(a) The commissioner has the power and duty to:

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Terms Used In Tennessee Code 62-21-118

  • Certification: means the authorization by the commissioner to use, supervise the use of, buy or sell restricted use pesticides or to issue a wood destroying insect infestation inspection report. See Tennessee Code 62-21-102
  • Charter: means an instrument issued by the department, authorizing a person, firm or corporation to engage in the business of commercial pest control operations. See Tennessee Code 62-21-102
  • Commissioner: means the commissioner of agriculture. See Tennessee Code 62-21-102
  • 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.
  • Licensee: means any person duly licensed under this chapter. See Tennessee Code 62-21-102
  • Recertification: means the reauthorization every three (3) years by the commissioner to use, supervise the use of, buy or sell restricted use pesticides. See Tennessee Code 62-21-102
  • 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
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(1) Administer this chapter;
(2) Promulgate rules and regulations that are consistent with the requirements of the United States environmental protection agency implementing and supplementing this chapter and provide for its orderly administration;
(3) Issue licenses, collect appropriate fees and issue charters upon application and qualification as provided by this chapter;
(4) Determine requirements for and issue certification and recertification for users of restricted use pesticides;
(5) Promulgate rules and regulations concerning handling and usage of pesticides;
(6) Classify pesticides as to whether of general or restricted use;
(7) Hold hearings and deny, revoke, modify or suspend charters, licenses and certification, and/or impose civil penalties of up to one thousand dollars ($1,000) for each violation;
(8) The commissioner or the commissioner’s designee may enter any place during normal business hours where pesticides are used or stored for the purposes of inspection, sampling or observation;
(9) Through rule and regulation require the maintenance or filing of records;
(10) Issue subpoenas for persons and records incidental to any hearing; and
(11) Inspect periodically the operation and conduct of a charter holder, licensee or certificate holder.
(b) The commissioner shall promulgate rules and regulations that may be requested by a two-thirds (2/3) affirmative vote of the legislative body of any municipal or county government within any county having a population of less than two hundred fifty thousand (250,000), according to the 1990 federal census or any subsequent federal census, that have as their purpose the regulation of the use of pesticides in their specific area of jurisdiction. These regulations must be reasonable and not in conflict with state or federal law and regulations, but for good cause shown may be more stringent than those standards.
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