68-131-303 - Part definitions.
68-131-303. Part definitions.
As used in this part, unless the context otherwise requires:
(1) Art supplies includes:
(A) Any raw or processed material or manufactured product marketed or being represented by the manufacturer, repackager or retailer as being suitable for use in any phase of the creation of any work of visual or graphic art of any medium. These media may include, but shall not be limited to, paintings, drawings, prints, sculpture, ceramics, enamels, jewelry, stained glass, plastic sculpture, photographs, leather, and textile goods;
(B) The term art supplies does not apply to economic poisons subject to the federal Insecticide, Fungicide, and Rodenticide Act, compiled in 7 U.S.C. §§ 135-135 R, or the Tennessee Insecticide, Fungicide, and Rodenticide Act, compiled in title 43, chapter 8, or to foods, drugs, and cosmetics subject to the Tennessee Food, Drug and Cosmetic Act, compiled in title 53, chapter 1;
(2) 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;
(3) Commissioner means the commissioner of agriculture or the commissioner's legally authorized representative or agent;
(4) Department means the department of agriculture;
(5) Human carcinogen means any substance listed as a human carcinogen by the International Agency for Research on Cancer;
(6) 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; and
(B) On all accompanying literature where there are directions for use, written and otherwise; and
(7) Toxic includes any substance that, when ingested, inhaled or absorbed through the skin, has the capacity to produce personal injury or illness.
[Acts 1985, ch. 347, § 3; T.C.A., § 68-27-303.]