate problem areas. 7.Use lime, fertilizer, mulch, and/or seed when needed to prevent soil erosion. Amounts should be based on recommendations from the Tennessee Department of Agriculture or the University of Tennessee Agricultural Extension Service. 8.Avoid ruts that risk channeling water to a stream.

History

• Authority: T.C.A. §§11-4-301 et seq. and Public Chapter 680 of the Acts of 2000.
• Administrative History: Original rule filed May 23, 2001; effective August 6, 2001.

Chapter 0080-07-04 Master Logger Requirements

Tenn. Comp. R. & Regs. 0080-07-04-.01 PURPOSE

The purpose of these rules is to establish a Master Logger certification program in this state.

History

• Authority: T.C.A. § 11-4-301.
• Administrative History: Original rule filed February 23, 2007; effective June 28, 2007.

Tenn. Comp. R. & Regs. 0080-07-04-.02 DEFINITIONS

(1) Master Logger - a person who has completed the Master Logger program and is listed by the Tennessee Department of Agriculture, Division of Forestry as having completed all requirements of the Tennessee Master Logger program or a program of substantially equal rigor provided in another state, including but not limited to, maintaining all current continuing educational requirements.

(2) Master Logger Program - a program of study, training, and demonstration to prepare loggers to correctly apply forestry best management practices as provided in Guide to Best Management Practices in Tennessee published by the Department of Agriculture, Division of Forestry and the rules and regulations regarding Best Management Practices at Chapter 0080-7-3.

(3) Master Logger Certificate - a document recognizing the person so named as a Master Logger having satisfied all conditions and met all requirements of the Master Logger program; issued upon graduation by the Program Sponsor.

(4) Master Logger Card - a wallet-sized document identifying the person so named as a Master Logger.

(5) Master Logger List - official list of Master Loggers maintained by the Division of Forestry.

(6) Program Sponsor - an agency, company, individual or entity that is approved by Tennessee Department of Agriculture, Division of Forestry to provide the Master Logger program in the State of Tennessee.

History

• Authority: T.C.A. § 11-4-301.
• Administrative History: Original rule filed February 23, 2007; effective June 28, 2007. MASTER LOGGER REQUIREMENTS 0080-7-4

Tenn. Comp. R. & Regs. 0080-07-04-.03 EDUCATIONAL REQUIREMENTS

(1) The Program Guidelines and Procedures are as follows:

(a) New Master Logger applicants are required to attend a series of five (5) one-day classes taught over a period of ten (10) weeks - one (1) day every two (2) weeks, for eight (8) hours on each of those days; a training manual and other learning materials are provided by the program sponsors during the class;

(b) Upon successful completion of all training requirements, Master Loggers receive a Master Logger certificate and a Master Logger card;

(c) The training curriculum by the approved program sponsor shall include the following subjects for a total of eight (8) hours each. The program sponsor may add or delete subjects only after the prior approval of the Division of Forestry.

1. Safety (includes OSHA standards, Tennessee Highway Patrol truck safety and highway laws, chainsaw and equipment safety);

2. Best Management Practices - (BMPs - taught by Tennessee Division of Foresty Water Quality Foresters);

3. CPR/First Aid - eight (8) hours (taught by American Heart Association or the Red Cross); each logger receives a First Aid card and a Red Cross Manual;

4. Silviculture - eight (8) hours (UT Extension staff);

5. Business management - eight (8) hours (UT Extension Staff, including a local attorney, bank representatives, an accountant, and insurance representatives).

(d) The Master Logger Program Sponsor will maintain an updated computer database of new Master Loggers who have completed the sponsor’s program. The sponsor will mail the new Master Logger cards within two (2) weeks of completion of training requirements.

(e) The Master Logger Program Sponsor will maintain a computer database containing the names of all Master Loggers who have completed the sponsor’s program.

(f) The Master Logger database is updated no less than quarterly and after each new Master Logger is credentialed or after continuing education requirements are met.

(2) Continuing education:

(a) The continuing education requirement necessitates that the Master Logger attend training one (1) day every two (2) years. The topics include: Visual Impacts, Advanced Water Quality Training/Environmental Issues (Best Management Practices and road building), Log Grading/Timber Assessment and Safety Procedures.

(b) Specific course content is based on the discretion of the instructor; topics are based on needs in particular areas of the state.

History

• Authority: T.C.A. § 11-4-301.
• Administrative History: Original rule filed February 23, 2007; effective June 28, 2007.

Tenn. Comp. R. & Regs. 0080-07-04-.04 RECIPOCRACY

MASTER LOGGER REQUIREMENTS 0080-7-4

(1) A person who has a Master Logger card or certificate from another state may apply for reciprocity for a Master Logger card in Tennessee.

(2) The Program Sponsor, in consultation with the Division of Forestry, will determine if the Master Logger applicant seeking reciprocity in Tennessee has a Master Logger certificate or card from a state that has a Master Logger program of substantially equal rigor to Tennessee’s Master Logger program before granting the applicant reciprocity.

(3) A Master Logger from another state applying for reciprocity for Master Logger status in Tennessee must provide a copy of the Master Logger card and/or Master Logger certificate (initial certification) from their respective state and pay a continuing education fee to the program sponsor to participate in the Tennessee program. The applicant is required to complete a continuing education course on Water Quality Best Management Practices. Upon completion of these requirements, the applicant is issued a Tennessee Master Logger card.

History

• Authority: T.C.A. § 11-4-301.
• Administrative History: Original rule filed February 23, 2007; effective June 28, 2007.

Tenn. Comp. R. & Regs. 0080-07-04-.05 PUBLISHING AND MAINTAING THE MASTER LOGGER LIST

(1) The Tennessee Department of Agriculture, Division of Forestry will publish the Master Logger List.

(2) The Master Logger List will be maintained by each Master Logger Program Sponsor and accessible through a website link on the Division of Forestry website or by mail upon request.

History

• Authority: T.C.A. § 11-4-301.
• Administrative History: Original rule filed February 23, 2007; effective June 28, 2007.

Chapter 0080-07-05 Open-Air Burning Permit

Tenn. Comp. R. & Regs. 0080-07-05-.01 PURPOSE

These rules establish the criteria and procedures for the issuance of open-air burning permits or burn bans as provided at Tennessee Code Annotated Section 39-14-306 and shall be known and cited as the “Tennessee Open-Air Burning-Permit Rules.”

History

• Authority: T.C.A. §§ 39-14-306 and 4-3-203.
• Administrative History: Rule filed February 20, 2014; effective July 29, 2014.

Tenn. Comp. R. & Regs. 0080-07-05-.02 DEFINITIONS

(1) “State Forester” means the director of the Division of Forestry or authorized representative.

(2) “Open-air fire” means any fire, whether or not confined, burning in the outdoors within 500 feet of any forest, grassland, or woodland. Open-air fire includes but is not limited to woodydebris fires, agricultural and silvicultural fires, and cooking and warming fires. Open-air fire does not include ceremonial fires, fireworks, or cooking-grill fires.

(3) “Permit” means documentation of permission granted by the State Forester or the State Forester’s authorized representative allowing the permittee to conduct an open-air fire.

(4) “Burning-permit season” is from 8 a.m. local time on October 15 through 11:59 p.m. local time on May 15.

(5) “Hazardous burning conditions” means that the Division of Forestry’s parameters for safe open-air fires have been exceeded.

(6) “Extreme fire hazard conditions” means that the Division of Forestry’s parameters indicate that any open-air fire would create a significant public risk.

(7) “Burning ban” means a declaration by the Commissioner of the Department of Agriculture forbidding any open-air fire in any area of the state.

(8) “Seasonal permit” means a single permit that is in effect for an extended period.

History

• Authority: T .C.A. §§ 39-14-306, 11-4-301 and 4-3-203.
• Administrative History: Rule filed February 20, 2014; effective July 29, 2014.

Tenn. Comp. R. & Regs. 0080-07-05-.03 BURNING-PERMIT GENERAL REQUIREMENTS AND LIMITATIONS

(1) Permits may be issued by any reasonable means, including by telephone, in person or by Internet.

July, 2014 1 (2) The permit is valid only for the days and hours specified.

(3) Permit requests shall be refused any time the State Forester or the State Forester’s authorized representative determines that open-air fires are unsafe.

(4) The permit shall only allow burning of vegetation grown on the site, untreated wood waste, or other materials allowed for open burning by rules of the Tennessee Department of Environment and Conservation.

(5) Each permit shall include a unique identifying number.

(6) Each permit should include:

(a) Name of permittee.

(b) Location of burn.

(c) Date and time of burn.

(d) Material to be burned.

(e) Acres to be burned, if applicable.

(f) Identity of the permit issuer.

(g) Date and time of issuance.

(h) Other information required by the Division of Forestry.

(7) Seasonal permits shall be subject to the same general requirements as nonseasonal permits.

(8) Seasonal permits may be revoked by the Division of Forestry after notice to the permittee.

History

• Authority: T.C.A. §§ 39-14-306, 11-4-301, 11-4-405 and 4-3-203.
• Administrative History: Rule filed February 20, 2014; effective July 29, 2014.

Tenn. Comp. R. & Regs. 0080-07-05-.04 COMMISSIONER’S BURNING BAN

(1) The State Forester shall immediately notify the Commissioner of the Department of Agriculture when extreme fire hazard conditions exist in any area of the state.

(2) Prior to issuing a Commissioner’s burning ban, the Commissioner shall consult with the county mayor or county executive of any area that will be subject to the burning ban.

(3) The Commissioner shall make the final determination to issue the burning ban.

History

• Authority: T.C.A. § 39-14-306.
• Administrative History: Rule filed February 20, 2014; effective July 29, 2014. July, 2014 2

Chapter 0080-07-06 Rules Governing Prescribed Burning

Tenn. Comp. R. & Regs. 0080-07-06-.01 PURPOSE

These rules are promulgated to effectuate the purposes of the “Tennessee Prescribed Burning Act”

T.C.A. §§ 11-4-1001 et seq.

History

• Authority: T.C.A. §§ 4-3-201 et seq. and 11-4-1003(d).
• Administrative History: Original rule filed May 3, 2013; effective October 29, 2013.

Tenn. Comp. R. & Regs. 0080-07-06-.02 DEFINITIONS

(1) “Commissioner” means the Commissioner of the Department of Agriculture.

(2) “Department” means the Department of Agriculture.

(3) “Division” means the Division of Forestry within the Department.

(4) “Prescribed Burning” means the controlled application of fire to vegetative fuels under environmental conditions specified in the Prescribed Burn Prescription Plan and following appropriate precautions which cause the fire to be confined to a predetermined area and accomplishes the objectives enumerated in the Prescribed Burn Prescription Plan.

(5) “Prescribed Burn Certification Program” means a training course approved by the Division of Forestry to develop competence in prescribed burning.

(6) “Certified Prescribed Burn Manager” means an individual who possesses valid Prescribed Burn Manager certification under this chapter.

(7) “Prescribed Burn Prescription Plan” means a written plan, approved by a Certified Prescribed Burn Manager, for starting and controlling a prescribed burn to accomplish specified objectives.

History

• Authority: T.C.A. §§ 4-3-201 et seq. and 11-4-1003(d).
• Administrative History: Original rule filed May 3, 2013; effective October 29, 2013.

Tenn. Comp. R. & Regs. 0080-07-06-.03 PRESCRIBED BURN MANAGER CERTIFICATION PROGRAM

(1) Training will be no less than twenty (20) hours and will include knowledge and skill evaluations; pertinent laws and regulations; and, all aspects of planning and safely implementing a prescribed burn plan.

October, 2013 2 (2) Electronic or computer based training is permitted but shall not constitute the entire curriculum.

(3) Written tests must be passed with a grade of 70% or higher.

(4) Skills tests must be approved as “passed” by the evaluator.

History

• Authority: T.C.A. §§ 4-3-201 et seq. and 11-4-1003(d).
• Administrative History: Original rule filed May 3, 2013; effective October 29, 2013.

Tenn. Comp. R. & Regs. 0080-07-06-.04 CERTIFICATION

(1) The Division shall issue Prescribed Burn Manager certification to an applicant who has successfully completed Division approved training.

(2) Division certification shall include a unique certification number.

(3) Certification is valid for thirty-six (36) months from the date of issuance, renewal or reinstatement.

History

• Authority: T.C.A. §§ 4-3-201 et seq. and 11-4-1003(d).
• Administrative History: Original rule filed May 3, 2013; effective October 29, 2013.

Tenn. Comp. R. & Regs. 0080-07-06-.05 CONDITIONAL CERTIFICATION

Instructors or graduates of the Division’s Prescribed Fire Training courses offered from 2006 to 2011 shall be issued Prescribed Burn Manager certification upon written request to the Division.

History

• Authority: T.C.A. §§ 4-3-201 et seq. and 11-4-1003(d).
• Administrative History: Original rule filed May 3, 2013; effective October 29, 2013.

Tenn. Comp. R. & Regs. 0080-07-06-.06 CONTINUING EDUCATION

(1) A Certified Prescribed Burn Manager shall maintain certification by receiving three (3) hours of continuing education provided or approved by the Division prior to the expiration of certification.

(2) Continuing education completed within six (6) months of expiration will act to reinstate expired certification.

History

• Authority: T.C.A. §§ 4-3-201 et seq. and 11-4-1003(d).
• Administrative History: Original rule filed May 3, 2013; effective October 29, 2013.

Tenn. Comp. R. & Regs. 0080-07-06-.07 PRESCRIBED BURN PRESCRIPTION PLAN

(1) The Prescribed Burn Prescription Plan shall be submitted on forms provided or approved by the Commissioner and shall include, at a minimum, the information required by the Commissioner and must be signed by the Certified Prescribed Burn Manager.

(a) The Prescribed Burn Prescription Plan shall be kept on file for three (3) years following the date of the burn by the Certified Prescribed Burn Manager.

(b) The Certified Prescribed Burn Manager shall assure that burn operations are conducted according to the Plan.

October, 2013 3

History

• Authority: T.C.A. §§ 4-3-201 et seq. and 11-4-1003(d).
• Administrative History: Original rule filed May 3, 2013; effective October 29, 2013.

Tenn. Comp. R. & Regs. 0080-07-06-.08 CONDUCTING THE PRESCRIBED BURN

(1) The Certified Prescribed Burn Manager is responsible for assuring applicable local, state and federal regulations are met.

(2) The Certified Prescribed Burn Manager supervising the burn shall personally direct, observe and coordinate the lighting of the initial fire to begin the burn operation.

(3) At least one Certified Prescribed Burn Manager shall be present and supervising the burn operation at all times.

(4) The Certified Prescribed Burn Manager shall have a copy of the Certified Prescribed Burn Prescription Plan with him or her on site at all times during burn operations.

(5) The Certified Prescribed Burn Manager shall assure that burn operations are conducted according to the Plan.

History

• Authority: T.C.A. §§ 4-3-201 et seq. and 11-4-1003(d).
• Administrative History: Original rule filed May 3, 2013; effective October 29, 2013.

Tenn. Comp. R. & Regs. 0080-07-06-.09 PUBLISHING AND MAINTAINING THE CERTIFIED PRESCRIBED BURN MANAGER

LIST.

(1) The Division will maintain the current Certified Prescribed Burn Manager list on the Department’s website, with paper or electronic copies available upon request.

History

• Authority: T.C.A. §§ 4-3-201 et seq. and 11-4-1003(d).
• Administrative History: Original rule filed May 3, 2013; effective October 29, 2013.

Tenn. Comp. R. & Regs. 0080-07-06-.10 RECIPROCITY

(1) Prescribed burn manager certification from other states shall not be recognized.

(2) Other prescribed burn certification may not be substituted for the Tennessee Prescribed Burn Manager certification.

History

• Authority: T.C.A. §§ 4-3-201 et seq. and 11-4-1003(d).
• Administrative History: Original rule filed May 3, 2013; effective October 29, 2013.

Chapter 0080-07-07 Native Species Lumber

Tenn. Comp. R. & Regs. 0080-07-07-.01 SCOPE

(1) Certification of native lumber under this chapter applies to any species growing within the state of Tennessee and to operators of any commercial sawmill desiring certification to grade lumber under the Tennessee Native Species Act, T.C.A. § 43-28-313.

(2) This chapter only applies to dimension lumber 2 inches to 4 inches in nominal thickness and 2 inches and wider.

History

• Authority: T.C.A. §§ 4-3-203 and 43-28-313.
• Administrative History: New rules filed May 24, 2022; effective August 22, 2022.

Tenn. Comp. R. & Regs. 0080-07-07-.02 DEFINITIONS

(1) Bow means a deviation flatwise from a straight line drawn from end to end of the piece measured at the point of greatest distance from the straight line.

(2) Check means a separation of the wood that normally occurs across the wood growth rings, usually caused by the drying or seasoning process.

(3) Chip marks means shallow depressions typically caused by shavings getting imbedded in the surface during the planing process.

(4) Cup means a deviation in the face of a piece, from a straight line drawn from edge to edge of the piece across the wide face measured as the point of greatest distance from the straight line.

(5) Hole means holes resulting from insects or sloughing of loose knots.

(6) Incipient decay means the early stage of decay where disintegration of the fibers has begun, and the wood has discolored but has not yet disintegrated to the point that it is significantly softened.

(7) Knot means a portion of a branch or a limb that is overgrown by the tree and has become incorporated into the piece of lumber.

(8) Split means a separation of the wood due to the tearing apart of the wood cells that occurs through the piece to the opposite or an adjacent surface.

August, 2022 2 (9) Pitch means an accumulation of resinous material, a well-defined accumulation of pitch in a streak.

(10) Pocket means an opening between annual growth rings, developed as the tree grows, that typically contains pitch or bark.

(11) Scant means lumber that is slightly less than the required size.

(12) Shake means lengthwise separation of the wood that occurs commonly between the growth rings.

(13) Slope of grain means the grain of the wood is not parallel to the edge of the piece.

(14) Skips means places in surfaced lumber where the piece has failed to surface cleanly.

(15) Stain means a variation from the natural color of the wood that may result from fungal sapstain or bacterial action, or due to enzymatic oxidation (e.g., sticker stain). Stain does not significantly affect strength. Wood that is “stained” must be sound. If the wood appears to be weakened, it is unsound.

(16) Twist means a deviation flatwise or a combination of flatwise and edgewise, in the form of a curve or spiral measured as the point of distance that the edge of a piece is raised above a flat surface where both edges of the opposite end of the same piece are resting against the same flat surface.

(17) Unsound wood means decay resulting from the attack of wood by wood-destroying fungi that leaves wood in a disintegrated condition indicated by a loss of hardness and color change.

(18) Wane means bark or the absence of wood from any cause except eased edges.

(19) Warp means any deviation from a true or flat plane surface.

History

• Authority: T.C.A. §§ 4-3-203 and 43-28-313.
• Administrative History: New rules filed May 24, 2022; effective August 22, 2022.

Tenn. Comp. R. & Regs. 0080-07-07-.03 CERTIFICATION

(1) Certification is open to sawmill owners or their employees. Only those completing the one-day training course and passing the skills test will be certified.

(2) Training courses will be held biannually in each of the three grand divisions of Tennessee, unless demand is so low that no courses are held. If no courses are offered locally in the upcoming 6 months, an individual can request a training course or skills test.

(3) The day-long training will conclude with a skills test. Failure to pass the skills test with a score less than 75% will require retaking the skills test at a future training session.

(4) Passing the skills test enables participants to sell graded lumber.

(5) Certification is valid for two years. Recertification requires passing the skills test at one of the training sessions.

History

• Authority: T.C.A. §§ 4-3-203 and 43-28-313.
• Administrative History: New rules filed May 24, 2022; effective August 22, 2022. August, 2022 3

Tenn. Comp. R. & Regs. 0080-07-07-.04 SPECIFICATIONS

(1) Characteristics allowed and limiting provisions:

(a) Knots:

1. The size of a knot is measured directly as the diameter (in inches) for a round knot, and for other than round knots (e.g., spike knots and oval knots) the equivalent diameter size is estimated by averaging the measurements (in inches) of the maximum width of the knot on its narrow axis and the maximum length on its long axis.

2. Sound, firm, and encased knots, if tight and well-spaced, are permitted in sizes not to exceed the equivalent of 25% of the nominal width of the wide face of the piece.

Knots appearing on the thickness faces of the piece are permitted in the same quality and size shown on Table 1.

3. A sound knot contains no decay.

4. A firm knot is solid across its face but has incipient decay.

5. An encased knot is a knot, which is not intergrown with the growth rings of the surrounding wood.

6. A tight knot is so fixed by growth, shape, or position that it retains its place or is held in place in the piece, while a loose knot or a not firmly fixed knot is one which is not so fixed by growth, shape or position that it will not be held tightly in place in the piece.

7. Well-spaced knots mean that the sum of the sizes of knots in any 6-inch length cannot equal or exceed twice the size of the largest permitted knot.

(b) Holes:

1. A hole may extend completely or partially through the piece.

2. Hole sizes are measured as knots are. Holes are caused by unsound wood except wane, unsound knots, loose knots, and not firmly fixed knots.

3. Holes are not to exceed the equivalent of 25% of the nominal width of the piece or equivalent smaller holes per 2 lineal feet.

4. Holes appearing on the thickness faces of the piece including unsound wood except wane, unsound knots, loose knots, and not firmly fixed knots are permitted in the same size or equivalent smaller as shown in Table 1.

Table 1 Knot and Hole Limits Nominal Width of Lumber Knot or Hole Maximum Size or Equivalent (Inches) (Inches) 2 1/2 2 1/2 5/8 3 3/4 3 1/2 7/8 August, 2022 4 4 1 4 1/2 1 1/8 5 1 1/4 6 1 1/2 8 2 10 2 1/2 12 3 Knots: sound, firm, encased & pith knots if tight and well-spaced Holes: includes all unsound wood, except wane and unsound or loose knots (c) Unsound wood, except wane, is not permitted.

(d) Wane of 1/3 the thickness and 1/3 the width, full length, or equivalent, on each face, combined is not to exceed 1/2 the thickness or 1/2 the width at any point.

(e) Shakes on the surface can occur on only one surface of the piece of lumber.

(f) The slope of grain deviation is expressed as a ratio of the deviation over the length. For example, for 1 in 8 slope in grain there is 1 inch in deviation between the grain of the wood and the lumber’s edge for every 8 inches of length.

(g) Shake through at ends are limited as splits. Away from ends, shakes including through shakes up to 2 feet long are permitted.

(h) Splits are limited in the length to twice the width of the piece.

(i) Checks – Drying checks on the face or edge are not limited.

1. Through checks at end are limited as splits. Surface checks occur on a wide or thickness face of a piece.

2. A through check will extend from one surface face to an opposite or adjoining surface.

3. A through shake will extend from one surface face to an opposite or adjoining surface.

(j) Warp limits are included in Table 2.

Table 2 Warp Limits Twist Lumber Nominal Width (Inches)

Lumber Length (Feet) 2 3 & 4 5 & 6 8 10 12 + Twist Limit (Inches) 6 1/8 1/4 3/8 1/2 5/8 3/4 8 1/4 1/2 3/4 1 1 1/4 1 1/2 10 5/16 5/8 7/8 1 1/4 1 1/2 1 7/8 12 3/8 3/4 1 1/4 1 1/2 1 7/8 2 1/4 14 7/16 7/8 1 1/4 1 3/4 2 1/4 2 5/8 August, 2022 5 16+ 1/2 1 1 1/2 2 2 1/2 3 Crook Lumber Nominal Width (Inches)

Lumber Length (Feet) 2 3 & 4 5 & 6 8 10 12 + Crook Limit (Inches) 6 1/4 1/4 3/16 1/8 1/16 1/16 8 3/8 3/8 5/16 1/4 3/16 1/8 10 3/4 1/2 7/16 3/8 1/4 3/16 12 1 11/16 5/8 1/2 7/16 3/8 14 1 1/4 7/8 3/4 5/8 1/2 3/8 16+ 1 5/8 1 7/8 3/4 5/8 1/2 Cup Lumber Nominal Width (Inches) 2 3 & 4 5 & 6 8 10 12 + Cup Limit (Inches)

All lengths 1/16 1/16 1/16 1/4 3/16 1/4 Bow Lumber Nominal Thickness (Inches)

Lumber Length (Feet) 2 3 & 4 Bow Limit (Inches) 6 1/2 1/4 8 3/4 3/8 10 1 1/2 3/4 12 2 1 14 2 1/2 1 1/4 16+ 3 1/4 1 5/8 (k) Twists are measured as the point of distance that the edge of a piece is raised above a flat surface where both edges of the opposite end of the same piece are resting against the same flat surface. Limits are included in Table 2.

(l) Manufacturing defects not greater than 1/8th inch are permitted (m) Pitch and pitch streaks are permitted.

(n) Pockets, pitch or bark, are not limited.

(o) Stains are not limited.

(p) Surfaced lumber may have skips or scant in places up to 1/8 inch deep. If it is rough lumber, there may be scant in places up to 1/8 inch scant. The areas of skip or scant are not to exceed 2 feet in length in any one place.

(q) Lumber included in the Tennessee Native species lumber Number 2 and Better Grade is to reasonably represent the mill-run of dimension lumber produced at least meeting these requirements and limiting provisions, without sort-out removal of higher-grade August, 2022 6 dimension lumber. This is not to constrain the simultaneous production of appearance grade boards and other lumber products other than dimension.

History

• Authority: T.C.A. §§ 4-3-203 and 43-28-313.
• Administrative History: New rules filed May 24, 2022; effective August 22, 2022.

Tenn. Comp. R. & Regs. 0080-07-07-.05 MOISTURE CONTENT, SURFACE CONDITIONS, STANDARD SIZES AND TALLY

PRACTICES.

(1) Wood moisture content and drying (a) Moisture content (MC) of wood is measured by weighing a sample of wood before and after drying it in a hot oven (103C/220F). The percent of MC is calculated as (wet weightdry weight)/dry weight x 100.

(b) Lumber shall be designated as green lumber or dry lumber.

1. Green lumber has a MC more than 19% including lumber that is graded just after sawing with a high moisture content and lumber that has been stickered and dried but still has moisture content above 19%.

2. Dry lumber is dried to a maximum moisture content of 19% MC. No more than 5% of the pieces in a shipment shall have a MC of 19%. Lumber sold as dry lumber may be either kiln dried or air dried.

3. Kiln dried (KD) means that lumber has been dried in a drying chamber. The designation of KD may be used as amplification to the dry lumber designation provided in the certification.

4. In the oven-dry method it is acceptable to use electrical meters to estimate the moisture content.

(c) Wood surface conditions 1. Lumber shall be designated as surfaced lumber, sawn-to-size lumber, or rough lumber.

2. Surfaced lumber, or dressed lumber, is lumber that has been surfaced by a machine to attain smoothness of surface and uniformity of size. Lumber grades refer to lumber that is surfaced four sides (S4S) and actual dressed sizes equal the minimum thicknesses and widths for surfaced lumber as shown in Table 3.

Table 3 Board Footage of Lumber Board Foot Volume of 2” Nominal Thickness of Varying Width and Length Length Width in Inches 2 4 6 8 10 12 Feet Board Feet per Piece (BF) 6 2.0 4.0 6.0 8.0 10.0 12.0 7 2.3 4.7 7.0 9.3 11.7 14.0 8 2.7 5.3 8.0 10.7 13.3 16.0 9 3.0 6.0 9.0 12.0 15.0 18.0 10 3.3 6.7 10.0 13.3 16.7 20.0 August, 2022 7 11 3.7 7.3 11.0 14.7 18.3 22.0 12 4.0 8.0 12.0 16.0 20.0 24.0 13 4.3 8.7 13.0 17.3 21.7 26.0 14 4.7 9.3 14.0 18.7 23.3 28.0 15 5.0 10.0 15.0 20.0 25.0 30.0 16 5.3 10.7 16.0 21.3 26.7 32.0 17 5.7 11.3 17.0 22.7 28.3 34.0 18 6.0 12.0 18.0 24.0 30.0 36.0 19 6.3 12.7 19.0 25.3 31.7 38.0 20 6.7 13.3 20.0 26.7 33.3 40.0 Board Foot Volume of 4” Nominal Thickness of Varying Width and Length Length Width in Inches 2 4 6 8 10 12 Feet Board Feet per Piece (BF) 6 4.0 8.0 12.0 16.0 20.0 24.0 7 4.7 9.3 14.0 18.7 23.3 28.0 8 5.3 10.7 16.0 21.3 26.7 32.0 9 6.0 12.0 18.0 24.0 30.0 36.0 10 6.7 13.3 20.0 26.7 33.3 40.0 11 7.3 14.7 22.0 29.3 36.7 44.0 12 8.0 16.0 24.0 32.0 40.0 48.0 13 8.7 17.3 26.0 34.7 43.3 52.0 14 9.3 18.7 28.0 37.3 46.7 56.0 15 10.0 20.0 30.0 40.0 50.0 60.0 16 10.7 21.3 32.0 42.7 53.3 64.0 17 11.3 22.7 34.0 45.3 56.7 68.0 18 12.0 24.0 36.0 48.0 60.0 72.0 19 12.7 25.3 38.0 50.7 63.3 76.0 20 13.3 26.7 40.0 53.3 66.7 80.0 3. Sawn-to-size lumber is lumber uniformly sawn to the dressed size for surfaced lumber but not planed on the faces.

4. Rough lumber has not been surfaced. It differs from sawn-to-size lumber because rough lumber is oversized to allow for shrinkage or to allow surfacing.

History

• Authority: T.C.A. §§ 4-3-203 and 43-28-313.
• Administrative History: New rules filed May 24, 2022; effective August 22, 2022.

Tenn. Comp. R. & Regs. 0080-07-07-.06 STANDARD LUMBER SIZES

(1) The nominal and actual thickness and width of graded lumber is the same as lumber graded according to American Softwood Lumber Standard Table 4.

August, 2022 8 Table 4 Nominal and Minimum Actual Thickness and Width Minimum Thickness (inches) Minimum Width (inches)

Surfaced or Sawn-to-Size Rough Surfaced or Sawn-to-Size Rough Nominal Thickness Dry Green Dry Green (suggested)

Nominal Width Dry Green Dry Green (suggested) 2 1 1/2 1 9/16 1 5/8 1 11/16 2 1 1/2 1 9/16 1 5/8 1 11/16 2 ½ 2 2 1/16 2 1/8 2 1/4 2 ½ 2 2 1/16 2 1/8 2 1/4 3 2 1/2 2 9/16 2 5/8 2 3/4 3 2 1/2 2 9/16 2 5/8 2 3/4 3 ½ 3 3 1/16 3 1/8 3 1/4 3 ½ 3 3 1/16 3 1/8 3 1/4 4 3 1/2 3 9/16 3 5/8 3 13/16 4 3 1/2 3 9/16 3 5/8 3 13/16 4 ½ 4 4 1/16 4 1/8 4 5/16 4 ½ 4 4 1/16 4 1/8 4 5/16 5 4 1/2 4 5/8 4 5/8 4 13/16 6 5 1/2 5 5/8 5 5/8 5 7/8 8 7 1/4 7 1/2 7 3/8 7 3/4 10 9 1/4 9 1/2 9 3/8 9 3/4 12 11 1/4 11 1/2 11 3/8 11 7/8 14 13 1/4 13 1/2 13 3/8 13 15/16 16 15 1/4 15 1/2 15 3/8 16 (2) Lumber shall be six feet and longer and be in two-foot length increments unless the purchase agreement specifically stipulates different lengths.

(3) Lumber should have clean, sound ends but it does not have to be double-end-trimmed to precise length. If not double-end-trimmed, there should be sufficient overlength to allow square end-trimming the lumber to its nominal length.

History

• Authority: T.C.A. §§ 4-3-203 and 43-28-313.
• Administrative History: New rules filed May 24, 2022; effective August 22, 2022.

Tenn. Comp. R. & Regs. 0080-07-07-.07 TALLY

Lumber volume is measured in Board Feet, which is a unit equal to a piece one inch thick and one-foot square. Lumber volume can be tallied as:

(1) Board Feet (BF) = (nominal thickness [inches] x nominal width [inches] x standard length [feet])/12.

(2) Fractions can be rounded to the nearest 1/10 th of a board foot. Table 3 lists some board foot volumes for lumber of common sizes.

History

• Authority: T.C.A. §§ 4-3-203 and 43-28-313.
• Administrative History: New rules filed May 24, 2022; effective August 22, 2022. August, 2022 9

Tenn. Comp. R. & Regs. 0080-07-07-.08 SELLING AND USING CERTIFIED LUMBER

(1) The sawmill providing graded lumber shall provide a written summary that includes the following information:

(a) A declaration that the lumber has been graded by a certified grader.

(b) The name of the wood species, and its design value group as shown on Table 5.

Table 5 Design Values of Species Groups for #2 and Better Grade (c) The quantity of lumber, the date it was cut and graded, and the name of the grader and the sawmill.

(d) The size (nominal or actual), whether it is rough-sawn or surface/planed, and the moisture content of the lumber when graded.

(2) Upon request, the end user shall provide a copy of the summary, and information about the design values of the lumber shown on Table 5 based on its designated species group shown on Table 6.

Table 6 Species Groups and Component Species, including Species not in the National Design Supplement (*TN Species)

Species Group Common Name Scientific Name Grading Agency*** Baldcypress Baldcypress Taxodium distichum SPIB Beech - Birch - Hickory American Beech Fagus grandifolia NELMA Bitternut Hickory Carya cordiformis Mockernut Hickory Carya tomentosa Species Group Name Desi gn Values (psi)

Specific Gravit y Bending Tension Parallel to Grain Shear Parallel to Grain Compression Perpendicular to Grain Compression Parallel to Grain Modulus of Elasticity F b F t F v F c ꓕ F c‖ E E min G (od m/v)

Bald C ypress 825 450 160 615 900 1,300,000 470,000 0.47 Beech- Birch- Hickor y 1,000 600 195 715 750 1,500,000 550,000 0.71 Cottonwood 625 350 125 320 475 1,100,000 400,000 0.41 Eastern Softwoods 575 275 140 335 825 1,100,000 400,000 0.36 Mixed Maple 700 425 195 620 550 1,100,000 400,000 0.55 Mixed Oak 800 475 170 800 625 900,000 330,000 0.68 Mixed Southern Pine 750 450 175 565 1,250 1,400,000 510,000 0.51 Yellow Poplar 700 400 145 420 575 1,300,000 470,000 0.43 August, 2022 10 Nutmeg Hickory Carya myristiciformis Pecan Hickory Carya illinoinensis Pignut Hickory Carya glabra Shagbark Hickory Carya ovata Shellbark Hickory Carya laciniosa Sweet Birch Betula lenta Water Hickory Carya aquatica Yellow Birch Betula alleghaniensis Black Walnut Juglans nigra *TN Species Black Locust Robinia pseudoacacia Honeylocust Gleditsia triacanthos Cottonwood Cottonwood Populus deltoides NSLB Basswood Tilia americana *TN Species Eastern Softwoods Balsam Fir Abies balsamea NELMA, NSLB Black Spruce Picea mariana Eastern Hemlock Tsuga canadensis Eastern White Pine Pinus strobus Jack Pine Pinus banksiana Red Pine Pinus resinosa Pitch Pine Pinus rigida Red Spruce Picea rubens Tamarack Larix laricina White Spruce Picea glauca Mixed Maple Black Maple Acer nigrum NELMA Red Maple Acer rubrum Silver Maple Acer saccharinum Sugar Maple Acer saccharum Sycamore Platanus occidentalis *TN Species Black Tupelo Nyssa sylvatica Water Tupelo Nyssa aquatica Southern Magnolia Magnolia grandiflora Cucumbertree Magnolia acuminata Hackberry Celtis occidentalis American Elm Ulmus americana Rock Elm Ulmus thomasii Slippery Elm Ulmus rubra Black Cherry Prunus serotina August, 2022 11 Mixed Oak Black Oak Quercus velutina NELMA Cherrybark Oak Quercus falcata var. pagodaefolia Northern Red Oak Quercus rubra Southern Red Oak Quercus falcata Laurel Oak Quercus laurifolia Pin Oak Quercus palustris Scarlet Oak Quercus coccinea Water Oak Quercus nigra Chestnut Oak Quercus prinus Live Oak Quercus virginiana Post Oak Quercus stellata Swamp Chestnut Oak Quercus michauxii White Oak Quercus alba Bur Oak Quercus macrocarpa Overcup Oak Quercus lyrata Swamp White Oak Quercus bicolor Mixed Southern Pine Longleaf Pine Pinus palustris SPIB Slash Pine Pinus elliotti Shortleaf Pine Pinus echinata Loblolly Pine Pinus taeda Pond Pine Pinus serotina Virginia Pine Pinus virginiana Yellow Poplar Yellow Poplar Liriodendron tulipifera NSLB Sweetgum Liquidambar styraciflua *TN Species Honeylocust Gleditsia triacanthos Blue Ash Fraxinus quadrangulata Black Ash Fraxinus nigra Green Ash Fraxinus pennsylvanica White Ash Fraxinus americana

History

• Authority: T.C.A. §§ 4-3-203 and 43-28-313.
• Administrative History: New rules filed May 24, 2022; effective August 22, 2022.

Chapter 0080-08-01 Commodity Sales and Fees

Tenn. Comp. R. & Regs. 0080-08-01-.01 METHOD OF SALE OF COMMODITIES

The department adopts by reference, as if fully stated herein, the standards titled “Uniform Regulation for the Method of the Sale of Commodities” as published in the National Institute of Standards and Technology (NIST) Handbook 130 issued by the U.S. Department of Commerce, as it may be amended from time to time, provided that its Sections 2.19 Kerosene and 2.20 Gasoline-Oxygenate Blends are not adopted and shall not apply to methods of sale regulated by the department.

History

• Authority: T.C.A. §§ 4-3-203 and 47-26-909.
• Administrative History: Original rule filed March 23, 2016; effective June 21, 2016.

Tenn. Comp. R. & Regs. 0080-08-01-.02 WEIGHTS AND MEASURES EQUIPMENT FEES

Annual fee requirements for commercial weighing and measuring equipment in the state are assessed according to T.C.A. § 43-1-703(f), and are as follows:

(1) Liquid measuring equipment.

(a) Regular Flow. Regular flow means liquid measuring equipment kept or used for measuring liquids sold at retail. A regular flow device is rated by its manufacturer as capable of measuring volumes dispensed at a rate less than 20 gallons per minute, or the metric equivalent. The fee for regular flow liquid measuring devices is based on the number of grade selection buttons at the facility, as follows:

1. 1 – 6 grade selection buttons: Tier 1 fee;

2. 7 – 12 grade selection buttons: Tier 2 fee;

3. 13 – 18 grade selection buttons: Tier 3 fee;

4. 19 – 24 grade selection buttons: Tier 4 fee;

5. 25 – 30 grade selection buttons: Tier 5 fee;

6. 31 – 36 grade selection buttons: Tier 6 fee;

7. 37 – 54 grade selection buttons: Tier 7 fee;

8. 55 – 78 grade selection buttons: Tier 9 fee;

9. More than 78 grade selection buttons: Tier 10 fee.

June, 2016 2 (b) High Flow. High flow means liquid measuring equipment kept or used for measuring liquids sold at retail. A high flow device is rated by its manufacturer as capable of measuring volumes dispensed at a rate greater than or equal to 20 gallons per minute, or the metric equivalent.

1. 1 – 6 dispensers: Tier 3 fee;

2. More than 6 dispensers: Tier 6 fee.

(c) Liquefied Products. Liquefied products refer to liquid measuring equipment kept or used for measuring the following liquids sold at retail.

1. Liquefied Petroleum Gas Measuring Equipment: Tier 3 fee per meter;

2. Liquefied Natural Gas Measuring Equipment: Tier 6 fee per meter.

(d) Bulk Meters. The following fees apply to liquid measuring equipment kept or used for measuring liquids sold in non-retail transactions and liquid measuring meters mounted on vehicles.

1. Liquefied Petroleum Gas Bulk Meter: Tier 3 fee per meter;

2. Mass Flow Meter: Tier 11 fee per meter;

3. Vehicle Tank Meter: Tier 3 fee per meter;

4. Liquid Measuring Equipment – Wholesale, ≤ 100 gallons/minute: Tier 3 fee per meter. Fees under this part apply to equipment rated by its manufacturer as capable of measuring volumes dispensed at a rate less than or equal to 100 gallons per minute, or the metric equivalent;

5. Liquid Measuring Equipment – Wholesale, > 100 gallons/minute: Tier 4 fee per meter. Fees under this part apply to equipment rated by its manufacturer as capable of measuring volumes dispensed at a rate greater than 100 gallons per minute, or the metric equivalent.

(2) Gaseous material measuring equipment. The following fees apply to devices kept or used for measuring gaseous materials sold in retail or non-retail transactions.

Compressed Natural Gas Measuring Equipment: Tier 6 fee per meter.

(3) Scales. The following fees are payable based on the number of scales used or kept in commerce.

(a) Small Scales. Small scales mean weighing equipment rated by its manufacturer as capable of weighing up to 2,500 pounds, or the metric equivalent.

1. 1 – 5 small scales: Tier 1 fee;

2. 6 – 20 small scales: Tier 4 fee;

3. More than 20 small scales: Tier 6 fee.

(b) Large Scales. Large scales mean weighing equipment rated by its manufacturer as capable of weighing 2,500 pounds or more, or the metric equivalent.

June, 2016 3 1. 1 – 2 large scales: Tier 4 fee;

2. More than 2 large scales: Tier 6 fee.

History

• Authority: T.C.A. §§ 4-3-203, 43-1-703, and 47-26-909.
• Administrative History: Original rule filed March 23, 2016; effective June 21, 2016.

Chapter 0080-08-02 Certified Public Weighers

Tenn. Comp. R. & Regs. 0080-08-02-.01 LICENSE APPLICATION AND FEES

(1) Application for issuance of any license under this chapter shall be made on forms provided by the department, which shall be completed in full and shall include:

(a) Name of the applicant;

(b) Contact information for applicant, to include telephone number, email address, employer, if any, and employer’s telephone number and address.

(2) Licensees shall notify the department in writing of any changes to the information or contents of an application within 30 days after the change takes place.

(3) The fee for a certified public weigher license is a Tier 1 annual fee under T.C.A. § 43-1- 703(f).

(4) An applicant for licensure under this chapter shall remit its application and annual license fee to the department on or before July 1 of each year. All licenses issued under this chapter shall expire on June 30 following their issuance. If an applicant for renewal fails to remit payment of the license fee on or before July 16 of the licensure year for which renewal is sought, the applicant shall also be required to pay a late charge assessed under T.C.A. § 43- 1-703 prior to renewal of the applicant’s license.

(5) The department may deny any application for licensure that is not completed in accordance with this rule.

History

• Authority: T.C.A. §§ 4-3-203, 43-1-703, 47-26-805, and 47-26-806.
• Administrative History: Original rule filed March 23, 2016; effective June 21, 2016. Amendments filed March 30, 2017; effective June 28, 2017.

Tenn. Comp. R. & Regs. 0080-08-02-.02 RECORD OF SHIPMENT

(1) A certified public weigher shall prepare a record of shipment for any natural resource product sold by a producer or supplier. The certified public weigher shall prepare the record of shipment in writing prior to shipment of the natural resource product to its purchaser. The record of shipment shall contain the following information:

(a) Signature of the certified public weigher;

(b) Seal of the certified public weigher;

(c) Name of the supplier or producer;

(d) Name of the purchaser;

(e) Date of the transaction;

(f) Gross vehicular weight;

(g) License number(s) for the truck(s) on which the product is shipped; and (h) The number of axles on each respective truck.

(2) For each facility where a certified public weigher operates a scale or weight recording equipment, the certified public weigher shall maintain:

(a) A file listing of all trucks weighed at the facility within the previous 12 months. For each truck included in the listing, the certified public weigher shall record the license number and the number of axles on the truck; and (b) A copy of each record of shipment prepared by the certified public weigher within the previous 12 months.

History

• Authority: T.C.A. §§ 4-3-203 and 47-26-805.
• Administrative History: Original rule filed March 23, 2016; effective June 21, 2016.

Chapter 0080-08-03 Public Weighmasters

Tenn. Comp. R. & Regs. 0080-08-03-.01 LICENSE APPLICATION AND FEES

(1) Application for issuance of any license under this chapter shall be made on forms provided by the department, which shall be completed in full and shall include:

(a) Name of the applicant;

(b) Contact information for applicant, to include telephone number, email address, employer, if any, and employer’s telephone number and address; and (c) Proof of qualifications for a public weighmaster license.

(2) Licensees shall notify the department in writing of any changes to the information or contents of an application within 30 days after the change takes place.

(3) The fee for a public weighmaster license is a Tier 1 annual fee under T.C.A. §43-1-703(f), provided that the license fee shall be waived for any applicant holding licensure from the department as a milk sampler or tester and any applicant who is employed exclusively by a licensed dairy products plant, trade products plant, or frozen dessert manufacturer regulated under the Dairy Law of the State of Tennessee.

(4) An applicant for licensure under this chapter shall remit its application and annual license fee to the department on or before July 1 of each year. Unless issued under an alternative method pursuant to T.C.A. § 47-26-1010, all licenses issued under this chapter shall expire on June 30 following their issuance. If an applicant for renewal fails to remit payment of the license fee on or before July 31 of the licensure year for which renewal is sought, and no later than 30 days following expiration of the license if issued under an alternative method, the applicant shall also be required to pay a $25 late charge prior to renewal of the applicant’s license.

(5) The department may deny any application for licensure that is not completed in accordance with this rule.

History

• Authority: T.C.A. §§ 4-3-203, 43-1-703, 47-26-1003, 47-26-1008, and 47-26-1010.
• Administrative History: Original rule filed March 23, 2016; effective June 21, 2016. Amendments filed March 30, 2017; effective June 28, 2017.

Tenn. Comp. R. & Regs. 0080-08-03-.02 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 47-26-1003.
• Administrative History: Original rule filed March 23, 2016; effective June 21, 2016. Repeal filed March 30, 2017; effective June 28, 2017.

Chapter 0080-08-04 Servicepersons and Serviceperson Agencies

Tenn. Comp. R. & Regs. 0080-08-04-.01 REGISTRATION APPLICATION AND FEES

(1) Application for registration as a serviceperson under this chapter shall be made on forms provided by the department, which shall be completed in full and shall include:

(a) Name of the applicant;

(b) Contact information for applicant, to include telephone number, email address, employer, if any, and employer’s telephone number and address;

(c) Proof of the applicant’s registration in its state of incorporation, registration with the Tennessee Department of Revenue, or business license issued by a local governmental authority, if applicable;

(d) Name and address of applicant’s registered agent for service of process, if any.

(e) Certification by the applicant that the individual or agency is fully qualified to install, service, repair, or recondition whatever devices for the service of which applicant’s competence is being registered;

(f) Certification by the applicant that the individual or agency has in possession or available for use, and shall use, all necessary testing equipment and standards, and proof that such testing equipment and standards have been certified by the department or by another state weights and measures laboratory that can show current traceability to the National Institute of Standards and Technology;

(g) Certification by the applicant that the individual or agency has full knowledge of all appropriate weights and measures laws, orders, rules, and regulations, and has a copy of the most recent edition of the National Institute of Standards and Technology (NIST)

Handbook 44, or any subsequent document that replaces it; and (h) Proof of qualifications for a serviceperson registration.

(2) Registrants shall notify the department in writing of any changes to the information or contents of an application within 30 days after the change takes place.

(3) The fee for a serviceperson registration is a Tier 1 annual fee under T.C.A. § 43-1-703(f).

(4) The fee for a service agency registration is a Tier 2 annual fee under T.C.A. § 43-1-703(f).

(5) Certificates of registration issued under this chapter shall expire on June 30, 24 months following their issuance. Annual fees for serviceperson or service agency registrations shall be paid to the department on or before July 1 of each year. Failure to pay annual fees for a registration by the following July 16 shall result in assessment of a late charge under T.C.A. § 43-1-703. If an applicant for renewal incurs a late charge following expiration of his registration, the applicant shall not be eligible for renewal of his registration until all annual fees and late charges are satisfied to the department. If a current certificate holder incurs a late charge during his current registration period, the holder shall remit payment of all annual fees and late charges to the department on or before the following August 30 or be subject to revocation of his registration for good cause under T.C.A. § 47-26-1112.

(6) The department may deny any application for registration that is not completed in accordance with this rule.

History

• Authority: T.C.A. §§ 4-3-203, 43-1-703, 47-26-1104, 47-26-1105, 47-26-1110, and 47-26-1117.
• Administrative History: Original rule filed March 23, 2016; effective June 21, 2016. Amendments filed March 30, 2017; effective June 28, 2017.

Tenn. Comp. R. & Regs. 0080-08-04-.02 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 47-26-1117.
• Administrative History: Original rule filed March 23, 2016; effective June 21, 2016. Repeal filed March 30, 2017; effective June 28, 2017.

Chapter 0080-09-01 Classification and Management of Pesticides

Tenn. Comp. R. & Regs. 0080-09-01-.01 SCOPE

(1) Classification of pesticides under this chapter applies for construction and interpretation of the Tennessee Insecticide, Fungicide, and Rodenticide Act and the aerial application of pesticides law, compiled at Tennessee Code title 43, chapter 8; the Tennessee Application of Pesticides Act of 1978, compiled at Tennessee Code title 62, chapter 21; and all rules of the department.

(2) Unless the context requires otherwise, pesticide without reference to a particular pesticide classification means any general use or restricted use pesticide.

History

• Authority: T.C.A. §§ 4-3-203, 43-8-106, 43-8-302, and 62-21-118.
• Administrative History: Original rule filed April 1, 2016; effective June 30, 2016. Amendments filed September 27, 2021; effective December 26, 2021.

Tenn. Comp. R. & Regs. 0080-09-01-.02 CLASSIFICATION OF PESTICIDES

(1) General use pesticide is any pesticide other than a restricted use pesticide.

(2) Restricted use pesticide is any pesticide identified as a restricted use pesticide either on its label approved by EPA or its registration issued by the department.

History

• Authority: T.C.A. §§ 4-3-203, 43-8-106, 43-8-302, and 62-21-118.
• Administrative History: New rules filed September 27, 2021; effective December 26, 2021.

Tenn. Comp. R. & Regs. 0080-09-01-.03 PESTICIDE MANAGEMENT AND DISPOSAL

(1) Pesticides shall be maintained in a manner consistent with their labeling.

(2) Unless otherwise provided by their labeling, (a) Pesticides shall be maintained in containers or structures that are liquid tight; protected from damage by weather, personnel, and equipment; and secured from accidental spills, leakage, and washing;

(b) Pesticide spills, leakage, and washing shall be cleaned on the same day they occur unless a delay is necessary to protect human health. Cleanup must be conducted in a manner reasonably calculated to maximize pesticide recovery and to protect the public health and safety; and, (c) Pesticide transfers from one container to another must be attended at all times by a person certified by the department for the application of pesticides.

(3) The requirements of this rule will be interpreted and applied in a manner consistent with the applicable pesticide label, federal guidance regarding pesticide use and registration, and 40 C.F.R. §165, Subparts A and E.

History

• Authority: T.C.A. §§ 4-3-203, 43-8-106, 43-8-302, and 62-21-118.
• Administrative History: New rules filed September 27, 2021; effective December 26, 2021.

Chapter 0080-09-02 Service Categories and Testing

Tenn. Comp. R. & Regs. 0080-09-02-.01 SCOPE

This chapter applies to any person who applies for or is required to have a pesticide license or certification issued under the Tennessee Insecticide, Fungicide, and Rodenticide Act or the Tennessee Application of Pesticides Act of 1978.

History

• Authority: T.C.A. §§ 4-3-203, 43-8-106, 43-8-302, and 62-21-118.
• Administrative History: Original rule filed April 1, 2016; effective June 30, 2016. Amendments filed September 27, 2021; effective December 26, 2021.

Tenn. Comp. R. & Regs. 0080-09-02-.14 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 4-5-208, 43-8-106, and 62-21-118.
• Administrative History: Emergency rules filed May 15, 2020; effective through November 11, 2020. Emergency rules expired effective November 12, 2020, and the rules reverted to their previous statuses. Repeal filed September 27, 2021; effective December 26, 2021.

Tenn. Comp. R. & Regs. 0080-09-02-.0 9 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-8-106, and 62-21-118.
• Administrative History: Original rule filed April 1, 2016; effective June 30, 2016. Repeal filed September 27, 2021; effective December 26, 2021.

Tenn. Comp. R. & Regs. 0080-09-02-.10 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-8-106, and 62-21-118.
• Administrative History: Original rule filed April 1, 2016; effective June 30, 2016. Repeal filed September 27, 2021; effective December 26, 2021.

Tenn. Comp. R. & Regs. 0080-09-02-.11 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-8-106, and 62-21-118.
• Administrative History: Original rule filed April 1, 2016; effective June 30, 2016. Repeal filed September 27, 2021; effective December 26, 2021.

Tenn. Comp. R. & Regs. 0080-09-02-.12 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-1-703, 43-8-104, 43-8-106, and 62-21-118.
• Administrative History: Original rule filed April 1, 2016; effective June 30, 2016. Repeal filed September 27, 2021; effective December 26, 2021.

Tenn. Comp. R. & Regs. 0080-09-02-.13 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 4-3-204, 43-8-106, and 62-21-118.
• Administrative History: Original rule filed April 24, 2018; effective July 23, 2018. Amendment filed August 7, 2019; effective November 5, 2019. Repeal filed September 27, 2021; effective December 26, 2021.

Chapter 0080-09-03 Pesticide Registration, Distribution, and Sales

Tenn. Comp. R. & Regs. 0080-09-03-.03 PESTICIDE REGISTRATIONS

(1) A person shall not distribute, sell, or offer for sale pesticides within the state unless the pesticide is registered with the department or the person or product is exempt from registration under the Act.

(2) Application for registration shall be made on forms provided by the department, which shall be completed in full and may include:

(a) Name of the registrant;

(b) Date of birth of any registrant who is an individual or a partner in a general partnership;

(c) Proof of one of the following for any registrant who is not an individual or a partner in a general partnership:

1. Entity registration in its state of incorporation; or, 2. Entity’s business license issued by a local governmental authority;

(d) Contact information for registrant, to include name of person legally responsible for applicant’s operations, telephone number, email address, and address of the principal place of business;

(e) Address of any location used by registrant in the manufacture, sale, holding, or distribution of pesticides;

(f) Pesticide name and copy of its label; and, (g) Other information as required by the department or the Act.

(3) Registrants shall notify the department of any changes to the information or contents of an application within 30 days after the change takes place.

(4) Registrants shall include with their application payment of a fee as appropriate for the following.

(a) Pesticide Manufacturer Registration. A pesticide manufacturer registration is required per pesticide product for any person who produces a pesticide that is packaged and sold, offered for sale, distributed, or transported in commerce within the state.

Applicants shall submit with their application a pesticide registration statement in accordance with the Act. The fee for a pesticide manufacturer registration is a Tier 5 annual fee under T.C.A. § 43-1-703(f). Pesticide manufacturer registrations expire on June 30 following their issuance. Applicants for renewal shall submit the appropriate annual fee to the department on or before July 1 of each year. If an applicant for renewal fails to pay the annual fee by the following July 16, the applicant shall also be required to pay a late charge under T.C.A. § 43-1-703 prior to renewal of the applicant’s registration.

(b) 24-C Label Registration. A 24-C is a special local needs label for use of a pesticide not otherwise permitted or controlled by the pesticide’s federally approved label. A 24-C label operates as a supplemental label and is binding on the pesticide’s use within the state. A 24-C label is read in conjunction with and not in lieu of the federally approved label; however, for any conflicting provisions between the two labels, the 24-C label shall control. Any person holding a pesticide manufacturer regis tration may request a 24-C label for the registered pesticide. 24-C label registrations expire five years from their date of issuance. The fee for a 24-C label registration is a Tier 6 fee under T.C.A. § 43-1-703(f).

(5) The department may deny any application for a registration that is not completed in accordance with this rule.

History

• Authority: T.C.A. §§ 4-3-203, 43-8-104, 43-8-106, and 43-8-113.
• Administrative History: New rules filed September 27, 2021; effective December 26, 2021.

Tenn. Comp. R. & Regs. 0080-09-03-.04 PESTICIDE DEALERS

(1) A pesticide dealer license is required per person per location where restricted use pesticides are sold or offered for sale within the state. The fee for a pesticide dealer license is a Tier 2 annual fee under T.C.A. § 43-1-703(f). Pesticide dealer licenses expire on June 30 following their issuance. Applicants for renewal shall submit the appropriate annual fee to the department on or before July 1 of each year. If an applicant for renewal fails to pay the annual fee by the following July 16, the applicant shall also be required to pay a late charge under T.C.A. § 43-1-703 prior to renewal of the license.

(2) Application for a pesticide dealer license shall be made on forms provided by the department, which shall be completed in full and may include:

(a) Name of the applicant;

(b) Date of birth of any applicant who is an individual or a partner in a general partnership;

(c) Proof of one of the following for any applicant who is not an individual or a partner in a general partnership:

1. Entity registration in its state of incorporation; or, 2. Entity’s business license issued by a local governmental authority;

(d) Contact information for applicant, to include name of person legally responsible for applicant’s operations, telephone number, email address, and address of the principal place of business;

(e) Address of location where restricted use pesticides are offered for sale;

(f) Proof of current Pesticide Dealer (C12) certification for at least one person employed by applicant; and, (g) Other information as required by the department or the Act.

(3) Applicants shall notify the department of any changes to the information or contents of an application within 30 days after the change takes place.

(4) Pesticide dealers must employ, per licensed location, at least one person who holds a Pesticide Dealer (C12) certification.

(a) Individual salespersons at a licensed location do not need individual C12 certification; however, the C12 certification holder and the dealer licensee shall be responsible for all sales of restricted use pesticides at the location and any associated violations of the Act or this chapter.

(Rule 0080-09-03-.0 4, continued)

(b) Pesticide dealers shall maintain the following records of restricted use pesticide sales for two years from the date of sale: name and certification number of the purchaser; name, EPA registration number, and amount of pesticide purchased; expiration date of the purchaser’s certification; and date of sale.

(5) The department may deny any application for a pesticide dealer license that is not completed in accordance with this rule.

History

• Authority: T.C .A. §§ 4-3-203, 43-8-106, and 43-8-113.
• Administrative History: New rules filed September 27, 2021; effective December 26, 2021.

Tenn. Comp. R. & Regs. 0080-09-03-.05 INSPECTIONS

(1) For any location or conveyance where the department has reason to believe a person is engaged in the business of manufacturing, selling, offering for sale, transporting, or distributing pesticides in commerce, the department may enter the location or conveyance at a time in accordance with the Act for the purpose of sampling substances or equipment; examining pesticides and records; and copying records as necessary to determine compliance with th e Act and this chapter.

History

• Authority: T.C.A. §§ 4-3-203 and 43-8-106.
• Administrative History: New rules filed September 27, 2021; effective December 26, 2021.

Tenn. Comp. R. & Regs. 0080-09-03-.0 6 VIOLATIONS

(1) In addition to other requirements of the Act and this chapter, pesticide dealer licensees and pesticide product registration holders shall:

(a) Maintain areas where pesticides are housed so as to be readily accessible for inspection;

(b) Maintain records required under this chapter so as to be readily available for inspection;

(c) Give full information as to the origin or destination of pesticides sold or offered for sale; and, (d) Manage and dispose of pesticides in a manner consistent with this division of rules.

(2) In addition to other requirements of the Act and this chapter, pesticide dealer licensees and pesticide product registration holders shall not:

(a) Sell, offer for sale, or distribute in commerce any pesticide without a pesticide dealer license and product registration required by this chapter;

(b) Knowingly provide any false, misleading, or incorrect information regarding the sale, offer for sale, or distribution of pesticides in commerce;

(c) Interfere with a representative of the department in the performance of his or her duties;

(d) Violate any order issued by the department; or, (e) Sell any restricted use pesticide to an uncertified purchaser.

(Rule 0080-09-03-.0 6, continued)

(3) A person shall not purchase a restricted use pesticide unless he or she is certified by the department for the application of restricted use pesticides.

(4) A person shall not use pesticide in a manner inconsistent with its labeling.

(5) A person is responsible for violations of the Act or this chapter when committed by either the person or his agent.

(6) Each violation of the Act or this chapter is grounds for issuance of stop sale or disposal orders for any pesticide held by the violator or his agent; denial or revocation of any registration, certification, or license issued by the department; actions for injunction; and imposition of civil penalties or criminal charges against the violator.

History

• Authority: T.C.A. §§ 4-3-203 and 43-8-106.
• Administrative History: New rules filed September 27, 2021; effective December 26, 2021.

Chapter 0080-09-04 Pesticide Applications

Tenn. Comp. R. & Regs. 0080-09-04-.01 SCOPE

(1) This chapter applies to any person who engages in the business of commercial pest control; who makes or supervises any pesticide application for which certification is required; or who inspects or supervises inspections of real property for issuance of a wood destroying insect infestation report.

(2) This chapter does not apply to sale or distribution of pesticides or to applications of pesticide for which no certification is required.

(3) Persons holding a charter, license, or certification issued under this chapter shall be responsible for operations under the charter, license, or certification until the document expires or until the department receives written notification from the holder requesting it be terminated. The department shall not refund fees for early termination of any charter, license, or certification issued under this chapter.

(4) Charters, licenses, and certifications issued under this chapter are not transferable from person to person.

History

• Authority: T.C.A. §§ 4-3-203 and 62-21-118.
• Administrative History: Original rule filed April 1, 2016; effective June 30, 2016. Amendments filed September 27, 2021; effective December 26, 2021.

Tenn. Comp. R. & Regs. 0080-09-04-.10 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 62-21-118.
• Administrative History: Original rule filed April 1, 2016; effective June 30, 2016. Repeal filed September 27, 2021; effective December 26, 2021.

Tenn. Comp. R. & Regs. 0080-09-04-.11 REPEALED

History

• Authority: T.C.A. §§ 4-3-203 and 62-21-118.
• Administrative History: Original rule filed April 1, 2016; effective June 30, 2016. Repeal filed September 27, 2021; effective December 26, 2021.

Tenn. Comp. R. & Regs. 0080-09-04-.12 REPEALED

History

• Authority: T.C.A. §§ 4-3-203, 43-1-703, 43-8-113, 62-21-111, 62-21-112, and 62-21-118.
• Administrative History: Original rule filed April 1, 2016; effective June 30, 2016. Repeal filed September 27, 2021; effective December 26, 2021.

Tenn. Comp. R. & Regs. 0080-09-04-.0 9 VIOLATIONS

(1) In addition to other requirements of this chapter, (a) Certified pesticide applicators shall maintain areas where pesticides and equipment are housed so as to be readily accessible for inspection;

(b) Certified pesticide applicators shall maintain records required under this chapter so as to be readily available for inspection;

(c) Certified pesticide applicators shall give full information as to the manner of any pesticide application and source of pesticides applied or pesticides held for application;

(d) Certified pesticide applicators shall manage and dispose of pesticides in a manner consistent with this division of rules;

(e) A person shall not apply pesticides for which certification is required unless certified or operating under direct supervision of a certified person. This provision does not limit stricter application requirements otherwise included in this chapter of rules;

(f) A person shall not authorize by direct supervision any application of pesticide unless certified in the category of service for which the pesticide is applied;

(g) A person shall not oversee the technical service work of a branch office unless licensed in the category of services for which pesticide services are advertised or applied;

(h) Certified pesticide applicators shall not apply or supervise applications of pesticide inconsistent with the pesticide’s label directions;

(i) Certified pesticide applicators shall not give less than complete treatments of pesticide unless:

1. The less than complete treatment is authorized by the pesticide’s label directions or state or federal law;

2. A complete treatment is ill-advised or prevented by physical conditions of the target area; or, 3. The property owner or tenant for whom the treatment is applied requests less than complete treatment;

(j) Certified pesticide applicators shall not falsify the presence of an insect pest or any portion of a record required under this chapter;

(k) Pesticide charter holders shall not employ any person as a solicitor or non-clerical employee unless the person is registered with the department;

(l) A person shall not knowingly provide any false, misleading, or incorrect information regarding the person’s sale, offer for sale, or distribution of pesticides in commerce;

(m) A person shall not interfere with a representative of the department in the performance of his or her duties; and, (n) Pesticide charter holders, licensed pest control operators, and certified pesticide applicators shall not violate any order issued by the department.

(2) Pesticide charter holders, licensed pest control operators, and certified pesticide applicators are responsible for violations of the Act or this chapter when committed by either the person or his agent.

(3) Each violation of the Act or this chapter is grounds for issuance of stop work or disposal orders for any pesticide held by the violator or his agent; denial or revocation of any charter, license, or certification issued by the department; actions for injunction; and imposition of civil penalties or criminal charges against the violator.

History

• Authority: T.C.A. §§ 4-3-203 and 62-21-118.
• Administrative History: Original rule filed April 1, 2016; effective June 30, 2016. Amendments filed September 27, 2021; effective December 26, 2021.

Chapter 0080-09-05 Worker Protection

Tenn. Comp. R. & Regs. 0080-09-05-.01 DEFINITIONS

Farm labor contractor means any person who does not own and is not responsible for the management or condition of an agricultural establishment; and who hires or contracts workers to perform activities related to the production of agricultural plants, in exchange for compensation of any kind.

History

• Authority: T.C.A. §§ 4-3-203, 43-8-106, and 62-21-118.
• Administrative History: Original rule filed April 1, 2016; effective June 30, 2016.

Tenn. Comp. R. & Regs. 0080-09-05-.02 WORKER PROTECTION STANDARDS (WPS)

The department adopts by reference, as if fully stated herein, the federal standards for labeling requirements for pesticides and devices and worker protection standards, compiled at 40 C.F.R. Part 156,

Subpart K, and Part 170.

History

• Authority: T.C.A. §§ 4-3-203, 43-8-106, and 62-21-118.
• Administrative History: Original rule filed April 1, 2016; effective June 30, 2016.

Tenn. Comp. R. & Regs. 0080-09-05-.03 WPS TRAINER REQUIREMENTS

(1) Persons currently certified as a private applicator of restricted use pesticides or as a commercial applicator in categories C01, C03, or C10 are exempt from the pesticide safety trainer requirements and may provide WPS training required in 40 C.F.R. § 170.130(d)(1) and § 170.230(c)(1).

(2) A trainer shall submit a signed roster to the Department verifying that workers and handlers have been trained according to the requirements of 40 C.F.R. § 170.130(d)(1) and § 170.230(c)(1). The roster shall include the following:

(a) The name, address, telephone number, and signature of the applicant; and, (b) The date of the training.

(3) The commissioner or designee shall be permitted to inspect places where WPS training is being held and to question trainers and attendees to determine compliance with the requirements of this rule.

(4) Any of the following may be grounds for suspension, revocation, or denial of WPS Trainer privileges:

(a) Failure to follow worker or handler training requirements detailed under 40 C.F.R. §§ 170.130(d)(1), (4); 170.230(c)(1), (4);

(b) Failure to maintain training information or to fulfill verification requirements detailed under paragraph (2) of this rule;

June, 2016 2 (c) Acting as a trainer without authorization; or, (d) Revocation, suspension, or denial of trainer authorization in any jurisdiction within the previous three years.

History

• Authority: T.C.A. §§ 4-3-203, 43-8-106, and 62-21-118.
• Administrative History: Original rule filed April 1, 2016; effective June 30, 2016.

Tenn. Comp. R. & Regs. 0080-09-05-.04 NOTICE TO FARM LABOR CONTRACTORS

(1) The owner or operator of an agricultural establishment shall provide the farm labor contractor who performs work on that agricultural establishment with:

(a) The location of the agricultural establishment’s central posting site; and, (b) Any restrictions on entering a treated area, as specified under 40 C.F.R. § 170.120(d), if a treated area is within 1/4 mile of a location where workers work and the treated area is not posted as required under 40 C.F.R. § 170.120(a)-(c).

(2) The farm labor contractor shall:

(a) Post or provide workers in writing with the information required under 40 C.F.R. § 170.122 or the specific location of the central posting site for each agricultural establishment on which the worker will be working; and, (b) Provide workers with restrictions on entering a treated area, as specified in 40 C.F.R. § 170.120(d), if the treated area is within 1/4 mile of a location where the worker will be working and the treated area is not posted as allowed or required under 40 C.F.R. § 170.120(a)-(c).

History

• Authority: T.C.A. §§ 4-3-203, 43-8-106, and 62-21-118.
• Administrative History: Original rule filed April 1, 2016; effective June 30, 2016.

Chapter 0080-09-06 Aerial Applications of Pesticides

Tenn. Comp. R. & Regs. 0080-09-06-.01 SCOPE

(1) This chapter applies to any person who applies pesticides through use of an aircraft.

(2) Persons licensed under this chapter shall be responsible for operations under their license until it expires or until the department receives written notification desiring it be terminated.

The department shall not refund fees for early termination of a license issued under this

chapter.

(3) Licenses issued under this chapter are not transferable from person to person or aircraft to aircraft.

History

• Authority: T.C.A. §§ 4-3-203, 4-5-208, 43-8-302, and 62-21-118.
• Administrative History: Emergency rule filed July 11, 2017; effective through October 1, 2017. Emergency rule expired effective October 2, 2017, and the rule reverted to its previous status. New rules filed September 27, 2021; effective December 26, 2021.

Tenn. Comp. R. & Regs. 0080-09-06-.02 DEFINITIONS

(1) Terms in this chapter share those meanings of terms set forth in T.C.A. § 43-8-301; and, (2) Act means T.C.A. §§ 43-8-301, et seq.

History

• Authority: T.C.A. §§ 4-3-203 and 43-8-302.
• Administrative History: New rules filed September 27, 2021; effective December 26, 2021.

Tenn. Comp. R. & Regs. 0080-09-06-.03 LICENSE APPLICATION AND FEES

(1) Unless exempted under the Act, an aerial application license is required for each pilot of each aircraft used in the application of a pesticide. Aerial application licenses are issued only to individuals and not formalized business entities.

(2) Application for an aerial application license shall be made on forms provided by the department, which shall be completed in full and may include:

(a) Name and date of birth of the applicant;

(b) Contact information for applicant, to include employer’s name, telephone number, email address, and address of the principal place of business;

(c) Address of charter holder’s office where licensee will be employed (applicable for those making custom applications of pesticide);

(Rule 0080-09-06-.0 3, continued)

(d) Proof of Federal Aviation Authority pilot’s license required under the Act;

(e) Proof of current pesticide certification in the applicable category of service;

(f) Proof of insurance required under the Act; and, (g) Other information as required by the department.

(3) Licensees shall notify the department of any changes to the information or contents of an application within 30 days after the change takes place.

(4) The fee for an aerial application license is a Tier 5 annual fee under T.C.A. § 43-1-703(f). The fee for an aerial decal is a Tier 4 annual fee. Aerial application license and decal fees are not prorated.

(5) All aerial application licenses and decals expire on June 30 following their issuance.

Applicants for renewal shall submit the appropriate fees and required application materials to the department on or before July 1 of the year in which the license expires.

(a) If an applicant for renewal fails to pay required fees or to provide required application materials on or before July 16 following expiration of the license, the applicant shall also be required to pay a late charge assessed under T.C.A. § 43-1-703 prior to renewal of the applicant’s license.

(b) Lapse of insurance or certification at any time shall result in immediate expiration of the license. The licensee shall be afforded a grace period of 30 days to submit proof of valid insurance to the department without accrual of charges to reinstate the license.

Following the grace period, the firm shall be required to obtain a new aerial application license and pay all associated fees in order to operate as an aerial applicator.

(6) The department may deny any application for a license that is not completed in accordance wi th this rule.

History

• Authority: T.C.A. §§ 4-3-203 and 43-8-302.
• Administrative History: New rules filed September 27, 2021; effective December 26, 2021.

Tenn. Comp. R. & Regs. 0080-09-06-.04 RECORDS

(1) Records of aerial application of pesticide shall be made and maintained in accordance with the Act.

History

• Authority: T.C.A. §§ 4-3-203 and 43-8-302.
• Administrative History: New rules filed September 27, 2021; effective December 26, 2021.

Tenn. Comp. R. & Regs. 0080-09-06-.05 INSPECTIONS

(1) For any location where the department has reason to believe a person is engaged in preparation or conduct of aerial applications of pesticide, the department may enter the location at a time in accordance with the Act for the purposes of sampling; examining equipment, pesticides, and application sites; and examining and copying records, as necessary to determine compliance with the Act and this chapter.

History

• Authority: T.C.A. §§ 4-3-203 and 43-8-302.
• Administrative History: New rules filed September 27, 2021; effective December 26, 2021.

Tenn. Comp. R. & Regs. 0080-09-06-.06 VIOLATIONS

(1) Requirements of aerial application licensees.

(a) In addition to other requirements of the Act and this chapter, licensees shall:

1. Maintain areas where pesticides and equipment are housed so as to be readily accessible for inspection;

2. Maintain records required under this chapter so as to be readily available for inspection;

3. Give full information as to the manner of any pesticide application and source of pesticides applied or pesticides held for application; and, 4. Manage and dispose of pesticides in a manner consistent with this division of rules.

(b) In addition to other requirements of the Act and this chapter, licensees shall not:

1. Apply pesticides for which certification is required unless certified in the applicable category of service;

2. Authorize an aerial application of pesticide by an unlicensed person even if under the direct supervision of a licensee;

3. Apply pesticide in a manner inconsistent with label directions;

4. Falsify the presence of an insect pest or any portion of a record required under th is chapter;

5. Knowingly provide any false, misleading, or incorrect information regarding the person’s sale, offer for sale, or distribution of pesticides in commerce;

6. Interfere with a representative of the department in the performance of his or her duties; or, 7. Violate any order issued by the department.

(2) A person is responsible for violations of the Act or this chapter when committed by either the person or his agent.

(3) Each violation of the Act or this chapter is grounds for issuance of stop work or disposal orders for any pesticide held by the violator or his agent; denial or revocation of any charter, license, or certification issued by the department; actions for injunction; and imposition of civil penalties or criminal charges against the violator.

History

• Authority: T.C.A. §§ 4-3-203 and 43-8-302.
• Administrative History: New rules filed September 27, 2021; effective December 26, 2021.

Chapter 0080-10-01 Hemp Producers

Tenn. Comp. R. & Regs. 0080-10-01-.01 SCOPE

(1) This chapter applies to any person who possesses rooted hemp or who cultivates cannabis for introduction into commerce.

(2) The department shall not refund fees for early termination of any license issued under this

chapter.

(3) Licenses under this chapter are not transferable from person to person or location to location.

History

• Authority: T.C.A. §§ 4-3-203 and 43-27-104.
• Administrative History: New rules filed September 27, 2024; effective December 26, 2024.

Tenn. Comp. R. & Regs. 0080-10-01-.02 DEFINITIONS

(1) Terms in this chapter share those meanings of terms in T.C.A. §§ 43-27-101, et seq.

(2) When used in this chapter, unless the context requires otherwise:

(a) Act means T.C.A. §§ 43-27-101, et seq.;

(b) Cannabis means any plant or any part of a plant of the genera Cannabis and includes hemp;

(c) Certificate of Analysis (COA) means a written document from a laboratory that meets USDA standards for testing of hemp samples, and which communicates the results of those tests performed;

(d) Commerce or similar words mean involving payment for an item or payment for services incident to production of the item;

(e) Cultivate or similar words mean to foster the growth of plant material and includes growing and cloning;

(f) Growing area means a contiguous area in a field, greenhouse, or indoor growing structure containing the same variety or strain of cannabis throughout the area;

(g) Harvest means to gather, in any manner, cannabis material from rooted plants and to transport it from the property where it was cultivated;

(h) In a manner similarly reliable to post-decarboxylation means a manner sufficient to quantify by percentage the resulting THC of a sample if carboxyl groups are removed December, 2024 2 from all molecules containing THC within the sample. A manner similarly reliable to postdecarboxylation is shown by a post-decarboxylation THC value equal to the sum of the sample’s THC percentage plus the product of its delta-9 tetrahydrocannabinolic acid (THCa) percentage and 0.877;

(i) Move, transport, or similar words mean to relocate in any manner an item from one real property to another;

(j) Person means an individual, partnership, corporation, or any other form of legal entity;

(k) Sample means to take plant material or the plant material taken from a location used to cultivate cannabis;

(l) Stop movement order means a written directive issued by the department to prohibit or to limit the movement of plants or plant parts; and, (m) USDA means United States Department of Agriculture.

History

• Authority: T.C.A. §§ 4-3-203 and 43-27-104.
• Administrative History: New rules filed September 27, 2024; effective December 26, 2024.

Tenn. Comp. R. & Regs. 0080-10-01-.03 LICENSE APPLICATION AND FEES

(1) A hemp producer license is required per person per location for any person who possesses rooted hemp or who cultivates cannabis for introduction into commerce. The hemp producer license authorizes the producer to sell harvested hemp as an unprocessed commodity to wholesalers and distributors. If a hemp producer alters harvested hemp beyond its form as a farm commodity (e.g., by trimming, filtering, or packaging the crop for its component parts) or offers harvested hemp for retail sale, the producer must also have an HDC supplier license and HDC retail license, as appropriate, under Tenn. Comp. R. & Regs. 0080-10-02 and 0080- 10-03.

(2) Applicants for a hemp producer license must submit required information on forms provided by the department, which may include:

(a) Name of the applicant;

(b) Date of birth of any applicant who is an individual or a partner in a general partnership;

(c) Proof of registration in its state of incorporation for any applicant that is a formalized business entity;

(d) Contact information for applicant, to include name of person legally responsible for applicant’s operations, telephone number, email address, and address of principal place of business;

(e) Address of location to be licensed;

(f) Acreage and perimeter description for each growing area at the location to be licensed;

(g) Global Positioning System coordinates for the central most point of each growing area at the location to be licensed;

(h) A nationwide criminal background check, facilitated through the Tennessee Bureau of Investigation, for the person identified as legally responsible for applicant’s operations; and, December, 2024 3 (i) Other information as required by the department.

(3) Licensees must notify the department of any changes to the contents of their application on file within 30 days after the change takes place, including but not limited to any change of contact information, growing areas, or planting of new hemp crops.

(4) Applicants must include with their application payment of an annual hemp producer license fee, calculated as follows:

(a) Cumulative growing areas less than five acres: $250;

(b) Cumulative growing areas of five to 20 acres: $300;

(c) Cumulative growing areas of more than 20 acres: $350; and, (d) License fees are waived for any accredited college or university that offers programs of study in agricultural sciences and that is seeking licensure for growing areas on its college or university property.

(5) Hemp producer licenses expire on June 30 of the licensing cycle for which they are issued.

Applicants for renewal must submit to the department on or before the following July 1 the hemp producer license fee, application for licensure, and an updated criminal background check for the person identified as legally responsible for applicant’s operations. If an applicant for renewal fails to pay the annual license fee by July 16 following expiration, the applicant must also pay a late charge under T.C.A. § 43-1-703 prior to renewal of the applicant’s license.

(6) The department may deny any application for licensure that is not completed in full or that is not completed in conformance with this rule.

History

• Authority: T.C.A. §§ 4-3-203, 43-1-703, and 43-27-104.
• Administrative History: New rules filed September 27, 2024; effective December 26, 2024.

Tenn. Comp. R. & Regs. 0080-10-01-.04 TRANSPORTATION

Any licensee moving rooted hemp or other cannabis shall have in their immediate possession a copy of the hemp producers’ license(s) from which the cannabis originated and a copy of the certificate(s) of analysis for the growing area and crop that produced the cannabis.

History

• Authority: T.C.A. §§ 4-3-203 and 43-27-104.
• Administrative History: New rules filed September 27, 2024; effective December 26, 2024.

Tenn. Comp. R. & Regs. 0080-10-01-.05 INSPECTIONS AND TESTING

(1) Scope. The department may enter any licensed premises during normal business hours for purposes of inspecting and sampling any cannabis or other material and copying records necessary to determine compliance with the Act and this chapter.

(2) Frequency. The department may conduct inspections as often as necessary to determine compliance with the Act and this chapter.

(3) Sampling and testing.

(a) A sample collected and tested according to protocols issued by either USDA or the department is deemed representative of the growing area from which the sample was obtained.

December, 2024 4 (b) Comingling of sample material from different growing areas invalidates the results of the sample tested.

(c) Collection of a sample by a licensee or their agent invalidates the results of the sample tested.

(d) Any sample test result less the measurement uncertainty showing a postdecarboxylation value for THC in the plant greater than 0.3% is grounds for destruction or remediation of all cannabis represented by the sample material.

(e) Third party.

1. The department may approve third-party samplers for collection of cannabis material and third-party test laboratories to conduct official analysis of samples.

The department will accept test results for a third-party collected or tested sample only if the sample was collected and tested in conformance with sampling guidelines and testing requirements issued by either USDA or the department, and for which test results are submitted by the third-party testing laboratory directly to the department.

2. If a sample test result from an approved third-party laboratory is the initial test for a growing area and shows the sample to be within allowable limits, the department may recognize the sample as compliant without further testing. If the sample test is either not the initial test of the crop or is not within allowable limits, the department will re-sample and re-test the growing area prior to determining regulatory compliance.

(f) Department.

1. Sampling by the department must be attended by the licensee or the licensee’s authorized representative, if applicable. If the licensee or authorized representative does not appear for scheduled sampling, the department may assess a $150 travel charge against the licensee for departmental costs in visiting the location to be sampled.

2. The department serves as the reference laboratory for all samples. Its test results of any sample are considered conclusive.

3. Licensees must pay a $150 laboratory analysis fee for each sample tested by the department.

History

• Authority: T.C.A. §§ 4-3-203 43-1-703, and 43-27-104.
• Administrative History: New rules filed September 27, 2024; effective December 26, 2024.

Tenn. Comp. R. & Regs. 0080-10-01-.06 VIOLATIONS

(1) In addition to other requirements of the Act and this chapter, persons subject to this chapter must:

(a) Maintain areas where cannabis is grown or kept so as to be readily accessible for inspection;

(b) Provide adequate lighting necessary for inspection of all cannabis and areas where cannabis may be grown or held;

December, 2024 5 (c) Provide full access to facilities, inventory, records, and invoices necessary to departmental inspection;

(d) Give full information as to the source of cannabis currently or previously held in their possession;

(e) Identify each growing area with the cultivar and USDA Farm Service Agency (FSA) field and/or subfield number, as applicable;

(f) Consent to sampling of all cannabis cultivated by the licensee;

(g) Harvest a hemp crop within 30 days of sampling for testing, unless directed otherwise by the department;

(h) Report hemp crop acreage to FSA annually and within 30 days of new crops being planted. Reports must meet all FSA requirements, including:

1. Street address and GPS location of site for each area where hemp will be grown;

2. Total acreage or square footage dedicated to production of hemp; and 3. Licensee’s hemp producer license number; and, (i) Record each transaction in which the licensee sells or introduces rooted hemp into commerce. The licensee must keep the record for two years from the transaction date.

The record must include: the name, contact information, and hemp producer license number for any person who purchased or received the cannabis.

(2) In addition to other requirements of the Act and this chapter, persons subject to this chapter must not:

(a) Possess or receive rooted hemp without first securing a license from the department;

(b) Cultivate cannabis for introduction into commerce without first securing a license from the department;

(c) Sell, supply, or move rooted cannabis to any person in this state not licensed under this division of rules;

(d) Possess or cultivate cannabis showing a post-decarboxylation value for THC in the plant greater than 0.3%, less measurement uncertainty;

(e) Grow more than one variety of cannabis per growing area;

(f) Possess rooted hemp outside a licensed growing area unless it is under immediate transport to another licensed growing area or a licensed hemp-derived cannabinoid product manufacturer, distributor, or retailer;

(g) Harvest hemp or introduce rooted hemp into commerce prior to:

1. Sampling within the previous 30 days, and 2. Departmental receipt of sample test results showing the sample tested within allowable limits for THC;

December, 2024 6 (h) Interfere with an authorized representative of the department in performance of their duties;

(i) Violate any federal or state quarantine of plants, regulated articles, or other material;

(j) Sell, offer for sale, move, or allow movement of any apparently infested material;

(k) Violate applicable hemp movement regulations of any state or federal agency; or, (l) Violate any departmental order issued under the Act or this chapter, including but not limited to orders to stop movement, destroy, or remediate cannabis.

(3) A person is responsible for violations of the Act or this chapter when committed by either the person or their agent.

(4) Each violation of the Act or this chapter is grounds for issuance of stop movement, destruction, or remediation orders for any cannabis held by the violator or their agent, denial or revocation of any license issued by the department, actions for injunction, imposition of civil penalties, and/or pursuit of criminal charges against the violator.

History

• Authority: T.C.A. §§ 4-3-203 and 43-27-104.
• Administrative History: New rules filed September 27, 2024; effective December 26, 2024.

Chapter 0080-10-02 Manufacturing and Distribution of Hemp-Derived Cannabinoid Products

Tenn. Comp. R. & Regs. 0080-10-02-.01 SCOPE

(1) This chapter applies to any person who manufactures or distributes in commerce any HDC product.

(2) Persons who manufacture or distribute HDC products are subject to all requirements and regulatory authority applicable to the type of product sold, including but not limited to regulation under the Act and this chapter, and T.C.A. title 53, chapter 1, parts 1 and 2, and title 39, chapter 17, part 15, and Tenn. Comp. R. & Regs. 0080-04-13. HDC products are excluded from all regulatory exemptions including but not limited to those afforded under the Food Freedom Act at T.C.A. § 53-1-118.

(3) The department shall not refund fees for early termination of any license issued under this

chapter.

(4) Licenses under this chapter are not transferable from person to person or location to location.

History

• Authority: T.C.A. §§ 4-3-203 and 43-27-211.
• Administrative History: New rules filed September 27, 2024; effective December 26, 2024.

Tenn. Comp. R. & Regs. 0080-10-02-.02 DEFINITIONS

(1) Terms in this chapter share those meanings of terms in T.C.A. title 43, chapter 27, parts 1 and 2.

(2) When used in this chapter, unless the context requires otherwise:

(a) Act means T.C.A. §§ 43-27-201, et seq.;

(b) Batch, in addition to its definition under the Act, means an individual production lot of manufactured product;

(c) Cannabis means any plant or any part of a plant of the genera Cannabis and includes hemp;

(d) Certificate of Analysis (COA) means a written document from a laboratory approved by the department for testing samples under this chapter, and which communicates the results of those tests performed;

(e) Commerce or similar words mean involving payment for an item or payment for services incident to production of the item;

December, 2024 2 (f) Distribute means to transport or to introduce into commerce and includes delivery for sale or manufacturing, or holding for subsequent sale or manufacturing;

(g) Food means articles used for food or drink for humans or other animals; chewing gum; and articles used for components of food or drink or chewing gum;

(h) Hemp-derived cannabinoid (HDC) product means a product that contains or that is labeled to contain a hemp-derived cannabinoid and that is produced, marketed, or otherwise intended to be consumed orally (“ingestible”), inhaled (“inhalable”), or absorbed through the skin (“transdermal”). HDC products also include intermediate products intended for subsequent use as a component in a later finished ingestible, inhalable, or transdermal HDC product. Topical products mean products solely intended to be applied to the skin or hair and are not intended to be absorbed through transdermal application; topical products are not included within the definition of HDC product even if they contain a hemp-derived cannabinoid;

(i) In a manner similarly reliable to post-decarboxylation means a manner sufficient to quantify by percentage the resulting THC of a sample if carboxyl groups are removed from all molecules containing THC within the sample. A manner similarly reliable to postdecarboxylation is shown by a post-decarboxylation THC value equal to the sum of the sample’s THC percentage plus the product of its delta-9 tetrahydrocannabinolic acid (THCa) percentage and 0.877;

(j) Manufacture, in addition to its definition under the Act, includes any action that transforms cannabis physically or chemically beyond its principal form as a farm product or that filters, cleans, or trims that product to isolate any of its particular parts or components;

(k) Move, transport, or similar words mean to relocate in any manner an item from one real property to another;

(l) Person means an individual, partnership, corporation, or any other form of legal entity;

(m) Sample means to take material or the material taken from a location used to manufacture or distribute HDC products; and, (n) Serving, in addition to its definition under the Act, means an amount of product designated by its manufacturer as reasonably understood to be a single unit of the product for consumption.

History

• Authority: T.C.A. §§ 4-3-203 and 43-27-211.
• Administrative History: New rules filed September 27, 2024; effective December 26, 2024.

Tenn. Comp. R. & Regs. 0080-10-02-.03 LICENSE APPLICATION AND FEES

(1) An HDC supplier license is required per person per location for any person who manufactures or distributes an HDC product in commerce.

(2) Applicants for an HDC supplier license must submit required information on forms provided by the department, which may include:

(a) Name of the applicant;

(b) Date of birth of any applicant who is an individual or a partner in a general partnership;

December, 2024 3 (c) Proof of registration in its state of incorporation for any applicant that is a formalized business entity;

(d) Proof of registration with the Tennessee Department of Revenue;

(e) Contact information for applicant, to include name of person legally responsible for applicant’s operations, telephone number, email address, and address of principal place of business;

(f) Address of location to be licensed;

(g) A nationwide criminal background check, facilitated through the Tennessee Bureau of Investigation, for the person identified as legally responsible for applicant’s operations; and, (h) Other information as required by the department.

(3) Licensees must notify the department of any changes to the contents of their application on file within 30 days after the change takes place, including any change of contact information;

(4) Payment of an annual HDC supplier license fee of $500 shall be due upon approval of an application and must be paid in full prior to a license being issued. The license fee may be prorated in the initial year of licensure at the rate of $50 per each full calendar month remaining in the license period, provided the total fee not exceed $500. License fees shall not be prorated for any person licensed in the previous licensure year. License fees are waived for any accredited college or university that offers programs of study in agricultural sciences and that is seeking licensure for HDC product manufacturing on its college or university property.

(5) HDC supplier licenses expire on June 30 of the licensing cycle for which they are issued.

Applicants for renewal must submit to the department on or before the following July 1 the HDC supplier license fee and an updated criminal background check for the licensee.

(6) The department may deny any application for licensure that is not completed in full or that is not completed in conformance with this rule.

History

• Authority: T.C.A. §§ 4-3-203 and 43-27-211.
• Administrative History: New rules filed September 27, 2024; effective December 26, 2024.

Tenn. Comp. R. & Regs. 0080-10-02-.04 MANUFACTURING

(1) General requirements.

(a) In production of HDC products, manufacturers shall:

1. Assign each product batch a unique batch number;

2. Not add nicotine to any HDC product; and 3. Not use dimethylsulfoxide in any HDC product.

(2) Inhalable HDC products.

(a) A person shall not manufacture or distribute an inhalable HDC product made with a nonhemp derived cannabinoid ingredient unless the ingredient is listed in, and the December, 2024 4 concentration and route of the ingredient is authorized under, the federal Food and Drug Administration (FDA) inactive ingredient database at https://www.accessdata.fda.gov/scripts/cder/iig/index.cfm.

(b) A person shall not manufacture or distribute an inhalable HDC product in which any of the following substances are used in its manufacture:

1. Vitamin E acetate;

2. Medium-chain triglycerides;

3. Polyethylene glycol;

4. Propylene glycol; or, 5. 2, 3-butanedione.

(c) A person shall not manufacture or distribute an inhalable HDC product unless its water activity is less than 0.65 and its total combined yeast and mold count is less than 100,000 colony forming units per gram.

(3) Solvents. A person shall not manufacture or distribute an HDC product in which solvents were used in its manufacture. Use of the following substances are allowable exceptions: water, vegetable glycerin, vegetable oils, animal fats, butane, propane, carbon dioxide, ethanol, isopropanol, acetone, heptane, ethyl acetate, and pentane.

(a) If butane, propane, heptane, or pentane is used as a solvent, the solvent must be documented on its COA as at least 99 percent purity.

(b) If water, vegetable glycerin, vegetable oil, animal fat, carbon dioxide, ethanol, isopropanol, acetone, or ethyl acetate is used as a solvent, the solvent must be food grade according to FDA standards under 21 CFR Part 174.

History

• Authority: T.C.A. §§ 4-3-203 and 43-27-211.
• Administrative History: New rules filed September 27, 2024; effective December 26, 2024.

Tenn. Comp. R. & Regs. 0080-10-02-.05 SAMPLING AND TESTING

(1) Frequencies.

(a) If an HDC product is created from hemp or hemp products, the HDC supplier licensee must sample and test each batch of the product for conformance with this rule. Once full panel testing required by this rule is conducted on hemp or a hemp product, additional testing in downstream commerce is not required except as provided:

1. After the initial HDC product in commerce conforms to testing under subparagraph (a), if a downstream HDC supplier uses the product as an input to make a new HDC product and during production of the new product the HDC input underwent either a chemical change (e.g. through exposure to heat or solvents) or a reconstitution through addition or removal of other components, the supplier must cause each batch of new HDC product to be sampled and tested for conformance with this rule.

2. After the initial HDC product in commerce conforms to testing under subparagraph (a), if a downstream HDC supplier uses the product as an input to make a new December, 2024 5 HDC product but does not alter the chemical composition or formulation of the HDC product compared to the input used (e.g. raw flower that is only physically changed through cutting and filtering or bulk orders that are repackaged into smaller units of like product), additional sampling and testing of the resulting product batches are not required and prior test results in commerce of HDCs within the product are presumptively valid. This part shall not limit the department’s

authority to test any cannabis products for compliance with the Act and this

chapter.

(b) Prior to transport of any HDC product in commerce, HDC suppliers must confirm conformance of the batch to all testing requirements under this rule.

(2) Standards. Tolerances for each required testing analyte are listed below. Any test result exceeding allowable limits is grounds for embargo, recall, remediation, and/or destruction of the entire batch represented by the sample, regardless of whether the test result is discovered through manufacturing testing or subsequent sampling and testing of retail HDC product.

(a) For all HDC products:

1. Hemp-derived cannabinoids:

(i) Delta-8 tetrahydrocannabinol [Reserved];

(ii) Delta-10 tetrahydrocannabinol [Reserved];

(iii) Hexahydrocannabinol [Reserved];

(iv) Tetrahydrocannabiphorol (THCp) [Reserved];

(v) Tetrahydrocannabivarin (THCv) [Reserved]; and, (vi) Tetrahydrocannabinolic acid (THCa):

(I) HDC products in commerce to an HDC supplier licensee (sample test result, less the measurement uncertainty, showing a postdecarboxylation THC value ≤ 5%);

(II) HDC products in commerce to any person who is not an HDC supplier licensee (sample test result, less the measurement uncertainty, showing a post-decarboxylation THC value ≤ 0.3%);

2. Microbial contaminants:

(i) Shiga toxin-producing Escherichia coli (undetectable in at least one gram);

(ii) Salmonella spp. (undetectable in at least one gram);

3. Mycotoxins:

(i) Aflatoxin B1 (total aflatoxin B1, B2, G1, and G2 ≤ 20 μg/kg);

(ii) Aflatoxin B2 (total aflatoxin B1, B2, G1, and G2 ≤ 20 μg/kg);

(iii) Aflatoxin G1 (total aflatoxin B1, B2, G1, and G2 ≤ 20 μg/kg);

December, 2024 6 (iv) Aflatoxin G2 (total aflatoxin B1, B2, G1, and G2 ≤ 20 μg/kg);

(v) Ochratoxin A (≤ 20 μg/kg);

4. Residual pesticides:

Residual pesticide Chemical Abstract Service (CAS) assigned number Maximum allowable concentration stated in parts per million (ppm)

Abamectin 71751-41-2 0.5 ppm Acephate 30560-19-1 0.4 ppm Acequinocyl 57960-19-7 2.0 ppm Acetamiprid 135410-20-7 0.2 ppm Aldicarb 116-06-3 0.4 ppm Azoxystrobin 131860-33-8 0.2 ppm Bifenazate 149877-41-8 0.2 ppm Bifenthrin 82657-04-3 0.2 ppm Boscalid 188425-85-6 0.4 ppm Carbaryl 63-25-2 0.2 ppm Carbofuran 1563-66-2 0.2 ppm Chlorantraniliprole 500008-45-7 0.2 ppm Chlorfenapyr 122453-73-0 1.0 ppm Chlormequat chloride 7003-89-6 0.2 ppm Chlorpyrifos 2921-88-2 0.2 ppm Clofentezine 74115-24-5 0.2 ppm Cyfluthrin 68359-37-5 1.0 ppm Cypermethrin 52315-07-8 1.0 ppm Daminozide 1596-84-5 1.0 ppm DDVP (Dichlorvos) 62-73-7 0.1 ppm Diazinon 333-41-5 0.2 ppm Dimethoate 60-51-5 0.2 ppm Ethoprophos 13194-48-4 0.2 ppm Etofenprox 80844-07-1 0.4 ppm Etoxazole 153233-91-1 0.2 ppm Fenoxycarb 72490-01-8 0.2 ppm Fenpyroximate 134098-61-6 0.4 ppm Fipronil 120068-37-3 0.4 ppm Flonicamid 158062-67-0 1.0 ppm Fludioxonil 131341-86-1 0.4 ppm Hexythiazox 78587-05-0 1.0 ppm Imazalil 35554-44-0 0.2 ppm Imidacloprid 138261-41-3 0.4 ppm Kresoxim-methy 143390-89-0 0.4 ppm Malathion 121-75-5 0.2 ppm Metalaxyl 57837-19-1 0.2 ppm Methiocarb 2032-65-7 0.2 ppm Methomyl 16752-77-5 0.4 ppm Methyl parathion 298-00-0 0.2 ppm Myclobutanil 88671-89-0 0.2 ppm (prohibited at any concentration for inhalation)

Naled 300-76-5 0.5 ppm Oxamyl 23135-22-0 1.0 ppm Paclobutrazol 76738-62-0 0.4 ppm December, 2024 7 Permethrins (measured as the cumulative residue of cis- and trans-isomers) 52645-531 (54774-45-7 and 51877-74-8) 0.2 ppm Phosmet 732-11-6 0.2 ppm Piperonyl butoxide 51-03-6 2.0 ppm Prallethrin 23031-36-9 0.2 ppm Propiconazole 60207-90-1 0.4 ppm Propoxur 114-26-1 0.2 ppm Pyrethrins (measured as the cumulative residue of pyrethrin 1, cinerin 1 and jasmolin 1) 8003-34-7(121-21- 1,25402-06-6 and 4466-14-2) 1.0 ppm Pyridaben 96489-71-3 0.2 ppm Spinosad 168316-95-8 0.2 ppm Spiromesifen 283594-90-1 0.2 ppm Spirotetramat 203313-25-1 0.2 ppm Spiroxamine 118134-30-8 0.4 ppm Tebuconazole 107534-96-3 0.4 ppm Thiacloprid 111988-49-9 0.2 ppm Thiamethoxam 153719-23-4 0.2 ppm Trifloxystrobin 141517-21-7 0.2 ppm 5. Heavy metals:

(i) Arsenic (≤ 0.4 ppm);

(ii) Cadmium (≤ 0.4 ppm);

(iii) Lead (≤ 1 ppm);

(iv) Mercury (≤ 1.2 ppm);

6. Residual solvents and manufacturing chemicals:

Solvent or manufacturing chemical CAS assigned number Maximum allowable concentration (ppm)

Acetone 67-64-1 1,000 ppm Benzene* 71-43-2 2 ppm Butanes, (measured as the cumulative residue of nbutane and iso-butane), 106-97-8 and 75-28-5 1,000 ppm Ethanol 64-17-5 1,000 ppm Ethyl Acetate 141-78-6 1,000 ppm Heptanes 142-82-5 1,000 ppm Hexanes* (measured as the cumulative residue of nhexane, 2-methylpentane, 3-methylpentane, 2,2dimethylbutane, and 2,3-dimethylbutane) 110-54-3, 107-83-5 and 79-29-8 60 ppm Methanol* 67-56-1 600 ppm Pentanes (measured as the cumulative residue of npentane, iso-pentane, and neo-pentane) 109-66-0, 78-78-4 and 463-82-1 1,000 ppm 2-Propanol (IPA) 67-63-0 1,000 ppm Propane 74-98-6 1,000 ppm Toluene* 108-88-3 180 ppm Total Xylenes* (measured as the cumulative residue of 1,2-dimethylbenzene, 1,3-dimethylbenzene, and 1,4dimethylbenzene, and the non-xylene, ethylbenzene) 1330-20-7 (95-47-6, 108-38-3 and 106-42- 3 and 100-41-4) 430 ppm Any other solvent not permitted for use undetected December, 2024 8 *These solvents are not individually approved for use. Due to their possible presence in other solvents that are approved for use, limits have been listed here for concentrations in final products.

(b) Additional testing requirements for inhalable HDC products:

1. Microbial contaminants:

(i) Aspergillus A. fumigatus (undetectable in at least one gram);

(ii) Aspergillus A. flavus (undetectable in at least one gram);

(iii) Aspergillus A. niger (undetectable in at least one gram);

(iv) Aspergillus A. terreus (undetectable in at least one gram);

2. Heavy metals:

(i) Arsenic (≤ 0.2 ppm);

(ii) Cadmium (≤ 0.2 ppm);

(iii) Lead (≤ 0.5 ppm);

(iv) Mercury (≤ 0.1 ppm).

(3) Sampling. HDC product manufacturers must draw samples for testing that are representative of each batch.

(4) Testing.

(a) Third-party laboratories.

1. COAs required under this chapter may be supplied by a third-party laboratory provided the laboratory is registered with the department.

2. To register and to maintain registration with the department, a third-party laboratory applicant must:

(i) Complete in full an application for registration on forms provided by the department;

(ii) Host and notify the department of one landing page for retrieval of all COAs issued by the laboratory through use of quick reference (QR) codes;

(iii) For any test method conducted pursuant to this rule, be fully accredited to standards established under International Organization for Standardization (ISO) 17025 by an International Laboratory Accreditation Cooperation recognized accreditation body;

(iv) Maintain ISO 17025 accreditation;

(v) Test and report analyte(s) using limits of detection and quantitation no greater than the respective tolerance(s) under this chapter for the tested analyte(s);

December, 2024 9 (vi) Test and report hemp-derived cannabinoids under this chapter using a limit of quantitation ≤ 1 mg/g;

(vii) Perform and report component testing as detailed under this rule;

(viii) Store all samples in a secure manner that reasonably protects them from degradation, contamination, and tampering; and, prior to its disposal, render all sample material unusable;

(ix) If available, produce reserve sample material to the department upon request; and, (x) Provide other information as required by the department.

3. Failure to adhere to these requirements or requirements for issuance of COAs under this rule is grounds for denial or revocation of any registration or authorization issued by the department.

(b) COAs.

1. Third-party laboratories must include at a minimum the following on each COA issued:

(i) The laboratory’s name and address as it is registered with the department;

(ii) The HDC product manufacturer’s name and address;

(iii) The batch number of HDC product represented by the sample;

(iv) Unique identifying information for the sample, if applicable;

(v) Sample history including date received and date range of each test conducted on the sample;

(vi) Analytical methods, limits of detection, limits of quantitation, and test results for each analyte evaluated for the sample, regardless of whether the testing conducted is required by this rule; and, (vii) A collective “pass”/“fail” assessment for the entire batch that accounts for either passage of all or failure of any one test conducted on the sample.

2. When reporting quantitative results, third-party laboratories must include in the COA the corresponding units of measurement as required for tolerances under this rule, as well as measurement uncertainties.

3. A result of “< LOQ” for any analyte detected below the limit of quantification (LOQ).

4. A result of “ND” for any analyte that was tested for and not detected.

(c) Failed testing.

1. Retesting. Any sample failure may be re-submitted as follows for confirmation of testing failure.

December, 2024 10 (i) If a reserve sample was retained by the same third-party registered laboratory that produced the COA exhibiting a test failure, that laboratory may re-test the reserve sample following the failed test in order to confirm component compliance.

(ii) If the re-tested sample passes for the suspect component(s), a new sample from the same batch must be drawn and submitted to a second third-party registered laboratory for complete re-testing of all components listed under this rule. If the second re-testing conforms to all required tolerances, the batch is deemed compliant with testing requirements and may be transported and distributed in commerce.

(iii) If a reserve sample is not available from the initial third-party registered laboratory or if a sample fails either of the re-tests, the batch is deemed nonconforming with regulatory requirements.

2. Remedy.

(i) Microbial contaminants. An HDC supplier is prohibited from transporting or allowing transport of a batch that has failed microbial contaminant testing unless:

(I) The batch is further processed by a method that effectively sterilizes the batch, is re-tested, and those test results show conformance with required tolerances;

(II) The supplier submits a corrective action plan for effective sterilization of the batch by another licensed HDC supplier, receives written approval of the plan from the department, and places the batch under immediate transport to the approved HDC supplier; or, (III) The batch is rendered unusable.

(ii) Over-concentrated product. An HDC product manufacturer is prohibited from transporting or allowing transport of a batch that has failed THC concentration testing unless:

(I) The batch is further processed by a method that effectively dilutes the batch, is retested, and those results show conformance with required tolerances;

(II) The manufacturer submits a corrective action plan for effective dilution of the batch by another licensed HDC supplier, receives written approval of the plan from the department, and places the batch under immediate transport to the approved HDC supplier; or, (III) The batch is rendered unusable.

(iii) For all other component testing failures, an HDC product manufacturer must render the batch unusable prior to disposition.

History

• Authority: T.C.A. §§ 4-3-203 and 43-27-211.
• Administrative History: New rules filed September 27, 2024; effective December 26, 2024. December, 2024 11

Tenn. Comp. R. & Regs. 0080-10-02-.06 LABELS

(1) HDC product manufacturers must, in addition to labeling requirements under the Act, label each HDC product with the following:

(a) Batch number;

(b) Name and address of the HDC product manufacturer or distributor;

(c) A list of all ingredients, ordered by weight, including direct and indirect additives;

(d) A separate allergen statement, stating common name of allergen, if product contains any of the following ingredients: eggs; fish; milk; tree nuts; peanuts; sesame; shellfish; soy; or wheat;

(e) A QR code that when scanned links the viewer to COA testing results conducted under this chapter. A QR code that does not link to the landing page designated by the testing laboratory as registered with the department shall be considered invalid and a violation of this rule;

(f) Serving size of the product and the total number of servings per package of the product (applicable only for ingestible HDC products); and, (g) The numerical count, net weight, or net volume of the product per package. Net weight and net volume must be reported in both standard and metric measurements.

(2) Warning statements. HDC product manufacturers must include the following warning statement(s), printed in at least six-point, easily legible font on the label panel of associated HDC products, and shall be conspicuous and in distinct contrast (e.g. by typography, layout, color, or embossing) to other information on the package.

(a) For all HDC products.

1. “Warning: Keep out of reach of children. Must be 21 or older to possess or consume. May be harmful to those who are pregnant or breastfeeding. May impair ability to drive or operate machinery. May contain unidentified substances that are harmful or toxic. This product is not approved by FDA for cure, mitigation, treatment, or prevention of any disease.”

2. The word “Warning” must be printed in bold font, all capital letters.

(b) Additional warning statement for inhalable HDC products.

1. “Warning: Inhalation of cannabis smoke has been associated with lung injury.”

2. The word “Warning” must be printed in bold font, all capital letters.

(3) A person shall not manufacture or distribute any HDC product labeled as a dietary supplement.

History

• Authority: T.C.A. §§ 4-3-203 and 43-27-211.
• Administrative History: New rules filed September 27, 2024; effective December 26, 2024. December, 2024 12

Tenn. Comp. R. & Regs. 0080-10-02-.07 TRANSPORTATION

(1) In addition to transportation requirements under the Act, HDC supplier licensees must make immediately available upon request COAs for any HDC product, including raw product, that is transported in commerce.

History

• Authority: T.C.A. §§ 4-3-203 and 43-27-211.
• Administrative History: New rules filed September 27, 2024; effective December 26, 2024.

Tenn. Comp. R. & Regs. 0080-10-02-.08 RECORDS

(1) For each batch of HDC product manufactured or distributed, HDC supplier licensees shall maintain the following for two years:

(a) COAs, copies of which shall be submitted to all immediate downstream purchasers of the product;

(b) A current copy of safety data sheets for all solvents used in manufacturing the HDC product; and, (c) Invoices and bills of lading for all HDC product distribution conducted by the HDC supplier licensee.

(2) For any HDC product rendered unusable or disposed pursuant to this chapter, HDC supplier licensees must maintain documentation of the following for two years following disposal:

(a) Date(s) and manner(s) in which the product was rendered unusable and disposed;

(b) Batch number; and, (c) Total volume of product that was disposed.

History

• Authority: T.C.A. §§ 4-3-203 and 43-27-211.
• Administrative History: New rules filed September 27, 2024; effective December 26, 2024.

Tenn. Comp. R. & Regs. 0080-10-02-.09 INSPECTIONS

(1) Scope. The department may enter any licensed premises or conveyance during normal business hours for purposes of inspecting and sampling any cannabis, HDC product, product lists and labels, or other material and copying records necessary to determine compliance with the Act and this chapter.

(2) Frequency. The department may conduct inspections as often as necessary to determine compliance with the Act and this chapter.

History

• Authority: T.C.A. §§ 4-3-203 and 43-27-211.
• Administrative History: New rules filed September 27, 2024; effective December 26, 2024.

Tenn. Comp. R. & Regs. 0080-10-02-.10 VIOLATIONS

(1) In addition to other requirements of the Act and this chapter, persons subject to this chapter must:

(a) Maintain areas and vehicles where HDC products are manufactured or distributed so as to be readily accessible for inspection;

December, 2024 13 (b) Provide adequate lighting necessary for inspection of all HDC products manufactured or distributed;

(c) Provide full access to facilities, inventory, records, and invoices necessary to departmental inspection;

(d) Give full information as to the source of any cannabis or HDC product currently or previously held in their possession;

(e) Consent to sampling of all HDC product manufactured or distributed by the licensee; and, (f) Consent to recall of all associated HDC product batches when subsequent testing of HDC product in commerce indicates a failure of testing requirements under this chapter, or a foodborne outbreak or other illness is causally linked by federal authorities or the department of health to particular HDC product batches.

(2) In addition to other requirements of the Act and this chapter, persons subject to this chapter must not:

(a) Manufacture or distribute HDC products without first securing a license from the department;

(b) Manufacture or distribute HDC products that do not meet manufacturing and testing requirements under this chapter;

(c) Transport or allow transport of HDC products without a COA issued by a third-party laboratory registered with the department;

(d) Interfere with an authorized representative of the department in performance of their duties;

(e) Violate any federal or state quarantine of plants, regulated articles, or other material;

(f) Sell, offer for sale, move, or allow movement of any apparently infested material; or, (g) Violate any departmental order issued under the Act or this chapter, including but not limited to orders for embargo or destruction of HDC product.

(3) Violation of any workplace safety or environmental protection standard enforced by state or federal authorities is grounds for denial of program inspection and denial or revocation of any license issued by the department.

(4) A person is responsible for violations of the Act or this chapter when committed by either the person or their agent.

(5) Each violation of the Act or this chapter is grounds for issuance of embargo or destruction orders for any HDC product held by the violator or their agent, denial or revocation of any license or registration issued by the department, actions for injunction, imposition of civil penalties, and/or pursuit of criminal charges against the violator.

History

• Authority: T.C.A. §§ 4-3-203 and 43-27-211.
• Administrative History: New rules filed September 27, 2024; effective December 26, 2024.

Chapter 0080-10-03 Retail Sale of Hemp-Derived Cannabinoid Products

Tenn. Comp. R. & Regs. 0080-10-03-.01 SCOPE

(1) This chapter applies to any person who sells or offers to sell at retail any HDC product.

(2) Persons who sell or offer to sell HDC products are subject to all requirements and regulatory

authority applicable to the type of product sold, including but not limited to regulation under the Act and this chapter, and T.C.A. title 53, chapter 8, and title 39, chapter 17, part 15, and Tenn.

Comp. R. & Regs. 0080-04-09. HDC products are excluded from all regulatory exemptions including but not limited to those afforded under the Food Freedom Act at T.C.A. § 53-1-118.

(3) The department shall not refund fees for early termination of any license issued under this

chapter.

(4) Licenses under this chapter are not transferable from person to person or location to location.

History

• Authority: T.C.A. §§ 4-3-203 and 43-27-211.
• Administrative History: New rules filed September 27, 2024; effective December 26, 2024.

Tenn. Comp. R. & Regs. 0080-10-03-.02 DEFINITIONS

(1) Terms in this chapter share those meanings of terms in T.C.A. title 43, chapter 27, parts 1 and 2.

(2) When used in this chapter, unless the context requires otherwise:

(a) Act means T.C.A. §§ 43-27-201, et seq.;

(b) Batch, in addition to its definition under the Act, means an individual production lot of manufactured product;

(c) Business for which entry is limited to persons twenty-one (21) years of age or older means a legal establishment that affirmatively restricts access to its buildings or facilities at all times to persons who are twenty-one (21) years of age or older by requiring each person who attempts to gain entry to those buildings or facilities to submit for inspection an acceptable form of identification demonstrating by proof of age that the person is twenty-one (21) years of age or older;

(d) Cannabis means any plant or any part of a plant of the genera Cannabis and includes hemp;

December, 2024 2 (e) Certificate of Analysis (COA) means a written document from a laboratory approved by the department for testing samples under Tenn. Comp R. & Regs. 0080-10-02, and which communicates the results of those tests performed;

(f) Commerce or similar words mean involving payment for an item or payment for services incident to production of the item;

(g) Counter means a physical barrier that necessitates the seller’s assistance in order to access product prior to its sale;

(h) Food means articles used for food or drink for humans or other animals; chewing gum; and articles used for components of food or drink or chewing gum;

(i) HDC product means a product that contains or that is labeled to contain a hemp-derived cannabinoid and that is produced, marketed, or otherwise intended to be consumed orally (“ingestible”), inhaled (“inhalable”), or absorbed through the skin (“transdermal”).

HDC products also include intermediate products intended for subsequent use as a component in a later finished ingestible, inhalable, or transdermal HDC product. Topical products mean products solely intended to be applied to the skin or hair and are not intended to be absorbed through transdermal application; topical products are not included within the definition of HDC product even if they contain a hemp-derived cannabinoid;

(j) In a manner similarly reliable to post-decarboxylation means a manner sufficient to quantify by percentage the resulting THC of a sample if carboxyl groups are removed from all molecules containing THC within the sample. A manner similarly reliable to postdecarboxylation is shown by a post-decarboxylation THC value equal to the sum of the sample’s THC percentage plus the product of its delta-9 tetrahydrocannabinolic acid (THCa) percentage and 0.877;

(k) Manufacture, in addition to its definition under the Act, includes any action that transforms cannabis physically or chemically beyond its principal form as a farm product or filters, cleans, or trims that product to isolate any of its particular parts or components;

(l) Move, transport, or similar words mean to relocate in any manner an item from one real property to another;

(m) Person means an individual, partnership, corporation, or any other form of legal entity;

(n) Proof of age means a driver license or other generally accepted means of identification that describes the individual, indicates his or her age, contains a photograph or other likeness of the individual, and appears on its face to be valid. In the case of sales by mail or online orders, proof of age is satisfied by a written, affirmative statement from the addressee that he or she is at least 21 years of age; and, (o) Sample means to take material or the material taken from a location where HDC products are sold or offered for sale at retail.

History

• Authority: T.C.A. §§ 4-3-203 and 43-27-211.
• Administrative History: New rules filed September 27, 2024; effective December 26, 2024.

Tenn. Comp. R. & Regs. 0080-10-03-.03 LICENSE APPLICATION AND FEES

(1) An HDC retail license is required per person per location for any person who sells or offers for sale an HDC product at retail. Licensed locations must be fixed address facilities but may include temporary locations such as fairs, flea markets, and farmers markets, provided that December, 2024 3 license fees for temporary locations cannot be prorated on the basis of temporary use. HDC retail licenses are not required for common carriers and delivery services, provided the carrier or service provider is facilitating just-in-time order transactions and is not carrying existing inventory by which to facilitate prospective sales.

(2) Applicants for an HDC retail license must submit required information on forms provided by the department, which may include:

(a) Name of the applicant;

(b) Date of birth of any applicant who is an individual or a partner in a general partnership;

(c) Proof of registration in its state of incorporation for any applicant that is a formalized business entity;

(d) Proof of registration with the Tennessee Department of Revenue;

(e) Contact information for applicant, to include name of person legally responsible for applicant’s operations, telephone number, email address, and address of principal place of business;

(f) Address of location to be licensed;

(g) Identification of nearest school serving any grades K-12 and the distance from that school to the location to be licensed, in feet measured as a straight line along the shortest route;

(h) A nationwide criminal background check, facilitated through the Tennessee Bureau of Investigation, for the person identified as legally responsible for applicant’s operations; and, (i) Other information as required by the department.

(3) Licensees must notify the department of any changes to the contents of their application on file within 30 days after the change takes place, including any change of contact information;

(4) Payment of an annual HDC retail license fee of $250 shall be due upon approval of an application and must be paid in full prior to a license being issued. The license fee may be prorated in the initial year of licensure at the rate of $25 per each full calendar month remaining in the license period, provided the total fee not exceed $250. License fees shall not be prorated for any person licensed in the previous licensure year. The HDC retail license fee is waived for any person who also holds an HDC supplier license.

(5) HDC retail licenses expire on June 30 of the licensing cycle for which they are issued.

Applicants for renewal must submit to the department on or before the following July 1 the HDC retail license fee and an updated criminal background check for the licensee.

(6) The department may deny any application for licensure that is not completed in full or that is not completed in conformance with this rule.

History

• Authority: T.C.A. §§ 4-3-203 and 43-27-211.
• Administrative History: New rules filed September 27, 2024; effective December 26, 2024. December, 2024 4

Tenn. Comp. R. & Regs. 0080-10-03-.04 MANNER OF SALE

(1) HDC retail licensees shall not sell an HDC product to a purchaser unless the purchaser has provided proof of age showing the purchaser to be at least 21 years of age.

(2) HDC retail licensees may not offer HDC products for sale through use of vending machines or unstaffed kiosks.

(3) HDC retail licensees may offer HDC products for sale only if the product is maintained behind the counter, i.e. in a location or manner such that physical assistance from the licensee is necessary in order for the customer to access the product. Behind the counter restrictions do not apply to retail licensees that are businesses for which entry is limited to persons twentyone (21) years of age or older.

History

• Authority: T.C.A. §§ 4-3-203 and 43-27-211.
• Administrative History: New rules filed September 27, 2024; effective December 26, 2024.

Tenn. Comp. R. & Regs. 0080-10-03-.05 RECORDS

(1) For each HDC product offered for sale, HDC retail licensees shall maintain for two years and readily produce upon request:

(a) COAs received from their immediate upstream seller of the product; and, (b) Invoices and bills of lading for the licensee’s purchase or receipt of the product.

(2) For any HDC product rendered unusable or disposed pursuant to this chapter, HDC retail licensees must maintain documentation of the following for two years following disposal:

(a) Date(s) and manner(s) in which the product was rendered unusable or disposed;

(b) Batch number; and, (c) Total volume of product that was disposed.

History

• Authority: T.C.A. §§ 4-3-203 and 43-27-104.
• Administrative History: New rules filed September 27, 2024; effective December 26, 2024.

Tenn. Comp. R. & Regs. 0080-10-03-.06 INSPECTIONS AND TESTING

(1) Scope. The department may enter any licensed premises during normal business hours for purposes of inspecting and sampling any cannabis, HDC product, or other material, examining and copying records, and conducting random checks for manner of sale of HDC products as necessary to determine compliance with the Act and this chapter.

(2) Frequency. The department may conduct inspections as often as necessary to determine compliance with the Act and this chapter.

(3) Product testing.

(a) Upon purchase of HDC products offered for retail sale, the department may sample and test or cause to be sampled and tested the product for compliance with the Act and Tenn.

Comp. R. & Regs. 0080-10-02-.04 and .05. Any test result exceeding allowable limits is grounds for embargo, recall, remediation pursuant to provisions applicable under Tenn.

Comp. R. & Regs. 0080-10-02-.05, and/or destruction of the batch of HDC product represented by the sample.

December, 2024 5 (b) A sample collected and tested according to departmental protocols is deemed representative of the HDC product batch from which the sample was obtained.

History

• Authority: T.C.A. §§ 4-3-203 and 43-27-211.
• Administrative History: New rules filed September 27, 2024; effective December 26, 2024.

Tenn. Comp. R. & Regs. 0080-10-03-.07 VIOLATIONS

(1) In addition to other requirements of the Act and this chapter, persons subject to this chapter must:

(a) Maintain areas where HDC products are sold, offered for sale, or held for inventory so as to be readily accessible for inspection;

(b) Provide adequate lighting necessary for inspection of all HDC products offered or held for retail sale;

(c) Provide full access to facilities, inventory, records, and invoices necessary to departmental inspection;

(d) Give full information as to the source of any cannabis or HDC product currently or previously held in their possession during the previous two years;

(e) Consent to sampling of all HDC product offered or held for retail sale by the licensee; and, (f) Consent to recall of all associated HDC product batches when testing of the product indicates a failure under Tenn. Comp. R. & Regs. 0080-10-02-.04 or .05 or a foodborne outbreak or other illness is causally linked by federal authorities or the department of health to particular HDC product batches.

(2) In addition to other requirements of the Act and this chapter, persons subject to this chapter must not:

(a) Sell or offer for sale HDC products at retail without first securing a license from the department;

(b) Sell or offer for sale HDC products at retail, including raw products, unless they meet manufacturing, labeling, and testing requirements under Tenn. Comp. R. & Regs. 0080- 10-02;

(c) Interfere with an authorized representative of the department in performance of their duties;

(d) Violate any federal or state quarantine of plants, regulated articles, or other material; or, (e) Violate any departmental order issued under the Act or this chapter, including but not limited to orders to hold or dispose of HDC product.

(3) Violation of any workplace safety or environmental protection standard enforced by state or federal authorities is grounds for denial of program inspection and denial or revocation of any license issued by the department.

(4) A person is responsible for violations of the Act or this chapter when committed by either the person or their agent.

December, 2024 6 (5) Each violation of the Act or this chapter is grounds for issuance of hold or destruction orders for any HDC product held by the violator or their agent, denial or revocation of any license or registration issued by the department, actions for injunction, imposition of civil penalties, and/or pursuit of criminal charges against the violator.

History

• Authority: T.C.A. §§ 4-3-203 and 43-27-211.
• Administrative History: New rules filed September 27, 2024; effective December 26, 2024.