§ 43-8-101 Short title
§ 43-8-102 Part definitions
§ 43-8-103 Pesticides – Prohibitions as to sale or transportation
§ 43-8-104 Registration of products – Annual renewal – Labeling – Statement filed by registrant – Registration of brand or grade – License to sell registered brands – Refusal or cancellation of registration
§ 43-8-105 Defacing or destroying label, refusing information, false guaranty, revelation of formula, noncooperation with officials prohibited
§ 43-8-106 Powers of commissioner
§ 43-8-107 Notice given of violations – Hearing – Prosecution upon certification of facts
§ 43-8-108 Exemptions from penalties
§ 43-8-109 Injunction obtained to restrain violations
§ 43-8-110 “Stop sale, use, or removal” orders – Issuance and enforcement
§ 43-8-111 Seizure, condemnation and sale of pesticide for noncompliance with provisions of law
§ 43-8-112 Authority vested in commissioner delegable to department of agriculture employees
§ 43-8-113 Establishment of fees
§ 43-8-114 Local regulation of pesticides
§ 43-8-115 Agreements with certain municipal or county governments to implement the enforcement provisions of this chapter
§ 43-8-116 Offense of use of pesticide in manner that causes harm

Terms Used In Tennessee Code > Title 43 > Chapter 8 > Part 1 - General Provisions

  • 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
  • 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
  • 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
  • Antidote: means the most practical immediate treatment in case of poisoning and includes first aid treatment. See Tennessee Code 43-8-102
  • 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.
  • 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.
  • 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.
  • 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.
  • Guarantor: A party who agrees to be responsible for the payment of another party's debts should that party default. Source: OCC
  • 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.
  • 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.
  • 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 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
  • 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
  • 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
  • Oversight: Committee review of the activities of a Federal agency or program.
  • 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.
  • Person: means any individual, partnership, association, corporation or organized group of persons whether incorporated or not. 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
  • Property: includes both personal and real property. See Tennessee Code 1-3-105
  • Registrant: means the person registering any pesticide pursuant to this part and part 2 of this chapter. See Tennessee Code 43-8-102
  • 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
  • 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
  • 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
  • Statute: A law passed by a legislature.
  • Subpoena: A command to a witness to appear and give testimony.
  • United States: includes the District of Columbia and the several territories of the United States. 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
  • Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105