Terms Used In Tennessee Code > Title 68 > SAFETY > Chapter 131 - Hazardous Substances

• Abusive civil action: means a civil action filed by a plaintiff against a defendant with whom the plaintiff shares a civil action party relationship primarily to harass or maliciously injure the defendant and at least one (1) of the following factors are applicable:
  (A) Claims, allegations, and other legal contentions made in the civil action are not warranted by existing law or by a reasonable argument for the extension, modification, or reversal of existing law, or the establishment of new law. See Tennessee Code 29-41-101
• Abusive civil action plaintiff: means a person who files a civil action that a court of record has determined to be an abusive civil action and against whom prefiling restrictions have been imposed pursuant to this chapter. See Tennessee Code 29-41-101
• Accumulated contributions: means the sum of all the amounts deducted from the compensation of a member, together with any amount transferred to the account of the member established pursuant to chapters 34-37 of this title from the respective account of the member under one (1) or more of the superseded systems, with interest thereon, as provided in §. See Tennessee Code 8-34-101
• Actuarial equivalent: means a benefit of equal value when computed at regular interest upon the basis of the mortality tables last adopted for such purpose by the board of trustees. See Tennessee Code 8-34-101
• 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
• 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.
• Annuity: A periodic (usually annual) payment of a fixed sum of money for either the life of the recipient or for a fixed number of years. A series of payments under a contract from an insurance company, a trust company, or an individual. Annuity payments are made at regular intervals over a period of more than one full year.
• Answer: The formal written statement by a defendant responding to a civil complaint and setting forth the grounds for defense.
• Antifreeze: means any substance or preparation sold, distributed or intended for use as the cooling liquid or to be added to the cooling liquid in the cooling system of internal combustion engines of motor vehicles to prevent freezing of the cooling liquid or to lower its freezing point. See Tennessee Code 68-131-102
• 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.
• Art supplies: includes :
  (A) Any raw or processed material or manufactured product marketed or being represented by the manufacturer, repackager or retailer as being suitable for use in any phase of the creation of any work of visual or graphic art of any medium. See Tennessee Code 68-131-303
• Assets: (1) The property comprising the estate of a deceased person, or (2) the property in a trust account.
• Attachment: A procedure by which a person's property is seized to pay judgments levied by the court.
• Average final compensation: means the average annual earnable compensation of a member during the five (5) consecutive years of the member's creditable service affording the highest such average, or during all of the years in the member's creditable service if less than five (5) years. See Tennessee Code 8-34-101
• Banned hazardous substance: means :
  (i) Any toy or other article intended for use by children, that:

  (a) Is a hazardous substance. See Tennessee Code 68-131-102
• Beneficiary: A person who is entitled to receive the benefits or proceeds of a will, trust, insurance policy, retirement plan, annuity, or other contract. ^{Source: OCC}
• Beneficiary: means any person, persons or institution receiving a retirement allowance or other benefit as provided in chapters 34-37 of this title. See Tennessee Code 8-34-101
• Bittering agent: means denatonium benzoate. See Tennessee Code 68-131-102
• board: means the board provided for in part 3 of this chapter. See Tennessee Code 8-34-101
• Civil action: means a civil action, as defined in Rule 2 of the Tennessee Rules of Civil Procedure. See Tennessee Code 29-41-101
• Civil action defendant: means a person or persons against whom a civil action has been filed that a court of record has determined to be an abusive civil action and imposed prefiling restrictions against the abusive civil action plaintiff pursuant to this chapter. See Tennessee Code 29-41-101
• Civil action party relationship: means the plaintiff commencing a civil action and the civil action defendant fall within one (1) of the following categories:
  (A) Adults who are current or former spouses. See Tennessee Code 29-41-101
• 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
• 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
• 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 68-131-303
• Commissioner: means the commissioner of agriculture or the commissioner's legally authorized representative or agent. See Tennessee Code 68-131-102
• Commissioner: means the commissioner of agriculture or the commissioner's legally authorized representative or agent. See Tennessee Code 68-131-303
• Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
• Continuance: Putting off of a hearing ot trial until a later time.
• 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.
• Corrosive: means any substance that, in contact with living tissue, will cause destruction of tissue by chemical action, but does not refer to action on inanimate surfaces. See Tennessee Code 68-131-102
• Court: means a chancery court in this state. See Tennessee Code 29-40-102
• Creditable service: means prior service plus membership service, as provided in part 6 of this chapter. See Tennessee Code 8-34-101
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
• Department: means the Tennessee department of agriculture. See Tennessee Code 68-131-102
• Department: means the department of agriculture. See Tennessee Code 68-131-303
• Dependent: A person dependent for support upon another.
• Dismissal: The dropping of a case by the judge without further consideration or hearing. ^Source:
• Earnable compensation: includes , but is not limited to, any bonus or incentive payment. See Tennessee Code 8-34-101
• Electrical: means of or pertaining to the flow of an electrical charge or to electrons in motion. See Tennessee Code 68-131-102
• Employer: means :
  (A) The state or any department, commission, institution, board or agency of the state government by which a member is paid, with respect to members in its employ. See Tennessee Code 8-34-101
• 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.
• Garnishment: Generally, garnishment is a court proceeding in which a creditor asks a court to order a third party who owes money to the debtor or otherwise holds assets belonging to the debtor to turn over to the creditor any of the debtor
• Harass or maliciously injure: means the civil action determined to be an abusive civil action was filed with the intent or was primarily designed to:
  (A) Exhaust, deplete, impair, or adversely impact the civil action defendant's financial resources unless:

  (i) Punitive damages are requested and appropriate. See Tennessee Code 29-41-101
• Hazardous materials: includes :
  (A) Materials designated as hazardous by any governmental agency. See Tennessee Code 68-131-201
• Hazardous substance: means :
  (i) Any substance or mixture of substances that:

  (a) Is toxic. See Tennessee Code 68-131-102
• Highly toxic: means any substance that falls within any of the following categories:
  (i) Produces death within fourteen (14) days in one half (½. See Tennessee Code 68-131-102
• Human carcinogen: means any substance listed as a human carcinogen by the International Agency for Research on Cancer. See Tennessee Code 68-131-303
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• 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}
• Internal Revenue Code: means the Internal Revenue Code of 1986, codified in United States Code, title 26, as amended. See Tennessee Code 8-34-101
• Interrogatories: Written questions asked by one party of an opposing party, who must answer them in writing under oath; a discovery device in a lawsuit.
• Irritant: means any substance not corrosive within the meaning of subdivision (6), which on immediate, prolonged, or repeated contact with normal living tissue will induce a local inflammatory reaction. See Tennessee Code 68-131-102
• 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 a display of written, printed, or graphic matter upon the immediate container of any substance, or in the case of an article that is unpackaged or is not packaged in an immediate container intended or suitable for delivery to the ultimate consumer, a display of such matter directly upon the article involved or upon a tag or other suitable material affixed to the article, and a requirement made by or under authority of this part that any word, statement, or other information appearing on the label shall not be considered to be complied with, unless such word, statement, or other information also appears:
  (A) On the outside container or wrapper, if any there be, unless it is easily legible through the outside container or wrapper. See Tennessee Code 68-131-102
• Label: means a display of written, printed, or graphic matter upon the immediate container of any substance, or in the case of an article that is unpackaged or is not packaged in an immediate container intended or suitable for delivery to the ultimate consumer, a display of such matter directly upon the article involved or upon a tag or other suitable material affixed to the article, and a requirement made by or under authority of this part that any word, statement or other information appearing on the label shall not be considered to be complied with, unless such word, statement or other information also appears:
  (A) On the outside container or wrapper, if any there be, unless it is easily legible through the outside container or wrapper. See Tennessee Code 68-131-303
• Lien: A claim against real or personal property in satisfaction of a debt.
• Lien: means an interest in property that secures payment or performance of an obligation. See Tennessee Code 29-40-102
• Limitation year: means , for testing purposes under §. See Tennessee Code 8-34-101
• Mechanical: means of or pertaining to the design, construction or structure of a substance. See Tennessee Code 68-131-102
• Member: means any person included in the membership of the retirement system, as provided in chapter 35, part 1 of this title. See Tennessee Code 8-34-101
• Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
• Misbranded hazardous substance: means a hazardous substance, including a toy, or other article intended for use by children, which is a hazardous substance, or which bears or contains a hazardous substance in such manner as to be susceptible of access by a child to whom such toy or other article is entrusted, intended or packaged in a form suitable for use in the household or by children, which substance, except as otherwise provided by or pursuant to §. See Tennessee Code 68-131-102
• Month: means a calendar month. See Tennessee Code 1-3-105
• Mortgagee: The person to whom property is mortgaged and who has loaned the money.
• Mortgagee: means a person entitled to enforce an obligation secured by a mortgage. See Tennessee Code 29-40-102
• 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.
• Owner: means the person for whose property a receiver is appointed. See Tennessee Code 29-40-102
• 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: includes an individual, partnership, corporation, or association, or the person's legal representative or agent. See Tennessee Code 68-131-102
• Person: includes any individual, partnership, corporation, association or other entity. See Tennessee Code 68-131-201
• Person: includes a corporation, firm, company or association. See Tennessee Code 1-3-105
• Person: means an individual. See Tennessee Code 29-40-102
• Plaintiff: The person who files the complaint in a civil lawsuit.
• Plan year: means the fiscal year commencing July 1. See Tennessee Code 8-34-101
• Prior service: means service rendered prior to the date of membership in the retirement system for which credit was given under the terms of one (1) or more of the superseded systems as provided in part 6 of this chapter. See Tennessee Code 8-34-101
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Proceeds: means the following property:
  (A) Whatever is acquired on the sale, lease, license, exchange, or other disposition of receivership property. See Tennessee Code 29-40-102
• Property: includes both personal and real property. See Tennessee Code 1-3-105
• Property: includes proceeds, products, offspring, rents, or profits of or from the property. See Tennessee Code 29-40-102
• Radioactive substance: means a substance that emits ionizing radiation. See Tennessee Code 68-131-102
• Receiver: means a person appointed by the court as the court's agent, and subject to the court's direction, to take possession of, manage, and, if authorized by this chapter or court order, transfer, sell, lease, license, exchange, collect, or otherwise dispose of receivership property. See Tennessee Code 29-40-102
• Receivership: means a proceeding in which a receiver is appointed. See Tennessee Code 29-40-102
• Receivership property: includes any proceeds, products, offspring, rents, or profits of or from the property. See Tennessee Code 29-40-102
• 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
• 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
• Retirement: means withdrawal from membership with a retirement allowance granted under chapters 34-37 of this title. See Tennessee Code 8-34-101
• Retirement allowance: means the sum of the member annuity and the state annuity. See Tennessee Code 8-34-101
• Retirement system: means the Tennessee consolidated retirement system as defined in §. See Tennessee Code 8-34-101
• Secured obligation: means an obligation the payment or performance of which is secured by a security agreement. See Tennessee Code 29-40-102
• Service: means service as a general employee, a teacher, a state police officer, a wildlife officer, a firefighter, a police officer, a state judge, a county judge, an attorney general, a commissioner or a county official which is paid for by an employer, and also includes service for which a former member of the general assembly is entitled to under former §. See Tennessee Code 8-34-101
• Service retirement date: means the date on which a member first becomes eligible for a service retirement allowance, or would first become eligible for a service retirement allowance if the member were to remain in service until such date, as provided in §. See Tennessee Code 8-34-101
• 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: means the state of Tennessee. See Tennessee Code 8-34-101
• 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: means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States. See Tennessee Code 29-40-102
• State annuity: means annual payments for life derived from contributions by an employer. See Tennessee Code 8-34-101
• Statute: A law passed by a legislature.
• Strong sensitizer: means a substance that will cause on normal living tissue, through an allergic or photodynamic process, a hypersensitivity that becomes evident on reapplication of the same substances and that is designated as such by the commissioner. See Tennessee Code 68-131-102
• Superseded system: means , where applicable, the Tennessee state retirement system, the Tennessee teachers' retirement system, the Tennessee judges' retirement system, the retirement system for county paid judges of Tennessee, the attorneys general retirement system of Tennessee, the public service commissioners' retirement system, and the Tennessee retirement system for county officials, any one (1) of them, or any combination thereof. See Tennessee Code 8-34-101
• Testimony: Evidence presented orally by witnesses during trials or before grand juries.
• Thermal: means of or pertaining to the transfer or manifestation of heat energy. See Tennessee Code 68-131-102
• Toxic: includes any substance that, when ingested, inhaled or absorbed through the skin, has the capacity to produce personal injury or illness. See Tennessee Code 68-131-303
• 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