Prohibited Acts

  1. Law
  2. Tennessee Code
  3. Health, Safety and Environmental Protection
  4. Hazardous Substances
  5. Tennessee Hazardous Substances Act
  6. Prohibited Acts

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The following acts, and the causing of the acts are prohibited:

  1. The introduction or delivery for introduction into commerce in the state of Tennessee of any misbranded hazardous substance;
  2. The alteration, mutilation, destruction, obliteration, or removal of the whole or any part of the label of, or the doing of any other act with respect to, a hazardous substance, if such act is done while the substance is in commerce, or while the substance is held for sale, whether or not the first sale, after shipment in commerce, and results in the hazardous substance being a misbranded hazardous substance or a banned hazardous substance;
  3. The receipt in commerce of any misbranded hazardous substance or banned hazardous substance and the delivery or proffered delivery of the hazardous substance for pay or otherwise;
  4. The giving of a guarantee or undertaking referred to in § 68-131-105(b)(2), which guarantee or undertaking is false, except by a person who relied upon a guarantee or undertaking to the same effect signed by, and containing the name and address of, the person residing in the United States from whom such person received in good faith the hazardous substance;
  5. The failure to permit entry or inspection as authorized by § 68-131-110(a) or to permit access to and copying of any record as authorized by § 68-131-111;
    1. The introduction or delivery for introduction into commerce, or the receipt in commerce and subsequent delivery or proffered delivery for pay or otherwise, of a hazardous substance in a reused food, drug or cosmetic container or in a container that, though not a reused container, is identifiable as a food, drug, or cosmetic container by its labeling or by other identification. The reuse of a food, drug, or cosmetic container as a container for a hazardous substance shall be deemed to be an act that results in the hazardous substance being a misbranded hazardous substance;
    2. As used in subdivision (6)(A), “food,” “drug” and “cosmetic” have the same meanings as in the Tennessee Food, Drug, and Cosmetic Act, compiled in title 53, chapter 1;
  7. The use by any person to such person's own advantage, or revealing other than to the commissioner or officers or employees of the department, or to the courts when relevant in any judicial proceeding under this part, of any information acquired under authority of § 68-131-110 concerning any method or process that as a trade secret is entitled to protection; and
  8. The introduction into commerce of any antifreeze that is adulterated or misbranded or in violation of the requirements of this part or regulations.


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