Terms Used In Tennessee Code 68-131-111

  • Commerce: means any and all commerce within the state of Tennessee and subject to the jurisdiction of the state of Tennessee, and includes the operation of any business or service establishment. See Tennessee Code 68-131-102
  • Commissioner: means the commissioner of agriculture or the commissioner's legally authorized representative or agent. See Tennessee Code 68-131-102
  • 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.
  • Hazardous substance: means :
    (i) Any substance or mixture of substances that:
    (a) Is toxic. See Tennessee Code 68-131-102
  • Person: includes an individual, partnership, corporation, or association, or the person's legal representative or agent. See Tennessee Code 68-131-102
  • 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

For the purpose of enforcing this part, carriers engaged in commerce, and persons receiving hazardous substances in commerce or holding such hazardous substances so received, shall, upon the request of an officer or employee duly designated by the commissioner, permit such officer or employee at reasonable times, to have access to and to copy all records showing the movement in commerce of any such hazardous substances, or the holding of the hazardous substances during or after such movement, and the quantity, shipper, and consignee of the hazardous substances, and it is unlawful for any such carrier or person to fail to permit such access to and copying of any record so requested when such request is accompanied by a statement in writing specifying the nature or kind of such hazardous substance to which such request relates; provided, that evidence obtained under this section shall not be used in a criminal prosecution of the person from whom obtained; and provided further, that carriers shall not be subject to the other provisions of this part by reason of their receipt, carriage, holding, or delivery of hazardous substances in the usual course of business as carriers.