The following acts, and the causing of the acts are prohibited:

(1) The introduction or delivery for introduction into commerce in the state of Tennessee of any misbranded hazardous substance;
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Terms Used In Tennessee Code 68-131-104

  • 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
  • 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
  • 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
  • Commissioner: means the commissioner of agriculture or the commissioner's legally authorized representative or agent. See Tennessee Code 68-131-102
  • Department: means the Tennessee department of agriculture. See Tennessee Code 68-131-102
  • Hazardous substance: means :
    (i) Any substance or mixture of substances that:
    (a) Is toxic. 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 68-131-102
  • 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
  • Person: includes an individual, partnership, corporation, or association, or the person's legal representative or agent. See Tennessee Code 68-131-102
  • 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
  • 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
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(2) The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the label of, or the doing of any other act with respect to, a hazardous substance, if such act is done while the substance is in commerce, or while the substance is held for sale, whether or not the first sale, after shipment in commerce, and results in the hazardous substance being a misbranded hazardous substance or a banned hazardous substance;
(3) The receipt in commerce of any misbranded hazardous substance or banned hazardous substance and the delivery or proffered delivery of the hazardous substance for pay or otherwise;
(4) The giving of a guarantee or undertaking referred to in § 68-131-105(b)(2), which guarantee or undertaking is false, except by a person who relied upon a guarantee or undertaking to the same effect signed by, and containing the name and address of, the person residing in the United States from whom such person received in good faith the hazardous substance;
(5) The failure to permit entry or inspection as authorized by § 68-131-110(a) or to permit access to and copying of any record as authorized by § 68-131-111;
(6)

(A) The introduction or delivery for introduction into commerce, or the receipt in commerce and subsequent delivery or proffered delivery for pay or otherwise, of a hazardous substance in a reused food, drug or cosmetic container or in a container that, though not a reused container, is identifiable as a food, drug, or cosmetic container by its labeling or by other identification. The reuse of a food, drug, or cosmetic container as a container for a hazardous substance shall be deemed to be an act that results in the hazardous substance being a misbranded hazardous substance;
(B) As used in subdivision (6)(A), “food,” “drug” and “cosmetic” have the same meanings as in the Tennessee Food, Drug, and Cosmetic Act, compiled in title 53, chapter 1;
(7) The use by any person to such person’s own advantage, or revealing other than to the commissioner or officers or employees of the department, or to the courts when relevant in any judicial proceeding under this part, of any information acquired under authority of § 68-131-110 concerning any method or process that as a trade secret is entitled to protection; and
(8) The introduction into commerce of any antifreeze that is adulterated or misbranded or in violation of the requirements of this part or regulations.
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