TCA § 53-3-104 — Authority and powers of the commissioner — Special provisions for trade products — Rules and regulations
AI-assisted research summary: The commissioner can define dairy and trade products, inspect covered facilities, make and manage rules, and enter certain plants during business hours. Proposed rules must be mailed, heard, reviewed, filed, and later distributed; unpasteurized butter is generally not regulated here if specific conditions are met, but it must carry a warning label.
The commissioner has the authority to define all varieties and types of dairy products and trade products. The commissioner is further empowered to inspect and establish rules and regulations governing the production, storing, transportation, handling, processing, packaging and labeling of any and all dairy products and trade products. The product name for any trade product shall include the word “imitation” followed immediately by the name of the dairy product in semblance of which the trade product is made; further, the word “imitation” shall be in print of the same size as the name of the dairy product it precedes. The commissioner is further authorized to delegate the commissioner's authority under subsection (a) to any individual the commissioner deems qualified to assist the commissioner in the administration of this chapter. In the performance of the commissioner's official duties, the commissioner is authorized and empowered to enter during business hours all creameries, cheese factories, milk depots, milk plants, ice cream factories, milk condensaries, and similar plants processing or manufacturing trade products for the purpose of executing this chapter. The rules and regulations promulgated by the commissioner under the authority of this chapter shall comply with the following requirements: A copy of the proposed rules and regulations shall be mailed to every licensed processor and manufacturer of dairy products or trade products and all milk producer cooperatives operating within the state; The notice shall specify a time, no sooner than fifteen (15) days after the date of the notice, and the place for a hearing and shall allow for written objections to be filed five (5) days prior to the hearing; After the hearing, based on the evidence, any proposed rules and regulations shall be submitted by the commissioner to the attorney general and reporter for approval as to form and legality; Once the rules and regulations have been officially adopted and filed with the secretary of state, they shall become enforceable thirty (30) days after adoption and filing, and a copy of the official rules and regulations shall be mailed to all licensed processors and manufacturers of dairy products or trade products, and all milk producer cooperatives operating in the state. Also, copies shall be mailed to all registrants and licensed distributors of dairy products or trade products in the state; Proposals to promulgate rules and regulations may be made by the commissioner or by any other interested person. If any interested person other than the commissioner proposes rules and regulations, the person shall file an application in writing with the commissioner, giving the person's proposed rules and regulations, together with a brief statement of the reasons and needs for promulgating the rules and regulations. The commissioner may institute a hearing, as provided in this chapter, when the commissioner deems, after investigation and consideration of the proposal submitted by another interested person, that the proposal seems reasonable and justified or notify the person that the person's application has been denied and the grounds for the denial; and Any revision, amendment or termination of existing rules and regulations shall follow the same procedure as set forth in this section. Notwithstanding any rule promulgated under subsection (a) and except as provided in subdivision (e)(2), the department shall not regulate the production of unpasteurized butter provided that it is produced: In a facility separate from production of pasteurized products; Solely for intrastate commerce; and By a person licensed by the department as a dairy plant. Any unpasteurized butter sold pursuant to this subsection (e) must bear the following warning on the principal display panel or panels of the label: WARNING: This product has not been inspected by the Department of Agriculture. Raw (unpasteurized) butter may contain disease-causing micro-organisms. Persons at highest risk of disease from these organisms include newborns and infants; the elderly; pregnant women; those taking corticosteroids, antibiotics, or antacids; and those having chronic illnesses or other conditions that weaken their immunity.