Terms Used In Tennessee Code > Title 53 > Chapter 1 - Tennessee Food, Drug and Cosmetic Act

• Administration: means the United States food and drug administration. See Tennessee Code 53-1-301
• Advertisement: means all representations disseminated in any manner or by any means, other than by labeling, for the purpose of inducing, or that are likely to induce directly or indirectly, the purchase of food, drug, devices or cosmetics. See Tennessee Code 53-1-102
• Affidavit: A written statement of facts confirmed by the oath of the party making it, before a notary or officer having authority to administer oaths.
• 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
• Alcohol: means :
  (A) Rubbing alcohol compound. See Tennessee Code 53-1-102
• Amendment: A proposal to alter the text of a pending bill or other measure by striking out some of it, by inserting new language, or both. Before an amendment becomes part of the measure, thelegislature must agree to it.
• Catfish: means any species within the family Ictaluridae or the family Anarchichadidae. See Tennessee Code 53-1-102
• Catfish product: means any product capable of use as human food that is made wholly or in part from any catfish or portion of catfish, except products that contain catfish only in small proportions or historically have not been, in the judgment of the commissioner, considered by consumers as products of the United States commercial catfish industry and that are exempted from definition as a catfish product by the commissioner under conditions that the commissioner may prescribe to assure that the catfish or portions of catfish contained in the product are not adulterated and that the products are not represented as catfish products. See Tennessee Code 53-1-102
• Certificate of free sale: means a certificate issued by the department that certifies that the manufacturer of the food, nonprescription drugs, or cosmetics listed in the document is duly authorized to manufacture the products and either that:
  (A) The products may be sold freely to the public in the United States, and the manufacturer is in substantial compliance with this chapter as determined by an inspection conducted by the department. See Tennessee Code 53-1-102
• Color: includes black, white and intermediate grays. See Tennessee Code 53-1-102
• Color additive: means a material that:
  (a) Is a dye, pigment, or other substance made by a process of synthesis or similar artifice, or extracted, isolated, or otherwise derived, with or without intermediate or final change of identity, from a vegetable, animal, mineral or other source. See Tennessee Code 53-1-102
• Commissioner: means the commissioner of agriculture. See Tennessee Code 53-1-102
• Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
• Cosmetic: means :
  (A) Articles intended to be rubbed, poured, sprinkled, or sprayed on, introduced into, or otherwise applied to the human body or any part of the human body for cleansing, beautifying, promoting attractiveness, or altering the appearance. See Tennessee Code 53-1-102
• Damages: Money paid by defendants to successful plaintiffs in civil cases to compensate the plaintiffs for their injuries.
• Delivered: means transferred to the consumer, either immediately upon sale or at a time thereafter. See Tennessee Code 53-1-102
• Department: means the department of agriculture. See Tennessee Code 53-1-301
• Department: means the department of agriculture. See Tennessee Code 53-1-102
• Donor: The person who makes a gift.
• Drug: means articles, not including devices or their components, parts or accessories, that are:
  (A) Recognized in the official United States Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States, Official National Formulary, or any supplement to any of them. See Tennessee Code 53-1-102
• Eminent domain: means the authority conferred upon the government, and those entities to whom the government delegates such authority, to condemn and take, in whole or in part, the private property of another, so long as the property is taken for a legitimate public use in accordance with the fifth and fourteenth amendments to the . See Tennessee Code 29-17-102
• Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
• Federal act: means the federal Food, Drug and Cosmetic Act (21 U. See Tennessee Code 53-1-102
• Food: means :
  (A) Articles used for food or drink for humans or other animals. See Tennessee Code 53-1-102
• Food additive: means any substance, the intended use of which results or may reasonably be expected to result, directly or indirectly, in its becoming a component or otherwise affecting the characteristics of any food, including any substance intended for use in producing, manufacturing, packing, processing, preparing, treating, packaging, transporting or holding food. See Tennessee Code 53-1-102
• Highway: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
• Homemade food item: means a food item, including a non-alcoholic beverage, which is produced and, if packaged, packaged at the private residence of the producer. See Tennessee Code 53-1-102
• Imported catfish: means catfish that is produced in a nation other than the United States, either according to the usual and customary techniques of aquaculture or in the freshwater lakes, rivers or streams or the marine or estuarine waters of the foreign nation. See Tennessee Code 53-1-102
• Injunction: An order of the court prohibiting (or compelling) the performance of a specific act to prevent irreparable damage or injury.
• Intrastate commerce: means any and all commerce within the state and subject to the jurisdiction of the state, and includes the operation of any business or service establishment. See Tennessee Code 53-1-102
• 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.
• Label: means a display of written, printed, or graphic matters upon the immediate container of any article, and a requirement made by or under authority of this chapter, that any word, statement, or other information appearing on the label shall not be considered to be complied with unless the word, statement or other information also appears on the outside container. See Tennessee Code 53-1-102
• Labeling: means all labels and other written, printed or graphic matter:
  (A) Upon any article or any of its containers or wrappers. See Tennessee Code 53-1-102
• Official compendium: means the official United States Pharmacopoeia, Official Homeopathic Pharmacopoeia of the United States, Official National Formulary, or any supplement to any of them. See Tennessee Code 53-1-102
• Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
• Person: includes an individual, partnership, corporation and association. See Tennessee Code 53-1-102
• Pesticide chemical: means :
  (A) Any substance or mixture of substances, including disinfectants, intended for preventing, destroying, repelling or mitigating any insects, rodents, nematodes, fungi, bacteria, weeds or other forms of plant or animal life or viruses, except viruses on or in living humans or other animals, that the commissioner declares to be a pest. See Tennessee Code 53-1-102
• Probable cause: A reasonable ground for belief that the offender violated a specific law.
• Produce: means to prepare a food item by cooking, baking, drying, mixing, cutting, fermenting, preserving, dehydrating, growing, raising, or other process. See Tennessee Code 53-1-102
• Producer: means a person who produces a homemade food item. See Tennessee Code 53-1-102
• Property: includes both personal and real property. See Tennessee Code 1-3-105
• Raw agricultural commodity: means any food in its raw or natural state, including all fruits that are washed, colored or otherwise treated in their unpeeled natural form prior to marketing. See Tennessee Code 53-1-102
• 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
• Road: includes public bridges and may be held equivalent to the words "county way" "county road" or "state road". See Tennessee Code 1-3-105
• Salvageable merchandise: means any food, drug, cosmetic, device or other item listed in this chapter or any regulations promulgated under this chapter that can be reconditioned, labeled, relabeled, repackaged, recoopered, sorted, cleaned, culled or by any other means be salvaged to meet the requirements of this chapter or those regulations. See Tennessee Code 53-1-102
• Seller: means a person who sells a homemade food item to a consumer. See Tennessee Code 53-1-102
• 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
• Standards: means the standards for the growing, harvesting, packing, and holding of produce for human consumption ( 21 C. See Tennessee Code 53-1-301
• State: means the state of Tennessee and its political subdivisions. See Tennessee Code 53-1-102
• United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
• written: includes printing, typewriting, engraving, lithography, and any other mode of representing words and letters. See Tennessee Code 1-3-105
• Year: means a calendar year, unless otherwise expressed. See Tennessee Code 1-3-105