(a) If the commissioner finds that, because of the size of the package involved, or because of the minor hazard presented by the substance contained in the package, or for other good and sufficient reasons, full compliance with the labeling requirements otherwise applicable under this part is impracticable or is not necessary for the adequate protection of the public health and safety, the commissioner shall promulgate regulations exempting such substances from these requirements to the extent the commissioner determines to be consistent with adequate protection of the public health and safety.
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Terms Used In Tennessee Code 68-131-305

  • 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 68-131-303
  • Commissioner: means the commissioner of agriculture or the commissioner's legally authorized representative or agent. See Tennessee Code 68-131-303
  • Department: means the department of agriculture. See Tennessee Code 68-131-303
  • 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 68-131-303
  • Minor: means any person who has not attained eighteen (18) years of age. See Tennessee Code 1-3-105
  • Toxic: includes any substance that, when ingested, inhaled or absorbed through the skin, has the capacity to produce personal injury or illness. See Tennessee Code 68-131-303
(b) If the commissioner finds the hazard of an article subject to this part is such that labeling adequate to protect the public health and safety cannot be devised, the commissioner may declare such article to be a banned toxic substance and require its removal from commerce.
(c) If an art or craft material complies with labeling standards D-4236 of the American Society for Testing and Materials (ASTM), the material complies with this part, unless the department determines that the label on an art or craft material does not satisfy the purposes of this part.
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