Tennessee Code Title 39. Criminal Offenses § 39-17-1511

(1) “Counter” means the point of purchase at a retail establishment;

(2) “Retail establishment” means a place of business open to the general public for the sale of goods or services; and

(3) “Smoking paraphernalia” means:

(4) “Smoking paraphernalia” does not include a smoking pipe or smoking device when sold at retail, if the smoking pipe or smoking device is primarily made of briar, meerschaum, clay or corn cob.

(c)(1) A violation of this section is punishable as provided in § 39-17-1509.

(2) If smoking paraphernalia is sold in violation of this section by an employee, the owner or operator of the retail establishment where the employee sold the products shall be in violation of this section.