(a) At times the commissioner deems proper, the commissioner shall cause to be inspected all places where dairy products or trade products are made, stored or served as food for pay, and all places where cows are kept by persons engaged in the sale of milk or cream, and shall require the correction of all unsanitary conditions and practices found in those places.
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Terms Used In Tennessee Code 53-3-112

  • 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
  • Commissioner: means the commissioner of agriculture or the person authorized to enforce this chapter. See Tennessee Code 53-3-103
  • 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.
  • Dairy products: means pure, clean and wholesome milk, cream, pure milk fat, butter, buttermilk, cheese, ice cream, ice cream mix, ice milk, ice milk mix, ice or ice sherbet, evaporated milk, skimmed milk, condensed milk, sweetened condensed milk, condensed skimmed milk, sweetened condensed skimmed milk, dried milk, dried skimmed milk, any derivatives of milk or combination of products made from milk. See Tennessee Code 53-3-103
  • Department: means the Tennessee department of agriculture. See Tennessee Code 53-3-103
  • Person: includes an individual, firm, corporation, company or association. See Tennessee Code 53-3-103
  • 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
  • Trade products: means any products made in semblance of dairy products that may be used as a substitute for dairy products. See Tennessee Code 53-3-103
  • Trade products plants: means all places where trade products are packaged, processed or manufactured. See Tennessee Code 53-3-103
  • United States: includes the District of Columbia and the several territories of the United States. See Tennessee Code 1-3-105
(b)

(1) The governing authority of any municipal corporation, by ordinance, and any board of health, by regulation, may provide for the inspection of dairy products or trade products sold within its limits, dairy products or trade products plants and dairies and dairy herds kept for the production of milk or cream, and may prescribe the methods by which dairy products or trade products shall be handled, and may fix penalties for violation of ordinances and regulations; but no ordinance shall conflict in any way whatsoever with any law of this state, or any regulation promulgated by the commissioner, or interfere with any power or duty of the commissioner.
(2) It is unlawful for any political subdivision, agency or department of any political subdivision in this state to impose, collect or accept an inspection fee upon or from any person or firm in the state by reason of the fact the person or firm is a producer, transporter or a processor of dairy products.
(3)

(A) Any Grade A milk, milk products or dairy products produced in a political subdivision of the state shall be accepted without further inspection in all other political subdivisions of the state or their police jurisdictions, if the products are produced or pasteurized under regulations that are substantially equivalent to the latest United States public health service recommended Grade A pasteurized milk ordinance, and that have been awarded an acceptable milk sanitation rating made by a state department of agriculture laboratory certifying officer and milk sanitation rating officer certified by the United States public health service, and acceptable to the commissioner.
(B) All ungraded milk, whether used for manufacturing purposes or otherwise, shall be accepted in any political subdivision of this state without further inspection if produced in accordance with the regulations promulgated by the commissioner, setting out minimum standards for operation of manufactured milk product plants.
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