(a) Whenever in the judgment of the commissioner or the Tennessee dairy promotion committee on recommendation to the commissioner, a purchaser is engaged in or is about to engage in any acts or practices that constitute a violation of any of the sections of this chapter, the commissioner may make application to a court of appropriate jurisdiction for an order enjoining the act or acts or practices and obtain a restraining order and preliminary injunction against the violation.
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Terms Used In Tennessee Code 44-19-121

  • Commissioner: means the commissioner of agriculture. See Tennessee Code 44-19-103
  • 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.
  • Person: means any individual, corporation, partnership, association, cooperative or other business entity. See Tennessee Code 44-19-103
  • Purchaser: means any handler, dealer or processor who purchases or receives milk and milk products from producers on a commercial basis. See Tennessee Code 44-19-103
  • Tennessee dairy promotion committee: means a statewide committee appointed by the commissioner established pursuant to this chapter. See Tennessee Code 44-19-103
(b) Any due and payable assessment shall constitute a personal debt of every person who is liable and the same sum shall be due and payable to the committee. In the event any person fails to pay the full amount of the person’s assessment before the due date, the commissioner may add to the unpaid assessment an amount not exceeding ten percent (10%) of the amount due to defray the cost of enforcing collection. In the event any person fails to pay any due and payable assessment, the commissioner may bring a civil action against that person for collection, together with the above specified ten percent (10%).
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