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Tennessee General Assembly· HB 1310Comp. SB subst.

Food and Food Products - As enacted, deletes present laws pertaining to rented premises unfit for habitation and quick fast food establishment delivery vehicles; removes the statutorily set permit fees to operate food se, the official text

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                            PUBLIC CHAPTER NO. 400

                                                    SENATE BILL NO. 1282

                                                            By Johnson

                                            Substituted for: House Bill No. 1310

                                          By Lamberth, Cochran, Helton-Haynes

AN ACT to amend Tennessee Code Annotated, Section 53-8-103; Title 68, Chapter 110; Title 68,
          Chapter 111; Title 68, Chapter 14 and Title 68, Chapter 15, relative to health.

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

          SECTION 1. Tennessee Code Annotated, Section 53-8-103, is amended by deleting
subdivision (8) and substituting instead:

                    (8) "Food Code" means the 2009 Food Code as published by the United States
          department of health and human services, public health service, food and drug administration,
          or any subsequent Food Code, or portions thereof, published by the United States department
          of health and human services, public health service, food and drug administration, and adopted
          by rule by the commissioner;

          SECTION 2. Tennessee Code Annotated, Section 68-14-303(4), is amended by deleting the
language "once per month" and substituting instead "every three (3) months".

          SECTION 3. Tennessee Code Annotated, Section 68-14-503(4), is amended by deleting the
language "once every six (6) months," and substituting instead "once every year,".

          SECTION 4. Tennessee Code Annotated, Section 68-14-703, is amended by deleting
subdivision (16) and by deleting subdivision (10) and substituting instead:

                    (10) "Food Code" means the 2009 Food Code as published by the United States
          department of health and human services, public health service, food and drug administration,
          or any subsequent Food Code, or portions thereof, published by the United States department
          of health and human services, public health service, food and drug administration, and adopted
          by rule by the commissioner;

          SECTION 5. Tennessee Code Annotated, Section 68-14-713, is amended by deleting the
section and substituting instead:

                    (a) The commissioner of health shall set the permit fee by rule, promulgated in
          accordance with the Uniform Administrative Procedures Act, compiled in title 4, chapter 5, for
          each of the following to operate:

                              (1) A food service establishment;

                               (2) An auxiliary food service operation;

                               (3) A temporary food service establishment;

                               (4) A child care center food service establishment;

                               (5) Congregate meal sites funded through the department of disability and aging
                    that are food service establishments;

                               (6) A school food service establishment; and
SB 1282

                             (7) A farmers market food unit.
                   (b) This section does not apply to family child care homes, as defined in§ 71-3-501.
                   (c) If the permit fee is delinquent for more than thirty (30) calendar days, a penalty fee
         of one-half (1/2) the permit fee must be assessed, in addition to the permit fee. If a check is
          returned for any reason, a penalty fee of one-half (1/2) the permit fee must be assessed in
         addition to the permit fee. The permit fee, plus any penalty, must be paid before the permit is
          issued.
                   (d) The permit fee, as established by rule under this section, may be increased up to
         three percent (3%) during a calendar year and up to five percent (5%) during a five-year
          period beginning January 1, 2026, and during each subsequent five-year period. For
          purposes of this section, the permit fee is established on January 1, 2026, and any increase
          is assessed upon renewal of the food service establishment permit or upon application for a
          new food service establishment permit.
                   (e) When an institution operates several group homes within close proximity to each
          other, the permit fee must be assessed only against the institution and not against each
          individual group home.
                   (f) This section does not apply to a blind vendor subject to title 71, chapter 4, part 5.
          SECTION 6. Tennessee Code Annotated, Title 68, Chapter 14, Part 7, is amended by
deleting Sections 68-14-723 - 68-14-726 in their entireties.
          SECTION 7. Tennessee Code Annotated, Section 68-15-205, is amended by deleting the
first two sentences.
          SECTION 8. Tennessee Code Annotated, Section 68-110-101 (3), is amended by inserting
the following as new subdivisions:
                    ( ) "Organized camp" does not include camps that are established for and used
          exclusively for residential purposes other than camping, if:

                             (i) No permanent or semipermanent structures or buildings are established or
                    maintained on the property as living or sleeping quarters, restrooms, or a cafeteria or
                    kitchen, to provide an outdoor group living experience for children or adults; and

                             (ii) Sites are rented for a week or longer;
                    ( ) "Organized camp" does not include places established and used for a short-term
          rental unit as defined in§ 13-7-602(8);
          SECTION 9. Tennessee Code Annotated, Section 68-110-106, is amended by deleting the
language "not less than ten dollars ($10.00) nor more than fifty dollars ($50.00)" and substituting
instead "not less than fifty dollars ($50.00) nor more than one hundred dollars ($100)".
          SECTION 10. Tennessee Code Annotated, Title 68, Chapter 111, is amended by deleting
the chapter in its entirety.
          SECTION 11. For the purpose of rulemaking, Section 5 of this act takes effect upon
becoming a law, the public welfare requiring it. For all other purposes, Section 5 of this act takes
effect January 1, 2026, the public welfare requiring it. For the purpose of rulemaking and for all other
purposes, all remaining sections of this act take effect upon becoming a law, the public welfare
requiring it.

                                                                2
         SENATE BILL NO. 1282

PASSED:  Apri I 16, 2025

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                          '                         u · nAUr"\~Tf IVICNALL T

                             SPEAKER OF THE SENATE

                                            7_r1:

                          CAMERON SEXTON, SPEAKER
                          HOUSE OF REPRESENTATIVES

f:}!:_ APPROVED this  day of v'Y'.)~                        2025

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         BILL LEE, GOVERNOR
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