§ 53-8-201. Short Title

This part shall be known as the “Tennessee Retail Food Safety Act.”

§ 53-8-202. Purpose

It is the purpose of this part to ensure that foods offered for public consumption in Tennessee are safe as prepared, processed, served, packaged, and delivered. Food service establishments that are located within retail food stores are subject to this part and exempt from regulation in accordance with title 68, chapter 14, part 7.

§ 53-8-203. Part Definitions

As used in this part: “Alteration” shall be defined by rule, but shall not mean function replacement that equals or makes better the existing operation of the facility; “Commissioner” means the commissioner of agriculture, the commissioner’s duly authorized representative, and in the event of the commissioner’s absence or vacancy in the office of commissioner, the […]

§ 53-8-204. Authority of Commissioner

The commissioner is authorized to: Carry out or cause to be carried out all provisions of this part; Collect all fees established pursuant to this part and apply the fees in accordance with the procedures of the department of finance and administration to the necessary and incidental costs of the administration of this part. Nothing […]

§ 53-8-205. Appropriation of Moneys

All moneys coming into the state treasury pursuant to this part from fees, fines, and penalties shall be appropriated to the department for the payment of necessary expenses incident to the administration of this part, as determined by the commissioner. Any unexpended balance of the fund in any fiscal year shall be retained by the […]

§ 53-8-206. Permits — Expiration — Transfer Not Allowed — Display

No person shall operate a food establishment who does not hold a valid permit issued to the person by the commissioner on or before July 1 of each year, or as the commissioner may otherwise provide by rule and regulation. Every person now engaged in the business of operating a food establishment, and every person […]

§ 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 […]

§ 53-8-209. Revocation of Permits

The commissioner may, after providing opportunity for a hearing, revoke a permit for serious or repeated violations of the requirements of this part or for interference with the commissioner in the performance of the commissioner’s duty. Prior to revocation, the commissioner shall notify the permittee, in writing, of the specific reason or reasons for which […]

§ 53-8-210. Service of Notice

A notice provided for in this part is properly served when it is delivered to the permittee or person in charge, or when it is sent by certified mail, return receipt requested, to the last known address of the permittee. A copy of the notice shall be filed in the records of the commissioner.

§ 53-8-211. Hearings — Appeals

The hearings provided for in this part shall be conducted by the commissioner in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5. Appeals from any final decision after a hearing shall be pursued in accordance with the Uniform Administrative Procedures Act. Subsections (a) and (b) shall not apply in a […]

§ 53-8-212. Application for Permit After Revocation

Whenever revocation of a permit becomes final, upon demonstration that the conditions which led to the revocation have been cured, the holder of the revoked permit may make written application for a new permit.

§ 53-8-213. Permit Fees

The permit fee to operate a food establishment shall be set by rule pursuant to § 43-1-703.

§ 53-8-214. Inspection Reports

Inspection results for food establishments shall be recorded on standard departmental forms that summarize the requirements of the law and rules and regulations. A copy of the completed inspection report shall be furnished to the person in charge of the facility at the conclusion of the inspection. The most current inspection report furnished to the […]

§ 53-8-215. Correction of Violations

The completed inspection report shall specify a reasonable period of time for correction of violations found. Corrections of violations shall be accomplished within the period specified in accordance with the following: If an imminent health hazard exists, the facility shall immediately cease operations until authorized to reopen by the commissioner; All violations of priority items […]

§ 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 […]