RULES OF THE TENNESSEE DEPARTMENT OF AGRICULTURE. Ellington Agricultural Center 440 Hogan Road Nashville, TN ADMINISTRATION

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1 RULES OF THE TENNESSEE DEPARTMENT OF AGRICULTURE Ellington Agricultural Center 440 Hogan Road Nashville, TN ADMINISTRATION Chapters Title Rules and Regulations Concerning Aid to Agricultural Fairs Administrative Action Civil Penalties Payments Fees for Copies of Departmental Public Records ANIMAL HEALTH Health Requirements for Admission and Transportation of Livestock and Poultry Regulations Regarding Tennessee Poultry Hatchery and Baby Chick Inspection Service Rules and Regulations Governing Movement and Handling of Livestock at Fairs and Exhibits Removal or Identification From Cattle Brucellosis Testing and Quarantine Regulations Regulations for Slaughter Swine Animal Health Diagnostic Laboratory Fees Livestock Dealer Livestock Markets Regulations Concerning Horses and Other Equidae Regulations for Handling Positive Equine Infectious Anemia Horses and Other Equidae Regulations for Feeder Swine Swine Markets Regulations for Surveillance in Swine Dog and Cat Dealers Poultry General Requirements DAIRY DIVISION Regulations Governing Frozen Desserts Regulations Governing Fluid Milk and Fluid Milk Products Regulations Governing Raw Milk for Manufacturing Purposes and Manufactured Milk Product Plants Regulations Governing: Farm Bulk Milk Tank Trucks, Method of Determining Butterfat and Uniform Code System for Identification of Plants Repealed Repealed Tennessee Dairy Promotion Committee...Dairy Licensure FOOD October, 2018 (Revised) 1

2 Repealed Repealed Repealed Regulations on Sulfite Tolerances and Prohibited Chemicals Banned Hazardous Substances Liquid Drain Openers Containing Sulfuric Acid Repealed Repealed Antifreeze Regulations Retail Food Store Sanitation Repealed Repealed Standard of Identity Honey...Food Manufacturers and Warehouses...Meat and Poultry Processors DIVISION OF MARKETS Repealed Burley Tobacco Co-Mingling Regulations Regulations Licensing and Regulating the Sale of Baby Chicks Egg Rules and Regulations Commercial Feed Seed Rules and Regulations Pertaining to Anhydrous Ammonia Storage and Equipment Act Repealed Repealed Commercial Fertilizer Reserved Kerosene and Motor Fuels Quality Inspection Regulations Commodity Dealer Regulations Commodity Warehouse Regulations Agricultural Liming Materials PLANT CERTIFICATION Plant Sales and Distribution Repealed Sweet Potato Certification Regulations for Turfgrass Certification Repealed Sweet Potato Weevil Quarantine Boxwood Blight Quarantine Repealed Repealed Emerald Ash Borer Quarantine Thousand Cankers Disease Quarantine Brown Garden Snail Quarantine Repealed Repealed Repealed Repealed Malus/Pyrus Virus-Free Certification Repealed Imported Fire Ant Quarantine Common Pine Shoot Beetle (Exterior Quarantine) October, 2018 (Revised) 2

3 Repealed Boll Weevil Eradication Repealed Pest Plant Regulations Repealed Rules and Regulations Governing Quarantine of Sudden Oak Death (Phytophthora Ramorum) Repealed Industrial Hemp DIVISION OF FORESTRY Protection of State Forests Use of Lookout Towers for Communication Systems Forestry Best Management Practices Master Logger Requirements Open-Air Burning Permits Rules Governing Prescribed Burning WEIGHTS AND MEASURES Commodity Sales and Fees Certified Public Weighers Public Weighmasters Servicepersons and Serviceperson Agencies PESTICIDES Reserved Restricted Use Pesticides Commercial Aerial Application of Pesticides Pest Control Operators Worker Protection ADMINISTRATIVE HISTORY Repeal of and new chapter filed June 20, 1983; effective September 14, Amendments to rules , , and filed August 22, 1983; effective November 14, Amendment to rule filed September 21, 1983; effective December 14, Amendments to rules and filed August 8, 1984; effective September 7, Original chapter filed September 20, 1984; effective October 20, Amendments to rules , , , , and filed March 15, 1985; effective June 14, New chapter filed November 27, 1985; effective December 27, October, 2018 (Revised) 3

4 Original chapter filed June 4, 1986; effective July 4, Original chapter filed September 30, 1986; effective November 14, Amendments to rules , , and new chapter filed October 30, 1986; effective December 14, Original chapter and amendments to rules through filed November 10, 1986; effective December 25, Amendment to rule filed November 4, 1986; effective December 12, Amendment to rule filed September 29, 1986; effective December 29, Amendments to rules , , and filed November 18, 1986; effective February 28, New rule filed May 14, 1987; effective August 29, Amendments to rules , , and filed June 23, 1987; effective September 28, Amendment to rule filed October 30, 1987; effective December 14, New rule and amendment to rule filed October 26, 1988; effective December 10, New rule and amendments to rules , , , , , , , and filed January 5, 1989; effective February 19, Original rule filed October 6, 1989; effective November 20, Original chapter and amendments to rules , , and filed December 15, 1989; effective January 29, Original chapter filed October 6, 1989; effective January 29, Original chapter filed April 6, 1990; effective May 21, Original chapter filed July 3, 1991; effective August 17, Original chapters and filed July 10, 1991; effective August 24, Amendment to rules , , , and repeal of rule filed October 11, 1991; effective November 26, Amendment to rules through filed October 14, 1991; effective November 28, Original rule filed April 28, 1992; effective June 12, Original chapter filed October 20, 1992; effective January 28, Original chapter filed February 2, 1993; effective May 29, October, 2018 (Revised) 4

5 Amendment to rule and original rules through filed March 12, 1993; effective June 29, Amendment to rules and filed April 30, 1993; effective July 28, Amendments to rules and filed June 10, 1993; effective July 25, Repeal of rule filed January 26, 1994; effective April 12, Amendment to rule filed April 26, 1994; effective August 28, Original chapter filed May 27, 1994; effective September 28, Repeal of and new chapters and ; original chapter filed January 23, 1995; effective April 8, Original rules through filed January 23, 1995; effective May 31, Amendment to rule filed January 23, 1995; effective May 31, Amendment to rule filed August 22, 1995; effective December 30, Original chapter filed February 20, 1996; effective June 28, Repeal of rule chapter filed September 15, 1998; effective January 28, Amendment to rule filed September 15, 1998; effective January 28, Amendment to rule , , , through , , and through filed September 17, 1998; effective January 28, Amendment to rule filed September 23, 1998; effective January 28, Amendment to rule filed October 30, 1999; effective January 13, Amendment to rule filed November 30, 1998; effective March 30, Original rule filed May 6, 1999; effective September 28, Original Chapter filed May 19, 1999; effective September 28, Amendment to rules and filed May 27, 1999; effective September 28, Amendment to rules , , , and filed September 14, 1999; effective January 28, Amendment to rules through , repeal of rule and new rules through filed August 31, 2000; effective December 29, Original Chapter and Chapter have been assigned a new control number, removed, and renumbered from the amended Chapter filed December 6, 2000; effective April 30, October, 2018 (Revised) 5

6 Original Chapter filed May 23, 2001; effective August 6, Amendment to rules , , , , and filed May 16, 2001; effective September 28, Amendment to rule filed May 24, 2001; effective September 28, Amendment to rules and repeal of rules through filed September 13, 2001; effective January 28, Amendment to rules , , , , , , , and filed February 20, 2002; effective June 28, Amendment to rule and original rule filed February 28, 2002; effective June 28, Amendment to rule filed June 28, 2002; effective October 28, Amendment to rules , , and filed October 28, 2002; effective February 28, Original rules through filed April 28, 2003; effective July 12, Original rules through and amendment to rule filed April 28, 2003; effective August 28, Emergency rule filed July 25, 2005; effective through January 6, Amendments to rules through , , and filed June 22, 2005; effective October 28, Emergency rule filed July 25, 2005, expired on January 6, 2006; rule reverted to reserved status on January 7, Amendments to rules , , and filed November 16, 2005; effective March 30, Repeal and new chapter filed November 16, 2005; effective March 30, Original chapter filed November 9, 2005; effective March 30, Emergency rules , , , and filed April 27, 2006; effective through October 9, Emergency rules and filed August 30, 2006; effective through February 11, Emergency rules , , , and filed April 27, 2006; expired October 9, On October 10, 2006, rules reverted to status in effect October 28, Amendments to rules and filed August 30, 2006; effective December 29, Original chapter filed September 29, 2006; effective January 27, October, 2018 (Revised) 6

7 Amendment to rules ,.02,.03, and.08 filed February 6, 2007; effective June 28, Amendment to rule filed February 23, 2007; effective June 28, Amendment to rules and.02 filed February 23, 2007; effective June 28, Original Chapter filed February 23, 2007; effective June 28, Original rules , through.20, and amendment to rule filed April 27, 2007; effective August 28, Public necessity rule filed September 5, 2007; effective through February 17, Amendment to rules ,.02,.03,.04,.06,.07,.11,.12, and.13 filed June 28, 2007; effective September 11, Repeal and new rules ,.04,.05,.06, and.11 filed August 17, 2007; effective December 28, Amendments to rule filed November 30, 2007; effective February 13, Amendments to rules ,.02,.03,.06, and.07 filed June 27, 2008; effective October 28, Repeal of chapter filed September 17, 2008; effective January 28, Amendment to rule and original rule filed January 28, 2009; effective April 13, Emergency rules and.17 filed June 30, 2009; effective through December 12, Original rule filed March 17, 2009; effective July 29, Emergency rules , , , , and chapter filed September 2, 2009; effective through March 1, Emergency rules and.17 filed June 30, 2009 expired; on December 13, 2009, the rule reverted to its prior status. Amendment to rule and original rules and.08 filed July 24, 2009; effective December 29, Emergency rules , ,.02, , and chapter filed September 2, 2009 expired; the rules reverted to their previous status on March 2, Amendments to rules through.20 and original rule filed October 14, 2009; effective March 31, Amendments to rules through.06 filed January 4, 2010; effective July 1, Emergency rules through.10 filed August 6, 2010; effective through February 2, Emergency rules through.13 filed September 1, 2010; effective through February 28, October, 2018 (Revised) 7

8 Original rules ,.04, , and.02, and amendments to rules , through.04,.06, , and and.02 filed April 23, 2010; effective September 28, Amendments to rules ,.02,.04,.05,.06,.07,.08,.09,.10,.11,.12,.14, and.15 filed June 3, 2010; effective November 28, Repeal and new rules through.12 filed June 3, 2010; effective November 28, Original chapter filed June 9, 2010; effective November 28, Emergency rule filed August 6, 2010 expired effective February 2, 2011; on February 3, 2010 the rule reverted to its previous status. Original chapter filed September 29, 2010; effective February 28, Emergency rules through.13 filed September 1, 2010 expired effective February 28, 2011; on March 1, 2011 the rules reverted to its previous state. Emergency rules ,.18, and.19 filed April 20, 2011; effective through October 17, New chapter filed May 17, 2011; effective August 15, Amendment to rule filed June 2, 2011 to have been effective August 31, On August 10, 2011, the Tennessee Department of Agriculture filed a withdrawal of the amendment. Emergency rules ,.18, and.19 filed April 20, 2011 expired October 18, 2011; rules reverted to their previous status. Amendment to rule filed May 17, 2011; effective October 29, Amendment to rule (2)(a) filed July 12, 2011; to have been effective December 29, 2011; the Tennessee Department of Agriculture withdrew the amendment on August 10, New rules through.05 filed January 31, 2012; to have been effective June 30, The Department of Agriculture filed a withdrawal of the proposed rules on May 2, Original chapter filed May 3, 2013; effective October 29, Repeal of chapter filed May 31, 2013; effective October 29, Repeal of chapter filed May 31, 2013; effective October 29, Repeal of chapter filed May 31, 2013; effective October 29, Repeal of chapter filed May 31, 2013; effective October 29, Repeal of chapter filed May 31, 2013; effective October 29, Repeal of chapter filed May 31, 2013; effective October 29, Original rule , amendment to rule , and repeal and new rules ,.03,.04,.05, and.09 filed March 31, 2014; effective June 29, Original chapter filed March 31, 2014; effective June 29, October, 2018 (Revised) 8

9 Original chapter filed February 20, 2014; effective July 29, Repeal and new rules through.05, and repeal of rules and.07 filed June 19, 2014; effective November 28, Repeal and new rules through.06 and through.10 filed September 4, 2014; effective December 3, Original rules through.05 filed January 15, 2015; effective April 15, Original rules through.04 filed March 24, 2015; effective June 22, Repeal and new rules through.07 and new rule filed March 27, 2015; effective June 25, Amendment to rules and filed September 18, 2015; effective December 17, Repeal rules , , , , and , amendment to rule , and new rules and filed December 23, 2015; effective March 22, Repeal of rules , , and , and new rules , , , , , , , , and filed March 23, 2016; effective June 21, Amendments to rule , repeals of , , , and , and new rules , , and filed March 24, 2016; effective June 22, Amendments to rules , , , , , , , , , and ; repeal of rules , , , , , , , , , , and ; and repeal of chapters and filed March 24, 2016; effective June 22, New rules , , , and filed March 24, 2016; effective June 22, Repeal of chapters , , , and filed April 1, 2016; effective June 30, Original rules , through , through , through , and through filed April 1, 2016; effective June 30, New rules , , , , , , and and amendments to rules , , , , , , , , , , , and filed March 30, 2017; effective June 28, New rules and , amendments to rules , , , , , , , , , , , , , and , retitling of chapters , , and , and repeal of , , October, 2018 (Revised) 9

10 through , , and filed March 30, 2017; effective June 28, Emergency rule filed July 11, 2017; effective through October 1, Emergency rule expired effective October 2, Repeal of rules through filed October 17, 2017; effective January 15, New rules through , amendments to rules and , and repeal of rules and filed November 6, 2017; effective February 4, Emergency rule filed May 18, 2018; effective through June 2, Emergency rule expired effective June 3, 2018, and the rule reverted to its previous status. Original rule filed April 24, 2018; effective July 23, Amendments to rule and original rule filed April 25, 2018; effective July 24, Amendments to rule filed July 31, 2018; effective October 29, Amendments to rules and through and original rules through filed July 31, 2018; effective October 29, October, 2018 (Revised) 10

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