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https://law.justia.com/codes/alabama/title-2/chapter-19/article-1/section-2-19-25/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 19 - Cotton.›Article 1 - General Provisions.›Section 2-19-25 - Applicability of Provisions of Sections 2-19-23 and 2-19-24. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 19 - Cotton. › Article 1 - General Provisions. › Section 2-19-25 - Applicability of Provisions of Sections 2-19-23 and 2-19-24. | Section 2-19-25
Applicability of provisions of Sections 2-19-23 and 2-19-24.
The provisions of Sections 2-19-23 and 2-19-24 as to keeping the lint separate and apart from other lots shall not be made to apply to lots of cotton of less than one bale.
(Acts 1919, No. 755, p. 1116; Code 1923, §7307; Code 1940, T. 2, §166.) |
https://law.justia.com/codes/alabama/title-2/chapter-19/article-1/section-2-19-26/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 19 - Cotton.›Article 1 - General Provisions.›Section 2-19-26 - Applicability of Laws Relative to Inspection, Suspension From Sale, Seizure, Etc. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 19 - Cotton. › Article 1 - General Provisions. › Section 2-19-26 - Applicability of Laws Relative to Inspection, Suspension From Sale, Seizure, Etc. | Section 2-19-26
Applicability of laws relative to inspection, suspension from sale, seizure, etc.
The provisions of Article 2 of Chapter 2 of this title shall be applicable to the provisions of this chapter. |
https://law.justia.com/codes/alabama/title-2/chapter-19/article-2/section-2-19-40/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 19 - Cotton.›Article 2 - Traffic in Seed Cotton.›Section 2-19-40 - Maintenance of Record Book as to Purchases, etc., by Persons Trafficking in Seed C... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 19 - Cotton. › Article 2 - Traffic in Seed Cotton. › Section 2-19-40 - Maintenance of Record Book as to Purchases, etc., by Persons Trafficking in Seed Cotton - Required Generally. | Section 2-19-40
Maintenance of record book as to purchases, etc., by persons trafficking in seed cotton - Required generally.
All persons engaged in the traffic in seed cotton are required to keep legibly written in a book, which shall be open to public inspection, the names of all persons from whom they purchase or receive, by way of barter or exchange or traffic of any sort, any seed cotton, with the number of pounds and the date of purchase, barter or exchange.
(Acts 1919, No. 607, p. 854; Code 1923, §7303; Code 1940, T. 2, §167.) |
https://law.justia.com/codes/alabama/title-2/chapter-19/article-2/section-2-19-41/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 19 - Cotton.›Article 2 - Traffic in Seed Cotton.›Section 2-19-41 - Maintenance of Record Book as to Purchases, etc., by Persons Trafficking in Seed C... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 19 - Cotton. › Article 2 - Traffic in Seed Cotton. › Section 2-19-41 - Maintenance of Record Book as to Purchases, etc., by Persons Trafficking in Seed Cotton - Exceptions. | Section 2-19-41
Maintenance of record book as to purchases, etc., by persons trafficking in seed cotton - Exceptions.
The provisions of Section 2-19-40 shall not apply to the purchase of seed cotton sold under process of law or in satisfaction of a landlord's lien, in the collection of his rents, advances or mortgages previously given on the cotton sold, nor to ginners who purchase seed cotton from their customers delivered to their gins.
(Acts 1919, No. 607, p. 854; Code 1923,§7304; Code 1940, T. 2, §168.) |
https://law.justia.com/codes/alabama/title-2/chapter-19/article-2/section-2-19-42/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 19 - Cotton.›Article 2 - Traffic in Seed Cotton.›Section 2-19-42 - Effect of Failure to Maintain Record Book. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 19 - Cotton. › Article 2 - Traffic in Seed Cotton. › Section 2-19-42 - Effect of Failure to Maintain Record Book. | Section 2-19-42
Effect of failure to maintain record book.
Any person who shall engage in the traffic of seed cotton and who shall fail to keep the record book as provided by this article shall be guilty of a misdemeanor.
(Ag. Code 1927, §372; Code 1940, T. 2, §169.) |
https://law.justia.com/codes/alabama/title-2/chapter-19/article-2/section-2-19-43/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 19 - Cotton.›Article 2 - Traffic in Seed Cotton.›Section 2-19-43 - Purchase of Seed Cotton From Person Other Than Owner, etc., of Land on Which Same... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 19 - Cotton. › Article 2 - Traffic in Seed Cotton. › Section 2-19-43 - Purchase of Seed Cotton From Person Other Than Owner, etc., of Land on Which Same Grown. | Section 2-19-43
Purchase of seed cotton from person other than owner, etc., of land on which same grown.
It shall be unlawful for any person to receive or buy seed cotton at any time from any person, except the owner of land on which the same was grown or his lawful agent or except from a person presenting a written permit to make such sale from the owner of the land on which the same was grown or his lawful agent. Any person violating the provisions of this section shall be guilty of a misdemeanor.
(Acts 1932, Ex. Sess., No. 209, p. 213; Code 1940, T. 2, §170.) |
https://law.justia.com/codes/alabama/title-2/chapter-19/article-3/section-2-19-60/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 19 - Cotton.›Article 3 - Public Cotton Gins.›Section 2-19-60 - Purpose of Article. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 19 - Cotton. › Article 3 - Public Cotton Gins. › Section 2-19-60 - Purpose of Article. | Section 2-19-60
Purpose of article.
The purpose of this article is to protect the public interest as to the character of service rendered by public gins, and to that end the commissioner is authorized and empowered to supervise and control public gins as to the character of service which they render.
(Ag. Code 1927, §346; Code 1940, T. 2, §171.) |
https://law.justia.com/codes/alabama/title-2/chapter-19/article-3/section-2-19-61/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 19 - Cotton.›Article 3 - Public Cotton Gins.›Section 2-19-61 - Permit Required; Fee and Delinquency Penalty. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 19 - Cotton. › Article 3 - Public Cotton Gins. › Section 2-19-61 - Permit Required; Fee and Delinquency Penalty. | Section 2-19-61
Permit required; fee and delinquency penalty.
The proprietor, lessee, or manager of any cotton gin shall procure on or before July 1 of each year from the commissioner a permit to do business as a cotton ginner, the application for which shall be made upon forms to be furnished by the commissioner. The fee for the annual permit shall be established by the Board of Agriculture and Industries not to exceed one hundred dollars ($100), payable to the Commissioner of Agriculture and Industries for deposit to the credit of the Agricultural Fund, which shall accompany the application for the permit. If such permit fee is not paid within 45 days from the due date, a delinquent penalty of 15 percent shall be added.
In the issuance of a permit the commissioner shall consider the responsibility and qualifications, as well as the capacity of the person or persons or corporation to engage in the ginning business, so far as to afford all reasonable facilities, conveniences, and services to the public, and may require the facilities, conveniences, and services to be afforded the public before a permit is granted.
The permit required under this section shall be obtained and the fee therefor paid by any agricultural cooperative association engaged in the operation of a cotton gin, and the exemption allowed such organizations pursuant to Section 2-10-105 or any other exemption statute shall not relieve such cooperative organizations from the requirements of this section.
(Ag. Code 1927, §347; Acts 1935, No. 180, p. 234; Code 1940, T. 2, §172; Acts 1965, No. 401, p. 577; Acts 1979, No. 79-773, p. 1375; Act 2004-516, p. 996, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-19/article-3/section-2-19-62/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 19 - Cotton.›Article 3 - Public Cotton Gins.›Section 2-19-62 - Promulgation of Rules and Regulations by Commissioner. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 19 - Cotton. › Article 3 - Public Cotton Gins. › Section 2-19-62 - Promulgation of Rules and Regulations by Commissioner. | Section 2-19-62
Promulgation of rules and regulations by commissioner.
Power is hereby conferred upon the commissioner, with the approval of the State Board of Agriculture and Industries, to establish rules and regulations not inconsistent with law for the conduct, management and operation of cotton gins, the separation of sand or other foreign material from the lint or seed, the character, amount and weight of bagging and ties to be used, the marking or tagging of cotton, the records to be kept, reports made as to ginning and other like matters that may tend to protect the interests of the public.
(Ag. Code 1927, §348; Code 1940, T. 2, §173.) |
https://law.justia.com/codes/alabama/title-2/chapter-19/article-3/section-2-19-63/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 19 - Cotton.›Article 3 - Public Cotton Gins.›Section 2-19-63 - Enforcement of Rules and Regulations, etc.; Denial or Revocation of Permits. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 19 - Cotton. › Article 3 - Public Cotton Gins. › Section 2-19-63 - Enforcement of Rules and Regulations, etc.; Denial or Revocation of Permits. | Section 2-19-63
Enforcement of rules and regulations, etc.; denial or revocation of permits.
(a) It shall be the duty of the commissioner to enforce the requirements of law relative to cotton gins and to see that all rules and regulations relative to cotton gins that may be established from time to time by him and approved by the State Board of Agriculture and Industries are observed.
(b) The said commissioner shall have power to refuse to issue a permit and to revoke at any time the permit that has been issued to any cotton ginner who fails or refuses to comply with the law or with the rules and regulations of the State Board of Agriculture and Industries.
(c) Any cotton ginner to whom such commissioner refuses to issue a permit or whose permit has been revoked may appeal to the State Board of Agriculture and Industries, which shall consider the matter with as little delay as possible and make such order as may be justified by the facts.
(d) The action of the board in refusing to grant or in revoking any permit may be reviewed by the circuit court of the county in which the cotton gin is located, upon a complaint being filed in said circuit court, accompanied by a bond to be approved by the register or clerk, within 15 days after notice to the applicant or permittee of the board's decision. Such complaint shall be styled in the name of the applicant or permittee as plaintiff against the commissioner, as defendant, and shall set forth the action complained of and request its reversal. It shall be the duty of the commissioner to serve an answer within 30 days after said complaint is served upon him. The case shall be heard de novo by the court and it shall be determined from the evidence whether the refusal or revocation of the permit is or is not justified, and judgment shall be accordingly entered, subject to the right of appeal, which shall lie as in other civil cases, which decision shall be binding upon the parties.
(e) Appeal rights provided in this section shall not suspend the action of the commissioner in the revocation or refusal of a permit.
(Ag. Code 1927, §349; Code 1940, T. 2, §174.) |
https://law.justia.com/codes/alabama/title-2/chapter-19/article-3/section-2-19-64/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 19 - Cotton.›Article 3 - Public Cotton Gins.›Section 2-19-64 - Operation of Gin Without Permit. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 19 - Cotton. › Article 3 - Public Cotton Gins. › Section 2-19-64 - Operation of Gin Without Permit. | Section 2-19-64
Operation of gin without permit.
Any cotton ginner who operates his gin without first securing a permit therefor as provided by this article, or who operates after such permit has been revoked shall be guilty of violating the provisions of this article and, on conviction, shall be fined as for a misdemeanor for each day so operated.
(Ag. Code 1927, §350; Code 1940, T. 2, §175.) |
https://law.justia.com/codes/alabama/title-2/chapter-19/article-4/section-2-19-80/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 19 - Cotton.›Article 4 - Standards and Classing.›Section 2-19-80 - Cotton Standards of United States Adopted. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 19 - Cotton. › Article 4 - Standards and Classing. › Section 2-19-80 - Cotton Standards of United States Adopted. | Section 2-19-80
Cotton standards of United States adopted.
The official cotton standards of the United States, as established and promulgated from time to time by the Secretary of Agriculture of the United States, shall, while they are in effect, be the official cotton standards of this state on which all cotton which is of or within the grades of the said official standards shall be sold in the state.
(Ag. Code 1927, §378; Code 1940, T. 2, §176.) |
https://law.justia.com/codes/alabama/title-2/chapter-19/article-4/section-2-19-81/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 19 - Cotton.›Article 4 - Standards and Classing.›Section 2-19-81 - Grade of Cotton to Be Indicated by Names, Designations, etc., Used in Official Sta... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 19 - Cotton. › Article 4 - Standards and Classing. › Section 2-19-81 - Grade of Cotton to Be Indicated by Names, Designations, etc., Used in Official Standards. | Section 2-19-81
Grade of cotton to be indicated by names, designations, etc., used in official standards.
It shall be unlawful in or in connection with any transaction or transactions in commerce subject to the jurisdiction of this state or in any publication in this state for any person to indicate the grade of any cotton which is of or within the grades of the said official cotton standards by any name, description or designation or any system of names, descriptions or designations not used in said standards, but nothing in this section shall prevent the selling of cotton on types or samples.
(Ag. Code 1927, §379; Code 1940, T. 2, §177.) |
https://law.justia.com/codes/alabama/title-2/chapter-19/article-4/section-2-19-82/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 19 - Cotton.›Article 4 - Standards and Classing.›Section 2-19-82 - Cotton to Be Classed on Request of Storer. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 19 - Cotton. › Article 4 - Standards and Classing. › Section 2-19-82 - Cotton to Be Classed on Request of Storer. | Section 2-19-82
Cotton to be classed on request of storer.
All warehousemen shall obtain the grade and length of staple from the United States Department of Agriculture for the storer of any bale of cotton who makes a written request for the grade and staple and shall stamp the same on the warehouse receipt of the cotton stored. The said storer shall bear the actual cost of the classing or of the classing and stapling of the cotton stored.
(Ag. Code 1927, §387; Code 1940, T. 2, §185.) |
https://law.justia.com/codes/alabama/title-2/chapter-19/article-4/section-2-19-83/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 19 - Cotton.›Article 4 - Standards and Classing.›Section 2-19-83 - Admissibility in Evidence of Certificate of Classification of Cotton. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 19 - Cotton. › Article 4 - Standards and Classing. › Section 2-19-83 - Admissibility in Evidence of Certificate of Classification of Cotton. | Section 2-19-83
Admissibility in evidence of certificate of classification of cotton.
A certificate of classification of cotton issued by the United States Department of Agriculture shall be accepted in all the courts of this state as prima facie evidence of the facts stated therein.
(Ag. Code 1927, §386; Code 1940, T. 2, §184.) |
https://law.justia.com/codes/alabama/title-2/chapter-19/article-5/section-2-19-100/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 19 - Cotton.›Article 5 - Registration of Cotton Buyers.›Section 2-19-100 - Definitions. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 19 - Cotton. › Article 5 - Registration of Cotton Buyers. › Section 2-19-100 - Definitions. | Section 2-19-100
Definitions.
When used in this article, the following words and phrases shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) COMMISSIONER. The Commissioner of Agriculture and Industries.
(2) COTTON PRODUCER. A person who grows cotton.
(3) COTTON BUYER. A person who buys cotton from a producer on a forward contract.
(4) PERSON. An individual, association, partnership, corporation or other private entity.
(Acts 1975, No. 1243, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-19/article-5/section-2-19-101/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 19 - Cotton.›Article 5 - Registration of Cotton Buyers.›Section 2-19-101 - Required. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 19 - Cotton. › Article 5 - Registration of Cotton Buyers. › Section 2-19-101 - Required. | Section 2-19-101
Required.
(a) No person may purchase cotton on a forward contract from a cotton producer without first having registered with the commissioner as a cotton buyer.
(b) It shall be a misdemeanor to violate subsection (a) of this section and, upon conviction, the punishment imposed shall be as prescribed by law.
(Acts 1975, No. 1243, §§2, 6.) |
https://law.justia.com/codes/alabama/title-2/chapter-19/article-5/section-2-19-102/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 19 - Cotton.›Article 5 - Registration of Cotton Buyers.›Section 2-19-102 - Application; Fee. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 19 - Cotton. › Article 5 - Registration of Cotton Buyers. › Section 2-19-102 - Application; Fee. | Section 2-19-102
Application; fee.
(a) Each person who wants to engage in activities in this state which require registration under this article shall file with the commissioner an application for registration.
(b) The application shall include:
(1) The name and address of the applicant; and
(2) The name of each trade association relating to cotton producing and marketing of which the applicant is a member.
(c) The applicant shall submit with each application an application fee established by the Board of Agriculture and Industries not to exceed one hundred twenty dollars ($120).
(Acts 1975, No. 1243, §3; Act 2004-516, p. 996, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-19/article-5/section-2-19-103/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 19 - Cotton.›Article 5 - Registration of Cotton Buyers.›Section 2-19-103 - Registration of Applicant by Commissioner. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 19 - Cotton. › Article 5 - Registration of Cotton Buyers. › Section 2-19-103 - Registration of Applicant by Commissioner. | Section 2-19-103
Registration of applicant by commissioner.
No later than 30 days after the filing of an application for registration as a cotton buyer, the commissioner shall register the applicant.
(Acts 1975, No. 1243, §4.) |
https://law.justia.com/codes/alabama/title-2/chapter-19/article-5/section-2-19-104/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 19 - Cotton.›Article 5 - Registration of Cotton Buyers.›Section 2-19-104 - Duration of Registration. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 19 - Cotton. › Article 5 - Registration of Cotton Buyers. › Section 2-19-104 - Duration of Registration. | Section 2-19-104
Duration of registration.
A registration under this article shall be valid for a period of one year after the date of registration.
(Acts 1975, No. 1243, §2.) |
https://law.justia.com/codes/alabama/title-2/chapter-19/article-5/section-2-19-105/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 19 - Cotton.›Article 5 - Registration of Cotton Buyers.›Section 2-19-105 - Publication, etc., by Commissioner of List of Registered Cotton Buyers. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 19 - Cotton. › Article 5 - Registration of Cotton Buyers. › Section 2-19-105 - Publication, etc., by Commissioner of List of Registered Cotton Buyers. | Section 2-19-105
Publication, etc., by commissioner of list of registered cotton buyers.
The commissioner shall publish a list of all registered cotton buyers and shall provide a copy of the list to interested persons without charge. The list may include the number of years that the person has been registered in this state as a cotton buyer.
(Acts 1975, No. 1243, §5.) |
https://law.justia.com/codes/alabama/title-2/chapter-19/article-5/section-2-19-106/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 19 - Cotton.›Article 5 - Registration of Cotton Buyers.›Section 2-19-106 - Disposition of Funds. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 19 - Cotton. › Article 5 - Registration of Cotton Buyers. › Section 2-19-106 - Disposition of Funds. | Section 2-19-106
Disposition of funds.
All funds collected under this article shall be deposited into the Agricultural Fund of the State Treasury and shall be used for the purpose of administering and enforcing this article.
(Acts 1975, No. 1243, §7; Act 2004-516, p. 996, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-19/article-6/section-2-19-120/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 19 - Cotton.›Article 6 - Boll Weevil Eradication in Cotton.›Section 2-19-120 - Legislative Findings and Purpose. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 19 - Cotton. › Article 6 - Boll Weevil Eradication in Cotton. › Section 2-19-120 - Legislative Findings and Purpose. | Section 2-19-120
Legislative findings and purpose.
The Legislature has found and determined and does hereby declare that the boll weevil is a public nuisance, a pest and a menace to the cotton industry. Due to the interstate nature of boll weevil infestation, it is necessary to secure the cooperation of cotton growers, and other state and federal governments to carry out a program of boll weevil suppression or eradication. The purpose of this article is to secure the suppression or eradication of the boll weevil and to provide for certification of a cotton grower's organization to cooperate with state and federal agencies in the administration of cost-sharing programs for the suppression or eradication of the boll weevil. This article should be liberally construed to achieve these above purposes.
(Acts 1984, 1st Ex. Sess., No. 84-786, p. 170, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-19/article-6/section-2-19-121/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 19 - Cotton.›Article 6 - Boll Weevil Eradication in Cotton.›Section 2-19-121 - Definitions. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 19 - Cotton. › Article 6 - Boll Weevil Eradication in Cotton. › Section 2-19-121 - Definitions. | Section 2-19-121
Definitions.
As used in this article, the following words shall have the meaning stated below, unless the context requires otherwise:
(1) BOLL WEEVIL. Anthonomus grandis Boheman in any stage of development.
(2) CERTIFICATE. A document issued or authorized by the commissioner indicating that a regulated article is not contaminated with boll weevils.
(3) COMMISSIONER. The Commissioner of Agriculture and Industries or his designated representative.
(4) COTTON. Any cotton plant or cotton plant product upon which the boll weevil is dependent for completion of any portion of its life cycle.
(5) HOST. Any plant or plant product upon which the boll weevil is dependent for completion of any portion of its life cycle.
(6) INFESTED. Actually infested with a boll weevil or so exposed to infestation that it would be reasonable to believe that an infestation exists.
(7) PERMIT. A document issued or authorized by the commissioner to provide for the movement of regulated articles to restricted designations for limited handling, utilization, or processing.
(8) PERSON. Any individual, corporation, company, society, or association, or other business entity.
(9) REGULATED ARTICLE. Any article of any character carrying or capable of carrying the boll weevil, including but not limited to, cotton plants, seed cotton, other hosts, gin trash, and mechanical cotton pickers.
(10) BOARD. The State Board of Agriculture and Industries.
(11) COTTON GROWER. Any person who is engaged in and has an economic risk in the business of producing or causing to be produced, for market, cotton.
(12) DEPARTMENT. The Alabama Department of Agriculture and Industries.
(Acts 1984, 1st Ex. Sess., No. 84-786, p. 170, §2.) |
https://law.justia.com/codes/alabama/title-2/chapter-19/article-6/section-2-19-122/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 19 - Cotton.›Article 6 - Boll Weevil Eradication in Cotton.›Section 2-19-122 - Cooperative Programs Authorized. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 19 - Cotton. › Article 6 - Boll Weevil Eradication in Cotton. › Section 2-19-122 - Cooperative Programs Authorized. | Section 2-19-122
Cooperative programs authorized.
The commissioner is hereby authorized and directed to carry out programs to destroy and eliminate boll weevils in this state. The commissioner is authorized to cooperate with any agency of the federal government, any state, any other agency in this state, or any person engaged in growing, processing, marketing, handling cotton, or any group of such persons in this state in programs to effectuate the purposes of this article, and may enter into written agreements to effectuate such purposes. Such agreements may provide for cost sharing, and for division of duties and responsibilities under this article and may include other provisions generally to effectuate the purposes of this article.
(Acts 1984, 1st Ex. Sess., No. 84-786, p. 170, §3.) |
https://law.justia.com/codes/alabama/title-2/chapter-19/article-6/section-2-19-123/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 19 - Cotton.›Article 6 - Boll Weevil Eradication in Cotton.›Section 2-19-123 - Entry of Premises; Eradication Activities; Inspections. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 19 - Cotton. › Article 6 - Boll Weevil Eradication in Cotton. › Section 2-19-123 - Entry of Premises; Eradication Activities; Inspections. | Section 2-19-123
Entry of premises; eradication activities; inspections.
The commissioner shall have authority to enter cotton fields and other premises in order to carry out such activities, including but not limited to, treatment with pesticides, monitoring, and destruction of growing cotton and/or other host plants, as may be necessary to carry out the provisions of this article. The commissioner shall have authority to make inspection of any fields or premises in this state and any property located therein or thereon for the purpose of determining whether such property is infested with the boll weevil. Such inspection and other activities may be conducted at any reasonable daylight hours falling between sunrise and sunset.
(Acts 1984, 1st Ex. Sess., No. 84-786, p. 170, §4.) |
https://law.justia.com/codes/alabama/title-2/chapter-19/article-6/section-2-19-124/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 19 - Cotton.›Article 6 - Boll Weevil Eradication in Cotton.›Section 2-19-124 - Reports of Cotton Growers Required. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 19 - Cotton. › Article 6 - Boll Weevil Eradication in Cotton. › Section 2-19-124 - Reports of Cotton Growers Required. | Section 2-19-124
Reports of cotton growers required.
Every person growing cotton in this state shall furnish to the commissioner on forms supplied by the commissioner, such information as the commissioner may require, concerning the size and location of all commercial cotton fields and of noncommercial patches of cotton grown as ornamentals or for other purposes.
(Acts 1984, 1st Ex. Sess., No. 84-786, p. 170, §5.) |
https://law.justia.com/codes/alabama/title-2/chapter-19/article-6/section-2-19-125/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 19 - Cotton.›Article 6 - Boll Weevil Eradication in Cotton.›Section 2-19-125 - Quarantine. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 19 - Cotton. › Article 6 - Boll Weevil Eradication in Cotton. › Section 2-19-125 - Quarantine. | Section 2-19-125
Quarantine.
The board or the commissioner, in the board's absence, as provided in Sections 2-25-4 and 2-25-5, is empowered to promulgate regulations, quarantining this state, or any portion thereof, and governing the storage or other handling in the quarantined areas of regulated articles and the movement of regulated articles into or from such areas, when he shall determine that such action is necessary, or reasonably appears necessary, to prevent or retard the spread of the boll weevil. The board is also authorized to promulgate regulations governing the movement of regulated articles from other states or portions thereof into this state when such state is known to be infested with the boll weevil. The promulgation of these regulations shall conform in all aspects to the Administrative Procedure Act, Section 41-22-1, et seq.
(Acts 1984, 1st Ex. Sess., No. 84-786, p. 170, §6.) |
https://law.justia.com/codes/alabama/title-2/chapter-19/article-6/section-2-19-126/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 19 - Cotton.›Article 6 - Boll Weevil Eradication in Cotton.›Section 2-19-126 - Authority to Designate Elimination Zones; Authority to Prohibit Planting of Cotto... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 19 - Cotton. › Article 6 - Boll Weevil Eradication in Cotton. › Section 2-19-126 - Authority to Designate Elimination Zones; Authority to Prohibit Planting of Cotton and to Require Participation in Eradication Program. | Section 2-19-126
Authority to designate elimination zones; authority to prohibit planting of cotton and to require participation in eradication program.
The board is authorized to designate by regulation one or more areas of this state as "elimination zones" where boll weevil eradication programs will be undertaken. The board is authorized to promulgate reasonable regulations regarding areas where cotton cannot be planted within an elimination zone when there is reason to believe it will jeopardize the success of the program or present a hazard to public health or safety. The board is authorized to issue regulations prohibiting the planting of noncommercial cotton in such elimination zones, and requiring that all growers of commercial cotton in the elimination zones participate in a program of boll weevil eradication including cost sharing as prescribed in the regulations. Notice of such prohibition and requirement shall be given by publication for one day each week for three successive weeks in a newspaper having general circulation in the affected area. The board is authorized to set by regulation a reasonable schedule of penalty fees to be assessed when growers in designated "elimination zones" do not meet the requirements of regulations issued by the board with respect to reporting of acreage and participation in cost sharing as prescribed by regulation. Such penalty fees shall not exceed a charge of $50.00 per acre. When a grower fails to meet the requirements of regulations promulgated by the board, the commissioner shall have authority in elimination zones to destroy cotton not in compliance with such regulations. Costs incurred by the commissioner may be assessed against the grower.
(Acts 1984, 1st Ex. Sess., No. 84-786, p. 170, §7.) |
https://law.justia.com/codes/alabama/title-2/chapter-19/article-6/section-2-19-127/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 19 - Cotton.›Article 6 - Boll Weevil Eradication in Cotton.›Section 2-19-127 - Authority for Destruction or Treatment of Cotton in Elimination Zones; When Compe... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 19 - Cotton. › Article 6 - Boll Weevil Eradication in Cotton. › Section 2-19-127 - Authority for Destruction or Treatment of Cotton in Elimination Zones; When Compensation Payable. | Section 2-19-127
Authority for destruction or treatment of cotton in elimination zones; when compensation payable.
The commissioner shall have authority to destroy, or in his discretion, to treat with pesticides volunteer or other noncommercial cotton and to establish procedures for the purchase and destruction of commercial cotton in elimination zones when the commissioner deems such action necessary to effectuate the purposes of this article. No payment shall be made by the commissioner to the owner or lessee for the destruction or injury of any cotton which was planted in an elimination zone after publication of notice as provided in this article, or was otherwise handled in violation of this article, or the regulations adopted pursuant thereto. However, the commissioner shall pay for losses resulting from the destruction of cotton which was planted in such zones prior to promulgation of such notice.
(Acts 1984, 1st Ex. Sess., No. 84-786, p. 170, §8.) |
https://law.justia.com/codes/alabama/title-2/chapter-19/article-6/section-2-19-128/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 19 - Cotton.›Article 6 - Boll Weevil Eradication in Cotton.›Section 2-19-128 - Authority to Promulgate Appropriate Regulations. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 19 - Cotton. › Article 6 - Boll Weevil Eradication in Cotton. › Section 2-19-128 - Authority to Promulgate Appropriate Regulations. | Section 2-19-128
Authority to promulgate appropriate regulations.
(a) The board is authorized to promulgate regulations restricting the pasturage of livestock, entry by persons, and location of honeybee colonies in any premises in an elimination zone which have been or are to be treated with pesticides or otherwise treated to cause the eradication of the boll weevil, or in any other area that may be affected by such treatments.
(b) The board shall also have authority to adopt such other rules and regulations as it deems necessary to further effectuate the purposes of this article. All rules and regulations issued under this article shall be adopted and published in accordance with the Administrative Procedure Act, Section 41-22-1 et seq.
(Acts 1984, 1st Ex. Sess., No. 84-786, p. 170, §9.) |
https://law.justia.com/codes/alabama/title-2/chapter-19/article-6/section-2-19-129/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 19 - Cotton.›Article 6 - Boll Weevil Eradication in Cotton.›Section 2-19-129 - Penalties. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 19 - Cotton. › Article 6 - Boll Weevil Eradication in Cotton. › Section 2-19-129 - Penalties. | Section 2-19-129
Penalties.
(a) Any person who shall violate any of the provisions of this article or the regulations promulgated hereunder, or who shall alter, forge or counterfeit, or use without authority, any certificate or permit or other document provided for in this article or in the regulations promulgated hereunder, shall be guilty of a Class C misdemeanor.
(b) Any person who shall, except in compliance with the regulations of the board, move any regulated article into this state from any other state which the board found in such regulations is infested by the boll weevil, shall be guilty of a Class C misdemeanor.
(Acts 1984, 1st Ex. Sess., No. 84-786, p. 170, §10.) |
https://law.justia.com/codes/alabama/title-2/chapter-19/article-6/section-2-19-130/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 19 - Cotton.›Article 6 - Boll Weevil Eradication in Cotton.›Section 2-19-130 - Certification by Board of Cotton Growers' Organization Authorized; Requirements. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 19 - Cotton. › Article 6 - Boll Weevil Eradication in Cotton. › Section 2-19-130 - Certification by Board of Cotton Growers' Organization Authorized; Requirements. | Section 2-19-130
Certification by board of cotton growers' organization authorized; requirements.
(a) The board may certify a cotton growers' organization for the purpose of entering into agreements with the State of Alabama, other states, the federal government, and other parties as may be necessary to carry out the purposes of this article.
(b) In order to be eligible for certification by the board, the cotton growers' organization must demonstrate to the satisfaction of the board that:
(1) It is a nonprofit organization and could qualify as a tax-exempt organization under Section 501(a) of the Internal Revenue Code of 1954 (26 U.S.C. § 501(a)).
(2) Membership in the organization shall be open to all cotton growers in this state.
(3) The organization shall have only one class of members with each member entitled to only one vote.
(c) The organization's board of directors shall be composed as follows:
(1) Two Alabama cotton growers recommended by the Alabama Cotton Commission, to be appointed by the commissioner with the consent of the board.
(2) Two Alabama cotton growers recommended by the Alabama Farmers Federation, to be appointed by the commissioner, with the consent of the board.
(3) Four Alabama cotton growers to be appointed by the commissioner, with the consent of the board.
(4) One representative of state government from this state to be appointed by the commissioner with the consent of the board.
(d) All books and records of account and minutes of proceedings of the organization shall be available for inspection or audit by the commissioner at any reasonable time.
(e) Employees or agents of the growers' organization who handle funds of the organization shall be adequately bonded in an amount to be determined by the commissioner.
(Acts 1984, 1st Ex. Sess., No. 84-786, p. 170, §11; Acts 1992, No. 92-108, p. 178, §2; Acts 1993, No. 93-633, p. 1086, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-19/article-6/section-2-19-131/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 19 - Cotton.›Article 6 - Boll Weevil Eradication in Cotton.›Section 2-19-131 - Certification; Revocation. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 19 - Cotton. › Article 6 - Boll Weevil Eradication in Cotton. › Section 2-19-131 - Certification; Revocation. | Section 2-19-131
Certification; revocation.
Upon determination by the board that the organization meets the requirements of Section 2-19-130, the board shall certify the organization as the official cotton growers' organization. Such certification shall be for the purposes of this article only, and shall not affect other organizations or associations of cotton growers established for other purposes.
The board shall certify only one such organization; provided that the board may revoke the certification of the organization if at any time the organization shall fail to meet the requirements of this article.
The organization so certified above shall be authorized to borrow money or otherwise incur indebtedness and to expend the moneys so acquired for the purpose of destroying and eradicating the boll weevil in Alabama. Any indebtedness created pursuant to this paragraph shall be repaid from the assessments on cotton growers provided for in Section 2-19-132 or from other funds available to the certified organization and shall not constitute a debt of the State of Alabama or any department, agency, political subdivision, official, or employee thereof. Funds so borrowed shall be expended by the certified organization for the purpose of reducing the annual assessment or increasing the number of years over which cotton growers are required to pay assessments.
(Acts 1984, 1st Ex. Sess., No. 84-786, p. 170, §12; Acts 1987, No. 87-624, p. 1110, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-19/article-6/section-2-19-132/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 19 - Cotton.›Article 6 - Boll Weevil Eradication in Cotton.›Section 2-19-132 - Cotton Growers Assessment Referendum Authorized; Assessments Generally. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 19 - Cotton. › Article 6 - Boll Weevil Eradication in Cotton. › Section 2-19-132 - Cotton Growers Assessment Referendum Authorized; Assessments Generally. | Section 2-19-132
Cotton growers assessment referendum authorized; assessments generally.
(a) At the request of the certified organization, the board shall authorize a referendum among cotton growers upon the question of whether an assessment shall be levied upon cotton growers in the state to offset, in whole or in part, the cost of boll weevil or other cotton pest suppression or eradication programs authorized by this article or by any other law of this state.
(b) The assessment levied under this article shall be based upon the number of acres of cotton planted. The amount of the assessment, the period of time for which it shall be levied, and the geographical area to be covered by the assessment shall be determined by the board. In no event shall the amount of the assessment exceed $50 per acre for any growing season.
(c) All affected cotton growers shall be entitled to vote in any such referendum and the board shall determine any questions of eligibility to vote.
(d) If at least two-thirds of those voting vote in favor of the assessment, then the assessment shall be collected by the department from the affected cotton growers.
(e) The assessments collected by the department under this article shall be promptly remitted to the certified organization under such terms and conditions as the commissioner shall deem necessary to ensure that such assessments are used in a sound program of eradication or suppression of the boll weevil or other cotton pests.
(f) The certified organization shall provide to the department an annual audit of its accounts performed by a certified public accountant.
(g) The assessments collected by the department under this article shall not be "state" funds.
(Acts 1984, 1st Ex. Sess., No. 84-786, p. 170, §13; Acts 1993, No. 93-633, p. 1086, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-19/article-6/section-2-19-133/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 19 - Cotton.›Article 6 - Boll Weevil Eradication in Cotton.›Section 2-19-133 - Conduct of Referendum. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 19 - Cotton. › Article 6 - Boll Weevil Eradication in Cotton. › Section 2-19-133 - Conduct of Referendum. | Section 2-19-133
Conduct of referendum.
The arrangements for the management of any referendum held under this article shall be under the direction of the certified organization. The organization shall bear all expenses incurred in conducting the referendum, to include furnishing the ballots and arranging for the necessary poll holders.
(Acts 1984, 1st Ex. Sess., No. 84-786, p. 170, §14.) |
https://law.justia.com/codes/alabama/title-2/chapter-19/article-6/section-2-19-134/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 19 - Cotton.›Article 6 - Boll Weevil Eradication in Cotton.›Section 2-19-134 - Subsequent Referendums. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 19 - Cotton. › Article 6 - Boll Weevil Eradication in Cotton. › Section 2-19-134 - Subsequent Referendums. | Section 2-19-134
Subsequent referendums.
(a) In the event any referendum conducted under this article fails to receive the required number of affirmative votes, the certified organization may, with the consent of the board be authorized to call other referendums.
(b) After the passage of any referendum, the eligible voters shall be allowed, by subsequent referendums, at least every five years, to vote on whether to continue their assessments. All of the requirements for an initial referendum must be met in subsequent referendums.
(Acts 1984, 1st Ex. Sess., No. 84-786, p. 170, §15.) |
https://law.justia.com/codes/alabama/title-2/chapter-19/article-6/section-2-19-135/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 19 - Cotton.›Article 6 - Boll Weevil Eradication in Cotton.›Section 2-19-135 - Failure to Pay Assessments. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 19 - Cotton. › Article 6 - Boll Weevil Eradication in Cotton. › Section 2-19-135 - Failure to Pay Assessments. | Section 2-19-135
Failure to pay assessments.
(a) A cotton grower who fails to pay, when due and upon reasonable notice, any assessment levied under this article, shall be subject to a per acre penalty as established in the board's regulations, in addition to the assessment.
(b) A cotton grower who fails to pay all assessments, including penalties, within 30 days of notice of penalty, shall destroy any cotton plants growing on his acreage which is subject to the assessment. Any such cotton plants which are not destroyed shall be deemed to be a public nuisance, and said public nuisance may be abated in the same manner as any public nuisance. The commissioner, with approval of the Attorney General, and upon the relation of the Attorney General, may apply to the circuit court of the judicial circuit in which the public nuisance is located to have said nuisance condemned and destroyed with all costs of destroying to be taxed against the grower. This injunctive relief shall be available to the commissioner notwithstanding the existence of any other legal remedy and the commissioner shall not be required to file a bond.
(c) All assessments and penalties not paid by the cotton grower within 30 days of notice of penalty shall constitute and operate as a lien until paid, which shall be of equal dignity with liens for taxes owed the state. The commissioner is authorized to collect said assessments and penalties in the same manner as tax liens are collected by the state against delinquent taxpayers.
(Acts 1984, 1st Ex. Sess., No. 84-786, p. 170, §16; Acts 1987, No. 87-624, p. 1110, §2.) |
https://law.justia.com/codes/alabama/title-2/chapter-20/section-2-20-1/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 20 - Corn, Oats, Rye, Wheat, Barley and Cotton Seed Hulls.›Section 2-20-1 - Size, Marking, etc., of Sacks, Bags, etc., in Which Corn, Oats, Rye, Cotton Seed Hu... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 20 - Corn, Oats, Rye, Wheat, Barley and Cotton Seed Hulls. › Section 2-20-1 - Size, Marking, etc., of Sacks, Bags, etc., in Which Corn, Oats, Rye, Cotton Seed Hulls, etc., to Be Sold Generally. | Section 2-20-1
Size, marking, etc., of sacks, bags, etc., in which corn, oats, rye, cotton seed hulls, etc., to be sold generally.
Oats, rye, corn, wheat, barley and cotton seed hulls shall be sold in the following prescribed quantities:
(1) Oats in sacks containing two and one-half and five bushels, weighing, respectively, 80 and 160 net pounds;
(2) Rye and corn in two and two and one-half bushel sacks weighing 112 and 140 pounds net, respectively;
(3) Wheat in two and two and one-half bushel sacks weighing, respectively, 120 and 150 pounds;
(4) Barley in two and three bushel sacks weighing, respectively, 96 and 144 pounds; and
(5) Cotton seed hulls in 100 pound sacks or bags.
Such sacks, bags or packages shall have plainly marked or stenciled thereon in large type and figures the net quantities required by this section and the name and address of the manufacturer or other person responsible for placing the product on the market as well as the grade as established by the State Board of Agriculture and Industries or shall be properly tagged as required by the rules and regulations of the State Board of Agriculture and Industries.
(Ag. Code 1927, §211; Code 1940, T. 2, §137.) |
https://law.justia.com/codes/alabama/title-2/chapter-20/section-2-20-2/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 20 - Corn, Oats, Rye, Wheat, Barley and Cotton Seed Hulls.›Section 2-20-2 - Sale of Corn, Oats, Rye, Cotton Seed Hulls, etc., in Quantities Other Than Prescrib... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 20 - Corn, Oats, Rye, Wheat, Barley and Cotton Seed Hulls. › Section 2-20-2 - Sale of Corn, Oats, Rye, Cotton Seed Hulls, etc., in Quantities Other Than Prescribed by Section 2-20-1 Generally. | Section 2-20-2
Sale of corn, oats, rye, cotton seed hulls, etc., in quantities other than prescribed by Section 2-20-1 generally.
Any person who sells any corn, oats, rye, wheat, barley or cotton seed hulls in sacks or bags, except in quantities respectively prescribed in Section 2-20-1, shall be guilty of a misdemeanor.
(Ag. Code 1927, §210; Code 1940, T. 2, §136.) |
https://law.justia.com/codes/alabama/title-2/chapter-20/section-2-20-3/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 20 - Corn, Oats, Rye, Wheat, Barley and Cotton Seed Hulls.›Section 2-20-3 - Sale of Corn, Oats, Rye, Cotton Seed Hulls, etc., in Bulk; Sale of Grains or Cereal... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 20 - Corn, Oats, Rye, Wheat, Barley and Cotton Seed Hulls. › Section 2-20-3 - Sale of Corn, Oats, Rye, Cotton Seed Hulls, etc., in Bulk; Sale of Grains or Cereals by Producers or Growers Thereof. | Section 2-20-3
Sale of corn, oats, rye, cotton seed hulls, etc., in bulk; sale of grains or cereals by producers or growers thereof.
The provisions of Sections 2-20-1 and 2-20-2 shall apply only when corn, oats, rye, wheat, barley or cotton seed hulls are sold in sacks, bags or other packages and shall not prevent the sale of any of said articles in bulk. The provisions of Sections 2-20-1 and 2-20-2 shall not apply to sales of grains or cereals by the producer or grower of such grains or cereals.
(Ag. Code 1927, §212; Code 1940, T. 2, §138.) |
https://law.justia.com/codes/alabama/title-2/chapter-20/section-2-20-4/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 20 - Corn, Oats, Rye, Wheat, Barley and Cotton Seed Hulls.›Section 2-20-4 - Sale of Mill Oats or Adulterated Corn, Oats, Rye, etc.; Seizure of Adulterated Corn... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 20 - Corn, Oats, Rye, Wheat, Barley and Cotton Seed Hulls. › Section 2-20-4 - Sale of Mill Oats or Adulterated Corn, Oats, Rye, etc.; Seizure of Adulterated Corn, Oats, Rye, etc., Generally. | Section 2-20-4
Sale of mill oats or adulterated corn, oats, rye, etc.; seizure of adulterated corn, oats, rye, etc., generally.
Any person who shall sell what is known to the trade as "mill oats" or like product either by itself or in combination with a commercial feed, as defined in Section 2-21-1, or who shall sell corn, oats, rye, wheat or barley which has been adulterated by means of the addition thereto of screenings, chaff, weed seed, wild oats, "mill oats" or water shall be guilty of a misdemeanor, and the corn, oats, rye, wheat or barley so adulterated shall be subject to seizure and confiscation pursuant to Article 2 of Chapter 2 of this title.
(Ag. Code 1927, §213; Code 1940, T. 2, §139.) |
https://law.justia.com/codes/alabama/title-2/chapter-20/section-2-20-5/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 20 - Corn, Oats, Rye, Wheat, Barley and Cotton Seed Hulls.›Section 2-20-5 - Sale of Barley, Oats, etc., Bleached With Sulphur Fumes; Seizure of Same Generally. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 20 - Corn, Oats, Rye, Wheat, Barley and Cotton Seed Hulls. › Section 2-20-5 - Sale of Barley, Oats, etc., Bleached With Sulphur Fumes; Seizure of Same Generally. | Section 2-20-5
Sale of barley, oats, etc., bleached with sulphur fumes; seizure of same generally.
It shall be unlawful to sell in this state barley, oats or other grains bleached with sulphur fumes whereby damage or inferiority has been concealed or water has been added, and such barley, oats or other grains shall be subject to seizure for confiscation by writ of attachment for condemnation as provided for in this chapter; provided, that barley, oats or other grains bleached by sulphur fumes may be sold in Alabama under such rules and regulations as may be adopted by the State Board of Agriculture and Industries in cases where the bleaching does not conceal damage or inferiority or water has not been added, when the product is plainly and distinctly labeled, "bleached with sulphur fumes."
(Ag. Code 1927, §;214; Code 1940, T. 2, §140.) |
https://law.justia.com/codes/alabama/title-2/chapter-20/section-2-20-6/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 20 - Corn, Oats, Rye, Wheat, Barley and Cotton Seed Hulls.›Section 2-20-6 - Applicability of Laws Relative to Inspection, Suspension From Sale, Seizure, Etc. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 20 - Corn, Oats, Rye, Wheat, Barley and Cotton Seed Hulls. › Section 2-20-6 - Applicability of Laws Relative to Inspection, Suspension From Sale, Seizure, Etc. | Section 2-20-6
Applicability of laws relative to inspection, suspension from sale, seizure, etc.
The provisions of Article 2 of Chapter 2 of this title shall be applicable to the provisions of this chapter. |
https://law.justia.com/codes/alabama/title-2/chapter-21/section-2-21-16/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 21 - Commercial Feeds.›Section 2-21-16 - Short Title. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 21 - Commercial Feeds. › Section 2-21-16 - Short Title. | Section 2-21-16
Short title.
This chapter shall be known as the Alabama Commercial Feed Law of 1978.
(Acts 1978, No. 780, p. 1143, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-21/section-2-21-17/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 21 - Commercial Feeds.›Section 2-21-17 - Definitions. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 21 - Commercial Feeds. › Section 2-21-17 - Definitions. | Section 2-21-17
Definitions.
When used in this chapter or in rules and regulations promulgated thereunder, the following words and terms shall have the meaning ascribed to them, except where the context clearly indicates otherwise:
(1) BRAND NAME. Any word, name, symbol or device, or any combination thereof, identifying the commercial feed of a distributor or licensee and distinguishing it from that of others.
(2) COMMERCIAL FEED. Such term includes customer-formula feed, as this term is used in this chapter, and means any material whether simple, mixed compound, ground, unground, organic or inorganic, used as a feed for animals other than man or any material including minerals, vitamins, antibiotics, anti-oxidants, medicines, drugs, chemicals and other substances, materials or elements, or parts thereof intended for use or used as an ingredient or component of a mixture of materials, used as a feed for animals other than man; provided, that the commissioner, with approval of the board and by regulation, may exempt from this definition or from specific provisions of this chapter, commodities such as unprocessed and unmixed whole seeds, hay, straw, stover, silage, cobs, husks, hulls and individual chemical compounds or substances when such commodities, compounds or substances are not intermixed or mixed with other materials and are not adulterated within the meaning of subdivision (1) of Section 2-21-22.
(3) CONTAINER. Any bag, box, barrel, package, carton, object, apparatus, device, appliance or other container into which commercial feed is packed, stored or placed for handling and transporting.
(4) CONTRACT FEEDER. A person who, as an independent contractor, feeds commercial feed to animals pursuant to a contract whereby such commercial feed is supplied, furnished or otherwise provided to such person and whereby such person's remuneration is determined all or in part by feed consumption, mortality, profits or amount or quality of product. A manufacturer of a "vertical-integrator feed" is not a contract feeder.
(5) CUSTOMER-FORMULA FEED. Commercial feed which consists of a mixture of commercial feeds and/or feed ingredients, each batch of which is manufactured according to the specific instructions of the final purchaser.
(6) DISTRIBUTE. To offer for sale, sell, exchange or barter commercial feed; or to supply, furnish or otherwise provide commercial feed to a contract feeder.
(7) DISTRIBUTOR. Any person who distributes.
(8) DRUG. Any substance intended for use in the diagnosis, cure, mitigation, treatment or prevention of disease in animals other than man and substances other than feed intended to affect the structure or any function of the animal body.
(9) FEED INGREDIENT. Each of the constituent materials making up a commercial feed.
(10) LABEL. A display of written, printed or graphic matter upon or affixed to the container in which a commercial feed is distributed, or on the invoice or delivery slip with which a commercial feed is distributed.
(11) LABELING. All labels and other written, printed or graphic matter
a. Upon a commercial feed or any of its containers or wrapper, or
b. Accompanying such commercial feed.
(12) MANUFACTURE. To grind, mix or blend, or further process, a commercial feed for distribution.
(13) MINERAL FEED. A commercial feed intended to supply primarily mineral elements or inorganic nutrients.
(14) OFFICIAL SAMPLE. A sample of feed taken by the commissioner or his agent in accordance with Section 2-21-26.
(15) PERCENT or PERCENTAGES. Parts per hundred by weight.
(16) PERMITTED ANALYTICAL VARIATION. Allowances for the inherent variability in sampling and in laboratory analyses of guaranteed components, as published by the Association of American Feed Control Officials from time to time in its official publication. Manufacturing variation and their effects on the guaranteed components are not included in such value.
(17) PERSON. Such term includes individual, partnership, corporation, cooperatives and associations.
(18) PET. Any domesticated animal normally maintained in or near the household of the owner thereof.
(19) PET FOOD. Any commercial feed prepared and distributed for consumption by pets.
(20) PRODUCT NAME. The name of the commercial feed which identifies it as to kind, class or specific use.
(21) PURCHASER and CUSTOMER-BUYER. Any person, firm, organization, agency, association or group who buys or otherwise acquires a commercial feed, customer-formula feed or custom-mix or custom-mill services.
(22) SPECIALTY PET. Any domesticated animal pet normally maintained in a cage or tank, such as, but not limited to, gerbils, hamsters, canaries, psittacine birds, mynahs, finches, tropical fish, goldfish, snakes and turtles.
(23) SPECIALTY PET FOOD. Any commercial feed prepared and distributed for consumption by specialty pets.
(24) TON. A net weight of two thousand pounds avoirdupois. The metric ton is a unit of weight equal to one thousand kilograms of 2204.62 pounds avoirdupois.
(25) VERTICAL-INTEGRATOR FEED. A commercial feed manufactured for feeding livestock, poultry or aquatic animals that are owned by the person manufacturing the feed or that are owned by subsidiaries, parents or other business entities associated with the manufacturer through common ownership.
(26) BOARD. The State Board of Agriculture and Industries.
(Acts 1978, No. 780, p. 1143, §3.) |
https://law.justia.com/codes/alabama/title-2/chapter-21/section-2-21-18/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 21 - Commercial Feeds.›Section 2-21-18 - Enforcing Official. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 21 - Commercial Feeds. › Section 2-21-18 - Enforcing Official. | Section 2-21-18
Enforcing official.
This chapter shall be administered by the Commissioner of Agriculture and Industries of the State of Alabama, hereinafter referred to as the "commissioner."
(Acts 1978, No. 780, p. 1143, §2.) |
https://law.justia.com/codes/alabama/title-2/chapter-21/section-2-21-19/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 21 - Commercial Feeds.›Section 2-21-19 - Licensing. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 21 - Commercial Feeds. › Section 2-21-19 - Licensing. | Section 2-21-19
Licensing.
(a) No person shall manufacture or sell a commercial feed in this state, unless he or she has filed with the commissioner on forms provided by the commissioner, his or her name, place of business, and location of each manufacturing facility from which feed may be shipped within or into this state.
(b) The person shall apply for and obtain from the commissioner a license authorizing the sale and distribution of commercial feed. The application for a license shall be accompanied by the fee hereinafter required and shall be on forms furnished by the commissioner which shall contain such information as is necessary for the issuance of the license. All licensing shall expire on December 31 of each year and shall be renewed annually as of January 1 upon the filing of an application and payment of the required license fee. The license fee shall be based upon the number of tons of commercial feed sold or distributed in this state during the preceding 12-month period ending December 31. The amount of the license fee shall be established by the Board of Agriculture and Industries within the range as set out in the following schedule:
Tons Sold
License Fee
Less than 250 tons ....
$ 30.00- 45.00
250 tons or more but less than 500 tons ....
60.00 - 90.00
500 tons or more but less than 1,000 tons ....
200.00 - 300.00
1,000 tons or more but less than 2,000 tons ....
250.00 - 375.00
2,000 tons or more but less than 4,000 tons ....
300.00 - 450.00
4,000 tons or more but less than 8,000 tons ....
350.00 - 575.00
8,000 tons or more ....
400.00 - 750.00
If the license fee is not paid within a period of 30 days after the date on which payment thereof is due, a delinquent penalty of 10 percent of the total amount due or a minimum amount of $10.00 shall be added to the license fee. The license fee due hereunder, and any delinquent penalty, shall constitute a debt and becomes the basis of judgment against the person required to obtain the license if not paid as herein required. The amount of the license fee required to be paid by persons not previously distributing commercial feed into this state shall be the minimum fee of $30.00 for a license also expiring on December 31 following the date of issuance at which time the license shall be renewable in accordance with this subsection.
(c) In the event of sale or other transfer of ownership of a commercial feed manufacturing or sale facility by a person who has a license as required in this section, the license shall be transferred to the new owner, provided, that the amount of such new owner's license required on January 1 shall be governed by the amount of the person's previous sales from which the license was transferred.
It is hereby intended that every person who manufactures or formulates or labels any commercial feed which is sold in or for importation into this state, or any person who labels any such commercial feed and sells it in or for importation into this state, whether manufactured by such person or not, shall be required to procure a license and pay the fee therefor as herein required.
(d) Pursuant to rules and regulations, any person making application for a license as required in subsection (b) of this section shall place on file with the commissioner the label for each brand of feed which the person may sell, offer for sale, or distribute for sale in this state. The label so filed with the commissioner shall be the official label for the commercial feed sold, offered for sale, or distributed for sale in this state. Any commercial feed sold, offered for sale, or distributed for sale with a label not on file or at variance with the official label shall be deemed misbranded and subject to the penalties of this chapter.
(e) The commissioner is empowered to refuse or cancel the license of any manufacturer whose commercial feed is not in compliance with the provisions of this chapter or to prevent the sale, offering for sale, or distribution for sale of any commercial feed determined by official action to be harmful, detrimental, or of no value when used in accordance with the label directions; provided, that no action under this section shall be final until the manufacturer shall have been given an opportunity to be heard before the commissioner.
(Acts 1978, No. 780, p. 1143, §4; Act 2004-516, p. 996, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-21/section-2-21-20/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 21 - Commercial Feeds.›Section 2-21-20 - Labeling. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 21 - Commercial Feeds. › Section 2-21-20 - Labeling. | Section 2-21-20
Labeling.
A commercial feed, regardless of the container in which it is shipped or sold, shall be labeled as follows:
(1) In case of a commercial feed, except a customer-formula feed, it shall be accompanied by a label bearing the following information:
a. The net weight.
b. The product name and the brand name, if any, under which the commercial feed is distributed.
c. The guaranteed analysis stated in such terms as the commissioner by regulation determines is required to advise the user of the composition of the feed or to support claims made in the labeling. In all cases, the substances or elements must be determinable by laboratory methods such as the methods published by the Association of Official Analytical Chemists.
d. The common or usual name of each ingredient used in the manufacture of the commercial feed; provided, that the commissioner, by regulation, may permit the use of a collective term for a group of ingredients which perform a similar function, or he may exempt such commercial feeds, or any group thereof, from this requirement of an ingredient statement if he finds that such statement is not required in the interest of consumers.
e. The name and principal mailing address of the manufacturer or the person responsible for distributing the commercial feed.
f. Adequate directions for use for all commercial feeds containing drugs and for such other feeds as the commissioner may require by regulation as necessary for their safe and effective use.
g. Such precautionary statements as the commissioner by regulation determines are necessary for the safe and effective use of the commercial feed.
(2) In the case of a customer-formula feed, it shall be accompanied by a label, invoice, delivery slip or other shipping document, bearing the following information:
a. Name and address of the manufacturer.
b. Name and address of the purchaser.
c. Date of delivery.
d. The product name and brand name, if any, the net weight of each commercial feed used in the mixture and the net weight of each other ingredient used.
e. Adequate directions for use for all customer-formula feeds containing drugs and for such other feeds as the commissioner may require by regulation as necessary for their safe and effective use.
f. Such precautionary statements as the commissioner by regulation determines are necessary for the safe and effective use of the customer-formula feed.
(3) In the case of a "vertical-integrator feed" all the conditions specified under subdivision (2) of this section for the customer-formula feed will apply except that the records will be kept at the place of manufacture and need not accompany the feed as it is transported to point of use, except as required by the Federal Food, Drug and Cosmetic Act (21 U.S.C. Section 301, et seq.).
(Acts 1978, No. 780, p. 1143, §5.) |
https://law.justia.com/codes/alabama/title-2/chapter-21/section-2-21-21/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 21 - Commercial Feeds.›Section 2-21-21 - Misbranding. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 21 - Commercial Feeds. › Section 2-21-21 - Misbranding. | Section 2-21-21
Misbranding.
A commercial feed shall be deemed to be misbranded:
(1) If its labeling is false or misleading in any particular;
(2) If it is distributed under the name of another commercial feed;
(3) If it is not labeled as required in Section 2-21-20;
(4) If it purports to be or is represented as a commercial feed, or if it purports to contain or is represented as containing a commercial feed ingredient, unless such commercial feed or feed ingredient conforms to the definition, if any, prescribed by regulation by the commissioner; or
(5) If any word, statement or other information required by or under authority of this chapter to appear on the label or labeling is not prominently placed thereon with such conspicuousness (as compared with other words, statements, designs or devices in the labeling) and in such terms as to render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use.
(Acts 1978, No. 780, p. 1143, §6.) |
https://law.justia.com/codes/alabama/title-2/chapter-21/section-2-21-22/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 21 - Commercial Feeds.›Section 2-21-22 - Adulteration. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 21 - Commercial Feeds. › Section 2-21-22 - Adulteration. | Section 2-21-22
Adulteration.
A commercial feed shall be deemed to be adulterated:
(1) If it bears or contains any poisonous or deleterious substance which may render it injurious to health; but in case the substance is not an added substance, such commercial feed shall not be considered adulterated under this subdivision if the quantity of such substance in such commercial feed does not ordinarily render it injurious to health; or
(2) If it bears or contains any added poisonous, added deleterious or added nonnutritive substance which is unsafe within the meaning of Section 406 of the Federal Food, Drug and Cosmetic Act (other than one which is a. a pesticide chemical in or on a raw agricultural commodity; or b. a food additive); or
(3) If it is, or it bears or contains any food additive which is unsafe within the meaning of Section 409 of the Federal Food, Drug and Cosmetic Act; or
(4) If it is a raw agricultural commodity and it bears or contains a pesticide chemical which is unsafe within the meaning of Section 408(a) of the Federal Food, Drug and Cosmetic Act; provided, that where a pesticide chemical has been used in or on a raw agricultural commodity in conformity with an exemption granted or a tolerance prescribed under Section 408 of the Federal Food, Drug and Cosmetic Act and such raw agricultural commodity has been subjected to processing such as canning, cooking, freezing, dehydrating or milling, the residue of such pesticide chemical remaining in or on such processed feed shall not be deemed unsafe if such residue in or on the raw agricultural commodity has been removed to the extent possible in good manufacturing practice and the concentration of such residue in the processed feed is not greater than the tolerance prescribed for the raw agricultural commodity unless the feeding of such processed feed will result or is likely to result in a pesticide residue in the edible product of the animal, which is unsafe within the meaning of Section 408(a) of the Federal Food, Drug and Cosmetic Act; or
(5) If it is, or it bears or contains any color additive which is unsafe within the meaning of Section 706 of the Federal Food, Drug and Cosmetic Act; or
(6) If any valuable constituent has been in whole or in part omitted or abstracted therefrom or any less valuable substance substituted therefor; or
(7) If its composition or quality falls below or differs from that which it is purported or is represented to possess by its labeling; or
(8) If it contains a drug and the methods used in or the facilities or controls used for its manufacture, processing or packaging do not conform to current good manufacturing practice regulations promulgated by the commissioner to assure that the drug meets the requirement of this chapter as to safety and has the identity and strength and meets the quality and purity characteristics which it purports or is represented to possess. In promulgating such regulations, the commissioner shall adopt the current good manufacturing practice regulations for medicated feed premixes and for medicated feeds established under authority of the Federal Food, Drug and Cosmetic Act, unless he determines that they are not appropriate to the conditions which exist in this state; or
(9) If it contains viable weed seeds in amounts exceeding the limits which the commissioner shall establish by rule or regulation.
(Acts 1978, No. 780, p. 1143, §7.) |
https://law.justia.com/codes/alabama/title-2/chapter-21/section-2-21-23/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 21 - Commercial Feeds.›Section 2-21-23 - Prohibited Acts. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 21 - Commercial Feeds. › Section 2-21-23 - Prohibited Acts. | Section 2-21-23
Prohibited acts.
The following acts and the causing thereof within the State of Alabama are hereby prohibited:
(1) The manufacture or distribution of any commercial feed that is adulterated or misbranded.
(2) The adulteration or misbranding of any commercial feed.
(3) The distribution of agricultural commodities such as whole seed, hay, straw, stover, silage, cobs, husks and hulls, which are adulterated within the meaning of subdivision (1) of Section 2-21-22.
(4) The removal or disposal of a commercial feed in violation of an order under Section 2-21-27.
(5) The failure or refusal to obtain a license in accordance with Section 2-21-19.
(6) The violation of Section 2-21-30.
(7) Failure to pay inspection fees and file reports as required by Section 2-21-24.
(Acts 1978, No. 780, p. 1143, §8.) |
https://law.justia.com/codes/alabama/title-2/chapter-21/section-2-21-24/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 21 - Commercial Feeds.›Section 2-21-24 - Inspection Fee; Quarterly Statement; Disposition of Fees; Overpayments. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 21 - Commercial Feeds. › Section 2-21-24 - Inspection Fee; Quarterly Statement; Disposition of Fees; Overpayments. | Section 2-21-24
Inspection fee; quarterly statement; disposition of fees; overpayments.
(a) An inspection fee established by the Board of Agriculture and Industries not to exceed twenty-five cents ($.25) per ton shall be paid on commercial feeds by every person who distributes the commercial feed in this state, exempting bulk grain; except that:
(1) The inspection fee shall be paid only once on any commercial feed, feed ingredients, customer-formula feeds or parts thereof. Commercial feeds, feed ingredients, customer-formula feeds or parts thereof on which the inspection fee has not been paid by the distributor or previous distributor shall be subject to the inspection fee.
(2) No fee shall be paid on "vertical-integrator feed" or on the ingredient used to manufacture a "vertical-integrator feed." Any services the Department of Agriculture and Industries provides manufacturers of "vertical-integrator feed" in relation to this chapter shall be paid for according to fees established by the board.
(3) In the case of a commercial feed distributed in this state in packages or containers of ten pounds or less, an annual fee established by the Board of Agriculture and Industries not to exceed one hundred dollars ($100) per product shall be paid to the benefit of the Agricultural Fund in lieu of the inspection fee specified above.
(b) Each person who is liable for the payment of such fee also shall:
(1) File, not later than the last day of January, April, July, and October of each year, a quarterly statement, setting forth the number of net tons of commercial feeds distributed in this state during the preceding calendar quarter. Upon filing the quarterly statement, the person shall pay the inspection fee at the rate stated in subsection (a). Inspection fees which have not been paid to the commissioner within 15 days following the date due shall have a penalty fee of 15 percent (minimum $15.00) added to the amount due. The assessment of this penalty fee shall not prevent the commissioner from taking other actions as provided in this chapter.
(2) Keep records as may be necessary or required by the commissioner to indicate accurately the tonnage of commercial feed distributed in this state. The commissioner may examine the records to verify statements of tonnage. Failure to make an accurate statement of tonnage or to pay the inspection fee or comply as provided herein shall constitute sufficient cause for the cancellation of the licenses on file for the distributor.
(c) Fees collected pursuant to this section, including license fees collected under Section 2-21-19, shall be deposited to the credit of the Agricultural Fund of the State Treasury for the regulatory duties of the Department of Agriculture and Industries.
(d) Amounts improperly or illegally collected under this chapter as overpayments may be refunded to the person entitled thereto in accordance with Section 2-1-6.
(Acts 1978, No. 780, p. 1143, §9; Acts 1979, No. 79-310, p. 463; Act 2004-516, p. 996, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-21/section-2-21-25/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 21 - Commercial Feeds.›Section 2-21-25 - Rules and Regulations. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 21 - Commercial Feeds. › Section 2-21-25 - Rules and Regulations. | Section 2-21-25
Rules and regulations.
(a) The commissioner, with the approval of the board, is authorized to promulgate such rules and regulations for commercial feeds and pet foods as are specifically authorized in this chapter and such other reasonable rules and regulations as may be necessary for the efficient enforcement of this chapter. In the interest of uniformity, the commissioner shall, by regulations, adopt, unless he determines that they are inconsistent with the provisions of this chapter or are not appropriate to conditions which exist in this state, the following:
(1) The official definitions of feed ingredients and official feed terms adopted by the Association of American Feed Control Officials and published in the official publication of that organization; and
(2) Any regulation promulgated pursuant to the authority of the Federal Food, Drug and Cosmetic Act (21 U.S.C. Section 301, et seq.); provided, that the commissioner, with the approval of the board, would have the authority under this chapter to promulgate such regulations.
(b) Before the issuance, amendment or repeal of any rule or regulation authorized by this chapter, the commissioner shall give adequate notice of the proposed regulation, amendment or notice to repeal an existing regulation in a manner reasonably calculated to give interested parties including all current licensees, adequate notice and shall afford all interested persons an opportunity to present their views thereon, orally or in writing, within a reasonable period of time. After consideration of all views presented by interested persons, the commissioner, with approval of the board, shall take appropriate action to adopt and promulgate the proposed rule or regulation or to amend or repeal an existing rule or regulation. The provisions of this subsection notwithstanding, if the commissioner, pursuant to the authority of this chapter, adopts the official definitions of feed ingredient or official feed terms as adopted by the Association of American Feed Control Officials, or regulations promulgated pursuant to the authority of the Federal Food, Drug and Cosmetic Act, any amendment or modification adopted by said association or by the Secretary of Health, Education and Welfare in the case of regulations promulgated pursuant to the Federal Food, Drug and Cosmetic Act, shall be adopted automatically under this chapter without regard to the publication of the notice required by this subsection, unless the commissioner, by order, specifically determines that said amendment or modification shall not be adopted.
(Acts 1978, No. 780, p. 1143, §10.) |
https://law.justia.com/codes/alabama/title-2/chapter-21/section-2-21-26/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 21 - Commercial Feeds.›Section 2-21-26 - Inspection, Sampling, and Analysis. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 21 - Commercial Feeds. › Section 2-21-26 - Inspection, Sampling, and Analysis. | Section 2-21-26
Inspection, sampling, and analysis.
(a) For the purpose of enforcement of this chapter and in order to determine whether its provisions have been complied with, including whether or not any operations may be subject to such provisions, officers or employees duly designated by the commissioner, upon presenting appropriate credentials to the owner, operator, or agent in charge, are authorized:
(1) To enter, during normal business hours, any factory, warehouse, or establishment within the state in which commercial feeds are manufactured, processed, packed, or held for distribution, or to enter any vehicle being used to transport or hold such feeds; and
(2) To inspect at reasonable times and within reasonable limits and in a reasonable manner, such factory, warehouse, establishment, or vehicle and all pertinent equipment, finished and unfinished materials, containers, and labeling therein. The inspection may include the verification of only such records, and production and control procedures as may be necessary to determine compliance with the good manufacturing practice regulations established under subdivision (4) of Section 2-21-22.
(b) Each inspection shall be commenced and completed with reasonable promptness. Upon completion of the inspection, the person in charge of the facility or vehicle shall be so notified and presented a copy of the inspection report, which will include a record of all samples taken.
(c) If the officer or employee making such inspection of a factory, warehouse, or other establishment has obtained a sample in the course of the inspection, upon completion of the inspection and prior to leaving the premises the officer or employee shall offer to leave with the owner-operator, or agent in charge, a duplicate sample.
(d) If the owner of any factory, warehouse, or establishment described in subsection (a), or his or her agent, refuses to admit the commissioner or his or her agent to inspect in accordance with subsections (a) and (b), the commissioner is authorized to obtain from any state court a warrant directing such owner or his or her agent to submit the premises described in such warrant to inspection.
(e) For the purpose of the enforcement of this chapter, the commissioner or the duly designated agent of the commissioner is authorized to enter upon any public or private premises including any vehicle of transport during regular business hours to have access to, to obtain samples, and to examine records relating to distribution of commercial feeds.
(f) Sampling and analysis shall be conducted in accordance with methods published by the Association of Official Analytical Chemists, or in accordance with other generally recognized methods approved by the commissioner. Testing and analysis may be performed as otherwise authorized in Section 2-2-33.
(g) The results of all analyses of official samples revealing deficiencies shall be forwarded by the commissioner to the person named on the label and to the purchaser when he or she can be located. When the inspection and analysis of an official sample indicates a commercial feed is in violation of the provisions of this chapter and upon request within 30 days following receipt of the analysis, the commissioner shall furnish to the licensee a portion of the sample concerned.
(h) The commissioner, in determining for administrative purposes whether a commercial feed is deficient in any component, shall be guided by the permitted analytical variation as defined in subdivision (16) of Section 2-21-17 and obtained and analyzed as provided for in subsections (c), (e) and (f) of this section.
(i) Penalties may be invoked if the analysis of a sample shows a deviation from permitted analytical variation established by the commissioner and established in rules and regulations promulgated pursuant to this chapter.
(j) For repeated or flagrant violations, the commissioner may cancel the manufacturer's license.
(k) Samples and portions of samples shall be retained according to sample retention times established by the commissioner in the rules and regulations.
(Acts 1978, No. 780, p. 1143, §11; Act 2015-262, §2.) |
https://law.justia.com/codes/alabama/title-2/chapter-21/section-2-21-27/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 21 - Commercial Feeds.›Section 2-21-27 - Stop Sale Orders, Seizure and Condemnation. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 21 - Commercial Feeds. › Section 2-21-27 - Stop Sale Orders, Seizure and Condemnation. | Section 2-21-27
Stop sale orders, seizure and condemnation.
When the commissioner or his duly authorized agent has reasonable cause to believe that any lot or other quantity of commercial feed is being distributed, sold or offered for sale or kept for sale in violation of any of the requirements of this chapter or rules or regulations adopted under this chapter, he may issue and enforce a written or printed "stop sale" or "suspension from sale" order warning the distributor not to dispose of the lots of commercial feed in the manner as provided by Section 2-2-30. Any lot or other quantity of commercial feed not in compliance with this chapter or rules and regulations adopted thereunder shall also be subject to seizure and condemnation on complaint of the commissioner filed in the circuit court in accordance with the procedure and requirements of Sections 2-2-31 and 2-2-32.
(Acts 1978, No. 780, p. 1143, §12.) |
https://law.justia.com/codes/alabama/title-2/chapter-21/section-2-21-28/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 21 - Commercial Feeds.›Section 2-21-28 - Short Weight. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 21 - Commercial Feeds. › Section 2-21-28 - Short Weight. | Section 2-21-28
Short weight.
If any commercial feed in the possession of or consigned to the purchaser is found by the commissioner to be short in weight, the licensee who manufactures or distributes said commercial feed shall, within 30 days after an official notice from the commissioner, pay to the purchaser a penalty equal to four times the value of the actual shortage. The commissioner, by regulation and with approval of the board may allow reasonable tolerances for short weight due to loss through handling and transportation.
(Acts 1978, No. 780, p. 1143, §13.) |
https://law.justia.com/codes/alabama/title-2/chapter-21/section-2-21-29/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 21 - Commercial Feeds.›Section 2-21-29 - Feed Deficiency Penalties. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 21 - Commercial Feeds. › Section 2-21-29 - Feed Deficiency Penalties. | Section 2-21-29
Feed deficiency penalties.
If a commercial feed is found to be deficient in a constituent guaranteed on the label by more than one "permitted analytical variation," a monetary penalty is assessed in an amount equal to five percent of the purchase price of the product and 10 percent for each additional "permitted analytical variation deficiency." An exception to this penalty rate will apply for nutrients in commercial feeds where the level in the feed is guaranteed to be one and one-half percent or less. If these nutrients are found to be deficient by one "permitted analytical variation," a monetary penalty is assessed in the amount of two percent of the purchase price and two percent for each additional "permitted analytical variation." The total penalty assessed under this section for major and minor constituents shall not exceed 25 percent of the selling price of the feed, with a minimum penalty of $10.00.
Penalties assessed under this section shall be paid by the guarantor of the feed to the consumer of the feed within 60 days from the date of notice if the consumer can be identified and located. The commissioner shall be notified of such payment in a form and manner prescribed in rules and regulations. When the consumer cannot be identified and located, then the penalty shall be paid to the commissioner for deposit to the credit of the Agricultural Fund of the State Treasury.
(Acts 1978, No. 780, p. 1143, §14.) |
https://law.justia.com/codes/alabama/title-2/chapter-21/section-2-21-30/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 21 - Commercial Feeds.›Section 2-21-30 - Recovery of Short Weight and Feed Deficiency Penalties. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 21 - Commercial Feeds. › Section 2-21-30 - Recovery of Short Weight and Feed Deficiency Penalties. | Section 2-21-30
Recovery of short weight and feed deficiency penalties.
In any case wherein the licensee fails or refuses to make payment of a penalty to the purchaser within the time required, the purchaser may institute legal action against the licensee for the recovery of such penalty as provided in Sections 2-21-28 and 2-21-29. Any judgment against the licensee shall be double the amount of the penalty and shall include a reasonable attorney's fee and court costs. In cases where the licensee is required to pay the amount of any penalty to the commissioner for deposit to the credit of the Agricultural Fund, and the licensee fails or refuses to make such payment within the time required, the commissioner may institute legal action in a court of competent jurisdiction for collection of the amount of the penalty upon 10 days' notice to the licensee following the 60 day payment period.
(Acts 1978, No. 780, p. 1143, §15.) |
https://law.justia.com/codes/alabama/title-2/chapter-21/section-2-21-31/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 21 - Commercial Feeds.›Section 2-21-31 - Penalties for Violations of Chapter or Rules and Regulations; Injunctive Relief; W... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 21 - Commercial Feeds. › Section 2-21-31 - Penalties for Violations of Chapter or Rules and Regulations; Injunctive Relief; Warning Notices. | Section 2-21-31
Penalties for violations of chapter or rules and regulations; injunctive relief; warning notices.
(a) Penalties. Any person who shall violate any of the provisions of this chapter or who fails to perform any duty or requirement imposed by the provisions of this chapter or who violates any rule or regulation duly promulgated under this chapter or who shall sell or offer for sale or distribute for sale any commercial feed in violation of the requirements of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished as now prescribed by law for such an offense. Fines paid for such violations shall be deposited in the State Treasury to the credit of the Agricultural Fund.
(b) Injunctive relief. In addition to the penalty provided hereunder, the commissioner may apply by petition or complaint to the circuit court, and such court, or any judge thereof, shall have jurisdiction and for cause shown to grant a temporary or permanent injunction, or both, restraining and enjoining any person from violating or continuing to violate any of the provisions and requirements of this chapter or any rule or regulation promulgated under authority of this chapter. Such injunction shall be issued without bond. Petitions for injunctive relief as authorized hereunder shall be filed in the circuit court of the county of residence of the defendant or in the county where such violation or violations occurred.
(c) Warning notices. Nothing in this chapter shall be construed as requiring the commissioner or his representative to:
(1) Report for prosecution;
(2) Institute seizure proceedings; or
(3) Issue a withdrawal from distribution order as a result of minor violations of this chapter,
when he believes the public interest will best be served by suitable notice of warning in writing.
(Acts 1978, No. 780, p. 1143, §16.) |
https://law.justia.com/codes/alabama/title-2/chapter-21/section-2-21-32/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 21 - Commercial Feeds.›Section 2-21-32 - Protection of Trade Secrets. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 21 - Commercial Feeds. › Section 2-21-32 - Protection of Trade Secrets. | Section 2-21-32
Protection of trade secrets.
Any person who seeks to his own advantage, or reveals to other than the commissioner or officers of the commissioner (appropriate department of the state), or to the court when relevant in any judicial proceeding, any information acquired under the authority of this chapter concerning any method, record, formulation or processes which, as a trade secret, is entitled to protection, is guilty of a misdemeanor and shall, on conviction thereof, be fined not less than $500.00 or imprisoned for not more than six months or both; provided, that this prohibition shall not be deemed as prohibiting the commissioner or his duly authorized agent from exchanging information of a regulatory nature with duly appointed officials of the United States government or all other states who are similarly prohibited by law from revealing this information.
(Acts 1978, No. 780, p. 1143, §17.) |
https://law.justia.com/codes/alabama/title-2/chapter-21/section-2-21-33/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 21 - Commercial Feeds.›Section 2-21-33 - Cooperation With Other Entities. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 21 - Commercial Feeds. › Section 2-21-33 - Cooperation With Other Entities. | Section 2-21-33
Cooperation with other entities.
The commissioner may cooperate with and enter into agreements with governmental agencies of this state, other states, agencies of the federal government and private associations in order to carry out the purpose and provisions of this chapter.
(Acts 1978, No. 780, p. 1143, §18.) |
https://law.justia.com/codes/alabama/title-2/chapter-21/section-2-21-34/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 21 - Commercial Feeds.›Section 2-21-34 - Publication of Certain Information. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 21 - Commercial Feeds. › Section 2-21-34 - Publication of Certain Information. | Section 2-21-34
Publication of certain information.
The commissioner may publish annually, in such forms as he may deem proper, information concerning the sales of commercial feeds, together with such data on their production and use as he may consider advisable; provided, that the information concerning production and use of commercial feed shall not disclose the operations of any persons.
(Acts 1978, No. 780, p. 1143, §19.) |
https://law.justia.com/codes/alabama/title-2/chapter-22/section-2-22-1/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 22 - Fertilizer.›Section 2-22-1 - Short Title. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 22 - Fertilizer. › Section 2-22-1 - Short Title. | Section 2-22-1
Short title.
This chapter shall be known as the Alabama Fertilizer Law of 1969.
(Acts 1969, No. 434, p. 840, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-22/section-2-22-2/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 22 - Fertilizer.›Section 2-22-2 - Definitions. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 22 - Fertilizer. › Section 2-22-2 - Definitions. | Section 2-22-2
Definitions.
When used in this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) COMMERCIAL FERTILIZER. Any substance containing one or more recognized plant nutrients which is used for its plant nutrient content and which is designed for use or claimed to have value in promoting plant growth, except unmanipulated animal and vegetable manures, marl, lime, limestone, basic slag, gypsum and other materials or products regulated under Chapter 23 of this title. Such term shall include fertilizer material as defined in subdivision (2) of this section, and the provisions and requirements of this chapter applicable to commercial fertilizer shall also apply to fertilizer material.
(2) FERTILIZER MATERIAL. A commercial fertilizer containing one or more of the recognized plant nutrients, which is used primarily for its plant nutrient content and which either:
a. Contains important quantities of no more than one of the primary plant nutrients (nitrogen, phosphorus and potassium);
b. Has approximately 85 percent of its plant nutrient content present in the form of a single chemical compound; or
c. Is derived from a plant or animal residue or by-product or a natural material deposit which has been processed in such a way that its content of primary plant nutrients has not been materially changed except by purification and concentration.
(3) BULK FERTILIZERS. Commercial fertilizer distributed to the purchaser in a solid or fluid state in a nonpackaged form.
(4) BRAND. A term, design or trademark used in connection with one or several grades of commercial fertilizer or fertilizer material.
(5) GUARANTEED ANALYSIS. The minimum percentage of plant nutrients claimed in the following order and form:
a. Total nitrogen (N) .............................................. percent
Available phosphorus (P2O5) ............................... percent
Soluable potassium (K2O) .................................... percent
b. For unacidulated mineral phosphatic materials the guaranteed analysis shall express both total and available phosphorus and/or the degree of fineness. For bone, tankage and other organic phosphatic materials, the guaranteed analysis shall express total phosphorus.
c. Guarantees for plant nutrients other than nitrogen, available phosphorus and soluble potassium may be permitted or required by regulation of the board. The guarantees for such other nutrients shall be expressed in the form of the element. The sources of such other nutrients (oxides, salt, chelates, etc.) may be required to be stated on the label. Other beneficial substances or compounds determinable by laboratory methods also may be guaranteed by permission of the commissioner with approval of the State Board of Agriculture and Industries with the advice of Directors of the Agricultural Experiment Station and the Cooperative Extension Service. When any plant nutrients or other substances or compounds are guaranteed, they shall be subject to inspection and analysis in accord with the methods and regulations prescribed by the board.
d. At any time after October 1, 1969, when the State Board of Agriculture and Industries finds after public hearing following due notice that the requirements for expressing the guaranteed analysis of phosphorus and potassium in elemental form would not impose an economic hardship on distributors and users of fertilizer by reason of conflicting labeling requirements among the states, it may require by regulation thereafter that the guaranteed analysis shall be in the following form:
Total nitrogen (N) .............................................. percent
Available phosphorus (P) .................................. percent
Soluable potassium (K) ..................................... percent
The effective date of said regulation shall be not less than six months following the issuance thereof, and, for a period of two years following the effective date of said regulation, the equivalent of phosphorus and potassium may also be shown in the form of P2O5 and K2O. After the effective date of a regulation issued under the provisions of this section requiring that phosphorus and potassium be shown in the elemental form, the guaranteed analysis for nitrogen, phosphorus and potassium shall constitute the grade.
(6) GRADE. The percentages of total nitrogen, available phosphorus and soluble potassium stated in whole numbers in the same terms, order and percentages as in the guaranteed analysis; provided, that fertilizer materials, bone meal, manures and similar raw materials may be guaranteed in fractional units.
(7) OFFICIAL SAMPLE. Any sample of commercial fertilizer or fertilizer material taken by the commissioner or his agent as prescribed in Section 2-22-11 and designated as official by the commissioner.
(8) TON. A net weight of 2,000 pounds avoirdupois.
(9) PERCENT and PERCENTAGE. The percentage by weight.
(10) PERSON. Any individual, partnership, association, firm, corporation or any combination thereof.
(11) DISTRIBUTOR. Any person who imports, consigns, manufactures, produces, compounds, mixes or blends commercial fertilizer or fertilizer material or who offers for sale, sells, barters or otherwise supplies commercial fertilizer or fertilizer material in this state or for use in this state.
(12) LICENSEE. A person who has been issued a license to manufacture and sell commercial fertilizer and fertilizer material under the requirements of Section 2-22-5.
(13) BOARD. The State Board of Agriculture and Industries.
(14) COMMERCIAL VALUE. The value per unit of plant nutrient in dollars and cents as ascertained and published by the commissioner under the provisions of Section 2-22-14, which values shall be used in computing the dollar rates of penalties provided in this chapter. The "commercial value" as determined under this chapter is provided as a guide in determining the actual value of the commercial fertilizer and fertilizer material and shall not be construed to mean or imply that this chapter in any manner intends to or attempts to be a sales price-controlling or price-fixing chapter, or in any manner to fix, regulate or control the sales price of commercial fertilizer.
(15) SOIL CONDITIONER or SOIL AMENDMENT. Any material or mixture of materials used for promoting or stimulating the growth of plants, grasses or crops increasing their productivity or producing any chemical or physical change in the soil.
(16) LABEL. All written, printed or graphic matter displayed upon the immediate container of or statement accompanying a commercial fertilizer, fertilizer material, soil conditioner or soil amendment.
(17) LABELING. All written, printed or graphic matter upon or accompanying any commercial fertilizer, soil conditioner or soil amendment and all advertisements, brochures, posters or television and radio announcements used in promoting the sale of such products.
(Acts 1969, No. 434, p. 840, §3.) |
https://law.justia.com/codes/alabama/title-2/chapter-22/section-2-22-3/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 22 - Fertilizer.›Section 2-22-3 - Administration of Chapter. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 22 - Fertilizer. › Section 2-22-3 - Administration of Chapter. | Section 2-22-3
Administration of chapter.
This chapter shall be administered by the Commissioner of Agriculture and Industries of the State of Alabama, hereinafter referred to as "commissioner."
(Acts 1969, No. 434, p. 840, §2.) |
https://law.justia.com/codes/alabama/title-2/chapter-22/section-2-22-4/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 22 - Fertilizer.›Section 2-22-4 - Fertilizer Dealer Permit Required; Relation to Section 2-22-5. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 22 - Fertilizer. › Section 2-22-4 - Fertilizer Dealer Permit Required; Relation to Section 2-22-5. | Section 2-22-4
Fertilizer dealer permit required; relation to Section 2-22-5.
Before any person may sell or offer for sale or exchange in this state any commercial fertilizer to a user thereof, the person shall first procure a fertilizer dealer permit from the commissioner authorizing the person to sell, exchange, or deal therein. The permit shall be issued on payment of a fee established by the Board of Agriculture and Industries not to exceed ten dollars ($10), and shall expire on September 30 of each year. A permit as required by this section shall be obtained for each separate place of business at which commercial fertilizer is sold or offered for sale to the user thereof. Any person required to procure a license under Section 2-22-5 shall not be required to procure a permit as required by this section as it is the intent of this section that every person who purchases any commercial fertilizer for resale where the fertilizer is not manufactured, mixed, formulated, or labeled by the person is required to obtain the permit required by this section.
(Acts 1969, No. 434, p. 840, §4; Act 2004-516, p. 996, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-22/section-2-22-5/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 22 - Fertilizer.›Section 2-22-5 - Licenses for Sale of Commercial Fertilizer. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 22 - Fertilizer. › Section 2-22-5 - Licenses for Sale of Commercial Fertilizer. | Section 2-22-5
Licenses for sale of commercial fertilizer.
(a) Before any person sells or offers for sale any commercial fertilizer in this state for use herein or before any person sells such fertilizer for importation into this state for use herein where such person is required to comply with the labeling requirements of Section 2-22-7, such person shall apply for and obtain from the commissioner a license authorizing the sale of commercial fertilizer. The application for a license shall be accompanied by the fee required by subsection (b) of this section and shall be on forms furnished by the commissioner, which forms shall contain certain information as is necessary for the issuance of the license. All such licenses shall expire on September 30, the end of the fiscal year for which they are issued, and shall be renewed annually as of October 1, upon payment of the required license fee.
(b) The license fee shall be based upon the number of tons of commercial fertilizer sold in or for importation into the state for use therein during the preceding 12-month period which ends on June 30. The amount of the license fee shall be established by the Board of Agriculture and Industries within the range as set out in the following schedule:
Tons Sold
License Fee
Less than 100 tons
$25.00 - 37.50
100 tons or more but less than 1,000 tons
50.00 - 75.00
1,000 tons or more but less than 5,000 tons
100.00 - 150.00
5,000 tons or more but less than 10,000 tons
150.00 - 225.00
10,000 tons or more but less than 25,000 tons
200.00 - 300.00
25,000 tons or more but less than 50,000 tons
250.00 - 375.00
50,000 tons or more but less than 75,000 tons
300.00 - 450.00
75,000 tons or more but less than 100,000 tons
350.00 - 525.00
100,000 tons or more
400.00 - 750.00
If the license fee is not paid within a period of 30 days after the due date, a delinquent penalty of 10 percent of the amount due (minimum $10.00) shall be added to the license fee. The license fee due under this subsection and delinquent penalty shall constitute a debt and become the basis of judgment against the person if not paid as required in this subsection. The amount of the license fee required to be paid by persons not previously selling commercial fertilizer in or for importation into this state shall be the minimum fee established by the Board of Agriculture and Industries, which license shall also expire on September 30 following the date of issuance, at which time said license shall be renewable in accordance with subsection (a) of this section.
(c) In the event of sale or other transfer of ownership of a commercial fertilizer manufacturing or sale facility by a person who has a license required by subsection (a) of this section, such license may be transferred to the new owner; provided, however, that the amount of such new owner's license required on October 1 shall be governed by the amount of the person's previous sales from whom said license was transferred.
(d) It is hereby intended that every person who manufactures or formulates and labels any commercial fertilizer which is sold in or for importation into this state or any person who labels such commercial fertilizer and sells it in or for importation into this state whether manufactured by such person or not shall be required to procure a license and pay the fee therefor as required by this section.
(Acts 1969, No. 434, p. 840, §5; Act 2004-516, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-22/section-2-22-6/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 22 - Fertilizer.›Section 2-22-6 - Cancellation or Refusal of Licenses. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 22 - Fertilizer. › Section 2-22-6 - Cancellation or Refusal of Licenses. | Section 2-22-6
Cancellation or refusal of licenses.
The commissioner is authorized and empowered to cancel the license of any licensee or refuse to issue a license to any applicant upon satisfactory evidence that the licensee or applicant has used fraudulent or deceptive practices in the evasions or attempted evasions of the provisions of this chapter or any rules and regulations promulgated thereunder; provided, that no license shall be revoked or refused until the licensee shall have been given the opportunity to appear for a hearing before the board, with the further opportunity of appealing to a court of competent jurisdiction for judicial review of such revocation or refusal.
(Acts 1969, No. 434, p. 840, §20.) |
https://law.justia.com/codes/alabama/title-2/chapter-22/section-2-22-7/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 22 - Fertilizer.›Section 2-22-7 - Labeling of Commercial Fertilizers. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 22 - Fertilizer. › Section 2-22-7 - Labeling of Commercial Fertilizers. | Section 2-22-7
Labeling of commercial fertilizers.
(a) Any commercial fertilizer sold in this state for use therein or sold for importation into this state for use therein in containers shall have printed on or affixed to the container a label setting forth in clearly legible and conspicuous form the following information:
(1) The net weight;
(2) The brand and grade;
(3) The guaranteed analysis;
(4) The materials from which the plant nutrients are derived with the percentage of each as may be required by regulations of the board; and
(5) The name and principal address of the manufacturer or other person responsible for placing it on the market.
(b) If distributed in bulk, a written or printed statement of the information required by subdivisions (1), (2), (3), (4) and (5) of subsection (a) of this section shall accompany delivery and be supplied to the purchaser at time of delivery.
(c) A commercial fertilizer formulated according to specifications which are furnished by a consumer prior to mixing shall be labeled to show the information contained in subdivisions (1), (3) and (5) of subsection (a) of this section.
(Acts 1969, No. 434, p. 840, §6.) |
https://law.justia.com/codes/alabama/title-2/chapter-22/section-2-22-8/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 22 - Fertilizer.›Section 2-22-8 - Licensing and Labeling Requirements for Sale of Soil Conditioners and Soil Amendmen... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 22 - Fertilizer. › Section 2-22-8 - Licensing and Labeling Requirements for Sale of Soil Conditioners and Soil Amendments. | Section 2-22-8
Licensing and labeling requirements for sale of soil conditioners and soil amendments.
Every person who sells or offers for sale in or for importation into this state any soil conditioner or soil amendment for which label or labeling claims are made that such a product contains plant nutrients shall be subject to all of the requirements of this article for the sale of commercial fertilizer including the license and inspection fee requirement. If any label or labeling claims are made for the release of plant nutrients in the soil or of any bacterial action causing the release of plant nutrients in the soil in connection with the sale of any soil conditioner or soil amendment, a license authorizing the sale of the product shall be obtained from the commissioner. The commissioner may issue such a license in accordance with regulations promulgated by the board.
(Acts 1969, No. 434, p. 840, §7.) |
https://law.justia.com/codes/alabama/title-2/chapter-22/section-2-22-9/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 22 - Fertilizer.›Section 2-22-9 - Inspection Fee; Monthly Statement; Collection Fee; Disposition of Fees; Overpayment... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 22 - Fertilizer. › Section 2-22-9 - Inspection Fee; Monthly Statement; Collection Fee; Disposition of Fees; Overpayments; Examination, Review, Audit of Sales Records. | Section 2-22-9
Inspection fee; monthly statement; collection fee; disposition of fees; overpayments; examination, review, audit of sales records.
(a) There shall be paid to the commissioner for all commercial fertilizer sold in this state for use therein or sold for importation into this state for use therein an inspection fee established by the board not to exceed seventy-five cents ($.75) per ton; provided, that sales to manufacturers or exchanges between them are hereby exempted. Fees so collected, including permit fees and license fees levied under Sections 2-22-4 and 2-22-5, shall be deposited to the credit of the Agricultural Fund of the State Treasury for the regulatory duties of the Department of Agriculture and Industries.
(b) Every person who sells commercial fertilizer in or for importation into this state for use therein, who is licensed under Section 2-22-5 or where such person is required to procure such a license shall file with the commissioner on forms furnished by the commissioner a monthly statement for the period ending on the last day of each month setting forth thereon the number of tons of each grade of commercial fertilizer sold in or for importation into this state for use therein during such month. The person shall also include on the report any information of the type provided by Section 2-22-10 when required to do so pursuant to rules and regulations promulgated by the commissioner with approval of the board. The monthly report of tonnage sales with the amount of inspection fees due thereon shall be due on or before the fifteenth day of the month following the report period. Each such report shall bear a certificate that the amount remitted is correct.
If the tonnage report is not filed and the payment of inspection fee is not made by the twentieth day of the month when due, a collection fee amounting to 10 percent (minimum $10.00) of the amount may be assessed against the licensee, and the amount of fees due and unpaid shall constitute a debt and become the basis of a judgment against the licensee.
(c) When more than one person is involved in the sale, importation or distribution of a commercial fertilizer, the person who sells the fertilizer to a nonlicensee for resale or use shall be responsible for reporting the tonnage and paying the inspection fee, unless the report and payment was previously made by another licensee.
(d) The inspection fee levied under subsection (a) of this section, the permit fee required by Section 2-22-4 and the license fee levied under Section 2-22-5 shall be paid by cooperative marketing and purchasing associations, and the exemptions allowed such organizations pursuant to Section 2-10-105 or any other exemption statute shall not relieve such associations from the payment of such fees.
(e) Amounts improperly or illegally collected under the provisions of this chapter as overpayments may be refunded to the person entitled thereto in accordance with Section 2-1-6.
(f) The commissioner, or his or her agents or employees may examine, review, and audit the sales records of every person required to remit to the commissioner the inspection fee levied under subsection (a) to verify and determine the accuracy of the amounts remitted monthly as inspection fees and the amount due for a license as required by Section 2-22-5. Every such person shall maintain records as will indicate accurately the tonnage of commercial fertilizer upon which inspection fees are due.
(Acts 1969, No. 434, p. 840, §8; Acts 1981, No. 81-664, p. 1085; Act 2004-516, p. 996, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-22/section-2-22-10/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 22 - Fertilizer.›Section 2-22-10 - Furnishing of Semiannual Tonnage Reports by Licensees. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 22 - Fertilizer. › Section 2-22-10 - Furnishing of Semiannual Tonnage Reports by Licensees. | Section 2-22-10
Furnishing of semiannual tonnage reports by licensees.
(a) Each licensee shall furnish the commissioner a report showing the number of tons of each grade of fertilizer sold in each county in the state semiannually pursuant to regulations adopted by the board. Said report shall be submitted not later than 30 days following the close of the six-month period; provided, however, that more frequent reports giving this information may be required by the commissioner with the approval of the board. This report may be made on a special summary form provided by the commissioner or by submitting a copy of the invoice. No information furnished the commissioner under this section shall be disclosed in such a way as to divulge the operation of any person.
(b) When more than one person is involved in the sale, importation or distribution of a commercial fertilizer, the licensee who distributes the fertilizer to a nonlicensee is responsible for reporting the tonnage as under subdivision (c) of Section 2-22-9.
(Acts 1969, No. 434, p. 840, §9.) |
https://law.justia.com/codes/alabama/title-2/chapter-22/section-2-22-11/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 22 - Fertilizer.›Section 2-22-11 - Inspection, Sampling, Testing and Analysis of Commercial Fertilizers by Commission... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 22 - Fertilizer. › Section 2-22-11 - Inspection, Sampling, Testing and Analysis of Commercial Fertilizers by Commissioner; Furnishing of Results, etc., to Licensees Where Fertilizers Found Subject to Penalty or Legal Action. | Section 2-22-11
Inspection, sampling, testing and analysis of commercial fertilizers by commissioner; furnishing of results, etc., to licensees where fertilizers found subject to penalty or legal action.
(a) It shall be the duty of the commissioner, who may act through his authorized agent, to sample, inspect, make analyses of and test commercial fertilizers distributed within this state at such times and places and to such an extent as he may deem necessary to determine whether such commercial fertilizers are in compliance with the provisions of this chapter.
(b) The commissioner, individually or through his agent, is authorized to enter upon any public or private premises or carriers during regular business hours in order to have access to commercial fertilizers subject to the provisions of this chapter and the rules and regulations pertaining thereto and to the records relating to their distribution.
(c) In drawing any official sample and in making any analysis, the officially adopted methods and terminology of the association of official analytical chemists shall be used. In cases not covered by such officially adopted methods and terminology, the commissioner shall, as soon as practicable and from other sources deemed proper, adopt and publish appropriate methods and terminology.
(d) The commissioner, in determining for administrative purposes whether any commercial fertilizer is deficient in plant food, shall be guided solely by the official sample as defined in subdivision (7) of Section 2-22-2 and obtained and analyzed as provided for in subsection (c) of this section.
(e) The results of official analysis of any commercial fertilizer which has been found to be subject to penalty or other legal action shall be forwarded by the commissioner to the licensee at least 10 days before the report is submitted to the purchaser. If during that period no adequate evidence to the contrary is made available to the commissioner, the report shall become official. Upon request the commissioner shall furnish to the licensee a portion of any sample found subject to penalty or other legal action.
(f) The analysis, test and sampling of commercial fertilizers shall be made and conducted in accordance with and be subject to the provisions and requirements of Article 2 of Chapter 2 of this title.
(Acts 1969, No. 434, p. 840, §10.) |
https://law.justia.com/codes/alabama/title-2/chapter-22/section-2-22-12/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 22 - Fertilizer.›Section 2-22-12 - Proceedings Upon Determination of Deficiency in Guaranteed Primary Plant Nutrients... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 22 - Fertilizer. › Section 2-22-12 - Proceedings Upon Determination of Deficiency in Guaranteed Primary Plant Nutrients in Commercial Fertilizers - Generally. | Section 2-22-12
Proceedings upon determination of deficiency in guaranteed primary plant nutrients in commercial fertilizers - Generally.
(a) If the analysis shall show that a commercial fertilizer is deficient in one or more of its guaranteed primary plant nutrients (NPK) beyond the tolerances as established by regulation adopted by the State Board of Agriculture and Industries pursuant to Section 2-22-20, a penalty shall be assessed in accordance with regulations adopted by the board.
(b) Deficiencies in any other constituent or constituents covered under paragraphs b and c of subdivision (5) of Section 2-22-2, which is required to be or may be guaranteed shall be evaluated by the commissioner and penalties therefor shall be prescribed by the board; provided, however, that in no case shall the penalty exceed the selling price of the fertilizer.
(c) Nothing contained in this section shall prevent any person from appealing to a court of competent jurisdiction for judgment as to the justification of such penalties.
(d) When an official sample of a lot of commercial fertilizer shows a deficiency beyond the tolerance allowed under regulations of the board, a penalty shall be assessed in accordance with regulations promulgated by the board, which penalty shall be paid to the consumer by the licensee, and receipts shall be taken therefor and forwarded to the commissioner within 60 days after receiving written notification of such deficiency and the amount of the penalty from the commissioner. If any consumer of commercial fertilizer which has been determined by official analysis to be deficient and subject to penalty cannot be found, payment of the amount of such penalty shall be made to the commissioner within a period of 60 days for deposit in the State Treasury to the credit of the Agricultural Fund.
(e) Lots of fertilizer in manufacturing plants, on dealers' premises or elsewhere from which samples are drawn and which are determined to be deficient by official analysis or are not otherwise in compliance with the requirements of this chapter, shall be subject to suspension from sale, seizure and condemnation in accordance with Section 2-22-6. Where any such lot of commercial fertilizer or portions thereof are sold by the licensee before the official analysis report is received by the commissioner and before notice has been given to the licensee of such deficiency, the penalty shall be paid to either the consumer of such commercial fertilizer or to the commissioner as provided in subsection (d) of this section.
(Acts 1969, No. 434, p. 840, §11.) |
https://law.justia.com/codes/alabama/title-2/chapter-22/section-2-22-13/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 22 - Fertilizer.›Section 2-22-13 - Proceedings Upon Determination of Deficiency in Guaranteed Primary Plant Nutrients... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 22 - Fertilizer. › Section 2-22-13 - Proceedings Upon Determination of Deficiency in Guaranteed Primary Plant Nutrients in Commercial Fertilizers - Legal Actions for Recovery of Penalty. | Section 2-22-13
Proceedings upon determination of deficiency in guaranteed primary plant nutrients in commercial fertilizers - Legal actions for recovery of penalty.
In any case wherein the licensee fails or refuses to make payment to the consumer of a penalty within the time required, the consumer may institute legal action against the licensee for the recovery of such penalty as provided in Section 2-22-12. Any judgment against the licensee shall be double the amount of the penalty and shall include a reasonable attorney's fee and court costs. In cases where the licensee is required to pay the amount of any penalty to the commissioner for deposit to the credit of the Agricultural Fund and the licensee fails or refuses to make such payment within the time required, the commissioner may institute legal action in a court of competent jurisdiction for collection of the amount of the penalty upon 10 days' notice to the licensee following the 60-day payment period.
(Acts 1969, No. 434, p. 840, §13.) |
https://law.justia.com/codes/alabama/title-2/chapter-22/section-2-22-14/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 22 - Fertilizer.›Section 2-22-14 - Ascertainment and Publication of Fair Market Values of Nitrogen, Available Phospho... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 22 - Fertilizer. › Section 2-22-14 - Ascertainment and Publication of Fair Market Values of Nitrogen, Available Phosphorus and Soluble Potassium in Commercial Fertilizers. | Section 2-22-14
Ascertainment and publication of fair market values of nitrogen, available phosphorus and soluble potassium in commercial fertilizers.
For the purpose of determining the commercial values to be applied under the provisions of Section 2-22-12, the commissioner shall ascertain and publish annually the fair market values per pound of nitrogen, available phosphorus and soluble potassium in commercial fertilizers in this state. The values so determined and published shall be used in determining and assessing penalties.
(Acts 1969, No. 434, p. 840, §12.) |
https://law.justia.com/codes/alabama/title-2/chapter-22/section-2-22-15/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 22 - Fertilizer.›Section 2-22-15 - Establishment, etc., of Standards of Classification for Commercial Fertilizers Gen... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 22 - Fertilizer. › Section 2-22-15 - Establishment, etc., of Standards of Classification for Commercial Fertilizers Generally; Adoption of Standards for Sale of Specialty Fertilizers; Establishment of Standards and Minimum Guarantees for Plant Nutrients Other Than Nitrogen, Phosphorus and Available Potassium. | Section 2-22-15
Establishment, etc., of standards of classification for commercial fertilizers generally; adoption of standards for sale of specialty fertilizers; establishment of standards and minimum guarantees for plant nutrients other than nitrogen, phosphorus and available potassium.
The board shall have authority to establish standards of classification for commercial fertilizer according to ratios and grades by which its quality, condition, fertilizing or plant food value may be judged and to alter or modify such standards when found to be necessary. In pursuance thereof, the board is authorized to establish, adopt and promulgate a list of minimum analysis ratios and grades for commercial fertilizers including minimum available plant food content for nitrogen, available phosphorus and available soluble potassium and also for superphosphate with potassium, nitrogen with superphosphate and superphosphate.
The board shall also be authorized to define and to adopt standards for the sale of specialty fertilizers together with conditions and restrictions under which they may be sold and to establish standards and minimum guarantees for plant nutrients other than nitrogen, available phosphorus and soluble potassium. Before the board shall establish and adopt minimum plant food ratios, grades and other activities as authorized in this section, it shall hold a public hearing open to all interested persons, and it shall also request recommendations thereon from the Director of the Agricultural Experiment Station and the Cooperative Extension Service of Auburn University relating to the need for such action.
(Acts 1969, No. 434, p. 840, §14.) |
https://law.justia.com/codes/alabama/title-2/chapter-22/section-2-22-16/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 22 - Fertilizer.›Section 2-22-16 - Sale, Offer for Sale or Distribution of Misbranded Commercial Fertilizers; When Co... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 22 - Fertilizer. › Section 2-22-16 - Sale, Offer for Sale or Distribution of Misbranded Commercial Fertilizers; When Commercial Fertilizers Deemed Misbranded; Adoption of Regulations Defining Plant Nutrients or Commercial Fertilizers. | Section 2-22-16
Sale, offer for sale or distribution of misbranded commercial fertilizers; when commercial fertilizers deemed misbranded; adoption of regulations defining plant nutrients or commercial fertilizers.
(a) No person shall sell, offer for sale or distribute misbranded commercial fertilizer. A commercial fertilizer shall be deemed to be misbranded if:
(1) Its labeling is false or misleading in any particular;
(2) It is distributed under the name of another fertilizer product;
(3) It is not labeled as required in Section 2-22-7 and in accordance with regulations prescribed under this chapter; and
(4) It purports to be or is represented as a commercial fertilizer or is represented as containing a plant nutrient or commercial fertilizer, unless such plant nutrient or commercial fertilizer conforms to the definition of identity, if any, prescribed by regulation of the board.
(b) In adopting the regulations provided for in subdivision (4) of subsection (a) of this section, the board shall give due regard to commonly accepted definitions and official fertilizer terms such as those issued by the Association of American Fertilizer Control Officials.
(Acts 1969, No. 434, p. 840, §15.) |
https://law.justia.com/codes/alabama/title-2/chapter-22/section-2-22-17/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 22 - Fertilizer.›Section 2-22-17 - Sale, Offer for Sale or Distribution of Adulterated Commercial Fertilizers; When C... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 22 - Fertilizer. › Section 2-22-17 - Sale, Offer for Sale or Distribution of Adulterated Commercial Fertilizers; When Commercial Fertilizers Deemed Adulterated. | Section 2-22-17
Sale, offer for sale or distribution of adulterated commercial fertilizers; when commercial fertilizers deemed adulterated.
No person shall sell, offer for sale or distribute an adulterated commercial fertilizer product. A commercial fertilizer shall be deemed to be adulterated if:
(1) It contains any deleterious or harmful ingredient in sufficient amount to render it injurious to beneficial plant life when applied in accordance with directions for use on the label or if adequate warning statements or directions for use, which may be necessary to protect plant life, are not shown upon the label; and
(2) Its composition falls below or differs from that which it is purported to possess by its labeling.
(Acts 1969, No. 434, p. 840, §16.) |
https://law.justia.com/codes/alabama/title-2/chapter-22/section-2-22-18/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 22 - Fertilizer.›Section 2-22-18 - Penalty for Manufacture of Commercial Fertilizer Short in Weight. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 22 - Fertilizer. › Section 2-22-18 - Penalty for Manufacture of Commercial Fertilizer Short in Weight. | Section 2-22-18
Penalty for manufacture of commercial fertilizer short in weight.
If any commercial fertilizer in the possession of or consigned to the consumer is found by the commissioner to be short in weight, the licensee who manufactures said commercial fertilizer shall, within 30 days after official notice from the commissioner, pay to the consumer a penalty equal to four times the value of the actual shortage.
(Acts 1969, No. 434, p. 840, §19.) |
https://law.justia.com/codes/alabama/title-2/chapter-22/section-2-22-19/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 22 - Fertilizer.›Section 2-22-19 - Annual Publications. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 22 - Fertilizer. › Section 2-22-19 - Annual Publications. | Section 2-22-19
Annual publications.
The commissioner shall publish at least annually and in such form as he may deem proper:
(1) Information concerning the distribution of commercial fertilizer; and
(2) The results of analyses based on official samples of commercial fertilizers distributed within the state as compared with the guaranteed analyses.
(Acts 1969, No. 434, p. 840, §17.) |
https://law.justia.com/codes/alabama/title-2/chapter-22/section-2-22-20/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 22 - Fertilizer.›Section 2-22-20 - Rules and Regulations. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 22 - Fertilizer. › Section 2-22-20 - Rules and Regulations. | Section 2-22-20
Rules and regulations.
For the administration and enforcement of this chapter, the board is authorized to adopt and promulgate reasonable rules and regulations relating to the sale and distribution of commercial fertilizers necessary to carry out the full intent and meaning of this chapter, including, but not limited to, fixing tolerances for plant food deficiency penalty assessments pursuant to Section 2-22-12, providing for the incorporation into commercial fertilizer of such other substances as pesticides and the proper labeling of such mixture, establish a fee together with such other rules and regulations reasonably necessary to implement, make specific, and interpret the provisions of this chapter. Notwithstanding any other provisions of this chapter and specifically the provisions of subdivision (5) of Section 2-22-2 relating to guaranteed analysis, the commissioner with the approval of the board shall be authorized to require by rules and regulations that the guaranteed analysis of phosphorus and potassium for labeling purposes shall be expressed in the elemental form, but until such rules and regulations are duly promulgated and adopted, the guaranteed analysis shall not be required to be expressed in the elemental form.
(Acts 1969, No. 434, p. 840, §18; Act 2004-516, p. 996, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-22/section-2-22-21/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 22 - Fertilizer.›Section 2-22-21 - Suspension From Sale, Seizure and Condemnation of Commercial Fertilizers Not in Co... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 22 - Fertilizer. › Section 2-22-21 - Suspension From Sale, Seizure and Condemnation of Commercial Fertilizers Not in Compliance With Chapter or Rules or Regulations Promulgated Thereunder. | Section 2-22-21
Suspension from sale, seizure and condemnation of commercial fertilizers not in compliance with chapter or rules or regulations promulgated thereunder.
Any lot or other quantity of commercial fertilizer not in compliance with the provisions of this chapter or rules and regulations duly adopted and promulgated under this chapter shall be subject to suspension from sale, seizure and condemnation. The issuance of a "suspension from sale or use" or "stop sale" and seizure and condemnation of any lot or other quantity of commercial fertilizer sold, offered for sale or kept for sale in violation of the provisions of this chapter shall be in accordance with such procedure as is now prescribed under Article 2 of Chapter 2 of this title.
(Acts 1969, No. 434, p. 840, §21.) |
https://law.justia.com/codes/alabama/title-2/chapter-22/section-2-22-22/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 22 - Fertilizer.›Section 2-22-22 - Violations of Chapter or Rules or Regulations Promulgated Thereunder Deemed Misdem... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 22 - Fertilizer. › Section 2-22-22 - Violations of Chapter or Rules or Regulations Promulgated Thereunder Deemed Misdemeanors; Injunctive Proceedings to Restrain Violations of Chapter or Rules or Regulations Promulgated Thereunder. | Section 2-22-22
Violations of chapter or rules or regulations promulgated thereunder deemed misdemeanors; injunctive proceedings to restrain violations of chapter or rules or regulations promulgated thereunder.
(a) Any person who shall violate any of the provisions of this chapter or who fails to perform any duty or requirement imposed by the provisions of this chapter or who violates any rule or regulation duly promulgated thereunder or who shall sell or offer for sale or distribute for sale any commercial fertilizer in violation of the requirements of this chapter shall be guilty of a misdemeanor and upon conviction shall be punished as now prescribed by law for such an offense.
(b) In addition to the penalty provided in subsection (a) of this section, the commissioner may apply by petition to a circuit court, and such court or any judge thereof shall have jurisdiction, for cause shown, to grant a temporary restraining order or permanent injunction or both restraining and enjoining any person from violating or continuing to violate any of the provisions of this chapter or any rule or regulation promulgated under authority of this chapter. Said temporary restraining order or permanent injunction shall be issued without bond.
(Acts 1969, No. 434, p. 840, §22.) |
https://law.justia.com/codes/alabama/title-2/chapter-22/section-2-22-23/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 22 - Fertilizer.›Section 2-22-23 - Chapter Not to Restrict or Avoid Sales or Exchanges of Commercial Fertilizers Betw... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 22 - Fertilizer. › Section 2-22-23 - Chapter Not to Restrict or Avoid Sales or Exchanges of Commercial Fertilizers Between Manufacturers, Processors, etc., or Shipment of Fertilizers to Manufacturers or Processors. | Section 2-22-23
Chapter not to restrict or avoid sales or exchanges of commercial fertilizers between manufacturers, processors, etc., or shipment of fertilizers to manufacturers or processors.
Nothing in this chapter shall be construed to restrict or avoid sales or exchanges of commercial fertilizers to each other by importers, manufacturers or processors who mix fertilizer materials for sale or as preventing the free and unrestricted shipments of commercial fertilizer to manufacturers or processors.
(Acts 1969, No. 434, p. 840, §23.) |
https://law.justia.com/codes/alabama/title-2/chapter-23/section-2-23-1/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 23 - Agricultural Liming Materials.›Section 2-23-1 - Short Title. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 23 - Agricultural Liming Materials. › Section 2-23-1 - Short Title. | Section 2-23-1
Short title.
This chapter shall be known and may be cited as the "Alabama Agricultural Liming Materials Act."
(Acts 1975, No. 1190, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-23/section-2-23-2/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 23 - Agricultural Liming Materials.›Section 2-23-2 - Definitions. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 23 - Agricultural Liming Materials. › Section 2-23-2 - Definitions. | Section 2-23-2
Definitions.
The following terms, as used in this chapter and rules adopted under authority of this chapter, shall have the following meanings, respectively:
(1) AGRICULTURAL LIMING MATERIALS. Those products whose calcium and magnesium compounds are capable of neutralizing soil acidity.
(2) BOARD. The Board of Agriculture and Industries of the State of Alabama.
(3) BRAND. The term, designation, trademark, product name, or the specific designation under which an individual or type of agricultural liming material is offered for sale.
(4) BULK. Nonpackaged form.
(5) BURNT LIME. A material made from limestone which consists essentially of calcium oxide or a combination of calcium and magnesium oxides.
(6) CALCITIC LIMESTONE. A calcareous rock composed wholly or largely of calcium carbonate.
(7) CALCIUM CARBONATE EQUIVALENT or CCE. The acid neutralizing capacity of an agricultural liming material expressed as weight percentage of calcium carbonate.
(8) CHALK. A soft, friable, loosely consolidated material composed largely of calcium carbonate.
(9) COMMISSIONER. The Commissioner of Agriculture and Industries of the State of Alabama.
(10) DOLOMITIC LIMESTONE. A calcareous rock composed of calcium and magnesium carbonates with a minimum elemental magnesium (Mg) content of six percent.
(11) FINENESS. The percentage by weight of the material which will pass U.S. standard sieves of specified sizes.
(12) GROUND SHELLS. A product obtained by the grinding of shells of mollusks and which shall carry the name of mollusk origin.
(13) HYDRATED LIME. A material made from burnt lime which consists essentially of calcium hydroxide or a combination of calcium hydroxide with magnesium oxide and/or magnesium hydroxide.
(14) INDUSTRIAL BY-PRODUCT USED AS LIMING MATERIALS. Any industrial by-product containing calcium or calcium and magnesium in forms that will neutralize acidity.
(15) LABEL. Any written or printed matter on or attached to the package or delivery ticket which accompanies a bulk shipment.
(16) LIMESTONE. A calcareous rock composed primarily of calcium carbonate or a combination of calcium and magnesium carbonates.
(17) PERCENT or PERCENTAGE. By weight.
(18) PERSON. Any individual, partnership, corporation, association or other legal entity, or organization.
(19) RELATIVE NEUTRALIZING VALUE or RNV. A calculation that uses calcium carbonate equivalent and fineness to represent the effectiveness of agricultural liming materials.
(20) TON. Two thousand pounds avoirdupois.
(Acts 1975, No. 1190, §2; Act 2021-321, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-23/section-2-23-3/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 23 - Agricultural Liming Materials.›Section 2-23-3 - Permit Required for Manufacturing or Distribution; Fees. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 23 - Agricultural Liming Materials. › Section 2-23-3 - Permit Required for Manufacturing or Distribution; Fees. | Section 2-23-3
Permit required for manufacturing or distribution; fees.
Every manufacturer or distributor selling agricultural liming materials in this state shall, on or before October 1 of each year or prior to manufacture or distribution of such liming material in the State of Alabama, apply for and obtain an annual permit for such purpose on a form to be furnished by the commissioner. Such application shall be accompanied by a permit fee established by the Board of Agriculture and Industries not to exceed two hundred fifty dollars ($250) and shall show the brand name under which the liming material will be sold. If more than one type of agricultural liming material is manufactured or distributed or the product or the brand name is changed by a manufacturer or distributor, an additional permit fee established by the Board of Agriculture and Industries not to exceed one hundred twenty-five dollars ($125) for each additional brand or type of liming material must be paid. All permits shall expire on September 30 of the following year. When the manufacturer and the distributor are not the same, only one permit shall be required unless the brand name is changed, as it is hereby intended that the permit fee be paid only once on the same brand. Such application shall contain the name and address of the manufacturer or distributor, the brand name and common name of each such product together with the correct name of the material which it desires to sell in Alabama and the guaranteed analysis thereof and such other information as may be required for the effective administration and enforcement of the provisions of this chapter pursuant to rules and regulations adopted by the board.
(Acts 1975, No. 1190, §3; Act 2004-516, p. 996, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-23/section-2-23-4/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 23 - Agricultural Liming Materials.›Section 2-23-4 - Requirements as to Labeling; False or Misleading Statements on Package Labels; Deli... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 23 - Agricultural Liming Materials. › Section 2-23-4 - Requirements as to Labeling; False or Misleading Statements on Package Labels; Delivery Slips, etc., Prohibited. | Section 2-23-4
Requirements as to labeling; false or misleading statements on package labels; delivery slips, etc., prohibited.
(a) Agricultural liming materials sold or offered for sale in this state for use herein or sold for importation into this state for use herein shall have affixed to each container in a conspicuous manner on the outside thereof a clearly legible printed or stamped label, tag, or statement or, in the case of bulk sales, a delivery slip, setting forth at least all of the following information:
(1) The name and principal office of the manufacturer, processor, or distributor.
(2) The brand name of the material.
(3) The identification of the product as to the type of agricultural liming material, as defined in Section 2-23-2.
(4) The minimum percent guaranteed by weight passing through U.S. standard sieves as prescribed by rules of the board.
(5) The minimum guaranteed calcium carbonate equivalent.
(6) The minimum guaranteed content of elemental magnesium (Mg) if claimed.
(7) The minimum guaranteed content of available potassium (K2O) or phosphorus (P2O5), or both, if claimed.
(8) The maximum water content.
(9) Net weight.
(10) The relative neutralizing value (RNV) as determined by the following formula:
RNV=CCE x [(0.5 x A) + (1 x B)], where A is the percent of lime passing through a 10-mesh screen, but not a 60-mesh screen, and B is the percent of lime passing through a 60-mesh screen.
(b) No information or statement shall appear on any package label, delivery slip, or advertising matter which is false or misleading to the purchaser as to the quality, analysis, type, or composition of any agricultural liming material.
(Acts 1975, No. 1190, §4; Act 2021-321, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-23/section-2-23-5/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 23 - Agricultural Liming Materials.›Section 2-23-5 - Inspection Fee; Tonnage Report. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 23 - Agricultural Liming Materials. › Section 2-23-5 - Inspection Fee; Tonnage Report. | Section 2-23-5
Inspection fee; tonnage report.
(a) Each manufacturer or distributor of agricultural liming materials shall report monthly to the commissioner, at the end of each month, on forms provided by the commissioner, his or her gross sales in tons of such materials sold in the State of Alabama for that month accompanied by a per ton inspection fee based on tons sold during such month. The exact amount of the per ton inspection fee shall be established by the Board of Agriculture and Industries not to exceed twenty-five cents ($.25) per ton. In the case of a distributor's being the agent for a manufacturer at one or more locations, it is the intent of this law that such sales be reported only once and that the fee assessed therewith be paid only once on the same brand or type of agricultural liming material or product. The monthly sales report of tonnage and the inspection fee due thereon shall be due and payable to the commissioner on or before the twentieth day of each month, which report and payment shall cover the tonnage of agricultural liming material sold or distributed in Alabama during the preceding month. Each remittance shall be accompanied by a certificate stating that the amount remitted is correct.
(b) If the tonnage report is not filed and payment of the inspection fee is not made by the twentieth day of the month, a collection fee of 10 percent of the amount shall be assessed against the manufacturer or distributor as a delinquent penalty.
(c) When more than one person is involved in the sale, importation or distribution of agricultural liming materials, the first manufacturer or distributor who sells such material in Alabama shall be responsible for reporting the tonnage and paying the inspection fee in keeping with the intent of this section that the inspection fee levied hereunder shall be paid only once on the same brand or type of agricultural liming materials. The inspection fee shall be paid by cooperative marketing and purchasing associations, and the exemptions allowed such organizations pursuant to Section 2-10-105 or any other exemption statute shall not relieve such associations from payment of such fees.
(d) Amounts improperly or illegally collected under the provisions of this section as overpayments may be refunded to the person entitled thereto in accordance with Section 2-1-6.
(e) The commissioner or his or her agents or employees shall have the right to examine, review, and audit sales records of every person required to remit to the commissioner the inspection fee levied under this section to verify and determine the accuracy of amounts remitted monthly as inspection fees.
(f) Every manufacturer or distributor of agricultural liming materials shall maintain records which will indicate accurately the tonnage of such materials sold in Alabama for a period of not less than two years.
(g) Inspection fees collected under this section by the commissioner, including permit fees collected under Section 2-23-3, shall be deposited to the credit of the Agricultural Fund of the State Treasury to be used and expended for the performance of the regulatory duties required for the administration and enforcement of the provisions of this chapter.
(Acts 1975, No. 1190, §5; Act 2004-516, p. 996, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-23/section-2-23-6/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 23 - Agricultural Liming Materials.›Section 2-23-6 - Inspection, Sampling, Analysis, etc., of Agricultural Liming Materials by Commissio... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 23 - Agricultural Liming Materials. › Section 2-23-6 - Inspection, Sampling, Analysis, etc., of Agricultural Liming Materials by Commissioner; Right of Entry Upon Public or Private Premises, etc., of Commissioner. | Section 2-23-6
Inspection, sampling, analysis, etc., of agricultural liming materials by commissioner; right of entry upon public or private premises, etc., of commissioner.
(a) It shall be the duty of the commissioner, who may act through his authorized agents, to sample, inspect, make analysis of and test agricultural liming materials distributed within this state as he may deem necessary to determine whether such agricultural liming materials are in compliance with the provisions of this act or regulations promulgated hereunder.
(b) The commissioner, individually or through his agents, is authorized to enter upon any public or private premises or carriers during regular business hours in order to have access to agricultural liming materials subject to the provisions of this chapter and regulations pertaining thereto and to the records relating to their distribution.
(c) In the case of out-of-state manufacturers or distributors of agricultural liming materials, sampling and inspections will be made at points of delivery or elsewhere in Alabama.
(d) The methods of analysis and sampling shall be those approved by the board and shall be guided by procedures of the Association of Official Analytical Chemists. The analysis, test and sampling of agricultural liming materials shall be made and conducted in accordance with and subject to the provisions and requirements of Article 2 of Chapter 2 of this title.
(Acts 1975, No. 1190, §6.) |
https://law.justia.com/codes/alabama/title-2/chapter-23/section-2-23-7/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 23 - Agricultural Liming Materials.›Section 2-23-7 - Assessment of Penalties Against Manufacturers, Distributors, etc., for Deficiencies... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 23 - Agricultural Liming Materials. › Section 2-23-7 - Assessment of Penalties Against Manufacturers, Distributors, etc., for Deficiencies in Agricultural Liming Materials. | Section 2-23-7
Assessment of penalties against manufacturers, distributors, etc., for deficiencies in agricultural liming materials.
The board shall have authority by rules and regulations duly adopted, as provided in this section, to provide for the assessment of penalties to be assessed against a manufacturer, distributor or other seller responsible for such deficiency of any agricultural liming material where such material is determined by analysis to be deficient in its calcium carbonate equivalent, magnesium, available potassium, available phosphorous, excessive moisture content, fineness or other minimum standards as may be established by the board for the manufacture, distribution or sale of agricultural liming materials with reasonable tolerances to be specified in such standards. Such rules and regulations as may be adopted under this section relating to the assessment of monetary penalties shall provide for the payment thereof to the purchaser-user of the liming materials; and, in the event such purchaser-user cannot be found, then payment of the amount of such penalty shall be made to the commissioner for deposit in the State Treasury to the credit of the Agricultural Fund.
(Acts 1975, No. 1190, §9.) |
https://law.justia.com/codes/alabama/title-2/chapter-23/section-2-23-8/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 23 - Agricultural Liming Materials.›Section 2-23-8 - Sale or Offer for Sale of Agricultural Liming Materials Not Complying With Provisio... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 23 - Agricultural Liming Materials. › Section 2-23-8 - Sale or Offer for Sale of Agricultural Liming Materials Not Complying With Provisions of Chapter, etc.; Sale or Offer for Sale of Agricultural Liming Materials Containing Toxic Materials in Quantities Injurious to Plants or Animals. | Section 2-23-8
Sale or offer for sale of agricultural liming materials not complying with provisions of chapter, etc.; sale or offer for sale of agricultural liming materials containing toxic materials in quantities injurious to plants or animals.
(a) No agricultural liming materials shall be sold or offered for sale in this state unless they comply with provisions of this chapter or rules and regulations promulgated hereunder.
(b) No agricultural liming materials shall be sold or offered for sale in this state which contain toxic materials in quantities injurious to plants or animals.
(Acts 1975, No. 1190, §7.) |
https://law.justia.com/codes/alabama/title-2/chapter-23/section-2-23-9/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 23 - Agricultural Liming Materials.›Section 2-23-9 - Rules and Regulations. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 23 - Agricultural Liming Materials. › Section 2-23-9 - Rules and Regulations. | Section 2-23-9
Rules and regulations.
The board, after reasonable notice and hearing to interested persons, may make such rules and regulations, including establishing fees, as are reasonably necessary to implement and carry out the provisions of this chapter and to establish such additional standards and requirements as are necessary to protect the purchasers and users of agricultural liming materials which relate to the manufacture, distribution, sale, and advertising for sale of such materials.
(Acts 1975, No. 1190, §11; Act 2004-516, p. 996, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-23/section-2-23-10/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 23 - Agricultural Liming Materials.›Section 2-23-10 - Suspension From Sale, Seizure and Condemnation of Agricultural Liming Materials Of... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 23 - Agricultural Liming Materials. › Section 2-23-10 - Suspension From Sale, Seizure and Condemnation of Agricultural Liming Materials Offered or Exposed for Sale in Violation of Chapter, Etc. | Section 2-23-10
Suspension from sale, seizure and condemnation of agricultural liming materials offered or exposed for sale in violation of chapter, etc.
The commissioner may issue and enforce a written or printed stop sale or suspension from sale, use or removal order to the manufacturer, owner, distributor or custodian of any lot of agricultural liming materials being held for sale purposes and to hold such material at a designated place when such agricultural liming material is being offered or exposed for sale in violation of any of the provisions of this chapter until the law has been complied with and such agricultural liming material is released in writing by the commissioner or his authorized agents or such liming material has been otherwise legally disposed of by written or judicial authority. Any lot or other quantity of agricultural liming material not in compliance with the provisions and requirements of this chapter or rules and regulations duly adopted and promulgated hereunder shall be subject to suspension from sale, seizure and condemnation in accordance with the procedure now prescribed by law under Article 2 of Chapter 2 of this title.
(Acts 1975, No. 1190, §8.) |
https://law.justia.com/codes/alabama/title-2/chapter-23/section-2-23-11/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 23 - Agricultural Liming Materials.›Section 2-23-11 - Violations of Chapter or Rules or Regulations Promulgated Thereunder Deemed Misdem... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 23 - Agricultural Liming Materials. › Section 2-23-11 - Violations of Chapter or Rules or Regulations Promulgated Thereunder Deemed Misdemeanors. | Section 2-23-11
Violations of chapter or rules or regulations promulgated thereunder deemed misdemeanors.
Any person who shall violate any of the provisions of this chapter or who fails to perform any duty or requirement imposed by the provisions of this chapter or who violates any rule or regulation duly promulgated under this chapter shall be guilty of a misdemeanor and upon conviction shall be punished as now prescribed by law for such an offense.
(Acts 1975, No. 1190, §10.) |
https://law.justia.com/codes/alabama/title-2/chapter-24/section-2-24-1/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 24 - Soil-Testing Laboratories.›Section 2-24-1 - Purpose of Chapter. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 24 - Soil-Testing Laboratories. › Section 2-24-1 - Purpose of Chapter. | Section 2-24-1
Purpose of chapter.
Recognized soil-testing practices are the most effective means by which fertilizer and lime needs of fields, pastures and gardens can be determined for the growth of certain crops, plants and grasses. It is a means of providing the latest information available from research and experimental sources for fertilizers and limes needed for agricultural production. Therefore, the purpose of this chapter is to authorize the approval and certification of agricultural soil-testing laboratories which follow recommended uniform methods, procedures and standards for the soil and climatic conditions which prevail in the State of Alabama.
(Acts 1969, No. 820, p. 1480, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-24/section-2-24-2/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 24 - Soil-Testing Laboratories.›Section 2-24-2 - Approval and Certification. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 24 - Soil-Testing Laboratories. › Section 2-24-2 - Approval and Certification. | Section 2-24-2
Approval and certification.
The Commissioner of Agriculture and Industries, pursuant to rules and regulations adopted under this chapter as provided in this chapter and upon application therefor, is hereby authorized to approve and to certify soil-testing laboratories which meet the requirements as set forth in such rules and regulations.
(Acts 1969, No. 820, p. 1480, §2.) |
https://law.justia.com/codes/alabama/title-2/chapter-24/section-2-24-3/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 24 - Soil-Testing Laboratories.›Section 2-24-3 - Promulgation of Rules and Regulations as to Procedures, Methods, Standards, etc., f... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 24 - Soil-Testing Laboratories. › Section 2-24-3 - Promulgation of Rules and Regulations as to Procedures, Methods, Standards, etc., for Soil-Testing Laboratories. | Section 2-24-3
Promulgation of rules and regulations as to procedures, methods, standards, etc., for soil-testing laboratories.
The State Board of Agriculture and Industries is hereby authorized to adopt and promulgate rules and regulations which shall set forth and require uniform methods, procedures and standards to be followed by soil-testing laboratories in determining the fertilizer and lime needed for agricultural crop, pasture and garden production where the results of such tests will be used for the sale, use and application of commercial fertilizers and limes. Such rules and regulations may provide for the qualifications and training of laboratory personnel, chemical and other procedures to be followed, soil extraction methods, use of calibration data, laboratory reports, method and manner of making recommendations for the fertilizer and lime needs of soils, procedure for check samples and other procedures, requirements and standards deemed necessary for the operation of an effective soil-testing laboratory. Such rules and regulations may also provide for recertification annually or more frequently when determined to be necessary and that any such approval and certification may be revoked for failure to maintain and follow certification requirements. The State Board of Agriculture and Industries is authorized to request technical information, advice, recommendations and other assistance from the Agricultural Experiment Station and the Cooperative Extension Service of Auburn University as may be needed in adopting rules, regulations and other requirements for the administration of the provisions and requirements of this chapter.
(Acts 1969, No. 820, p. 1480, §3.) |
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