§ 43-29-101. Short Title
This chapter shall be known and may be cited as the “Agriculture Commodities Promotion Act.”
§ 43-29-102. Legislative Declaration — Separate and Independent Boards and Programs
It is declared by the general assembly to be in the interest of the public welfare that Tennessee farmers who are producers of agricultural commodities shall be permitted and encouraged to act jointly and in cooperation with all purchasers, handlers, dealers, and processors of agricultural commodities in promoting, by advertising, research and other methods, the […]
§ 43-29-103. Chapter Definitions
As used in this chapter, unless the context otherwise requires: “Case of eggs” means a standard thirty (30) dozen egg case; “Commissioner” means the commissioner of agriculture; “Commodity” means beef, corn, pork, and eggs, produced on a commercial basis; “Corn” means all kinds of varieties of corn except popcorn, sweet corn, and ornamental corns; “Department” […]
§ 43-29-104. Legality of Associations or Activities — Restraint of Trade
No association, meeting or activity undertaken pursuant to this chapter intended to benefit all the producers, handlers and processors of commodity products shall be illegal or in restraint of trade.
§ 43-29-105. Referendum on Assessment for Promotion and Research
It is further declared to be in the public interest and highly advantageous to the agricultural economy of the state that producers of beef, corn, pork, and eggs on a commercial basis shall be permitted, by referendum, to be among such respective producers and subject to this chapter, levy upon themselves an assessment on these […]
§ 43-29-106. Application for Referendum
Any qualified producer organization of beef, pork, and eggs may make application to the commissioner requesting a referendum of beef, pork, or egg producers, on forms prescribed by the commissioner, for the purpose of determining whether an assessment of a specified amount can be levied, collected, and disbursed under this chapter, or whether a prior […]
§ 43-29-107. Review of Application — Date of Referendum and Assessment — Notice of Referendum and Assessment
Within thirty (30) days of receipt of an application requesting a referendum, the commissioner shall make a determination of whether or not the petitioner is a qualified producer organization and, upon the determination, shall set a date for the referendum, which shall not be more than sixty (60) days after receipt of the application, and […]
§ 43-29-108. Conducting Referendum — Eligibility — Voting
Any referendum held under this chapter shall be conducted statewide, under the control and direction of the commissioner. The polling place in each county shall be the offices of the University of Tennessee agriculture extension service. All ballots shall be provided at the polling place. All voting shall be by secret ballot. Each person seeking […]
§ 43-29-109. Withholding and Transfer of Funds — Report
The assessed rate as approved by referendum shall be deducted by the purchaser from the amount paid to the producer at the first point of sale. Each purchaser shall submit to the department or to the department’s contractor or designee the total amount of funds withheld from producers on or before a date specified by […]
§ 43-29-110. Records
Each purchaser shall keep a complete and accurate record of commodities handled by that purchaser and shall furnish each producer with a signed sales slip showing the amount of commodities purchased from that producer and the amount deducted by the purchaser for the promotion fund. These records shall be kept for two (2) years and […]
§ 43-29-111. Application for Refund of Assessments
Within ninety (90) days of an assessment being withheld by the purchaser, any producer may make application to the commissioner, on forms to be prescribed by the commissioner, for refund of assessments withheld. The application shall be accompanied by copies of sales slips evidencing the withheld assessment for which the refund is sought.
§ 43-29-112. Referendum on Continuation of Assessment Program
If the commissioner determines that, during any continuous twelve-month period the assessment program is in effect, over thirty percent (30%) of the proceeds generated by the assessment is being refunded, then the commissioner shall conduct a referendum within one hundred twenty (120) days to determine whether the assessment program should remain in effect.
§ 43-29-113. Establishment of Promotion Boards
If a referendum is carried in the affirmative and an assessment is to be levied as provided in this chapter, a promotion board shall be established according to the provisions set out in this chapter for each particular commodity.
§ 43-29-114. Promotion Boards — Meetings — Organization — Duties
Members of each board shall meet and organize within thirty (30) days of their appointment and shall elect a chair, a vice chair and a secretary-treasurer from the membership of the board, each to serve for a one-year term. The duties and responsibilities of the board shall be prescribed by the commissioner to the extent […]
§ 43-29-115. Use of Funds by Promotion Boards — Reports
A commodity promotion board shall spend the proceeds of an assessment solely to finance a program of research, education, market development, marketing and advertising designed to promote the increased consumption, production, use and sale of agricultural commodities. A commodity promotion board shall not spend its funds in any manner for political purposes or to influence […]
§ 43-29-116. Personal Debt — Penalties — Collection
Any amount withheld, or that should have been withheld, by the purchaser due to an assessment shall be a personal debt of the purchaser. If the purchaser’s monthly payments to the commissioner are not timely made, a penalty of ten percent (10%) of the amount due shall be imposed. The commissioner may bring a civil […]
§ 43-29-117. Promulgation of Rules and Regulations
The commissioner is authorized to promulgate rules and regulations in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to provide for the implementation of this chapter.
§ 43-29-118. Beef Promotion Board
The Tennessee beef promotion board shall be composed of twelve (12) members, to be appointed by the commissioner as provided in this section. All twelve (12) members of the board shall be producers of beef animals or representatives of the beef industry in the state. The members of the Tennessee beef promotion board shall be […]
§ 43-29-119. Pork Promotion Board
The Tennessee pork promotion board shall be composed of seven (7) members, to be appointed by the commissioner to serve terms of three (3) years, as hereinafter provided. All seven (7) members of the board shall be producers of pork animals in the state of Tennessee. Within ten (10) days of the effective date of […]
§ 43-29-120. Egg Promotion Board
The Tennessee egg promotion board shall be composed of five (5) members, to be appointed by the commissioner to serve terms of three (3) years, as hereinafter provided. All five (5) members of the board shall be producers of eggs. Within ten (10) days after the effective date of an assessment levied pursuant to this […]