US Lawyer Database

§ 53-8-223. Limited Authority of Local Government to Regulate Food or Drink

Notwithstanding any law to the contrary, and except for subdivision (c)(1), the local government’s authority under title 13, Chapters 7 16, and 28, and the local government’s authority to regulate roadways, traffic, and the provision of utility services, this state is the exclusive regulator of food and drink sellers, vendors, vending machine operators, food establishments, […]

§ 53-8-216. Examination of Food — Hold Orders

Food may be examined or sampled by the commissioner as deemed necessary for the enforcement of this part. The commissioner may place a hold order on any food that the commissioner believes is in violation of this part or rules and regulations, upon written notice to the operator specifying particular reasons for the hold order. […]

§ 53-8-217. Review and Approval of Plans and Specifications

Whenever a food establishment is constructed or extensively remodeled, and whenever an existing structure is converted to use as a food establishment, plans and specifications shall be submitted to the commissioner for review and approval before construction, remodeling, or conversion begins. The plans and specifications shall indicate the proposed layout, arrangement, mechanical plans, construction materials […]

§ 53-8-218. Employee Health

When the commissioner has reasonable cause to suspect possible disease transmission by an employee of the facility, the commissioner may secure information about any recent illness of the employee or make other investigations as may be indicated. The commissioner may require any of the following: The immediate exclusion of the employee from employment in the […]

§ 53-8-219. Violations

Any person operating a food establishment who fails or refuses to comply with any provision of this part or of rules and regulations, or obstructs or hinders the regulatory authority in the discharge of the regulatory authority’s duties, or otherwise operates a food establishment in violation of this part or of rules and regulations commits […]

§ 53-8-220. Injunctive Relief

When the commissioner has reason to believe that a person is causing, is about to cause, or has caused a violation of this part or of the rules and regulations promulgated under this part, the commissioner may initiate proceedings in either the chancery court of Davidson County or the chancery court of the county where […]

§ 53-8-221. Sale of Food by Children at Public Events

Notwithstanding this part to the contrary, children eighteen (18) years of age or younger do not need a license or permit to sell bakery goods, homemade or otherwise, soft drinks, or other similar food commodities at public events.

§ 53-8-222. Injunctions

When the commissioner has reason to believe that a person has caused, is causing, or is about to cause a violation of this part or the rules and regulations promulgated under this part, the commissioner may initiate proceedings in either the chancery court of Davidson County or the chancery court of the county where the […]

§ 53-8-207. Application for Permits — Inspection — Renewals — Exception

Any person planning to operate a food establishment shall first submit an application for a permit on forms provided by the commissioner. The application shall be completed and submitted to the commissioner with the proper permit fee. Prior to the approval of the application for a permit, the commissioner shall inspect the proposed facility to […]

§ 53-8-208. Suspension of Permits

The commissioner has the authority to suspend any permit to operate a food establishment issued pursuant to this part if the commissioner has reasonable cause to believe that the permittee is not in compliance with this part; provided, that the permittee shall be given the opportunity to correct violations as provided in § 53-8-215. Suspension […]