47-26-910 - Special powers. - Tennessee Statutes

47-26-910. Special powers.

When necessary for the enforcement of this part or regulations promulgated pursuant thereto, the commissioner is:

     (1)  Authorized to enter any commercial premises during different times of the day, including nights and weekends, except that in the event such premises are not open to the public, the commissioner shall first present the commissioner's credentials and obtain consent before making entry thereto, unless a search warrant has previously been obtained;

     (2)  Empowered to issue rejection, violation, stop-use, hold, removal, condemnation, and seizure orders with respect to any weights and measures commercially used, and stop-sale, hold, condemnation, seizure, and removal orders with respect to any packaged commodities or bulk commodities kept, offered, or exposed for sale. It is unlawful for any person to use, remove from the premises specified, or fail to remove from the premises specified, any weight, measure, or package, or amount of commodity, material, article, device, product, or any other thing being used contrary to the terms of a rejection, violation, stop-use order, hold order, removal order, condemnation order, or seizure order issued under the authority of this section;

     (3)  Empowered to confiscate and take physical possession of, for use as evidence in a civil or criminal proceeding, without formal warrant, any incorrect or unapproved weight, measure, package, or commodity found to be used, retained, offered, or exposed for sale or sold in violation of the provisions of this part or regulations promulgated pursuant thereto. After the order of the commissioner, or the judgment of any court, including appellate review, becomes final, upholding the seizure or confiscation of such incorrect or unapproved weight, measure, package, or commodity, the same shall be destroyed by the commissioner. If no appeal of such order is taken by law, the property seized or confiscated shall be forfeited without further proceedings and shall be disposed of as herein provided;

     (4)  Empowered to stop any commercial vehicle and, after presentation of the commissioner's credentials, inspect the contents, require that the person in charge of that vehicle produce any documents in such person's possession concerning the contents, and require such person to proceed with the vehicle to some specified place for inspection;

     (5)  Allowed to transfer the powers and duties given to and imposed upon the commissioner by the provisions of this part to the commissioner's duly authorized representatives acting under the instructions and at the direction of the commissioner.

[Acts 1997, ch. 311, § 1.]