US Lawyer Database

§ 43-32-210. Compensation of Claimants

Within ninety (90) days of the commissioner’s approval of a valid claim, the department shall, in accordance with this section, compensate from the Tennessee grain indemnity fund any claimant who has incurred a financial loss due to a failure of a commodity dealer or warehouseman. Any claimant who has incurred a financial loss due to […]

§ 43-32-211. Commission — Duties

The commissioner, upon determining that a commodity dealer or warehouseman has defaulted payment or failed, has the duty under this part, in addition to any other duties granted to the commissioner by law, to: Request the transfer of moneys from the Tennessee grain indemnity fund when necessary for the purpose of compensating claimants in accordance […]

§ 43-32-212. Department of Agriculture — Duties

The department has the duty under this chapter to: Collect and deposit all fees and assessments authorized under this part into the Tennessee grain indemnity fund for investment by the fund; Transfer, at the discretion of the commissioner, any moneys from the department to the Tennessee grain indemnity fund for investment; Subrogate all the rights […]

§ 43-32-213. Rules

In accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, the commissioner shall promulgate such rules as may be necessary to effectively and efficiently administer and enforce this chapter.

§ 43-32-201. Short Title

This part shall be known and may be cited as the “Tennessee Commodity Producer Indemnity Law.”

§ 43-32-202. Purpose — Tennessee Grain Indemnity Fund

It is the purpose of this part to promote the state’s welfare by improving the economic stability of agriculture. It is declared to be in the public interest and highly advantageous to the agricultural economy of the state that producers of grain be permitted, by referendum, to levy upon themselves an assessment of one cent […]

§ 43-32-203. Referendum of Producers — Procedure

Any qualified producer organization may make application to the commissioner requesting a referendum of producers on forms prescribed by the commissioner for the purpose of determining whether an assessment of the amount specified in § 43-32-202 can be levied, collected and disbursed under this part. Within thirty (30) days of receipt of an application requesting […]

§ 43-32-205. Applicability — Department Powers

Every commodity dealer or warehouseman required to be licensed by the department, except for commodity dealers who are incidental grain dealers, unsecured, shall be subject to this part. The department shall be empowered to enter into a cooperative agreement with any commodity warehouse licensed under the United States Warehouse Act or with any federal agency […]

§ 43-32-206. Assessments — Notice — Refunds — Applicability

Upon an affirmative vote in the referendum, the commissioner shall notify forthwith by certified mail all persons in this state engaged in the business of purchasing commodities from producers, except for purchasers who are incidental grain dealers, unsecured, that on and after the date specified in the letter, the assessment specified in § 43-32-202 shall […]

§ 43-32-207. Assessment — Suspension — Reinstatement

The assessment shall continue on grain until the Tennessee grain indemnity fund is more than three million dollars ($3,000,000). If and when the fund is more than three million dollars ($3,000,000), the commissioner shall temporarily suspend the assessment. At such time the amount in the fund drops below three million dollars ($3,000,000), the commissioner may […]