This bill prohibits additional conduct under the Tennessee Food, Drug and Cosmetic Act as described below. The Tennessee Food, Drug and Cosmetic Act classifies the following acts, and the causing of the following acts, as Class C misdemeanors: (1) The manufacture, sale, or delivery; holding; or offering for sale of a food, drug, device, or cosmetic that is adulterated or misbranded; (2) The adulteration or misbranding of a food, drug, device, or cosmetic; (3) The receipt of a food, drug, device, or cosmetic that is adulterated or misbranded, and the delivery or proffered delivery of any food, drug, device, or cosmetic that is adulterated or misbranded for pay or otherwise; (4) The sale, delivery for sale, holding for sale, or offering for sale of an article in violation of the Tennessee Food, Drug and Cosmetic Act, or a promulgated rule; (5) The dissemination of a false advertisement or for an advertising medium to knowingly publish false or misleading advertising; (6) The refusal to permit the commissioner of agriculture, or the commissioner's agent to make certain inspections, collect certain samples, or access and copy certain records pursuant to the Tennessee Food, Drug and Cosmetic Act; (7) The giving of a guaranty or undertaking, which guaranty or undertaking is false, except by a person who relied on a guaranty or undertaking to the same effect signed by, and containing the name and address of the person residing in the United States from whom this person received in good faith the food, drug, device, or cosmetic; (8) The removal or disposal of a detained or embargoed article in violation of present law; (9) The alteration, mutilation, destruction, obliteration or removal of the whole or a part of the labeling of, or the doing of any other act with respect to, a food, drug, device, or cosmetic, if the act is done while the article is held for sale and results in the article's being misbranded; (10) The forging, counterfeiting, simulating or falsely representing, or without proper authority using a mark, stamp, tag, label or other identification device authorized or required by promulgated rules; (11) The using, on the labeling of a drug or in an advertisement relating to the drug, of a representation or suggestion that an application with respect to the drug is effective under, or complies with, present law on its sale; (12) The sale of alcohol in violation of rules and regulations adopted by the United States treasury department, alcohol tax division, or by the department of revenue or the alcoholic beverage commission; (13) The sale by vending machines of any drugs that are capable of causing physical or mental harm if taken internally in overdoses; (14) The manufacture, sale, or delivery; holding; or offering for sale of a food, drug, device, or cosmetic that contains any level of radiation or any amount of pesticide residue, food additive, color additive, or other substance, in excess of the amount adopted or prescribed by rule of the commissioner; or (15) The sale, delivery, holding, processing, or offering for sale salvageable merchandise in violation of the Tennessee Food, Drug and Cosmetic Act or a promulgated rule. This bill adds to the list of prohibited acts constituting Class C misdemeanors the manufacture, sale, or delivery, holding, or offering for sale of a food that contains a vaccine or vaccine material unless the food labeling contains a conspicuous notification of the presence of the vaccine or vaccine material in the food. This bill defines "vaccine or vaccine material" as a substance intended for use in humans to stimulate the production of antibodies and provide immunity against disease, prepared from the causative agent of a disease, its products, or a synthetic substitute, treated to act as an antigen without inducing the disease, that is authorized or approved by the United States food and drug administration

Statutes affected:
Introduced: 4-29-246(a), 4-29-246, 4-29-250(a), 4-29-250