Official Summary Text
HOTEL AND PUBLIC SWIMMING POOL INSPECTION ACT
Present law authorizes the commissio
ner of health ("commissioner") to inspect, or cause to be inspected, at least once per month, and as often as the commissioner deems necessary, every public swimming pool in this state to determine compliance with the Hotel and Public Swimming Pool Inspec
t
ion Act and applicable rules. This bill revises this provision to require inspections at least once every three months, instead of once every month.
BED AND BREAKFAST ESTABLISHMENT INSPECTION ACT OF 1990
Present law authorizes the commissioner to inspe
ct, or cause to be inspected, at least once every six months, or as often as the commissioner deems necessary, every establishment in the state to determine compliance with the Bed and Breakfast Establishment Inspection Act of 1990 and applicable rules.
T
his bill revises this provision to require inspections at least once every year, instead of once every six months.
TENNESSEE FOOD SAFETY ACT
Food Code
Present law authorizes the commissioner to adopt, by rule, all or part of the 2009 Food Code as publ
ished by the United States department of health and human services, public health service, food and drug administration ("Food Code"). When the commissioner has reasonable cause to suspect possible disease transmission by an employee of the facility, the
commissioner may obtain information about any recent illness of the employee or make other investigations as may be indicated. A person in charge, having been provided by the employee with written documentation from a person who practices in a medical pr
o
fession, that the employee has been diagnosed with a condition set forth in the Food Code must have an affirmative duty to notify the commissioner. However, a person in charge must not be required to obtain medical records from a prospective employee pri
o
r to hiring such individual as an employee.
This bill expands the definition of Food Code to include any subsequent Food Code, or portions thereof, published by the United States department of health and human services, public health service, food and d
rug administration, and adopted by rule by the commissioner of health.
Food Service Establishment Fees
Present law requires permit fees to be paid to operate a food service establishment. The fee schedule is as follows: establishments generally pay $2
10 if there are zero to 50 seats and $360 if there are 51 or more seats; auxiliary food services operations pay $100; temporary food service establishments pay $30; child care center food service establishments and congregate meal sites funded through the
commission on aging and disability that are food service establishments pay $50 for zero to 50 seats and $80 if there are 51 or more seats; school food services establishments pay $80; and farmers market food units pay $300 once an inspection has been con
d
ucted and compliance established. This bill removes the fee amounts from statute and, instead, requires the commissioner of health to set the permit fee amounts by rule.
Quick Fast Food Establishment Delivery Vehicles
Present law requires every quick
fast food establishment delivery vehicle, whether owned by the establishment or not, that is used in the delivery of prepared food to be clearly marked with the name and logo of the quick fast food establishment. If the quick fast food establishment or o
n
e of its delivery employees reasonably believes that providing delivery services to an address would expose delivery personnel to a risk of harm, the name or logo may be temporarily removed. Additionally, all vehicles owned by a quick fast food establish
m
ent used in the delivery of its products must meet the requirements for proof of financial responsibility according to law. This bill removes these provisions.
Present law defines a "quick fast food establishment" as those food establishments that only
prepare food to be eaten off premises and that provide delivery services for such food but provide no set up, serving, or clean-up services. This bill removes this definition.
Maintenance of Employee Records
Present law requires every quick fast food
establishment to maintain accurate and current files on each employee hired to provide delivery services that verify the employee has met the requirements of the Tennessee Food Safety Act. Such files must be open for inspection by the commissioner or th
e
commissioner's authorized agent. This bill removes these provisions.
Maintenance of Required Files
Present law requires files that are required to be maintained in accordance with state law to be kept by all quick fast food establishments that employ
drivers or that contract with drivers or contract with companies that provide drivers for the delivery of food. If a quick fast food service establishment contracts with a company that provides drivers for the delivery of food, the company must provide
t
o the food service establishment proof of financial responsibility for each of the company's employees providing the driving services under the contract. This bill removes these provisions.
BEDDING MATERIALS
Present law requires terms used on the tag t
o describe filling materials to be restricted to those defined in rules promulgated by the department of health. A trade or substitute term may not be used, and no additional information may be contained in the statement. This bill removes these provisi
o
ns.
ORGANIZED CAMPS
Present law prohibits a place or site within any political subdivision of this state from being established or maintained by any person as an organized camp, unless the person holds a valid permit issued by the commissioner or public
health officer in the name of the person for the specific organized camp. "Organized camp" means any area, place, parcel, or tract of land on which facilities are established or maintained to provide an outdoor group-living experience for children or ad
u
lts, or where one or more permanent or semi-permanent structures are established or maintained as living or sleeping quarters for children or adults, and operated for educational, social, recreational, religious instruction or activity, physical education
or health, or vacation purposes either gratuitously or for compensation. The annual permit fee to operate an organized camp must be in accordance with a schedule provided in present law. Additionally, the permit must be kept and displayed in a conspicuo
u
s manner, properly framed, at the organized camp for which it was issued.
This bill clarifies that "organized camp" does not include either of the following:
Camps that are established for and used exclusively for residential purposes other than camping, if (i) no permanent or semi-permanent structures or buildings are established or maintained on the property as living or sleeping quarters, restrooms, or a cafeteria or kitchen, to provide an outdoor group living experience for children or adults and (ii) sites are rented for a week or longer.
Places established and used for a short-term rental unit.
Present law requires a person who violates the rules adopted pursuant to organized camps, or fails to perform the reasonable requirements of the departm
ent or public health officer after receipt of 10 days written notice of such requirements, to be fined not less than $10 nor more than $50 for each offense. This bill increases the fine to not less than $50 nor more than $100.
RENTED PREMISES UNFIT FOR
HABITATION
Present law requires the department of health to establish and distribute to each county and public health department of the state minimum health standards in the rental of any premises and these standards establish living and building conditi
ons of a dwelling that render it unfit for human habitation. Any tenant whose rental payments do not exceed $200 per week, or third party complainant who has been inside a premises occupied by a tenant, may file a complaint with the building inspector of
the city or county in which the rented premises are located or with the county public health department in which the tenant's rented premises are located, if the premises are in violation of the minimum health standards and consequently unfit for human ha
b
itation. The building inspector or a public health department representative must inspect the building facility no later than 14 days after the filing of the complaint. The complaint must be in writing, and a copy must be forwarded by certified mail to
t
he tenant's landlord or the landlord's agent. It must be a condition of this provision that no rent must be paid to anyone except the landlord until the building inspector or a representative of the public health department agrees in writing with the ten
a
nt that the premises are unfit for habitation. However, these provisions do not apply to rental agreements in which rent is assessed and collected monthly, or assessed and collected for a term greater. This bill removes these provisions.
Inspection
Present law requires the building inspector or the county public health department, within 14 days of the filing of a complaint, to make an inspection of the rented premises. If the unit is found unfit for human habitation, the building inspector or heal
t
h department must notify the landlord or landlord's agent of the premises, in writing, by certified mail, and a copy must be forwarded to the tenant. The notice must describe the condition found and give the landlord 30 days to correct the condition. If
at the end of the 30 day period, which inspection must be made within seven days of the expiration period, the landlord has not corrected the condition, the tenant must pay their rental payments due from that date, to the county clerk of the county in whi
c
h the premises are located. If the landlord has not corrected the condition at the end of six months from the date of the first notice, which inspection must be made within seven days of the expiration period, the rental payments made by the tenant to th
e
county clerk must, upon a certificate of noncompliance being filed with the county clerk by the building inspector or health department, which certificate must be filed within 14 days of the expiration period, a copy of which must be forwarded by certifi
e
d mail to the landlord or the landlord's agent, be forfeited by the landlord of the premises to the state for the use of the agency to whom the complaint was directed and the county clerk must, at the expiration of the 30-day period from the date the cert
i
ficate of noncompliance is filed where no appeal has been had by the landlord as provided in this provision, pay to the state for the use of the county agency to whom the complaint was directed.
Present law provides if the landlord files an appeal, the
sums held by the county clerk must remain on deposit in the special account pending the final determination of the appeal. However, if the landlord corrects the condition, as determined by an inspection by the building inspector or the health department,
the county clerk must, upon receiving a certificate of compliance from the building inspector or the health department, which certificate must be filed within 14 days of the expiration of the period, return the rental payments that were held, to the land
l
ord. These provisions do not apply to rental agreements in which rent is assessed and collected monthly, or assessed and collected for a term greater. This bill removes all of the provisions under this heading.
Retaliatory Eviction Prohibited
Present
law prohibits tenants from being dispossessed of the rented premises or penalized by the landlord for prosecuting any complaint under or pursuant to these provisions or for payment to the county clerk of rental payments where the rented premises are in v
i
olation of the minimum health standards. When it is necessary to temporarily vacate the premises to carry out repairs, the landlord may get temporary possession from the tenant and the tenant's rent must be abated during this period and resume upon the t
e
nant's moving back into the premises. If it is not feasible to repair the building, the landlord must notify the tenant and the agency to which the complaint was directed that the landlord has elected not to repair the structure and must give the tenant
3
0 days' notice to vacate the premises. Thereafter, the premises must not be rented or used as a human habitation, unless and until the condition of violation is corrected. This bill removes these provisions.
Duties of County Clerk
The county clerk o
f each county is authorized and directed to accept the rental payment sums as provided by law and must deposit each sum in a special account and must account for such sums, as provided by law to account for such other sums in the county clerk's possession.
The county clerk must receive the sum of 5% from all such rental payment sums that are forfeited to the state for the use of the county agency to whom the complaint was directed, for the clerk's services. This bill removes these provisions.
Appeal of
Certificate of Noncompliance
Present law provides that a landlord has the right to appeal the findings of the building inspector or the health department to the county board of health of the county. Where the county has no county board of health, the ap
peal must be made to the county mayor of the county in which the premises are located. The appeal must be made within 30 days from the date of the filing of the certificate of noncompliance. The landlord must have the right, after the determination by t
h
e county board of health or the county mayor, of appeal to the circuit court of the county in which the premises are located. An appeal must be heard de novo in the circuit court. This bill removes these provisions.
ON APRIL 7, 2025, THE SENATE ADOPTE
D AMENDMENT #1 AND PASSED SENATE BILL 1282, AS AMENDED.
AMENDMENT #1 authorizes a
permit fee to operate a food service establishment, as established by rule,
to
be increased up to 3%
during a calendar year and up to 5% during a five-year period beginning
January 1, 2026, and during each subsequent five-year period. For purposes of
the law relative to such permit fee
, the permit fee is established on January 1, 2026, and any increase is assessed upon renewal of the food service establishment permit or upo
n application for a new food service establishment permit.
Current Bill Text
Read the full stored bill text
SENATE BILL 1282
By Johnson
HOUSE BILL 1310
By Lamberth
HB1310
002820
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AN ACT to amend Tennessee Code Annotated, Section
53-8-103; Title 68, Chapter 110; Title 68, Chapter
111; Title 68, Chapter 14 and Title 68, Chapter 15,
relative to health.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Section 53-8-103, is amended by deleting
subdivision (8) and substituting instead:
(8) "Food Code" means the 2009 Food Code as published by the United States
department of health and human services, public health service, food and drug
administration, or any subsequent Food Code, or portions thereof, published by the
United States department of health and human services, public health service, food and
drug administration, and adopted by rule by the commissioner;
SECTION 2. Tennessee Code Annotated, Section 68-14-303(4), is amended by
deleting the language "once per month" and substituting instead "every three (3) months".
SECTION 3. Tennessee Code Annotated, Section 68-14-503(4), is amended by
deleting the language "once every six (6) months," and substituting instead "once every year,".
SECTION 4. Tennessee Code Annotated, Section 68-14-703, is amended by deleting
subdivision (16) and by deleting subdivision (10) and substituting instead:
(10) "Food Code" means the 2009 Food Code as published by the United States
department of health and human services, public health service, food and drug
administration, or any subsequent Food Code, or portions thereof, published by the
United States department of health and human services, public health service, food and
drug administration, and adopted by rule by the commissioner;
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SECTION 5. Tennessee Code Annotated, Section 68-14-713, is amended by deleting
the section and substituting instead:
(a) The commissioner of health shall set the permit fee by rule, promulgated in
accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter
5, for each of the following to operate:
(1) A food service establishment;
(2) An auxiliary food service operation;
(3) A temporary food service establishment;
(4) A child care center food service establishment;
(5) Congregate meal sites funded through the department of disability
and aging that are food service establishments;
(6) A school food service establishment; and
(7) A farmers market food unit.
(b) This section does not apply to family child care homes, as defined in § 71-3-
501.
(c) If the permit fee is delinquent for more than thirty (30) calendar days, a
penalty fee of one-half (1/2) the permit fee must be assessed, in addition to the permit
fee. If a check is returned for any reason, a penalty fee of one-half (1/2) the permit fee
must be assessed in addition to the permit fee. The permit fee, plus any penalty, must
be paid before the permit is issued.
(d) When an institution operates several group homes within close proximity to
each other, the permit fee must be assessed only against the institution and not against
each individual group home.
(e) This section does not apply to a blind vendor subject to title 71, chapter 4,
part 5.
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SECTION 6. Tennessee Code Annotated, Title 68, Chapter 14, Part 7, is amended by
deleting Sections 68-14-723 – 68-14-726 in their entireties.
SECTION 7. Tennessee Code Annotated, Section 68-15-205, is amended by deleting
the first two sentences.
SECTION 8. Tennessee Code Annotated, Section 68-110-101(3), is amended by
inserting the following as new subdivisions:
( ) "Organized camp" does not include camps that are established for
and used exclusively for residential purposes other than camping, if:
(i) No permanent or semipermanent structures or buildings are
established or maintained on the property as living or sleeping quarters,
restrooms, or a cafeteria or kitchen, to provide an outdoor group living
experience for children or adults; and
(ii) Sites are rented for a week or longer;
( ) "Organized camp" does not include places established and used for a
short-term rental unit as defined in § 13-7-602(8);
SECTION 9. Tennessee Code Annotated, Section 68-110-106, is amended by deleting
the language "not less than ten dollars ($10.00) nor more than fifty dollars ($50.00)" and
substituting instead "not less than fifty dollars ($50.00) nor more than one hundred dollars
($100)".
SECTION 10. Tennessee Code Annotated, Title 68, Chapter 111, is amended by
deleting the chapter in its entirety.
SECTION 11. For the purpose of rulemaking, Section 5 of this act takes effect upon
becoming a law, the public welfare requiring it. For all other purposes, Section 5 of this act
takes effect January 1, 2026, the public welfare requiring it. For the purpose of rulemaking and
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for all other purposes, all remaining sections of this act take effect upon becoming a law, the
public welfare requiring it.