Tennessee § 44-6-104 - License requirement — Application — Fees — Refusal of license — Hearing.

§ 44-6-104. License requirement — Application — Fees — Refusal of license — Hearing.

Any person who manufactures a commercial feed within the state, who distributes a commercial feed in or into the state, or whose name appears on the label of a commercial feed as guarantor shall obtain a license for each facility from which commercial feed is distributed in or into the state, authorizing the person to manufacture or distribute commercial feed before engaging in the activity. Any person who makes only retail sales of commercial feed that bears labeling or other approved indication that the commercial feed is from a licensed manufacturer, guarantor, or distributor is not required to obtain a license. Any person who is required to obtain a license shall submit an application on a form provided by or approved by the commissioner, accompanied by payment in the amount set by rule pursuant to § 43-1-703 for each facility. Each license shall expire on July 1 of the year for which it is issued. The form and content of the commercial feed license application shall be established by rules promulgated by the commissioner. The commissioner is empowered to refuse to issue a license to any person not in compliance with this chapter and to cancel the license of any licensee subsequently found not to be in compliance with any provision of this chapter; provided, that no license shall be refused or canceled unless the applicant or licensee has been given an opportunity to be heard before the commissioner and to amend the applicant's or licensee's application in order to comply with the requirements of this chapter. Acts 1972, ch. 488, § 4; T.C.A., § 44-1121; Acts 1997, ch. 55, § 2; 2015, ch. 485, § 16. Amendments. The 2015 amendment rewrote the section, which read: “(a) Any person:“(1) Who manufactures a commercial feed within the state; or“(2) Who distributes a commercial feed in or into the state; or“(3) Whose name appears on the label of a commercial feed as guarantor“shall obtain a license for each facility from which commercial feed is distributed in or into the state authorizing the person to manufacture or distribute commercial feed before engaging in such activity. Any person who makes only retail sales of commercial feed that bears labeling or other approved indication that the commercial feed is from a licensed manufacturer, guarantor, or distributor who has assumed full responsibility for the tonnage inspection fee due under this chapter is not required to obtain a license.“(b) Any person who is required to obtain a license shall submit an application on a form provided or approved by the commissioner, accompanied by a license fee of fifty dollars ($50.00) per facility to be paid to the commissioner. The license fee shall be applied to any inspection fees imposed pursuant to § 44-6-109 . The license year shall be the calendar year. Each license shall expire on December 31 of the year for which it is issued; provided, that any license shall be valid through February of the next ensuing year or until the issuance of the renewal license, whichever event first occurs, if the holder thereof has filed a renewal application with the commissioner on or before December 31 of the year for which the current license was issued. Any new applicant who fails to obtain a license within fifteen (15) working days of notification of the requirement to obtain a license, or any licensee who fails to comply with license renewal requirements, shall pay a twenty-five dollar ($25.00) late fee in addition to the license fee.“(c) The form and content of the commercial feed license application shall be established by rules promulgated by the commissioner.“(d) The commissioner may request from a license applicant or licensee, at any time, copies of labels and labeling in order to determine compliance with this section.“(e) The commissioner is empowered to refuse to issue a license to any person not in compliance with this chapter and to cancel the license of any licensee subsequently found not to be in compliance with any provisions of this chapter; provided, that no license shall be refused or cancelled unless the applicant or licensee has been given an opportunity to be heard before the commissioner and to amend the applicant's or licensee's application in order to comply with the requirements of this chapter.” Effective Dates. Acts 2015, ch. 485, § 41. July 1, 2015; May 20, 2015, for the purpose of promulgating rules.