53-3-107 - Registration, labeling and advertising of products.
53-3-107. Registration, labeling and advertising of products.
(a) (1) All dairy products or trade products sold in consumer packages in the state of Tennessee shall first be registered with the commissioner. All manufacturers, processors, handlers or distributors shall pay a sixteen-dollar ($16.00) annual registration fee on each package. Registrants may register annually any number of packages after payment of an aggregate annual fee of three hundred twenty dollars ($320).
(2) All manufacturers, processors, handlers or distributors shall furnish the commissioner with a label of each product desired to be registered. If the commissioner finds the product and submitted material to comply with the state dairy laws and regulations, the commissioner shall issue to the applicant a certificate of registration. It is the intent of this section to require only one (1) registration for each product container or label. All certificates of registration shall expire on July 1 following their issuance, and shall not be transferable.
(b) (1) Any person engaged in the manufacturing, processing, handling or distribution of a dairy or trade product shall separately obtain the approval of each product container and label by the commissioner as provided in this section.
(2) Each application for a product container labeling approval shall be in the form the commissioner prescribes. The application shall include the ingredients of the product and the proposed label or labels of the product. The commissioner shall approve the application if the commissioner determines that the product will comply or has complied with this chapter, and the regulations promulgated under the powers delegated to the commissioner by this chapter.
(3) No dairy product or trade product shall be sold unless it has an active container labeling approval on file with the commissioner.
(c) No dairy product, wherever packaged, shall be sold or distributed in this state except in containers with labels that comply with federal regulations applicable to dairy products.
[Acts 1970, ch. 577, § 2; T.C.A., § 52-307; Acts 1997, ch. 75, §§ 2, 3; 2002, ch. 640, § 29.]