53-3-112 - Inspection of products and establishments Local regulations. - Tennessee Statutes

53-3-112. Inspection of products and establishments Local regulations.

(a)  At times the commissioner deems proper, the commissioner shall cause to be inspected all places where dairy products or trade products are made, stored or served as food for pay, and all places where cows are kept by persons engaged in the sale of milk or cream, and shall require the correction of all unsanitary conditions and practices found in those places.

(b)  (1)  The governing authority of any municipal corporation, by ordinance, and any board of health, by regulation, may provide for the inspection of dairy products or trade products sold within its limits, dairy products or trade products plants and dairies and dairy herds kept for the production of milk or cream, and may prescribe the methods by which dairy products or trade products shall be handled, and may fix penalties for violation of ordinances and regulations; but no ordinance shall conflict in any way whatsoever with any law of this state, or any regulation promulgated by the commissioner, or interfere with any power or duty of the commissioner.

     (2)  It is unlawful for any political subdivision, agency or department of any political subdivision in this state to impose, collect or accept an inspection fee upon or from any person or firm in the state by reason of the fact the person or firm is a producer, transporter or a processor of dairy products.

     (3)  (A)  Any Grade A milk, milk products or dairy products produced in a political subdivision of the state shall be accepted without further inspection in all other political subdivisions of the state or their police jurisdictions, if the products are produced or pasteurized under regulations that are substantially equivalent to the latest United States public health service recommended Grade A pasteurized milk ordinance, and that have been awarded an acceptable milk sanitation rating made by a state department of agriculture laboratory certifying officer and milk sanitation rating officer certified by the United States public health service, and acceptable to the commissioner.

          (B)  All ungraded milk, whether used for manufacturing purposes or otherwise, shall be accepted in any political subdivision of this state without further inspection if produced in accordance with the regulations promulgated by the commissioner, setting out minimum standards for operation of manufactured milk product plants.

[Acts 1970, ch. 577, § 2; 1971, ch. 235, § 1; T.C.A., § 52-312.]