Tennessee 2025-2026 Regular Session

Tennessee Senate Bill SB1265 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1
2	2	HOUSE BILL 1302
3	3	By Lamberth
4	4
5	5	SENATE BILL 1265
6	6	By Johnson
7	7
8	8
9	9	SB1265
10	10	003182
11	11	- 1 -
12	12
13	13	a*53-7,380/2023
14	14	AN ACT to amend Tennessee Code Annotated, Title 53,
15	15	Chapter 7 and Chapter 380 of the Public Acts of
16	16	2023, relative to the inspection of food derived
17	17	from animals.
18	18
19	19	BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
20	20	SECTION 1. Tennessee Code Annotated, Title 53, Chapter 7, Part 2, is amended by
21	21	deleting the part and substituting:
22	22	53-7-201. Short title.
23	23	This part is known and may be cited as the "Tennessee Meat Inspection Act."
24	24	53-7-202. Part definitions.
25	25	As used in this part:
26	26	(1) "Adulterated" has the same meaning as defined in 21 U.S.C. § 601;
27	27	(2) "Capable of use as human food" has the same meaning as defined in
28	28	21 U.S.C. § 601;
29	29	(3) "Carcass" means all parts of a slaughtered animal, including viscera
30	30	prior to their preparation as meat or meat food products that may be capable of
31	31	use as human food;
32	32	(4) "Commissioner" means the commissioner of agriculture or the
33	33	commissioner's designee;
34	34	(5) "Container" means any box, tin, cloth, receptacle, or other material in
35	35	which meat or meat food products are packed;
36	36	(6) "Custom operation":
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41	41	(A) Means a facility in this state operated under the authority of
42	42	this part to slaughter, dress, or prepare another's animal for that person's
43	43	use or consumption within the household or among nonpaying guests or
44	44	employees; and
45	45	(B) Includes application as to slaughter or processing of livestock
46	46	or game animals;
47	47	(7) "Establishment" means a facility in this state operated under the
48	48	authority of this part to slaughter livestock or prepare livestock carcasses for
49	49	meat or meat food products for use in intrastate commerce;
50	50	(8) "Federal Meat Inspection Act" means 21 U.S.C. § 601 et seq., its
51	51	subsequent amendments, and associated regulations;
52	52	(9) "Immediate container" means the container in which meat or meat
53	53	food products are packed as individual units;
54	54	(10) "Intrastate commerce" means commerce within this state;
55	55	(11) "Label" has the same meaning as defined in 21 U.S.C. § 601;
56	56	(12) "Labeling" has the same meaning as defined in 21 U.S.C. § 601;
57	57	(13) "Livestock":
58	58	(A) Means cattle, sheep, swine, or goats; and
59	59	(B) Does not include feral animals or animals slaughtered for
60	60	sport or recreational purposes;
61	61	(14) "Meat":
62	62	(A) Means muscle or part of any muscle of an animal;
63	63	(B) Is either skeletal or is found in the tongue, diaphragm, heart,
64	64	or esophagus, and exists with or without the accompanying fat and
65	65	portions of bone, skin, sinew, nerve, and blood vessels that normally
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70	70	accompany muscle tissue and that are not separated from it in the
71	71	process of dressing; and
72	72	(C) Does not include muscle found in the lips, snout, or ears;
73	73	(15) "Meat food product" means any product capable of use as human
74	74	food that is made wholly or in part from any meat or other portion of the carcass
75	75	of an animal, excepting products:
76	76	(A) That contain meat only in de minimis proportion or that are not
77	77	reasonably understood by consumers to contain meat; and
78	78	(B) That are exempted from the definition of a meat food product
79	79	by the commissioner under such conditions as the commissioner may
80	80	prescribe to assure that the meat or other portions of such carcasses
81	81	contained in such product are not adulterated and that such products are
82	82	not represented as meat food products;
83	83	(16) "Misbranded" has the same meaning as defined in 21 U.S.C. § 601;
84	84	(17) "Person" means any individual, partnership, firm, corporation,
85	85	association, or another form of business entity;
86	86	(18) "Prepared" means slaughtered, canned, salted, rendered, boned,
87	87	cut up, packed, packaged, or otherwise manufactured or processed; and
88	88	(19) "USDA" means the United States department of agriculture.
89	89	53-7-203. Purpose – Scope.
90	90	(a) The purpose of this part is to create a federally recognized state meat
91	91	inspection program to increase production capacity in this state for unadulterated and
92	92	properly branded meat and meat food products.
93	93	(b) This part applies to:
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98	98	(1) A person operating an establishment in this state where livestock are
99	99	slaughtered or prepared for use in intrastate commerce;
100	100	(2) A person in this state dealing in intrastate commerce relative to
101	101	livestock carcasses, meat, or meat food products of livestock; and
102	102	(3) A custom operation in this state.
103	103	(c) This part does not apply to:
104	104	(1) Slaughter, processing, or transporting of carcasses, meat, or meat
105	105	food products from a person's own animals for use or consumption by the person
106	106	or the person's household or nonpaying guests and employees;
107	107	(2) Preparation and sale of carcasses, meat, and meat food products
108	108	incident to retail food store or restaurant operations; provided, the meat and meat
109	109	food products were previously inspected and approved under either this part or
110	110	the federal Meat Inspection Act;
111	111	(3) Third-party carrier services for the transportation of carcasses, meat,
112	112	and meat food products previously inspected and approved under either this part
113	113	or the federal Meat Inspection Act; or
114	114	(4) An establishment operating solely under a federal grant of inspection
115	115	from the United States department of agriculture, food safety inspection service.
116	116	(d) State jurisdiction within the scope of this part is exclusive to the department
117	117	of agriculture. A political subdivision of the state shall not regulate or inspect the
118	118	slaughtering of any livestock or the processing or transportation of the carcasses, meat,
119	119	or meat food products of livestock. This subsection (d) does not preclude or restrict
120	120	political subdivisions of the state from exercising police powers, including zoning and
121	121	code enforcement, at any establishment or custom operation licensed under this part or
122	122
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126	126	from entering collaborative agreements with the department of agriculture for
127	127	performance of inspection duties and enforcement under this part.
128	128	(e) Compliance with this part does not relieve any person from compliance with
129	129	the Tennessee Food, Drug and Cosmetic Act, compiled in chapter 1 of this title, and the
130	130	Testing and Sealing – Use of Weights and Measures Act, compiled in title 47, chapter
131	131	26, part 9.
132	132	53-7-204. Adoption of federal law.
133	133	(a) For purposes of implementing a federally recognized state meat inspection
134	134	program, the state adopts the following provisions of federal law:
135	135	(1) 7 U.S.C. § 1902, relative to humane slaughter and humane handling
136	136	in connection with livestock;
137	137	(2) 7 U.S.C. § 1906, relative to ritual slaughter of livestock;
138	138	(3) 7 U.S.C. § 1907, relative to the humane treatment of nonambulatory
139	139	livestock;
140	140	(4) 21 U.S.C. § 603, relative to antemortem inspection, quarantine,
141	141	segregation, and humane slaughter of livestock;
142	142	(5) 21 U.S.C. § 604, relative to postmortem inspection, labeling,
143	143	destruction, and reinspection of livestock carcasses;
144	144	(6) 21 U.S.C. § 605, relative to the inspection of carcasses, meat, or
145	145	meat food products of livestock brought into establishments;
146	146	(7) 21 U.S.C. § 606, relative to inspection and labeling of meat food
147	147	products of livestock;
148	148	(8) 21 U.S.C. § 607, relative to labeling, marking, and container
149	149	requirements for carcasses, meat, and meat food products of livestock; provided,
150	150	that the commissioner may withhold any false or misleading mark, label, or
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155	155	container unless the marking, labeling, or container is modified in such manner
156	156	as the commissioner may prescribe so that it will not be false or misleading;
157	157	(9) 21 U.S.C. § 608, relative to sanitary conditions;
158	158	(10) 21 U.S.C. § 610, relative to prohibited acts;
159	159	(11) 21 U.S.C. § 611, relative to devices, marks, labels, and certificates;
160	160	(12) 21 U.S.C. § 612, relative to notifying the commissioner of
161	161	adulterated or misbranded meat or meat food products of livestock;
162	162	(13) 21 U.S.C. § 613, relative to recall procedures and process control
163	163	plans;
164	164	(14) 21 U.S.C. § 619, relative to identification of livestock and separation
165	165	of slaughtering and preparation activities;
166	166	(15) 21 U.S.C. § 621, relative to appointment and duties of inspectors;
167	167	(16) 21 U.S.C. § 623, relative to personal slaughter and custom
168	168	slaughtering;
169	169	(17) 21 U.S.C. § 641, relative to products not intended for use as human
170	170	food and denaturation;
171	171	(18) 21 U.S.C. § 642, relative to recordkeeping requirements;
172	172	(19) 21 U.S.C. § 643, relative to registration of businesses dealing in
173	173	carcasses, meat, or meat food products of livestock in intrastate commerce; and
174	174	(20) 21 U.S.C. § 644, relative to transportation of or transactions
175	175	involving dead, dying, disabled, or diseased animals.
176	176	(b) For application to a state meat inspection program, the federal laws adopted
177	177	under subsection (a) must be construed as follows, unless otherwise appropriate
178	178	according to context:
179	179	(1) References to secretary refer to the commissioner;
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184	184	(2) References to amenable species, lists of species, and species
185	185	designated by regulations of the secretary refer to livestock and any additional
186	186	species of animal that the commissioner defines as an amenable species by rule;
187	187	(3) References to commerce refer to intrastate commerce;
188	188	(4) References to the United States or any state, territory, or the District
189	189	of Columbia refer to this state;
190	190	(5) Whenever an official mark, form, certificate, or seal is designated or
191	191	required, the mark, form, certificate, or seal established by the commissioner
192	192	must be substituted; and
193	193	(6) Except as provided in subdivisions (b)(1)-(5), for terms that are not
194	194	otherwise defined in § 53-7-202, the state adopts the definitions in 21 U.S.C. §
195	195	601.
196	196	53-7-205. License requirements – Fees.
197	197	(a) A person operating an establishment or custom operation must first obtain a
198	198	license from the commissioner. All licenses provided for in this part expire annually.
199	199	(b) In order to obtain and maintain a license under this part, a person must:
200	200	(1) Submit, on forms provided by the department of agriculture,
201	201	information prescribed by rule as necessary for the efficient enforcement of this
202	202	part;
203	203	(2) Pay to the department of agriculture annual license fees, prescribed
204	204	by rule under § 43-1-703;
205	205	(3) Consent to reasonable inspection of the person's facilities,
206	206	equipment, and inventory of carcasses, meat, and meat food products; and
207	207	(4) If operating an establishment, submit a criminal history background
208	208	check that includes fingerprint checks against state and federal criminal records
209	209
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213	213	maintained by the Tennessee bureau of investigation. A person is not eligible to
214	214	obtain or maintain a license under this part while any person responsibly
215	215	connected to the establishment, as contemplated under the federal Meat
216	216	Inspection Act, has been convicted of a felony or convicted of more than one (1)
217	217	of any other crime, either of which is based upon the acquiring, handling, or
218	218	distributing of adulterated, misbranded, or deceptively packaged food or upon
219	219	fraud in connection with food transactions.
220	220	(c) Prior to the approval of an application for licensure, the commissioner must
221	221	inspect the sanitary condition of the establishment or custom operation. If the
222	222	commissioner finds its condition conforms to the requirements of this part, the
223	223	department of agriculture may issue the license.
224	224	(d) Licenses issued under this part are for the location of the licensed
225	225	establishment or custom operation and are not transferable from person to person or
226	226	location to location.
227	227	53-7-206. Powers of commissioner.
228	228	(a) The commissioner is authorized to:
229	229	(1) Carry out or cause to be carried out all provisions of this part;
230	230	(2) Collect all fees established pursuant to this part and apply the fees to
231	231	the necessary and incidental costs of the administration of this part in
232	232	accordance with title 43, chapter 1, part 7;
233	233	(3)
234	234	(A) Promulgate rules, pursuant to the Uniform Administrative
235	235	Procedures Act, compiled in title 4, chapter 5, as necessary to effectuate
236	236	this part, including, but not limited to, rules that adopt required standards
237	237	under the federal Meat Inspection Act or that otherwise establish:
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242	242	(i) Fees for licensure, registration, and inspection services
243	243	of persons and facilities under this part;
244	244	(ii) Standards for the sale or transportation of dead, dying,
245	245	disabled, or diseased animals;
246	246	(iii) Standards for the sanitary operation of establishments
247	247	and custom operations;
248	248	(iv) Applicant information required for licensure under this
249	249	part;
250	250	(v) Registration requirements for persons engaged in
251	251	businesses set forth in Section 203 of the federal Meat Inspection
252	252	Act (21 U.S.C. § 643);
253	253	(vi) Inspection, humane handling, and sanitation
254	254	requirements for animals other than livestock which can or may be
255	255	used in and for the preparation of meat or meat food products;
256	256	and
257	257	(vii) Requirements for denaturing and identifying products
258	258	as not intended for use as human food; and
259	259	(B) Rules promulgated pursuant to this part must conform with
260	260	requirements of the federal Meat Inspection Act as necessary to gain
261	261	federal recognition and approval of a state-inspected meat program and
262	262	incorporate regulations compiled at 9 CFR, chapter 3, subchapters A and
263	263	E;
264	264	(4) Cooperate with the USDA in developing and administering the meat
265	265	inspection program of this state under this part to ensure that its requirements
266	266	are at least equal to those imposed by the federal Meat Inspection Act;
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271	271	(5) Accept from the USDA advisory assistance; technical and laboratory
272	272	assistance and training, including necessary curricular and instructional materials
273	273	and equipment; and financial and other aid for administration of the program;
274	274	(6) Spend state funds, subject to appropriation in the general
275	275	appropriations act, for administration of this part;
276	276	(7) Recommend to the USDA officials or employees for appointment to
277	277	the advisory committee provided for in 21 U.S.C. § 661;
278	278	(8) Cooperate with other state, county, or municipal agencies for
279	279	administration of this part, including entering into agreements with county or
280	280	municipal health departments to carry out duties and requirements of this part;
281	281	(9) Conduct all inspections as provided in this part and designate any
282	282	officer or employee of this state or any political subdivision of this state for such
283	283	purpose;
284	284	(10) Embargo articles found or suspected to be in violation of this part;
285	285	(11) Seek injunctions from any court of competent jurisdiction to restrain
286	286	persons from violating this part;
287	287	(12) Determine requirements for and issue licenses under this part;
288	288	(13) Deny, suspend, or revoke licenses and issue civil penalties for
289	289	violations of this part;
290	290	(14) Inspect and copy records of establishments and custom operations
291	291	for purposes of determining their compliance with this part;
292	292	(15) Hire or appoint qualified personnel sufficient to carry out the duties
293	293	required by this part; and
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298	298	(16) Serve as the governor's representative for consultation with the
299	299	USDA under the federal Meat Inspection Act unless the governor designates
300	300	another representative.
301	301	53-7-207. Inspections.
302	302	(a) Establishments and persons are ineligible for inspection services under this
303	303	part unless they have obtained a valid license from the commissioner.
304	304	(b) The commissioner may provide voluntary inspection for animals other than
305	305	livestock that can or may be used in and for the preparation of meat or meat food
306	306	products for distribution in intrastate commerce. The commissioner may refuse to
307	307	provide voluntary inspection services for good cause shown, including, but not limited to,
308	308	limitation of staff resources or inspector expertise. In all instances, the commissioner
309	309	shall give scheduling priority to inspection services that are mandated by the federal
310	310	Meat Inspection Act for processing of livestock in intrastate commerce.
311	311	(c) For the purpose of providing inspection required under this part,
312	312	establishments shall provide the department of agriculture, upon showing of proper
313	313	credentials, free access and opportunity to examine establishment facilities and
314	314	equipment, to review and copy records, and to take reasonable samples of inventory or
315	315	product as necessary to determine compliance with this part.
316	316	(d)
317	317	(1) The cost for inspection services is as follows:
318	318	(A) For livestock, the cost of inspection required under this part is
319	319	borne by the state; provided, that any extra cost of inspection from
320	320	overtime or holiday operation is borne by the establishment, as set by rule
321	321	under § 43-1-703; and
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326	326	(B) For voluntary inspection services, the cost of inspection
327	327	required under this part is borne by the establishment, as set by rule
328	328	under § 43-1-703.
329	329	(2) The costs for inspection services under subdivision (d)(1) do not
330	330	cover costs associated with devices and supplies used for marking and
331	331	stamping, containers, and labels, which are borne by the establishment, as set
332	332	by rule under § 43-1-703. However, all devices and supplies used for marking
333	333	inspection approvals upon food products are under the exclusive control of the
334	334	department of agriculture.
335	335	53-7-208. Custom operations.
336	336	(a) Custom operations are subject only to provisions of this part relating to
337	337	licensing, registration, humane slaughter, humane handling, sanitation, misbranding, and
338	338	adulteration.
339	339	(b) The commissioner may exempt from state meat inspection any animals or
340	340	their meat or meat food products that are processed for custom operations; provided,
341	341	that:
342	342	(1) The custom operations occur in a facility that is licensed under this
343	343	part;
344	344	(2) The facility separates at all times carcasses, meat, meat food
345	345	products, and their containers prepared on a custom basis from inspected
346	346	carcasses, meat, or meat food products, and their containers prepared for sale;
347	347	(3) The facility plainly marks all articles and their containers prepared on
348	348	a custom basis as "Not for Sale". The mark must be made immediately after
349	349	being packaged and the article kept so identified until delivered to the owner; and
350	350	(4) The facility is maintained and operated in a sanitary manner.
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355	355	(c) Notwithstanding subsection (a), custom operations shall provide the
356	356	department of agriculture, upon showing of proper credentials, free access and
357	357	opportunity to examine custom operation facilities and equipment, to review and copy
358	358	records, and to take reasonable samples of inventory or product as necessary to
359	359	determine whether the custom operation qualifies for exemption from regular inspections
360	360	and is otherwise in compliance with this part.
361	361	53-7-209. Prohibited acts.
362	362	(a) It is a violation of this part for a person to:
363	363	(1) Engage in an act prohibited under the federal Meat Inspection Act;
364	364	(2) Slaughter livestock or process meat or meat food products in violation
365	365	of this part;
366	366	(3) Slaughter livestock in intrastate commerce, process meat or meat
367	367	food products in intrastate commerce, or conduct a custom operation without a
368	368	license required under this part;
369	369	(4) Generate products from a custom operation unless individually
370	370	labeled "Not for Sale";
371	371	(5) Sell, offer for sale, distribute, or transport in commerce products
372	372	generated from a custom operation;
373	373	(6) Fail to denature or otherwise identify as required by rules any meat or
374	374	meat food product that has been inspected and found to be adulterated;
375	375	(7)
376	376	(A) Interfere with the commissioner in the performance of official
377	377	duties, including inspection of licensed establishments; and
378	378	(B) As used in this subdivision (a)(7), "interfere" includes, but is
379	379	not limited to, forcible assault or resistance, physical impediment,
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384	384	intimidation, or other conduct designed to interrupt performance of
385	385	departmental duties under this part;
386	386	(8) Remove, sell, or dispose of an embargoed article without permission
387	387	of the commissioner or a court; or
388	388	(9) Remove a tag or other marking affixed to an article giving notice that
389	389	the article is embargoed.
390	390	(b) A violation of this part is punishable as a Class C misdemeanor. This section
391	391	does not require the department of agriculture to report violations of this part for criminal
392	392	prosecution if the department of agriculture believes that the public interest will be
393	393	adequately served and compliance with this part is obtained by a suitable written notice
394	394	of warning or application of civil penalty.
395	395	53-7-210. Violations – Suspension and revocation.
396	396	(a) The commissioner may deny, suspend, or revoke a license issued pursuant
397	397	to this part if the commissioner finds, after notice and opportunity for a hearing, that the
398	398	applicant or licensee has violated this part.
399	399	(b) Inspection services under this part must not be conducted at any
400	400	establishment where the commissioner has denied, suspended, or revoked a license.
401	401	(c) Upon demonstration that the conditions that led to denial, suspension, or
402	402	revocation of a license have been cured, persons may submit a new application for a
403	403	license.
404	404	53-7-211. Embargo and condemnation.
405	405	(a) Whenever the commissioner has probable cause to believe that a carcass,
406	406	meat, or meat food product is adulterated, misbranded, or otherwise in violation of this
407	407	part or that any mark, label, or container is false or misleading, the commissioner may
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412	412	mark the article as embargoed and conduct enforcement resolution procedures
413	413	consistent with § 53-1-201.
414	414	(b) In lieu of condemnation or destruction, articles that may comply with this part
415	415	upon further reprocessing or relabeling may be ordered held, in the discretion of the
416	416	commissioner, until such time as the articles are reprocessed or relabeled and found
417	417	upon reinspection to comply with this part.
418	418	53-7-212. Hearings and appeals.
419	419	A hearing or appeal held pursuant to this part must be conducted substantially in
420	420	accordance with the contested case provisions of the Uniform Administrative Procedures
421	421	Act, compiled in title 4, chapter 5, part 3.
422	422	SECTION 2. Tennessee Code Annotated, Title 53, Chapter 7, is amended by addition
423	423	of the following as a new part:
424	424	53-7-401. Part definitions.
425	425	As used in this part:
426	426	(1) "Federal Poultry Products Act" means the act compiled at 21 U.S.C. §
427	427	451 et seq. and its subsequent amendments; and
428	428	(2) "USDA" means the United States department of agriculture.
429	429	53-7-402. Poultry.
430	430	Nothing in this chapter applies to any action subject to regulation under the
431	431	Federal Poultry Products Act, which remains under the sole jurisdiction of the USDA,
432	432	food safety inspection service; provided, that state inspectors are not excluded from
433	433	making routine inspections and from taking samples at federally inspected plants when
434	434	cooperating with federal authorities for purposes of enforcing federal regulation.
435	435
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439	439	SECTION 3. The headings in this act are for reference purposes only and do not
440	440	constitute a part of the law enacted by this act. However, the Tennessee Code Commission is
441	441	requested to include the headings in any compilation or publication containing this act.
442	442	SECTION 4.
443	443	(a) For purposes of promulgating rules, hiring of personnel, and taking other
444	444	administrative actions necessary to implement this act, this act takes effect upon
445	445	becoming a law, the public welfare requiring it.
446	446	(b) For all other purposes, this act takes effect immediately upon thirty (30) days
447	447	following the commissioner of agriculture's receipt from the United States department of
448	448	agriculture, food safety and inspection service, that the requirements of the federal Meat
449	449	Inspection Act (21 U.S.C. § 601 et seq.) necessary to a cooperative agreement for a
450	450	state meat inspection program have been met.
451	451	(c) The commissioner of agriculture or the commissioner's designee shall notify
452	452	the executive secretary of the Tennessee code commission upon receipt from the
453	453	federal food safety and inspection service (FSIS) that Tennessee has met the
454	454	requirements under the federal Meat Inspection Act (21 U.S.C. § 601 et seq.) to enter
455	455	into a cooperative agreement with FSIS for a state meat inspection program.