(a) Notwithstanding any law to the contrary, and except for subdivision (c)(1), the local government’s authority under title 13, chapters 7, 16, and 28, and the local government’s authority to regulate roadways, traffic, and the provision of utility services, this state is the exclusive regulator of food and drink sellers, vendors, vending machine operators, food establishments, and food service establishments in this state.
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Terms Used In Tennessee Code 53-8-123

  • Agriculture: means :
    (i) The land, buildings and machinery used in the commercial production of farm products and nursery stock. See Tennessee Code 1-3-105
  • Contract: A legal written agreement that becomes binding when signed.
  • Department: means the department of agriculture. See Tennessee Code 53-8-103
  • Food establishments: means retail food stores, and food service establishments located within retail food stores. See Tennessee Code 53-8-103
  • 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
(b) A local government, as that term is defined in § 7-51-2001, shall not impose a tax, fee, or otherwise regulate the wholesale or retail sale, manufacture, or distribution of any food or drink, food or drink content, amount of food or drink content, or food or drink ingredients, except as authorized under title 67, chapter 6, or § 67-4-504, or pursuant to a contract with the department of agriculture.
(c) This section:

(1) Does not prohibit a local government from regulating zoning, building codes, locations, hours of operation, or the issuance of permits, or from performing any other local governmental functions as authorized by existing state law, with respect to food and drink sellers and vendors, vending machine operators, food establishments, and food service establishments; and
(2) Applies to both the sale and distribution of food or drink by food and drink sellers, food establishments, food service establishments, manufacturers of food and drink products regulated under chapter 1 of this title, and vending machines.
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