(a)

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Terms Used In Tennessee Code 53-1-115

  • Advertisement: means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or that are likely to induce directly or indirectly, the purchase of food, drug, devices or cosmetics. See Tennessee Code 53-1-102
  • Catfish: means any species within the family Ictaluridae or the family Anarchichadidae. See Tennessee Code 53-1-102
  • Commissioner: means the commissioner of agriculture. See Tennessee Code 53-1-102
  • Imported catfish: means catfish that is produced in a nation other than the United States, either according to the usual and customary techniques of aquaculture or in the freshwater lakes, rivers or streams or the marine or estuarine waters of the foreign nation. See Tennessee Code 53-1-102
  • Label: means a display of written, printed, or graphic matters upon the immediate container of any article, and a requirement made by or under authority of this chapter, that any word, statement, or other information appearing on the label shall not be considered to be complied with unless the word, statement or other information also appears on the outside container. See Tennessee Code 53-1-102
  • Labeling: means all labels and other written, printed or graphic matter:
    (A) Upon any article or any of its containers or wrappers. See Tennessee Code 53-1-102
  • Person: includes an individual, partnership, corporation and association. See Tennessee Code 53-1-102
(1) The term “catfish” shall not be used as a common name or brand name or used to advertise, distribute, or label any fish or fish product, except for those species within the definition of catfish set out in § 53-1-102.
(2) It is a violation of this section to use the term “catfish” in the advertisement, distribution, processing, labeling, or wholesale or retail sale of any of those species within the family of Siluridae, Clariidae and Pangasiidaae or any other species of fish not included within the definition of catfish set out in § 53-1-102.
(b) This section shall apply only to the advertisement, distribution, processing, labeling, or wholesale or retail sale of:

(1) Unprepared or packaged imported catfish and imported catfish products; and
(2) Unprepared or packaged fish and fish products described in subsection (a).
(c) The commissioner shall enforce the requirements of this section and is authorized to promulgate rules and regulations pursuant to the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, to implement this section.
(d) In the event of a violation of this section, the commissioner is authorized to:

(1) Order the processor, distributor, wholesaler or retailer to cease the distribution or sale of imported catfish or imported catfish products that are not labeled or are labeled in violation of this section;
(2) Order the processor, distributor, wholesaler or retailer to cease the advertisement, distribution, labeling or sale of all other fish or fish products that are being advertised, distributed, labeled or sold in violation of this section;
(3) Seek injunctive relief to stop practices that are in violation of this section; and
(4) Order the processor, distributor, wholesaler or retailer to comply with this section or any rule or regulation promulgated pursuant to this section.
(e) Any person who violates this section shall be subject to a civil penalty of not more than one thousand dollars ($1,000) for each violation. Each day of continued violation constitutes a separate violation.
(f) Any person aggrieved by an order or civil penalty imposed by the commissioner shall be entitled to a hearing in accordance with the Uniform Administrative Procedures Act.
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