Section 1200-14-01-.36 - SALE OF TURTLES(1) Except as otherwise provided in this chapter, it shall be unlawful to import, sell, barter or otherwise exchange or distribute to the public, any live turtle(s) with a carapace length of less than four (4) inches. This includes offering them for adoption or for free with or without the purchase of pet supplies (e.g., turtle tanks, food, etc.).(2) It shall be unlawful to sell turtles to anyone under eighteen (18) years of age.(3) The Commissioner or the Commissioner's designated representative may order the removal to institutions for scientific or educational purposes, exportation, or humane destruction of any turtle(s) that are unlawfully imported, sold, bartered, exchanged or offered for sale or distribution to the public in violation of paragraph (1) and/or paragraph (2) above.(4) The Commissioner or the Commissioner's designated representative may quarantine turtles or take samples of tank water or any other appropriate samples of or from turtles offered for sale or distribution for the purpose of testing for salmonella or other organisms which may cause or have caused disease in humans. The Commissioner or the Commissioner's designated representative may order the immediate removal to institutions for scientific or educational purposes, exportation, or humane destruction of any turtle(s) found contaminated with salmonella or other organisms which may cause or have caused disease in humans.(5) The following warning shall be posted conspicuously for buyer information at every display of turtles for retail sale or distribution or where the public may come in contact with turtles: CAUTION: Children under 5 years old and people with weak immune systems (such as chemotherapy patients or those with HIV/AIDS) should avoid contact with reptiles. These people can get very sick from a germ, called salmonella, that reptiles carry. Reptiles include lizards, snakes, alligators, and turtles. Wash hands thoroughly after handling turtles or material that had contact with turtles. Do not allow water or any other substance that had contact with turtles to come in contact with food or areas where food is prepared. Do not bathe turtles or clean their tanks in your kitchen or bathroom and do not have close contact with turtles which could allow direct contamination of the mouth (e.g., kissing, etc.).
(6) Receipts and record keeping required: (a) For each sale of turtle(s) at retail, a sales receipt shall be issued by the seller to the purchaser at the time of the sale. The sales receipt shall have printed legibly on its front or shall be accompanied by an informational sheet with the warning statement contained in paragraph (5) above.(b) The seller shall keep a complete record of all purchases, losses, and other dispositions of turtles. The Commissioner or the Commissioner's designated representative may request these records at any time.Tenn. Comp. R. & Regs. 1200-14-01-.36
Original rule certified June 7, 1974. Repeal and new rule filed March 31, 1977; effective May 2, 1977. Amendments filed March 23, 2016; effective 6/21/2016.Authority: T.C.A. §§ 49-1769, 53-607, 53-621, 53-905, 53-102, 53-1109, 4-5-202, 68-1-103, and 68-1-104.