§ 43-11-103. Part Definitions
As used in this part, unless the context otherwise requires: “Brand” means a term, design, or trademark used in connection with one (1) or several grades of commercial fertilizer; “Bulk fertilizers” means commercial fertilizer distributed in a nonpackaged form; “Commercial fertilizer” means any substance containing one (1) or more recognized plant nutrients that is used […]
§ 43-11-104. Annual Licence Fee
Every person who distributes commercial fertilizer in this state shall pay an annual license fee set by rule pursuant to § 43-1-703.
§ 43-11-105. Labeling
Any commercial fertilizer distributed in this state in containers shall have placed on or affixed to the container a label setting forth in clearly legible and conspicuous form the information required by § 43-11-104(a)(1)-(4). If distributed in bulk, a written or printed statement of the information required by § 43-11-104(a)(1)-(4) shall accompany delivery and be […]
§ 43-11-108. Inspection, Sampling, Analysis
It is the duty of the commissioner or the commissioner’s agent to sample, inspect, make analysis of, and test commercial fertilizer distributed within this state, and the commissioner or agent is authorized to enter upon any public or private premises or carriers at a time and place and to such extent as the commissioner or […]
§ 43-11-109. Fertilizer Deficiency — Penalties
If the analysis shall show that any commercial fertilizer falls short of the guaranteed analysis, penalties shall be assessed by the commissioner as follows: When a deficiency in the analysis of any one (1) primary ingredient (nitrogen, phosphorus or potash) is greater than two (2) times the investigational allowance for that ingredient, penalties will be […]
§ 43-10-112. Disclaimers, Nonwarranties, and Limited Warranties
A disclaimer, nonwarranty, or limited warranty used in any invoice, advertising, labeling, or written, printed or graphic matter pertaining to any seed shall not directly or indirectly deny or modify any information required by this part or the rules and regulations promulgated under this part.
§ 43-10-113. Tolerances to Be Established and Used in Enforcement
Due to variations that may occur between the analysis or tests and likewise between label statements and the results of subsequent analyses and tests, tolerances that are to be established by appropriate rules and regulations promulgated under the authority of this part shall be employed in the enforcement of this part.
§ 43-10-114. Duties and Authority of Commissioner
Except as otherwise specifically provided by the Tennessee Drug Control Act of 1989, compiled in title 39, chapter 17, part 4, and title 53, chapter 11, parts 3 and 4, or any other state statute that authorizes or requires a person other than the commissioner to exercise jurisdiction and authority over matters related to the […]
§ 43-10-115. Seizure
Any lot of agricultural or vegetable seeds, mixtures of such seeds, or screenings being sold, exposed for sale, offered for sale or held with intent to sell in this state contrary to this part shall be subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the locality in which […]
§ 43-10-116. Violations, Hearings, Prosecutions, or Warnings
Any person who knowingly, or as a result either of gross negligence or of a failure to make a reasonable effort to be informed of the pertinent facts, violates any provision of this part, or the rules and regulations made and promulgated thereunder, commits a Class C misdemeanor. However, no prosecution under this part shall […]