US Lawyer Database

§ 47-25-2004. Contract Provisions Forbidding, Limiting or Restricting Blending Void

Any contract or provision between a wholesaler and a refiner, supplier or permissive supplier executed or renewed on or after January 1, 2010, that forbids, limits or restricts a wholesaler’s ability to blend petroleum products with ethanol or biodiesel shall be void as against public policy. Nothing in this section shall prohibit a franchisor or […]

§ 47-25-2005. Complaints — Fines for Noncompliance — Enforcement

Upon a complaint by a wholesaler and upon investigation by the commissioner of agriculture and after the commissioner determines that a refinery, supplier or permissive supplier in this state is in willful noncompliance with this part, the commissioner of agriculture may assess fines up to five thousand dollars ($5,000) per day for each day of […]

§ 47-25-2006. Standards — Liability

Wholesalers purchasing gasoline, gasoline blending stock or diesel are responsible for ensuring that their activities result in gasolines and diesels that meet the standards promulgated by the commissioner of agriculture. Refiners, suppliers and permissive suppliers shall not be liable for fines, penalties, injuries or damages arising out of the subsequent blending of gasoline, gasoline blending […]

§ 47-26-701. Part Definitions

As used in this part, unless the context requires otherwise: “Agricultural products” means any product of agriculture which is tested for moisture content when offered for sale, processing, or storage; “Commissioner” means the commissioner of agriculture; “Department” means the Tennessee department of agriculture; “Moisture-measuring devices” means any device or instrument used by any person in […]

§ 47-26-702. Inspection Required

The department shall inspect or cause to be inspected at least annually every moisture-measuring device used in commerce in this state, except those belonging to the United States or the state, or any subdivision of either, except as may be requested. The department may inspect or cause to be inspected at the convenience of the […]

§ 47-26-703. Enforcement — Rules and Regulations

The commissioner is hereby charged with the enforcement of this part and is empowered to promulgate rules, regulations, specifications, standards, and tests as may be necessary in order to secure the efficient administration of this part. The department may from time to time publish such data in connection with the administration of this part as […]

§ 47-26-704. Seal of Inspection

If an inspection or comparative test reveals that the moisture-measuring device being inspected or tested conforms to the standards and specifications established by the department, the department shall cause it to be marked with an appropriate seal. Any moisture-measuring device, which upon inspection is found not to conform with the specifications and standards established by […]

§ 47-25-1914. Applicability of Franchise Provisions

Franchise agreements are included in the definition of retail agreements in this part. Although all franchise agreements are considered retail agreements, not every retail agreement constitutes a franchise. Where a relationship qualifies as a franchise under part 15 of this chapter, part 15 shall apply to such franchises. Part 15 of this chapter shall not […]

§ 47-25-2001. Short Title

This part shall be known and may be cited as the “Tennessee Renewable Fuels Blending Act of 2009.”