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Tennessee Code Title 53. Food, Drugs and Cosmetics § 53-7-206

Current as of January 02, 2024 | Updated by Findlaw Staff

<Text of section effective May 9, 2025, for purposes of promulgating rules, and for all other purposes, effective thirty days following the commissioner of agriculture's receipt from the United States department of agriculture, food safety and inspection service, that the requirements of the federal Meat Inspection Act (21 U.S.C. § 601 et seq.) necessary to a cooperative agreement for a state meat inspection program have been met.>

(a) The commissioner is authorized to:

(1) Carry out or cause to be carried out all provisions of this part;

(2) Collect all fees established pursuant to this part and apply the fees to the necessary and incidental costs of the administration of this part in accordance with title 43, chapter 1, part 7;

(3)(A) Promulgate rules, pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, as necessary to effectuate this part, including, but not limited to, rules that adopt required standards under the federal Meat Inspection Act or that otherwise establish:

(i) Fees for licensure, registration, and inspection services of persons and facilities under this part;

(ii) Standards for the sale or transportation of dead, dying, disabled, or diseased animals;

(iii) Standards for the sanitary operation of establishments and custom operations;

(iv) Applicant information required for licensure under this part;

(v) Registration requirements for persons engaged in businesses set forth in Section 203 of the federal Meat Inspection Act (21 U.S.C. § 643);

(vi) Inspection, humane handling, and sanitation requirements for animals other than livestock which can or may be used in and for the preparation of meat or meat food products;  and

(vii) Requirements for denaturing and identifying products as not intended for use as human food;  and

(B) Rules promulgated pursuant to this part must conform with requirements of the federal Meat Inspection Act as necessary to gain federal recognition and approval of a state-inspected meat program and incorporate regulations compiled at 9 CFR, chapter 3, subchapters A and E;

(4) Cooperate with the USDA in developing and administering the meat inspection program of this state under this part to ensure that its requirements are at least equal to those imposed by the federal Meat Inspection Act;

(5) Accept from the USDA advisory assistance;  technical and laboratory assistance and training, including necessary curricular and instructional materials and equipment;  and financial and other aid for administration of the program;

(6) Spend state funds, subject to appropriation in the general appropriations act, for administration of this part;

(7) Recommend to the USDA officials or employees for appointment to the advisory committee provided for in 21 U.S.C. § 661;

(8) Cooperate with other state, county, or municipal agencies for administration of this part, including entering into agreements with county or municipal health departments to carry out duties and requirements of this part;

(9) Conduct all inspections as provided in this part and designate any officer or employee of this state or any political subdivision of this state for such purpose;

(10) Embargo articles found or suspected to be in violation of this part;

(11) Seek injunctions from any court of competent jurisdiction to restrain persons from violating this part;

(12) Determine requirements for and issue licenses under this part;

(13) Deny, suspend, or revoke licenses and issue civil penalties for violations of this part;

(14) Inspect and copy records of establishments and custom operations for purposes of determining their compliance with this part;

(15) Hire or appoint qualified personnel sufficient to carry out the duties required by this part;  and

(16) Serve as the governor's representative for consultation with the USDA under the federal Meat Inspection Act unless the governor designates another representative.

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Cite this article: FindLaw.com - Tennessee Code Title 53. Food, Drugs and Cosmetics § 53-7-206 - last updated January 02, 2024 | https://codes.findlaw.com/tn/title-53-food-drugs-and-cosmetics/tn-code-sect-53-7-206/

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