Rules & Regulations of the State of Tennessee
Title 0080 - Department of Agriculture
Subtitle 0080-06 - Plant Certification
Chapter 0080-06-01 - Plant Sales and Distribution
Section 0080-06-01-.06 - REQUIREMENTS OF LICENSEES
Universal Citation: TN Comp Rules and Regs 0080-06-01-.06
Current through September 24, 2024
(1) Persons subject to this chapter shall:
(a) Maintain their
establishment and operation in a manner necessary to show that plants in their
possession are apparently free of pests, pest plants, and disease;
(b) Maintain records and invoices of any
plant sold, offered for sale, distributed, or held for distribution in the
state within the previous three years. Such records must be sufficient to show
that the plant was received from a certified source and compliant with any
applicable quarantine;
(c) Maintain
areas where plants are being grown or kept so as to be readily accessible for
inspection;
(d) Provide lighting
necessary for adequate inspection of all plants and areas where plants may be
grown or held;
(e) Provide full
access to facilities, inventory, records, and invoices necessary to
departmental inspection;
(f) Comply
with any order issued by the department for the prevention or mitigation of
pests, pest plants, or disease; and,
(g) Give full information as to the source of
plants currently or previously held in their possession.
(2) Persons subject to this chapter shall not:
(a) Engage in business or activity for
which a license is required under this chapter without first securing the
applicable license from the department;
(b) Sell, offer for sale, or move any plant
in violation of the Act or this chapter;
(c) Sell, offer for sale, or move any plant
previously received without a valid license or certificate affirming the plant
to be apparently free of pests, pest plants, and disease;
(d) Move or allow movement of any plant, live
organism, regulated article, or other material determined by the department to
be capable of harboring pests, pest plants, or disease without first receiving
a valid license, certificate, or other written authorization from the
department for movement of the item;
(e) Interfere with an authorized
representative of the department in the performance of his duties;
(f) Violate any federal or state quarantine
of plants, regulated articles, or other material;
(g) Violate a compliance agreement to which
the department is a party; or,
(h)
Sell, offer for sale, move, or allow movement of any apparently infested
material.
Authority: T.C.A. §§ 4-3-203, 43-6-104, and 43-6-106.
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