Public Chapter 75

HOUSE BILL NO. 1248

By Representatives Haley, Davis, Pleasant, Hargett, McDaniel, Stamps, Walley, Ford, Wood, Patton, Cooper, Kerr, Beavers, Kent, Bird, Clabough, McKee, Newton, Scroggs, Godsey, Goins, Walker, McAfee, Mumpower, Roach, Boyer

Substituted for: Senate Bill No. 1652

By Senators Leatherwood, Williams, Elsea, McNally, Gilbert, Jordan, Koella, Atchley, Person, Haun, Carter, Ramsey, Miller, Fowler, Crowe

AN ACT to amend Tennessee Code Annotated, Title 53, Chapter 3, Part 1 relative to dairies.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:

SECTION 1. Tennessee Code Annotated, Section 53-3-106(a) is amended by deleting subdivision (4) in its entirety and by substituting instead the following:

(4) Distributors License. Every person buying or receiving from another person dairy products or frozen desserts or trade products, as defined in this chapter for the purpose of resale, shall be required to purchase from the commissioner an annual distributors license; provided, that no distributors license shall be required of the holder of a frozen dessert manufacturers license or dairy plant or trade products plant license delivering or distributing their own products, or persons selling dairy products or trade products in hotels, restaurants, retail stores or supermarkets if the dairy products or trade products have been delivered to the location of the hotel, restaurant, retail store, or supermarket by a licensed frozen dessert manufacturer, licensed dairy plant and/or trade product plant operator, or a licensed distributor. No distributors license shall be required of a receiving plant. The license fee for a distributor's license shall be twenty-five dollars ($25) per truck up to a maximum fee of two hundred and fifty dollars ($250).

SECTION 2. Tennessee Code Annotated, Section 53-3-107(c) is amended by deleting the words "interstate shipments of" .

SECTION 3. Tennessee Code Annotated, Section 53-3-107(d) is amended by deleting it in its entirety.

SECTION 4. This act shall take effect on July 1, 1997, the public welfare requiring it.