Tennessee Code 43-10-115 – Seizure
Terms Used In Tennessee Code 43-10-115
- Commissioner: means the commissioner of agriculture or the commissioner's designated agent or agents. See Tennessee Code 43-10-103
- Complaint: A written statement by the plaintiff stating the wrongs allegedly committed by the defendant.
- 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.
- Lot: means a definite quantity of seed identified by a lot number or other identification, which shall be uniform within recognized tolerances for the factors that appear in the labeling. See Tennessee Code 43-10-103
- Screenings: includes seed, inert matter and other materials removed from agricultural or vegetable seed by cleaning or conditioning. See Tennessee Code 43-10-103
- Seizure: means a legal process carried out by court order in which the department takes physical possession of a definite amount of seed. See Tennessee Code 43-10-103
- 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
- Vegetable seeds: includes the seeds of those crops that are grown in gardens or truck farms and are generally known and sold under the name of vegetable seed in this state. See Tennessee Code 43-10-103
Any lot of agricultural or vegetable seeds, mixtures of such seeds, or screenings being sold, exposed for sale, offered for sale or held with intent to sell in this state contrary to this part shall be subject to seizure on complaint of the commissioner to a court of competent jurisdiction in the locality in which the seeds, mixtures of such seeds, or screenings are located. In the event the court finds the seed to be in violation of this part and orders the condemnation thereof, the seeds, mixtures of such seeds, or screenings shall be denatured, conditioned, destroyed, relabeled, or otherwise disposed of in compliance with the laws of this state; provided, that in no instance shall such disposition of the seeds, mixtures of the seeds, or screenings be ordered by the court without first having given the claimant an opportunity to apply to the court for the release of the seeds, mixtures of the seeds, or screenings, or permission to condition or relabel to bring them into compliance with this part.