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https://law.justia.com/codes/alabama/title-2/chapter-24/section-2-24-4/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 24 - Soil-Testing Laboratories.›Section 2-24-4 - Certification of Soil-Testing Laboratories Not Mandatory; Agricultural Soil-Testing...
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 24 - Soil-Testing Laboratories. › Section 2-24-4 - Certification of Soil-Testing Laboratories Not Mandatory; Agricultural Soil-Testing Laboratory of Auburn University Not Affected by Article.
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Section 2-24-4
Certification of soil-testing laboratories not mandatory; agricultural soil-testing laboratory of Auburn University not affected by article.
No person, firm, partnership, corporation or association which maintains a soil-testing laboratory for agricultural purposes shall be required to comply with the provisions of this chapter as it is hereby intended that only those laboratories which desire to be certified under authority of this chapter shall be required to comply with its requirements. The agricultural soil-testing laboratory of Auburn University shall not in any way be affected by the requirements of this chapter, nor shall such laboratory be required to comply with any of its requirements.
(Acts 1969, No. 820, p. 1480, §4.)
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https://law.justia.com/codes/alabama/title-2/chapter-24/section-2-24-5/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 24 - Soil-Testing Laboratories.›Section 2-24-5 - Making of False or Fraudulent Representations as to Approval and Certification by C...
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 24 - Soil-Testing Laboratories. › Section 2-24-5 - Making of False or Fraudulent Representations as to Approval and Certification by Commissioner.
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Section 2-24-5
Making of false or fraudulent representations as to approval and certification by commissioner.
Any person, firm, partnership, corporation or association who shall make any false or fraudulent representations that it is approved and certified by the Commissioner of Agriculture and Industries without complying with the provisions of this chapter shall be guilty of a misdemeanor and, upon conviction, shall be punished as now provided by law for such an offense.
(Acts 1969, No. 820, p. 1480, §5.)
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https://law.justia.com/codes/alabama/title-2/chapter-25/article-1/section-2-25-1/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 25 - Plants and Trees.›Article 1 - Insect and Disease Control.›Section 2-25-1 - Definitions.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 1 - Insect and Disease Control. › Section 2-25-1 - Definitions.
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Section 2-25-1
Definitions.
When used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) PLANT PEST. Any living stage of any insects, mites, nematodes, slugs, snails, protozoa, or other invertebrate animals, bacteria, fungi, other parasitic plants or reproductive parts thereof, or viruses, or any organisms similar to or allied with any of the foregoing, or any infectious substances which can directly or indirectly injure or cause disease or damage in any plants or parts thereof or any processed, manufactured, or other products of plants and which may be a serious agricultural or horticultural threat in Alabama. Evidence of a plant pest shall be considered a public nuisance.
(2) NOXIOUS WEED. Any living stage, including, but not limited to, seeds and productive parts of a parasitic or other plant of a kind, or subdivision of a kind, which may be a serious agricultural threat in Alabama. Evidence of noxious weed shall be considered a public nuisance.
(3) PLANTS and PLANT PRODUCTS. Trees, shrubs, vines, forage and cereal plants and all other plants, cuttings, grafts, scions, buds and all others parts of plants and fruit, vegetables, roots, bulbs, tubers, seeds, wood, lumber, and all other products made therefrom.
(4) NURSERY STOCK. All plants, trees, shrubs, vines, cuttings, grafts, scions and buds grown or kept for or capable of propagation, distribution or sale, unless specifically excluded by the rules and regulations promulgated pursuant to this article.
(5) NURSERY. Any grounds or premises on or in which nursery stock is grown or propagated for sale or distribution.
(6) NURSERYMAN. Any person engaged in the production of nursery stock for sale or distribution to include any person who obtains nursery stock for the purpose of growing it to a more mature size over a period of one growing season or more.
(7) DEALER. Any person not a grower of nursery stock who buys, receives on consignment or otherwise acquires and has in his possession nursery stock for the purpose of offering or exposing for sale, reselling, reshipping or distributing same. A person from out of state selling nursery stock directly to the public from a vehicle or from any other location within the state shall be considered a dealer whether such nursery stock is grown by him or not, and such person must comply with all requirements pertaining to the sale of nursery stock in Alabama. It shall include any person who is authorized to represent a nurseryman, another dealer or another agent in soliciting wholesale or retail orders for the sale of nursery stock, but who keeps no nursery stock on hand for sale, display or advertising purposes or for delivery at the time an order is taken.
(8) PLACES. Vessels, railroad cars, automobiles, aircraft, and other vehicles, buildings, docks, nurseries, orchards and other premises where plants or plant products are grown, kept or handled.
(9) INFESTATION. The actual presence of plant pests and/or noxious weeds or the existence of circumstances that make it reasonable to believe plant pests and/or noxious weeds are present.
(10) COMMISSIONER. The Commissioner of Agriculture and Industries or his authorized representatives.
(11) BOARD. The State Board of Agriculture and Industries.
(12) PERSON. Any individual, corporation, company, society, association or other business entity.
(13) DISTRIBUTION. The movement of nursery stock from the property where it is grown or kept to any other property that is not contiguous thereto, regardless of the ownership of the properties concerned.
(Ag. Code 1927, §291; Code 1940, T. 2, §;451; Acts 1969, No. 1147, p. 2150, §1; Acts 1991, No. 91-632, p. 1179, §1.)
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https://law.justia.com/codes/alabama/title-2/chapter-25/article-1/section-2-25-2/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 25 - Plants and Trees.›Article 1 - Insect and Disease Control.›Section 2-25-2 - Purposes of Article.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 1 - Insect and Disease Control. › Section 2-25-2 - Purposes of Article.
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Section 2-25-2
Purposes of article.
The purposes of this article are to prevent the introduction into and dissemination within this state of plant pests and noxious weeds injurious to plants and plant products of this state, to provide for the inspection and control of nurseries and the regulation of the sale and distribution of plants and plant products and to prescribe the powers and duties of the board and commissioner relative thereto.
(Ag. Code 1927, §289; Code 1940, T. 2, §450; Acts 1991, No. 91-632, p. 1179, §2.)
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https://law.justia.com/codes/alabama/title-2/chapter-25/article-1/section-2-25-3/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 25 - Plants and Trees.›Article 1 - Insect and Disease Control.›Section 2-25-3 - Power and Duty of Commissioner as to Protection of Agricultural and Horticultural I...
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 1 - Insect and Disease Control. › Section 2-25-3 - Power and Duty of Commissioner as to Protection of Agricultural and Horticultural Interests From Plant Pests and Noxious Weeds Generally.
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Section 2-25-3
Power and duty of commissioner as to protection of agricultural and horticultural interests from plant pests and noxious weeds generally.
It shall be the duty of the commissioner to protect the agricultural and horticultural interests of the state from plant pests and noxious weeds; and, to that end, he is vested with power and authority to:
(1) Inspect or cause to be inspected by duly authorized employees, plants, plant products, places or other things and substances that may, in his opinion, be capable of disseminating or carrying plant pests or noxious weeds, and, for this purpose, he shall have power to enter into or upon any place and to open any bundle, package or other container containing or thought to contain plants or plant products or other things capable of disseminating or carrying plant pests or noxious weeds;
(2) Supervise or cause the treatment, cutting and destruction of plants, plant parts, fruit, soil, containers, equipment, and other articles capable of harboring plant pests or noxious weeds if they are infested or located in an area which may be suspected of being infested or infected due to its proximity to a known infestation or infection, or if they come from a situation where they are reasonably exposed to infestation or infection when necessary to prevent or control the dissemination of plant pests or noxious weeds, or to eradicate same and to prescribe rules and regulations therefor;
(3) Inspect or cause to be inspected all nurseries in the state at such intervals as he may deem best;
(4) Demand of any person who has plants or plant products or other things likely to carry plant pests or noxious weeds in his possession to give full information as to the origin and source of same, and it shall be a Class "C" misdemeanor for such person to refuse to give the information demanded, if able to do so;
(5) Declare a plant pest or noxious weeds to be a public nuisance as well as any plant or other thing infested or infected therewith or that has been exposed to infestation or infection and therefore likely to communicate same;
(6) Intercept and inspect while in transit or after arrival at destination all plants, plant products or other things likely to carry plant pests or noxious weeds being moved in this state or brought into this state from another state, territory or foreign country, and, if upon inspection, the same is found to be infested or infected with a plant, pest or noxious weed, or if such material is believed to be likely to communicate or transmit same or is being transported in violation of any of the rules and regulations of the commissioner, then said plants, plant products or other things may be treated when necessary and released, returned to the sender or destroyed, such disposition to be determined under rules and regulations to be prescribed by the board and commissioner;
(7) Purchase all necessary materials, supplies, office and field equipment and other things and to make such other expenditures as may be essential and necessary in carrying out the provisions of this article;
(8) Enforce the provisions of this article and the rules and regulations made pursuant thereto by writ of injunction in the proper court as well as by criminal proceedings;
(9) To enter into cooperative arrangements with any person, municipality, county, and other department of this state and boards, officers, and authorities of other states and the United States for inspection with reference to plant pests and noxious weeds for the control and eradication thereof or to enter into cooperative agreements as above, for the production and distribution of organisms, pesticides, chemical compounds, or other methods of control investigated, discovered, or developed. The commissioner may accept a royalty or other remuneration for his services or contribution, which shall be deposited into the Agricultural Fund for use in furtherance of this article; and
(10) To conduct hearings, administer oaths, to compel appearance of persons and any books, documents or records by subpoena or subpoena duces tecum, to examine any books or records kept by nurserymen or dealers in nursery stock which pertain to the business of handling, growing, distributing, selling, or any other activity involving plants, plant products, or nursery stock regulated by this article.
(Ag. Code 1927, §296; Code 1940, T. 2, §456; Acts 1991, No. 91-632, p. 1179, §3.)
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https://law.justia.com/codes/alabama/title-2/chapter-25/article-1/section-2-25-4/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 25 - Plants and Trees.›Article 1 - Insect and Disease Control.›Section 2-25-4 - Power and Duty of Board as to Protection of Agricultural and Horticultural Interest...
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 1 - Insect and Disease Control. › Section 2-25-4 - Power and Duty of Board as to Protection of Agricultural and Horticultural Interests From Plant Pests and Noxious Weeds Generally.
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Section 2-25-4
Power and duty of board as to protection of agricultural and horticultural interests from plant pests and noxious weeds generally.
It shall be the duty of the board to protect the agricultural and horticultural interests of the state and, to that end, it is vested with power and authority to:
(1) Make all such rules and regulations governing nurseries and the movement of nursery stock therefrom or the introduction of nursery stock therein as it may deem necessary to the eradication, control or prevention of the dissemination of plant pests or noxious weeds;
(2) Make rules and regulations to govern the grading, marking, sale and distribution of nursery stock by dealers and nurserymen;
(3) Provide rules and regulations under which nursery stock may be brought into this state from other states, territories and foreign countries;
(4) Make such rules and regulations with reference to plants and plant products while in transit through this state as may be deemed necessary to prevent the introduction into or dissemination within this state of injurious plant pests and noxious weeds;
(5) Declare a quarantine against any area, place, nursery, grove, orchard, county or counties within this state, other states, territories, foreign countries or portions thereof in reference to plant pests or noxious weeds and prohibit the movement within this state or any part thereof or the introduction into this state from other states, territories or foreign countries of all plants, plant products or other things from such quarantined places or areas which are likely to carry such plant pests and noxious weeds if such quarantine is determined, after due investigation, to be necessary in order to protect the agricultural and horticultural interests of this state. In such cases the quarantine may be made absolute or rules and regulations may be adopted prescribing the method and manner under which the prohibited articles may be moved into or within, sold or otherwise disposed of in this state; and
(6) Make and publish reasonable rules and regulations regarding the application for the issuance, or revocation of certificates of inspection, under Section 2-25-6.
(Ag. Code 1927, §297; Code 1940, T. 2, §457; Acts 1991, No. 91-632, p. 1179, §4.)
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https://law.justia.com/codes/alabama/title-2/chapter-25/article-1/section-2-25-5/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 25 - Plants and Trees.›Article 1 - Insect and Disease Control.›Section 2-25-5 - Exercise of Quarantine Powers of Board by Commissioner.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 1 - Insect and Disease Control. › Section 2-25-5 - Exercise of Quarantine Powers of Board by Commissioner.
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Section 2-25-5
Exercise of quarantine powers of board by commissioner.
All powers and authority as to the declaration and imposition of quarantines granted in Section 2-25-4 to the board may be exercised by the commissioner, acting independently of the board, during the intervening time between the meetings of the board; provided, that when the same are exercised by the commissioner, such quarantines shall be subject to review by the board, which shall have the power to revoke or annul the same; but, until so revoked or annulled by the board, all such quarantines of the commissioner shall be held legal and binding and of full force and effect.
(Ag. Code 1927, §298; Code 1940, T. 2, §458.)
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https://law.justia.com/codes/alabama/title-2/chapter-25/article-1/section-2-25-6/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 25 - Plants and Trees.›Article 1 - Insect and Disease Control.›Section 2-25-6 - Inspection Certificate Required for Nurserymen and Dealers in Nursery Stock; Fees.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 1 - Insect and Disease Control. › Section 2-25-6 - Inspection Certificate Required for Nurserymen and Dealers in Nursery Stock; Fees.
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Section 2-25-6
Inspection certificate required for nurserymen and dealers in nursery stock; fees.
(a)(1) Before any nurseryman or dealer in nursery stock may sell, offer, or expose for sale or distribution in this state any nursery stock, he or she shall apply for and obtain from the commissioner an inspection certificate indicating compliance with the provisions of this article and the rules and regulations promulgated thereunder. The inspection certificate shall, among other requirements, be based upon an inspection conducted by the commissioner of the nursery stock and the area where it is kept, stored or grown. The inspection certificate issued by the commissioner shall expire on September 30 and shall be renewable on or before October 1 for the succeeding fiscal year.
(2) Where nursery stock is grown at more than one location by one nurseryman, fees shall be based upon the previous year's volume of sales, and established by rule of the Board of Agriculture and Industries, and the fees shall be deposited to the credit of the Agricultural Fund in the State Treasury.
(b)(1) Each application for a certificate of inspection shall be accompanied by an inspection fee. The fees shall be determined by the board by rule based upon the previous year's volume of sales, but in no event shall the board prescribe fees in excess of two hundred thirty dollars ($230), nor less than fifty dollars ($50) for any one certificate as follows:
Previous Year's Gross Sales of Production
Maximum Fee for Range
less than $100,000
$50.00
$100,000 to $500,000
$100.00
$500,000 to $1,000,000
$150.00
more than $1,000,000
$230.00
(2) Certain public agencies designated by the board may, in the board's discretion, be exempt from the requirements of an inspection fee, although all other requirements for a certificate of inspection shall be met by the public agency. Delinquent fees shall be handled as provided under Section 2-9-2, but operating as a nurseryman or dealer without a valid and up-to-date certificate of inspection is a violation of the provisions of this article and will be handled accordingly.
(c) Before any nurseryman or dealer in nursery stock may sell, offer or expose for sale or distribution any nursery stock, such person shall file with the commissioner a duplicate certificate of inspection issued by the official certifying agency of the state or country where the nursery stock is grown together with the inspection certificate fee which shall be an amount not to exceed twenty dollars ($20), the fee to be deposited to the credit of the Agricultural Fund in the State Treasury. The inspection certificate shall expire on September 30 of each year and be renewable as of October 1; provided, that the commissioner may enter into reciprocal agreements with the certifying agency of other states whereby no certificate or permit fee is required, provided Alabama nurserymen and dealers who otherwise qualify are permitted to ship nursery stock into such states without having to pay a fee for an inspection certificate or permit granting that privilege and provided further, that the commissioner shall find that the inspection standards of that state are equal to those required by the Alabama law and rules and regulations of the Department of Agriculture and Industries.
(Ag. Code 1927, §292; Acts 1939, No. 643, p. 1007; Code 1940, T. 2, §452; Acts 1953, No. 645, p. 903; Acts 1969, No. 1147, p. 2150, §2; Acts 1991, No. 91-632, p. 1179, §5; Act 2004-516, p. 996, §1.)
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https://law.justia.com/codes/alabama/title-2/chapter-25/article-1/section-2-25-8/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 25 - Plants and Trees.›Article 1 - Insect and Disease Control.›Section 2-25-8 - When Commissioner May Refuse, Recall or Revoke Inspection Certificates.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 1 - Insect and Disease Control. › Section 2-25-8 - When Commissioner May Refuse, Recall or Revoke Inspection Certificates.
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Section 2-25-8
When commissioner may refuse, recall or revoke inspection certificates.
The commissioner shall have the power to refuse to issue an inspection certificate or to recall or to revoke any certificate already issued when he shall have reasonable cause to believe that the applicant for or holder of said certificate may tend to introduce into the state or disseminate within this state plant pests or noxious weeds injurious to plants and plant products of this state, or if an applicant or holder of said certificate is selling, offering to sell, distributing or offering to distribute nursery stock in violation of this article or the rules and regulations promulgated thereunder.
The commissioner may also refuse to certify or revoke or suspend existing certification of any nursery stock or plant product when it has been determined that plant pests and/or noxious weeds exist on said stock or product, or that the nursery or site is in such condition with regard to growth and cultivation that an adequate inspection for plant pests cannot be made.
(Ag. Code 1927, §294; Code 1940, T. 2, §454; Acts 1991, No. 91-632, p. 1179, §7.)
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https://law.justia.com/codes/alabama/title-2/chapter-25/article-1/section-2-25-9/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 25 - Plants and Trees.›Article 1 - Insect and Disease Control.›Section 2-25-9 - Affixation of Official Tags to Boxes, Packages, etc., in Which Nursery Stock Shippe...
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 1 - Insect and Disease Control. › Section 2-25-9 - Affixation of Official Tags to Boxes, Packages, etc., in Which Nursery Stock Shipped; Furnishing of Official Tags; Confiscation of Boxes, Packages, etc., Shipped Into State Without Official Tags.
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Section 2-25-9
Affixation of official tags to boxes, packages, etc., in which nursery stock shipped; furnishing of official tags; confiscation of boxes, packages, etc., shipped into state without official tags.
Each box, bundle or package of nursery stock moved into or within the State of Alabama shall have a valid official tag bearing a copy of the certificate of inspection and seal of the Department of Agriculture and Industries conspicuously attached. Official tags will be furnished at cost through the commissioner. Certificate tags are not required on local retail sales where such sales are made directly to the ultimate user of such nursery stock. Each box, bundle or package of nursery stock shipped into or within Alabama by any person shall bear a valid certificate tag, and shipments of stock not thus tagged shall be liable to confiscation by the commissioner.
(Ag. Code 1927, §295; Code 1940, T. 2, §;455; Acts 1943, No. 495, p. 466; Acts 1969, No. 1147, p. 2150, §4; Acts 1991, No. 91-632, p. 1179, §8.)
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https://law.justia.com/codes/alabama/title-2/chapter-25/article-1/section-2-25-10/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 25 - Plants and Trees.›Article 1 - Insect and Disease Control.›Section 2-25-10 - Introduction Into State of Live Plant Pests, etc., or Specimens of Disease Injurio...
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 1 - Insect and Disease Control. › Section 2-25-10 - Introduction Into State of Live Plant Pests, etc., or Specimens of Disease Injurious to Plants; Special Permit.
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Section 2-25-10
Introduction into state of live plant pests, etc., or specimens of disease injurious to plants; special permit.
The introduction into this state of any live plant pest, noxious weed, or any regulated articles, or specimen of any disease injurious to plants, except under a special permit issued by the commissioner is hereby prohibited. He shall be the sole issuing agency for such special permits.
(Ag. Code 1927, §301; Code 1940, T. 2, §461; Acts 1991, No. 91-632, p. 1179, §9.)
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https://law.justia.com/codes/alabama/title-2/chapter-25/article-1/section-2-25-11/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 25 - Plants and Trees.›Article 1 - Insect and Disease Control.›Section 2-25-11 - Common Carriers, etc., Not to Accept for Shipment or Deliver Nursery Stock, etc.,...
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 1 - Insect and Disease Control. › Section 2-25-11 - Common Carriers, etc., Not to Accept for Shipment or Deliver Nursery Stock, etc., Without Official Tags, Etc.
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Section 2-25-11
Common carriers, etc., not to accept for shipment or deliver nursery stock, etc., without official tags, etc.
No transportation company or common carrier shall accept from any shipper or person or deliver to any consignee nursery stock or other plants or plant products named in the regulations of the State Board of Agriculture and Industries which do not bear the official tag issued by the commissioner or the inspection tag of the federal Plant Quarantine and Control Administration.
(Ag. Code 1927, §302; Code 1940, T. 2, §462.)
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https://law.justia.com/codes/alabama/title-2/chapter-25/article-1/section-2-25-12/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 25 - Plants and Trees.›Article 1 - Insect and Disease Control.›Section 2-25-12 - Common Carriers Not to Be Liable for Damages for Refusal to Receive, Deliver, etc....
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 1 - Insect and Disease Control. › Section 2-25-12 - Common Carriers Not to Be Liable for Damages for Refusal to Receive, Deliver, etc., Boxes, Packages Without Official Tags, Etc.
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Section 2-25-12
Common carriers not to be liable for damages for refusal to receive, deliver, etc., boxes, packages without official tags, etc.
No common carrier shall be liable for damages to the consignee or consignor for refusing to receive, transport or deliver such trees, packages or boxes, when not accompanied by the tag or certificate as provided in Section 2-25-11.
(Ag. Code 1927, §303; Code 1940, T. 2, §463.)
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https://law.justia.com/codes/alabama/title-2/chapter-25/article-1/section-2-25-13/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 25 - Plants and Trees.›Article 1 - Insect and Disease Control.›Section 2-25-13 - Movement, Sale, etc., Into State or Within State of Plants, Plant Products, etc.,...
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 1 - Insect and Disease Control. › Section 2-25-13 - Movement, Sale, etc., Into State or Within State of Plants, Plant Products, etc., During Quarantines; Confiscation by Commissioner; Plants, etc., Moved Into Quarantined Area.
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Section 2-25-13
Movement, sale, etc., into state or within state of plants, plant products, etc., during quarantines; confiscation by commissioner; plants, etc., moved into quarantined area.
Whenever the board or commissioner under the provisions of this article shall declare a quarantine against any place, nursery, grove, orchard, county or counties of this state, other states, territories or foreign countries as to plant, pest, or noxious weed, it shall be unlawful thereafter until such quarantine is removed for any person to introduce into this state or to move, sell or otherwise dispose of within this state any plant, plant product or other thing included in such quarantine, except under such rules and regulations as may be prescribed by the board or commissioner.
Any plant, plant product, or other thing included under a quarantine which is moved, sold, or otherwise disposed of within the state in violation of this section, and any plant propagated from such plant, plant product, or other thing, shall be declared contraband and confiscated and destroyed by the commissioner without compensation to anyone.
Any plant, plant product, or other thing moved into a quarantined area shall itself be quarantined and subject to all restrictions of the quarantine.
(Ag. Code 1927, §304; Code 1940, T. 2, §464; Acts 1991, No. 91-632, p. 1179, §10.)
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https://law.justia.com/codes/alabama/title-2/chapter-25/article-1/section-2-25-13-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 25 - Plants and Trees.›Article 1 - Insect and Disease Control.›Section 2-25-13.1 - Sale of Plants or Nursery Stock Which Is Not Viable Unlawful; "Viable" Defined.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 1 - Insect and Disease Control. › Section 2-25-13.1 - Sale of Plants or Nursery Stock Which Is Not Viable Unlawful; "Viable" Defined.
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Section 2-25-13.1
Sale of plants or nursery stock which is not viable unlawful; "viable" defined.
It shall be unlawful to sell or offer for sale any plants or nursery stock unless such plants or nursery stock are viable and meet the basic requirements of a viable plant or viable nursery stock at the time and place of sale. Nursery stock or plants that are capable of living and accomplishing the purpose for which they are grown, whether foliage, flowers, fruit or special use, shall be considered viable. The basic requirements of viable nursery stock or viable plants are as follows:
(1) They must be free of physiological and pathological defects to the extent that all essential parts may function normally.
(2) The root system must have adequate roots or the ability to produce them to support normal performance of all essential parts of the plant. The root system must be adequately protected to prevent excessive loss of moisture while in storage and transit.
(3) The trunk and branches must be capable of transporting fluids throughout the plant and be free from any infirmity of a permanent nature which would interfere with this function. Any damaged branches must be capable of being pruned without seriously deterring growth of the plant.
(4) The leaves must be capable of performing essential manufacturing functions, such as photosynthesis. In the case of deciduous plants, when void of leaves, they must have the ability to put out new leaves capable of functioning normally.
(Acts 1991, No. 91-632, p. 1179, §19.)
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https://law.justia.com/codes/alabama/title-2/chapter-25/article-1/section-2-25-14/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 25 - Plants and Trees.›Article 1 - Insect and Disease Control.›Section 2-25-14 - Sale, Carriage, Shipment, etc., of Nursery Stock by Nurserymen or Dealers.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 1 - Insect and Disease Control. › Section 2-25-14 - Sale, Carriage, Shipment, etc., of Nursery Stock by Nurserymen or Dealers.
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Section 2-25-14
Sale, carriage, shipment, etc., of nursery stock by nurserymen or dealers.
It shall be unlawful for any nurseryman or dealer to sell, give away, carry, ship or deliver for carriage or shipment any nursery stock except in compliance with the provisions of this article and the rules and regulations made pursuant thereto.
(Ag. Code 1927, §305; Code 1940, T. 2, §465; Acts 1991, No. 91-632, p. 1179, §11.)
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https://law.justia.com/codes/alabama/title-2/chapter-25/article-1/section-2-25-15/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 25 - Plants and Trees.›Article 1 - Insect and Disease Control.›Section 2-25-15 - Importation, Sale, Possession, etc., of Fruits, Nuts, etc., Infested or Infected W...
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 1 - Insect and Disease Control. › Section 2-25-15 - Importation, Sale, Possession, etc., of Fruits, Nuts, etc., Infested or Infected With Plant Pests or Noxious Weeds Likely to Cause Damage.
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Section 2-25-15
Importation, sale, possession, etc., of fruits, nuts, etc., infested or infected with plant pests or noxious weeds likely to cause damage.
It shall be unlawful for any person to import, sell, give away or have in possession for sale or barter fruits, nuts, vegetables, flowers of any kind, or plants or plant products in the State of Alabama that are infested or infected with plant pests or noxious weeds of a kind and to such an extent that it is likely to cause serious damage to products susceptible to the plant pests or noxious weeds.
(Ag. Code 1927, §306; Code 1940, T. 2, §466; Acts 1991, No. 91-632, p. 1179, §12.)
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https://law.justia.com/codes/alabama/title-2/chapter-25/article-1/section-2-25-15-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 25 - Plants and Trees.›Article 1 - Insect and Disease Control.›Section 2-25-15.1 - Receipt of Plants, Nursery Stock, etc., Not in Compliance With Law by Common Car...
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 1 - Insect and Disease Control. › Section 2-25-15.1 - Receipt of Plants, Nursery Stock, etc., Not in Compliance With Law by Common Carriers, Et Alia; Duty to Inform Commissioner and Isolate and Hold Item.
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Section 2-25-15.1
Receipt of plants, nursery stock, etc., not in compliance with law by common carriers, et alia; duty to inform commissioner and isolate and hold item.
Any person, including a common carrier, who receives plants, plant products, nursery stock, or other things sold, given away, carried, shipped, or delivered by carriage or shipment within this state, as to which provisions of this article and the rules and regulations adopted pursuant thereto have not been complied with, shall immediately inform the commissioner and isolate and hold the plant, plant product, nursery stock or other thing unopened or unused subject to such inspection or other disposition as may be provided by the commissioner.
(Acts 1991, No. 91-632, p. 1179, §23.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 25 - Plants and Trees.›Article 1 - Insect and Disease Control.›Section 2-25-16 - Throwing Cuttings, Prunings, etc., Into Public Roads, Fields, etc.; Destruction of...
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 1 - Insect and Disease Control. › Section 2-25-16 - Throwing Cuttings, Prunings, etc., Into Public Roads, Fields, etc.; Destruction of Cuttings, Prunings, etc., Containing Plant Pests or Noxious Weeds.
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Section 2-25-16
Throwing cuttings, prunings, etc., into public roads, fields, etc.; destruction of cuttings, prunings, etc., containing plant pests or noxious weeds.
It shall be unlawful for any person owning or operating any nursery or fruit orchards of any kind to throw any cuttings or prunings of any fruit trees, nursery stock or ornamental trees or any fruit if said cuttings, prunings or fruit contain plant pests or noxious weeds into any public road, highway, lane, field or other enclosure or into any watercourse of any kind. Any of the above cuttings or prunings or fruit shall be destroyed with fire or by other methods approved by the commissioner within a reasonable time from the time such cuttings or prunings are made.
(Ag. Code 1927, §307; Code 1940, T. 2, §467; Acts 1991, No. 91-632, p. 1179, §13.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 25 - Plants and Trees.›Article 1 - Insect and Disease Control.›Section 2-25-17.1 - Procedures to Be Used When Plant, Nursery Stock, etc., Found to Contain Plant Pe...
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 1 - Insect and Disease Control. › Section 2-25-17.1 - Procedures to Be Used When Plant, Nursery Stock, etc., Found to Contain Plant Pests or Noxious Weeds; Commissioner's Power, Upon Notice, to Order Removal, Destruction or Treatment; Refusal of Owner to Comply; Liability for Cost of Treatment or Destruction.
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Section 2-25-17.1
Procedures to be used when plant, nursery stock, etc., found to contain plant pests or noxious weeds; commissioner's power, upon notice, to order removal, destruction or treatment; refusal of owner to comply; liability for cost of treatment or destruction.
If the commissioner finds, on examination, any plant, plant product or nursery stock infested or infected with plant pests or noxious weeds, he shall notify in writing the owner or persons having charge of such premises to that effect, and the owner or person in charge shall, within 10 days after such notice, unless an appeal is taken as provided in this article, cause the removal and destruction of the infested and infected plant or plant product if it is incapable of successful treatment; otherwise, such owner or person in charge shall cause it to be treated as directed in the order of the commissioner. No indemnity shall be awarded to the owner for complying with the above notice or orders of the commissioner.
In case the owner or person in charge shall refuse or neglect to comply with the terms of the order within 10 days after receiving it, the commissioner may proceed to treat or destroy the infested or infected plant or plant product. The expense thereof shall be assessed, collected, and enforced against the owner by the commissioner. If such owner shall fail to pay all such expenses within 30 days, the Attorney General shall, or shall cause the district attorney of such circuit, to institute a civil action in the name of the state for the recovery of the same; and when judgment is recovered and collected, the sum shall be paid into the Agricultural Fund.
(Acts 1991, No. 91-632, p. 1179, §18.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 25 - Plants and Trees.›Article 1 - Insect and Disease Control.›Section 2-25-17.2 - Procedures for Fumigation or Treatment of Infested Plants, Etc.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 1 - Insect and Disease Control. › Section 2-25-17.2 - Procedures for Fumigation or Treatment of Infested Plants, Etc.
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Section 2-25-17.2
Procedures for fumigation or treatment of infested plants, etc.
The commissioner is authorized to supervise or cause the fumigation or treatment of nursery stock, plants and plant products infested or infected by plant pests and/or noxious weeds. Fumigation or treatment may be performed by private employees or other persons supervised by the commissioner.
(Acts 1991, No. 91-632, p. 1179, §20.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 25 - Plants and Trees.›Article 1 - Insect and Disease Control.›Section 2-25-18 - Appeals to State Board From Findings or Orders of Commissioner.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 1 - Insect and Disease Control. › Section 2-25-18 - Appeals to State Board From Findings or Orders of Commissioner.
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Section 2-25-18
Appeals to state board from findings or orders of commissioner.
The owner or person in charge may appeal the orders of the commissioner requiring treatment or destruction of plants, plant products or nursery stock by serving written notice of appeal on the commissioner within 10 days after receiving his orders or findings.
This appeal from the findings or orders of the commissioner shall lie to the State Board of Agriculture and Industries, which shall, as soon as practicable, hear and determine the same. The order of the said board shall be enforced by the circuit court upon filing a complaint by the commissioner setting forth said order and requesting enforcement of the same.
(Ag. Code 1927, §309; Code 1940, T. 2, §469; Acts 1991, No. 91-632, p. 1179, §15.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 25 - Plants and Trees.›Article 1 - Insect and Disease Control.›Section 2-25-19.1 - Penalties, Temporary Restraining Orders or Injunctions for Violations Issued Wit...
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 1 - Insect and Disease Control. › Section 2-25-19.1 - Penalties, Temporary Restraining Orders or Injunctions for Violations Issued Without Bond; Form of Action; Approval of Attorney General; Assistance of District Attorneys or Their Deputies.
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Section 2-25-19.1
Penalties, temporary restraining orders or injunctions for violations issued without bond; form of action; approval of Attorney General; assistance of district attorneys or their deputies.
In addition to any other penalties provided hereunder, the commissioner may apply for, and the circuit court shall grant a temporary restraining order, or temporary, or permanent injunction or both, restraining any person from violating or from continuing to violate any provisions of this article or any rules or regulations promulgated under this article, notwithstanding the existence of other remedies at law. Any such restraining orders or injunctions shall be issued without bond. Said action shall be brought in the name of the State of Alabama upon the relation of the Attorney General and with his approval and such officer shall, upon his request, be assisted by the district attorney or deputy district attorney of the judicial circuit in which injunctive proceedings are filed.
(Acts 1991, No. 91-632, p. 1179, §21.)
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https://law.justia.com/codes/alabama/title-2/chapter-25/article-1/section-2-25-19-2/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 25 - Plants and Trees.›Article 1 - Insect and Disease Control.›Section 2-25-19.2 - Acts of Officials, Agents, Employees, etc., Deemed Those of Principal as Well as...
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 1 - Insect and Disease Control. › Section 2-25-19.2 - Acts of Officials, Agents, Employees, etc., Deemed Those of Principal as Well as of Individual.
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Section 2-25-19.2
Acts of officials, agents, employees, etc., deemed those of principal as well as of individual.
In construing and enforcing the provisions of this article, the act, omission, or failure of any official, agent, or other person acting for or employed by any association, partnership, corporation or other principal within the scope of his employment or office shall in every case be deemed the act, omission or failure of such association, partnership, corporation or other principal as well as that of the individual.
(Acts 1991, No. 91-632, p. 1179, §22.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 25 - Plants and Trees.›Article 1 - Insect and Disease Control.›Section 2-25-20 - Promulgation of Rules and Regulations of Board or Commissioner; Admissibility in E...
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 1 - Insect and Disease Control. › Section 2-25-20 - Promulgation of Rules and Regulations of Board or Commissioner; Admissibility in Evidence Thereof.
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Section 2-25-20
Promulgation of rules and regulations of board or commissioner; admissibility in evidence thereof.
(a) All rules and regulations made by the board or commissioner shall be promulgated by publishing same in any official organ of the department or of the board or by giving such other reasonable public notice as may be prescribed by the board; provided, that in cases where it is deemed necessary to place a quarantine to take effect immediately, promulgation may be made by posting a copy in the courthouse or other places as the commissioner may prescribe within the county or counties in which the quarantined area exists.
(b) Printed copies of all acts, rules and regulations, quarantines or notices of the board or of the commissioner which shall be published under the authority of the board shall be admitted as sufficient evidence of such acts, rules, regulations, quarantines or notices in all courts and on all occasions whatsoever; provided, that the correctness of such copies shall be certified to by the chairman of the board or the commissioner.
(Ag. Code 1927, §299; Code 1940, T. 2, §459.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 25 - Plants and Trees.›Article 1 - Insect and Disease Control.›Section 2-25-21 - Review of Rules or Regulations by Board.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 1 - Insect and Disease Control. › Section 2-25-21 - Review of Rules or Regulations by Board.
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Section 2-25-21
Review of rules or regulations by board.
Any person affected by any rule or regulation made on notice given pursuant to this article may have a review thereof by the board for the purpose of having such rule, regulation or notice modified, suspended or withdrawn. Such review shall be allowed and considered and the cost thereof fixed, assessed, collected and paid in such manner and in accordance with such rules and regulations as may be prescribed by the board.
(Ag. Code 1927, §300; Code 1940, T. 2, §460.)
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https://law.justia.com/codes/alabama/title-2/chapter-25/article-1/section-2-25-22/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 25 - Plants and Trees.›Article 1 - Insect and Disease Control.›Section 2-25-22 - Violations of Article, Rules and Regulations, Notice or Order; Forgery, etc., of C...
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 1 - Insect and Disease Control. › Section 2-25-22 - Violations of Article, Rules and Regulations, Notice or Order; Forgery, etc., of Certificates, Etc.
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Section 2-25-22
Violations of article, rules and regulations, notice or order; forgery, etc., of certificates, etc.
Any person who shall violate any provision or requirement of this article or of the rules and regulations made thereunder or of any notice or order given pursuant thereto or who shall forge, counterfeit, destroy or wrongfully or improperly use any certificate provided for in this article or in the rules and regulations made pursuant thereto or who shall interfere with or obstruct any inspector or other employee of the commissioner in the performance of his duties shall be deemed guilty of a Class "C" misdemeanor.
(Ag. Code 1927, §311; Code 1940, T. 2, §471; Acts 1991, No. 91-632, p. 1179, §17.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 25 - Plants and Trees.›Article 2 - Sale of Fruit Trees, etc., as to Kind or Variety.›Section 2-25-40 - Delivery of Fruit Trees of Different Kind, Variety, etc., Than Sold.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 2 - Sale of Fruit Trees, etc., as to Kind or Variety. › Section 2-25-40 - Delivery of Fruit Trees of Different Kind, Variety, etc., Than Sold.
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Section 2-25-40
Delivery of fruit trees of different kind, variety, etc., than sold.
It shall be unlawful for any person, acting either as principal or agent, to sell to any person any fruit trees or other plants representing same to be of a certain kind, variety and description and thereafter to deliver to such purchaser in filling such order and in completing such sale a fruit tree or fruit trees of a different kind, variety or description than the kind, variety or description of such fruit tree or fruit trees so ordered and sold; provided, that a variation in kind, variety and description may vary not more than five percent in any shipment containing not less than 50 such fruit trees.
(Ag. Code 1927, §316; Code 1940, T. 2, §482.)
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https://law.justia.com/codes/alabama/title-2/chapter-25/article-2/section-2-25-41/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 25 - Plants and Trees.›Article 2 - Sale of Fruit Trees, etc., as to Kind or Variety.›Section 2-25-41 - Limitation Period for Prosecutions Under Section 2-25-40.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 2 - Sale of Fruit Trees, etc., as to Kind or Variety. › Section 2-25-41 - Limitation Period for Prosecutions Under Section 2-25-40.
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Section 2-25-41
Limitation period for prosecutions under Section 2-25-40.
Prosecutions may be commenced at any time within seven years from the time of the delivery of such fruit tree or fruit trees mentioned in Section 2-25-40.
(Ag. Code 1927, §318; Code 1940, T. 2, §483.)
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https://law.justia.com/codes/alabama/title-2/chapter-25/article-2/section-2-25-42/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 25 - Plants and Trees.›Article 2 - Sale of Fruit Trees, etc., as to Kind or Variety.›Section 2-25-42 - Sale, etc., of Falsely Named Seeds, Trees, Plants, Etc.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 25 - Plants and Trees. › Article 2 - Sale of Fruit Trees, etc., as to Kind or Variety. › Section 2-25-42 - Sale, etc., of Falsely Named Seeds, Trees, Plants, Etc.
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Section 2-25-42
Sale, etc., of falsely named seeds, trees, plants, etc.
All trees, seeds, plants and vines sold, offered or exposed for sale in the State of Alabama, shall be properly named as to variety and kind, and any person selling, trading or exchanging or offering or exposing for sale any trees, seeds, plants or vines falsely named as to variety and kind shall be guilty of a misdemeanor.
(Ag. Code 1927, §319; Code 1940, T. 2, §484.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 26 - Seeds.›Article 1 - General Provisions.›Section 2-26-1 - Definitions.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 1 - General Provisions. › Section 2-26-1 - Definitions.
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Section 2-26-1
Definitions.
When used in this article, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) PERSON. An individual, partnership, corporation, company, society, association or agency.
(2) AGRICULTURAL SEED. The seeds of grasses, forage, cereal and fiber crops and any other kinds of seeds commonly recognized within this state as agricultural or field seeds and mixtures of such seeds.
(3) VEGETABLE SEED. The seeds of those crops which are grown in gardens or on truck farms and are generally known and sold under the name of vegetable seeds in this state.
(4) FLOWER SEED. The seeds of all plants grown for ornamental purposes, either for domestic or commercial purposes, and which are generally known and sold under the name of flower seed in this state.
(5) TREE AND SHRUB SEED. The seeds of woody plants commonly known and sold as tree or shrub seeds in this state.
(6) WEED SEEDS. The seeds, bulblets and tubers of all plants generally recognized as weeds within this state, including noxious weed seeds, bulblets and tubers.
(7) NOXIOUS WEED SEED.
a. Prohibited noxious weeds.
b. Restricted noxious weeds.
The State Board of Agriculture and Industries by rules and regulations adopted under authority of this article is authorized to designate noxious weeds which shall be prohibited and noxious weeds which shall be restricted after public hearing indicates such prohibitions or restrictions are for the best interest of Alabama agriculture. Seed containing noxious weeds designated by the State Board of Agriculture and Industries as prohibited shall not be sold or offered for sale, and seed containing noxious weeds designated as restricted may be sold or offered for sale under limitations established by the board.
(8) OTHER CROP SEED. The seed of all kinds or varieties of agricultural or vegetable seeds not of the kind or variety declared on the label or tag.
(9) INERT MATTER. All matter not seeds, including, among others, broken seeds, sterile florets, chaff, fungus bodies and stones, etc.
(10) PURE SEED. The seed of the kind or kind and variety of agricultural, tree, shrub or vegetable seed declared on the label or tag.
(11) KIND. One or more related species or subspecies which singly or collectively are known by one common name, for example, wheat, oat, vetch, sweet clover, cabbage, cauliflower, etc.
(12) VARIETY. A subdivision of a kind which is characterized by growth, plant, fruit, seed, period of maturation or other characters by which it can be differentiated from other sorts of the same kind, for example, Redhart wheat, Flat Dutch cabbage, Otootan soybeans, Chantenay carrot, etc.
(13) GERMINATION. The percentage of seeds capable of producing normal seedlings under ordinarily favorable conditions (not including seeds which produce weak, malformed or obviously abnormal sprouts nor hard seeds).
(14) HARD SEEDS. The percentage of seeds which because of hardness or impermeability do not absorb moisture or germinate under prescribed tests but remain hard during the period prescribed for germination of the kind of seed concerned.
(15) MIXTURE. Seed consisting of more than one kind or variety, each present in excess of 5 percent of the whole.
(16) DEALER. Any person who buys and sells seed in Alabama. An itinerant trucker who buys seed and sells or delivers them in Alabama shall be deemed to be a dealer and shall be subject to the requirements of this article.
(17) LOT OF SEED. A definite quantity of seed identified by a lot number, every portion or bag of which is uniform, within permitted tolerances, for the factors which appear in the labeling.
(18) CERTIFIED SEED and REGISTERED SEED. Seed that have been produced and labeled in accordance with the procedure and in compliance with the rules and regulations of an officially recognized seed-certifying agency.
(19) HYBRID SEED CORN. The first generation seed of a cross produced by controlling the pollination and by combining two, three or four inbred lines or by combining one inbred line or a single cross with an open-pollinated variety. Hybrid designations shall be treated as variety names. As used in this subdivision, the term inbred means a pure live strain that has been self-pollinated for not less than three generations.
(20) ORIGIN or WHERE GROWN. The state, if grown in the United States, or country or province, if grown outside the continental United States.
(21) LABELING. All labels and other written, printed or graphic representations in any form whatsoever accompanying and pertaining to any seed, whether in bulk or in containers, and such term includes invoices and other bills of shipment.
(22) ADVERTISEMENT. All representations, other than those on the label, disseminated in any manner or by any means, relating to seed within the scope of this article.
(23) PROCESSING. The passing of seed through a cleaning machine for the purpose of removing some constituent or through a blending machine or grinding of the seed for other uses.
(Acts 1943, No. 560, p. 552, §1; Acts 1963, No. 424, p. 931, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 26 - Seeds.›Article 1 - General Provisions.›Section 2-26-2 - Powers and Duties of Commissioner Generally.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 1 - General Provisions. › Section 2-26-2 - Powers and Duties of Commissioner Generally.
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Section 2-26-2
Powers and duties of commissioner generally.
It shall be the duty of the Commissioner of Agriculture and Industries, who may act individually or through his authorized agents to:
(1) Inspect, sample, make analyses of and test agricultural, vegetable, herb, tree, shrub and flower seeds transported, sold, offered or exposed for sale or distributed within this state for sowing or planting purposes, at such time and place and to such extent as he may deem necessary to determine whether said seeds are in compliance with the provisions of this article and notify promptly the person who transported, sold, offered or exposed the seed for sale of any violation;
(2) Enter upon any public or private premises during regular business hours in order to have access to seeds subject to this article and the rules and regulations thereunder;
(3) Issue and enforce a written or printed "stop-sale," "suspension from sale" or "nonuse" order to the owner or custodian of any lot of agricultural, vegetable, flower, tree, shrub or herb seed which is found to be in violation of any of the provisions of this article, which shall prohibit further sale or use of such seed until such officer has evidence that the law has been complied with; provided, that in respect to seeds which have been denied sale, the owner or custodian of such seeds shall have the right to appeal from such order to a court of competent jurisdiction where the seeds are found, requesting a judgment as to the justification of said order and for the discharge of such seed from the order prohibiting this sale in accordance with the findings of the court;
(4) Establish and maintain or make provision for seed testing and sampling facilities, employ qualified persons and incur such expenses as may be necessary to comply with these provisions;
(5) Make or provide for making purity and germination tests of such seeds for farmers and dealers on request, prescribe rules governing such testing and fix and collect charges for such tests. The fees collected for making service tests shall be paid into the Agricultural Fund;
(6) Cooperate with the United States Department of Agriculture in seed law enforcement; and
(7) Publish the result of laboratory and field analyses and tests, information shown on analyses tags or labels by seedsmen and information pertaining to violations of this article.
(Acts 1943, No. 560, p. 552, §7; Acts 1963, No. 424, p. 931, §8.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 26 - Seeds.›Article 1 - General Provisions.›Section 2-26-3 - Promulgation of Rules and Regulations by State Board.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 1 - General Provisions. › Section 2-26-3 - Promulgation of Rules and Regulations by State Board.
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Section 2-26-3
Promulgation of rules and regulations by state board.
(a) The State Board of Agriculture and Industries shall have power to prescribe and, after public hearing following due public notice, to adopt rules and regulations governing the method of sampling, inspecting, analyzing, testing and examining agricultural, vegetable, flower, tree, shrub and herb seed and the tolerances and limitations to be followed in the administration of this article, to add to or subtract from the list of noxious weeds, to adopt or amend standards for vegetable, flower, tree, shrub and herb seed, to increase or lower the standards for seeds when found to be in the best interest of users of seed and to meet emergencies, to adopt sizes of containers for seed sold, offered for sale or distributed in Alabama, to establish reasonable limitations as to the number of bags or other containers of seed in any one lot of seed sold, offered for sale or distributed in Alabama and such other rules and regulations as may be reasonably necessary to carry out the evident intent and purposes of this article and to secure its efficient administration and enforcement.
(b) The board shall also be authorized to adopt rules and regulations to govern and control the sale or offering for sale of any seed which may be labeled and sold as feed or feed grain where such feed or grain is or may be used for planting purposes. The board is authorized to adopt rules, regulations and recommendations of the Association of Seed Control Officials of the Southern States; provided, that such recommendations are not in conflict with the provisions of this article.
(c) The board shall also be authorized to adopt rules and regulations which will prohibit any false or misleading labeling, false or misleading advertising or other false or misleading representations with respect to sale, handling, labeling or distribution of any agricultural, vegetable, flower, tree or herb seed sold, offered for sale or distributed in Alabama where the sale of such seed is subject to any of the provisions and requirements of the Plant Variety Protection Act of the Congress of the United States.
(Acts 1943, No. 560, p. 552, §6; Acts 1963, No. 424, p. 931, §7; Acts 1975, No. 741, §3.)
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https://law.justia.com/codes/alabama/title-2/chapter-26/article-1/section-2-26-3-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 26 - Seeds.›Article 1 - General Provisions.›Section 2-26-3.1 - Exclusive Jurisdiction of Board and Commissioner; Local Regulation of Seeds Prohi...
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 1 - General Provisions. › Section 2-26-3.1 - Exclusive Jurisdiction of Board and Commissioner; Local Regulation of Seeds Prohibited.
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Section 2-26-3.1
Exclusive jurisdiction of board and commissioner; local regulation of seeds prohibited.
(a) This chapter and its provisions and requirements are of statewide concern and occupy the whole field of regulation regarding the cultivation, harvesting, production, processing, registration, labeling, marketing, sale, storage, transportation, distribution, possession, notification of use, planting, or other use of seeds. The entire subject matter of this chapter shall be subject to the exclusive jurisdiction of the Board of Agriculture and Industries and the Commissioner of Agriculture and Industries.
(b) Except as otherwise specifically provided in this chapter, no law, ordinance, rule, regulation, or resolution of any county, municipality, or other political subdivision of this state may prohibit or in any way attempt to regulate any matter relating to the cultivation, harvesting, production, processing, registration, labeling, marketing, sale, storage, transportation, distribution, possession, notification of use, and planting of seeds. Any law, ordinance, rule, regulation, or resolution in conflict with, in addition to, or supplemental to this chapter, is declared to be invalid and of no effect.
(c) Nothing in this chapter shall be construed to preempt or limit remedies available under common law or statute.
(Act 2016-114, §1.)
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https://law.justia.com/codes/alabama/title-2/chapter-26/article-1/section-2-26-4/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 26 - Seeds.›Article 1 - General Provisions.›Section 2-26-4 - Establishment of Seed Division and Testing Laboratory; Enforcement of Rules and Reg...
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 1 - General Provisions. › Section 2-26-4 - Establishment of Seed Division and Testing Laboratory; Enforcement of Rules and Regulations as to Sale or Distribution of Tree or Shrub Seed.
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Section 2-26-4
Establishment of seed division and testing laboratory; enforcement of rules and regulations as to sale or distribution of tree or shrub seed.
(a) There shall be established within the Department of Agriculture and Industries a seed division which shall maintain facilities, equipment, and qualified personnel to perform the seed testing, sampling, and analysis work required to execute the provisions and requirements of this article. Any testing or analysis required to be performed may be performed as provided in Section 2-2-33. The seed division established and created under this section shall also perform the administrative, clerical, and other work incident to the administration and enforcement of the provisions and requirements of this article and such seed testing and administrative duties shall not be performed by any other division of the Department of Agriculture and Industries; except, that the State Board of Agriculture and Industries shall have the authority to enter into an agreement delegating the responsibility for the testing of tree and shrub seed to the United States Forest Service or any other seed laboratory designated and approved by the State Board of Agriculture and Industries.
(b) The responsibility for the enforcement of the rules and regulations governing the sale or distribution of tree or shrub seed within the state shall be the sole responsibility of the state Department of Agriculture and Industries.
(Acts 1963, No. 424, p. 931, §9; Act 2015-262, §2.)
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https://law.justia.com/codes/alabama/title-2/chapter-26/article-1/section-2-26-5/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 26 - Seeds.›Article 1 - General Provisions.›Section 2-26-5 - Annual Permit Fees.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 1 - General Provisions. › Section 2-26-5 - Annual Permit Fees.
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Section 2-26-5
Annual permit fees.
(a) Every person who sells, offers for sale, exposes for sale, distributes or solicits orders for the sale of any agricultural, vegetable, herb, tree, shrub, or flower seed to retail seed dealers, farmers, or to others who use or plant such seed in the State of Alabama shall, before selling or offering such seed for sale or distributing or soliciting orders for the sale of such seed and on or before January 1 of each year secure an annual permit from the Commissioner of Agriculture and Industries to engage in such business. Seed dealers and other sellers of seed shall apply for an annual permit upon forms prescribed by the commissioner, and such permit shall be issued upon the payment of the following permit fees when the application is in proper form:
(1) For each person engaged in selling seed at retail in closed containers or packets of eight ounces or less displayed on a supplemental container display, a permit fee established by the Board of Agriculture and Industries, not to exceed seven dollars fifty cents ($7.50) for each such display, the fee to be deposited to the benefit of the Agricultural Fund in the State Treasury;
(2) For each person selling seed to retail seed dealers, farmers, or others who use or plant the seed, not displayed on a supplemental container display, a permit fee for each place of business, or each representative or representatives, where such person does not maintain an established place of business in Alabama, shall be based on gross receipts from the sale of such seed for the last preceding year in Alabama established by the Board of Agriculture and Industries within the range of the schedule set out below as follows:
Gross Receipts
Permit Fee
1. Receipts of $2,500.00 or less
$ 5.00 - $15.00
2. Receipts of $2,500.01 through $25,000.00
$ 25.00 - $50.00
3. Receipts of $25,000.01 through $50,000.00
$ 50.00 - $75.00
4. Receipts of $50,000.01 through $100,000.00
$100.00 - $150.00
5. Receipts of $100,000.01 through $200,000.00
$200.00 - $300.00
6. Receipts of $200,000.01 through $300,000.00
$300.00 - $400.00
7. Receipts of $300,000.01 through $400,000.00
$400.00 - $500.00
8. Receipts of $400,000.01 through $500,000.00
$500.00 - $600.00
9. Receipts of more than $500,000.00
$600.00 - $700.00
(3) For places of business not previously in operation, the fee shall be based on anticipated gross receipts for the first year of business. Out-of-state seed sellers not previously selling seed in Alabama which sell or distribute seed through a representative soliciting orders in Alabama shall not be required to pay the required permit fee for their first year of operation in the State of Alabama.
(b) Any person selling seed who also sells seed in closed containers or packets of eight ounces or less from a rack display shall be required to pay only the permit fee required by subdivision (2) of subsection (a) of this section.
(c) Persons engaged in the operation of seed cleaning or processing plants, including peanut shellers, seed treaters and corn processors, and persons who purchase seed and process such seed for resale shall be required to obtain a permit as required under this section if such persons clean and/or process or treat seed at their plant, and the annual fee to be paid therefor shall be established by the Board of Agriculture and Industries not to exceed one hundred dollars ($100); provided, that if such persons shall sell seed to retail seed dealers, farmers, or to others who use or plant such seed they shall also be required to pay the annual permit fee required under subdivision (2) of subsection (a) of this section in addition to the annual permit fee.
(d) A broker, as defined in this subsection, shall obtain an annual permit as required by this section and pay the fee required under subdivision (2) of subsection (a) for a person selling seed. The term "broker" as used in this subsection means a person domiciled in Alabama or who solicits business in Alabama who acts as agent for or otherwise represents another person for compensation in negotiating the sale or purchase of agricultural, vegetable, flower, tree, shrub, or herb seed.
(e) Any permit issued under this section shall be valid and effective until January 1 next succeeding the date of issuance. The permit fee levied under this section shall be in addition to all other fees, licenses, taxes, and other similar charges or fees now levied by law for the sale of seed in Alabama. All fees collected under this section and all amounts collected as fines imposed under the penalty provisions of this article shall be paid into the Agricultural Fund of the State Treasury for use in the administration and enforcement of the provisions of this article. Amounts collected under this section as an improper or illegal collection or overpayment may be refunded to the person entitled thereto in accordance with Section 2-1-6.
(f) A permit as required under this section shall be obtained by a person for each place of business at which such person is engaged in the sale of seed and for each separate operation where seed are cleaned, treated, or otherwise processed unless such place of business is an integral part of one business or operation. All permit fees due under this section shall be delinquent if not paid within 30 days from the date on which the permit fee is due, and the commissioner is authorized to add a delinquent penalty of 10 percent to the amount of the permit fee due under this section. The permit fee levied under this section shall be paid by all agricultural cooperative marketing and purchasing associations, 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 payment of the permit fee levied under the provisions of this section.
(g) Farmers or producers of agricultural, vegetable, flower, tree, shrub, or herb seed who sell uncleaned, unprocessed, unpackaged, and unlabeled seed of their own production only and do not sell seed received or purchased from other sources shall not be required to obtain a permit or pay any fee required under this section; provided, that any farmer who sells cleaned, processed, packaged, and labeled seed to retail seed dealers, farmers, or to others who use or plant such seed where the total amount of the sale price thereof is in excess of $3,000.00 in any one year shall be required to obtain a permit and pay the fee required by subdivision (2) of subsection (a) of this section; provided, that the first $3,000.00 worth of cleaned, processed, packaged, and labeled seed of any farmer shall be exempted from the computation of gross receipts in determining the amount of the permit fee.
(Acts 1963, No. 424, p. 931, §10; Acts 1965, 2nd Ex. Sess., No. 118, p. 163; Acts 1971, No. 1951, p. 3168; Act 2004-516, p. 996, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 26 - Seeds.›Article 1 - General Provisions.›Section 2-26-6 - Injunctive Proceedings to Restrain Persons Selling, Processing, Cleaning, etc., See...
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 1 - General Provisions. › Section 2-26-6 - Injunctive Proceedings to Restrain Persons Selling, Processing, Cleaning, etc., Seed Without Permit.
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Section 2-26-6
Injunctive proceedings to restrain persons selling, processing, cleaning, etc., seed without permit.
Any person required to secure a permit as provided under Section 2-26-5 who fails or refuses to apply for and obtain such a permit and pay the fee therefor may be restrained from engaging in the sale of agricultural, vegetable, flower, tree, shrub or herb seed or from operating a seed cleaning, shelling, delinting or processing plant. In addition to the penalty provided in this article, the Commissioner of Agriculture and Industries may file a petition in the circuit court for a temporary restraining order or permanent injunction or both; and, for cause shown, the court shall have jurisdiction to restrain or enjoin any person from engaging in the sale of seed without securing the permit as required under this article. Such temporary restraining order or permanent injunction shall be issued without bond.
(Acts 1963, No. 424, p. 931, §11.)
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https://law.justia.com/codes/alabama/title-2/chapter-26/article-1/section-2-26-7/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 26 - Seeds.›Article 1 - General Provisions.›Section 2-26-7 - Requirements as to Labeling of Containers in Which Seed Sold, Distributed, Etc.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 1 - General Provisions. › Section 2-26-7 - Requirements as to Labeling of Containers in Which Seed Sold, Distributed, Etc.
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Section 2-26-7
Requirements as to labeling of containers in which seed sold, distributed, etc.
(a) Agricultural seed.
(1) Each container of agricultural seed in excess of two pounds which is sold, offered for sale, exposed for sale or distributed within this state for planting or sowing purposes shall have attached thereto in a conspicuous place a plainly written in ink or printed label of a size not less than 2 3/8 x 4 3/4 inches in the English language, giving information for the following items:
a. Commonly accepted name, kind and variety (of those crops for which commercial varieties have been developed) of each agricultural seed component in excess of five percent of the whole, subject to tolerances as provided in Section 2-26-3, and the percentage by weight of each in the order of its predominance. Where more than one component is required to be named, the word "mixture" or the word "mixed" shall be shown conspicuously near the top of the label or tag in type of not less than 8 point;
b. Lot number or other lot identification;
c. Origin or place where grown;
d. Percentage by weight of all weed seeds; provided, that not more than two percent weed seeds may occur in any lot of seed; provided further, that the State Board of Agriculture and Industries is authorized to reduce this percentage and the State Board of Agriculture and Industries is also authorized to exempt certain seeds from this requirement; and provided further, that such seed that may be exempted shall not exceed five percent weed seed;
e. Percentage by weight of agricultural seeds other than those required to be named on the label;
f. Percentage by weight of inert matter;
g. The name and rate of occurrence per pound of the whole for each kind of noxious weed seed provided that the limits under Section 2-26-11 are not exceeded. All determinations of noxious weed seeds are subject to tolerances and methods of determination prescribed in the rules and regulations under this article;
h. Percentage of germination, exclusive of hard seed, percentage of hard seed, when present, and the calendar month and year the test was completed to determine such percentages; provided, that such seed shall not germinate below the minimum standards to be found under Section 2-26-11;
i. Net weight;
j. Name and address of the person who labeled said seed or who sells, offers or exposes it for sale or distribution within this state; and
k. The name and address, for hybrid seed corn, of the person who grew the seed or is responsible for its distribution and the name or designation under which each lot of seed will be sold.
(2) All information required on the analysis tag or label shall be placed on one side of the tag without intervening matter which obliterates, defaces or contradicts the analysis. Information required under subsection (e) of this section hereof for treated seed may be shown on the face of the analysis tag. The State Board of Agriculture and Industries pursuant to rules and regulations is authorized to permit the required labeling information to be placed on the bag or container if found to be in the best interest of Alabama agriculture.
(b) Vegetable seed.
(1) All vegetable seed, including beans, peas, edible soybeans, edible cowpeas and corn, shall be labeled to show:
a. Name of kind and variety,
b. Net weight,
c. Lot identification,
d. Percentage of germination, exclusive of hard seed,
e. Date of germination test, and
f. Name and address of person responsible for the information.
(2) For seed which germinate less than the standard last established by the State Board of Agriculture and Industries, the packet or container shall be labeled to also contain the words "below standard" in not less than 12 point type; provided, that the State Board of Agriculture and Industries shall also fix a minimum germination below which vegetable seed cannot be sold or offered for sale.
(3) If such seed contain weed seeds in excess of one half of one percent of the total or inert matter in excess of one percent or other crop seed in excess of one percent or any noxious weed seeds, a complete analysis must be given, showing information for all the items required under the labeling requirements for agricultural seed in subdivision (1) of subsection (a) of this section.
(c) Flower and herb seed. Every separate package of flower or herb seed sold, offered for sale or exposed for sale in this state for seeding purposes shall be labeled to show:
(1) Name of kind and variety,
(2) Year for which seed were packed for sale, and
(3) Name and address of the person responsible for the information given.
(d) Tree and shrub seed. Each bag or container must be labeled to comply with the rules and regulations promulgated by the State Board of Agriculture and Industries.
(e) Treated seed. Any seed or any mixture thereof for seeding purposes that has been treated shall have shown on a label or tag in type no smaller than one-fourth inch bold face type to indicate that the seed has been treated and such label shall also state the commonly accepted, coined, chemical or abbreviated chemical (generic) name of any substance or a description of any process (other than application of a substance) used in such treatment in accordance with this section. Seed treated with mercurials or similar toxic substances shall be labeled to show "treated with poison" or "poison treated," and such statement shall appear in bold face type of not less than one-fourth inch. These words shall be printed in heavy red type. The label shall also show a representation of a skull and crossbones which may be shown on the tag bearing the analysis information or on a separate tag or on the container. If the substance used in such treatment in the amount remaining with the seed is harmful to humans or other vertebrate animals, the label shall also contain additional information as required under regulations of the State Board of Agriculture and Industries.
(Acts 1943, No. 560, p. 552, §2; Acts 1953, No. 736, p. 997, §1; Acts 1963, No. 424, p. 931, §2.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 26 - Seeds.›Article 1 - General Provisions.›Section 2-26-8 - Analyses and Interpretations of Seeds.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 1 - General Provisions. › Section 2-26-8 - Analyses and Interpretations of Seeds.
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Section 2-26-8
Analyses and interpretations of seeds.
Analyses and interpretations shall be in accordance with the rules and regulations prescribed by the Association of Official Seed Analysts.
(Acts 1943, No. 560, p. 552, §1; Acts 1963, No. 424, p. 931, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 26 - Seeds.›Article 1 - General Provisions.›Section 2-26-9 - Requirements as to Certification, etc., of Hybrid Seed Corn Sold or Offered for Sal...
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 1 - General Provisions. › Section 2-26-9 - Requirements as to Certification, etc., of Hybrid Seed Corn Sold or Offered for Sale.
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Section 2-26-9
Requirements as to certification, etc., of hybrid seed corn sold or offered for sale.
No hybrid seed corn shall be sold or offered for sale unless it is certified by a recognized seed certifying agency or produced by a person having a bona fide corn breeding program. The State Board of Agriculture and Industries shall be authorized to determine whether certain corn breeding programs constitute a bona fide program to comply with this requirement.
(Acts 1963, No. 424, p. 931, §4.)
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https://law.justia.com/codes/alabama/title-2/chapter-26/article-1/section-2-26-10/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 26 - Seeds.›Article 1 - General Provisions.›Section 2-26-10 - Maintenance, Inspection, etc., of Records as to Receipt, Sale and Delivery of Seed...
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 1 - General Provisions. › Section 2-26-10 - Maintenance, Inspection, etc., of Records as to Receipt, Sale and Delivery of Seeds Generally; Maintenance of Sales Records by Retail Sellers; Maintenance of Bills of Lading, Waybills, etc., by Trucks, etc., Transporting Seed for Sale, etc.; Auditing of Records of Receipts, Sales and Deliveries of Seeds.
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Section 2-26-10
Maintenance, inspection, etc., of records as to receipt, sale and delivery of seeds generally; maintenance of sales records by retail sellers; maintenance of bills of lading, waybills, etc., by trucks, etc., transporting seed for sale, etc.; auditing of records of receipts, sales and deliveries of seeds.
(a) Records of receipts, sale and delivery of all seed, other than retail sales and deliveries by a dealer, except as provided in subsection (b) of this section, shall be kept readily accessible for examination by an authorized agent of the Department of Agriculture and Industries. These records shall include invoices, bills of lading or transportation records and a copy of the labeling information, and these records must show the lot numbers. Such records must be made available to the inspectors within 10 days after receipt of seeds which said records cover. Such records as are surrendered shall be duplicated and a copy left with the owner or party in question. Records shall be kept by the dealer for a period of three years; except, that a file sample of each lot of seed shall be kept for one year after final disposition of the lot in order to carry out the purpose of effective administration of this article.
(b) All retail seed sales having a value in excess of an amount to be fixed by the State Board of Agriculture and Industries shall be accompanied by an invoice or a sales ticket issued by the seller bearing the name and address of the seller and purchaser, the kind and variety of seed sold, the quantity of seed in each lot and the lot number or numbers for each kind and variety of seed sold or delivered. Such sales records shall be kept by the retail seller for a period of one year following sales, and such records shall be made available for inspection and examination by the Commissioner of Agriculture and Industries or his authorized agent upon request. Such records shall also be made available to any committee created by law for investigation and arbitration purposes for its examination and review.
(c) Trucks and other motor conveyors transporting seed for sale, to be sold to consumers or distributed, and using the Alabama public highways shall have available for examination at any time by an authorized agent of the Department of Agriculture and Industries a bill of lading, waybill or a delivery receipt showing the name of shipper or party from whom purchased, the name and address of the party to whom the seed is to be delivered, the kind and amount of each separate kind of seed, except that all vegetable seed can be grouped as "garden seed," and the name of the truck line or other carrier making delivery of the seed. A copy of the bill of lading, invoice or delivery receipt shall be left with the consignee.
(d) Records of receipts, sales and deliveries of all seed sold in Alabama shall be kept readily accessible for auditing by an authorized agent of the Department of Agriculture and Industries at reasonable times during business hours to determine whether sellers of seed comply with Section 2-26-5 with respect to payment of the permit fee required thereunder, and such information as obtained shall be treated as confidential, and no employee shall divulge the information obtained from such an audit, but nothing in this subsection shall be construed to prevent the commissioner, his authorized agents or employees or a committee created by law for investigation and arbitration purposes from having access to records for examination and review as authorized by subsection (a) of this section.
(Acts 1943, No. 560, p. 552, §5; Acts 1963, No. 424, p. 931, §6; Acts 1975, No. 741, §2.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 26 - Seeds.›Article 1 - General Provisions.›Section 2-26-11 - Prohibited Acts.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 1 - General Provisions. › Section 2-26-11 - Prohibited Acts.
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Section 2-26-11
Prohibited acts.
(a) It shall be unlawful for any person to sell, offer for sale, expose for sale or distribute within this state:
(1) Any agricultural or vegetable seed unless the test to determine the percentage of germination required by Section 2-26-7 shall have been completed within a nine-month period, exclusive of the calendar month in which the test was completed, immediately prior to sale or offering for sale, transportation or distribution; provided, however, that the State Board of Agriculture and Industries shall have authority under rules and regulations adopted under this article to prescribe a shorter required test period when deemed necessary to meet seasonal conditions with respect to certain seed; provided further, that the State Board of Agriculture and Industries shall also have authority pursuant to rules and regulations to prescribe a longer period of time for the test required to determine the percentage of germination for agricultural and vegetable seed labeled and packed in hermetically sealed containers, which shall not exceed 36 months after the month of test, and to prescribe the conditions and labeling requirements for the sale of such seed in hermetically sealed containers;
(2) Any agricultural, vegetable, herb, tree, shrub or flower seed not labeled in accordance with the provisions of this article, or having a false or misleading labeling;
(3) Any agricultural, vegetable, herb, tree, shrub or flower seed pertaining to which there has been a false or misleading advertisement;
(4) Any agricultural or vegetable seed containing prohibited noxious weed seeds or restricted noxious weed seeds in excess of limitations prescribed by the State Board of Agriculture and Industries;
(5) Any agricultural or vegetable seed containing weed seed in excess of two percent of the whole by weight, except as provided by the State Board of Agriculture and Industries pursuant to rules and regulations adopted for the occurrence of weed seeds;
(6) Any agricultural seed having a total percentage of germination and hard seed of less than 60, except Dallisgrass, Johnsongrass and seed released by the U.S.A. Customs, unless such percentage of germination is lowered or increased by the State Board of Agriculture and Industries as authorized under Section 2-26-2;
(7) Any agricultural, vegetable, flower, tree, shrub or herb seed unless the person selling, offering for sale or distributing such seed for sale has obtained an annual permit as required under Section 2-26-5;
(8) Oat or sorghum seed not complying with the regulations promulgated by the State Board of Agriculture and Industries controlling the sale and distribution of same;
(9) Any hybrid seed corn unless it is certified or produced as required under Section 2-26-9; and
(10) Any tree or shrub seed not in compliance with the rules and regulations promulgated by the State Board of Agriculture and Industries.
(b) It shall be unlawful for any person within this state:
(1) To detach, alter, deface or destroy any label provided for in this article or the rules and regulations made and promulgated hereunder or to alter or substitute seed in a manner that may defeat the purpose of this article;
(2) To disseminate any false or misleading advertisement concerning agricultural, vegetable, herb, tree, shrub or flower seed in any manner or by any means;
(3) To hinder or obstruct in any way any authorized person in the performance of his duties under this article;
(4) To fail to comply with a "stop-sale," "suspension from sale" or "nonuse" order;
(5) To use a nonwarranty or disclaimer clause or limited warranty clause in any invoice, labeling or advertising which shall directly or indirectly deny or modify any information required by this article or regulations promulgated hereunder, nor shall any such clause relieve or exempt any person from any of the requirements of this article or regulations promulgated hereunder; or
(6) To violate or fail to comply with any rule or regulation promulgated and adopted by the State Board of Agriculture and Industries under authority of this article.
(Acts 1943, No. 560, p. 552, §3; Acts 1953, No. 736, p. 997, §2; Acts 1963, No. 424, p. 931, §3; Acts 1975, No. 741, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 26 - Seeds.›Article 1 - General Provisions.›Section 2-26-12 - Suspension From Sale, Seizure and Condemnation of Articles Not in Compliance With...
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 1 - General Provisions. › Section 2-26-12 - Suspension From Sale, Seizure and Condemnation of Articles Not in Compliance With Provisions of Article.
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Section 2-26-12
Suspension from sale, seizure and condemnation of articles not in compliance with provisions of article.
Any lot of agricultural, vegetable, herb, tree, shrub or flower seed not in compliance with the provisions of this article shall be subject to suspension from sale, seizure and condemnation. The issuance of a "suspension from sale or use" or "stop-sale" order and seizure and condemnation of seed sold or offered for sale in violation of the provisions of this article shall be in accordance with Article 2 of Chapter 2 of this title.
(Acts 1943, No. 560, p. 552, §;8; Acts 1963, No. 424, p. 931, §12.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 26 - Seeds.›Article 1 - General Provisions.›Section 2-26-13 - Violation of Provisions of Article or Rules or Regulations Promulgated Hereunder D...
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 1 - General Provisions. › Section 2-26-13 - Violation of Provisions of Article or Rules or Regulations Promulgated Hereunder Deemed Misdemeanor.
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Section 2-26-13
Violation of provisions of article or rules or regulations promulgated hereunder deemed misdemeanor.
Any person who shall perform any of the acts which are declared to be unlawful by this article or who fails to perform any duty or requirements imposed by the provisions of this article or who violates any rule or regulation duly promulgated hereunder or who shall sell, offer for sale, distribute or solicit orders for agricultural, vegetable, herb, tree, shrub or flower seed without having a permit as required by this article shall be guilty of a misdemeanor and shall be punished as now prescribed by law for such offense.
(Acts 1943, No. 560, p. 552, §8; Acts 1963, No. 424, p. 931, §13.)
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https://law.justia.com/codes/alabama/title-2/chapter-26/article-1/section-2-26-14/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 26 - Seeds.›Article 1 - General Provisions.›Section 2-26-14 - Exemptions From Article.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 1 - General Provisions. › Section 2-26-14 - Exemptions From Article.
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Section 2-26-14
Exemptions from article.
The provisions of this article do not apply to:
(1) Seed when sold directly to and in the presence of the consumer and taken from the container properly labeled in accordance with the provisions of this article, but this provision shall in no way exempt the vendor from the analysis given on the tag or label attached to any container;
(2) Seed or grain not intended for sowing or planting purposes if proper indication of such intention is shown;
(3) Seed in storage in or consigned to a seed-cleaning or processing establishment for cleaning or processing; provided, that for seed to be processed and stored in the same room from which seed are delivered for planting, sowing or resale, each bag shall bear a label or there shall be displayed a large placard with the following words "For Processing - Not for Sale;" further provided, that seed held in storage for interstate shipment need be labeled only with a lot number supported by an analysis in office files; and provided further, that any labeling or other representations which may be made with respect to such seed shall be subject to this article;
(4) Seed produced in Alabama and sold by the farmer who produced such seed to another farmer with the provision that if such seed are advertised for sale by a paid advertisement or by free advertisement through publications of the Alabama Department of Agriculture and Industries such seed shall be subject to all of the requirements of this article; provided, however, that farmer-producers selling only their own production shall not be required to obtain the permit except as required under Section 2-26-5; or
(5) Seed sold or distributed by the grower thereof, unless such grower is also a dealer, to a local merchant in due course of trade and by such local merchant resold in due course of trade, but without advertising and without holding himself as a dealer as defined in this article.
(Acts 1943, No. 560, p. 552, §4; Acts 1963, No. 424, p. 931, §5.)
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https://law.justia.com/codes/alabama/title-2/chapter-26/article-1/section-2-26-15/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 26 - Seeds.›Article 1 - General Provisions.›Section 2-26-15 - Seed Inspection Fees; Reporting.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 1 - General Provisions. › Section 2-26-15 - Seed Inspection Fees; Reporting.
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Section 2-26-15
Seed inspection fees; reporting.
(a) The Board of Agriculture and Industries may adopt seed inspection fees. The department shall administer the inspection fees, prescribe and furnish forms, and require the filing of reports necessary for the payment of the inspection fees. The department may inspect the record of any person who sells or distributes seed for sale during the normal hours of business operation as it deems necessary.
(b) All fees collected under this section shall be deposited into the Agricultural Fund in the State Treasury. The commissioner may expend revenue raised by this section for the support of the Alabama State Seed Laboratory.
(c) Every person who sells or distributes seed for sale, whether in bulk or in containers, within the state or into the state for planting purposes, shall be assessed a seed inspection fee as established by the board.
(d) Every person who sells or distributes seed for sale shall do all of the following:
(1) Pay an inspection fee on the total number of pounds of seed sold within or into the state. Payment of the seed inspection fees shall be the responsibility of the person initiating the first sale of seed within or into the state.
(2) Maintain records, as required by the department, that accurately reflect the total pounds of seed subject to the fees that are handled, sold or offered for sale, or distributed for sale.
(3) File quarterly reports on forms provided or approved by the department, covering the total pounds of all sales of seed subject to the fee and sold during the preceding quarter. The reports and fees due shall be filed with the department no later than 30 days following the end of each calendar quarter.
(e) A person who sells or distributes seed for sale who does not file the quarterly report by the due date shall pay a penalty fee as provided by the regulations of the department. The penalty fee shall be waived if the seedsman obtains prior written approval from the department for a late filing and complies with the late filing requirements.
(f) The commissioner may suspend the permit or seek any remedy provided in Section 2-26-13, against any person subject to this section.
(g) The Board of Agriculture and Industries shall review the fee schedule and administration of the seed inspection fee program and shall make recommendations for its renewal or renewal with revisions by the board meeting date immediately prior to the convening of the regular session of the Legislature in the fourth year of the quadrennium. Any change in the fee schedule or the administration of the seed inspection program shall be adopted by rule pursuant to the Alabama Administrative Procedure Act.
(Act 2012-401, p. 1097, §§1, 2.)
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https://law.justia.com/codes/alabama/title-2/chapter-26/article-2/section-2-26-30/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 26 - Seeds.›Article 2 - Elimination of Fungi and Noxious Weeds From Seed.›Section 2-26-30 - Promulgation of Rules and Regulations for Removal, etc., of Fungi and Noxious Weed...
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 2 - Elimination of Fungi and Noxious Weeds From Seed. › Section 2-26-30 - Promulgation of Rules and Regulations for Removal, etc., of Fungi and Noxious Weeds From Seeds and Small Grains by Commissioner.
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Section 2-26-30
Promulgation of rules and regulations for removal, etc., of fungi and noxious weeds from seeds and small grains by commissioner.
The Commissioner of Agriculture and Industries, with the approval of the State Board of Agriculture and Industries, is hereby authorized to promulgate and adopt rules and regulations for the purpose of eradicating and preventing the spread of fungus growths and diseases from seed and small grains used for planting purposes and the removal of noxious weeds from agricultural and vegetable seed and small grain used for planting purposes by requiring that persons, firms, partnerships, corporations and associations engaged in cleaning or otherwise processing seed shall process, clean or treat such seed and small grains in a manner whereby fungi, diseases and noxious weeds will be eradicated or removed from such seed and small grain prior to the packaging, shipping or sale thereof to growers. Rules and regulations adopted under this section may require seed cleaners or processors to clean or process seed and small grain used for planting purposes by applying fungicides or other chemicals and to process or treat such seed and grain in any other manner reasonably necessary to carry out the purposes of this article. Rules and regulations adopted under this section shall be adopted in accordance with the procedure prescribed under the provisions of Sections 2-2-16 and 2-2-17.
(Acts 1953, No. 739, p. 1003, §1.)
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https://law.justia.com/codes/alabama/title-2/chapter-26/article-2/section-2-26-31/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 26 - Seeds.›Article 2 - Elimination of Fungi and Noxious Weeds From Seed.›Section 2-26-31 - Suspension From Sale, Seizure and Condemnation of Seeds and Small Grains Sold, Tra...
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 2 - Elimination of Fungi and Noxious Weeds From Seed. › Section 2-26-31 - Suspension From Sale, Seizure and Condemnation of Seeds and Small Grains Sold, Transported, etc., in Violation of Rules and Regulations; Right of Commissioner to Inspect and Secure Samples.
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Section 2-26-31
Suspension from sale, seizure and condemnation of seeds and small grains sold, transported, etc., in violation of rules and regulations; right of commissioner to inspect and secure samples.
Any agricultural or vegetable seed or small grain used for planting purposes which is sold, offered for sale, exposed for sale or transported in violation of any rules and regulations promulgated and adopted in accordance with the provisions of this article shall be subject to suspension from sale, seizure and condemnation in accordance with the provisions of Article 2 of Chapter 2 of this title. The Commissioner of Agriculture and Industries shall have the right of inspection and the right to secure samples as provided in said Article 2.
(Acts 1953, No. 739, p. 1003, §2.)
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https://law.justia.com/codes/alabama/title-2/chapter-26/article-2/section-2-26-32/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 26 - Seeds.›Article 2 - Elimination of Fungi and Noxious Weeds From Seed.›Section 2-26-32 - Failure to Process, Clean, etc., Seeds or Small Grains or Sale, Distribution, etc....
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 2 - Elimination of Fungi and Noxious Weeds From Seed. › Section 2-26-32 - Failure to Process, Clean, etc., Seeds or Small Grains or Sale, Distribution, etc., of Seeds or Small Grains Not Cleaned, Processed, etc., in Accordance With Rules and Regulations Promulgated Under Article.
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Section 2-26-32
Failure to process, clean, etc., seeds or small grains or sale, distribution, etc., of seeds or small grains not cleaned, processed, etc., in accordance with rules and regulations promulgated under article.
It shall be unlawful for anyone to fail or refuse to clean, process or treat agricultural or vegetable seed or small grain used for planting purposes in violation of any rules or regulations promulgated under the provisions of this article, and it shall also be unlawful for anyone to sell, offer for sale, expose for sale or distribute any agricultural or vegetable seed or small grain used for planting purposes unless such seed and grains have been cleaned, processed or treated in accordance with requirements of rules and regulations adopted and promulgated under the provisions of this article. Whoever shall violate any rules and regulations or other requirements of this article shall be guilty of a misdemeanor and shall be punished as prescribed by law.
(Acts 1953, No. 739, p. 1003, §3.)
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https://law.justia.com/codes/alabama/title-2/chapter-26/article-3/section-2-26-50/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 26 - Seeds.›Article 3 - Registration of Symbol of Seeds or Plant Parts.›Section 2-26-50 - Adoption and Registration of Symbols of Identification or Certification of Foundat...
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 3 - Registration of Symbol of Seeds or Plant Parts. › Section 2-26-50 - Adoption and Registration of Symbols of Identification or Certification of Foundation Seed, Seeds or Plant Parts.
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Section 2-26-50
Adoption and registration of symbols of identification or certification of foundation seed, seeds or plant parts.
An association or associations of farmers engaged in multiplying and certifying seed or plant parts of a superior variety or strain of plants or crops, such as those bred and tested or tested only by the Agricultural Experiment Station of Auburn University, and in increasing breeder seed by producing, processing and distributing foundation seed may adopt a symbol or symbols of identification or certification of such seed or plant parts and such foundation seed and, upon approval of the director of such experiment station and of the Director of the Extension Service of Auburn University, register same with the state Commissioner of Agriculture and Industries. Only one such association may so register such a symbol or symbols for any one specified crop.
(Acts 1945, No. 404, p. 643, §§1, 2; Acts 1975, No. 745, §1.)
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https://law.justia.com/codes/alabama/title-2/chapter-26/article-3/section-2-26-51/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 26 - Seeds.›Article 3 - Registration of Symbol of Seeds or Plant Parts.›Section 2-26-51 - Use of Symbols by Persons, Associations, etc., Other Than Associations Registering...
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 3 - Registration of Symbol of Seeds or Plant Parts. › Section 2-26-51 - Use of Symbols by Persons, Associations, etc., Other Than Associations Registering Same; Violations of Provisions of Article Deemed Misdemeanors.
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Section 2-26-51
Use of symbols by persons, associations, etc., other than associations registering same; violations of provisions of article deemed misdemeanors.
(a) It shall be unlawful for any person, firm, association or corporation, other than the association which so registered such symbol or symbols, to use such symbol or symbols in any manner for identifying or certifying seeds or plant parts or for any person, firm, association or corporation to sell, offer for sale or otherwise market or distribute foundation seed for any specified crop, other than the association which registered the symbol or symbols of such foundation seed for such crop with the Commissioner of Agriculture and Industries.
(b) Any person, firm, association or corporation who shall violate any of the provisions of this article shall be deemed guilty of a misdemeanor.
(Acts 1945, No. 404, p. 643, §3; Acts 1975, No. 745, §2.)
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https://law.justia.com/codes/alabama/title-2/chapter-26/article-3/section-2-26-52/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 26 - Seeds.›Article 3 - Registration of Symbol of Seeds or Plant Parts.›Section 2-26-52 - Cooperation of Department of Agriculture and Industries and Agricultural Extension...
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 3 - Registration of Symbol of Seeds or Plant Parts. › Section 2-26-52 - Cooperation of Department of Agriculture and Industries and Agricultural Extension Service and Experiment Station of Auburn University.
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Section 2-26-52
Cooperation of Department of Agriculture and Industries and Agricultural Extension Service and Experiment Station of Auburn University.
The Department of Agriculture and Industries, the Agricultural Extension Service and the Agricultural Experiment Station of Auburn University are hereby authorized and directed to cooperate and work with such associations of farmers to accomplish the following purposes:
(1) To implement an Alabama seed improvement program encompassing activities of foundation seed production, seed certification and labeling and quality control in the production of seed in order to make available for agriculture in this state high quality seed;
(2) To conduct educational programs stressing the benefits of the use of seed of superior varieties and strains; and
(3) To otherwise formulate and implement such programs as will insure that quality seed is properly produced, processed, certified and distributed in the state.
(Acts 1945, No. 404, p. 643, §4; Acts 1975, No. 745, §3.)
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https://law.justia.com/codes/alabama/title-2/chapter-26/article-4/section-2-26-70/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 26 - Seeds.›Article 4 - Investigation and Settlement of Complaints as to Quality of Seeds.›Section 2-26-70 - Purpose of Article.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 4 - Investigation and Settlement of Complaints as to Quality of Seeds. › Section 2-26-70 - Purpose of Article.
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Section 2-26-70
Purpose of article.
The intent and purpose of this article is to provide a method for assisting farmers and other seed purchasers and seed dealers to determine the validity of complaints of such seed purchasers against seed dealers relating to the quality of the seed by establishing a committee to investigate and make findings and recommendations in the nature of arbitration proceedings where damages are suffered by such seed purchasers caused by the failure of any agricultural, vegetable, flower, tree, shrub and herb seeds to perform as represented, or to conform to the description on the labeling thereof as required by Sections 2-26-1 through 2-26-14. The meaning of words and terms as used in this article shall, where applicable, be construed to conform to the meaning of such words and terms as same are defined in Section 2-26-1.
(Acts 1979, No. 79-424, p. 661, §1.)
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https://law.justia.com/codes/alabama/title-2/chapter-26/article-4/section-2-26-71/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 26 - Seeds.›Article 4 - Investigation and Settlement of Complaints as to Quality of Seeds.›Section 2-26-71 - Creation of Seed Investigation and Arbitration Committee; Composition; Qualificati...
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 4 - Investigation and Settlement of Complaints as to Quality of Seeds. › Section 2-26-71 - Creation of Seed Investigation and Arbitration Committee; Composition; Qualifications, Appointment and Terms of Office of Members; Officers; Meetings Generally.
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Section 2-26-71
Creation of Seed Investigation and Arbitration Committee; composition; qualifications, appointment and terms of office of members; officers; meetings generally.
There is hereby created and established a Seed Investigation and Arbitration Committee to be appointed by the Commissioner of Agriculture and Industries to consist of five members. The members shall be appointed by the Commissioner of Agriculture and Industries upon the recommendation of each of the following: Dean and Director, School of Agriculture and Agricultural Experiment Station of Auburn University; Executive Committee of the Alabama Seedsmen's Association; President of the Alabama Farmers Federation; State Board of Agriculture and Industries, and one member shall be appointed by the Commissioner of Agriculture and Industries. Each of these members may be represented by an alternate appointed by the Commissioner of Agriculture and Industries, upon the recommendation of the recommending authority or on recommendation of the committee member when such authority has been vested in the committee member by the recommending authority. Each member shall continue to serve on the committee until a replacement has been recommended by one of the above named organizations, agencies, or officials authorized to make such recommendations or appointments, at which time the Commissioner of Agriculture and Industries shall appoint a new member from those recommended. Each alternate shall serve only for the case in which he has been appointed and only one member shall represent each of the above organizations, agencies, or officials authorized to make recommendations for appointment to the committee. The committee shall elect a chairman and a secretary from its membership. The committee chairman shall conduct all meetings and deliberations held by the committee and direct the other activities of the committee. The secretary shall keep accurate and correct records on all meetings and deliberations and perform any other duties for the committee as directed by the chairman. The committee shall be known as the Seed Investigation and Arbitration Committee.
(Acts 1979, No. 79-424, p. 661, §3 (1); Acts 1992, No. 92-108, p. 178, §3.)
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https://law.justia.com/codes/alabama/title-2/chapter-26/article-4/section-2-26-72/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 26 - Seeds.›Article 4 - Investigation and Settlement of Complaints as to Quality of Seeds.›Section 2-26-72 - Compensation and Expenses of Members of Committee.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 4 - Investigation and Settlement of Complaints as to Quality of Seeds. › Section 2-26-72 - Compensation and Expenses of Members of Committee.
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Section 2-26-72
Compensation and expenses of members of committee.
The members of the committee shall receive no compensation for the performance of their duties, but shall be reimbursed for travel expenses incurred in the performance of their duties in the same manner and at the same rate paid to state employees for travel expenses when such members attend meetings or perform other required duties which shall be paid from funds appropriated or available to the Department of Agriculture and Industries upon approval of the commissioner.
(Acts 1979, No. 79-424, p. 661, §3 (4).)
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https://law.justia.com/codes/alabama/title-2/chapter-26/article-4/section-2-26-73/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 26 - Seeds.›Article 4 - Investigation and Settlement of Complaints as to Quality of Seeds.›Section 2-26-73 - Duties of Committee; Calling of Meetings of Committee.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 4 - Investigation and Settlement of Complaints as to Quality of Seeds. › Section 2-26-73 - Duties of Committee; Calling of Meetings of Committee.
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Section 2-26-73
Duties of committee; calling of meetings of committee.
The duties of the Seed Investigation and Arbitration Committee shall be to assist farmers and other purchasers of agricultural, vegetable, flower, tree, shrub and herb seeds and seed dealers to ascertain and determine the validity of complaints made by seed purchasers against seed dealers and recommend the settlement and payment of monetary damages by seed dealers where such damages result from the failure of the seed to perform as represented or to conform to the description of the labeling on or accompanying the seed or seed containers. The committee may be called into session by the Commissioner of Agriculture and Industries at his discretion or upon the direction of the chairman or a majority of the committee members to consider complaints and other matters referred to it by the Commissioner of Agriculture and Industries.
(Acts 1979, No. 79-424, p. 661, §3 (2).)
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https://law.justia.com/codes/alabama/title-2/chapter-26/article-4/section-2-26-74/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 26 - Seeds.›Article 4 - Investigation and Settlement of Complaints as to Quality of Seeds.›Section 2-26-74 - Filing of Complaint as to Performance or Labeling of Seed by Purchaser; Forwarding...
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 4 - Investigation and Settlement of Complaints as to Quality of Seeds. › Section 2-26-74 - Filing of Complaint as to Performance or Labeling of Seed by Purchaser; Forwarding of Complaint and Answer Thereto to Committee for Investigation, Findings and Recommendations.
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Section 2-26-74
Filing of complaint as to performance or labeling of seed by purchaser; forwarding of complaint and answer thereto to committee for investigation, findings and recommendations.
Any farmer, or other purchaser of agricultural, vegetable, flower, tree and shrub or herb seeds purchased for planting purposes who believes that he has been damaged by the failure of the seed to perform as represented, or to conform to the description on the labeling attached thereto or accompanying such seed as required by Sections 2-26-1 through 2-26-14, and rules and regulations promulgated thereunder, may make a sworn complaint against the seed dealer from whom such seeds were purchased. The complaint shall allege the failure of the seed to perform or to conform to legal requirements and the damages sustained or to be sustained by him. The complaint shall be filed with the Commissioner of Agriculture and Industries within 10 days after the alleged defect or violation becomes apparent. The seed purchaser shall also mail a copy of said complaint to the dealer from which the seeds were purchased by United States registered or certified mail. A filing fee of $10.00 shall be paid to the Commissioner of Agriculture and Industries with each complaint filed which shall be deposited to the credit of the Agricultural Fund of the State Treasury. Within 10 days after receipt of a copy of the complaint, the seed dealer shall file with the Commissioner of Agriculture and Industries an answer thereto and forward a copy of same to the purchaser of the seed by United States registered or certified mail. Any seed dealer against whom a complaint is filed hereunder or any seed purchaser filing a complaint may request an investigation and other action by the committee for the investigation and arbitration created by Section 2-26-71. The Commissioner of Agriculture and Industries shall forthwith refer the complaint and the answer to said committee for its investigation, findings and recommendation of the allegations of the complaint. Where seed which are the basis of a complaint are labeled by a person other than a seed dealer who sells directly to the farmer or other purchaser of seed, a copy of the complaint shall also be mailed by the commissioner to the person responsible for the labeling of such seed in order that he may be entitled to file an answer. Upon receipt of such findings and recommendation, the Commissioner of Agriculture and Industries shall transmit the findings and recommendations of the committee to the farmer or other purchaser of the seed and to the seed dealer by United States registered or certified mail together with a copy thereof to any person responsible for the labeling of the seed.
(Acts 1979, No. 79-424, p. 661, §2.)
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https://law.justia.com/codes/alabama/title-2/chapter-26/article-4/section-2-26-75/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 26 - Seeds.›Article 4 - Investigation and Settlement of Complaints as to Quality of Seeds.›Section 2-26-75 - Conduct of Investigation as to Complaint by Committee; Hindering, Obstructing, etc...
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 4 - Investigation and Settlement of Complaints as to Quality of Seeds. › Section 2-26-75 - Conduct of Investigation as to Complaint by Committee; Hindering, Obstructing, etc., Access to Premises, Review of Records, etc., by Committee; Report of Findings and Recommendations.
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Section 2-26-75
Conduct of investigation as to complaint by committee; hindering, obstructing, etc., access to premises, review of records, etc., by committee; report of findings and recommendations.
When the Commissioner of Agriculture and Industries refers a complaint by a farmer or other seed purchaser to the Seed Investigation and Arbitration Committee, said committee shall make a full and complete investigation of the matters complained of and at the conclusion of said investigation report its findings with its recommendations and file same with the Commissioner of Agriculture and Industries. The purchaser of the seed and the seed dealer shall upon request of either party be entitled to a hearing before the committee before any findings and recommendations are made. Notice of the date, time and place of the hearing shall be given to both parties. In conducting its investigation the committee or any member or members thereof is authorized to investigate the farmer or other purchaser's complaint and the farming or growing operation involved in the complaint and the seed dealer's sales, packaging, labeling, storage or processing operation relating to the seed alleged to be faulty. The investigation shall be conducted in a manner prescribed by the committee. The committee, or any member thereof, in the performance of its duties is authorized to enter upon any public or private premises during regular business hours in order to have access to seed and records of the sale and purchase thereof for examination and review as authorized under the provisions of Section 2-26-10(b) and (d), when necessary to perform its duties required under this article. Any person who hinders, obstructs or refuses entry, access or review of such records shall be guilty of a violation of Sections 2-26-11(b)(3) and 2-26-13. The committee shall be authorized to grow to production a representative sample of the alleged faulty seed through the facilities of the state, or Auburn University, under the supervision of the Commissioner of Agriculture and Industries or his authorized agent when such action is deemed necessary; also, to hold hearings at a time and place directed by the chairman of the committee upon reasonable notice to the farmer or other purchaser of seed and the seed dealer and to prescribe and promulgate rules of procedure to carry out the evident intent and purpose of this article. Any investigation made by less than the whole membership of the committee shall be conducted by authority of a written directive by the chairman or by rules of procedure adopted by the committee. Investigations shall be summarized in writing and considered by the committee in a report of its findings and recommendations.
(Acts 1979, No. 79-424, p. 661, §3(3).)
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https://law.justia.com/codes/alabama/title-2/chapter-26/article-4/section-2-26-76/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 26 - Seeds.›Article 4 - Investigation and Settlement of Complaints as to Quality of Seeds.›Section 2-26-76 - Effect and Admissibility as Evidence of Findings and Recommendations of Committee;...
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 26 - Seeds. › Article 4 - Investigation and Settlement of Complaints as to Quality of Seeds. › Section 2-26-76 - Effect and Admissibility as Evidence of Findings and Recommendations of Committee; Effect of Provisions of Article Upon Legal and Equitable Rights of Persons.
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Section 2-26-76
Effect and admissibility as evidence of findings and recommendations of committee; effect of provisions of article upon legal and equitable rights of persons.
The findings or recommendations of the committee shall be in the nature of arbitration or settlement, but its findings and recommendations shall not affect the rights of parties to resort to any arbitration proceedings available under authority of Sections 6-6-1 through 6-6-16 or as may be otherwise provided by law, nor shall any of the provisions of this article affect any legal or equitable rights that any person may have in a court having jurisdiction of such matters nor shall the findings or recommendations of the committee be admissible as evidence in any court of law. It is the intent and purpose of this article to provide a simplified procedure for investigations and recommendations for monetary settlements as declared in Section 2-26-70.
(Acts 1979, No. 79-424, p. 661, §4.)
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https://law.justia.com/codes/alabama/title-2/chapter-27/article-1/section-2-27-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 27 - Pesticides.›Article 1 - Alabama Pesticide Act.›Section 2-27-1 - Short Title.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 1 - Alabama Pesticide Act. › Section 2-27-1 - Short Title.
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Section 2-27-1
Short title.
This article shall be known as the "Alabama Pesticide Act of 1971."
(Acts 1971, No. 1949, p. 3151, §1.)
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https://law.justia.com/codes/alabama/title-2/chapter-27/article-1/section-2-27-2/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 27 - Pesticides.›Article 1 - Alabama Pesticide Act.›Section 2-27-2 - Definitions.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 1 - Alabama Pesticide Act. › Section 2-27-2 - Definitions.
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Section 2-27-2
Definitions.
For the purposes of this article, unless otherwise indicated, the following terms shall have the meanings respectively ascribed to them by this section:
(1) PESTICIDE.
a. Any substance or mixture of substances intended for preventing, destroying, repelling, attracting or mitigating any insects, rodents, nematodes, fungi, weeds or other forms of plant or animal life and/or bacteria and viruses, except bacteria or viruses on or in living man or other animals, which the commissioner shall declare to be a pest; and
b. Any substance or mixture of substances intended for use as a plant regulator, defoliant or desiccant.
(2) INSECTICIDE. Any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any insects which may be present in any environment whatsoever.
(3) FUNGICIDE. Any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any fungi, except those living on or in man or other animals.
(4) RODENTICIDE. Any substance or mixture of substances intended for preventing, destroying, repelling or mitigating rodents or any other vertebrate animals which the commissioner shall declare to be a pest in any environment whatsoever.
(5) HERBICIDE. Any substance or mixture of substances intended for preventing, destroying, repelling or mitigating any weed.
(6) NEMATOCIDE. Any substance or mixture of substances intended for preventing, destroying, repelling or mitigating nematodes.
(7) PLANT REGULATOR. Any substance or mixture of substances intended, through physiological action, for accelerating or retarding the rate of growth or rate of maturation or for otherwise altering the behavior of ornamental or crop plants, or the produce thereof, but shall not include substances intended as plant nutrients, trace elements, nutritional chemicals, plant inoculants and soil amendments.
(8) DEFOLIANT. Any substance or mixture of substances intended for causing the leaves or foliage to drop from a plant, with or without causing abscission.
(9) DESICCANT. Any substance or mixture of substances intended for artificially accelerating the drying of plant tissues.
(10) DEVICE. Any instrument or contrivance intended for trapping, destroying, repelling or mitigating insects, birds, predators or rodents or destroying, repelling or mitigating fungi, nematodes or such other pests as may be designated by the commissioner, but not including equipment used for the application of pesticides when sold separately therefrom.
(11) NEMATODES. Invertebrate animals of the phylum nemathelminthes and class Nematoda, that is, unsegmented round worms with elongated fusiform or saclike bodies covered with cuticle and inhabiting soil, water, plants or plant parts; such animals may also be called nemas or eelworms.
(12) INSECT. Any of the numerous small invertebrate animals generally having the body more or less obviously segmented, for the most part belonging to the class Insecta, comprising six-legged, usually winged forms, as, for example, beetles, bugs, bees, flies and other allied classes of arthropods whose members are wingless and usually have more than six legs, as for example, spiders, mites, ticks, centipedes and wood lice.
(13) FUNGI. All nonchlorophyll-bearing thallophytes, that is, all nonchlorophyll-bearing plants of a lower order than mosses and liverworts, as, for example, rusts, smuts, mildews, molds, yeasts and bacteria, except those on or in living man or other animals.
(14) WEED. Any plant which grows where not wanted.
(15) INGREDIENT STATEMENT. A statement of the name and percentage of each active ingredient, the total percentage of the inert ingredients and the name and percentage of each ingredient in the pesticide and, when the pesticide contains arsenic in any form, a statement of the percentage of total and water-soluble arsenic, each calculated as elemental arsenic; provided, however, that in the case of a household pesticide which is not highly toxic to man, the ingredient statement may name each active ingredient in descending order of its predominance, together with the name of each, and the total percentage of the inert ingredients.
(16) ACTIVE INGREDIENT.
a. In the case of a pesticide other than a plant regulator, defoliant or desiccant, an ingredient which will prevent, destroy, repel or mitigate insects, nematodes, fungi, rodents, weeds or other pests;
b. In the case of a plant regulator, an ingredient which, through physiological action, will accelerate or retard the rate of growth or rate of maturation or otherwise alter the behavior of ornamental or crop plants, or the produce thereof;
c. In the case of a defoliant, an ingredient which will cause the leaves or foliage to drop from a plant; and
d. In the case of a desiccant, an ingredient which will artificially accelerate the drying of plant tissue.
(17) INERT INGREDIENT. An ingredient which is not an active ingredient.
(18) ANTIDOTE. The most practical immediate treatment in case of poisoning, including first aid treatment.
(19) PERSON. Any individual, partnership, association, corporation or organized group of persons, whether incorporated or not.
(20) REGISTRANT. The person who has registered any pesticide or devices pursuant to the provisions of this article.
(21) LABEL. The written, printed or graphic matter on, or attached to, the pesticide, or device, or the immediate container thereof, and the outside container or wrapper of the retail package, if any there be, of the pesticide.
(22) LABELING. All written, printed or graphic matter upon or accompanying any pesticide or device and all advertisements, brochures, posters or television or radio announcements used in promoting the sale of pesticides or devices.
(23) ADULTERATED. Such term applies to any pesticide if its strength or purity falls below the professed standard or quality as expressed on labeling or under which it is sold, or if any substance has been substituted wholly or in part for the article or if any valuable constituent of the article has been wholly or in part abstracted.
(24) MISBRANDED. Such term applies:
a. To any pesticide or device if its labeling bears any statement, design or graphic representation relative thereto or to its ingredients which is false or misleading in any particular; and
b. To any pesticide:
1. If it is an imitation of, or is offered for sale under the name of, another pesticide;
2. If its labeling bears any reference to registration under this article, other than a permanent registration number, which may be authorized by rules and regulations;
3. If the labeling accompanying it does not contain instructions for use which are necessary and, if complied with, adequate for the protection of the public;
4. If the label does not contain a warning or caution statement which may be necessary and, if complied with, adequate to prevent injury to living man and other vertebrate animals;
5. If the label does not bear an ingredient statement on that part of the immediate container and on the outside container or wrapper, if there be one, through which the ingredient statement on the immediate container cannot be clearly read, of the retail package which is presented or displayed under customary conditions of purchase;
6. If any word, statement or other information required by or under authority of this law to appear on the labeling is not prominently placed thereon with such conspicuousness, as compared with other words, statements, designs or graphic matter 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;
7. If, in the case of an insecticide, nematocide, fungicide or herbicide, when used as directed or in accordance with commonly recognized practice, it shall be injurious to living man or other vertebrate animals or vegetation, except weeds, to which it is applied or to the person applying such pesticide;
8. If, in the case of a plant regulator, defoliant or desiccant, when used as directed, it shall be injurious to living man or other vertebrate animals or to vegetation to which it is applied or to the person applying such pesticide; provided, however, that physical or physiological effects on plants, or parts thereof, shall not be deemed to be injury when this is the purpose for which the plant regulator, defoliant or desiccant was applied, in accordance with the label claims and recommendations; or
9. If an ingredient, which is present in amounts which are not likely to be effective when used according to directions, is given undue prominence or conspicuousness, as compared with ingredients which are present in effective amounts, in its labeling; such ingredient shall appear only in the ingredient statement.
(25) ULTRA LOW VOLUME. Such term signifies that the total volume of spray to be applied per acre is one-half gallon or less and is to be applied undiluted.
(26) LOW VOLUME. Such term signifies that the total volume of spray to be applied is adequate to cover uniformly the area being treated, but not to the point of runoff.
(27) LICENSED PESTICIDE DEALER. A person who has a license issued by the commissioner to sell restricted-use pesticides.
(28) RESTRICTED-USE PESTICIDE. A pesticide or device found by the commissioner, with the advice of the Pesticide Advisory Committee, to be hazardous when used by the general public and may be used only by special permit from the commissioner.
(29) BACTERICIDE. Any chemical used to repel, destroy or mitigate any bacteria except on or in animal and man.
(30) CONTAMINATION. The pesticide contains one or more active ingredients which is not shown as an active ingredient on the label.
(31) PESTICIDE-USE PERMIT. A permit to purchase and use restricted-use pesticides.
(32) OFFICIAL SAMPLE. Any sample of a pesticide taken by the commissioner or his agent in accordance with the provisions of this article or rules and regulations adopted under this article, and designated as official by the commissioner.
(33) COMMISSIONER. The state Commissioner of Agriculture and Industries.
(Acts 1951, No. 908, p. 1548, §1; Acts 1971, No. 1949, p. 3151, §2.)
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https://law.justia.com/codes/alabama/title-2/chapter-27/article-1/section-2-27-3/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 27 - Pesticides.›Article 1 - Alabama Pesticide Act.›Section 2-27-3 - Purpose of Article.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 1 - Alabama Pesticide Act. › Section 2-27-3 - Purpose of Article.
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Section 2-27-3
Purpose of article.
The purpose of this article is to regulate the registration, sale and use of pesticides intended for use on farm, garden, lawn, golf course or in the home and other uses for which pesticides are ordinarily and customarily used.
(Acts 1971, No. 1949, p. 3151, §1.)
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https://law.justia.com/codes/alabama/title-2/chapter-27/article-1/section-2-27-4/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 27 - Pesticides.›Article 1 - Alabama Pesticide Act.›Section 2-27-4 - Administration and Enforcement.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 1 - Alabama Pesticide Act. › Section 2-27-4 - Administration and Enforcement.
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Section 2-27-4
Administration and enforcement.
The provisions of this article shall be administered and enforced by the Commissioner of Agriculture and Industries of the State of Alabama.
(Acts 1971, No. 1949, p. 3151, §1.)
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https://law.justia.com/codes/alabama/title-2/chapter-27/article-1/section-2-27-5/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 27 - Pesticides.›Article 1 - Alabama Pesticide Act.›Section 2-27-5 - Exceptions to Applicability of Article.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 1 - Alabama Pesticide Act. › Section 2-27-5 - Exceptions to Applicability of Article.
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Section 2-27-5
Exceptions to applicability of article.
(a) The provisions and requirements of this article shall not apply to:
(1) Any carrier while lawfully engaged in transporting a pesticide within this state if such carrier shall, upon request, permit the commissioner or his designated agent to copy all records showing the transactions in and movement of the articles;
(2) Any bona fide public or private research institution or agency; or
(3) The manufacturer or shipper of a pesticide for bona fide experimental use only, provided the manufacturer or shipper obtains a permit from the commissioner for such use which will be conducted under supervision of a qualified person and other conditions and requirements prescribed by rules and regulations adopted for this purpose, which shall require the quantity of pesticides to be used, location of use, crops or other objects of use, results of findings and other information deemed to be necessary for protection of the public.
(b) No article shall be deemed in violation of this article when intended solely for export to a foreign country and when prepared or packed according to the specifications or directions of the purchaser.
(c) Notwithstanding any other provision of this article, registration and labeling are not required in the case of a pesticide stored or shipped from one manufacturing plant within this state to another manufacturing plant within this state operated by the same person or from one manufacturer to another manufacturer, provided they are properly labeled whenever poison labels are required under subsection (a)(3) of Section 2-27-14.
(Acts 1951, No. 908, p. 1548, §6; Acts 1971, No. 1949, p. 3151, §9; Acts 1977, No. 580, p. 769, §3.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 27 - Pesticides.›Article 1 - Alabama Pesticide Act.›Section 2-27-5.1 - Local Governments Prohibited From Passing Ordinances Regulating Pesticides.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 1 - Alabama Pesticide Act. › Section 2-27-5.1 - Local Governments Prohibited From Passing Ordinances Regulating Pesticides.
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Section 2-27-5.1
Local governments prohibited from passing ordinances regulating pesticides.
(a)(1) The term "pesticides" as used herein shall have the same meaning as set forth in the Alabama Pesticide Act, Section 2-27-2(1).
(2) Except as provided in subsection (b), no county, municipal corporation, or other political subdivision of this state shall adopt or continue in effect any ordinance, rule, regulation, or resolution regulating the use, sale, distribution, storage, transportation, disposal, formulation, labeling, registration, manufacturing, or application of pesticides.
(b) This section shall not prohibit or affect the right of any county, municipal corporation, or other political subdivision of this state to adopt and enforce the provisions of the Standard Building Code, Standard Fire Prevention Code, or the codes, standards, and recommended practices of the National Fire Protection Association.
(c) Any local law or general law of local application regulating pesticide use, sale, distribution, storage, transportation, disposal, formulation, labeling, registration, manufacturing, or application is repealed.
(Acts 1993, No. 93-259, p. 387, §§1-3.)
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https://law.justia.com/codes/alabama/title-2/chapter-27/article-1/section-2-27-6/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 27 - Pesticides.›Article 1 - Alabama Pesticide Act.›Section 2-27-6 - Pesticide Advisory Committee.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 1 - Alabama Pesticide Act. › Section 2-27-6 - Pesticide Advisory Committee.
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Section 2-27-6
Pesticide Advisory Committee.
(a) Creation. A pesticide advisory committee is hereby created and established to consist of 13 members to be appointed from and by certain agencies, departments, institutions, and organizations as provided in this section. The Pesticide Advisory Committee's membership, their term of service, method of appointment, authority, duties, and functions shall be as follows:
(1) Two members from the School of Agriculture and the Agricultural Experiment Station of Auburn University, to be appointed by its dean and director;
(2) Two members from the Cooperative Agricultural Extension Service of Auburn University, to be appointed by its director;
(3) Two members in the employ of the state Department of Agriculture and Industries, to be appointed by its commissioner;
(4) Two members in the employ of the State Department of Public Health, to be appointed by the State Health Officer;
(5) Two members in the employ of the state Department of Conservation and Natural Resources, to be appointed by its director;
(6) Two members from the Alabama Pesticide Institute, to be appointed by its board of directors; and
(7) One member appointed by the Commissioner of Agriculture and Industries from a list of five nominees submitted by the Alabama Farmers Federation who are primarily and actively engaged in farming.
The term of service of the members of said committee shall be at the pleasure of the appointing authority. The chairman and secretary of the Pesticide Advisory Committee shall be elected annually from and by the committee members, and each shall serve until their successors are elected.
(b) Meetings. The Pesticide Advisory Committee shall meet at the call of its chairman or upon call of a majority of its members. There shall be at least two regular meetings of the committee during each calendar year to be held not less than five months apart, and call meetings may be held as the duties and business of the committee may require. In the absence of the chairman, the committee shall elect a temporary chairman.
(c) Official action. Official action of the Pesticide Advisory Committee requires a majority vote of the members of the committee present and voting. Seven members of the committee shall constitute a quorum, which is the number necessary to transact official business of the committee.
(d) Powers and duties. The Pesticide Advisory Committee, with respect to its field of work, shall have the powers and duties:
(1) To consider and study the entire field of pesticides;
(2) To review and make recommendations to the commissioner on any pesticide registration submitted to it by the commissioner;
(3) To advise, counsel, and consult with the commissioner upon his request in connection with the promulgation, administration, and enforcement of all laws, rules, and regulations relating to pesticides;
(4) To consider all matters submitted to it by the commissioner, other members of the committee, or any person affected by the provisions and to offer suggestions and make recommendations to the commissioner on its own initiative in regard to changes in the laws, rules, and regulations relating to pesticides, as may be deemed advisable for the effective administration and enforcement of said laws and rules and regulations;
(5) To suggest or recommend, on its own initiative, policies or practices for the administration and enforcement of this article, which suggestions and recommendations the commissioner shall duly consider; and
(6) To review registered pesticides as to their safety and/or efficacy and make recommendations to the commissioner as to its findings and to make recommendations as to which pesticides should be prohibited or restricted in use. The commissioner shall duly consider these recommendations as to the registration cancellation and as to restricted-use pesticides, the decision so arrived at shall not be final until approved by the State Board of Agriculture and Industries.
(e) Records of meetings. In conducting its meetings, the Pesticide Advisory Committee shall use accepted rules of procedures, and the secretary shall keep a complete record of the proceedings of each meeting of the committee, which proceedings shall show the names of the members present at each meeting and the actions taken at committee meetings. Such record of proceedings of the committee shall be kept on file with the secretary and in the office of the commissioner, which shall be open for public inspection.
(Acts 1971, No. 1949, p. 3151, §7; Acts 1992, No. 92-108, p. 178, §4.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 27 - Pesticides.›Article 1 - Alabama Pesticide Act.›Section 2-27-7 - Intergovernmental Cooperation and Agreements.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 1 - Alabama Pesticide Act. › Section 2-27-7 - Intergovernmental Cooperation and Agreements.
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Section 2-27-7
Intergovernmental cooperation and agreements.
The commissioner is authorized to cooperate with and enter into agreements with any other agency, department or institution of this state, the United States government or any of its departments, and any other state or agency thereof, for the purpose of carrying out the provisions of this article and to provide for uniformity of regulations insofar as may be practicable.
(Acts 1971, No. 1949, p. 3151, §11.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 27 - Pesticides.›Article 1 - Alabama Pesticide Act.›Section 2-27-8 - Rules and Regulations.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 1 - Alabama Pesticide Act. › Section 2-27-8 - Rules and Regulations.
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Section 2-27-8
Rules and regulations.
In addition to the express authority of the commissioner, with approval of the Board of Agriculture and Industries, to adopt rules and regulations and establish fees for the administration and enforcement of the provisions of this article as provided in this article, the commissioner, with approval of the State Board of Agriculture and Industries, may also adopt and promulgate such other rules and regulations as may be necessary to carry out the evident intent and purpose of this article. A public hearing with due notice thereof shall be given before rules and regulations are approved and adopted as authorized in this section.
(Acts 1951, No. 908, p. 1548, §4; Acts 1971, No. 1949, p. 3151, §14; Act 2004-516, p. 996, §1.)
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https://law.justia.com/codes/alabama/title-2/chapter-27/article-1/section-2-27-9/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 27 - Pesticides.›Article 1 - Alabama Pesticide Act.›Section 2-27-9 - Registration, Application, and Fees; Registration Powers of Commissioner; Appeal an...
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 1 - Alabama Pesticide Act. › Section 2-27-9 - Registration, Application, and Fees; Registration Powers of Commissioner; Appeal and Review.
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Section 2-27-9
Registration, application, and fees; registration powers of commissioner; appeal and review.
(a) Every pesticide or device which is distributed, sold, or offered for sale within this state or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state shall be registered with the commissioner upon application forms prescribed and furnished by the commissioner, and such registration or registrations shall be renewed during the registrant's renewal year, due January 1 of the renewal year. The applicant shall pay a biennial registration fee established by the Board of Agriculture and Industries not to exceed six hundred dollars ($600). The fee shall be paid according to the schedule in subsection (i). The fee shall accompany the application for registration and be deposited to the credit of the Agricultural Fund of the State Treasury for the exclusive benefit of the Pesticide Management Division of the Department of Agriculture and Industries. The fees shall be used by the department for enforcement of Chapters 27 and 28. If the registration fee is not paid by March 1, or within 60 days following its due date, a delinquency penalty of one hundred fifty dollars ($150) per product to be registered shall be added to the amount thereof.
Pesticides may also be registered for special local needs as provided under duly adopted regulations of the board and pursuant to the requirements of the federal Insecticide, Fungicide, and Rodenticide Act, as amended. Special local need registration means registration of a pesticide for use under conditions of special local need as defined by the federal Insecticide, Fungicide, and Rodenticide Act, as amended. The fee and other requirements for special local need pesticide registration shall be the same as other pesticide registration requirements. The application for registration shall contain a statement containing all of the following information:
(1) The name and address of the applicant and the name and address of the person whose name will appear on the label, if other than the applicant.
(2) The name of the pesticide with an ingredient statement.
(3) A complete copy of the labeling accompanying the pesticide and a statement of all claims to be made for it including directions for use.
(4) If requested by the commissioner, a full description of the tests made, and the results thereof, upon which the claims are based. In the case of renewal of registration, a statement shall be required only with respect to information which is different from that furnished when the pesticide was registered or last reregistered.
(b) The commissioner, whenever deemed necessary in the administration of this article, may require the submission of the complete formula and method of analysis of any pesticide. If it appears to the commissioner that the composition of the article is such as to warrant the proposed claims for it and if the article and its labeling and other material required to be submitted comply with the requirements of Section 2-27-14, he or she shall register the article.
(c) If it is determined as provided under subsection (d) of Section 2-27-6 that a pesticide, based upon its formulation and directions for use, warnings and cautions contained in its registered labeling, may not, without additional restrictions, be applied for its intended use without substantial adverse effects on the environment, including injury to the applicator, such a pesticide shall be designated as a restricted-use pesticide.
(d) If it does not appear to the commissioner that the article is such as to warrant the proposed claims for it or if the article and its labeling and other material required to be submitted do not comply with the provisions of this article, he or she shall notify the applicant of the manner in which the article, labeling, or other material required to be submitted fail to comply with the article so as to afford the applicant an opportunity to make the necessary corrections.
If, upon receipt of such notice, the applicant does not make the corrections, the commissioner may refuse to register the article. The commissioner, in accordance with the procedures specified in this section, may suspend or cancel the registration of a pesticide whenever it does not appear that the article or its labeling complies with the provisions of this article. Whenever an application for registration is refused or the commissioner proposes to suspend or cancel a registration as authorized under subsections (c), (d), and (e) of this section, notice of such action shall be given to the applicant or registrant who shall have 20 days from the date of such notice to request a hearing on the proposed action of the commissioner. The hearing shall be conducted by the commissioner, or his or her designee, for the purpose of receiving evidence relevant and material to the issues, following the conclusion of which the commissioner shall issue an order with findings of fact and notify the applicant or registrant thereof. The commissioner's order shall be based only on substantial evidence of record taken at the hearing.
Any person adversely affected by such an order of the commissioner may obtain judicial review thereof by filing in the Circuit Court of Montgomery County, within 30 days after the entry of the order, a complaint requesting that the order be set aside in whole or in part. A copy of the petition shall be forthwith served upon the commissioner, and within 20 days from the date of service of the complaint, the commissioner shall file an answer accompanied by the record of the proceedings on which the order was based. The court shall have jurisdiction to affirm or set aside the order complained of, in whole or in part, following a hearing upon the complaint and answer. The findings of the commissioner with respect to questions of fact shall be sustained if supported by substantial evidence when considered on the record as a whole. The court may sustain the order of the commissioner, set aside or reverse the action of the commissioner, or it may remand the matter to the commissioner to take further testimony if there are reasonable grounds for the failure to adduce such evidence in the prior hearing. The commissioner may modify findings and the order by reason of the additional evidence so taken and shall file the additional record and any modification of the findings or order with the register or clerk of the court.
(e) Upon the advice of the Pesticide Advisory Committee and with the approval of the board, the commissioner shall refuse the registration or cancel the registration of any pesticide or device previously registered where it is determined that the use of the pesticide according to directions on the label poses a substantial adverse effect on humans, animals, or the general environment. Any person upon being notified of the refusal or cancellation of registration of a pesticide shall be entitled to the review, hearing, and appeal rights as provided under subsection (d).
(f) Experimental labels may be required to be affixed to containers of pesticides if the pesticide is for experimental use.
(g) Notwithstanding any other provisions of this article, registration is not required in the case of a pesticide shipped from one plant within this state to another plant within this state operated by the same person.
(h) The registration fee as required under this section, together with the dealer license fee required under Section 2-27-10, shall be paid by cooperative marketing and purchasing associations and any exemption 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. Any amount improperly or illegally collected under the provisions of this article as overpayments, through mistake or otherwise, may be refunded to the person entitled thereto in accordance with Section 2-1-6.
(i)(1) Except as provided in subdivision (2), all registrations issued by the department pursuant to subsection (a) shall be paid according to the following staggered schedule:
a. All registrations issued to registrants whose names begin with the letters A through M shall expire on December 31, 2013. Upon expiration of registration on December 31, 2013, a registrant whose name begins with letters A through M may renew a registration for a period of two years upon payment of a fee of five hundred dollars ($500) per product. The registration shall be valid until December 31, 2015. The registrant may renew every two years thereafter upon payment of the fee of six hundred dollars ($600).
b. All registrations issued to registrants whose names begin with the letters N through Z shall expire on December 31, 2012. Upon expiration of the registration on December 31, 2012, a registrant whose name begins with letters N through Z may renew a registration for a period of two years upon payment of a fee of five hundred dollars ($500) per product. The registration shall be valid until December 31, 2014. After December 31, 2014, the registrant may renew a registration for a period of two years upon payment of a fee of six hundred dollars ($600) per product.
(2) All registrations issued by the department to a registrant who is applying to register an additional pesticide during the second year of the registrant's registration period shall expire December 31 of that year.
(3) An application for registration shall be accompanied by a fee of six hundred dollars ($600) for each pesticide except as provided in subdivisions (1) and (2).
(Acts 1951, No. 908, p. 1548, §3; Acts 1971, No. 1949, p. 3151, §4; Acts 1989, No. 89-743, p. 1473; Acts 1991, No. 91-556, p. 1025, §1; Act 2004-516, p. 996, §1; Act 2011-549, p. 1010, §1; Act 2012-403, p. 1102, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 27 - Pesticides.›Article 1 - Alabama Pesticide Act.›Section 2-27-10 - License to Sell.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 1 - Alabama Pesticide Act. › Section 2-27-10 - License to Sell.
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Section 2-27-10
License to sell.
(a) Before any person sells or offers for sale any restricted-use pesticide in this state for use therein or before any person sells such restricted pesticide for importation into this state where such sale is directly to the user, custom applicator, aerial applicator, or pest-control operator, the person shall apply for and obtain from the commissioner an annual license which authorizes the sale of restricted-use pesticides to persons who have been issued certified pesticide-use permits as required by Section 2-27-11. The license required by this section shall be posted in a conspicuous place in licensee's sales outlet. Application forms for this purpose shall be furnished by the commissioner, which shall be accompanied by a license fee established by the Board of Agriculture and Industries. All such licenses shall expire December 31 of each year and shall be renewed annually as of January 1, upon payment of the required annual license fee. Any person who has more than one sales outlet or establishment in Alabama shall pay an additional license fee established by the board for each such additional sales outlet. If the license fee is not paid by February 15, or within 45 days following its due date, a delinquent penalty of 10 percent shall be added to the license fee. License fees collected under this section shall be deposited to the credit of the Agricultural Fund of the State Treasury.
(b) Before any person is issued a license under this section authorizing the sale of restricted-use pesticides, the person shall comply with all requirements of this article and rules and regulations as may be promulgated and approved for the sale of such pesticides.
(c) It is hereby intended that every person who sells or offers for sale restricted-use pesticides directly to farmer users, custom applicators, aerial applicators, pest-control operators, or other users of restricted-use pesticides shall be subject to licensing requirements of this section except as exempt under Section 2-27-5. The Commissioner of Agriculture and Industries, with approval of the board, may promulgate rules and regulations for the purpose of determining whether dealers who apply for a license as required in this section are qualified and equipped to safely handle, keep, store, deliver, transport, and sell or offer for sale restricted-use pesticides, to the end that such pesticides will be sold, stored, and otherwise handled by such dealers in a manner that will not endanger or be hazardous or cause injury or damage to human health, nontarget animals, wildlife, crops, water, or be detrimental to the general environment. Any person denied a license as required in this section shall be entitled to the review, hearing, and appeal rights provided under subsection (d) of Section 2-27-9.
(Acts 1971, No. 1949, p. 3151, §5; Act 2004-516, p. 996, §1.)
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https://law.justia.com/codes/alabama/title-2/chapter-27/article-1/section-2-27-11/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 27 - Pesticides.›Article 1 - Alabama Pesticide Act.›Section 2-27-11 - Use Permits.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 1 - Alabama Pesticide Act. › Section 2-27-11 - Use Permits.
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Section 2-27-11
Use permits.
(a) Each person shall obtain a pesticide-use permit from the commissioner before the person is eligible to purchase and use a restricted-use pesticide. Application forms for such permits shall be furnished by the commissioner, and the permit shall be valid and effective for a period of time to be established by rules and regulations of the State Board of Agriculture and Industries unless sooner revoked by the commissioner for cause as specified in rules and regulations promulgated by the commissioner with approval of the board.
(b) Before any person is authorized to purchase and use restricted-use pesticides for application or use thereof, the person shall meet certain qualifications to be prescribed pursuant to rules and regulations of the commissioner approved by the board. The regulations shall be designed to satisfy the requirements of the federal Insecticide, Fungicide, and Rodenticide Act, as amended, and to determine whether the user or applicator of restricted-use pesticides can use and apply such products in a manner that will not endanger or be injurious to human health and nontarget animals, wildlife, vegetation, crops, and water or be detrimental to the general environment and whether such user is familiar with methods of safe storage, handling, use, applications, and disposal of such pesticides and pesticide containers so as to avoid hazardous effects that may result from any improper use, handling, or application of such products.
(c) In addition to any other requirement, the applicant, for initial issuance or any reissuance of a permit to purchase and use restricted-use pesticides, shall pay to the commissioner a permit fee of not less than $15 nor more than $60 per category of certification for a commercial pesticide applicator permit, nor more than $40 for certification as a private pesticide applicator to be determined by the board through the adoption of rules and regulations. In determining the exact amount of the fee, the board shall take into consideration whether the permit holder is purchasing and using restricted-use pesticides for private or commercial purposes. Pending the adoption of rules, the permit fee shall be $15. All moneys collected under this section shall be deposited in the State Treasury to the credit of the Agricultural Fund.
(Acts 1971, No. 1949, p. 3151, §6; Acts 1977, No. 580, p. 769, §2; Acts 1989, No. 89-653, p. 1295, §1; Acts 1993, No. 93-755, p. 1509, §1; Act 2004-516, p. 996, §1.)
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https://law.justia.com/codes/alabama/title-2/chapter-27/article-1/section-2-27-12/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 27 - Pesticides.›Article 1 - Alabama Pesticide Act.›Section 2-27-12 - Sampling and Inspection.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 1 - Alabama Pesticide Act. › Section 2-27-12 - Sampling and Inspection.
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Section 2-27-12
Sampling and inspection.
(a) The commissioner or his agent is authorized to enter upon any public or private premise or carrier at reasonable times during regular business hours in the performance of his duties relating to pesticides, devices and records pertaining to same. It shall be a violation of the penalty provisions of this article for any person to refuse to allow such entrance for sampling and inspection purposes.
(b) The commissioner or his agent is authorized and directed to sample, test, inspect and make analyses of pesticides sold or offered for sale or distributed within this state, at a time and place and to such an extent as he may deem necessary to determine whether such pesticides are in compliance with the provisions of this article.
(c) The official analysis shall be made from the official sample. The registrant may obtain upon request a portion of said official sample. If the official analysis conforms to the provisions of this article, the official sample may be destroyed. If the official analysis does not conform to the provisions of this article, then the official sample shall be retained for a period to be determined by the State Board of Agriculture and Industries pursuant to regulations.
(d) If any pesticide, pesticide container or device fails to comply with or is otherwise in violation of any of the provisions and requirements of this article, or rules and regulations promulgated thereunder, and the commissioner contemplates possible legal proceedings against the person responsible for any such violation, the commissioner shall, after due notice, accord such person an informal hearing or an opportunity to present his views, either orally or in writing, with regard to such violation or contemplated legal proceedings; and, if in the opinion of the commissioner the facts so warrant, the commissioner may refer the facts to the Attorney General of Alabama for appropriate legal action pursuant to the enforcement and penalty provisions of this article; provided, that nothing in this article shall be construed as requiring the commissioner to report for any legal action or prosecution minor violations whenever he believes that the public interest will be best served by a suitable notice of warning in writing. It shall be the duty of each district attorney, assistant district attorney or deputy district attorney to whom any violation is reported and referred to by the Attorney General to cause appropriate proceedings to be instituted and prosecuted in a court of competent jurisdiction to the end that appropriate legal action may be taken against persons who do not comply with the provisions of this article.
(Acts 1951, No. 908, p. 1548, §5; Acts 1971, No. 1949, p. 3151, §8.)
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https://law.justia.com/codes/alabama/title-2/chapter-27/article-1/section-2-27-13/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 27 - Pesticides.›Article 1 - Alabama Pesticide Act.›Section 2-27-13 - Deficiencies in Analysis.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 1 - Alabama Pesticide Act. › Section 2-27-13 - Deficiencies in Analysis.
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Section 2-27-13
Deficiencies in analysis.
No deficiency shall exist in connection with the analysis or report on the analysis of any sample of a pesticide unless the deviation from guarantee is greater than plus or minus three percent of the amount guaranteed of one or more of the active ingredients or added ingredients claimed, except as provided by the commissioner by regulation approved by the State Board of Agriculture and Industries.
(Acts 1971, No. 1949, p. 3151, §10.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 27 - Pesticides.›Article 1 - Alabama Pesticide Act.›Section 2-27-14 - Prohibited Acts.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 1 - Alabama Pesticide Act. › Section 2-27-14 - Prohibited Acts.
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Section 2-27-14
Prohibited acts.
(a) It shall be unlawful for any person to distribute, sell, offer for sale or keep for sale within the state or deliver for transportation or transport in intrastate commerce or between points within this state through any point outside this state any of the following:
(1) Any pesticide or device which has not been registered pursuant to the provisions of Section 2-27-9, or any pesticide if any of the claims made for it or any of the directions for its use differ in substance from the representations made in connection with the registration or if the composition of a pesticide differs from its composition as represented in connection with its registration; provided, that in the discretion of the commissioner, a change in the labeling of a pesticide may be made within a registration period without requiring reregistration of the pesticide.
(2) Any pesticide or device, unless it is in the registrant's or the manufacturer's unbroken immediate container and there is affixed to such container and to the outside container or wrapper of the retail package, if there be one, through which the required information on the immediate container cannot be clearly read, a label bearing:
a. The name and address of the manufacturer, registrant or person for whom manufactured;
b. The name, brand or trademark under which said article is sold;
c. The net weight or measure of the content, subject, however, to such reasonable variations as the commissioner may permit; and
d. Any other mandatory labeling requirements.
(3) Any pesticide which contains any substance or substances in quantities highly toxic to man, determined by the commissioner as provided in subsection (c) of Section 2-27-9, unless the label shall bear, in addition to any other matter required by this article:
a. The skull and crossbones;
b. The word "Poison" prominently in red on a background of distinctly contrasting color; and
c. A statement of an antidote for the pesticide.
(4) The pesticides commonly known as standard lead arsenate, basic lead arsenate, calcium arsenate, magnesium arsenate, zinc arsenate, zinc arsenite, sodium fluoride, sodium fluosilicate and barium fluosilicate, unless they have been distinctly colored or discolored as provided by regulations issued in accordance with this article, or any other white powder pesticide which the commissioner, after investigation of and after public hearing on the necessity of such action for the protection of the public health and the feasibility of such coloration or discoloration, shall, by regulation, require to be distinctly colored or discolored, unless it has been so colored or discolored.
(5) Any pesticide which is adulterated, contaminated or misbranded, or any device which is misbranded.
(b) It shall be unlawful:
(1) For any person to detach, alter, deface, or destroy, in whole or in part, any label or labeling provided for in this article or regulations promulgated under this article or to add any substance to, or take any substance from, a pesticide in a manner that may defeat the purpose of this article.
(2) For any person to use to his own advantage or to reveal, other than to the commissioner or proper officials or employees of the state or to the courts of this state in response to a subpoena, or to physicians, or in emergencies to pharmacists and other qualified persons for use in the preparation of antidotes, any information relative to formulas or products acquired by authority of Section 2-27-9.
(3) To disseminate any false advertisement.
(4) To hold or offer for sale, sell or distribute to the user any restricted-use pesticide or device without a license and unless the person to whom sale is made for use thereof, or his agent, to whom delivery is made holds a valid restricted pesticide-use permit issued by the commissioner.
(5) To purchase, use or possess a restricted-use pesticide without a pesticide-use permit.
(6) To purchase, use or dispose of a restricted-use pesticide or its container in a manner other than that stated on the purchase or use permit or in labeling or to use any pesticide in a manner inconsistent with its label or any other written, printed or graphic matter accompanying the pesticide or device at any time or to which reference is made on the label or in literature accompanying the pesticide or device, except to current official publications of the Environmental Protection Agency, the United States Departments of Agriculture and Interior, the Department of Health, Education, and Welfare, state experiment stations, state agricultural colleges and other similar federal or state institutions or agencies authorized by law to conduct research in the field of pesticides.
(7) To hold or offer for sale, sell or distribute any pesticide where it has been determined that the use of the pesticide under subsection (e) of Section 2-27-9 is dangerous or harmful to humans, animals or the general environment and registration thereof has been refused or cancelled.
(8) To offer for sale, sell, purchase or transport any pesticide in any quantity, bulk or otherwise, in any container which fails to meet the specifications determined and established by the commissioner pursuant to regulations approved by the State Board of Agriculture and Industries. Such rules and regulations with respect to the movement or transportation of any pesticide shall be consistent with rules, regulations or other requirements of the federal Department of Transportation, Interstate Commerce Commission or other federal agency or department.
(Acts 1951, No. 908, p. 1548, §2; Acts 1971, No. 1949, p. 3151, §3; Acts 1977, No. 580, p. 769, §1.)
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https://law.justia.com/codes/alabama/title-2/chapter-27/article-1/section-2-27-15/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 27 - Pesticides.›Article 1 - Alabama Pesticide Act.›Section 2-27-15 - Suspension From Sale, Seizure and Condemnation.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 1 - Alabama Pesticide Act. › Section 2-27-15 - Suspension From Sale, Seizure and Condemnation.
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Section 2-27-15
Suspension from sale, seizure and condemnation.
Any pesticide, pesticide container or device that is distributed, sold or offered for sale within this state or delivered for transportation or transported in intrastate commerce or between points within this state through any point outside this state in violation of any of the provisions of this article shall be subject to suspension from sale, seizure and condemnation in accordance with the provisions of Article 2 of Chapter 2 of this title.
(Acts 1951, No. 908, p. 1548, §8; Acts 1971, No. 1949, p. 3151, §12.)
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https://law.justia.com/codes/alabama/title-2/chapter-27/article-1/section-2-27-16/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 27 - Pesticides.›Article 1 - Alabama Pesticide Act.›Section 2-27-16 - Penalty for Violation of Article; Injunctions.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 1 - Alabama Pesticide Act. › Section 2-27-16 - Penalty for Violation of Article; Injunctions.
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Section 2-27-16
Penalty for violation of article; injunctions.
(a) Any person who shall violate any of the provisions of this article declared to be unlawful or who shall fail or refuse to perform any duty or requirement imposed by the provisions of this article, or who shall violate any rule or regulation duly promulgated under this article or who shall sell or offer for sale or distribute for sale any pesticide or device in violation of any of the requirements of this article shall be guilty of a misdemeanor and, upon conviction, shall be punished as now prescribed by law for such an offense. Fines imposed under this article shall be paid into the Agricultural Fund of the State Treasury.
(b) In addition to the penalty and other enforcement remedies of this article and notwithstanding the existence of an adequate legal remedy, the circuit court, or any judge thereof, shall have jurisdiction and for cause shown and upon a hearing to grant a temporary restraining order or preliminary or permanent injunction, or both, restraining and enjoining any person from violating or continuing to violate any of the provisions of this article or any rule or regulation promulgated under authority of this article. Said injunction shall be issued without bond. Any action commenced under this subsection based upon facts furnished by the commissioner or others having knowledge thereof shall be brought in the name of the State of Alabama; provided, that such action shall be brought upon the relation of the Attorney General and with his approval who shall be assisted by the district attorney or deputy district attorney for the county in which injunctive proceedings are filed.
(Acts 1951, No. 908, p. 1548, §7; Acts 1971, No. 1949, p. 3151, §13.)
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https://law.justia.com/codes/alabama/title-2/chapter-27/article-2/section-2-27-30/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 27 - Pesticides.›Article 2 - State Laboratory.›Section 2-27-30 - Establishment and Operation; Policy Committee and Executive Committee Therefor.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 2 - State Laboratory. › Section 2-27-30 - Establishment and Operation; Policy Committee and Executive Committee Therefor.
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Section 2-27-30
Establishment and operation; policy committee and executive committee therefor.
The commissioner and state Department of Agriculture and Industries shall have authority to provide for the establishment and operation of a laboratory to obtain reliable analysis of raw and processed agricultural products, the materials used in production of agricultural products for harmful pesticide residues for the protection of public health and interest, to aid in developing and expanding markets for agricultural products, the protection and production of fish and wildlife, and the use of recreational areas as related to pesticide residues. In connection therewith, there shall be established a policy committee to be composed of the following:
(1) The Director, Alabama Cooperative Extension Service, who shall be chairman of the committee;
(2) The Commissioner of the Department of Agriculture and Industries;
(3) The Director, Alabama Experiment Station System;
(4) The State Health Officer;
(5) The Commissioner of the Department of Conservation and Natural Resources;
(6) The president, or a representative named by him, of the following organizations or associations:
a. Alabama Farmers Federation;
b. Alabama Dairy Products Association;
c. Alabama Feed Dealers Association;
d. Alabama Poultry Industry Association;
e. Alabama Fisheries Association;
f. Alabama Cattlemen's Association;
g. Alabama Pesticide Institute; and
h. A representative of the Alabama Farmers Federation Dairy Committee and one person engaged in the production and/or marketing of fruits and vegetables, to be appointed by the Commissioner of Agriculture and Industries.
The advisory committee may select from among their number an executive committee, who shall have and exercise such authority as the advisory committee may determine. The members of the advisory committee and executive committee shall not be entitled to any remuneration whatever for the performance of their functions. Members of such committee may be represented at meetings by their proxies.
(Acts 1965, 2nd Ex. Sess., No. 132, p. 185, §1; Acts 1966, Ex. Sess., No. 399, p. 538, §1; Acts 1992, No. 92-108, p. 178, §5.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 27 - Pesticides.›Article 2 - State Laboratory.›Section 2-27-31 - Location.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 2 - State Laboratory. › Section 2-27-31 - Location.
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Section 2-27-31
Location.
Any laboratory established under the provisions of this article shall be located on property owned by Auburn University, which shall be leased to the Department of Agriculture and Industries by the trustees of the university.
(Acts 1965, 2nd Ex. Sess., No. 132, p. 185, §2.)
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https://law.justia.com/codes/alabama/title-2/chapter-27/article-2/section-2-27-32/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 27 - Pesticides.›Article 2 - State Laboratory.›Section 2-27-32 - Director.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 2 - State Laboratory. › Section 2-27-32 - Director.
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Section 2-27-32
Director.
The laboratory established under the provisions of this article shall be under the supervision and charge of a director appointed by the Commissioner of Agriculture and Industries, with the advice and consent of the policy committee, subject to the provisions of the state Merit System law, and his salary shall be fixed by the State Personnel Board, upon recommendation of the Commissioner of Agriculture and Industries, with the approval of the policy committee.
(Acts 1965, 2nd Ex. Sess., No. 132, p. 185, §5; Acts 1966, Ex. Sess., No. 399, p. 538, §2.)
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https://law.justia.com/codes/alabama/title-2/chapter-27/article-2/section-2-27-33/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 27 - Pesticides.›Article 2 - State Laboratory.›Section 2-27-33 - Additional Powers and Authority.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 2 - State Laboratory. › Section 2-27-33 - Additional Powers and Authority.
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Section 2-27-33
Additional powers and authority.
(a) In addition to the powers and authority heretofore authorized by law pursuant to Sections 2-27-30, 2-27-31 and 2-27-32, the pesticide residue laboratory heretofore established and now operated by the Department of Agriculture and Industries at Auburn University shall also be authorized to obtain reliable analysis of raw and processed agricultural products and other food products, fish, game, and other wildlife to detect the presence of any harmful drug residues for the protection of public health, to aid in developing and expanding markets for agricultural products, and for the protection and production of fish and wildlife and related purposes, which activities shall be in addition to the duties as now authorized by law for the operation of such laboratory.
(b) In addition to the testing and analysis authorized in subsection (a), testing and analysis may be performed as authorized in Section 2-2-33.
(Acts 1979, No. 79-702, p. 1250; Act 2015-262, §2.)
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https://law.justia.com/codes/alabama/title-2/chapter-27/article-3/section-2-27-50/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 27 - Pesticides.›Article 3 - Application.›Section 2-27-50 - Definitions.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 3 - Application. › Section 2-27-50 - Definitions.
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Section 2-27-50
Definitions.
For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section.
(1) PESTICIDE.
a. Any substance or mixture of substances intended to prevent, destroy, control, repel or mitigate any insect, rodent, nematode, predatory animal, snail, slug, fungus, bacteria, weed or any other form of plant or animal life or virus, except virus on or in living man or other animal, that may infest, infect or be detrimental to vegetation, man, animal, structure or household or be present in any environment or which the commissioner may declare to be a pest;
b. Any substance or mixture of substances intended to be used as a plant regulator, defoliant or desiccant;
c. Any spray adjuvant such as a wetting agent, spreading agent, deposit builder, adhesive, emulsifying agent, deflocculating agent, water modifier or similar agent, with or without toxic properties of its own, intended to be used with any other pesticide as an aid to the application or effect thereof, whether or not sold separately from that of the pesticide with which it is to be used; and
d. Any other similar substance designated by the commissioner which is used or intended to be used for any of the above purposes.
(2) WEED. Any plant which grows where not wanted.
(3) PERSON. Any individual, firm, partnership, corporation, association or other legal entity or organization.
(4) COMMISSIONER. The Commissioner of Agriculture and Industries of the State of Alabama.
(5) BOARD. The State Board of Agriculture and Industries of the State of Alabama.
(6) CUSTOM APPLICATION OF PESTICIDES. Any application of pesticides to growing agricultural, horticultural or floricultural crops, rights-of-way or woodlands by aircraft or ground equipment for remuneration.
(7) AIRCRAFT. Any mechanism used in flight in the air that is designed for use, adaptable for use or that is used in applying pesticides as sprays, dusts, aerosols, fogs or in other forms.
(8) GROUND EQUIPMENT. Any machine, equipment or device other than aircraft that is designed for use, adaptable for use or that is used on land or water in applying pesticides as sprays, dusts, aerosols, fogs or in other forms.
(Acts 1971, No. 1957, p. 3177, §2.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 27 - Pesticides.›Article 3 - Application.›Section 2-27-51 - Purpose of Article.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 3 - Application. › Section 2-27-51 - Purpose of Article.
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Section 2-27-51
Purpose of article.
The purpose of this article is to regulate, in the public interest, the application of pesticides. In recent years many new materials have been discovered or synthesized which are valuable and necessary for the control of insects, plant diseases and weeds; however, such materials when misused may seriously injure health, property, crops, wildlife, bees and fish. Pesticides may also injure man or animals, either by direct poisoning or by gradual accumulation of poisons in the tissues. The drifting or washing of pesticides into streams or lakes can cause appreciable damage to aquatic life. A pesticide applied by aircraft or ground equipment for the purpose of controlling diseases, insects or weeds in a crop which is not itself injured by the pesticide may drift, sometimes for miles, and injure or contaminate other crops and other things with which it comes in contact. Therefore, it is deemed necessary and in the public interest to provide some means of regulating the application of pesticides.
(Acts 1971, No. 1957, p. 3177, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 27 - Pesticides.›Article 3 - Application.›Section 2-27-52 - Exceptions to Applicability of Article.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 3 - Application. › Section 2-27-52 - Exceptions to Applicability of Article.
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Section 2-27-52
Exceptions to applicability of article.
This article shall not apply to the application of pesticides to lawns, trees or shrubs immediately adjacent to a dwelling or building nor to the use of pesticides or other chemicals for the control, eradication or prevention of termites or household pests. In no event shall this article be construed so as to apply to persons engaged in farming activities who use their own aircraft or ground equipment for the application of pesticides, unless such persons use this equipment for hire to service property not owned or leased by them, nor shall this article apply to municipalities, counties or the state or federal agencies, or subdivisions thereof, where such governmental agencies engage in the custom application of pesticides through employees of such agencies; provided, that nothing in this section shall be construed to exempt any person from the requirements of this article where such person performs custom application of pesticides by contract for any governmental agency. Any person issued a license pursuant to the requirements of this article shall not be required to procure a permit required by Chapter 28 of this title unless such person engages in work regulated, controlled and governed by the provisions and requirements thereof; but none of the provisions of this section shall be construed to exempt any person from being required to procure a license under requirements of this article and also a permit under requirements of Chapter 28 of this title where such persons engage in work regulated and governed by both of said statutes.
(Acts 1971, No. 1957, p. 3177, §12.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 27 - Pesticides.›Article 3 - Application.›Section 2-27-53 - License - Required; Fees; Examination and Certification; License Restrictions.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 3 - Application. › Section 2-27-53 - License - Required; Fees; Examination and Certification; License Restrictions.
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Section 2-27-53
License - Required; fees; examination and certification; license restrictions.
(a) No person may engage in the custom application of pesticides within this state at any time without first procuring an annual license from the commissioner. The fee for such license which shall accompany the application for a license shall be established by the Board of Agriculture and Industries for the custom application of pesticides by the use of ground equipment. The fee for a license where the applicant will perform the custom application of pesticides by the use of a single aircraft shall be established by the Board of Agriculture and Industries. An applicant planning to use more than one aircraft for the custom application of pesticides, shall pay a fee established by the board for each additional aircraft used in such work; provided, that the total amount required to be paid for a license issued under this section shall not exceed $120.00, regardless of the number of planes to be used by the applicant. Any person who engages in the custom application of pesticides by the use of both ground equipment and aircraft shall pay an annual license fee established by the board to engage in such work where the applicant will use only one aircraft. If the applicant will use more than one aircraft, then a fee established by the board for each additional aircraft so used shall be paid as provided in this section, subject to the maximum amount therein specified. The license required under this section shall expire on December 31 of the year for which it is issued, and shall be renewable as of January 1 of the following year by payment of the annual license fee as prescribed in this section and upon compliance with the other requirements of this article. If the license fee is not paid by February 15, or within 45 days from the due date, a delinquent penalty of 10 percent shall be added to the amount thereof. The application for a license shall be on forms furnished by the commissioner and accompanied by the required license fee. The application shall give all of the following information:
(1) The name and address of applicant.
(2) The type of equipment he or she proposes to use, including the number of aircraft, if such equipment is to be used.
(3) Information regarding the applicant's qualifications and proposed operation.
(4) Such other information as may be necessary for the commissioner to determine whether or not he or she qualifies for a license.
Any amount improperly or illegally collected under this section as an overpayment may be refunded to the person entitled thereto in accordance with Section 2-1-6.
(b) The commissioner shall require the applicant to show upon written examination, given by the examining board created and existing under the provisions of Section 2-28-2, that he or she possesses adequate knowledge concerning the proper use and application of pesticides and the dangers involved and the precautions to be taken in connection with their safe use, handling and application, together with other factors related thereto. An applicant may also be required to demonstrate knowledge and ability of the effective use of pesticides for control, prevention, or eradication of diseases and insects as authorized under authority of Chapter 28 of this title. The examining board as presently constituted may consult others on the scientific staff of Auburn University for advice and assistance relating to requirements and qualifications for persons to engage in custom application of pesticides. An examination fee established by the Board of Agriculture and Industries shall be paid and shall accompany each application for an examination before any applicant for a license is entitled to take the examination for a license as required under this section. Before a license is issued to any applicant, the applicant must be certified by the examining board as qualified to perform the custom application of pesticides. A full-time employee of the applicant, who has been certified by the examining board as qualified to perform the custom application of pesticides, may be designated by the applicant as supervisor to be in charge of and responsible for applicant's custom application of pesticides, and the license may be issued designating the employee as supervisor, provided the applicant otherwise qualifies for a license. License fees and examination fees collected under this section, together with the amount of any fines levied under Section 2-27-62, shall be deposited in the State Treasury to the credit of the Agricultural Fund for use and expenditure for the administration and enforcement of this article.
(c) If the commissioner finds the applicant qualified, he or she shall issue an annual license to perform custom application of pesticides within this state. The license may restrict the applicant to the use of a certain type or types of equipment or pesticide, material, substance, or mixture thereof if the commissioner finds that the applicant is qualified to use only such equipment or pesticides. If the license is not issued as applied for, the commissioner shall inform the applicant in writing of the reasons therefor. In the event a license is refused or revoked by the commissioner, the applicant may appeal the action of the commissioner as provided in subsection (b) of Section 2-27-54.
(Acts 1971, No. 1957, p. 3177, §3; Act 2004-516, p. 996, §1.)
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https://law.justia.com/codes/alabama/title-2/chapter-27/article-3/section-2-27-54/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 27 - Pesticides.›Article 3 - Application.›Section 2-27-54 - License - Suspension, Revocation or Modification; Appeals From Actions of Commissi...
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 3 - Application. › Section 2-27-54 - License - Suspension, Revocation or Modification; Appeals From Actions of Commissioner.
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Section 2-27-54
License - Suspension, revocation or modification; appeals from actions of commissioner.
(a) The commissioner may suspend, pending inquiry, for not longer than 10 days and, after opportunity for a hearing, may revoke or modify the provision of any license issued under this section if he finds that the licensee is no longer qualified, has engaged in fraudulent business practices in the custom application of pesticides or has made any custom application of pesticides in a faulty, careless or negligent manner or has violated or fails or refuses to comply with any of the provisions and requirements of this article, or regulations promulgated thereunder.
(b) Any person aggrieved by any action of the commissioner in refusing to issue a license or in revoking any license may obtain a review thereof by filing an appeal to the board within 15 days after notice of denial or revocation of the license has been received by the applicant or licensee, which appeal must be heard by the board at its next regular meeting or at a special called meeting for this purpose; provided, that such appeal must be heard by the board not later than 30 days following the date on which an appeal is filed. The filing of an appeal shall not suspend the action of the commissioner in the revocation or denial of any license. The action of the board in denying or revoking any license may be reviewed by the Circuit Court of Montgomery County, Alabama, upon a complaint being filed in said court, accompanied by a bond for payment of all court costs, which bond must be approved by the register or clerk, and such appeal must be filed within 20 days after notice to the applicant or licensee of the board's decision. The commissioner shall have 20 days in which to enter his appearance after the petition is served upon him. The court shall have jurisdiction to affirm, set aside or modify the action of the commissioner and the board, and such proceedings in the circuit court shall determine by trial de novo whether the applicant is entitled to the license under the requirements of this article.
(Acts 1971, No. 1957, p. 3177, §3.)
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https://law.justia.com/codes/alabama/title-2/chapter-27/article-3/section-2-27-55/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 27 - Pesticides.›Article 3 - Application.›Section 2-27-55 - License - Nonresidents.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 3 - Application. › Section 2-27-55 - License - Nonresidents.
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Section 2-27-55
License - Nonresidents.
Any person who performs the custom application of pesticides who is a nonresident of this state shall be required to obtain a license as required under Section 2-27-53 and comply with all of the other requirements of this article. Nothing herein shall prevent the commissioner, with approval of the board, from providing for issuing reciprocal licenses to residents of other states that recognize and accept licenses issued under this article to residents of this state who perform custom application of pesticides.
(Acts 1971, No. 1957, p. 3177, §9.)
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https://law.justia.com/codes/alabama/title-2/chapter-27/article-3/section-2-27-56/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 27 - Pesticides.›Article 3 - Application.›Section 2-27-56 - Surety Bond or Liability Insurance.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 3 - Application. › Section 2-27-56 - Surety Bond or Liability Insurance.
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Section 2-27-56
Surety bond or liability insurance.
Each applicant for a license to perform the custom application of pesticides shall, before a license is issued to him, furnish and file with the commissioner a surety bond in which the State of Alabama is named as obligee in the sum of $3,000.00 for each applicant operating ground equipment or not more than two aircraft. Where an applicant operates more than two aircraft, the amount of the bond required to be furnished shall be increased by the sum of $3,000.00 for each additional aircraft, provided the total amount of any bond required under this section shall not exceed the sum of $12,000.00. The bond shall be conditioned for the protection of, and that the licensee will answer in damages to, persons who may suffer legal damages as a result of licensee's custom application of pesticides or drift to plants, animals or property or by failure of licensee to comply with any of the requirements of this article, and rules and regulations duly adopted under authority thereof. Any person having a right of action against the principal named in such bond for damages caused by his application of pesticides may maintain an action against the principal and surety in such bond in the county where the work was performed; provided, that the aggregate liability of the surety to all such persons shall, in no event, exceed the amount of such bond. The filing of such bond shall not serve as a limitation of any liability for which he may be subject. Such bond as required in this section shall be written by a corporate surety company qualified to do business in Alabama. A liability insurance policy in an amount equal to not less than the amount of the bond insuring the licensee against legal liability proximately caused by his custom application of pesticides and written by an insurance company qualified and authorized to do business in the State of Alabama or by an eligible surplus line insurer or insurers, acceptable to the Commissioner of Insurance, may be filed with the commissioner in lieu of the surety bond as required in this section. The total and aggregate of the insurer for all claims shall be limited to the face amount of the liability insurance policy. A reasonable deductible clause may be included therein in an amount acceptable to the commissioner. The liability insurance policy need not apply to damages or injury to agricultural crops, plants or land being worked upon by licensee.
(Acts 1971, No. 1957, p. 3177, §5; Acts 1971, 3rd Ex. Sess., No. 79, p. 4288.)
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https://law.justia.com/codes/alabama/title-2/chapter-27/article-3/section-2-27-57/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 27 - Pesticides.›Article 3 - Application.›Section 2-27-57 - Rules and Regulations - Generally.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 3 - Application. › Section 2-27-57 - Rules and Regulations - Generally.
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Section 2-27-57
Rules and regulations - Generally.
The commissioner, with the approval of the board, is hereby authorized to promulgate such rules and regulations as are reasonable and necessary to carry out the evident intent and purpose of the provisions and requirements of this article; provided, that any such regulations shall not be inconsistent with regulations by the state or federal government respecting safety in air navigation or operation of aircraft. The commissioner shall consult with other officials before issuing regulations directly related to any matter within the jurisdiction of any other official of this state. Before any rules or regulations are promulgated or any existing rules and regulations are amended, as provided in this section, the commissioner shall give at least 10 days' notice to persons engaged in custom application of pesticides by aircraft or ground equipment that such rules and regulations are to be considered for adoption or for amendment by the board, in order that such persons may appear and be heard concerning the adoption or amending of any rules and regulations.
(Acts 1971, No. 1957, p. 3177, §10.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 27 - Pesticides.›Article 3 - Application.›Section 2-27-58 - Rules and Regulations - Type, Time and Method of Application of Pesticides.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 3 - Application. › Section 2-27-58 - Rules and Regulations - Type, Time and Method of Application of Pesticides.
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Section 2-27-58
Rules and regulations - Type, time and method of application of pesticides.
The commissioner may, by rules and regulations, after public hearing, with approval of the board, prescribe the pesticides or methods to be used for application thereof and prohibit or limit the use of certain pesticides during certain seasons of the year and the methods of application to such an extent as may be necessary to provide protection to health, the environment and property. In issuing such regulations, consideration shall be given to pertinent research findings and recommendations of other agencies or institutions of this state or of the federal government. Each aircraft and ground equipment used in the custom application of pesticides shall have attached thereto a decal or other identifying mark issued by the commissioner.
(Acts 1971, No. 1957, p. 3177, §6.)
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https://law.justia.com/codes/alabama/title-2/chapter-27/article-3/section-2-27-59/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 27 - Pesticides.›Article 3 - Application.›Section 2-27-59 - Rules and Regulations - Disposal and Handling of Pesticides.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 3 - Application. › Section 2-27-59 - Rules and Regulations - Disposal and Handling of Pesticides.
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Section 2-27-59
Rules and regulations - Disposal and handling of pesticides.
No person shall discard, dispose of or otherwise handle any pesticide or pesticide containers in such manner as to cause direct injury or damage to man, animals, wildlife or other property or to pollute any stream, water or waterway in any manner harmful or injurious to any wildlife or other things. The commissioner, with the approval of the board, is authorized to promulgate rules and regulations governing and controlling the discarding and handling of such pesticides and pesticide containers.
(Acts 1971, No. 1957, p. 3177, §7.)
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https://law.justia.com/codes/alabama/title-2/chapter-27/article-3/section-2-27-60/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 27 - Pesticides.›Article 3 - Application.›Section 2-27-60 - Records and Reports.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 3 - Application. › Section 2-27-60 - Records and Reports.
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Section 2-27-60
Records and reports.
The commissioner, with approval of the board, may, by rules and regulations, require any licensee to maintain such records and to furnish reports giving such information with respect to a particular application of pesticides and such other relevant information as may be deemed necessary for the administration and enforcement of this article.
(Acts 1971, No. 1957, p. 3177, §8.)
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https://law.justia.com/codes/alabama/title-2/chapter-27/article-3/section-2-27-61/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 27 - Pesticides.›Article 3 - Application.›Section 2-27-61 - Inspections; Enforcement of Article.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 3 - Application. › Section 2-27-61 - Inspections; Enforcement of Article.
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Section 2-27-61
Inspections; enforcement of article.
(a) For the purpose of carrying out the provisions of this article, the commissioner or his inspectors and agents may enter upon any public or private premises at reasonable times in order to have access for the purpose of inspecting any aircraft or ground equipment used in custom application of pesticides as regulated by this article. Inspectors and authorized agents of the commissioners shall also be authorized and empowered to inspect, examine and review the books and records as may be required to be kept and maintained by a licensee under requirements of Section 2-27-60. Any person who shall refuse, hinder or obstruct any authorized agent of the commissioner by refusing to allow entrance or access to equipment or books and records of a licensee shall be guilty of a misdemeanor and punishable under Section 2-27-62.
(b) When it is determined that legal action is necessary for the enforcement or compliance with the requirements of this article, the commissioner shall refer the facts to the Attorney General for appropriate legal action pursuant to Section 2-27-62.
(Acts 1971, No. 1957, p. 3177, §11.)
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https://law.justia.com/codes/alabama/title-2/chapter-27/article-3/section-2-27-62/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 27 - Pesticides.›Article 3 - Application.›Section 2-27-62 - Penalty for Violations of Article; Injunctions.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 3 - Application. › Section 2-27-62 - Penalty for Violations of Article; Injunctions.
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Section 2-27-62
Penalty for violations of article; injunctions.
(a) General penalty. Any person who shall violate the provisions or requirements of this article, or rules and regulations promulgated under this article, or who engages in the custom application of pesticides without having a license therefor or who shall fail or refuse to perform any duty or requirement imposed by the provisions of this article shall be guilty of a misdemeanor and, upon conviction, shall be fined not less than $25.00 nor more than $500.00 and, within the discretion of the court, may also be imprisoned for a term not to exceed six months.
(b) Remedy by injunction. In addition to the penalty prescribed in subsection (a) of this section and notwithstanding the existence of an adequate legal remedy, the circuit court, or any judge thereof, shall have jurisdiction and for cause shown and upon a hearing to grant a temporary restraining order or a preliminary or permanent injunction, or all, restraining and enjoining any person from performing the custom application of pesticides, as same is defined in this article, without having a valid permit as required by said article or after such a permit has been revoked or violating, or continuing to violate, any of the requirements of this article, or any rule or regulation adopted under authority thereof. Complaints for injunctive relief as authorized under this subsection shall be filed in the circuit court of the county of residence of the person who performs work or services in violation of this article or in the county where such unauthorized work is performed. Any restraining order or injunction issued under this subsection shall be issued without a bond. Any action commenced under this subsection based upon facts furnished by the Commissioner of Agriculture and Industries or others having knowledge thereof may be brought in the name of the State of Alabama; provided, that such action shall be brought upon the relation of the Attorney General and with his approval, and such officer shall, upon his request, be assisted by the district attorney of the judicial circuit or deputy district attorney for the county in which injunctive proceedings are filed.
(Acts 1971, No. 1957, p. 3177, § 13; Act 2001-344, p. 446, § 1.)
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https://law.justia.com/codes/alabama/title-2/chapter-27/article-3/section-2-27-63/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 27 - Pesticides.›Article 3 - Application.›Section 2-27-63 - Article Deemed Cumulative.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 27 - Pesticides. › Article 3 - Application. › Section 2-27-63 - Article Deemed Cumulative.
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Section 2-27-63
Article deemed cumulative.
The provisions of this article are cumulative and shall not repeal any other laws or parts of laws unless such laws or parts of laws are in direct conflict with the provisions of this article, and, then such laws or parts of laws are repealed only to the extent that same conflict with the provisions of this article. The provisions of this article shall not be construed to repeal, amend or modify the provisions or requirements of Chapter 28 of this title, as it is hereby intended that the provisions of this article are cumulative and supplemental to the provisions and requirements of said provisions.
(Acts 1971, No. 1957, p. 3177, §14.)
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https://law.justia.com/codes/alabama/title-2/chapter-28/section-2-28-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 28 - Entomology, Plant Pathology, Horticulture, Floriculture and Tree Surgery.›Section 2-28-1 - Definitions.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 28 - Entomology, Plant Pathology, Horticulture, Floriculture and Tree Surgery. › Section 2-28-1 - Definitions.
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Section 2-28-1
Definitions.
When used in this chapter, the following terms shall have the following meanings, respectively, unless the context clearly indicates otherwise:
(1) ENTOMOLOGICAL WORK. Receiving fees for advice or prescriptions for the control or eradication of any insect pest or rodent or for actual spraying, dusting, fumigating, or any other methods used for the control or eradication of any insect pest or rodent.
(2) PATHOLOGICAL WORK. Receiving fees for advice or prescriptions for the control or eradication of any plant disease, for actual spraying, or any other methods used for the control or eradication of any plant disease.
(3) HORTICULTURAL AND FLORICULTURAL WORK. Receiving fees for landscaping and setting of plants, or for the sale of any plants for which the seller contracts to render future services.
(4) TREE SURGERY WORK. Receiving fees for tree surgery, including but not limited to, cavity filling or repair, bracing, cabling, and wound treatment of shrubs and trees. Tree surgery work shall not include pruning, feeding, budding, or grafting of trees, shrubs, or wounds made and treated during pruning.
(5) STRUCTURAL PEST CONTROL WORK. That branch or type of entomological, pest control, or eradication work which involves the performance of work or giving advice or prescriptions for compensation for the prevention, control, or eradication of insects, vermin, rodents, pest animals, fungi, or other wood destroying organisms in household structures, commercial buildings, or other structures by the use of insecticides, rodenticides, repellants, chemicals, mechanical devices, or structural modifications, as well as a fumigation of products, containers, structures, or transportation vehicles.
(6) BRANCH OFFICE. A place of business at an established location other than the main office having equipment and three or more employees directly engaged in structural pest control work from the place of business, which is a subdivision or branch of the main office, point of headquarters, or principal operation of the firm.
(7) SUBOFFICE. A place at an established location other than the main office or branch office having equipment and less than three employees directly engaged in structural pest control work from the location, which shall not be more than 100 road miles from the branch office or main office of the firm. It is not required that any employee of a suboffice be certified by the commissioner for the structural pest control work performed from the office.
(8) CERTIFIED OPERATOR. A person who has been certified by the commissioner as qualified to supervise the operation of a main office or a branch office.
(9) BRANCH SUPERVISOR. A person who has been certified by the commissioner as qualified to supervise the operation of a branch office only. In no event shall the person be qualified to supervise structural pest control work from a main office.
(10) COMMISSIONER. The Commissioner of Agriculture and Industries.
(11) DEPARTMENT. The Department of Agriculture and Industries.
(12) WEED CONTROL WORK. Receiving fees for advice or prescription for the control or eradication of any weed or for actual spraying or other methods used for the control and eradication of any plant which grows where not wanted.
(13) CERTIFICATION. The recognition by the commissioner that a person is competent and thus authorized to perform and/or supervise professional work or services in the category or categories listed on said certification permit.
(14) CERTIFICATION PERMIT. A document issued by the commissioner attesting that all standards have been met in competency in one or more categories and/or subcategories of professional work or services.
(15) BUSINESS LOCATION. Any location in or from which professional work or services are solicited, accepted, or conducted, and identified as a main office, branch office, or suboffice by permit.
(Acts 1939, No. 548, p. 866; Code 1940, T. 2, §§672, 674; Acts 1943, No. 499, p. 468, §1; Acts 1953, No. 873, p. 1169, §2; Acts 1965, 2nd Ex. Sess., No. 43, p. 58, §1; Acts 1969, No. 796, p. 1429, §2; Acts 1992, No. 92-122, p. 207, §3; Acts 1993, No. 93-761, p. 1519, §1; Acts 1994, No. 94-305, p. 539, §1.)
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https://law.justia.com/codes/alabama/title-2/chapter-28/section-2-28-2/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 28 - Entomology, Plant Pathology, Horticulture, Floriculture and Tree Surgery.›Section 2-28-2 - Persons Engaged in Entomological, Pathological, Horticultural and Floricultural and...
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 28 - Entomology, Plant Pathology, Horticulture, Floriculture and Tree Surgery. › Section 2-28-2 - Persons Engaged in Entomological, Pathological, Horticultural and Floricultural and Tree Surgery Work or Services to Be Examined by Commissioner.
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Section 2-28-2
Persons engaged in entomological, pathological, horticultural and floricultural and tree surgery work or services to be examined by commissioner.
Persons engaging in professional work or services pertaining to entomological work, pathological work, horticultural and floricultural work, and tree surgery work as defined in Section 2-28-1 shall be examined by the commissioner.
(Acts 1939, No. 548, p. 866; Code 1940, T. 2, §671; Acts 1992, No. 92-122, p. 207, §3.)
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https://law.justia.com/codes/alabama/title-2/chapter-28/section-2-28-3/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 28 - Entomology, Plant Pathology, Horticulture, Floriculture and Tree Surgery.›Section 2-28-3 - Promulgation of Rules and Regulations to Regulate Persons Engaged in Work or Servic...
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 28 - Entomology, Plant Pathology, Horticulture, Floriculture and Tree Surgery. › Section 2-28-3 - Promulgation of Rules and Regulations to Regulate Persons Engaged in Work or Services Governed by Chapter, Etc.
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Section 2-28-3
Promulgation of rules and regulations to regulate persons engaged in work or services governed by chapter, etc.
The commissioner with the approval of the State Board of Agriculture and Industries may adopt and promulgate rules and regulations that are reasonable and necessary to carry out the intent and purpose of this chapter and to regulate persons engaged in professional services or work defined in this chapter to prevent fraudulent and unauthorized practices of those professional services or work.
In order to ensure that persons issued a permit or certified under this chapter are capable of performing a high quality of workmanship and continue to meet the requirements of a changing technology and assure a continued level of competence and ability, the commissioner with the approval of the State Board of Agriculture and Industries, is hereby authorized and empowered to make rules and regulations with respect to:
1. The qualifications and residency requirements of an applicant for certification and a permit to engage in any one or more phases of professional work or service.
2. The type, frequency, and passing score of any examination given an applicant for certification and a permit under this chapter.
3. The methods and materials to be used in performing any work authorized by issuance of a permit and certification under this chapter.
4. Records to be made and maintained by persons issued a permit and persons certified under this chapter necessary for the commissioner to determine whether such persons are performing a high quality of workmanship.
5. Methods and procedures necessary and reasonable to protect the interests, health, safety, and welfare of the public and persons engaging in professional work or services where such work or services involve the use of pesticides.
6. The amount, kind, and frequency of training required of any employee of persons issued a permit or certification where such professional work or services involves the application of pesticides.
7. Any other matter deemed necessary to be regulated.
(Acts 1939, No. 548, p. 866; Code 1940, T. 2, §673; Acts 1953, No. 873, p. 1169, §1; Acts 1992, No. 92-122, p. 207, §3; Acts 1993, No. 93-761, p. 1519, §2.)
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https://law.justia.com/codes/alabama/title-2/chapter-28/section-2-28-4/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 28 - Entomology, Plant Pathology, Horticulture, Floriculture and Tree Surgery.›Section 2-28-4 - Permits; Statements as to Training and Experience of Applicants; Examination.
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 28 - Entomology, Plant Pathology, Horticulture, Floriculture and Tree Surgery. › Section 2-28-4 - Permits; Statements as to Training and Experience of Applicants; Examination.
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Section 2-28-4
Permits; statements as to training and experience of applicants; examination.
(a) Permits generally; fees; delinquent penalty; subcategories of structural pest control permits and fees. Before any person engages in professional work or services as defined in this chapter or before any person may solicit professional work or services through advertising or in any other manner, the person shall apply for and obtain from the commissioner an annual permit on forms furnished for this purpose accompanied with the annual permit fee which shall be established by the Board of Agriculture and Industries not to exceed $200. Structural pest control work as defined in subdivision (5) of Section 2-28-1 shall be divided in the following subcategories: (1) Control of wood-destroying organisms by any method other than fumigation, (2) Control of industrial, institutional, and household pests by any method other than fumigation, (3) Fumigation pest control. The annual permit fee for persons engaged in the type of entomological work known as structural pest control work as defined in subdivision (5) of Section 2-28-1 shall be established by the board for each subcategory of work a person is qualified to perform. Any person engaged in structural pest control work who conducts the work from more than one location or place of business that is a branch office as defined in subdivision (6) of Section 2-28-1 shall be required to obtain a branch office permit for each branch office, and the permit fee shall be established by the board for each branch office and for each subcategory of work a person is qualified to perform. If a person conducts structural pest control work from an additional location designated as a suboffice as defined in subdivision (7) of Section 2-28-1, the person shall be required to obtain a suboffice permit for each suboffice, and the permit fee shall be established by the board for each suboffice and for each subcategory of work a person is qualified to perform. All permits shall expire on September 30 and shall be renewed by October 1 upon payment of the annual permit fee prescribed by this subsection and upon compliance with the other requirements of this chapter. If the permit fee is not paid by November 1 or within 31 days from the date on which the fee is due, a delinquent penalty established by the board shall be added to the amount.
(b) Number of permits required. When a person has qualified for a permit to perform more than one type or branch of professional work or services, other than structural pest control work, only one permit shall be required to be obtained by the person, and the permit shall specify each type of professional work or service that the person is authorized to perform. When a person has qualified for a permit to perform more than one type or branch of structural pest control work, the person shall be required to obtain only one permit, that shall specify each type of work that the person is authorized to perform. Any person who performs structural pest control work from a branch office as defined in this section shall also be required to obtain a branch office permit for each branch office. Any person who performs structural pest control work from a suboffice as defined in this section shall also be required to obtain a suboffice permit for each suboffice.
(c) Statements of applicants as to training and experience; testing and examination; issuance of permits; disposition of fees. The commissioner, pursuant to rules and regulations promulgated pursuant to this chapter, may require applicants for a permit to submit statements as to training and experience in professional work or services, and applicants shall be required to pass any test or examination for each type of professional service or work as the commissioner may prescribe. An examination fee established by the board shall accompany each application for each examination taken by the applicant. All permit fees and examination fees collected under this section shall be deposited in the State Treasury to the credit of the Agricultural Fund for the administration and enforcement of this chapter. Before a permit is issued to any applicant, the applicant shall be certified by the commissioner as qualified to perform the type of professional work or services for which a permit is desired. A full-time employee of an applicant who has been certified by the commissioner as qualified to perform the type or branch of professional work or service in which the applicant desires to engage may be designated by the applicant as a supervisor to be in charge of and responsible for the applicant's professional work or services, and the permit may be issued designating the employee as a supervisor.
(Acts 1939, No. 548, p. 866; Code 1940, T. 2, §674; Acts 1943, No. 499, p. 468, §1; Acts 1953, No. 873, p. 1169, §2; Acts 1965, 2nd Ex. Sess., No. 43, p. 58, §1; Acts 1969, No. 796, p. 1429, §2; Acts 1988, No. 88-139, p. 205, §3; Acts 1992, No. 92-122, p. 207, §3; Acts 1993, No. 93-761, p. 1519, §3; Act 2004-516, p. 996, §1.)
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https://law.justia.com/codes/alabama/title-2/chapter-28/section-2-28-5/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 28 - Entomology, Plant Pathology, Horticulture, Floriculture and Tree Surgery.›Section 2-28-5 - Minimum Qualifications for Applicants for Permits to Engage in Structural Pest Cont...
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 28 - Entomology, Plant Pathology, Horticulture, Floriculture and Tree Surgery. › Section 2-28-5 - Minimum Qualifications for Applicants for Permits to Engage in Structural Pest Control Work; Applicants to Present Evidence as to Qualifications to Commissioner; Issuance of Permits.
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Section 2-28-5
Minimum qualifications for applicants for permits to engage in structural pest control work; applicants to present evidence as to qualifications to commissioner; issuance of permits.
(a) Every applicant for examination for a permit to engage in structural pest control work, including those who will be designated as certified operators or branch supervisors as provided for in Section 2-28-8, shall have a knowledge of the practical and scientific facts underlying the practice of structural pest control work and the necessary knowledge and ability to recognize and control those hazardous conditions which may affect human life and health. Applicants for certified operators' or branch supervisors' permits, before being eligible to take an examination for structural pest control work, shall present satisfactory evidence to the commissioner relative to his or her qualifications.
(b) Before a permit is issued to any applicant, the applicant shall be certified by the commissioner as qualified to perform the type or branch of professional work or service for which a permit is desired. Any full-time employee of the applicant who has been certified by the commissioner as qualified to perform the type or branch of professional work or service in which the applicant will engage may be designated by the applicant as a certified operator or branch supervisor to be in charge of and responsible for the applicant's professional work or service, and the permit may be issued naming that employee as certified operator or branch supervisor.
(Acts 1939, No. 548, p. 866; Code 1940, T. 2, §674; Acts 1943, No. 499, p. 468, §1; Acts 1953, No. 873, p. 1169, §2; Acts 1965, 2nd Ex. Sess., No. 43, p. 58, §1; Acts 1969, No. 796, p. 1429, §2; Acts 1992, No. 92-122, p. 207, §3; Acts 1993, No. 93-761, p. 1519, §4.)
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https://law.justia.com/codes/alabama/title-2/chapter-28/section-2-28-6-1/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 28 - Entomology, Plant Pathology, Horticulture, Floriculture and Tree Surgery.›Section 2-28-6.1 - Certification Permit, Continuing Education; Expiration and Renewal; Disposition o...
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2023 Code of Alabama › Title 2 - Agriculture. › Chapter 28 - Entomology, Plant Pathology, Horticulture, Floriculture and Tree Surgery. › Section 2-28-6.1 - Certification Permit, Continuing Education; Expiration and Renewal; Disposition of Fees.
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Section 2-28-6.1
Certification permit, continuing education; expiration and renewal; disposition of fees.
Persons certified by the commissioner shall be issued a certification permit upon which are designated the various categories and/or subcategories of professional work or services such person is authorized to perform or supervise. Persons certified shall be required to maintain this certification through continuing education. The amount, kind, and frequency of continuing education required of a certified person shall be established pursuant to rules and regulations as authorized under this chapter. The fees for renewal of certification permit shall be established by the Board of Agriculture and Industries not to exceed fifty dollars ($50) per category and per subcategory of professional work or services that such persons are certified to perform or supervise. The board shall promulgate rules and regulations which shall establish expiration and renewal schedules for certification permits issued under this chapter. Certification permit fees collected under this section shall be deposited in the State Treasury to the credit of the Agricultural Fund.
(Acts 1993, No. 93-761, p. 1519, §10; Acts 1994, No. 94-305, p. 539, §1; Act 2004-516, p. 996, §1.)
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