Terms Used In Tennessee Code > Title 12 > Chapter 4 - Public Contracts

• Acceptance: means notification by an authorized officer or employee of the state that the work completed has been in accordance with the terms and conditions of the state contract. See Tennessee Code 12-4-502
• Active ingredient: means :
  (A) In the case of a pesticide other than a plant regulator, defoliant or desiccant, an ingredient that will prevent, destroy, repel or mitigate. See Tennessee Code 43-8-102
• Adjuvant: means any substance that, when added to a pesticide, is intended to aid, modify or enhance its effectiveness by its properties of serving as a wetting agent, detergent, spreading agent, synergist, deposit builder, adhesive, surfactant, emulsifying agent, deflocculating agent, water modifier, or similar agent, with or without toxic properties of its own, and when sold in a package or container separate from that of the pesticide with which it is to be used. See Tennessee Code 43-8-102
• Adjuvant: means any substance that, when added to a pesticide, is intended to aid, modify or enhance its effectiveness by its properties of serving as a wetting agent, detergent, spreading agent, synergist, deposit builder, adhesive, surfactant, emulsifying agent, deflocculating agent, water modifier, or similar agent, with or without toxic properties of its own, and when sold in a package or container separate from that of the pesticide with which it is to be used. See Tennessee Code 43-8-301
• Adulterated: means a condition wherein strength or purity of a pesticide falls below the professed standard of quality as expressed on labeling under which it is sold, or if any substance has been substituted wholly or in part for the pesticide, or if any valuable constituent thereof has been wholly or in part abstracted. See Tennessee Code 43-8-102
• Advertisement: means all representations, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of this part. See Tennessee Code 43-10-103
• Advice and consent: Under the Constitution, presidential nominations for executive and judicial posts take effect only when confirmed by the Senate, and international treaties become effective only when the Senate approves them by a two-thirds vote.
• Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
• Agency: means any entity of the state government, as defined in §. See Tennessee Code 12-4-702
• Agent: means any person soliciting orders for or selling or distributing nursery stock or other plants under the partial or full control of a nursery owner or dealer. See Tennessee Code 43-6-102
• Agricultural industry representative: means any person:
  (A) Engaged in a business that provides a service to, or good for, farmers engaged in production agriculture. See Tennessee Code 43-14-202
• Agricultural liming materials: means a product whose calcium and magnesium compounds are capable of neutralizing soil acidity, and including, but not limited to, limestone, burnt lime, hydrated lime, marl, industrial by-products, calcitic limestone, dolomatic limestone, and ground shells. See Tennessee Code 43-11-402
• Agricultural products: includes horticultural, viticultural, forestry, dairy, livestock, poultry, bee and any farm products. See Tennessee Code 43-16-103
• Agricultural seeds: includes the seeds of grass, forage, cereal, and fiber crops and other kinds of seeds commonly recognized within this state as agricultural seeds, lawn seeds, and mixture of such seeds, and may include noxious-weed seeds when the commissioner determines that such seed is being used as agricultural seed. See Tennessee Code 43-10-103
• Agriculture: means :
  (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
• Air navigation facility: means any facility, other than one owned and operated by the United States, used in, available for use in, or designed for use in, aid of air navigation, including any structures, mechanisms, lights, beacons, markers, communicating systems, or other instrumentalities, or devices used or useful as an aid, or constituting an advantage or convenience, to the safe taking off, navigation, and landing of aircraft, or the safe and efficient operation or maintenance of an airport, and combination of any or all of such facilities. See Tennessee Code 42-5-102
• Aircraft: means any contrivance known or hereafter invented that is used or designed for navigation of or flight in the air over land or water and is designed or adaptable for use in applying pesticides in any form. See Tennessee Code 43-8-301
• Airport: means and includes any one (1) or more airports or heliports and related facilities, including, but not limited to, land and interests in land, facilities for storage of air and space craft, navigation and landing aids, taxiways, pads, aprons, control towers, passenger and cargo terminal buildings, hangars, administration and office buildings, garages, parking lots, and such other structures, facilities and improvements necessary or convenient to the development and maintenance of airports and heliports, and for the promotion and accommodation of air and space travel, commerce and navigation. See Tennessee Code 42-4-103
• Airport: means any area of land or water designed and set aside for the landing and taking off of aircraft and utilized or to be utilized in the interest of the public for such purposes. See Tennessee Code 42-6-101
• Airport: means any area of land or water that is used, or intended for use, for the landing and take-off of aircraft, and any appurtenant areas that are used, or intended for use, for airport buildings or other airport facilities or avigation easements, or rights-of-way, together with all airport buildings and facilities located thereon. See Tennessee Code 42-5-102
• Airport hazard: means any structure or tree or use of land that obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off of aircraft. See Tennessee Code 42-6-101
• Airport hazard: means any structure, object of natural growth, or use of land that obstructs the airspace required for the flight of aircraft in landing or taking off at an airport or is otherwise hazardous to such landing or taking off of aircraft. See Tennessee Code 42-5-102
• Airport hazard area: means any area of land or water upon which an airport hazard might be established if not prevented as provided in this chapter. See Tennessee Code 42-6-101
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Antidote: means the most practical immediate treatment in case of poisoning and includes first aid treatment. See Tennessee Code 43-8-102
• AOAC: means the Association of Official Analytical Chemists. See Tennessee Code 43-11-402
• Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
• Appropriation: The provision of funds, through an annual appropriations act or a permanent law, for federal agencies to make payments out of the Treasury for specified purposes. The formal federal spending process consists of two sequential steps: authorization
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Association: means any corporation organized under this chapter. See Tennessee Code 43-16-103
• Authority: means a metropolitan airport authority created pursuant to this chapter. See Tennessee Code 42-4-103
• Avigation easement: means any easement that includes all or any part of the following: the right to unobstructed and unrestricted flight of aircraft, in, through, and across the airspace over and above certain described land, beginning at the altitude or height above the surface of the land as determined by the municipality. See Tennessee Code 42-5-102
• Bankruptcy: Refers to statutes and judicial proceedings involving persons or businesses that cannot pay their debts and seek the assistance of the court in getting a fresh start. Under the protection of the bankruptcy court, debtors may discharge their debts, perhaps by paying a portion of each debt. Bankruptcy judges preside over these proceedings.
• Bequest: Property gifted by will.
• Board: means the board of commissioners of an authority. See Tennessee Code 42-4-103
• Boll weevil: means Anthonomus grandis Boheman in any stage of development. See Tennessee Code 43-6-402
• Bonds: includes notes, interim certificates or other obligations of an authority. See Tennessee Code 42-4-103
• Brand: means the term, designation, trademark, product name or other specific designation under which individual agricultural liming material is offered for sale. See Tennessee Code 43-11-402
• Bulk: means material or product in nonpackaged form. See Tennessee Code 43-11-402
• Business: includes every trade, occupation, profession, investment activity and other lawful purpose for gain or the preservation of assets whether or not carried on for profits. See Tennessee Code 48-202-101
• Business: means a business organization in any form, institution, association, profession, occupation or calling of any kind, whether or not conducted for profit. See Tennessee Code 12-4-702
• Calcium carbonate equivalent: means the acid neutralizing capacity of an agricultural liming material expressed as weight percentage of calcium carbonate. See Tennessee Code 43-11-402
• Carrier: means any person or corporation engaged in the air or space transportation of passengers or cargo. See Tennessee Code 42-4-103
• Certificate: means a document issued or authorized by the commissioner indicating that a regulated article is not contaminated with boll weevils. See Tennessee Code 43-6-402
• Certifying agency: means an agency authorized to officially certify seed under the laws of a state, territory, possession, or foreign country and that has certification standards for genetic purity and identity that meet those standards established by the Association of Official Seed Certifying Agencies and referenced in its official handbook. See Tennessee Code 43-10-103
• City: means any city or territory to be incorporated that may adopt chapters 30-36 of this title. See Tennessee Code 6-30-102
• Class: when used with reference to membership interests, means a category of membership interests that differs in one (1) or more rights or preferences from another category of membership interests of the LLC. See Tennessee Code 48-202-101
• Class of certified seed: means one (1) of four (4) classes of certified seeds:
  (A) Breeder. See Tennessee Code 43-10-103
• Code: includes the Tennessee Code and all amendments and revisions to the code and all additions and supplements to the code. See Tennessee Code 1-3-105
• Commercial aerial applicator: means any person who engages in the application of pesticides by aircraft. See Tennessee Code 43-8-301
• Commercial fertilizer: means any substance containing one (1) or more recognized plant nutrients that is used for its plant nutrient content and that is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, wood ashes and gypsum. See Tennessee Code 43-11-103
• Commission: means the Tennessee soil and water conservation commission created by §. See Tennessee Code 43-14-202
• Commission: means the prevailing wage commission. See Tennessee Code 12-4-402
• Commission: means the Tennessee equine health advisory commission, created by §. See Tennessee Code 43-13-102
• Commissioner: means the commissioner of agriculture. See Tennessee Code 43-11-103
• Commissioner: means the commissioner of agriculture or the commissioner's duly authorized representatives. See Tennessee Code 43-11-402
• Commissioner: means the commissioner of agriculture. See Tennessee Code 43-14-202
• Commissioner: means the commissioner of agriculture or the commissioner's duly authorized agents. See Tennessee Code 43-6-102
• Commissioner: means the commissioner of agriculture or the commissioner's designated representative. See Tennessee Code 43-6-402
• Commissioner: means the commissioner of agriculture. See Tennessee Code 43-8-102
• Commissioner: means the commissioner of agriculture, or the commissioner's authorized agent. See Tennessee Code 43-8-301
• Commissioner: means the commissioner of agriculture or the commissioner's designated agent or agents. See Tennessee Code 43-10-103
• Commissioner: means the commissioner of transportation. See Tennessee Code 42-5-102
• Commissioner: means the commissioner of agriculture. See Tennessee Code 43-8-102
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Conditioning: means cleaning, scarifying, treating, or blending to obtain uniform quality, and other operations that would change the purity or germination of the seed and therefore require testing to determine the quality of the seed, but does not include operations such as packaging, labeling, blending together of uniform lots of the same kind or variety without cleaning, or the preparation of a mixture without cleaning, any of which would not require retesting to determine the quality of the seed. See Tennessee Code 43-10-103
• Confirmation of good standing: means confirmation by the commissioner of revenue issued through electronic communication to the secretary of state or a certificate of tax clearance that at the time such confirmation is issued an LLC or a foreign LLC is current on all taxes and penalties to the satisfaction of the commissioner. See Tennessee Code 48-202-101
• Continuance: Putting off of a hearing ot trial until a later time.
• Contract: A legal written agreement that becomes binding when signed.
• Conviction: A judgement of guilt against a criminal defendant.
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Cotton: means any cotton plant or cotton plant product upon which the boll weevil is dependent for completion of any portion of its life cycle. See Tennessee Code 43-6-402
• Cotton grower: means any person who is engaged in and has an economic risk in the business of producing, or causing to be produced, cotton for market. See Tennessee Code 43-6-402
• County: means the county in which any such city or territory to be incorporated under chapters 30-36 of this title is located, or in which the major portion of the population of any such city or territory to be incorporated is located as indicated by the last federal census. See Tennessee Code 6-30-102
• County mayor: means and includes "county executive" unless the context clearly indicates otherwise. See Tennessee Code 1-3-105
• Court: includes every court and judge having jurisdiction in the case. See Tennessee Code 48-202-101
• Creating municipality: means any city or metropolitan government having a population of not less than one hundred thousand (100,000), or any county in which any such city shall be situated, that shall create an authority pursuant to this chapter. See Tennessee Code 42-4-103
• Custom application of pesticides: means any application of pesticides for hire. See Tennessee Code 43-8-301
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Dealer: means any person not a grower of nursery stock or other plants who buys or otherwise acquires nursery stock or other plants for the purpose of reselling or otherwise distributing nursery stock or other plants independently of any control of the grower. See Tennessee Code 43-6-102
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Deficiency: means the amount of nutrient found by analysis less than that guaranteed that may result from a lack of nutrient ingredients or from a lack of uniformity. See Tennessee Code 43-11-103
• Department: means the Tennessee department of agriculture. See Tennessee Code 43-6-402
• Department: means the department of agriculture. See Tennessee Code 43-13-102
• Department: means the department of agriculture. See Tennessee Code 43-8-301
• Department: means the department of transportation. See Tennessee Code 42-5-102
• Dependent: A person dependent for support upon another.
• Devise: To gift property by will.
• Distributor: means any person who imports, consigns, manufactures, produces, compounds, mixes, or blends commercial fertilizer, or who offers for sale, sells, barters, or otherwise supplies commercial fertilizer in this state. See Tennessee Code 43-11-103
• Document: means :
  (A) Any tangible medium on which information is inscribed, and includes any writing or written instrument. See Tennessee Code 48-11-201
• Entity: includes the following, whether foreign or domestic: LLCs. See Tennessee Code 48-202-101
• Equitable: Pertaining to civil suits in "equity" rather than in "law." In English legal history, the courts of "law" could order the payment of damages and could afford no other remedy. See damages. A separate court of "equity" could order someone to do something or to cease to do something. See, e.g., injunction. In American jurisprudence, the federal courts have both legal and equitable power, but the distinction is still an important one. For example, a trial by jury is normally available in "law" cases but not in "equity" cases. ^{Source: U.S. Courts}
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Ex officio: Literally, by virtue of one's office.
• farm products: means forage and sod crops. See Tennessee Code 1-3-105
• Fiscal year: The fiscal year is the accounting period for the government. For the federal government, this begins on October 1 and ends on September 30. The fiscal year is designated by the calendar year in which it ends; for example, fiscal year 2006 begins on October 1, 2005 and ends on September 30, 2006.
• Florist: means an establishment whose primary business is the retail sale of fresh cut flowers. See Tennessee Code 43-6-102
• Foreign corporation: means a corporation for profit incorporated under a law other than the laws of this state. See Tennessee Code 48-202-101
• Fraud: Intentional deception resulting in injury to another.
• Germination: means the percentages by count of seeds under consideration, determined to be capable of producing normal seedlings in a given period of time and under normal conditions. See Tennessee Code 43-10-103
• Gift: A voluntary transfer or conveyance of property without consideration, or for less than full and adequate consideration based on fair market value.
• Governing body: means the governing body of a county or municipality and the head of the agency if the public agency is other than a county or municipality. See Tennessee Code 42-5-201
• Governing body: means the chief legislative body of any creating or participating municipality. See Tennessee Code 42-4-103
• Grade: means the percentages of total nitrogen, available phosphorus or phosphoric acid, and soluble potassium or soluble potash stated in whole numbers in the same terms, order and percentages as in the "guaranteed analysis". See Tennessee Code 43-11-103
• Grantor: The person who establishes a trust and places property into it.
• Greenhouses: means any glass house, screen house or other structure in which plants are grown, kept, or propagated for sale or distribution. See Tennessee Code 43-6-102
• guaranteed analysis: means the minimum percentage of plant nutrients claimed in the following order and form:
  (i)

  Total Nitrogen (N) . See Tennessee Code 43-11-103

• Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. ^{Source: OCC}
• Heliport: means land from which helicopters take off and land. See Tennessee Code 42-8-101
• Highway: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
• Highway contractor: means any contractor, subcontractor, person, firm, or corporation engaged in a state construction project for the purpose of building, rebuilding, locating, relocating, or repairing any public highway. See Tennessee Code 12-4-402
• Hybrid: means the first-generation seed of a cross produced by controlling the pollination or by use of sterile lines and combining:
  (A) Two (2) or more inbred lines. See Tennessee Code 43-10-103
• In bulk: refers to loose seed in bins, or open containers, and not to seed in bags or packets. See Tennessee Code 43-10-103
• Incompatible use: means any structure or use of land, as identified in airport noise compatibility planning, in Title 14 of the Code of Federal Regulations, Part 150, which was promulgated pursuant to the former Aviation Safety and Noise Abatement Act of 1979, 49 U. See Tennessee Code 42-6-101
• Individual: includes the estate of an incompetent or deceased individual. See Tennessee Code 48-11-201
• Inert matter: means all matter not seeds, and includes broken seeds, sterile florets, chaff, fungus bodies, and stones, determined by methods prescribed by rules and regulations promulgated pursuant to this part. See Tennessee Code 43-10-103
• Infested: means actually infested with a boll weevil, or so exposed to infestation that it would be reasonable to believe that an infestation exists. See Tennessee Code 43-6-402
• Ingredient statement: means a statement of the name and percentage of each active ingredient, together with the total percentage of all inert ingredients in the pesticide. See Tennessee Code 43-8-102
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Inoculant: means a commercial preparation containing nitrogen-fixing bacteria applied to seed. See Tennessee Code 43-10-103
• Insect pests: means insects or closely related organisms in any stage of development injurious to the agricultural, horticultural, silvicultural, or other interests of the state. See Tennessee Code 43-6-102
• Interest rate: The amount paid by a borrower to a lender in exchange for the use of the lender's money for a certain period of time. Interest is paid on loans or on debt instruments, such as notes or bonds, either at regular intervals or as part of a lump sum payment when the issue matures. ^{Source: OCC}
• Investigational allowance: means an allowance for variations inherent in the taking, preparation, and analysis of an official sample. See Tennessee Code 43-11-103
• Joint resolution: A legislative measure which requires the approval of both chambers.
• Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
• Kind: means one (1) or more related species or subspecies that singly or collectively are known by one (1) common name. See Tennessee Code 43-10-103
• Label: means the display of all written, printed, or graphic matter upon the immediate container, or a statement accompanying a fertilizer. See Tennessee Code 43-11-103
• Label: means any written or printed matter on or attached to the package or on the delivery ticket that accompanies bulk shipments. See Tennessee Code 43-11-402
• Label: means the written, printed or graphic matter on or attached to a pesticide, or the immediate container thereof and the outside container or wrapper of the retail package, if any there be, of the pesticide. See Tennessee Code 43-8-102
• Label: means the written, printed or graphic matter on or attached to a pesticide, or the immediate container thereof and the outside container or wrapper of the retail package, if any there be, of the pesticide. See Tennessee Code 43-8-102
• Labeling: means all written, printed, or graphic matter upon or accompanying any fertilizer, or advertisements, brochures, posters, television, and radio announcements used in promoting the sale of such fertilizer. See Tennessee Code 43-11-103
• Labeling: means all labels and other written, printed or graphic matter:
  (A) Upon the pesticide or any of its containers or wrappers. See Tennessee Code 43-8-102
• Labeling: includes all labels and other written, printed or graphic representations in any form whatsoever, accompanying or pertaining to any seed whether in bulk or in containers, and includes representations of invoices. See Tennessee Code 43-10-103
• Land occupier: means any person, other than the owner, who is in possession of any lands lying within a district, whether as lessee, renter, tenant, or otherwise. See Tennessee Code 43-14-202
• Landowner: means any person who holds legal or equitable title to any lands lying within a district. See Tennessee Code 43-14-202
• Lands: includes lands, tenements and hereditaments, and all rights thereto and interests therein, equitable as well as legal. See Tennessee Code 1-3-105
• Lawsuit: A legal action started by a plaintiff against a defendant based on a complaint that the defendant failed to perform a legal duty, resulting in harm to the plaintiff.
• Lease: A contract transferring the use of property or occupancy of land, space, structures, or equipment in consideration of a payment (e.g., rent). ^{Source: OCC}
• Licensee: means any person duly licensed under this part. See Tennessee Code 43-8-301
• Lien: A claim against real or personal property in satisfaction of a debt.
• Livestock: means all equine as well as animals that are being raised primarily for use as food or fiber for human utilization or consumption including, but not limited to, cattle, sheep, swine, goats, and poultry. See Tennessee Code 1-3-105
• Local legislation: means , but is not limited to, any ordinance, motion, resolution, amendment, regulation or rule adopted by a political subdivision. See Tennessee Code 43-11-103
• Lot: means a definite quantity of seed identified by a lot number or other identification, which shall be uniform within recognized tolerances for the factors that appear in the labeling. See Tennessee Code 43-10-103
• Manufacturer: means any person in the business of making, shaping, or packaging an agricultural liming material into a form that will remain virtually unaltered until it reaches the hands of the final consumer. See Tennessee Code 43-11-402
• Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
• Misbranded: means a condition as to a pesticide, wherein:
  (A) Its labeling bears any statement, design or graphic representation relative to the pesticide, or to its ingredients, that is false or misleading in any particular. See Tennessee Code 43-8-102
• Mixed fertilizer: is a commercial fertilizer containing any combination or mixtures of fertilizer materials designed for use or claimed to have value in promoting plant growth. See Tennessee Code 43-11-103
• Mixture: means seeds consisting of more than one (1) kind or kind and variety, each present in excess of five percent (5%) of the whole. See Tennessee Code 43-10-103
• Month: means a calendar month. See Tennessee Code 1-3-105
• Month: means the time from any day of any month to the corresponding day of the succeeding month, if any, and if none, the last day of the succeeding month. See Tennessee Code 48-11-201
• Municipal: means pertaining to a municipality as defined in this section. See Tennessee Code 42-5-102
• Municipality: means any county, incorporated city, or incorporated town of this state. See Tennessee Code 42-5-102
• National Bank: A bank that is subject to the supervision of the Comptroller of the Currency. The Office of the Comptroller of the Currency is a bureau of the U.S. Treasury Department. A national bank can be recognized because it must have "national" or "national association" in its name. ^{Source: OCC}
• Neglect of duty: means a public official's failure to perform a duty of office. See Tennessee Code 43-14-202
• Nolo contendere: No contest-has the same effect as a plea of guilty, as far as the criminal sentence is concerned, but may not be considered as an admission of guilt for any other purpose.
• Nominating petition: means a petition filed under §. See Tennessee Code 43-14-202
• Nursery: means any grounds or premises on or in which nursery stock is grown, kept or propagated for sale or distribution. See Tennessee Code 43-6-102
• Nursery stock: means all trees, shrubs, or other perennial plants or parts of trees, shrubs, or other perennial plants grown or kept for, or capable of propagation, distribution, or sale on a commercial basis. See Tennessee Code 43-6-102
• nursery stock: means all trees, shrubs, or other plants, or parts of such trees, shrubs or other plants, grown or kept for, or capable of, propagation, distribution or sale on a commercial basis. See Tennessee Code 1-3-105
• Obligation: An order placed, contract awarded, service received, or similar transaction during a given period that will require payments during the same or a future period.
• Officer: means the mayor, aldermen, city attorney and city judge. See Tennessee Code 6-1-101
• Official sample: means any sample of commercial fertilizer taken by the commissioner or the commissioner's agent and designated as "official" by the commissioner. See Tennessee Code 43-11-103
• Origin: means the state, District of Columbia, Puerto Rico, possession of the United States or the foreign country where the seed was grown. See Tennessee Code 43-10-103
• Other crop seeds: means seeds of kinds or varieties of agricultural or vegetable crops other than those shown on the label as the primary kind or kind and variety. See Tennessee Code 43-10-103
• other state entities: includes counties, cities, municipalities, and any other political subdivision of this state. See Tennessee Code 12-4-601
• Overall index value: means the value of a fertilizer as determined by comparing the value guaranteed with the value found, using as a basis for value the commercial value of a nutrient or ingredient per §. See Tennessee Code 43-11-103
• Oversight: Committee review of the activities of a Federal agency or program.
• Participating municipality: means any city, town or county. See Tennessee Code 42-4-103
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• percentage: means the percentage by weight. See Tennessee Code 43-11-103
• percentage: means percent or percentage as measured by weight. See Tennessee Code 43-11-402
• Permit: means a document issued or authorized by the commissioner to provide for the movement of regulated articles to restricted designations for limited handling, utilization, or processing. See Tennessee Code 43-6-402
• Person: means any individual, partnership, association, corporation or organized group of persons whether incorporated or not. See Tennessee Code 43-8-102
• Person: includes an individual, partnership, association, firm, and corporation. See Tennessee Code 43-11-103
• Person: means an individual, partnership, association, firm or corporation. See Tennessee Code 43-11-402
• Person: includes individual and entity. See Tennessee Code 48-202-101
• Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
• Person: means any individual, firm, copartnership, corporation, company, association, joint stock association, or body politic and includes any trustee, receiver, assignee, or other similar representative thereof. See Tennessee Code 42-6-101
• Person: means any individual, corporation, company, society, or association, or other business entity. See Tennessee Code 43-6-402
• Person: means any individual, partnership, association, corporation or organized group of persons whether incorporated or not. See Tennessee Code 43-8-102
• Person: means any individual, partnership, firm, corporation, company, trust, association, or other legal entity. See Tennessee Code 43-8-301
• Person: includes any individual, partnership, corporation, company, society, association, or legal entity. See Tennessee Code 43-10-103
• Person: means any individual, firm, partnership, corporation, company, association, joint stock association, or body politic. See Tennessee Code 42-5-102
• Pesticide: means any substance or mixture of substances or chemical intended for defoliating or desiccating plants or for preventing, destroying, repelling, or mitigating any insects, rodents, fungi, bacteria, weeds or other forms of plant or animal life the commissioner shall declare to be a pest. See Tennessee Code 43-8-102
• Pesticide: means any substance or mixture of substances or chemical intended for defoliating or desiccating plants or for preventing, destroying, repelling, or mitigating any insects, rodents, fungi, bacteria, weeds or other forms of plant or animal life the commissioner shall declare to be a pest. See Tennessee Code 43-8-102
• Pesticide: means any substance or mixture of substances, or chemical intended for defoliating or desiccating plants, or for preventing, destroying, repelling, or mitigating any insects, rodents, fungi, bacteria, weeds, or other form of plant or animal life the commissioner declares to be a pest. See Tennessee Code 43-8-301
• Petition: means a petition filed under §. See Tennessee Code 43-14-202
• Pilot: means any person flying an aircraft. See Tennessee Code 43-8-301
• Plant diseases: means infectious or transmissible diseases of plants, and their pathogens, including parasitic plants in any stage of development. See Tennessee Code 43-6-102
• Plea: In a criminal case, the defendant's statement pleading "guilty" or "not guilty" in answer to the charges, a declaration made in open court.
• Political subdivision: means any local government entity and includes, but is not limited to, any city, county or municipal government and any other body corporate and politic that is responsible for government activities in a geographic area smaller than the state. See Tennessee Code 43-11-103
• Political subdivision: means any municipality or county. See Tennessee Code 42-6-101
• Prevailing wage: means the rate of pay as determined according to this part. See Tennessee Code 12-4-402
• Principal office: means the office (in or out of this state) so designated in the annual report where the principal executive offices of a domestic or foreign corporation are located. See Tennessee Code 48-11-201
• Private hearing: consists of a discussion of facts between the person charged and the enforcement officer. See Tennessee Code 43-10-103
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Proceeding: includes civil suit and criminal, administrative, and investigatory action. See Tennessee Code 48-202-101
• Property: means anything of value, including, but not limited to, real estate, tangible and intangible personal property, contract rights, choses-in-action and other interests in or claims to wealth, admission or transportation tickets, captured or domestic animals, electric or other power and signatures which purport to create, maintain or extinguish any legal obligation. See Tennessee Code 12-4-702
• Property: includes both personal and real property. See Tennessee Code 1-3-105
• Prosecute: To charge someone with a crime. A prosecutor tries a criminal case on behalf of the government.
• Public agency: includes a municipality, as defined in this chapter, any agency of the state government and of the United States, and any municipality, political subdivision and agency of another state. See Tennessee Code 42-5-201
• Public construction project: means and includes a public works project as defined in the Local Government Public Obligations Act of 1986, compiled in title 9, chapter 21. See Tennessee Code 12-4-801
• Public highway: means any street, road, highway, expressway, bridge, or viaduct, including an adjacent right-of-way, that is constructed or maintained by the state, or any municipality or political subdivision of the state, and that is funded in whole or in part with federal or state highway funds. See Tennessee Code 12-4-402
• Purity: means the name or names of the kind, type or variety and the percentage of other crop seed. See Tennessee Code 43-10-103
• Quorum: The number of legislators that must be present to do business.
• Record: means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in a perceivable form. See Tennessee Code 1-3-105
• Registered office: means the place in this state designated in the articles as the registered office of the LLC. See Tennessee Code 48-202-101
• Registrant: means the person who registers commercial fertilizer under this part. See Tennessee Code 43-11-103
• Registrant: means the person registering any pesticide pursuant to this part and part 2 of this chapter. See Tennessee Code 43-8-102
• Regulated article: means any article of any character carrying or capable of carrying the boll weevil, including, but not limited to, cotton plants, seed cotton, other hosts, gin trash and mechanical cotton pickers. See Tennessee Code 43-6-402
• Remainder: An interest in property that takes effect in the future at a specified time or after the occurrence of some event, such as the death of a life tenant.
• Reporter: Makes a record of court proceedings and prepares a transcript, and also publishes the court's opinions or decisions (in the courts of appeals).
• Representative: when applied to those who represent a decedent, includes executors and administrators, unless the context implies heirs and distributees. See Tennessee Code 1-3-105
• Responsive bidder: means a person who has submitted a bid which conforms in all material respects to all documents, whether attached or incorporated by reference, utilized for soliciting bids. See Tennessee Code 12-4-801
• Road: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
• Savings and loan association: includes a building and loan association, a federal or state savings and loan association, a federal savings bank, and any other financial institution, the accounts of which are insured by the federal savings and loan insurance corporation (FSLIC) or any successor of such corporation. See Tennessee Code 1-3-105
• Screenings: includes seed, inert matter and other materials removed from agricultural or vegetable seed by cleaning or conditioning. See Tennessee Code 43-10-103
• Secretary: means the corporate officer to whom the bylaws or the board of directors has delegated responsibility under §. See Tennessee Code 48-11-201
• Secretary of state: means the person who holds the office of secretary of state of Tennessee. See Tennessee Code 48-202-101
• Seed seller: means a person who buys, sells, offers for sale, exposes for sale, distributes, or solicits orders for the sale of agricultural or vegetable seeds for seeding purposes, and includes any person who has seed grown under contract for resale for seeding purposes. See Tennessee Code 43-10-103
• Seizure: means a legal process carried out by court order in which the department takes physical possession of a definite amount of seed. See Tennessee Code 43-10-103
• Service: includes , but is not limited to: labor. See Tennessee Code 12-4-702
• Service of process: The service of writs or summonses to the appropriate party.
• signed: includes a mark, the name being written near the mark and witnessed, or any other symbol or methodology executed or adopted by a party with intention to authenticate a writing or record, regardless of being witnessed. See Tennessee Code 1-3-105
• soil and water conservation district: means a subdivision of this state and a public body corporate and politic, organized under this part, for the purpose, with the powers, and subject to the restrictions set forth in this part. See Tennessee Code 43-14-202
• State: means the state of Tennessee. See Tennessee Code 12-4-502
• State: means the state of Tennessee. See Tennessee Code 42-4-103
• State: when applied to the different parts of the United States, includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• State construction project: means any construction project for the purpose of erecting, remodeling, altering, repairing, demolishing, or making any additions to any building or buildings, any other type of building and construction work, or any construction project for the purpose of building, rebuilding, locating or relocating or repairing any streets, highways or bridges, wherein any state funds may be appropriated or expended for such building or construction work. See Tennessee Code 12-4-502
• State contract: means any contractual agreement, written or oral, inclusive of plans and specifications incidental thereto, entered into by any person, firm or corporation with the state for the performance of work on a state construction project. See Tennessee Code 12-4-502
• State contractor: means any person, firm or corporation engaged in a state construction project pursuant to a state contract. See Tennessee Code 12-4-502
• State highway construction project: means any construction project for the purpose of building, rebuilding, locating, relocating, or repairing any public highway. See Tennessee Code 12-4-402
• Statute: A law passed by a legislature.
• Structure: means any object constructed or installed by humans, including, but not limited to, buildings, towers, smokestacks, and overhead transmission lines. See Tennessee Code 42-6-101
• Subpoena: A command to a witness to appear and give testimony.
• Subscription: includes a mark, the name being written near the mark and witnessed. See Tennessee Code 1-3-105
• Supervisor: means a member of the governing body of a district, elected or appointed pursuant to this part. See Tennessee Code 43-14-202
• Tax clearance for termination or withdrawal: means confirmation by the commissioner of revenue issued through electronic communication to the secretary of state or a certificate of tax clearance that an LLC or a foreign LLC has filed all applicable reports, including, but not limited to, a final report, and has paid all fees, penalties and taxes as required by the revenue laws of this state. See Tennessee Code 48-202-101
• Tennessee association of conservation districts: means the nonprofit organization consisting of the ninety-five (95) soil and water conservation districts in this state, with the mission of assisting the districts with the conservation of soil, water, and other natural resources through education, leadership, and advocacy. See Tennessee Code 43-14-202
• Termination: means the end of an LLC's existence as a legal entity and occurs when the articles of termination are filed with the secretary of state under §. See Tennessee Code 48-202-101
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Ton: means a net weight of two thousand pounds (2,000 lbs. See Tennessee Code 43-11-103
• Tourist resort county: means a county having more than five percent (5%) of its territory located within the boundaries of a national park established pursuant to Tennessee Code 42-8-101
• Training and experience: means knowledge of existing conservation practices and programs, first-hand experience with installation of conservation practices, or education and training or experience in soil science, natural resources, environmental science, or a related field. See Tennessee Code 43-14-202
• Transcript: A written, word-for-word record of what was said, either in a proceeding such as a trial or during some other conversation, as in a transcript of a hearing or oral deposition.
• Treated: means given an application of a substance or subjected to a process designed to reduce, control or repel disease organisms, insects or other pests that attack seeds or seedlings growing therefrom, or to improve the planting value of the seed. See Tennessee Code 43-10-103
• Tree: means any object of natural growth. See Tennessee Code 42-6-101
• Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
• Trial jury: A group of citizens who hear the evidence presented by both sides at trial and determine the facts in dispute. Federal criminal juries consist of 12 persons. Federal civil juries consist of six persons.
• Trustee: A person or institution holding and administering property in trust.
• Uniform Commercial Code: A set of statutes enacted by the various states to provide consistency among the states' commercial laws. It includes negotiable instruments, sales, stock transfers, trust and warehouse receipts, and bills of lading. ^{Source: OCC}
• United States: means the government of the United States, the natural resources conservation service of the United States department of agriculture, and any other agency or instrumentality thereof. See Tennessee Code 43-14-202
• United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• Variable Rate: Having a "variable" rate means that the APR changes from time to time based on fluctuations in an external rate, normally the Prime Rate. This external rate is known as the "index." If the index changes, the variable rate normally changes. Also see Fixed Rate.
• Variety: means a subdivision of a kind that is:
  (A) Distinct, in the sense that the variety clearly differs by one (1) or more identifiable, morphological, physiological or other characteristics, which may include those evidenced by processing or product characteristics. See Tennessee Code 43-10-103
• Vegetable seeds: includes the seeds of those crops that are grown in gardens or truck farms and are generally known and sold under the name of vegetable seed in this state. See Tennessee Code 43-10-103
• Verdict: The decision of a petit jury or a judge.
• Weed seeds: means the seeds, bulblets, or tubers of all plants generally recognized as weeds within this state and includes noxious-weed seeds. See Tennessee Code 43-10-103
• Weight: means the weight of undried material as offered for sale. See Tennessee Code 43-11-402
• Writ: A formal written command, issued from the court, requiring the performance of a specific act.
• Writ of certiorari: An order issued by the Supreme Court directing the lower court to transmit records for a case for which it will hear on appeal.
• written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
• written: means any information in the form of a document. See Tennessee Code 48-11-201
• Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105