Tennessee § 43-1-701 - Establishment — Source of fund — Accounting — Interest — Investment — Expenditures.

§ 43-1-701. Establishment — Source of fund — Accounting — Interest — Investment — Expenditures.

There is established within the general fund a special agency account to be known as the Tennessee agricultural regulatory fund, referred to in this part as “the fund.” Notwithstanding any law to the contrary, there shall be deposited in the fund all moneys collected pursuant to the following: The Tennessee Plant Pest Act, compiled in chapter 6, part 1, of this title; The Tennessee Insecticide, Fungicide, and Rodenticide Act, compiled in chapter 8, parts 1 and 2 of this title; Chapter 8, part 3, of this title, relative to the aerial application of pesticides; The Tennessee Seed Law of 1986, compiled in chapter 10 of this title; The Tennessee Commercial Fertilizer Law of 1969, compiled in chapter 11, part 1 of this title; The Tennessee Agricultural Liming Materials Act, compiled in chapter 11, part 4 of this title; Section 43-27-104, relative to hemp; The Tennessee Commercial Feed Law of 1972, compiled in title 44, chapter 6; Title 44, chapter 7, relative to marks, brands, registration, and certification; The Tennessee Livestock Dealer Act, compiled in title 44, chapter 10, part 2; Title 44, chapter 11, relative to livestock sales; Title 44, chapter 16, relative to baby chicks; Title 47, chapter 26, relative to weights and measures; The Tennessee Food, Drug and Cosmetic Act, compiled in title 53, chapter 1; [Deleted by 2020 amendment.] The Dairy Law of the State of Tennessee, compiled in title 53, chapter 3; Title 53, chapter 7, relative to meat and poultry inspections; The Tennessee Retail Food Safety Act, compiled in title 53, chapter 8, part 2; Title 53, chapter 12 [repealed], relative to vending machines; and Tennessee Application of Pesticides Act of 1978, compiled in title 62, chapter 21. Any unencumbered moneys and any unexpended balance of the fund remaining at the end of any fiscal year shall not revert to the general fund, but shall be carried forward and maintained until expended in accordance with this part. Moneys in the fund shall be invested by the state treasurer for the benefit of the fund pursuant to § 9-4-603. Interest accruing on investments and deposits of the fund shall be returned to the fund and remain a part of the fund. The fund shall be administered by the commissioner. Moneys in the fund may be expended only in accordance with annual appropriations approved by the general assembly. Subject to the foregoing requirement, moneys in the fund shall be expended at the direction of the commissioner only to defray the costs associated with implementing and effectuating the purposes of the statutes specified in subsection (b). Acts 1994, ch. 960, § 2; 2002, ch. 640, §§ 1-5; 2015, ch. 485, § 1; 2016, ch. 728, § 3; 2019, ch. 87, § 4; 2020, ch. 727, § 1. Compiler's Notes. Title 53, chapter 12, relative to vending machines, which is referred to in this section, was repealed by Acts 2017, ch. 150, § 7, effective April 17, 2017. Amendments. The 2015 amendment rewrote the section which read: “(a) There is established within the general fund a special agency account to be known as the Tennessee agricultural regulatory fund, referred to in this part as “the fund.”.“(b)(1) Notwithstanding any law to the contrary, there shall be deposited in the fund all fees, civil penalties, and damages collected pursuant to the following:“(A) Chapter 8, part 2 of this title, relative to pesticide dealers;“(B) The Tennessee Plant Pest Act of 1955, compiled in chapter 6, part 1 of this title;“(C) The Tennessee Insecticide, Fungicide, and Rodenticide Act, compiled in chapter 8, parts 1 and 2 of this title;“(D) Chapter 8, part 3 of this title, relative to the aerial application of pesticides;“(E) Tennessee Application of Pesticides Act of 1978, compiled in title 62, chapter 21; and“(F) Title 44, chapter 7, part 4 relative to the animal diagnostic laboratory.“(2) The commissioner of agriculture shall maintain separate accounting for the moneys collected and expended under each of the foregoing statutes.“(c) Any unencumbered moneys and any unexpended balance of the fund remaining at the end of any fiscal year shall not revert to the general fund, but shall be carried forward and maintained in separate accounts until expended in accordance with this part.“(d) Interest accruing on investments and deposits of the fund shall be returned to the fund and remain a part of the fund, allocated proportionately to each separate program.“(e) Moneys in the fund shall be invested by the state treasurer for the benefit of the fund pursuant to § 9-4-603 . The fund shall be administered by the commissioner.“(f) Moneys in the fund may be expended only in accordance with annual appropriations approved by the general assembly. Subject to the foregoing requirement, moneys in the fund shall be expended at the direction of the commissioner only to defray the costs associated with implementing and effectuating the purposes of the statutes specified in subsection (b). Moneys deposited in the fund shall not revert at the end of any fiscal year; and all interest accruing on investments and deposits of the fund not otherwise expended shall be returned to and made a part of the fund. With respect to expenditures from the annual appropriations, the commissioner shall consult with a committee made up of the following: a nurseryman, actively engaged in the nursery business and designated by the Tennessee nurserymen's association; a greenhouse plant producer actively engaged in the business and designated by the plant production business; a representative designated by the Tennessee farm bureau; a licensed pest control operator actively engaged in the pest control business and designated by the Tennessee pest control association; and other representatives of organizations that may be affected by the regulatory provisions of those programs and services specified in subsection (b).” The 2016 amendment, in (b)(7), substituted “§ 43-26-103(b) ” for “§ 43-26-103(e) ”. The 2019 amendment substituted “43-27-104, relative to hemp” for “43-26-103(b), relative to industrial hemp” in (b)(7). The 2020 amendment deleted (b)(15) which read: “The Tennessee Egg Law, compiled in title 53, chapter 2;”. Effective Dates. Acts 2015, ch. 485, § 41. July 1, 2015; May 20, 2015, for the purpose of promulgating rules. Acts 2016, ch. 728, § 4. April 7, 2016. Acts 2019, ch. 87, § 13. April 4, 2019. Acts 2020, ch. 727, § 4. June 22, 2020. Cross-References. Animals and animal husbandry, title 44. Chief executive officers of administrative departments, § 4-3-111 . Department of agriculture, creation, organization and powers of administrative Department of environment and conservation, title 4, ch. 3, part 5. Departments and divisions, title 4, ch. 3, part 2. Farmers' extension work, § 5-9-104 . Food, drugs and cosmetics, title 53. Natural areas preservation, title 11, ch. 14. Salaries of Class 1 and Class 2 officers, § 8-23-101 . State forests, title 11, ch. 4. Tennessee heritage conservation trust fund, title 11, ch. 7.