Rules & Regulations of the State of Tennessee Title 0080 - Department of Agriculture
Tennessee Rules & Regulations – Title 0080 (Department of Agriculture)
1. Overview
Title 0080 contains the administrative rules issued by the Tennessee Department of Agriculture (TDA). These rules implement state laws related to:
Agriculture
Food safety
Animal health
Plant certification
Markets and commerce
Pesticides and chemicals
Hemp production
The rules have the force of law once adopted under the Tennessee Uniform Administrative Procedures Act (TUAPA). They are enforceable against individuals, businesses, and organizations engaged in regulated activities.
2. Structure of Title 0080
The rules are organized into chapters based on subject matter:
0080‑01 — Administration
Covers general administrative procedures, public records, civil penalties, and procedural requirements for Department actions.
0080‑02 — Division of Animal Health
Rules on disease prevention, livestock identification, import/export requirements, and animal transportation.
0080‑03 — Dairy
Regulates milk and dairy products, including sanitation, testing, inspection, and licensing of dairy facilities.
0080‑04 — Food and Drug
Covers retail food stores, food safety, sanitation standards, and handling of food and beverages.
0080‑05 — Markets
Rules on commercial feed, commodity markets, and agricultural product standards.
0080‑06 — Plant Certification
Sets requirements for plant sales, distribution, pest control, and plant certification programs.
0080‑07 — Forestry
Governs forestry product management and certification.
0080‑08 — Weights and Measures
Regulates commercial weighing and measuring devices to ensure fair trade and accuracy.
0080‑09 — Pesticides
Covers licensing, registration, labeling, and application of pesticides.
0080‑10 — Hemp
Rules on hemp production, licensing, testing, sale, and compliance with state hemp laws.
3. How the Rules Function
Authority: Rules derive their authority from statutes enacted by the Tennessee General Assembly.
Enforceability: Once adopted, violations can result in fines, civil penalties, license suspension, or other enforcement actions.
Procedures: Adoption must follow TUAPA’s notice-and-comment process unless an emergency rule is justified. Emergency rules are temporary and must meet statutory criteria.
Limitations: TDA cannot exceed statutory authority; rules beyond statutory power may be declared invalid by a court.
4. Enforcement and Penalties
Civil Penalties: Can reach up to $500 per violation, depending on the rule.
License Suspension: Non-compliance may result in temporary or permanent suspension of licenses for food production, dairy, animal sales, or plant certification.
Administrative Hearings: Individuals or businesses may request hearings to contest enforcement actions before the Department or administrative judges.
5. Relevant Case Law and Legal Principles
While administrative rules are rarely directly litigated in every case, several principles and examples are important:
A. Emergency Rule Challenges (Hemp Example)
Tennessee courts have temporarily blocked enforcement of hemp-related emergency rules when the Department failed to follow proper rulemaking procedures.
Courts can declare rules invalid if they exceed statutory authority or do not meet emergency criteria.
B. Statutory Authority Limits Rules
Agencies cannot issue rules beyond what the legislature allows.
For example, TDA cannot charge fees or impose requirements that the law expressly exempts, even if the rule text tries to do so.
C. Administrative Exhaustion
Tennessee law requires affected parties to exhaust administrative remedies before seeking judicial review of rules.
Failure to do so can result in dismissal of a lawsuit challenging the rule’s validity.
D. Examples from Case Law
Hemp Grower Litigation: Courts have blocked enforcement of hemp rules until proper notice-and-comment procedures were completed, reinforcing the requirement for TUAPA compliance.
Animal Health Rules: Rules regulating livestock disease control have been upheld as long as they remain within statutory authority.
Food Safety Enforcement: Retail food operators challenging sanitation fines must show the Department exceeded its statutory power or failed to follow procedural rules.
6. Key Legal Principles
TUAPA Compliance: Proper notice, comment, and adoption procedures are mandatory.
Statutory Authority: Rules cannot exceed what the General Assembly authorizes.
Emergency Rules: Must meet strict criteria and are limited in duration.
Judicial Review: Courts can invalidate improperly adopted or ultra vires rules, but administrative remedies must be exhausted first.
7. Practical Summary for Regulated Parties
Know Your Chapter: Each chapter applies to specific activities (animal health, dairy, food safety, hemp, etc.).
Follow Rules Closely: Violations may lead to fines, license suspension, or enforcement actions.
Procedural Compliance Matters: If you challenge a rule, you must usually follow agency procedures first.
Stay Updated: New rules (especially in areas like hemp or pesticides) can change frequently.
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