(a) Any person, or any trade association that is a representative of the person, claiming to be injured by reason of a violation of this part is authorized to file a written complaint with the commissioner, setting forth evidence the person may have, alleging that milk or milk products are being sold or offered for sale in violation of this part to the injury of the petitioner or injury to competition. Upon the filing of the complaint, the commissioner shall, with reasonable notice, require the person accused of violating this part to appear and answer the complaint and show cause why penalties provided in this part should not be imposed.

Terms Used In Tennessee Code 53-3-203

  • Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
  • Commissioner: means the commissioner of agriculture. See Tennessee Code 53-3-201
  • Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
  • Department: means the Tennessee department of agriculture. See Tennessee Code 53-3-103
  • 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.
  • Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
  • 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.
  • Milk products: means all or any one (1) of the following: market milk, pasteurized milk, vitamin-D milk, homogenized milk, flavored milk or flavored milk drinks, sweet cream, whipping cream, homogenized cream, skim milk, cottage cheese, buttermilk, and cultured buttermilk, as those products are defined by the commissioner under §. See Tennessee Code 53-3-201
  • Person: means and includes one (1) or more individuals, partnerships, associations, incorporated, unincorporated or cooperative, corporations, legal representatives, trustees in bankruptcy, receivers, or any other business unit, or any combination of these, except where the context otherwise requires. See Tennessee Code 53-3-201
  • 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
  • written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
(b) Upon the finding by the commissioner that a violation of this part has occurred, the commissioner may:

(1) Revoke or suspend any license or permit issued by the department to the person found in violation of this part;
(2) Seek injunctive relief in any court of competent jurisdiction to enjoin any violation of this part;
(3) Impose civil penalties of up to one thousand dollars ($1,000) each day that a violation occurs; or
(4) Recover any and all expenses for investigation and prosecution of violations of this part from any person found in violation.
(c) The commissioner, any aggrieved person, or any trade association that is a representative of the person, may file an original injunction in the chancery court of the county in which the person who violates this part resides, to enjoin further violations of this part.
(d) The commissioner has the additional powers and duties to:

(1) Issue rules and regulations for the enforcement of this part, in accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5; and
(2) Conduct hearings in accordance with the Uniform Administrative Procedures Act, and has the authority to issue subpoenas duces tecum, and have access to the records of those persons regulated by this part that are necessary and reasonable for the enforcement of this part.
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