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SENATE BILL 1471
By Walley
HOUSE BILL 1487
By Reeves
HB1487
009271
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AN ACT to amend Tennessee Code Annotated, Title 47,
Chapter 18; Title 53 and Title 68, relative to
identifying the origins of food.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 53, Chapter 1, is amended by adding
the following as a new part:
53-1-401.
As used in this part, unless the context otherwise requires:
(1) "Country of origin" means each country in which an animal, from
which a covered commodity is derived, is born, raised, slaughtered, or
substantially transformed;
(2) "Covered commodity":
(A) Means:
(i) Farm-raised fish; and
(ii) Wild fish; and
(B) Does not include farm-raised fish or wild fish that is an
ingredient in processed food;
(3) "Farm-raised fish" has the same meaning as defined in 7 U.S.C. §
1638;
(4) "Food establishment" has the same meaning as defined in § 53-8-
103;
(5) "Processed food" means a food product derived from the combination
of a covered commodity with one (1) or more other agricultural commodity so as
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to render the covered commodity inseparable or indistinguishable from the other
agricultural commodity or commodities; and
(6) "Wild fish" has the same meaning as defined in 7 U.S.C. § 1638.
53-1-402.
(a) A person who supplies a covered commodity to a food establishment shall
disclose the country of origin of the covered commodity to the food establishment.
(b) Subject to the exceptions in § 53-1-406, a food establishment selling or
providing a covered commodity that originated outside of the United States shall provide
notice of the country of origin of the covered commodity, or state that the covered
commodity is imported:
(1) In letters no smaller than the same size, font, and shade as the
covered commodity being offered is listed, by means of a label, stamp, mark,
placard, or other visible sign on the package, display, holding unit, or bin
containing the covered commodity at the final point of sale; or
(2) By posting a sign that measures not less than eight and one-half
inches (8.5") wide by eleven inches (11") tall, placed not less than thirty-six
inches (36") from the floor located in a conspicuous location where the covered
commodity is held for offer, and using English letters not less than one inch (1")
in size.
53-1-403.
(a) A person who supplies a covered commodity to a food establishment shall
disclose to the food establishment whether the covered commodity is farm-raised fish or
wild fish.
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(b) Subject to the exceptions in § 53-1-406 and except as provided in subsection
(c), a food establishment selling or providing a covered commodity shall provide notice
of whether the covered commodity is farm-raised fish or wild fish:
(1) In letters no smaller than the same size, font, and shade as the
covered commodity being offered is listed, by means of a label, stamp, mark,
placard, or other visible sign on the package, display, holding unit, or bin
containing the covered commodity at the final point of sale; or
(2) By posting a sign that measures not less than eight and one-half
inches (8.5") wide by eleven inches (11") tall, placed not less than thirty-six
inches (36") from the floor located in a conspicuous location where the covered
commodity is held for offer, and using English letters not less than one inch (1")
in size.
(c) Subsections (a) and (b) do not apply to crab, lobster, oyster, crayfish, clam,
or scallops.
53-1-404.
This part does not prohibit a food establishment from using a label, stamp, mark,
placard, or sign to identity the origin of a covered commodity with the United States as
its country of origin.
53-1-405.
(a) Upon receipt of a verified complaint alleging a violation of this part, the
commissioner, or the commissioner's designee, shall:
(1) Investigate the alleged violation; and
(2) Provide a copy of the complaint to the alleged violator.
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(b) If the commissioner, or the commissioner's designee, determines that a
violation of this part has occurred, the commissioner shall assess a civil penalty as
follows:
(1) For a first violation, a written warning;
(2) For a second violation occurring within twenty-four (24) months of the
first violation, a civil penalty of one hundred dollars ($100) for each covered
commodity for which a disclosure required by this part was not made;
(3) For a third violation occurring within twenty-four (24) months of the
first violation, a civil penalty of two hundred fifty dollars ($250) for each covered
commodity for which a disclosure required by this part was not made;
(4) For a fourth violation occurring within twenty-four (24) months of the
first violation, a civil penalty of five hundred dollars ($500) for each covered
commodity for which a disclosure required by this part was not made; and
(5) For a fifth or subsequent violation occurring within twenty-four (24)
months of the first violation, a civil penalty of one thousand dollars ($1,000) for
each covered commodity for which a disclosure required by this part was not
made.
(c) If the commissioner, or the commissioner's designee, determines that a food
establishment unknowingly violated this part due to a good faith reliance upon the
supplier's disclosure of the covered commodity's country of origin under § 53-1-402(a),
or whether the covered commodity is farm-raised fish or wild fish under § 53-1-403(a),
then the commissioner shall not assess a penalty against the food establishment.
(d) The commissioner, or the commissioner's designee, shall give a violator
written notice of the intent to assess a civil penalty and the opportunity to appear before
the commissioner, or the commissioner's designee, to show cause why the penalty
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should not be assessed. Upon finding that a civil penalty should be assessed, the
commissioner, or the commissioner's designee, shall issue an order to the violator. If a
monetary civil penalty has not been paid in full within ninety (90) days after the entry of
the order, the commissioner, or the commissioner's designee, shall refer the matter to
the attorney general and reporter for collection, and the violator shall be liable for all
expenses associated with the enforcement action, including court costs and attorneys'
fees.
(e) Appeals of any decision to assess a civil penalty pursuant to this section
must be undertaken pursuant to the normal procedures for appeal of agency decisions in
the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3.
(f) The moneys collected as civil penalties under this section shall be paid into
the operational account of the department of agriculture and used for the enforcement of
this part.
53-1-406.
This part does not apply to the following:
(1) A retailer that is required to inform consumers of the country of origin
of a covered commodity as provided in 7 U.S.C. §§ 1638 - 1638d;
(2) A hospital, as defined in § 68-11-201; and
(3) A group of ten (10) or more individuals who preorder their food items.
SECTION 2. Tennessee Code Annotated, Section 53-1-116, is amended by deleting the
language "§ 68-14-302" and substituting "§ 68-14-703".
SECTION 3. Tennessee Code Annotated, Title 68, Chapter 14, is amended by adding
the following as a new part:
68-14-901.
As used in this part, unless the context otherwise requires:
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(1) "Commissioner" means the commissioner of health;
(2) "Country of origin" means each country in which an animal, from
which a covered commodity is derived, is born, raised, slaughtered, or
substantially transformed;
(3) "Covered commodity":
(A) Means:
(i) Farm-raised fish; and
(ii) Wild fish; and
(B) Does not include farm-raised fish or wild fish that is an
ingredient in processed food;
(4) "Farm-raised fish" has the same meaning as defined in 7 U.S.C. §
1638;
(5) "Food service establishment" has the same meaning as defined in §
68-14-703;
(6) "Processed food" means a food product derived from the combination
of a covered commodity with one (1) or more other agricultural commodity so as
to render the covered commodity inseparable or indistinguishable from the other
agricultural commodity or commodities; and
(7) "Wild fish" has the same meaning as defined in 7 U.S.C. § 1638.
68-14-902.
(a) A person who supplies a covered commodity to a food service establishment
shall disclose the country of origin of the covered commodity to the food service
establishment.
(b) Subject to the exceptions in § 68-14-906 and except as provided in
subsection (c), a food service establishment that prepares a covered commodity that
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originated outside of the United States on-premises, which it sells or provides to
consumers, shall provide notice of the country of origin of the covered commodity, or
state that the covered commodity is imported as follows:
(1) If the food service establishment uses a menu as a standard business
practice, the food service establishment shall:
(A) Print on all menus on which a covered commodity is listed the
country of origin of the covered commodity, or denote that the covered
commodity is imported, in letters no smaller than the same size, font, and
shade as the covered commodity being offered is listed, immediately
adjacent to the menu listing of the covered commodity being offered;
(B) Attach to all menus on which a covered commodity is listed,
immediately adjacent to the listing of a covered commodity, an addendum
that states the country of origin of the covered commodity, or denotes that
the covered commodity is imported, in letters no smaller than the same
size, font, and shade as the covered commodity being offered is listed on
the menu; or
(C) By posting a sign that states the country of origin of the
covered commodity or denotes that the covered commodity is imported.
The sign must measure not less than eight and one-half inches (8.5")
wide by eleven inches (11") tall, be placed not less than thirty-six inches
(36") from the floor located in a conspicuous location where the covered
commodity is held for offer, and use English letters not less than one inch
(1") in size; or
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(2) If the food service establishment does not use a menu as a standard
business practice, the food service establishment shall post a sign that meets the
requirements described in subdivision (b)(1)(C).
(c) A food service establishment that complies with the requirements for labeling
imported catfish under § 53-1-116 is not required to comply with the notice requirements
of subsection (b) with regard to such imported catfish.
68-14-903.
(a) A person who supplies a covered commodity to a food service establishment
shall disclose to the food service establishment whether the covered commodity is farm-
raised fish or wild fish.
(b) Subject to the exceptions in § 68-14-906 and except as provided in
subsection (c), a food service establishment that prepares a covered commodity that
originated outside of the United States on-premises, which it sells or provides to
consumers, shall provide notice of whether the covered commodity is farm-raised fish or
wild fish as follows:
(1) If the food service establishment uses a menu as a standard business
practice, the food service establishment shall:
(A) Print on all menus on which a covered commodity is listed
whether the covered commodity is farm-raised fish or wild fish in letters
no smaller than the same size, font, and shade as the covered commodity
being offered is listed, immediately adjacent to the menu listing of the
covered commodity being offered;
(B) Attach to all menus on which a covered commodity is listed,
immediately adjacent to the listing of a covered commodity, an addendum
that states whether the covered commodity is farm-raised fish or wild fish
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in letters no smaller than the same size, font, and shade as the covered
commodity being offered is listed on the menu; or
(C) By posting a sign that states whether the covered commodity
is farm-raised fish or wild fish. The sign must measure not less than eight
and one-half inches (8.5") wide by eleven inches (11") tall, be placed not
less than thirty-six inches (36") from the floor located in a conspicuous
location where the covered commodity is held for offer, and use English
letters not less than one inch (1") in size; or
(2) If the food service establishment does not use a menu as a standard
business practice, the food service establishment shall post a sign that meets the
requirements described in subdivision (b)(1)(C).
(c) Subsections (a) and (b) do not apply to crab, lobster, oyster, crayfish, clam,
or scallops.
68-14-904.
This part does not prohibit a food service establishment from using a label,
stamp, mark, placard, or sign to identity the origin of a covered commodity with the
United States as its country of origin.
68-14-905.
(a) Upon receipt of a verified complaint alleging a violation of this part, the
commissioner, or the commissioner's designee, shall:
(1) Investigate the alleged violation; and
(2) Provide a copy of the complaint to the alleged violator.
(b) If the commissioner, or the commissioner's designee, determines that a
violation of this part has occurred, the commissioner shall assess a civil penalty as
follows:
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(1) For a first violation, a written warning;
(2) For a second violation occurring within twenty-four (24) months of the
first violation, a civil penalty of one hundred dollars ($100) for each covered
commodity for which a disclosure required by this part was not made;
(3) For a third violation occurring within twenty-four (24) months of the
first violation, a civil penalty of two hundred fifty dollars ($250) for each covered
commodity for which a disclosure required by this part was not made;
(4) For a fourth violation occurring within twenty-four (24) months of the
first violation, a civil penalty of five hundred dollars ($500) for each covered
commodity for which a disclosure required by this part was not made; and
(5) For a fifth or subsequent violation occurring within twenty-four (24)
months of the first violation, a civil penalty of one thousand dollars ($1,000) for
each covered commodity for which a disclosure required by this part was not
made.
(c) If the commissioner, or the commissioner's designee, determines that a food
service establishment unknowingly violated this part due to a good faith reliance upon
the supplier's disclosure of the covered commodity's country of origin under § 68-14-
902(a), or whether the covered commodity is farm-raised fish or wild fish under § 68-14-
903(a), then the commissioner shall not assess a penalty against the food service
establishment.
(d) The commissioner, or the commissioner's designee, shall give a violator
written notice of the intent to assess a civil penalty and the opportunity to appear before
the commissioner, or the commissioner's designee, to show cause why the penalty
should not be assessed. Upon finding that a civil penalty should be assessed, the
commissioner, or the commissioner's designee, shall issue an order to the violator. If a
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monetary civil penalty has not been paid in full within ninety (90) days after the entry of
the order, the commissioner, or the commissioner's designee, shall refer the matter to
the attorney general and reporter for collection, and the violator shall be liable for all
expenses associated with the enforcement action, including court costs and attorneys'
fees.
(e) Appeals of any decision to assess a civil penalty pursuant to this section
must be undertaken pursuant to the normal procedures for appeal of agency decisions in
the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, part 3.
(f) The moneys collected as civil penalties under this section shall be paid into
the operational account of the department of health and used for the enforcement of this
part.
68-14-906.
This part does not apply to the following:
(1) A retailer that is required to inform consumers of the country of origin
of a covered commodity as provided in 7 U.S.C. §§ 1638 - 1638d;
(2) A hospital, as defined in § 68-11-201; and
(3) A group of ten (10) or more individuals who preorder their food items.
SECTION 4. This act takes effect July 1, 2026, the public welfare requiring it.