53-1-208 - Inspections Examination of specimens.

53-1-208. Inspections Examination of specimens.

(a)  The commissioner or the commissioner's duly authorized agent shall have free access at all reasonable hours to any factory, warehouse or establishment in which foods, drugs, devices or cosmetics are manufactured, processed, packed or held for introduction into commerce, or to enter any vehicle being used to transport or hold the foods, drugs, devices or cosmetics in commerce, for the purpose of:

     (1)  Inspecting the factory, warehouse, establishment or vehicle to determine if this chapter is being violated; and

     (2)  Securing samples or specimens of any food, drug, device or cosmetic after paying or offering to pay for the sample. It is the duty of the commissioner to make or cause to be made examination of samples secured under this section to determine whether or not this chapter is being violated;

(b)  The commissioner shall require that a factory, warehouse, or establishment in which foods are manufactured, processed, packed or held for introduction into commerce have a license where the factory, warehouse, or establishment is not otherwise required to be licensed pursuant to this chapter. An annual license fee shall be required based upon the following categories:

     (1)  For establishments where foods are manufactured, processed, or packed, the fee shall be based on the size of the establishment as follows:

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     (2)  For warehouses where foods are held for introduction into commerce, the fee shall be based on the size of the establishment as follows:

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(c)  The commissioner shall require a fee of twenty-five dollars ($25.00) for an initial certificate of free sale and ten dollars ($10.00) for subsequent certificates relative to the same request.

[Acts 1941, ch. 120, § 22; C. Supp. 1950, § 6580.22; T.C.A. (orig. ed.), § 51-122; Acts 2002, ch. 640, §§ 31, 32.]