Title 44 Animals And Animal Husbandry
Chapter 2 Prevention and Treatment of Diseases
Part 1 General Provisions
§ 44-2-101. Chapter definitions.
-
As used in this chapter, unless the context otherwise requires:
- (1)
“Animal” or “animals” means all domestic animals including, but not limited to, cattle, bison, all equidae, sheep, goats, swine, dogs, cats, all avian species, and all Class III animals as established by § 70-4-403;
- (2)
“Commissioner” means the commissioner of agriculture;
- (3)
“Department” means the Tennessee department of agriculture;
- (4)
“Disease” means any communicable disease deemed appropriate for regulatory control measures by the state veterinarian;
- (5)
“Person” means an individual, corporation, partnership and any association of two (2) or more persons having a joint or common interest; and
- (6)
“USDA” means the United States department of agriculture.
§ 44-2-102. Supervisory powers.
-
The commissioner and the state veterinarian have the general supervision of all animals within or that may be in transit through the state, and they are empowered to:
- (1)
Establish a quarantine against any animal or animals within or entering the state;
- (2)
Enter any premises in which animals are likely kept for the purpose of examining, inspecting or testing for the purpose of disease control;
- (3)
Prohibit or regulate the importation of animals into this state whenever it is necessary to protect the health of animals in Tennessee;
- (4)
Order tests or vaccinations of animals within the state or imported into the state for the purpose of protecting the health of animals in Tennessee;
- (5)
Order the destruction and sanitary disposition of any animal, whenever, in the opinion of the state veterinarian, the interests of the state are best served by the destruction of that animal. This destruction may be ordered only for control of any animal disease for which the state has a control program, or for any animal disease not known to exist in the United States;
- (6)
Order the sanitary disposition of any dead animal. The owner of such animal shall be liable for its disposition;
- (7)
Stop and inspect or examine vehicles likely to be hauling animals for the purposes of disease control and determining compliance with this chapter;
- (8)
Order the cleaning and disinfection of any premises, vehicle or equipment for the purpose of animal disease control;
- (9)
Promulgate in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, all rules and regulations necessary to carry out this chapter;
- (10)
Impose in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, civil penalties of up to one thousand dollars ($1,000) for each violation of this chapter or the rules and regulations promulgated under this chapter;
- (11)
Cooperate with the government of the United States and may designate employees of USDA as agents of the department in carrying out the purposes of this chapter;
- (12)
Call upon other law enforcement agencies for assistance when the public safety and welfare is threatened; and
- (13)
File suit in a court of competent jurisdiction for the purpose of enjoining the further violation of this chapter.
§ 44-2-103. Prohibited acts.
-
It is unlawful for any person to:
- (1)
Willfully hinder, obstruct, disregard or evade any quarantine or order the commissioner or state veterinarian may issue under this chapter;
- (2)
Distribute, sell or use any veterinary vaccine, antiserum, or diagnostic antigen or other veterinary biologic products unless licensed by the USDA and permitted by the department;
- (3)
Refuse to allow the commissioner or the state veterinarian or any person acting under the commissioner's or state veterinarian's authority to inspect or examine any animal reported or suspected to be infected with any communicable disease, or for the owner of such animals to fail to present them for testing or to fail to render reasonable assistance in testing of the animals;
- (4)
Knowingly sell, trade or import into this state any animal or animals infected with a communicable disease; or
- (5)
Violate any rule or regulation promulgated pursuant to this chapter.
§ 44-2-105. Indemnity for destroyed animals.
-
The commissioner through rules and regulations may establish procedures for the payment of indemnities for animals destroyed under authority of this chapter. Indemnity under this section is not intended to be a full reimbursement but a partial compensation based on, but not limited to, the value of the animal and the availability of funds for that purpose. Indemnification may be disallowed in cases where the owner is in violation of this chapter.
Part 4 Feeding Garbage to Swine
§ 44-2-401. Title.
-
This part shall be known and may be cited as the “Tennessee Garbage Feeding Law.”
§ 44-2-402. Part definitions.
-
As used in this part, unless the context otherwise requires:
- (1)
“Commissioner” means the commissioner of agriculture;
- (2)
“Garbage” means animal or plant waste resulting from the handling, preparation, cooking or consumption of foods, including animal and fowl carcasses or parts thereof, and all waste material and by-products of a kitchen, restaurant, hospital, hotel, motel, or slaughterhouse; except, however, bakery waste, whey, or other dairy waste from milk processing plants shall not be included in this definition; and
- (3)
“Person” means any individual, partnership, corporation, association or other legal entity or any organization, political subdivision or governmental agency.
§ 44-2-404. When feeding garbage to swine allowed.
-
It is unlawful for any person to feed garbage to swine except:
- (1)
Any individual who feeds only that person's own household garbage to that person's own swine; or
- (2)
Garbage that has been processed in a manner prescribed and approved by the commissioner.
§ 44-2-406. Inspection of premises.
-
The commissioner or the commissioner's designated representative may enter upon any premises, public or private, for the purpose of determining if a violation of this part has occurred.
§ 44-2-408. Enjoining violations of law.
-
The commissioner, upon determining that any person may have violated any provision of this part, may petition for injunctive relief from further violation. The petition shall be addressed to the chancery court in the county in which the offense occurred or in which the offender's principal place of business is located or where the offender is doing business or resides. The chancellor, on determining that probable cause of a violation of this part exists, shall issue appropriate injunctive relief.
Chapter 6 Commercial Feed Law
§ 44-6-103. Chapter definitions.
-
As used in this chapter, unless the context otherwise requires:
- (1)
“Brand name” means any word, name, symbol, or device, or any combination thereof, identifying the commercial feed of a distributor or registrant and distinguishing it from that of others;
- (2)
“Commercial feed” means all materials except unmixed seed, whole and unprocessed, when not adulterated within the meaning of this chapter, that are offered for sale as feed or mixing for feed; provided, that the commissioner by regulation may exempt from this definition, or from specific provisions of this chapter, commodities such as hay, straw, stover, silage, cobs, husks, hulls, hemp, as defined in § 43-27-101, and individual compounds or substances, when those commodities, compounds, or substances are not intermixed or mixed with other materials and, except for hemp, are not adulterated within the meaning of this chapter;
- (3)
“Commercial feed facility” or “licensed commercial feed facility” means a facility that manufactures or distributes commercial feed in this state and that is subject to licensure pursuant to this chapter;
- (4)
“Commissioner” means the commissioner of agriculture, or the commissioner's authorized agent;
- (5)
“Contract feeder” means a person who, as an independent contractor, feeds commercial feed to animals pursuant to a contract, whereby the commercial feed is supplied, furnished, or otherwise provided to the person and whereby the person's remuneration is determined all or in part by feed, consumption, mortality, profits, or amount or quality of product;
- (6)
“Customer-formula feed” means commercial feed that consists of a mixture of two (2) or more commercial feeds or a mixture of one (1) or more commercial feeds and one (1) or more feed ingredients or a mixture of two (2) or more feed ingredients, each batch of which is manufactured according to the specific instructions of the final purchaser;
- (7)
“Distribute” means to offer for sale, sell, exchange, or barter commercial feed or customer-formula feed;
- (8)
“Distributor” means any person who distributes;
- (9)
“Drug” means any article intended for use in the diagnosis, cure, mitigation, treatment, or prevention of disease in animals other than humans, and articles other than feed intended to affect the structure or function of any part of the animal body;
- (10)
“Feed ingredient” means each of the constituent materials making up a commercial feed;
- (11)
[Deleted by 2019 amendment.]
- (12)
“Label” means a display of written, printed, or graphic matter upon or affixed to the container in which a commercial feed is distributed, or on the invoice or delivery slip with which a commercial feed is distributed;
- (13)
“Labeling” means all labels and other written, printed, or graphic matter:
- (A)
Upon commercial feed or any of its containers or wrapper; or
- (B)
Accompanying commercial feed;
- (14)
“Manufacture” means to grind, mix or blend, or further process a commercial feed for distribution;
- (15)
“Mineral feed” means a commercial feed intended to supply primarily mineral elements or inorganic nutrients;
- (16)
“Official sample” means a sample of feed taken by the commissioner or the commissioner's agent in accordance with § 44-6-111(c), (e) or (f);
- (17)
“Percent” or “percentage” means percentage by weight;
- (18)
“Person” includes individual, partnership, corporation, association, or other legal entity;
- (19)
“Pet” means any domesticated animal normally maintained in or near the household of its owner;
- (20)
“Pet food” means any commercial feed prepared and distributed for consumption by pets;
- (21)
“Product name” means the name of the commercial feed that identifies it as to kind, class, or specific use;
- (22)
“Quantity statement” means the net weight (mass), net volume (liquid or dry) or count;
- (23)
“Specialty pet” means any domesticated animal pet normally maintained in a cage or tank, such as, but not limited to, gerbils, hamsters, canaries, psittacines, birds, mynahs, finches, tropical fish, goldfish, snakes and turtles;
- (24)
“Specialty pet food” means any commercial feed prepared and distributed for consumption by specialty pets; and
- (25)
“Ton” means a net weight of two thousand pounds (2,000 lbs.) avoirdupois.
§ 44-6-104. License requirement — Application — Fees — Refusal of license — Hearing.
- (a)
Any person who manufactures a commercial feed within the state, who distributes a commercial feed in or into the state, or whose name appears on the label of a commercial feed as guarantor shall obtain a license for each facility from which commercial feed is distributed in or into the state, authorizing the person to manufacture or distribute commercial feed before engaging in the activity. Any person who makes only retail sales of commercial feed that bears labeling or other approved indication that the commercial feed is from a licensed manufacturer, guarantor, or distributor is not required to obtain a license.
- (b)
Any person who is required to obtain a license shall submit an application on a form provided by or approved by the commissioner, accompanied by payment in the amount set by rule pursuant to § 43-1-703 for each facility. Each license shall expire on July 1 of the year for which it is issued.
- (c)
The form and content of the commercial feed license application shall be established by rules promulgated by the commissioner.
- (d)
The commissioner is empowered to refuse to issue a license to any person not in compliance with this chapter and to cancel the license of any licensee subsequently found not to be in compliance with any provision of this chapter; provided, that no license shall be refused or canceled unless the applicant or licensee has been given an opportunity to be heard before the commissioner and to amend the applicant's or licensee's application in order to comply with the requirements of this chapter.
§ 44-6-105. Labeling.
-
A commercial feed shall be labeled as follows:
- (1)
In case of a commercial feed, except a customer-formula feed, it shall be accompanied by a label bearing the following information:
- (A)
The quantity statement;
- (B)
The product name and the brand name, if any, under which the commercial feed is distributed;
- (C)
The guaranteed analysis stated in such terms, as the commissioner by regulation determines, is required to advise the user of the composition of the feed or to support claims made in the labeling. In all cases the substances or elements must be determinable by laboratory methods published by the AOAC International, or other methods approved by regulation;
- (D)
The common or usual name of each ingredient used in the manufacture of the commercial feed; provided, that the commissioner by regulation may permit the use of a collective term for a group of ingredients that perform a similar function, or the commissioner may exempt commercial feeds, or any group thereof, from this requirement of an ingredient statement if the commissioner finds that this statement is not required in the interest of consumers;
- (E)
The name and principal mailing address of the manufacturer or the person responsible for distributing the commercial feed;
- (F)
For those commercial feeds containing drugs, and for such other feeds as the commissioner may require by regulation, adequate directions for their safe and effective use; and
- (G)
Such precautionary statements as the commissioner by regulation determines are necessary for the safe and effective use of the commercial feed; and
- (2)
In the case of a customer-formula feed, it shall be accompanied by a label, invoice, delivery slip, or other shipping document, bearing the following information:
- (A)
Name and address of the manufacturer;
- (B)
Name and address of the purchaser;
- (C)
Date of delivery;
- (D)
The product name and brand name, if any, and the net weight of each registered commercial feed used in the mixture, and the net weight of each other ingredient used;
- (E)
For those customer-formula feeds containing drugs, and for such other feeds as the commissioner may require by regulation, adequate directions for their safe and effective use; and
- (F)
Such precautionary statements as the commissioner by regulation determines are necessary for the safe and effective use of the customer-formula feed.
§ 44-6-106. Misbranding.
-
A commercial feed shall be deemed to be misbranded if:
- (1)
Its labeling is false or misleading in any particular;
- (2)
It is distributed under the name of another commercial feed;
- (3)
It is not labeled as required in § 44-6-105;
- (4)
It purports to be or is represented as a commercial feed, or if it purports to contain or is represented as containing a commercial feed ingredient, unless the commercial feed or feed ingredient conforms to the definition, if any, prescribed by regulation by the commissioner; or
- (5)
Any word, statement, or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs, or devices in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.
§ 44-6-107. Adulteration.
-
A commercial feed shall be deemed to be adulterated if:
- (1)
- (A)
It bears or contains any poisonous or deleterious substance that may render it injurious to health; but in case the substance is not an added substance, the commercial feed shall not be considered adulterated under this subdivision (1)(A), if the quantity of the substance in the commercial feed does not ordinarily render it injurious to health;
- (B)
It bears or contains any added poisonous, added deleterious, or added nonnutritive substance that is unsafe within the meaning of § 406 of the federal Food, Drug, and Cosmetic Act, other than one that is:
- (i)
A pesticide chemical in or on a raw agricultural commodity; or
- (ii)
A food additive;
- (C)
It is, or it bears or contains any food additive that is unsafe within the meaning of § 409 of the federal Food, Drug, and Cosmetic Act;
- (D)
It is a raw agricultural commodity and it bears or contains a pesticide chemical that is unsafe within the meaning of § 408(a) of the federal Food, Drug, and Cosmetic Act; provided, that where a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or a tolerance prescribed under § 408 of the federal Food, Drug, and Cosmetic Act, and the raw agricultural commodity has been subjected to processing, such as canning, cooking, freezing, dehydrating, or milling, the residue of the pesticide chemical remaining in or on the processed feed shall not be deemed unsafe if the residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice and the concentration of the residue in the processed feed is not greater than the tolerance prescribed for the raw agricultural commodity, unless the feeding of such processed feed will result or is likely to result in a pesticide residue in the edible product of the animal that is unsafe within the meaning of § 408(a) of the federal Food, Drug, and Cosmetic Act;
- (E)
It is, or it bears or contains any color additive that is unsafe within the meaning of § 706 of the federal Food, Drug, and Cosmetic Act;
- (F)
It is, or it bears or contains any new animal drug that is unsafe within the meaning of § 512 of the federal Food, Drug & Cosmetic Act;
- (G)
It consists in whole or in part of any filthy, putrid or decomposed substance, or if it is otherwise unfit for feed;
- (H)
It has been prepared, packed, or held under unsanitary conditions whereby it may have become contaminated with filth, or whereby it may have been rendered injurious to health;
- (I)
It is, in whole or in part, the product of a diseased animal or of an animal that has died otherwise than by slaughter that is unsafe within the meaning of § 402 (a)(1) or (2) of the federal Food, Drug, and Cosmetic Act;
- (J)
Its container is composed, in whole or in part, of any poisonous or deleterious substance that may render the contents injurious to health; or
- (K)
It has been intentionally subjected to radiation, unless the use of the radiation was in conformity with the regulations or exemptions in effect pursuant to § 409 of the federal Food, Drug, and Cosmetic Act;
- (2)
Any valuable constituent has been in whole or in part omitted or abstracted therefrom or any less valuable substance substituted therefor;
- (3)
Its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling;
- (4)
It contains a drug and the methods used in or the facilities or controls used for its manufacture, processing, or packaging do not conform to current good manufacturing practice regulations promulgated by the commissioner to assure that the drug meets the requirements of this chapter as to safety and has the identity and strength and meets the quality and purity characteristics that it purports or is represented to possess. In promulgating such regulations, the commissioner shall adopt the current good manufacturing practice regulations for Type A Medicated Articles and Type B and Type C Medicated Feeds established under authority of the federal Food, Drug, and Cosmetic Act, unless the commissioner determines that they are not appropriate to the conditions that exist in this state; or
- (5)
It contains viable weed seeds in amounts exceeding the limits that the commissioner establishes by rule or regulation.
§ 44-6-108. Prohibited acts.
-
The following acts and the causing of the following acts within this state are prohibited:
- (1)
The manufacture or distribution of any commercial feed that is adulterated or misbranded;
- (2)
The adulteration or misbranding of any commercial feed;
- (3)
The distribution of agricultural commodities, such as whole seed, hay, straw, stover, silage, cobs, husks, and hulls, that are adulterated within the meaning of § 44-6-107(1);
- (4)
The removal or disposal of a commercial feed in violation of an order under § 44-6-112;
- (5)
The failure or refusal to register in accordance with § 44-6-104; and
- (6)
Failure to pay inspection fees and file reports as required by [former] § 44-6-109 [repealed].
§ 44-6-110. Rules and regulations.
-
The commissioner is authorized to promulgate such rules and regulations for commercial feeds and pet foods as are specifically authorized in this chapter, and such other reasonable rules and regulations as may be necessary for the efficient enforcement of this chapter. In the interest of uniformity, the commissioner shall by regulation adopt, unless the commissioner determines that they are inconsistent with this chapter or are not appropriate to conditions that exist in this state, the following:
- (1)
The official definitions of feed ingredients and official feed terms adopted by the Association of American Feed Control Officials and published in the official publication of that organization; and
- (2)
Any regulation promulgated pursuant to the authority of the federal Food, Drug, and Cosmetic Act (21 U.S.C. § 301 et seq.).
§ 44-6-111. Inspection — Sampling — Analysis.
- (a)
For the purpose of enforcement of this chapter, and in order to determine whether its provisions have been complied with, including whether or not any operations may be subject to the provisions, officers or employees duly designated by the commissioner, upon presenting appropriate credentials, are authorized to:
- (1)
Enter, during normal business hours, any factory, warehouse, or establishment within the state in which commercial feeds are manufactured, processed, packed, or held for distribution, or to enter any vehicle being used to transport or hold commercial feeds; and
- (2)
- (A)
Inspect at reasonable times and within reasonable limits and in a reasonable manner, such a factory, warehouse, establishment, or vehicle, and all pertinent equipment, finished and unfinished materials, containers, and labeling therein.
- (B)
The inspection may include the verification of only such records and production and control procedures as may be necessary to determine compliance with the good manufacturing practice regulations established under § 44-6-107(4).
- (b)
A separate notice shall be given for each such inspection, but a notice shall not be required for each entry made during the period covered by the inspection. Each such inspection shall be commenced and completed with reasonable promptness. Upon completion of the inspection, the person in charge of the facility or vehicle shall be so notified.
- (c)
If the officer or employee making such an inspection of a factory, warehouse, or other establishment has obtained a sample in the course of the inspection, upon completion of the inspection and prior to leaving the premises, the officer or employee shall give to the owner, operator, or agent in charge a receipt describing the samples obtained.
- (d)
If the owner of any factory, warehouse, or establishment described in subsection (a), or the owner's agent, refuses to admit the commissioner, or the commissioner's agent, to inspect in accordance with subsections (a) and (b), the commissioner is authorized to obtain from any state court a court order directing the owner or the owner's agent to submit the premises described in the warrant to inspection.
- (e)
For the purpose of the enforcement of this chapter, the commissioner or the commissioner's duly designated agent is authorized to enter upon any public or private premises, including any vehicle of transport, during regular business hours to have access to, to obtain samples of, and to examine records relating to distribution of, commercial feeds.
- (f)
Sampling and analysis shall be conducted in accordance with methods published by the AOAC International, or in accordance with other generally recognized methods.
- (g)
The results of all analyses of official samples shall be forwarded by the commissioner to the person named on the label. When the inspection and analysis of an official sample indicate a commercial feed has been adulterated or misbranded, the commissioner shall furnish to the registrant a portion of the sample concerned if the registrant requests it within thirty (30) days of notification.
- (h)
The commissioner, in determining for administrative purposes whether a commercial feed is deficient in any component, shall be guided by the official sample as defined in § 44-6-103 and obtained and analyzed as provided for in subsections (c), (e), and (f).
§ 44-6-112. Withdrawal, condemnation and confiscation orders.
- (a)
When the commissioner or the commissioner's authorized agent has reasonable cause to believe any lot of commercial feed is being distributed in violation of any of the provisions of this chapter or of any of the prescribed regulations under this chapter, the commissioner or the commissioner's agent may issue and enforce a written or printed “withdrawal from distribution” order, warning the distributor not to dispose of the lot of commercial feed in any manner until written permission is given by the commissioner or the court. The commissioner shall release the lot of commercial feed so withdrawn when the provisions and regulations have been complied with. If compliance is not obtained within thirty (30) days, the commissioner may begin, or upon request of the distributor or registrant shall begin, proceedings for condemnation.
- (b)
Any lot of commercial feed not in compliance with any of the provisions of this chapter or of any of the prescribed regulations under this chapter shall be subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the area in which the commercial feed is located. In the event the court finds the commercial feed to be in violation of this chapter and orders the condemnation of the commercial feed, it shall be disposed of in any manner consistent with the quality of the commercial feed and the laws of the state; provided, that in no instance shall the disposition of the commercial feed be ordered by the court without first giving the claimant an opportunity to apply to the court for release of the commercial feed or for permission to process or relabel the commercial feed to bring it into compliance with this chapter.
§ 44-6-113. Violation a misdemeanor — Penalties — Construction — Injunction — Judicial review.
- (a)
Any person convicted of violating any of the provisions of this chapter or who impedes, hinders or otherwise prevents, or attempts to prevent, the commissioner or the commissioner's duly authorized agent in performance of that official's duty in connection with this chapter commits a Class C misdemeanor. In all prosecutions under this chapter involving the composition of a lot of commercial feed, a certified copy of the official analysis signed by the commissioner or the commissioner's authorized agent shall be accepted as prima facie evidence of the composition.
- (b)
Nothing in this chapter shall be construed as requiring the commissioner or the commissioner's representative to:
- (1)
Report for prosecution;
- (2)
Institute seizure proceedings; or
- (3)
Issue a withdrawal from distribution order,
-
as a result of minor violations of this chapter, or when that official believes the public interest will best be served by suitable notice of warning in writing.
- (c)
The commissioner is authorized to apply for, and the court to grant, a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this chapter or any rule or regulation promulgated under this chapter, notwithstanding the existence of other remedies at law. The injunction is to be issued without bond.
- (d)
Any person adversely affected by an act, order or ruling made pursuant to this chapter may within forty-five (45) days thereafter bring action in the chancery court of Davidson County, or the chancery court in the county of the residence or principal place of business of the party adversely affected, for judicial review of the act, order or ruling. The form of the proceeding shall be any that may be provided by statutes of this state to review decisions of administrative agencies, or in the absence or inadequacy thereof, any applicable form of legal action, including actions for declaratory judgments or writs of prohibitory or mandatory injunctions.
§ 44-6-114. Cooperation with other entities.
-
The commissioner may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the federal government, and private associations in order to carry out the purpose and provisions of this chapter.
§ 44-6-115. Publications.
-
The commissioner shall publish at least annually, in such forms as the commissioner may deem proper, information concerning the sales of commercial feeds, together with such data on their production and use as the commissioner may consider advisable, and a report of the results of the analyses of official samples of commercial feeds sold within the state as compared with the analyses guaranteed in the registration and on the label; provided, that the information concerning production and use of commercial feed shall not disclose the operations of any single person or company.
Chapter 7 Marks, Brands, Registration and Certification
Part 1 General Provisions
§ 44-7-102. Recording marks and brands.
-
Marks or brands shall be recorded in the office of the county clerk of the county in which the animals run; but the same brand or marks shall not be recorded to more than one (1) person in the same county.
§ 44-7-104. Horses and cattle to be branded.
-
The owner shall brand all horses, from eighteen (18) months old and upwards, with the same brand, and earmark and brand all the owner's cattle from twelve (12) months old and upwards with the same mark or brand.
§ 44-7-106. Neat cattle purchased to be branded anew upon purchase.
-
Any person who buys branded neat cattle from another, or acquires same by other lawful means, shall, within eight (8) months, brand the cattle with the person's own proper brand, in the presence of two (2) credible witnesses, a certificate of which shall be signed by the witnesses.
§ 44-7-107. Altering or defacing marks — Forfeiture.
-
Any person who alters or defaces the mark or brand of another, forfeits for each animal on which the mark or brand is altered or defaced, twenty-five dollars ($25.00) to the owner who sues therefor in six (6) months, and to the owner or any interested third person who sues after six (6) and within twelve (12) months.
§ 44-7-110. Record of livestock brands required.
- (a)
Every stockyard, slaughterhouse, and packing house licensed to do business under the laws of this state shall maintain for sixty (60) days on file a record of all visible brands on livestock handled or processed on their premises. The list shall be updated every sixty (60) days and inspection shall be made available to persons doing business with those establishments.
- (b)
In the event brands are unreadable, the stockyard, slaughterhouse, or packing house will record the brand to the best of its ability with a statement declaring the condition of the brand.
- (c)
Failure to comply with this section is a Class A misdemeanor.
Part 2 Registration of Cattle Brands
§ 44-7-201. Part definitions.
-
As used in this part, unless the context otherwise requires:
- (1)
“Brand” means any recorded identification mark applied to any position on the hide of a live animal by means of heat, acid or chemical, except tattoo marks in the ear or numbers used to keep production records or record of age;
- (2)
“Commissioner” means the commissioner of agriculture;
- (3)
“Department” means the department of agriculture;
- (4)
“Livestock hide dealer” means any dealer or person who buys hides;
- (5)
“Livestock market” means a place where a person assembles livestock for public sale if the person is required to procure a license or permit from the department to operate such market; and
- (6)
“Person” means any individual, partnership, corporation or association.
§ 44-7-202. Registration of brands by department of agriculture — Fees — Issuance of certificate.
- (a)
Any owner who uses a brand to identify cattle, hogs, sheep, goats, horses, and other animals belonging to that owner must submit an application to the department to register the owner's brand.
- (b)
The application shall be made on forms prescribed and furnished by the department and shall be accompanied by payment of a fee set by rule pursuant to § 43-1-703 and a facsimile of the brand to be registered. If the brand described in the application closely resembles another brand previously registered by another owner, the commissioner may reject the application for registration, but in the event the brand does not closely resemble another brand previously registered, the commissioner shall issue to the applicant a certificate of registration.
- (c)
A person having a brand duly registered with the department may transfer the brand to another person by notifying the department of the transfer and giving the date of transfer and the name of the transferee. Upon receipt of the notice, the department shall note the brand transfer and the name of the transferee in its register of brands. The transferee shall not use the transferred brand until the department notifies the transferee that the brand transfer has been noted on the department's register.
§ 44-7-203. Copy of certificate evidence of registration.
-
In all suits at law or in equity, or in any criminal proceedings involving the title or right of possession of branded cattle, hogs, sheep, goats, horses, and other animals, a copy of the certificate of the brand registration, verified by the affidavit of the commissioner, shall be received in evidence by the court as evidence of the registration of the brand in accordance with the requirements of this part.
§ 44-7-204. Reregistration of brands periodically — Fee — Forfeiture upon failure.
-
Every five (5) years, all brands shall be reregistered with the department. At least ninety (90) days prior to the date for reregistration of all brands, the department shall notify all persons having brands registered as to the date by which the brand must be reregistered. On or before the reregistration date, the person in whose name the brand is registered shall furnish any additional information as the department may require on forms furnished by the department. If any person having a registered brand fails to reregister the brand in that person's name, the brand shall be forfeited and shall be available for registration in the name of another person.
§ 44-7-205. Register of brands — Publication.
-
The department shall maintain a complete register of all brands, showing the name and address of the owner, and shall, in accordance with the rules, regulations, policies and procedures of the state publications committee, publish and distribute copies of the register in booklet form, and supplemental copies thereof, to every livestock market and county clerk in the state. Copies of the register of brands may be furnished to other persons requesting them at a price to be determined by the commissioner.
§ 44-7-207. Rules and regulations promulgated by commissioner.
-
The commissioner has the authority to promulgate such rules and regulations as are reasonably necessary to carry out the intent and purpose of this part so as to facilitate the tracing and identification of cattle, hogs, sheep, goats, horses, and other animals, and afford protection against stealing and unlawful dealing in cattle, hogs, sheep, goats, horses, and other animals.
§ 44-7-208. Unlawful to use unregistered brand or deface brand.
-
It is unlawful for:
- (1)
Any person to use any brand for branding cattle, hogs, sheep, goats, horses, and other animals, unless the brand is registered with the department;
- (2)
Any person to obliterate, alter or deface the brand of any animals; or
- (3)
Any person operating or owning a livestock market to fail to keep a copy of the register of brands furnished to such person by the department in a place easily accessible to interested parties.
Part 3 Registration of Stallions
§ 44-7-301. Pedigreed jacks or bulls for breeding to be registered.
-
The pedigree of any jack or bull, claimed to be pedigreed livestock and used for public breeding, shall be filed and registered with the county clerk, under oath that the pedigree is genuine, and the county clerk shall record the pedigree in a well-bound book to be kept in county clerk's office for that purpose.
§ 44-7-302. Pedigrees to be posted.
-
The owner of such pedigreed stock shall, during breeding seasons, have posted conspicuously in three (3) different places in the county in which the owner lives, or in which the animal is being used for breeding purposes, a certified copy of the pedigree recorded as provided in § 44-7-301.
Part 4 Certification of Livestock
§ 44-7-401. Certification of quality — Fees — Rules and regulations.
-
In order to promote and further develop livestock interests of this state, the commissioner, or the commissioner's authorized agents, is authorized, when requested by parties financially interested in livestock or livestock products, to investigate and certify the quality, condition, grade or other classification of the livestock or livestock products. Such classification, including payment of such fees as the commissioner deems reasonable for the services rendered or performed by employees or licensed agents of the department, shall be established under such rules and regulations as the commissioner may prescribe.
§ 44-7-402. Disposition of collected fees.
-
All fees and moneys collected or received under § 44-7-401 shall be paid into the state treasury to the credit of the department, with the funds to be used solely and separately to defray the actual costs of the services rendered.
§ 44-7-403. Animal diagnostic laboratory — Fees.
- (a)
Animal diagnostic laboratory service fees, including, but not limited to, biopsy, necropsy, cytology, parasitology, virology, bacteriology, toxicology, and immunology, shall be set by rule pursuant to § 43-1-703.
- (b)
The commissioner shall establish grading fees for livestock graded by employees or agents of the department of agriculture by rule pursuant to § 43-1-703. The livestock market where the animal was graded and sold shall be responsible for payment of the fees to the department.
Chapter 8 Fences and Confinement
Part 1 General Provisions
§ 44-8-101. Land in cultivation sufficiently fenced.
-
Every planter shall make and keep a sufficient fence, of ordinarily sound and substantial material, around the planter's land in cultivation, and so close, for at least two and one-half feet (2½′) from the surface of the earth, as to prevent hogs large enough to do damage from passing through the fence.
§ 44-8-102. Various materials constituting sufficient fencing — Rules.
- (a)
The following types of fence are deemed sufficient:
- (1) Stone.
A substantial stone fence or wall, three and one-half feet (3½′) high;
- (2) Plank and post and rail.
A post and plank or post and rail fence four feet (4′) high;
- (3) Rail.
A common worm or crooked rail fence five feet (5′) high;
- (4) Bank.
Every bank or other means used as a fence, or part of a fence, equivalent, as an obstruction to stock, to either of the three (3) classes of fence above named;
- (5) Planks and wire.
Any enclosure made by nailing fast two (2) sound planks, each not less than six inches (6″) wide, to posts set firmly in the ground not more than eight feet (8′) apart, the bottom plank to be not more than three inches (3″) from the ground, and the second plank from the ground not more than four inches (4″) from the first; and then by stretching not less than four (4) strands of barbed wire tightly between the posts above the planks, the topmost wire to be not less than four and one-half feet (4½′) from the ground, and the bottom wire to be four inches (4″) from the topmost plank; the next wire from the bottom one to be nine inches (9″) from the topmost plank, and the third wire from the bottom to be twenty-one inches (21″) from the topmost plank, the above distance as nearly as practicable;
- (6) Osage orange.
Bois d' arc or Osage orange fences, wholly of bois d' arc or Osage orange, or in part of bois d' arc or Osage orange, and in part of wire or other material, at least four feet (4′) high, and at least eighteen inches (18″) across the top and sufficiently close to prevent stock of all kinds from passing through; and
- (7) Wire.
Any enclosure made by nine (9) smooth, horizontal wires, the bottom and top or first and ninth of which are to be standard number nine (9), and the other seven (7) standard number eleven (11) wires; the first wire to be placed upon or very near the ground; the second three and one-half inches (3½″) from the first; the third three and one-half inches (3½″) from the second; the fourth four inches (4″) from the third; the fifth four inches (4″) from the fourth; the sixth six inches (6″) from the fifth; the seventh eight inches (8″) from the sixth; the eighth ten inches (10″) from the seventh; the ninth ten inches (10″) from the eighth. The vertical stays or pickets are to be two feet (2′) apart between the first or ground wire and the fifth, and from the fifth to the top or ninth wire four feet (4′) apart. The posts are to be one (1) rod apart and well stayed at the ends of the fence, so as to keep the fence from sagging.
- (b)
In addition to subsection (a), sufficient fencing shall include:
- (1)
A fence constructed from synthetic materials commonly sold for fencing, if such materials are installed pursuant to generally acceptable standards, to confine or restrict the movement of farm animals; and
- (2)
Systems or devices based on technology generally accepted as appropriate for the confinement or restriction of farm animals.
- (c)
The commissioner of agriculture may adopt rules and regulations regarding sufficient fencing consistent with this part to provide greater specificity as to the requirements of sufficient fencing. The absence of any such rule or regulation shall not affect the validity or applicability of this section or any section of this part as such sections relate to what constitutes sufficient fencing.
§ 44-8-103. Horses, cattle, and mules sufficiently fenced.
-
The following shall be sufficient and be deemed a lawful fence only as to horses, cattle, and mules: any enclosure made by stretching not less than five (5) strands of barbed wire tightly between posts firmly set in the ground, or between growing trees and posts firmly set in the ground, not more than twenty feet (20′) apart; the topmost wire not less than four and one-half feet (4½′) from the ground, the bottom wire not less than six inches (6″), and the next to the bottom wire not less than fifteen inches (15″) from the ground.
§ 44-8-104. Paling and wire fence lawful.
-
The paling and wire fence is made a lawful fence; provided, that the fence is built upon good-sized, substantial posts, set firmly in the ground, not more than twelve feet (12′) apart; and provided further, that there is firmly fastened upon these posts two (2) sets double-strand wire, one (1) near the top, the other near the bottom, into which there is woven substantial sawed or split palings, not less than three feet (3′) long, with one (1) barbed wire one foot (1′) above the paling, or four feet (4′) without the wire, and not more than three inches (3″) apart; but nothing in this section shall be construed as repealing any statute providing for lawful fences in this state.
§ 44-8-105. Three-wire, plank, or slat fence a lawful fence.
-
In addition, the following shall also be a lawful fence: a fence built on good-sized, substantial posts, set firmly in the ground not more than nine feet (9′) apart. The fence shall consist of three (3) barbed wires, or three (3) planks, or three (3) slats running horizontally and fastened firmly to the posts, the first to be eighteen inches (18″) from the ground, and the second and third eighteen inches (18″) from the first and second respectively, counting from the center of each. The fence may consist entirely of wire strands, or of planks or of slats; or it may be composed of a wire, plank, and slat.
§ 44-8-106. Damages for trespass — Determination — Recovery.
- (a)
When any trespass has been committed by horses, cattle, hogs, goats, sheep, or other stock upon the cleared and cultivated ground of any person having the livestock fenced, as is described in §§ 44-8-101 — 44-8-105, the person may complain to a judge of the court of general sessions of the county, who shall cause two (2) discreet and impartial freeholders to be summoned, and with them shall view and examine, on oath of the freeholders to do justice, whether the complainant's fence is a lawful fence, and what damage, if any, the person has sustained by the trespass, and certify the result of this view and examination under the hands and seals of the judge and freeholders, which certificate the judge shall deliver to the complainant. The certificate shall be prima facie evidence of the plaintiff's demand.
- (b)
The owner of the stock shall be entitled to a hearing, but, if not successful, shall make full satisfaction for the trespass and damages to the party injured, to be recovered as the damages and costs, subject to the right of appeal of either party. To secure the payment of any judgment, execution may be levied upon the stock committing the trespass; and after ten (10) days' notice the stock may be sold to satisfy the judgment so recovered.
§ 44-8-108. Injury to animals.
-
If any person, whose fence is adjudged insufficient, maims, wounds, or kills any such animal, or causes or procures it to be done, that person shall make full satisfaction to the person injured for all damages sustained, to be recovered before any tribunal having cognizance thereof.
§ 44-8-111. Stock liable to execution.
- (a)
To secure the payment of such damage and costs, executions may be levied upon the stock committing the trespass.
- (b)
After ten (10) days' notice, the stock may be sold to pay such amount of damages and costs.
Part 2 Partition Fences
§ 44-8-201. Partition fence defined — Joining fences.
-
Partition fences, within the meaning of this part, are fences erected on the line between lands owned by different persons; but no owner of land is compelled to allow a neighbor to join a fence exclusively on that person's own land.
§ 44-8-202. Fences to be erected and maintained at joint expense.
-
Partition fences may be erected and repaired at the expense, jointly, of the occupants or owners; or if a person makes a fence a partition fence, by joining to it or using it as such, that person shall pay to the person erecting it that person's proportion of the expense.
§ 44-8-203. Damages for failure to maintain fence.
-
If either of the persons having a joint or partition fence refuses or neglects to keep that person's part of the fence in good repair, that person shall be liable for all damages the other may sustain to enclosures or crops, by trespassing stock, in consequence of the refusal or neglect.
§ 44-8-204. Pay for fence.
-
If the parties cannot agree as to the amount to be paid to the owner erecting or repairing a partition fence as provided in §§ 44-8-202 and 44-8-206, on application by either to a judge of the court of general sessions, the judge shall issue an order to three (3) disinterested freeholders, not related to either of the parties, to examine such fence, and to ascertain the amount to be paid to the owner erecting or repairing it.
§ 44-8-205. Judgment and execution.
-
The freeholders, first taking an oath before the judge to discharge their duty fairly and impartially, on a day to be by them appointed, of which both parties shall have notice, shall examine the fence, and report to the judge, in writing, the amount to be paid the person erecting it; whereupon, unless the money be paid within ten (10) days thereafter, the judge shall enter up judgment, subject to appeal, and issue execution for the judgment.
§ 44-8-206. Rebuilding or repairing fences.
-
The like proceedings may be had in cases where partition fences are rebuilt or repaired by either of the joint proprietors, the jury of view being judges, in the first instance, of the necessity or advisability of the improvement.
§ 44-8-207. Fees of court and fence reviewers.
-
The court is entitled to fifty cents (50¢) for issuing the order, and the fence reviewers to one dollar ($1.00) each, one half (½) of which is to be paid by each party; and, if not paid within ten (10) days after the report, execution shall issue for such amount.
§ 44-8-208. Fences not removed without six months' notice.
-
No partition fence, or any part of a partition fence, shall be removed without the mutual consent of the owners, unless the party desiring to remove the fence, or part of the fence, shall first give six (6) months' notice in writing to the other owner of the owner's intention to remove the fence. After the expiration of the time of the notice, the party may remove the fence, or part of the fence.
§ 44-8-210. Disclaiming responsibility for fence erection — Definitions.
- (a)
In cases when the property on one (1) side of an existing or proposed partition fence is agricultural land, and the property on the other side is non-agricultural land, the owner of the non-agricultural land may disclaim any responsibility for the erection or maintenance of a partition fence pursuant to § 44-8-202. Such disclaimer shall be in writing, executed by the non-agricultural land owner and mailed to the owner of the agricultural land by registered mail, return receipt requested, or sent by some other means pursuant to which a written verification of receipt is obtained. The disclaimer shall be effective on the date of receipt by the owner of the agricultural land.
- (b)
Delivery of the disclaimer as described in subsection (a) shall have the effect of:
- (1)
Relieving the owner of the non-agricultural land of any responsibility to erect or maintain a partition fence pursuant to § 44-8-202; and
- (2)
Releasing the owner of the agricultural land from any claims by the owner of the non-agricultural land arising out of the non-existence or condition of a partition fence.
- (c)
As used in this section, unless the context otherwise requires:
- (1)
“Agricultural land” has the same meaning as set forth in § 67-5-1004; and
- (2)
“Non-agricultural land” means land:
- (A)
That is not agricultural land;
- (B)
That is the site of a residence; and
- (C)
On which the owner does not keep livestock.
- (d)
- (1)
If property that meets the definition of non-agricultural land at the time of delivery of a disclaimer as described in subsection (a) subsequently ceases to qualify as non-agricultural land, then the disclaimer, and all effects of the disclaimer as described in subsection (b), shall cease to be effective as of the date property ceases to be non-agricultural property.
- (2)
If a fence is erected by the owner of agricultural land during a period when a disclaimer as described in subsection (a) is in effect, and if the land owned by the disclaiming party subsequently ceases to be qualified as non-agricultural land, then the owner of the non-agricultural land shall reimburse the owner of the agricultural land a proportionate share of the cost of erecting the fence. If the parties cannot agree as to the amount to be paid to the owner of the agricultural land, the process described in § 44-8-204 shall be applicable.
Part 3 Common Enclosures
§ 44-8-301. Damages for failure to keep up fences, or for trespass.
-
It is lawful for two (2) or more owners of adjoining farms to enclose the same under one (1) common fence or enclosure, to be kept up to the standard of a lawful fence by each owner upon that owner's own land, or in such manner and proportion as the owners may agree upon in writing. In the absence of an agreement, the owner of any of the land embraced in the common fence shall be liable to the owners of the other lands and their tenants for all damages to their lands, pastures, fruit trees, crops, or vegetables, occasioned by the failure or neglect of the other owner to keep and maintain the common fence on that owner's land up to the standard of a lawful fence, or by the owner's own stock or that of the owner's tenants trespassing beyond the owner's own land within the common enclosure.
§ 44-8-302. Common enclosure of lands under written agreements — Specifications.
-
It is lawful to prescribe, in such an agreement, the means and method by which the common enclosure shall be constructed and maintained, regulations for the use and enjoyment by each owner of the lands embraced in the enclosure, the penalties to be imposed upon each for violations and how the penalties shall be imposed, the mode of assessment of damages occasioned by trespassing stock of the parties to the agreement, and the length of time it shall continue in force. The agreement may also provide for impounding, feeding, and caring for trespassing stock of the parties to the agreement found within the common enclosure, and for a lien upon trespassing stock to secure the penalties and damages assessed against the owner on that account, and for the enforcement of the lien by sale. All such provisions, not in violation of any law, shall be binding upon all parties to the agreement.
§ 44-8-303. Force and binding power of agreement.
-
Any such agreement shall continue in force and be binding upon all the parties to the agreement and their heirs and devisees, for the period prescribed in the agreement, unless rescinded by mutual consent. The agreement may be modified or amended in writing signed by all the parties, at any time. After the expiration of the period prescribed, the agreement shall be deemed continued by unanimous consent, unless between November 1 and January 1, some party to the agreement or the party's heir or devisee gives notice in writing to all the other parties to the agreement, resident in the county, of the party's intention to terminate the agreement, in which event the agreement shall terminate at the expiration of ninety (90) days from the service of the notice.
§ 44-8-304. Agreement if registered is binding on purchaser, his heirs and assigns.
- (a)
The agreement may be acknowledged and registered in the county or counties in which the lands and any part of the lands are situated.
- (b)
In case of registration, the agreement shall be binding upon any purchaser of any of the lands embraced in the common enclosure, and the purchaser's heirs and assigns, in the same manner and to the same extent as if the purchaser had been an original party to the agreement.
§ 44-8-305. Liability of persons not parties to agreement for trespass by stock.
-
Any person not a party to the agreement whose stock trespasses upon the common enclosure shall be liable to the injured party for all damages that the person sustains, and the party so damaged has all the rights and liens given by law to persons damaged by stock trespassing upon enclosures that are not common; provided, the common enclosure is at the time a lawful enclosure or fence.
Part 4 Running at Large
§ 44-8-402. Lien for damages.
-
For any damages occasioned by stock running at large in violation of § 44-8-401, the person so damaged shall have a lien upon the stock, which lien shall be enforced by attachment before a judge of the court of general sessions in the same manner and to the same extent as other liens are enforced.
§ 44-8-408. Dogs not allowed at large — Exception — Penalties.
- (a)
As used in this section, unless the context otherwise requires, “owner” means a person who, at the time of the offense, regularly harbors, keeps or exercises control over the dog, but does not include a person who, at the time of the offense, is temporarily harboring, keeping or exercising control over the dog.
- (b)
The owner of a dog commits an offense if that dog goes uncontrolled by the owner upon the premises of another without the consent of the owner of the premises or other person authorized to give consent, or goes uncontrolled by the owner upon a highway, public road, street or any other place open to the public generally.
- (c)
It is an exception to the application of this section that:
- (1)
The dog was on a hunt or chase;
- (2)
The dog was on the way to or from a hunt or chase;
- (3)
The dog was guarding or driving stock or on the way to guard or drive stock;
- (4)
The dog was being moved from one place to another by the owner of the dog;
- (5)
The dog is a police or military dog, the injury occurred during the course of the dog's official duties and the person injured was a party to, a participant in or suspected of being a party to or participant in the act or conduct that prompted the police or military to utilize the services of the dog;
- (6)
The violation of subsection (b) occurred while the injured person was on the private property of the dog's owner with the intent to engage in unlawful activity while on the property;
- (7)
The violation of subsection (b) occurred while the dog was protecting the dog's owner or other innocent party from attack by the injured person or an animal owned by the injured person;
- (8)
The violation of subsection (b) occurred while the dog was securely confined in a kennel, crate or other enclosure; or
- (9)
The violation of subsection (b) occurred as a result of the injured person disturbing, harassing, assaulting or otherwise provoking the dog.
- (d)
The exception to the application of this section provided in subdivisions (c)(1)-(4) shall not apply unless the owner in violation of subsection (b) pays or tenders payment for all damages caused by the dog to the injured party within thirty (30) days of the damage being caused.
- (e)
It is not a defense to prosecution for a violation of subsection (b) and punished pursuant to subdivision (g)(1), (g)(2) or (g)(3) that the dog owner exercised reasonable care in attempting to confine or control the dog.
- (f)
It is an affirmative defense to prosecution for a violation of subsection (b) and punished pursuant to subdivision (g)(4) or (g)(5) that the dog owner exercised reasonable care in attempting to confine or control the dog.
- (g)
- (1)
A violation of this section is a Class C misdemeanor punishable by fine only.
- (2)
A violation of this section is a Class B misdemeanor punishable by fine only if the dog running at large causes damage to the property of another.
- (3)
A violation of this section is a Class A misdemeanor punishable by fine only if the dog running at large causes bodily injury, as defined by § 39-11-106, to another.
- (4)
A violation of this section is a Class E felony if the dog running at large causes serious bodily injury, as defined by § 39-11-106, to another.
- (5)
A violation of this section is a Class D felony if the dog running at large causes the death of another.
- (h)
Notwithstanding subsection (g), a violation of this section shall be punished as provided in subsection (i) if the violation involves:
- (1)
A dog that was trained to fight, attack or kill or had been used to fight; or
- (2)
The owner of the dog violating this section knew of the dangerous nature of the dog and, prior to the violation of this section, the dog had bitten one (1) or more people that resulted in serious bodily injury or death.
- (i)
A violation of this section, where one (1) or more of the factors set out in subsection (h) are present, shall be punished as follows:
- (1)
A Class C misdemeanor if the dog running at large does not cause property damage, injury or death;
- (2)
A Class A misdemeanor if the dog running at large causes damage to the property of another;
- (3)
A Class E felony if the dog running at large causes bodily injury to another;
- (4)
A Class D felony if the dog running at large causes serious bodily injury to another; and
- (5)
A Class C felony if the dog running at large causes the death of another.
- (j)
- (1)
In addition to the authority granted by §§ 5-1-120, 6-2-201(30), 6-19-101(a)(31), 6-33-101, and 7-1-102, a local government may authorize by resolution or ordinance, as applicable, an animal control agency to seize and take into custody any dog found trespassing on the premises of another.
- (2)
For purposes of this subsection (j):
- (A)
“Animal control agency” means a county or municipal animal shelter, dog pound, or animal control agency; private humane society; state, county, or municipal law enforcement agency; or any combination thereof, that temporarily houses stray, unwanted, or injured animals; and
- (B)
“Local government” means any county, municipality, city, or town.
- (k)
- (1)
In addition to other penalties provided by this section, a person convicted of a violation of this section in which the dog running at large causes bodily injury, serious bodily injury, or death of another, or damage to the property of another, shall be ordered by the court to make full restitution for all damages that arise out of or are related to the offense, including incidental and consequential damages incurred by the person or property owner.
- (2)
This subsection (k) does not prohibit a person who is bodily injured, seriously bodily injured, or killed, or a person whose property is damaged, by a dog running at large from pursuing the remedies provided under § 44-8-413, or another law.
§ 44-8-413. Civil liability for injury caused by dogs.
- (a)
- (1)
The owner of a dog has a duty to keep that dog under reasonable control at all times, and to keep that dog from running at large. A person who breaches that duty is subject to civil liability for any damages suffered by a person who is injured by the dog while in a public place or lawfully in or on the private property of another.
- (2)
The owner may be held liable regardless of whether the dog has shown any dangerous propensities or whether the dog's owner knew or should have known of the dog's dangerous propensities.
- (b)
Subsection (a) shall not be construed to impose liability upon the owner of the dog if:
- (1)
The dog is a police or military dog, the injury occurred during the course of the dog's official duties and the person injured was a party to, a participant in or suspected of being a party to or participant in the act or conduct that prompted the police or military to utilize the services of the dog;
- (2)
The injured person was trespassing upon the private, nonresidential property of the dog's owner;
- (3)
The injury occurred while the dog was protecting the dog's owner or other innocent party from attack by the injured person or a dog owned by the injured person;
- (4)
The injury occurred while the dog was securely confined in a kennel, crate or other enclosure; or
- (5)
The injury occurred as a result of the injured person enticing, disturbing, alarming, harassing, or otherwise provoking the dog.
- (c)
- (1)
If a dog causes damage to a person while the person is on residential, farm or other noncommercial property, and the dog's owner is the owner of the property, or is on the property by permission of the owner or as a lawful tenant or lessee, in any civil action based upon such damages brought against the owner of the dog, the claimant shall be required to establish that the dog's owner knew or should have known of the dog's dangerous propensities.
- (2)
The element of proof required by subdivision (c)(1) shall be in addition to any other elements the claimant may be required to prove in order to establish a claim under the prevailing Tennessee law of premises liability or comparative fault.
- (d)
The statute of limitations for an action brought pursuant to this section shall be the same as provided in § 28-3-104, for personal injury actions.
- (e)
As used in this section, unless the context otherwise requires:
- (1)
“Owner” means a person who, at the time of the damage caused to another, regularly harbors, keeps, or exercises control over the dog, but does not include a person who, at the time of the damage, is temporarily harboring, keeping, or exercising control over the dog; provided, however, that land ownership alone is not enough to qualify a landowner as a regular harborer even if the landowner gave permission to a third person to keep the dog on the land; and
- (2)
“Running at large” means a dog goes uncontrolled by the dog's owner upon the premises of another without the consent of the owner of the premises, or other person authorized to give consent, or goes uncontrolled by the owner upon a highway, public road, street or any other place open to the public generally.
Chapter 10 Dealers and Purchasers of Poultry, Livestock and Hides
Part 2 Tennessee Livestock Dealer Act
§ 44-10-202. Part definitions.
-
As used in this part, unless the context otherwise requires:
- (1)
“Alternative livestock” means non-traditional livestock that are hoofed and captive-farmed for purposes of agricultural or recreational use, as defined by § 70-4-403(3);
- (2)
“Commissioner” means the commissioner of agriculture or the commissioner's appointed agent;
- (3)
“Livestock” means cattle, calves, horses, mules, poultry, swine, sheep, goats, and alternative livestock;
- (4)
“Livestock dealer” means any person who buys, receives or assembles livestock for resale for that person's own account or that of another person more than nine (9) times in any consecutive three-month period;
- (5)
“Livestock producer” means any person who sells only livestock such person has raised or such person has owned and had in possession for a minimum of sixty (60) days; and
- (6)
“Person” means an individual, partnership, corporation, association, or other legal entity.
§ 44-10-203. License required — Fee.
-
Any person doing business as a livestock dealer must procure from the commissioner an annual license. Application for the annual license or its renewal shall be made on forms provided by the commissioner and accompanied by payment of a license fee set by rule pursuant to § 43-1-703. Upon a determination that the applicant is qualified, the commissioner shall issue a license to the applicant, and all annual licenses shall terminate and become void on June 30 in the calendar year following issuance of the license or renewal.
§ 44-10-204. Powers and duties of commissioner.
-
The commissioner has the power and duty to:
- (1)
Promulgate such rules and regulations as the commissioner deems necessary to implement and supplement this part and provide for its orderly administration;
- (2)
Prescribe necessary information to be provided by applicants for licenses to determine if the requirements of this part have been met;
- (3)
Issue licenses to qualified applicants and collect appropriate fees;
- (4)
Revoke or suspend the license of, or refuse to issue a license to, any person, licensee, or applicant who violates any provision of this part; and
- (5)
Require the necessary record keeping by licensees and submission of written reports, as warranted, in order to carry out the provision and intent of this part.
§ 44-10-205. License revocation or suspension — Hearing — Review.
- (a)
In the event the commissioner has reason to believe a licensee has violated any of the provisions of this part, including the rules and regulations promulgated under this part, the commissioner shall conduct a hearing, pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3, to determine if the license shall be suspended or revoked.
- (b)
The commissioner has the power to subpoena any persons or record incident to the hearing, and a charge of contumacy may be filed for those who refuse to comply; and the commissioner may administer oaths to those giving evidence. A court reporter shall be in attendance.
- (c)
Following the hearing, the commissioner may:
- (1)
Permanently revoke the license;
- (2)
Temporarily revoke the license; or
- (3)
Suspend the license for a definite period of time.
- (d)
The action of the commissioner may be reviewed by common law writ of certiorari to the chancery or circuit court of the county of the licensee who is the subject of the commissioner's action, and the petition shall be filed within ten (10) days from the date of the commissioner's order. Upon the grant of the writ of certiorari, the commissioner shall certify to the court a complete transcript of the proceedings instituted before the commissioner. This certified transcript shall constitute the whole record, and no additional proof or evidence shall be considered by the chancery court of Davidson County.
- (e)
The decision of the commissioner shall remain final until modified by the commissioner or by the courts.
§ 44-10-206. Prohibited acts.
-
The following actions are prohibited:
- (1)
Any person acting as a livestock dealer without a valid license issued by the commissioner;
- (2)
Failure to maintain records as required by the commissioner, including the names and addresses of sellers and buyers of livestock;
- (3)
Failure to provide access to all records required of such licensee by the commissioner;
- (4)
Buying or selling livestock under an assumed name or address. All livestock sales shall be evidenced by a written bona fide name and address of buyer and seller;
- (5)
Violation of any valid rule, regulation or statute governing livestock disease control;
- (6)
Failure to make payment to a buyer or seller, or making such payment with insufficient funds; and
- (7)
Failure to keep current bond requirements pursuant to 9 C.F.R. § 201, et seq.
§ 44-10-207. Exemptions from law.
-
This part shall not apply to any livestock producer who may occasionally buy or sell livestock in connection with that person's farming operations.
§ 44-10-209. Enjoining violations of law.
-
The commissioner, on determining that any person may have violated any provision of this part, may petition for injunctive relief from further violation. The petition should be addressed to the chancery court in the county in which the offense occurred or in which the offender's principal place of business is located or where the offender is doing business or resides. The chancellor, on determining that probable cause of a violation of this part exists, shall issue appropriate injunctive relief.
Chapter 11 Livestock Sales
§ 44-11-101. Chapter definitions.
-
As used in this chapter, unless the context otherwise requires:
- (1)
“Alternative livestock” means non-traditional livestock that are hoofed and captive-farmed for purposes of agricultural or recreational use, as defined by § 70-4-403(3);
- (2)
“Breed association” means a bona fide livestock breed association which conducts sales of livestock breeds recognized by the department in which such association assumes responsibility for conducting the sales, assumes title to any livestock sold, and accrues a majority of profits from the sales;
- (3)
“Commissioner” means the commissioner of agriculture;
- (4)
“Consignor” means any person consigning, shipping, or delivering livestock to a livestock market for sale, resale, or exchange;
- (5)
“Department” means the department of agriculture;
- (6)
“Livestock” means cattle, calves, horses, mules, poultry, swine, sheep, goats, and alternative livestock;
- (7)
“Livestock market” means any location where livestock is assembled and sold at public auction, on a commission basis, or otherwise for the compensation of the owner or operator, during regularly scheduled or special sales;
- (8)
“Livestock producer” means any person who sells only livestock such person has raised or such person has owned and had in possession for a minimum of sixty (60) days;
- (9)
“Operator” means any person conducting business as a livestock market;
- (10)
“Person” means any person, firm, or corporation; and
- (11)
“Representative” means an employee or designee of the commissioner.
§ 44-11-102. License required — Application.
- (a)
No person shall conduct the business of a livestock market without a valid license from the department.
- (1)
The application for a license shall be on forms prescribed and furnished by the department, and shall include:
- (A)
The name, address and phone number of the livestock market operator;
- (B)
The location and description of the establishment or property where the livestock market is to be conducted;
- (C)
A report of the types and volume of livestock to be handled, sold or exchanged;
- (D)
A copy of property and fire insurance for the livestock market;
- (E)
Proof the applicant has met the bonding requirements of 9 C.F.R. 201, et seq.; and
- (F)
Such other information as the commissioner may require.
- (2)
All applications shall be accompanied by the license fee required by § 44-11-104.
- (b)
This chapter shall not be construed to include as a livestock market the following:
- (1)
Any operation where Future Farmers, 4-H Club groups, or fairs conduct sales of livestock; or
- (2)
Any livestock producer or breed association as defined by § 44-11-101.
§ 44-11-103. Local regulation or prohibition of exhibition of livestock restricted.
- (a)
As used in this section:
- (1)
“Exhibition of livestock” means a show or sale of livestock at a fair or elsewhere that is sponsored by or under the control of a county or independent agricultural society, school, university, breed association, fair association, or similar organization; and
- (2)
“Local governing body” means the legislative body of a city, municipality, county, or other political subdivision of this state.
- (b)
No local governing body shall adopt or continue in effect any ordinance, resolution, rule, regulation, or other enactment regulating or prohibiting the exhibition of livestock in this state.
- (c)
Subsection (b) does not apply to any ordinance, resolution, rule, regulation, or other enactment regarding the exhibition of livestock in this state, when such enactment is otherwise authorized by state law or is related to reasonable restrictions regarding time, place, and manner consistent with other similar events or the protection of public health, safety, or welfare.
§ 44-11-104. Issuance of license — Fee.
- (a)
The annual license fee to operate a livestock market shall be set by rule pursuant to § 43-1-703.
- (b)
Upon receipt of an application for a license under this section, accompanied by the required bond and license fee, the department shall examine the application and if it finds the application to be in proper form and that the applicant has otherwise complied with this chapter, the department shall grant the license as applied for, subject to this chapter.
§ 44-11-105. Form of licenses — Display — Renewal.
- (a)
A separate license shall be required for each establishment or premises where a livestock market is operated or conducted. The original, or a certified copy of the license hereunder, shall be conspicuously displayed by the licensee in the sale ring or some other like prominent place in the establishment or premises licensed.
- (b)
Licenses shall expire on June 30 of each year and shall be renewed annually upon like application and procedure as in the case of the original license.
§ 44-11-106. Refusal to grant or renew license — Suspension or revocation — Grounds — Notice and hearing — Review.
- (a)
The commissioner may decline to grant or to renew a license, or may suspend or revoke a license upon the following grounds:
- (1)
The licensee has violated any provision of this chapter or any rule, order, or regulation issued under this chapter;
- (2)
The licensee has knowingly received on consignment or sold or exchanged stolen livestock or mortgaged livestock without authority from the owner or mortgagee;
- (3)
The licensee has been guilty of misrepresentation, deception, or fraud in any material particular in securing the license;
- (4)
The licensee has failed to keep records as required by this chapter;
- (5)
The licensee has failed to practice measures of sanitation and has failed to provide for the adequate yarding, housing, holding, and feeding of livestock;
- (6)
The licensee, in the case of livestock weighed on the licensee's scales and sold by weight, has knowingly quoted incorrect weights or has failed to have the scales regularly inspected and tested;
- (7)
[Deleted by 2010 amendment.]
- (8)
The licensee has engaged in any illegal activity on the premises where the community sale is located, the business violates the zoning regulations of any county, municipal, or regional planning commission, or the licensee has failed to comply with such rules and regulations as have been duly adopted in accordance with this chapter;
- (9)
The licensee has failed to comply with the Beef Promotion and Research Act of 1985, compiled in 7 U.S.C. §§ 2901-2911, or the Agriculture Commodities Promotion Act, compiled in § 43-29-101 et seq.;
- (10)
The licensee has failed to make payment after a sale or has made payment with insufficient funds to consigners for livestock sold through the market; or
- (11)
The licensee has been determined to be insolvent by the commissioner.
- (b)
When any of the foregoing have not been fully complied with, or if there has been a violation of this chapter, the commissioner may give notice to the applicant for a license, or a holder of a license, that the commissioner will conduct a hearing for the purpose of determining whether the commissioner should decline to grant, renew, or suspend or revoke a license pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3. The findings of the commissioner shall be final, and may be reviewed in the chancery court of Davidson County, by the common law writ of certiorari. When zoning is the question involved, the commissioner shall notify the applicant or holder of the license of the violation, and the applicant or holder shall then have only the rights granted in the zoning ordinance or regulation relative to a hearing and appeal, and shall prosecute the application for a hearing and appeal solely under the particular local zoning ordinance or regulation.
§ 44-11-107. Sale of livestock — Regulations governing — Inspection — Diseased animals.
-
Each livestock market may be under the direct supervision of a representative of the department. Except as otherwise provided in this chapter, no livestock known to be infected with or known to have been exposed to any contagious, infectious or communicable animal disease or infestation shall be consigned to or sold through any livestock market. The representative may inspect all livestock that is offered for sale and may prohibit the movement of any animals that in the representative's opinion are diseased or that are likely to be carriers of disease, until final inspection is made by a qualified, accredited veterinarian, as to their condition. If, upon examination, an infectious, contagious or communicable disease or infestation is found, such animals may be sold only for immediate slaughter to a recognized slaughterer where veterinary inspection is maintained; or, the owner may, upon submission of an affidavit of ownership for at least sixty (60) days prior to sale date, return them to the original premises, where a strict quarantine must be maintained. The representative shall also issue or cause to be issued all necessary quarantines for such animals as are sold for immediate slaughter or are returned to the original premises. A copy of the quarantine shall be sent to the state veterinarian immediately following issuance, and instructions given the owner that the truck moving the quarantined animals to slaughter or returning them to the original premises must be cleaned and disinfected before being used again to transport livestock. The representative shall supervise the cleaning and disinfecting of the yards and pens at such time as may be necessary, using only those disinfectants approved by the animal disease eradication branch of the agricultural research service of the United States department of agriculture.
§ 44-11-108. Records of operator.
- (a)
Each operator of a livestock market shall keep the following records for each lot of livestock consigned to or sold through such livestock market, namely:
- (1)
The name and address of the consignor;
- (2)
- (A)
A description of the livestock which shall include ear tag number or back tag number, or animal descriptors such as livestock sex, color, marking, or weight; and
- (B)
The date the livestock was received and sold;
- (3)
The name and address of the purchaser of the livestock; and
- (4)
The price for which the livestock was sold or exchanged and the commission or other fees charged by the livestock market, including such inspection fees as are required hereunder.
- (b)
These records shall be kept by the operator of a livestock market at the establishment or premises where the sale is held and conducted or such other convenient place as may be approved by the department. They shall be open for inspection by all officers or inspectors charged with the enforcement of this law, and they shall be preserved and retained for a period of at least two (2) years.
§ 44-11-110. Administration of chapter — Personnel.
- (a)
The state veterinarian shall administer this chapter.
- (b)
The state veterinarian is authorized to employ a chief inspector and shall have one (1) inspector assigned to work in each grand division of the state. In addition, the state veterinarian may employ part-time inspectors who may be assigned in particular localities or at particular community sales.
§ 44-11-111. License fees to be used in administration of chapter.
-
The license fees collected under this chapter shall be devoted exclusively to its administration and shall be kept in a separate account by the state treasurer, and no part of the fees collected under this chapter shall at any time become a part of the general fund of the state.
§ 44-11-113. Inspections authorized.
-
For the purpose of carrying out this chapter and making inspections under this chapter, the commissioner or the commissioner's duly authorized representative has the right to enter the establishment or premises where any community sale is held and to inspect its records at all times.
§ 44-11-114. Certain businesses excepted.
-
This chapter shall not apply to the business of buying or assembling livestock for the purpose of prompt shipment to or slaughter in any livestock market or packing house where veterinary inspection is regularly maintained under the animal disease eradication branch of the agricultural research services, United States department of agriculture.
§ 44-11-115. Violations of chapter — Penalty.
-
Any livestock operator, or any person who engages in business as a livestock market without a license, as herein required, or who violates any of the provisions of this chapter, or any rules and regulations lawfully issued hereunder, commits a Class A misdemeanor.
§ 44-11-116. Injunction.
-
Whenever it appears to the commissioner that any person has engaged or is about to engage in any act or practice constituting a violation of any provision of this chapter or any rule hereunder, the commissioner may, in the commissioner's discretion, bring an action in the chancery court of any county in this state to enjoin the acts or practices and to enforce compliance with this chapter or any rule hereunder.
Chapter 14 Sheep Producers' Indemnity Law
§ 44-14-102. Chapter definitions.
- (a)
As used in this chapter, unless the context otherwise requires:
- (1)
“Association” means any association or corporation organized under this chapter;
- (2)
“Member” includes bona fide sheep producers who meet the requirements of associations organized under this chapter; and
- (3)
“Person” includes an individual, firm, partnership, corporation and association.
- (b)
Associations organized hereunder shall be deemed “nonprofit,” inasmuch as they are not organized to make profit for themselves, as such, or for their members, as such, but only for their members as producers.
§ 44-14-103. Who may organize.
-
Five (5) or more persons, a majority of whom are residents of this state, engaged in the production of sheep, may form a nonprofit cooperative protective association, without capital stock under this chapter.
§ 44-14-104. Powers and limitations of association.
-
Each association organized hereunder has the following powers and limitations:
- (1) Indemnity Limited.
The indemnity allowed shall in no instance exceed the value of the animal;
- (2) Losses Prior to Membership.
The association shall not protect the member from losses occurring prior to membership in the association;
- (3) Losses While Member in Arrears.
The association shall not indemnify a member for losses sustained while the member is in arrears in payment of membership fees, but the member shall be considered to be suspended and without protection until the fees are paid, but shall continue to be liable for all fees due the association;
- (4) Loss Caused by Design of Assured.
The association shall not be responsible for any loss caused by the design of the assured;
- (5) Liability for Assessment.
No member shall be liable for assessments to pay losses and expenses accruing previous to the time of the member's membership in the association, nor for losses and expenses accruing after membership ceases;
- (6) Joint or Concurrent Indemnity.
In all cases of other indemnity against loss by dogs upon the sheep protected in the association, whether prior or subsequent to the date of protection in the association, in the event of loss by dogs, the member will not be entitled to recover on the indemnity in the association any greater portion of the loss sustained than the indemnity in the association shall bear to the whole amount of indemnity on the sheep;
- (7) Must Cover All Sheep.
The member shall schedule for indemnity all the sheep that the member owns within the territory of the association that are one (1) year of age and over. Lambs produced from ewes insured in the association shall be protected according to the schedule of indemnity payments until one (1) year of age, so long as ownership does not change, without the payment of any fees;
- (8) Funds.
If, at the end of the fiscal year, there are sufficient funds above and beyond those to be expended for indemnity claims, a reasonable reserve fund shall be set aside; then, if there are still additional funds, the remainder shall be credited to the members pro rata (on a basis as paid into the association) on the ensuing year's fees. If there are not sufficient funds from the fees collected that are available at the end of the fiscal year to pay the indemnity claims as approved in full, then all indemnity payments shall be reduced pro rata;
- (9) Term of Indemnity.
All indemnity shall date from the date of issuance of certificate of membership. This indemnity ceases at midnight Central Standard Time (12:00 CST) of the last day of the fiscal year;
- (10) Renewal of Indemnity.
Indemnity shall be renewed only when the member pays all protective fees and otherwise fulfills all requirements as stipulated in the bylaws;
- (11) Liability of the Association.
The association shall in no instance be liable for loss from other causes than death of sheep caused by dogs;
- (12) Cancellation of Membership.
A member may, at any time upon written request to the secretary and the payment of all valid claims against the member, have the member's membership in the association cancelled;
- (13) Cancellation of Indemnity.
The association may, upon five (5) days' notice, for any cause deemed sufficient by the board of directors or its representatives, cancel the indemnity of any member or any part thereof; and
- (14) Additional Powers.
The association has the power to:
- (A)
Do each and everything necessary, suitable or proper for the accomplishment of any one (1) of the purposes or the attainment of any one (1) of the subjects herein enumerated, or conducive to or expedient for the interest or benefit of the association, and to contract accordingly;
- (B)
Exercise and possess all powers, rights and privileges necessary or incidental to the purposes for which the association is organized or to the activities in which it is engaged; and
- (C)
Have any other rights, powers and privileges granted by the laws of this state to other corporations, except such as are inconsistent with the express provisions of this chapter.
§ 44-14-105. Members.
- (a)
Under the terms and conditions prescribed in the bylaws adopted by it, the association may admit as members only persons engaged in the production of sheep, including the lessees and tenants of land used for the production of sheep, and any lessors and landlords who receive as rent all or any part of the sheep, or returns therefrom, raised on the leased premises.
- (b)
If a member of the association is other than a natural person, the member may be represented by any individual, associate officer or manager or member thereof, duly authorized in writing.
§ 44-14-106. Articles of incorporation.
- (a)
Each association formed under this chapter must prepare and file articles of incorporation setting forth:
- (1)
The name of the association;
- (2)
The purpose for which it is formed;
- (3)
The place where its principal business will be transacted;
- (4)
The term for which it is to exist, not exceeding fifty (50) years; and
- (5)
- (A)
The number of directors of the association, which must be not less than five (5) and may be any number in excess of five (5);
- (B)
The term of office of such directors; and
- (C)
The names and addresses of those who are to serve as incorporating directors for the first term, and/or until the election and qualification of their successors.
- (b)
The articles must be subscribed by the incorporators and acknowledged before an officer authorized by the law of this state to take and certify acknowledgments of deeds and conveyances, and shall be filed in accordance with the general incorporation laws of this state.
§ 44-14-107. Amendments to articles of incorporation.
-
The articles of incorporation may be altered or amended at any regular meeting or any special meeting called for that purpose. An amendment must first be approved by two thirds (⅔) of the directors and then be adopted by a vote representing a majority of all the members of the association. Amendments to the articles of incorporation, when so adopted, shall be filed in accordance with the general corporation laws of this state.
§ 44-14-108. Bylaws.
- (a)
Each association incorporated under this chapter must, within thirty (30) days after its incorporation, adopt for its government and management, a code of bylaws not inconsistent with the powers granted under this chapter. A majority vote of the members, or their written assent, is necessary to adopt bylaws.
- (b)
Each association, under its bylaws, may provide for any or all of the following matters:
- (1)
The number of members constituting a quorum;
- (2)
The right of members to vote by proxy or by mail, or both; and the conditions, manner, form and effects of such votes;
- (3)
The number of directors constituting a quorum;
- (4)
The qualifications, compensation, duties, term of office of directors and officers; the time of their election and mode and manner of giving notice thereof;
- (5)
Penalties for violations of the bylaws;
- (6)
The amount of entrance, organization and membership fees, if any; the manner and method of collection of the same; and the purpose for which they may be used;
- (7)
The amount that each member shall be required to pay annually or from time to time, if at all, to carry on the business of the association; the charge, if any, to be paid by each member for service rendered by the association to that member and the time of payment and manner of collection; and
- (8)
The number and qualification of members of the association and the conditions precedent to membership; the method, time, and manner of permitting members to withdraw; the manner of assignment and transfer of the interest of members; the conditions upon which and the time when the membership of any member shall cease; the automatic suspension of the rights of a member when the member ceases to be eligible to membership in the association; the mode, manner and effect of the expulsion of a member; the manner of determining the value of a member's interest and provision for its purchase by the association upon the death or withdrawal of the member, or upon the expulsion of a member for forfeiture of membership, or, at the option of the association, the purchase of the member's interest at a price fixed by conclusive appraisal of the board of directors. In case of the withdrawal or expulsion of a member, the board of directors shall equitably and conclusively appraise the member's property and property interests in the association and fix the amount of the property and property interests in money, which shall be paid to the member within one (1) year after expulsion.
§ 44-14-109. General and special meetings — Calling — Notice.
- (a)
In its bylaws, each association shall provide for one (1) or more regular meetings each year.
- (b)
The board of directors shall have the right to call a special meeting at any time; and ten percent (10%) of the members may file a petition stating the specific business to be brought before the association and demand a special meeting at any time.
- (c)
Such meetings must thereupon be called by the directors. Notice of all meetings, together with a statement of the purposes thereof, shall be mailed to each member at least ten (10) days prior to the meeting; provided, that the bylaws may require instead that such notice may be given by publication in a newspaper of general circulation, published at the principal place of business of the association.
§ 44-14-110. Directors — Election — Compensation — Vacancies.
- (a)
The affairs of the association shall be managed by a board of not less than five (5) directors elected by the members from their own number. The bylaws may provide that one (1) or more additional directors may be appointed by any public official or commission or by the other directors selected by the members or their delegates. The additional directors shall represent primarily the interest of the general public in such associations. The directors so appointed need not be members of the association, but shall have the same powers and rights as other directors. These directors shall not number more than one fifth (⅕) of the entire number of directors.
- (b)
An association may provide a fair remuneration for the time actually spent by its officers and directors in its service and for the service of the members of its executive committee.
- (c)
The bylaws may provide that no director shall occupy any position in the association, except that of president and secretary at a regular salary or substantially full-time pay.
- (d)
The bylaws may provide for an executive committee and may allot to the committee all the functions and powers of the board, subject to the general direction and control of the board.
- (e)
When a vacancy on the board occurs other than by expiration of term, the remaining members of the board, by a majority vote, shall fill the vacancy.
§ 44-14-111. Election of officers.
-
The directors shall elect from their number a president and one (1) or more vice presidents. They shall also elect a secretary and a treasurer, who need not be directors or members of the association; and they may combine the two (2) latter offices and designate the combined office as secretary-treasurer, or unite both functions and titles in one person. The treasurer may be a bank or any depository, and as such, shall not be considered as an officer, but as an agency of the board. In such case, the secretary shall perform the usual accounting duties of the treasurer, except that the funds shall be deposited only as and where authorized by the board.
§ 44-14-112. Bonding officers, employees, and agents.
-
Every officer, employee and agent handling funds or negotiable instruments or property of or for any association created under this chapter shall be required to execute and deliver a bond for the faithful performance of that person's duties and obligations.
§ 44-14-113. Membership certification — Issuance — Voting — Liability.
- (a)
When a member of an association has paid the membership fee in full, and has also paid the prescribed protective fees, the member shall receive a certificate of membership. The promissory notes of the members may be accepted by the association as full or partial payment of fees.
- (b)
No member shall be liable for the debts of the association to an amount exceeding the sum remaining unpaid on the membership fee or the prescribed protective fees, including any unpaid balance on any promissory notes given in payment of such fees.
- (c)
No member shall be entitled to more than one (1) vote, regardless of the number of sheep owned by such member.
§ 44-14-114. Removal of officer or director.
-
Any member may bring charges against an officer or director by filing them in writing with the secretary of the association, together with a petition signed by five percent (5%) of the members, requesting the removal of the officer or director in question. The removal shall be voted upon at the next regular or special meeting of the association and, by a vote of a majority of the members, the association may remove the officer or director and fill the vacancy. The officer or director, against whom such charges have been brought, shall be informed in writing of the charges previous to the meeting and shall have an opportunity at the meeting to be heard in person or by counsel and to present witnesses; and the person or persons bringing the charges against the officer or director shall have the same opportunity.
§ 44-14-115. Annual reports.
-
Each association formed under this chapter shall prepare and make out an annual report on forms to be furnished by the commissioner of commerce and insurance, containing:
- (1)
The name of the association;
- (2)
Its principal place of business;
- (3)
A general statement of its business operations during the fiscal year, showing the number of members, amount of membership fees received, and the amount of prescribed protective fees received;
- (4)
The total expenses of operations;
- (5)
The amount of its indebtedness or liability;
- (6)
Its balance sheets; and
- (7)
Such other information as may be required by the commissioner.
§ 44-14-117. Application of general corporation laws.
- (a)
The general corporation laws of this state, and the powers and rights under those laws, shall apply to the associations organized under this chapter, except where those provisions are in conflict with or inconsistent with the express provisions of this chapter.
- (b)
None of the provisions of the general insurance laws of the state shall apply to any association or corporation organized under this chapter, except that the department of commerce and insurance shall act in a supervisory capacity and shall be authorized to make an inspection and investigation of the associations' or corporations' books and activities, and may require any reports from the associations or corporations that, in the judgment of the commissioner, are deemed to the best interest of the public.
§ 44-14-118. Filing fees.
-
For filing articles of incorporation an association organized under this chapter shall pay five dollars ($5.00); and for filing an amendment to the articles, two dollars ($2.00).
Chapter 15 Tennessee Apiary Act of 1995
§ 44-15-101. Title — Purpose.
- (a)
This chapter shall be known and may be cited as the “Tennessee Apiary Act of 1995.”
- (b)
Honeybees are kept in beehives by beekeepers throughout the state, and many colonies of feral honeybees have established nests in hollow trees and in walls of buildings. These honeybees perform a pollination function that is essential to the propagation of many species of flowering plants in Tennessee. These flowering plants include many agricultural crops, wildflowers, and forest plants that are of great importance to all Tennesseans, and the honeybees are the major pollinator for most of these plants. Therefore, the state should take appropriate actions to help assure the continued availability of an adequate population of honeybee pollinators. Honeybees, like other animal species, are afflicted by a variety of contagious diseases and pests that can cause serious population reductions. The natural behavior of honeybees cause them to be interactive with bees from other colonies and therefore vulnerable to transmission of some diseases and pests. Therefore, persons involved in the keeping of bees in a given area can engage in beekeeping practices that will have a real and direct impact on the honeybees and beekeeping in surrounding areas. This chapter enables and provides for the development of regulatory programs for beekeeping activities in the state as may be needed to help protect honeybees from diseases, pests, and other threats that could seriously reduce the availability of the honeybee pollinators.
§ 44-15-102. Chapter definitions.
-
As used in this chapter, unless the context otherwise requires:
- (1)
“Abandoned apiaries” means an apiary that has not been subjected to at least the minimal beekeeping practices necessary to maintain the bees in a healthy, productive, and safe condition so that the honeybees and beekeepers in surrounding areas will not be adversely affected;
- (2)
“Advisory committee” or “ATAC” means the apicultural technical advisory committee that is established pursuant to this chapter;
- (3)
“Apiary” means a collection of one (1) or more colonies of bees in beehives at a location. A building or room in a building is considered to be the location of an apiary only if one (1) or more beehives containing colonies of honeybees are housed within that building;
- (4)
“Apiary inspectors” means those persons with relevant qualifications and beekeeping training who are employed by or working under contract with the department of agriculture for the purpose of implementing regulatory programs as directed by the state apiarist;
- (5)
“Appliances” means any apparatus, tools, machines or other devices used in handling and manipulating bees, honey, and wax that may be used in an apiary, or in transporting bees and their products and apiary supplies;
- (6)
“Bee disease or pest” means a condition in which a colony is infested/infected with a bacterial, fungal, viral, or parasitic condition or an organism that can or will affect the well-being of a colony;
- (7)
“Beekeeper” means any individual, association, corporation, or other entity who deliberately provides nesting sites for colonies of honeybees and attempts to establish and maintain colonies of honeybees at any location;
- (8)
“Bees” or “honeybees” means any developmental stage of any sub- species of the species Apis mellifem;
- (9)
“Certification” means a voluntary training program approved by the department that when successfully completed authorizes the beekeeper to detect, identify, and control regulated bee diseases and pests in colonies under the management of that beekeeper;
- (10)
“Certified beekeeper” means any person who has successfully met the requirements of a voluntary certification program for beekeepers as approved by the state apiarist;
- (11)
“Colony” means all of the bees living together as one (1) social unit and may include the bee equipment in which the bees are living;
- (12)
“Commissioner” means the commissioner of agriculture or the commissioner's designated agent;
- (13)
“Department” means the Tennessee department of agriculture;
- (14)
“Feral bees” means those honeybees not kept in a beehive provided by a beekeeper and whose nest sites are usually located in a cavity within a tree or a building;
- (15)
“Hive” or “beehive” means that container or structure used by a beekeeper to provide a cavity in which a colony of bees is expected to establish a permanent nest;
- (16)
“Registered apiary” means an apiary location that has been properly registered with the department as required by this chapter;
- (17)
“Registered beekeeper” means a beekeeper whose apiaries are properly registered with the department;
- (18)
“Regulated bee disease” or “regulated pest” means a bee disease or pest that presents a significant threat to the population of honeybees and for which regulatory actions can be taken to mitigate that threat; and
- (19)
“State apiarist” means that person employed by the department who has the qualifications prescribed by this chapter and has been designated as state apiarist by the commissioner.
§ 44-15-103. State apiarist.
- (a)
- (1)
The commissioner shall appoint a state apiarist, subject to any applicable rules or qualifications established by the department of human resources. The state apiarist is responsible for the apiary work of the department of agriculture and, with the necessary assistants, is charged with the duty of enforcing this chapter. The person designated as state apiarist shall have, as a minimum, a college degree in one (1) of the biological sciences and a minimum of five (5) years apiary experience.
- (2)
The state apiarist is responsible for developing, implementing, and administering the apiary program needed to satisfy the objectives and provisions of this chapter, and shall have the duty of enforcing those rules and regulations promulgated pursuant to this chapter.
- (b)
The commissioner may appoint, in accordance with any applicable personnel rules and regulations, such assistants, apiary inspectors, and other employees as may be required, and to prescribe their duties; to delegate to apiary inspectors and other employees such powers and authority as may be deemed proper within the limits of the power and authority conferred upon the commissioner by this chapter.
- (c)
The state apiarist and the apiary inspectors may provide educational literature and may conduct training programs for beekeeping on topics related to prevention, detection, and control of bee diseases and pests and other topics that will help beekeepers maintain needed populations of honeybees. The literature and training programs may be developed and conducted in cooperation with the extension apiculturist at the University of Tennessee.
- (d)
The state apiarist and all apiary inspectors may own colonies of bees and engage in beekeeping activities on their own time, and their beekeeping activities will be subject to the same rules and regulations as applied to all other beekeepers. The department shall not prohibit such activities but may develop guidelines to avoid interference with work responsibilities and to prevent conflicts of interest.
§ 44-15-104. Cooperative agreements.
-
The commissioner is authorized to enter into cooperative agreements and/or grants with any person, municipality, county and other departments of this state, and boards, officials and authorities of other states and the United States for inspection with reference to infectious and contagious diseases and regulated pests of honeybees, and for their control and eradication.
§ 44-15-105. Registration of apiaries.
- (a)
Every beekeeper owning one (1) or more colonies of bees shall register each apiary location by January 1, 1996, and every three (3) years thereafter. Upon establishment of a new apiary location, it is the duty of the owners or operators of the apiary to register the new locations within thirty (30) days. Any person, firm, or corporation moving bees into the state shall register all apiary locations within thirty (30) days from the date of the establishment of each apiary.
- (b)
If an unregistered apiary is found, the state apiarist or any apiary inspector shall make a reasonable effort to locate the owner of the bees and notify the beekeeper by means of a registered letter of the registration requirements and the consequences of noncompliance.
- (c)
The state apiarist shall issue to each beekeeper with one (1) or more registered apiaries a unique registration number that will be used for apiary identification purposes.
§ 44-15-106. Moveable frames.
-
Each beekeeper is required to provide moveable frames in all hives used by that beekeeper to contain bees, so that any such frame can be removed from the hive and inspected for any regulated diseases and pests. Any beekeeper having a colony of bees living in any beehive or other container that does not have moveable frames may be ordered by the state apiarist to transfer the bees into a hive with moveable frames within a specified period of time. If the beekeeper does not make the transfer within the specified time period, the state apiarist shall have the authority to confiscate the bees and hive or hives.
§ 44-15-107. Inspection program.
-
The state apiarist, assisted by the apiary inspectors identified in this chapter, has the authority and responsibility to establish and implement a program for inspection of apiaries throughout the state for the purpose of detecting regulated bee diseases and pests and for implementing control measures as needed to minimize the adverse impacts of those diseases and pests on the honeybee population in the state. The apiary inspection program will be conducted in accordance with standard procedures that are developed by the state apiarist. The state apiarist may require or supervise the treatment, destruction, or disposition of diseased bees or contaminated bee equipment or bee supplies in accordance with rules and regulations promulgated under the authority of this chapter. Any apiary inspector duly authorized by the state apiarist has the authority to go upon any public or private property for the purpose of conducting an inspection of an apiary located on that property. The inspector shall make a reasonable effort to notify the beekeeper of a planned inspection prior to the actual inspection.
§ 44-15-108. Sale or movement of bees.
- (a)
No bees may be sold, offered for sale, moved, or transported, shipped or delivered within the state, unless they have been inspected by an appropriate official of the state and certified to be apparently free of infectious or contagious regulated bee diseases and pests in accordance with rules and regulations promulgated under this chapter.
- (b)
All persons desiring to move bees, hives, slumgums, used beekeeping equipment or appliances into the state must apply to the department for a permit. The application shall be accompanied by a certificate of health certifying that all bees, hives, slumgums, used beekeeping equipment or appliances have been inspected by an authorized official within thirty (30) days prior to transportation into Tennessee, and that the bees, hives, slumgums, used beekeeping equipment or appliances were found apparently free from any regulated diseases or pest.
§ 44-15-109. Duty to report disease or pest — Authority to inspect.
- (a)
If a beekeeper knows that a colony of bees has a regulated bee disease or pest, the beekeeper shall immediately report to a state apiary inspector all facts known about the bee's disease or bee's pests.
- (b)
If any apiary inspector has substantial reason to believe that a feral colony of bees may be harboring any regulated bee disease or pest, the inspector has the authority to enter onto any property, public or private, to locate and examine that feral colony of bees. The examination of a feral colony and any subsequent regulatory activity must be conducted in accordance with rules established by the department.
§ 44-15-110. Quarantine—Unlawful to expose free-flying honeybees to disease, pest, or any substance known to kill bees.
- (a)
The state apiarist and the duly authorized apiary inspectors have the power and authority to declare a quarantine on any apiary found to be infected/infested with any regulated bee diseases or pests. Immediately after the apiary is declared to be infected/infested, a quarantine notice will be presented to the beekeeper and will include specific instructions as to required actions by the beekeeper. The appliances directly associated with that apiary shall be under quarantine and shall be subject to regulatory actions imposed by the department. The commissioner may declare a geographical area quarantine against any county, group of counties, region, or state where a regulated bee disease or pest is found in a sufficient number of apiaries that the infestation can be considered endemic. However, bees may not be moved from the quarantine area except by permission from the state apiarist or an apiary inspector.
- (b)
It is unlawful for any person in the state to participate in or conduct a deliberate act that exposes free-flying honeybees to a known source of any regulated bee disease or pest or to any substance commonly known to kill bees. This section does not apply to farmers, gardeners, or others who are using legally registered pesticides in strict compliance with the label instructions. The deliberate acts that are prohibited include, but are not limited to, the following:
- (1)
Placing in a location that is accessible to free-flying honeybees any beeswax combs, beekeeping equipment, honey, or other substance known to be attractive to honeybees and capable of transmitting bee diseases or pests and known to have been in contact with or associated with sources of regulated bee diseases or pests;
- (2)
Placing in a location that is accessible to free-flying honeybees any honey, sugar syrup, corn syrup, or other substance known to be attractive to bees and to which some pesticide or other substance harmful to honeybees has been added; or
- (3)
Producing, making, releasing, or otherwise causing any spray, smoke, fog, dust, or other substances to enter a beehive for the purpose of killing the bees therein except as requested by the owner of the bees or as required by a state regulatory order.
§ 44-15-111. Certification program.
- (a)
The department may authorize establishment of a certification program whereby beekeepers who successfully complete the requirements of the program will be certified to have demonstrated the knowledge and skills needed to effectively detect, identify, and control regulated bee diseases and pests. The state apiarist will develop and administer any regulatory certification program that is established.
- (b)
The beekeeper certification program shall be a voluntary program, and any applicant must successfully complete the program requirements to become a certified beekeeper. Each person who becomes certified will be granted certain privileges with regard to regulatory requirements promulgated pursuant to this chapter.
§ 44-15-112. Used beekeeping equipment.
-
No person shall sell or give to any other person any used beekeeping equipment until the equipment has been sanitized by a method approved by the state apiarist. This requirement will not apply to equipment that is occupied by live bees.
§ 44-15-113. Entry permit — Inspection certificates.
- (a)
Any person wanting to move live bees in beehives or empty brood combs (combs that have been used for rearing bee brood) into the state must apply to the department for an entry permit. The application shall be accompanied by a certificate of health from the originating state's regulatory agency certifying that all bees and beehives and used brood combs have been inspected by an authorized official thirty (30) days prior to transportation into Tennessee. The certificate of health must show what diseases and pests were found as a result of the inspection. The state apiarist shall review the application and the health certificate and will determine whether or not an entry permit shall be granted and what conditions or requirements must be met prior to entry.
- (b)
Any person, firm or corporation transporting colonies or used beekeeping equipment into, within, or through the state must secure the hives and equipment in such a manner as to prevent the escape of bees.
- (c)
The state apiarist and all apiary inspectors shall be empowered to intercept any person or persons transporting colonies or appliances to determine if the person or persons have the required inspection certificates.
- (d)
Colonies, beehives, slumgums, used bee equipment or appliances brought into this state in violation of this chapter or any applicable rules and regulations of the department shall be removed by the owner from this state and returned to their state of origin within five (5) days after notification by the department. Failure to comply may result in confiscation as provided in § 44-15-117 without any remuneration to the owner.
§ 44-15-114. Penalty.
-
Any person violating any of the provisions of this chapter or the rules and regulations made under this chapter, or of any order or notice given pursuant thereto, or who shall forge, counterfeit, destroy, or wrongfully or fraudulently use, any certificate, permit, notice or other like document provided or who impedes, hinders or otherwise prevents, or attempts to prevent, the commissioner or the commissioner's duly authorized agent from performing the official's duty in connection with this chapter, may, in a lawful proceeding pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, be assessed a civil penalty of not more than five hundred dollars ($500) for each violation.
§ 44-15-115. Disposition of funds.
-
All fees, fines, and proceeds resulting from the sale of seized properties collected under this chapter shall be paid into the general fund and the same are appropriated exclusively to the department to be used in carrying out this chapter.
§ 44-15-116. Experimental apiaries.
-
The state apiarist is empowered to establish or to authorize establishment of apiaries for experimental purposes associated with research on or evaluation of conditions related to any bee disease or pest.
§ 44-15-117. Disposition of confiscated bees and beehives.
-
All bees and beehives confiscated by the state apiarist as allowed by this chapter shall be destroyed by burning if the state apiarist determines that the confiscated property is infested with a regulated disease or pest to such an extent that it presents a significant and unacceptable threat to bees in the surrounding area. The state apiarist is allowed to use or to authorize use of confiscated property for experimental purposes. Otherwise the property may be donated to any college or university within the state that requests the property for research or educational purposes or disposed of at the discretion of the commissioner.
§ 44-15-118. Preventive measures.
-
After inspection of infected/infested bees or fixtures, or handling diseased bees, the state apiarist or assistants, before leaving the premises on which disease is found, or proceeding to any other apiary, shall take such measures as to prevent the spread of the disease or pests by infected/infested material adhering to that person's or persons' body or clothing, or any tools or appliances used by the state apiarist or any assistants that have come in contact with infected/infested materials.
§ 44-15-119. Unlawful activities.
-
It is unlawful for any person to knowingly give false or misleading information in any matter pertaining to the enforcement of this chapter, or to resist, impede, or hinder the state apiarist or any duly authorized apiary inspector in the discharge of duties as described in this chapter.
§ 44-15-120. Honey storage and handling.
- (a)
Honey can be contaminated with certain organisms that can cause disease in honeybees. Therefore, honey containers and beekeeping equipment that are wet with honey shall be stored, transported, and handled in such a way that free-flying honeybees will not be able to gain access to that honey.
- (b)
No candy or other food containing honey shall be used in queen mailing cages.
§ 44-15-122. Charges.
-
In order to recover departmental costs, the commissioner is authorized to charge for the use of equipment and materials in providing technical assistance to beekeepers.
§ 44-15-123. Indemnity for destruction.
-
The commissioner may establish procedures for the payment of indemnities for honey bee colonies destroyed under the authority of this chapter. Indemnity under this section is not intended to be a full reimbursement but a partial compensation based on, but not limited to, the value of the colonies and the availability of funds for this purpose. Indemnification may be disallowed if the owner is in violation of this chapter.
§ 44-15-124. Restrictions on keeping honeybees in hives.
-
No county, municipality, consolidated government, or other political subdivision of this state shall adopt or continue in effect any ordinance or resolution prohibiting the establishment or maintenance of honeybees in hives, provided that such establishment or maintenance is in compliance with this chapter. This section shall not be construed to restrict or otherwise limit the zoning authority of county or municipal governments; provided, however, that a honeybee hive being maintained at a location in compliance with applicable zoning requirements on June 10, 2011, shall not be adversely affected and may be maintained at the same location notwithstanding any subsequent zoning changes.
§ 44-15-125. Liability for personal injury or property damage.
- (a)
Any person who has registered an apiary pursuant to § 44-15-105, is otherwise in compliance with this part and operates such apiary in a reasonable manner shall not be liable for any personal injury or property damage that is caused by the keeping and maintaining of:
- (1)
Bee equipment, queen breeding equipment, apiaries, affiliated appliances that are located on such apiary; or
- (2)
Bees that nest in a beehive that is located on such apiary.
- (b)
The limitation of liability established by this section shall not apply to intentional tortious conduct or acts or omissions constituting gross negligence.
Chapter 16 Baby Chicks
Part 2 Custom Hatching or Producing for Sale
§ 44-16-201. License required.
-
Every person engaging in the business of custom hatching, producing baby chicks for sale or selling or offering baby chicks for sale either individually or by or through community sale, public pavilions or public auction shall obtain a license from the department for each establishment at which such business is conducted.
§ 44-16-203. Duties of licensees.
-
Any person coming under this part shall:
- (1)
Maintain sanitary measures such as will properly suppress and prevent the spread of contagious and infectious diseases of baby chicks;
- (2)
Provide ample facilities for the proper care and handling of baby chicks on the premises;
- (3)
Determine that all baby chicks are in a healthy condition before offering them for sale; and
- (4)
Label all containers holding baby chicks, when offered for sale as a unit, with the following: number of baby chicks; breed and variety of baby chicks; date hatched; whether or not parent stock has been tested for pullorum disease; cockerels, pullets, or straight run; name and address of producer; and the name and address of the seller.
§ 44-16-204. Access to premises — Enforcement by commissioner.
- (a)
The commissioner of agriculture or the commissioner's duly authorized agent has free access at all reasonable hours to any place of business coming under this part.
- (b)
The commissioner shall enforce this part and has the authority to promulgate regulations for the efficient enforcement of its provisions.
§ 44-16-205. Part definitions.
-
As used in this part, unless the context otherwise requires:
- (1)
“Baby chicks” means all domestic fowl six (6) weeks of age or under;
- (2)
“Department” means department of agriculture; and
- (3)
“Person” includes every person, partnership, firm, company, association, society, public auction, community sale, sale pavilion, syndicate, and corporation.
§ 44-16-206. Application of law.
-
This part shall not be construed to include any person who hatches for sale one thousand (1,000) or fewer baby chicks per year.
Chapter 17 Dogs and Cats
Part 1 Dog and Cat Dealers
§ 44-17-101. Purpose of part.
-
The purpose of this part is to protect the owners of dogs and cats from the theft of their pets, to prevent the sale or use of dogs and cats that have been stolen, and to ensure the humane treatment of dogs and cats in commerce and those used in research facilities.
§ 44-17-102. Part definitions.
-
As used in this part, unless the context otherwise requires:
- (1)
“Cat” means any live cat of the species Felis catus;
- (2)
“Commerce” means buying or selling or transporting from one (1) place to another in this state;
- (3)
“Commissioner” means the commissioner of agriculture;
- (4)
- (A)
“Dealer” means any person who, for compensation or profit, buys, sells, transports (except as a common carrier), delivers for transportation, or boards dogs or cats for research purposes, or any person who buys or sells twenty-five (25) or more dogs or cats in any one (1) calendar year for resale within the state or for transportation out of the state;
- (B)
“Dealer” also means any person who, for compensation or profit, buys from or sells to a private person at a flea market any dog or cat;
- (5)
“Dog” means any live dog of the species Canis familiaris;
- (6)
“Flea market” means any assemblage of twenty (20) or more persons gathered together at regular or irregular intervals, whether in open air or under cover, for the purpose of buying, selling, or trading merchandise to and from the general public, when this buying, selling, or trading is outside of the regular business or occupation of the majority of persons so gathered, and when the majority of the persons so gathered do not pay a business privilege tax for their activities at the flea market;
- (7)
“Person” means any individual, firm, corporation, partnership, association, or other legal entity; and
- (8)
“Research facility” means any school, hospital, laboratory, institution, organization or person that uses or intends to use dogs or cats in research, tests, or experiments and that purchases or transports dogs or cats in commerce.
§ 44-17-104. Applications for license — Fee.
- (a)
An application for a license as a dealer shall be made to the commissioner on a form provided by the commissioner, which shall contain space for such information as the commissioner may reasonably require, including evidence of ability to comply with such standards, rules and regulations as are lawfully prescribed by the commissioner.
- (b)
Each application for a license shall be accompanied by a license fee based upon the following:
- (1)
Dealer license fee to sell dogs or cats to research facilities — two hundred and fifty dollars ($250);
- (2)
Dealer license fee (wholesale) to sell dogs or cats for resale — one hundred and twenty-five dollars ($125);
- (3)
Dealer license fee (retail) to buy dogs or cats for resale to be assessed as follows:
- (A)
Transactions of up to 50 animals per year — one hundred and twenty-five dollars ($125);
- (B)
Transactions of 51 to 150 animals per year — two hundred and fifty dollars ($250);
- (C)
Transactions of 151 to 300 animals per year — five hundred dollars ($500);
- (D)
Transactions of 301 to 500 animals per year — seven hundred and fifty dollars ($750); and
- (E)
Transactions of more than 500 animals per year — one thousand dollars ($1,000); and
- (4)
Dealer license fee to transport dogs or cats in commerce — one hundred and twenty-five dollars ($125).
§ 44-17-105. Issuance of dealer's license — Requirements.
- (a)
The commissioner shall issue a license to an applicant after determining:
- (1)
The applicant or the responsible officers of the applicant are of good moral character;
- (2)
The applicant or any responsible officer of the applicant has never been convicted of cruelty to animals or of a violation of this part;
- (3)
An inspection has been made of the premises and a finding that it conforms to this part and the rules and regulations of the commissioner, and is a suitable place in which to conduct the dealer's business; and
- (4)
The dealer's business is to be conducted in a permanent structure or building.
- (b)
Each license shall be issued only for the premises and to the person or persons named in the application and shall not be transferable or assignable except with the written approval of the commissioner.
- (c)
Licenses shall be posted in a conspicuous place on the licensed premises.
§ 44-17-106. Annual renewal of dealer's license — Fee.
-
A license, unless sooner suspended or revoked, shall be renewable annually upon filing by the licensee and approval by the commissioner, of an annual report upon such forms and containing such information as the commissioner may prescribe by regulation. The fee for renewal of licenses shall be based upon the following:
- (1)
Dealer license fee to sell dogs or cats to research facilities — one hundred and twenty-five dollars ($125);
- (2)
Dealer license fee (wholesale) to sell dogs or cats for resale — one hundred and twenty-five dollars ($125);
- (3)
Dealer license fee (retail) to buy dogs or cats for resale to be assessed as follows:
- (A)
Transactions of up to 50 animals per year — one hundred and twenty-five dollars ($125);
- (B)
Transactions of 51 to 150 animals per year — two hundred and fifty dollars ($250);
- (C)
Transactions of 151 to 300 animals per year — five hundred dollars ($500);
- (D)
Transactions of 301 to 500 animals per year — seven hundred and fifty dollars ($750); and
- (E)
Transactions of more than 500 animals per year — one thousand dollars ($1,000); and
- (4)
Dealer license fee to transport dogs or cats in commerce — one hundred and twenty-five dollars ($125).
§ 44-17-107. Revocation or suspension of dealer's license — Grounds — Hearing — Appeal.
- (a)
The license of any dealer may be suspended or revoked by the commissioner for any of the following reasons:
- (1)
The incompetence or untrustworthiness of the licensee;
- (2)
Willful falsification of any information contained in the application;
- (3)
The conviction of the licensee or any responsible officer of the licensee of cruelty to animals or a violation of this part; or
- (4)
The nonconformance by the licensee to this part or the rules and regulations of the commissioner.
- (b)
If the commissioner has reason to believe that the license of any dealer should be suspended or revoked for any of the above reasons, the commissioner shall give the dealer ten (10) days' written notice of the commissioner's intention to suspend or revoke the license of the dealer and shall give the dealer an opportunity for a hearing on the issue. The dealer may produce evidence to show cause why the license should not be revoked or suspended. If the commissioner determines that conditions exist that warrant the suspension or revocation of the license, the commissioner may suspend the license for such period of time as the commissioner may specify or may revoke it, and where appropriate, may make an order that the dealer cease and desist from continuing any violation found to have been made of this part. If the license is suspended, the dealer may apply, after ninety (90) days, for reinstatement of the license.
- (c)
Any dealer aggrieved by a final order of the commissioner issued under this section may, within sixty (60) days after entry of such an order, have the order reviewed upon petition of certiorari in the chancery or circuit court of the county in which the dealer's residence or place of business is located.
§ 44-17-108. Semi-annual reports to commissioner.
-
Each dealer shall file, on forms and at such times as prescribed by the commissioner, semi-annual reports containing the following information:
- (1)
The number of dogs or cats in the possession of the dealer on the date the report is filed;
- (2)
The number of dogs and cats purchased during the reporting period and the names and addresses of the persons from whom they were purchased;
- (3)
The number of dogs and cats sold during the reporting period and the names and addresses of the persons to whom they were sold; and
- (4)
The number of dogs and cats received by the dealer during the reporting period under circumstances other than purchase and the names and addresses of the persons from whom they were obtained.
§ 44-17-112. Sales of dogs and cats to research facilities — Restrictions.
-
Dogs and cats shall not be offered for sale or sold to a research facility at public auction or by weight. No research facility shall purchase dogs or cats at public auction or by weight, nor shall any research facility purchase dogs or cats except from a licensed dealer, public pound, humane society, or from a person who breeds dogs or cats for sale to a research facility.
§ 44-17-113. Bills of sale evidencing purchase of dogs or cats by dealers or research facilities.
- (a)
The purchase of any dog or cat by a dealer or by a research facility shall be evidenced by a bill of sale signed by the seller. The bill of sale shall be in form approved by the commissioner and shall certify that the seller is the lawful owner of the dog or cat and that ownership is transferred to the dealer or research facility. The bill of sale shall make reference to the mark or identification required by § 44-17-110.
- (b)
The bill of sale shall bear the name, telephone number, and address of the seller, and the driver license or social security number of the seller. At the time of sale, the dealer or research facility making the purchase shall verify from the seller the seller's driver license or social security number, whichever is appropriate. The bill of sale shall also contain a description of the dog or cat sold under that bill adequate to identify the animal. A bill of sale containing the same information shall be furnished by a dealer to any person purchasing a dog or cat at a flea market. Nothing in this subsection (b) shall be construed as enlarging the enforcement responsibilities of the commissioner beyond that existing prior to March 17, 1978.
§ 44-17-115. Authority of commissioner to inspect premises of dealers or research facilities — Inspection of conveyances — Rules and regulations regarding inspection.
- (a)
The premises of any dealer or research facility shall be made available to the commissioner or the commissioner's representative for inspection at all reasonable times. The commissioner or the commissioner's representative shall make or cause to be made such inspections or investigations of the premises as considered necessary.
- (b)
The commissioner or the commissioner's representative, or any legally constituted law enforcement agency, may stop any motor vehicle or other conveyance transporting dogs or cats for inspections as to the humane treatment of animals and compliance with licensing requirements of this part or for investigations in search of lost or stolen animals.
- (c)
The commissioner shall issue rules and regulations requiring licensed dealers and research facilities to permit inspection of their animals and records at reasonable hours upon request by legally constituted law enforcement agencies in search of lost animals.
- (d)
Nothing in this part shall be construed as authorizing the commissioner to promulgate rules, regulations, or orders governing the handling, care, treatment or inspection of animals during actual research or experimentation by a research facility.
§ 44-17-117. Construction and enforcement of provisions.
-
When construing or enforcing §§ 44-17-101 — 44-17-107, the act, omission, or failure of any individual acting for or employed by a dealer or research facility, within the scope of the individual's employment or office, shall be considered to be the act, omission, or failure of the dealer or research facility as well as of the individual.
§ 44-17-120. Destruction of dog causing death or serious injury to human — Notice to dog's owner.
- (a)
Any dog that attacks a human and causes death or serious bodily injury may be destroyed upon the order of the judge of the general sessions court of the county wherein the attack occurred. Such orders shall be granted on the petition of the district attorney general for the county. The petition shall name the owner of the dog, and the owner shall be given notice in accordance with Rule 4.01 of the Tennessee Rules of Civil Procedure, that if the owner does not appear before the court within five (5) days of the receipt thereof and show cause why the dog should not be destroyed, then the order shall issue and the dog shall be destroyed.
- (b)
Notwithstanding subsection (a), in counties having a population in excess of eight hundred thousand (800,000), or having a metropolitan form of government and a population in excess of one hundred thousand (100,000), according to the 2000 federal census or any subsequent federal census, a municipality or county is authorized to adopt local ordinances authorizing the municipality or the county to appropriately petition in a general sessions court to provide for the disposition of dangerous dogs or dogs causing death or serious bodily injury to humans or other animals.
§ 44-17-121. Confiscation of animals.
-
Subject to this part, the commissioner has the authority to confiscate animals as may be necessary to provide for the humane treatment of such animals.
§ 44-17-122. Cooperation with local and federal authorities.
-
The commissioner may enter into cooperative agreements with local and/or federal agencies for purposes of implementing this part. When implementing the provisions for issuance of dealer licenses, the commissioner shall take into consideration other federal and/or local licensing regulations that may apply, it being the intent of the legislature not to impose duplicative licensing requirements and costs for dealers.
Part 3 Non-livestock Animal Humane Death Act
§ 44-17-301. Title.
-
This part shall be known and may be cited as the “Non-livestock Animal Humane Death Act.”
§ 44-17-302. Application.
- (a)
This part shall be applicable only to public and private agencies, animal shelters and other facilities operated for the collection, care or euthanasia of stray, neglected, abandoned or unwanted non-livestock animals.
- (b)
This part shall apply to any licensed veterinarian, Tennessee veterinarian medical technician, employee, volunteer, whether compensated or otherwise, or any other person acting as an agent on behalf of a public or private agency, animal shelter or other facility operated for the collection, care or euthanasia of stray, neglected, abandoned or unwanted non-livestock animals.
§ 44-17-303. Methods allowed.
- (a)
Sodium pentobarbital and such other agents as may be specifically approved by the rules of the board of veterinary medicine shall be the only methods used for euthanasia of non-livestock animals by public and private agencies, animal shelters and other facilities operated for the collection, care or euthanasia of stray, neglected, abandoned or unwanted non-livestock animals. A lethal solution shall be used in the following order of preference:
- (1)
Intravenous injection by hypodermic needle;
- (2)
Intraperitoneal injection by hypodermic needle;
- (3)
Intracardial injection by hypodermic needle, but only if performed on heavily sedated, anesthetized or comatose animals; or
- (4)
Solution or powder added to food.
- (b)
A non-livestock animal may be tranquilized with an approved and humane substance before any form of euthanasia involving a lethal injection is performed, but the animal must be tranquilized if the euthanasia is performed by the method described in subdivision (a)(3).
- (c)
Succinylcholine chloride, curare, curariform mixtures, strychnine, nicotine, chloral hydrate, magnesium or potassium or any substance that acts as a neuromuscular blocking agent, or any chamber that causes a change in body oxygen may not be used on any non-livestock animal for the purpose of euthanasia. Any such chamber in use as of July 1, 2001, shall be phased out and shall not be used on or after July 1, 2002.
- (d)
Euthanasia shall be performed only by a licensed veterinarian, Tennessee veterinarian medical technician or an employee or agent of a public or private agency, animal shelter or other facility operated for the collection, care or euthanasia of stray, neglected, abandoned or unwanted non-livestock animals, provided that the Tennessee veterinarian medical technician, employee or agent has successfully completed a euthanasia-technician certification course. The curriculum for such course must be approved by the board of veterinary medical examiners and must include, at a minimum, knowledge of animal anatomy, behavior and physiology; animal restraint and handling as it pertains to euthanasia; the pharmacology, proper dosages, administration techniques of euthanasia solution, verification of death techniques, laws regulating the storage, security and accountability of euthanasia solutions; euthanasia technician stress management and the proper disposal of euthanized non-livestock animals.
- (e)
An employee, agent or Tennessee veterinarian medical technician performing euthanasia prior to July 1, 2001, who previously passed an approved euthanasia-technician certification course will be accepted as qualified under this part to perform euthanasia on non-livestock animals. Any other employee, agent or Tennessee veterinarian medical technician seeking to perform euthanasia on non-livestock animals on or after July 1, 2001, must obtain certification prior to performing any such euthanasia.
- (f)
A non-livestock animal may not be left unattended between the time euthanasia procedures are first begun and the time that death occurs, nor may its body be disposed of until a qualified person confirms death.
- (g)
Notwithstanding this section or any other law to the contrary, whenever an emergency situation exists in the field that requires the immediate euthanasia of an injured, dangerous or severely diseased non-livestock animal, a law enforcement officer, a veterinarian, or agent of a local animal control unit or the designee of such an agent may humanely destroy the non-livestock animal.
- (h)
For purposes of this part, “non-livestock animal” shall have the meaning set forth in § 39-14-201.
- (i)
The attorney general and reporter may bring an action to enjoin any violation of this part.
- (j)
Any person who violates this part is guilty of a Class A misdemeanor.
- (k)
These provisions shall not apply to exotic animals being held under the authority of title 70, chapter 4, part 4, and Rule 1660-1-18-.05 of the Official Compilation of Rules and Regulations of the State of Tennessee.
§ 44-17-304. Minimum holding time before an animal may be euthanized — Emergency exception.
- (a)
Before any public or private agency, animal shelter or other facility operated for the collection, care or euthanasia of stray, neglected, abandoned or unwanted non-livestock animals euthanizes a non-livestock animal that the facility knows or should know, by identification or vaccination tags, personal knowledge or otherwise, has an owner, the facility shall be required to hold the animal for at least three (3) full business days from the time it is brought to the facility before the animal may be euthanized.
- (b)
Subsection (a) shall not apply where an emergency situation exists that requires the immediate euthanasia of an injured, dangerous or severely diseased non-livestock animal.
- (c)
A public or private agency, animal shelter, or other facility that knows or should know that a non-livestock animal has an owner under subsection (a) must make a reasonable effort to locate and notify the animal's owners within forty-eight (48) hours of the time that the public or private agency, animal shelter, or other facility takes custody of the animal or, if the animal is taken into custody on a Friday, within two (2) business days of the date that the public or private agency, animal shelter, or other facility takes custody of the animal.
Part 4 Miscellaneous Provisions
§ 44-17-401. Electronic locating collars.
-
No agency or entity of state or local government shall enact, adopt, promulgate, or enforce any law, ordinance, rule, regulation, or other policy that restricts or prevents the owner of any dog from using an electronic locating collar to protect the dog from loss; except that the fish and wildlife commission may limit the use of electronic locating collars through the promulgation of rules and regulations when required for the proper management of wildlife species.
§ 44-17-402. Retrieval of hunting dogs from federal property operated by wildlife resources agency.
-
If the owner or a person in control of a dog is hunting with either a firearm or a bow and arrow, and that person's dog strays onto property owned by the federal government and operated by the Tennessee wildlife resources agency, the owner or person may proceed onto the property without the person's firearm or bow and arrow. The person shall not be liable for any criminal sanction related to the pursuit of the dog. However, nothing in this section shall be construed to grant civil immunity to the owner or the person in control of the dog for any personal injury or property damage caused by the dog.
§ 44-17-403. Death of pet caused by negligent act of another — Damages.
- (a)
- (1)
If a person's pet is killed or sustains injuries that result in death caused by the unlawful and intentional, or negligent, act of another or the animal of another, the trier of fact may find the individual causing the death or the owner of the animal causing the death liable for up to five thousand dollars ($5,000) in noneconomic damages; provided, that if the death is caused by the negligent act of another, the death or fatal injury must occur on the property of the deceased pet's owner or caretaker, or while under the control and supervision of the deceased pet's owner or caretaker.
- (2)
If an unlawful act resulted in the death or permanent disability of a person's guide dog, then the value of the guide dog shall include, but shall not necessarily be limited to, both the cost of the guide dog as well as the cost of any specialized training the guide dog received.
- (b)
As used in this section, “pet” means any domesticated dog or cat normally maintained in or near the household of its owner.
- (c)
Limits for noneconomic damages set out in subsection (a) shall not apply to causes of action for intentional infliction of emotional distress or any other civil action other than the direct and sole loss of a pet.
- (d)
Noneconomic damages awarded pursuant to this section shall be limited to compensation for the loss of the reasonably expected society, companionship, love and affection of the pet.
- (e)
This section shall not apply to any not-for-profit entity or governmental agency, or its employees, negligently causing the death of a pet while acting on the behalf of public health or animal welfare; to any killing of a dog that has been or was killing or worrying livestock as in § 44-17-203; nor shall this section be construed to authorize any award of noneconomic damages in an action for professional negligence against a licensed veterinarian.
§ 44-17-404. Recovery for death or injury to guide dogs.
-
If a person's guide dog is killed or sustains injuries that result in death or permanent disability caused by the unlawful and intentional, or negligent, act of another or the animal of another, then the trier of fact may find the individual causing the death or the owner of the animal causing the death liable for economic damages, which shall include, but shall not necessarily be limited to, both the cost of the guide dog as well as the cost of any specialized training the guide dog received.
Part 5 Spay/Neuter Law
§ 44-17-502. Requirement for adoption.
- (a)
No person shall adopt a dog or cat from an agency, including, but not limited to, an animal shelter, dog pound, animal control agency or humane shelter operated by a municipality, county, or other governmental agency within the state, or a private organization operating a shelter from which animals are adopted or reclaimed, unless:
- (1)
The dog or cat has already been spayed or neutered;
- (2)
The dog or cat has been spayed or neutered by a licensed veterinarian while in the custody of the agency; or
- (3)
The new owner signs a written agreement with the agency stating that the new owner will have the dog or cat spayed or neutered by a licensed veterinarian:
- (A)
Within thirty (30) days of the date of the adoption, if such dog or cat is sexually mature; or
- (B)
Within thirty (30) days after the dog or cat reaches six (6) months of age, if the dog or cat is not sexually mature at the time of the adoption.
- (b)
Nothing in this section shall preclude the spaying or neutering of a sexually immature dog or cat at the discretion of a licensed veterinarian with the consent of the new owner.
§ 44-17-503. Deposit — Forfeiture of deposit — Use of forfeited deposits.
- (a)
If the dog or cat being adopted has not been spayed or neutered, the agency shall require a deposit of not less than twenty-five dollars ($25.00) from the new owner prior to the adoption in order to ensure that the dog or cat is spayed or neutered. The new owner may request and shall receive a refund of the deposit from the agency upon providing confirmation of the spaying or neutering.
- (b)
- (1)
If the new owner fails to have the dog or cat spayed or neutered within the time frame established by § 44-17-502, or if the spaying or neutering is timely performed, but the new owner fails to request the return of the deposit within an additional ten (10) days after the date by which the spaying or neutering is required to be performed, the deposit shall be forfeited to the agency holding the deposit and shall be used by the agency to conduct programs to spay or neuter dogs and cats in the community where the agency is located.
- (2)
The forfeited deposit may also be used to defray operational expenses of the programs, including, but not limited to, costs for purchasing food, medications, tests, upgrades for the animal housing areas, or any other supplies or products which would improve the quality of life for dogs or cats in such programs.
- (3)
No forfeited deposit may be used to pay salaries of persons employed by any agency located within the county.
- (4)
Before the forfeited deposits may be used by an agency for the purposes set out in this subsection (b), the agency shall maintain a minimum balance in the forfeited deposit fund of no less than the total amount of unclaimed deposits collected during the previous six-month period.
§ 44-17-504. Petition for compliance.
-
If a person fails to comply with this part, the agency may file a petition with a court of competent jurisdiction seeking compliance and/or requesting return of the dog or cat to the agency from which it was adopted.
§ 44-17-505. Dogs or cats claimed by owner.
-
Nothing in this part shall be construed to authorize an agency to spay or neuter a dog or cat, if the dog or cat is being claimed by and returned to its lawful owner within seven (7) days of the dog or cat being taken into custody by the agency.
Part 6 Chemical Capture
§ 44-17-601. “Chemical capture” defined — Authorized drugs — Administration of drugs.
- (a)
As used in this part, unless the context otherwise requires, “chemical capture” means the capture of a dog or cat by means of sedation using approved drugs as provided in this part and appropriate drug administering equipment.
- (b)
Chemical capture by certified animal chemical capture technicians shall only be effected by use of Telazol or such other drugs as may be determined by the board of veterinary medical examiners.
- (c)
Drugs used for chemical capture shall only be administered by a licensed veterinarian, a licensed veterinary technician employed by and functioning under the direct supervision of a licensed veterinarian, or such other individuals qualified as certified animal chemical capture technicians as determined by the board of veterinary medical examiners pursuant to § 63-12-144.
- (d)
With respect to certified animal chemical capture technicians, chemical capture shall be effected only in accordance with a written protocol and only when all other methods of capture have failed.
Chapter 18 Feedlots, Dairy Farms and Poultry Production Houses
§ 44-18-101. Chapter definitions.
-
As used in this chapter, unless the context otherwise requires:
- (1)
“Dairy farm” means any place or premises where one (1) or more cows are kept and from which a part or all of the milk or milk products is provided, sold or offered for sale to a milk plant, transfer station or receiving station;
- (2)
“Department” means the department of environment and conservation, and includes any officer, agency or designee of that department;
- (3)
“Established date of operation” means the date on which a feedlot, dairy farm or poultry production house commenced operating. If the physical facilities of the feedlot, dairy farm or poultry production house are subsequently expanded, the established date of operation for each expansion is deemed to be a separate and independent “established date of operation” established as of this date of commencement of the expanded operations, and the commencement of expanded operations shall not divest the feedlot, dairy farm or poultry production house of a previously established date of operation;
- (4)
“Established date of ownership” means the date of the recording of an appropriate muniment of title establishing the ownership of realty;
- (5)
“Feedlot” means a lot, yard, corral or other area in which livestock are confined, primarily for the purposes of feeding, growing, raising, or birthing prior to slaughter. “Feedlot” does not include areas that are used for the raising of crops or other vegetation upon which livestock are allowed to graze or feed;
- (6)
“Livestock” means all equine as well as animals that are being raised primarily for use as food or fiber for human utilization or consumption including, but not limited to, cattle, sheep, swine, goats, and poultry;
- (7)
“Materially affects” means prohibits or regulates with respect to the location, or the emission of noise, effluent, odors, sewage, waste or similar products resulting from the operation or the location or use of buildings, machinery, vehicles, equipment or other real or personal property used in the operation of a livestock feedlot, dairy farm or poultry production house;
- (8)
“Nuisance” means and includes public or private nuisance as defined either by statute or by the common law;
- (9)
“Nuisance action or proceeding” means and includes every action, claim or proceeding, whether brought at law, in equity or as an administrative proceeding, that is based on nuisance;
- (10)
“Owner or operator” means any person who owns, leases, operates, controls or supervises a feedlot;
- (11)
“Poultry production house” means any place or premises where chickens are kept for the production of eggs or broilers for resale to processors, wholesalers or retailers;
- (12)
“Regulations” means a resolution by the county legislative body or an ordinance by the governing body of any municipality regulating or prohibiting the normal noises of animals or fowls, the noises in the operation of the equipment, the odors normally associated with any feedlot, dairy farm, or poultry production house, or the preclusion of any animals or fowls from within the city or from within a defined area of the county;
- (13)
“Rule of the department” means a rule as defined in the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, that materially affects the operation of a feedlot, dairy farm, or poultry production house and that has been adopted by the department. Nothing in this chapter shall be deemed to empower the department to make any rule; and
- (14)
“Zoning requirement” means a regulation or ordinance that has been adopted by a city, county, township, school district, or any special-purpose district or authority, that materially affects the operation of a feedlot, dairy farm or poultry production house. Nothing in this chapter shall be deemed to empower any agency described in this definition to make any regulation or ordinance.
§ 44-18-102. Nuisance action or proceeding against feedlot, dairy farm or poultry production house.
- (a)
In any nuisance action or proceeding against a feedlot, dairy farm, or poultry production house brought by or on behalf of a person whose date of ownership of realty is subsequent to the established date of operation of the feedlot, dairy farm or poultry production house, proof of compliance with §§ 44-18-103 and 44-18-104 shall be an absolute defense; provided, that the conditions or circumstances alleged to constitute a nuisance are subject to regulatory jurisdiction in accordance with § 44-18-103 or § 44-18-104.
- (b)
In any nuisance action or proceeding against a feedlot, dairy farm or poultry production house brought by or on behalf of a person whose date of ownership of realty precedes the established date of operation of the feedlot, dairy farm or poultry production house, but whose actual or proposed use of the realty for residential or commercial purposes is subsequent to the established date of operation of the feedlot, dairy farm or poultry production house, proof of compliance with §§ 44-18-103 and 44-18-104 shall be an absolute defense; provided, that the conditions or circumstances alleged to constitute a nuisance are subject to regulatory jurisdiction in accordance with § 44-18-103 or § 44-18-104.
- (c)
The normal noises and appearance of the animals or fowls, the noises in the operation of the equipment or the appearance of the equipment, the odors normally associated with any feedlot, dairy farm or poultry production house, the appearance of a feedlot, dairy farm or poultry production house, or litter and/or manure additive that is designed to bind soluble phosphorous in conformity with the Tennessee Natural Resources Conservation Service (NRCS) interim conservation practice standard if used by any feedlot, dairy farm or poultry production house, shall not constitute grounds for any nuisance action or proceeding against a feedlot, dairy farm or poultry production house brought by or on behalf of a person whose date of ownership of realty is subsequent to the established date of operation of the feedlot, dairy farm or poultry production house.
§ 44-18-103. Applicability of rules of department.
- (a)
This section shall apply to the department's rules except for rules required for delegation of the national pollutant discharge elimination system permit program pursuant to the Federal Water Pollution Control Act, Section 402, Public Law 92-500, 33 U.S.C. 1342, as amended.
- (b)
The applicability of rules of the department, other than those issued under the Tennessee Air Quality Act, compiled in title 68, chapter 201, part 1, shall be as follows:
- (1)
A rule of the department in effect before April 12, 1979, shall apply to a feedlot, dairy farm or poultry production house with an established date of operation prior to April 12, 1979;
- (2)
A rule of the department shall apply to a feedlot, dairy farm or poultry production house with an established date of operation subsequent to the effective date of the rule;
- (3)
A rule of the department adopted after April 12, 1979, shall not apply to a feedlot, dairy farm or poultry production house holding any department permit and having an established date of operation prior to the effective date of the rule; and
- (4)
A rule of the department adopted after April 12, 1979, shall not apply to a feedlot, dairy farm or poultry production house not previously required to hold a department permit and having an established date of operation prior to the effective date of the rule.
- (c)
The applicability of rules promulgated under the “Tennessee Air Quality Act,” compiled in title 68, chapter 201, part 1, shall be as follows:
- (1)
A rule of the department or the air pollution control board in effect on April 12, 1979, shall apply to a feedlot, dairy farm or poultry production house with an established date of operation prior to April 12, 1979;
- (2)
A rule of the department or the air pollution control board shall apply to a feedlot, dairy farm or poultry production house with an established date of operation subsequent to the effective date of the rule; and
- (3)
A rule of the department or the air pollution control board pertaining to a feedlot, dairy farm or poultry production house adopted after April 12, 1979, shall not apply to any feedlot, dairy farm or poultry production house having an established date of operation prior to the effective date of the rule.
§ 44-18-104. Applicability of zoning requirements and regulations.
- (a)
The applicability of zoning requirements is as follows:
- (1)
A zoning requirement shall apply to a feedlot, dairy farm or poultry production house with an established date of operation subsequent to the effective date of the zoning requirements;
- (2)
A zoning requirement shall not apply to a feedlot, dairy farm or poultry production house with an established date of operation prior to the effective date of the zoning requirement;
- (3)
A zoning requirement that is in effect on April 12, 1979, shall apply to a feedlot, dairy farm or poultry production house with an established date of operation prior to April 12, 1979; and
- (4)
A zoning requirement adopted by a city shall not apply to a feedlot, dairy farm or poultry production house that becomes located within an incorporated or unincorporated area subject to regulation by that city by virtue of an incorporation or annexation that takes effect after April 12, 1979.
- (b)
A person shall comply with this section as a matter of law where no zoning requirement exists.
- (c)
The applicability of regulations shall be as follows:
- (1)
A regulation shall apply to a feedlot, dairy farm or poultry production house with an established date of operation subsequent to the effective date of such regulation;
- (2)
A regulation shall not apply to a feedlot, dairy farm or poultry production house with an established date of operation prior to the effective date of the regulation;
- (3)
A regulation that is in effect on April 12, 1979, shall apply to a feedlot, dairy farm or poultry production house with an established date of operation prior to April 12, 1979; and
- (4)
A regulation adopted by a city shall not apply to a feedlot, dairy farm or poultry production house that becomes located within an incorporated or unincorporated area subject to regulation by such city by virtue of an incorporation or annexation that takes effect after April 12, 1979.
- (d)
A person shall comply with this section as a matter of law where no regulation exists.
Chapter 20 Equine Activities — Liability
§ 44-20-101. Legislative findings and intent.
-
The general assembly recognizes that persons who participate in equine activities may incur injuries as a result of the risks involved in such activities. The general assembly also finds that the state and its citizens derive numerous economic and personal benefits from these activities. It is, therefore, the intent of the general assembly to encourage equine activities by limiting the civil liability of those involved in such activities.
§ 44-20-102. Chapter definitions.
-
As used in this chapter, unless the context otherwise requires:
- (1)
- (A)
“Engages in an equine activity” means riding, training, assisting in medical treatment of, driving, or being a passenger upon an equine, whether mounted or unmounted or any person assisting a participant or show management.
- (B)
“Engages in an equine activity” does not include being a spectator at an equine activity, except in cases where the spectator places the spectator's person in an unauthorized area and in immediate proximity to the equine activity;
- (2)
“Equine” means a horse, pony, mule, donkey, or hinny;
- (3)
“Equine activity” means:
- (A)
Equine shows, fairs, competitions, performances, or parades that involve any or all breeds of equines and any of the equine disciplines, including, but not limited to, dressage, hunter and jumper horse shows, grand prix jumping, three-day events, combined training, rodeos, driving, pulling, cutting, polo, steeplechasing, English and western performance riding, endurance trail riding and western games, and hunting;
- (B)
Equine training or teaching activities, or both;
- (C)
Boarding equines;
- (D)
Riding, inspecting, or evaluating an equine belonging to another, whether or not the owner has received some monetary consideration or other thing of value for the use of the equine or is permitting a prospective purchaser of the equine to ride, inspect, or evaluate the equine;
- (E)
Rides, trips, hunts, or other equine activities of any type, however informal or impromptu, that are sponsored by an equine activity sponsor; and
- (F)
Placing or replacing horseshoes on an equine;
- (4)
“Equine activity sponsor” means an individual, group, club, partnership, or corporation, whether or not the sponsor is operating for profit or nonprofit, that sponsors, organizes, or provides the facilities for an equine activity, including, but not limited to, pony clubs, 4-H clubs, hunt clubs, riding clubs, school and college-sponsored classes, programs and activities, therapeutic riding programs, and operators, instructors, and promoters of equine facilities, including, but not limited to, stables, clubhouses, ponyride strings, fairs, and arenas at which the activity is held;
- (5)
“Equine professional” means a person engaged for compensation:
- (A)
In instructing a participant or renting to a participant an equine for the purpose of riding, driving, or being a passenger upon the equine; or
- (B)
In renting equipment or tack to a participant;
- (6)
“Inherent risks of equine activities” means those dangers or conditions that are an integral part of equine activities, including, but not limited to:
- (A)
The propensity of an equine to behave in ways that may result in injury, harm, or death to persons on or around them;
- (B)
The unpredictability of an equine's reaction to such things as sounds, sudden movements, and unfamiliar objects, persons, or other animals;
- (C)
Certain hazards such as surface and subsurface conditions;
- (D)
Collisions with other equines or objects; and
- (E)
The potential of a participant to act in a negligent manner that may contribute to injury to the participant or others, such as failing to maintain control over the animal or not acting within the participant's ability; and
- (7)
“Participant” means any person, whether amateur or professional, who engages in an equine activity, whether or not a fee is paid to participate in the equine activity.
§ 44-20-103. Limitation on liability for injury or death of participant.
-
Except as provided in § 44-20-104, an equine activity sponsor, an equine professional, or any other person, which shall include a corporation or partnership, shall not be liable for an injury to or the death of a participant resulting from the inherent risks of equine activities. Except as provided in § 44-20-104, no participant or participant's representative shall make any claim against, maintain an action against, or recover from an equine activity sponsor, an equine professional, or any other person for injury, loss, damage, or death of the participant resulting from any of the inherent risks of equine activities.
§ 44-20-104. Applicability — Where liability not prevented or limited.
- (a)
This chapter shall not apply to the horse racing industry as regulated in title 4, chapter 36.
- (b)
Nothing in § 44-20-103 shall prevent or limit the liability of an equine activity sponsor, an equine professional, or any other person if the equine activity sponsor, equine professional, or person:
- (1)
- (A)
Provided the equipment or tack, and knew or should have known that the equipment or tack was faulty, and the equipment or tack was faulty to the extent that it did cause the injury; or
- (B)
Provided the equine and failed to make reasonable and prudent efforts to determine the ability of the participant to engage safely in the equine activity and determine the ability of the participant to safely manage the particular equine based on the participant's representations of the participant's ability;
- (2)
Owns, leases, rents, or otherwise is in lawful possession and control of the land or facilities upon which the participant sustained injuries because of a dangerous latent condition that was known to the equine activity sponsor, equine professional, or person and for which warning signs have not been conspicuously posted;
- (3)
Commits an act or omission that constitutes willful or wanton disregard for the safety of the participant, and that act or omission caused the injury; or
- (4)
Intentionally injures the participant.
- (c)
Nothing in § 44-20-103 shall prevent or limit the liability of an equine activity sponsor or an equine professional:
- (1)
Under product liability provisions in title 29, chapter 28; or
- (2)
Under trespass provisions in chapter 8 of this title.
- (d)
Title 70, chapter 7 does not apply to an equine activity sponsor or an equine professional. It is the legislative intent that equine activity sponsors and equine professionals be held to a higher standard of care.
§ 44-20-105. Warning signs and notice.
- (a)
Every equine professional shall post and maintain signs that contain the warning notice specified in subsection (b). The signs shall be placed in clearly visible locations on or near stables, corrals, or arenas where the equine professional conducts equine activities if the stables, corrals, or arenas are owned, managed, or controlled by the equine professional. The warning notice specified in subsection (b) shall appear on the sign in black letters, with each letter to be a minimum of one inch (1″) in height. Every written contract entered into by an equine professional for the providing of professional services, instruction, or the rental of equipment or tack or an equine to a participant, whether or not the contract involves equine activities on or off the location or site of the equine professional's business, shall contain in clearly readable print the warning notice specified in subsection (b).
- (b)
The signs and contracts described in subsection (a) shall contain the following warning notice:
-
WARNING
-
Under Tennessee Law, an equine professional is not liable for an injury to or the death of a participant in equine activities resulting from the inherent risks of equine activities, pursuant to Tennessee Code Annotated, title 44, chapter 20.
Chapter 21 Liability of Bovine Owners
§ 44-21-101. Chapter definitions.
-
As used in this chapter, unless the context otherwise requires:
- (1)
“Bovine activity” means any activity involving one (1) or more bovine, including, but not limited to:
- (A)
Grazing, herding, feeding, branding, milking or any other activity that involves the care or maintenance of bovine;
- (B)
Bovine shows, fairs, competitions or auctions;
- (C)
Bovine training or teaching activities;
- (D)
Boarding bovine; or
- (E)
Riding, inspecting, or evaluating bovine;
- (2)
“Bovine owner” means any person with ownership rights to bovine;
- (3)
“Inherent risks of bovine activities” means dangers or conditions that are an integral part of bovine activities, including, but not limited to:
- (A)
The propensity of a bovine to behave in ways that may result in injury, loss, damage or death to persons on or around the bovine;
- (B)
The unpredictability of a bovine's reaction to sounds, sudden movements, and unfamiliar objects, persons, or other animals;
- (C)
Certain hazards on the property, such as surface and subsurface conditions; or
- (D)
Collisions with other bovine or objects; and
- (4)
“Person” means an individual, corporation or any other legal entity.
§ 44-21-102. No liability for inherent risks of bovine activities.
- (a)
A bovine owner shall not be liable for any injury, loss, damage, or death of a person resulting from the inherent risks of bovine activities.
- (b)
Except as provided in § 44-21-103, no person shall make any claim against, maintain an action against, or recover from a bovine owner for injury, loss, damage, or death of the person resulting from the inherent risks of bovine activities.
§ 44-21-103. Bovine owner activities that preclude limitations on liability.
- (a)
Nothing in § 44-21-102 shall prevent or limit the liability of a bovine owner if the owner:
- (1)
Fails to post and maintain warning signs pursuant to § 44-21-104(a);
- (2)
Fails to maintain proper fences and enclosures pursuant to chapter 8 of this title; or
- (3)
Commits an act or omission that constitutes willful or wanton disregard for the safety of the person, and that act or omission caused the injury, loss, damage, or death.
- (b)
Title 70, chapter 7 shall not apply to a bovine owner if the injury, loss, damage or death resulted from a bovine activity.
§ 44-21-104. Warning signs.
- (a)
A bovine owner shall post and maintain signs that contain the warning notice specified in subsection (b). The signs shall be placed in clearly visible locations on or near stables, corrals, fences, enclosures or arenas where the owner conducts bovine activities. The warning notice specified in subsection (b) shall appear on the sign in black letters, with each letter to be a minimum of one inch (1″) in height.
- (b)
The signs described in subsection (a) shall contain the following warning notice:
-
-
Under Tennessee Law, a bovine owner is not liable for any injury, loss, damage, or death of a person resulting from the inherent risks of bovine activities, pursuant to Tennessee Code Annotated, title 44, chapter 21.
2024 Tennessee Code Unannotated