2010 Tennessee Code
Title 53 - Food, Drugs And Cosmetics
Chapter 12 - Vending Machines and Commissaries
53-12-102 - Enforcement of chapter Rules and regulations Commissioner's and commissioner's designee's authority.

53-12-102. Enforcement of chapter Rules and regulations Commissioner's and commissioner's designee's authority.

(a)  The commissioner is empowered, authorized and designated to enforce this chapter. The commissioner may, following due notice to interested parties and a public hearing if requested, make, promulgate, alter, change or rescind rules and regulations that the commissioner may find necessary for the enforcement of this chapter. Insofar as practicable, these regulations shall conform to the regulations promulgated by the United States department of health and human services, “The Vending of Food and Beverages A Sanitation Ordinance and Code 1965 Recommendations of the Public Health Service as amended.” The regulations shall set forth:

     (1)  Interior and exterior construction;

     (2)  Machine location and operation;

     (3)  Water supply;

     (4)  Waste disposal; and

     (5)  Other factors affecting the purity of the food or beverage processed or dispensed.

(b)  The commissioner is authorized to conduct examinations, inspections and investigations for the purposes of this chapter through officers and employees of the department, and the commissioner is also authorized to cooperate with and to assist to the extent possible, local health departments having ordinances imposing like responsibility and authority.

(c)  For purposes of enforcement of this chapter, officers or employees duly designated by the commissioner, upon presenting appropriate credentials to the owner or operator in charge, are authorized to:

     (1)  Enter, at reasonable times, any commissary, warehouse or establishment in which foods and beverages are manufactured, processed, packed, dispensed, offered for sale, or vended, or in vehicles for delivery;

     (2)  Inspect, at reasonable times and within reasonable limits, and in a reasonable manner, the premises and all pertinent equipment, finished and unfinished materials, and labeling in the premises; and

     (3)  Obtain samples of the materials or packages of materials, or of the labeling.

(d)  Refusal to permit an inspection and sampling as provided for in subsection (c) constitutes a violation of this chapter.

[Acts 1967, ch. 68, § 2; T.C.A., § 52-1502.]