Tennessee § 53-3-105 - Samplers and testers licenses.

§ 53-3-105. Samplers and testers licenses.

Samplers License and Fee. Every person receiving or buying milk or cream on the basis of its chemical or physical constituents shall be, or have in the person's employ, in or on each milk transport tank truck, a licensed milk sampler or tester. Application to become a licensed sampler shall be made to the commissioner on forms the commissioner may prescribe. The license shall expire on July 1 of each succeeding year. In order to qualify for a license, the applicant shall satisfy to the commissioner, either by a written examination or otherwise, that the applicant is honest and competent to do sampling work. An identification card stating the applicant's name and address and bearing the same number as the applicant's license shall be issued to the applicant at the time the applicant's license is issued and shall be carried on the applicant's person at all times while on duty. The annual license fee for a sampler shall be set by rule pursuant to § 43-1-703. Milk Testers License and Fee. Every person receiving or buying milk or cream on the basis of its chemical or physical constituents shall be, or have in the person's employ, a licensed milk tester to make the official analysis; and no other person shall be allowed to make the tests in any creamery, cheese factory, milk depot, milk plant, ice cream factory, cream station, milk condensery, or similar plant where milk or cream is bought or received on a basis of its chemical or physical constituents. Application to become a licensed milk tester shall be made to the commissioner on forms the commissioner may prescribe. If the applicant is found upon examination to be qualified and competent, the commissioner shall issue a license to the applicant. Licenses issued in accordance with this section shall be posted conspicuously in the tester's place of business. Licensed testers are also qualified and permitted to act as samplers. The annual license fee for a tester shall be set by rule pursuant to § 43-1-703. Acts 1970, ch. 577, § 2; T.C.A., § 52-305; Acts 2002, ch. 640, §§ 23, 24; 2015, ch. 485, § 33. Amendments. The 2015 amendment in (a), deleted the former third sentence, which read: “An annual license fee of eight dollars ($8.00) shall be required of each person who qualifies for a license.”, added “and” preceding “address and bearing” in the penultimate sentence and added the last sentence; rewrote (b), which read: “Every person receiving or buying milk or cream on the basis of its chemical or physical constituents shall be, or have in the person's employ, a licensed milk tester to make the official analysis; and no other person shall be allowed to make the tests in any creamery, cheese factory, milk depot, milk plant, ice cream factory, cream station, milk condensary, or similar plant where milk or cream is bought or received on a basis of its chemical or physical constituents. Application to become a licensed milk tester shall be made to the commissioner on forms the commissioner may prescribe. All licenses shall expire on the next succeeding July 1 and the fee shall be eight dollars ($8.00). The required fee shall accompany the application, and if the applicant is found upon examination to be qualified and competent, the commissioner shall issue a license to the applicant. Licenses thus issued shall be posted conspicuously in the tester's place of business. Licensed testers are also qualified and permitted to act as samplers.” ; and deleted (c), which read: “(c)(1)(A) In the event the commissioner has reason to believe the holder of a sampler's or tester's license is guilty of violating any provision of this chapter or is dishonest or incompetent, the commissioner shall conduct a hearing to determine the revocation of a sampler's or tester's license.“(B) A ten-day notice shall be given and the hearing conducted at Ellington Agricultural Center, Nashville.“(C) Following the hearing, the commissioner may:“(i) Permanently revoke the license; or“(ii) Suspend the license for a definite period of time.“(D) The commissioner's decision may be appealed to the chancery court of Davidson County.“(2)(A) If, after revocation of the licensee's license, the licensee complies with the requirements of the law as provided and makes manifest, in writing, the licensee's intentions to immediately observe the law, the commissioner may reissue a new license upon payment of the required fees.“(B) Reapplication may be made on forms provided by the commissioner, except in no case will reissuance of a license be allowed where the licensee has been found to be incompetent, dishonest or guilty of any fraudulent practices.“(3) The commissioner has the power to subpoena any persons or records incident to the hearing and further to administer oaths to those giving evidence.” Effective Dates. Acts 2015, ch. 485, § 41. July 1, 2015; May 20, 2015, for the purpose of promulgating rules.