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https://law.justia.com/codes/alabama/title-2/chapter-28/section-2-28-7/ | AL | 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 2-28-7 - Denial or Revocation of Permits by Commissioner and Appeals Therefrom. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 28 - Entomology, Plant Pathology, Horticulture, Floriculture and Tree Surgery. › Section 2-28-7 - Denial or Revocation of Permits by Commissioner and Appeals Therefrom. | Section 2-28-7
Denial or revocation of permits by commissioner and appeals therefrom.
Upon determination by the commissioner that any person certified or having a permit issued under the provisions of this chapter or any person who has applied for such certification or a permit has violated or failed to comply with any of the provisions or requirements of this chapter or any rules and regulations promulgated thereunder, the commissioner shall be authorized to revoke such certification or permit, or both, or he shall refuse to issue a certification or a permit, or both, to an applicant therefor. The performance of unauthorized work not covered by a permit, making misrepresentations or any fraudulent practices, failure to perform a contract, failure to have in its employ, when required, a certified operator or branch supervisor or use or continued use of ineffective methods or materials shall also be valid grounds for revocation of a certification or a permit; provided, however, that no certification or permit shall be revoked unless the holder thereof shall be given at least 10 days' notice that such action is to be considered by the commissioner with an opportunity being given for a hearing before the commissioner.
Any applicant refused or denied a certification or permit, or both, or any person whose certification or permit, or both, are revoked shall be entitled to appeal such action of the commissioner to the State Board of Agriculture and Industries by filing with the commissioner within a period of 15 days a written notice or demand for review of the action of the commissioner in denying or revoking a certification or permit, or both. The State Board of Agriculture and Industries shall review the action of the commissioner and make a finding as to whether the certification or permit, or both, shall be issued or revoked. Any person denied or refused a certification or permit or any person whose certification or permit has been revoked by action of the commissioner shall have the right to appear before the board and be heard in support of his appeal. Any person whose certification or permit to perform work or services as regulated under this chapter has been revoked shall not be eligible to have such a certification or permit again issued to him for a period of not less than one year following the date on which such a certification or permit was revoked. Nothing contained in this chapter shall require the commissioner to issue a certification or permit to any person who has been convicted for a violation of this chapter.
(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.) |
https://law.justia.com/codes/alabama/title-2/chapter-28/section-2-28-8/ | AL | 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 2-28-8 - Regulation of Performance of Structural Pest Control Work Generally. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 28 - Entomology, Plant Pathology, Horticulture, Floriculture and Tree Surgery. › Section 2-28-8 - Regulation of Performance of Structural Pest Control Work Generally. | Section 2-28-8
Regulation of performance of structural pest control work generally.
(a) Conduct of business generally; operation and supervision of main offices, branches, and suboffices. Every person who engages in structural pest control work shall conduct the work from an established location or place of business, and the person or another individual as a full-time resident employee of the person who has been certified by the commissioner as being qualified for a permit as a certified operator shall be in charge of and responsible for the person's structural pest control work. The residence of the owner or an employee from which structural pest control work is conducted may be considered an established location. Where a person has more than one separate place of business or location, the person shall obtain a permit for each separate location or place of business, and each separate location from which structural pest control work is conducted, including a branch office but not including a suboffice, shall be under the full-time supervision of an individual who has been certified by the commissioner as qualified to conduct the type of structural pest control work that the person offers to perform. No person having a permit required under this chapter or who has been certified by the commissioner as qualified for a permit shall be assigned or designated to supervise the activities of more than one main or principal office or more than one branch office.
Work performed from a suboffice shall be under supervision of the main or a branch office of the firm which is not more than 100 road miles from the suboffice, and the supervisor at the main or branch office shall be responsible for the work of the suboffice. Every permit holder shall notify the commissioner in writing of any change of address or the opening or closing of an office, branch, or suboffice or change in certified operators or branch supervisors within 10 days after the change has been made.
(b) Additional requirements for structural pest control work. Any person who has been granted a right or a franchise from another person to conduct structural pest control work as a separate company, firm, or corporation shall qualify and comply with all of the requirements of this chapter before the company, firm, or corporation is entitled to a permit under this chapter authorizing it to engage in structural pest control work. Any individual, firm, or corporation who allows others to use its permit, or certification, or both to avoid compliance with this chapter shall be guilty of a violation of this chapter and shall be punished as prescribed and shall be subject to having their permit or certification or both revoked by the commissioner after hearing as provided in the Administrative Hearing Act.
Persons engaged in structural pest control work by the treatment of buildings or structures shall use for the treatment a chemical with a toxic or other effective base or employ other effective methods to be approved by the commissioner under regulations adopted by the State Board of Agriculture and Industries for this purpose. The department through its agents or employees may enter upon any private premises at reasonable times to examine and test any chemicals or other methods used or employed for structural pest control work by any person engaged in that work. The department may, through its agents or employees, examine records of persons engaged in structural pest control work, including, but not limited to, contracts, invoices, guarantees, documents, and other records as are necessary to determine whether the requirements of this chapter are being complied with. Failure or refusal by persons engaged in structural pest control work to allow those agents or employees access to documents and records shall constitute a violation of this chapter and shall also be grounds for revoking its permit or certification or both.
In addition to the requirements of this chapter, each person who has been issued a permit to engage in structural pest control work, including, but not limited to, subterranean termite eradication or control work, shall have his or her unit or equipment marked for easy identification in accordance with rules and regulations authorized pursuant to this chapter.
(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, §6.) |
https://law.justia.com/codes/alabama/title-2/chapter-28/section-2-28-9/ | AL | 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 2-28-9 - Regulation of Performance of Subterranean Termite Eradication and Control Work Gene... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 28 - Entomology, Plant Pathology, Horticulture, Floriculture and Tree Surgery. › Section 2-28-9 - Regulation of Performance of Subterranean Termite Eradication and Control Work Generally. | Section 2-28-9
Regulation of performance of subterranean termite eradication and control work generally.
Persons engaged in subterranean termite eradication and control work shall be required to file a monthly report with the commissioner containing such information relative to work performed as may be required by rules and regulations duly adopted as authorized under provisions of this chapter in order that it may be determined whether persons having been issued a permit are complying with the requirements of this chapter. Every person engaged in subterranean termite eradication and control work shall make an annual inspection of each job done during the term of the contract and shall report to the building owner in each instance as to whether or not there has been a reinfestation of subterranean termites. If a contract for termite eradication work provides for inspections of such work at intervals of less than one year, such inspections shall be made as required by the terms of the contract, and failure or refusal to make such required inspections or any retreatment or other related work as required by a contract shall constitute a valid and sufficient reason for revocation of the permit.
(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 1993, No. 93-761, p. 1519, §7.) |
https://law.justia.com/codes/alabama/title-2/chapter-28/section-2-28-10-1/ | AL | 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 2-28-10.1 - Financial Responsibility. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 28 - Entomology, Plant Pathology, Horticulture, Floriculture and Tree Surgery. › Section 2-28-10.1 - Financial Responsibility. | Section 2-28-10.1
Financial responsibility.
(a) The commissioner with the approval of the State Board of Agriculture and Industries may promulgate rules and regulations which require any applicant for a permit to perform professional work or services to provide evidence of his ability to properly indemnify persons damaged in any manner by the use or application of pesticides. The amount and form of indemnification required shall be determined by rules and regulations promulgated by the commissioner with the approval of the State Board of Agriculture and Industries.
(b) The commissioner with the approval of the State Board of Agriculture and Industries, may promulgate rules and regulations requiring an applicant for a permit to perform professional work or services to furnish and file with the commissioner a surety bond payable to the State of Alabama. The surety bond shall be conditioned that the principal therein named shall honestly and in a skillful and workmanlike manner conduct and practice his said business or profession. The amount of this surety bond shall be determined by rules and regulations adopted and promulgated by the commissioner with the approval of the State Board of Agriculture and Industries.
(c) Any rules and regulations adopted pursuant to this section may provide for conditions, limitations, and requirements concerning financial responsibility required by this section as deemed necessary including, but not limited to, notice of reduction or cancellation of coverage and deductible provisions. Such rules and regulations may classify financial responsibility requirements according to the separate permit classifications and subclassifications. Failure or refusal to meet and maintain financial responsibility requirements as required by this section and rules and regulations shall constitute a valid and sufficient reason for revocation of any permit issued under this chapter.
Pending adoption of rules and regulations, the statutory requirements for bond and insurance shall remain in effect.
(Acts 1993, No. 93-761, p. 1519, §9.) |
https://law.justia.com/codes/alabama/title-2/chapter-28/section-2-28-11/ | AL | 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 2-28-11 - Penalties for Violations of Provisions of Chapter or Rules or Regulations Promulga... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 28 - Entomology, Plant Pathology, Horticulture, Floriculture and Tree Surgery. › Section 2-28-11 - Penalties for Violations of Provisions of Chapter or Rules or Regulations Promulgated Hereunder; Injunctive Proceedings to Restrain Performance, etc., of Professional Work or Services Without Permit. | Section 2-28-11
Penalties for violations of provisions of chapter or rules or regulations promulgated hereunder; injunctive proceedings to restrain performance, etc., of professional work or services without permit.
(a) Penalties. Any person who engages in professional work or services as defined in this chapter or any person who solicits such work through advertising or in any other manner without having a permit as required by said chapter or any person who violates any of the provisions or requirements of this chapter or any rules and regulations adopted and promulgated as authorized under said chapter by failure to comply with any of the requirements or rules and regulations of said chapter 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 period not to exceed six months. Fines paid for such violations shall be deposited in the State Treasury to the credit of the Agricultural Fund.
(b) Injunctive relief. In addition to the penalty provided hereunder, the circuit court or any judge thereof shall have jurisdiction, for cause shown to grant a temporary restraining order or a permanent injunction or both restraining and enjoining any person from performing any professional work or services as defined in this chapter or from soliciting such work without having a valid permit as required by said chapter or after such a permit has been revoked. Petitions 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 chapter or in the county where such unauthorized work is performed. Any temporary restraining order or permanent 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 or deputy district attorney of the judicial circuit in which injunctive proceedings are filed.
(Acts 1939, No. 548, p. 866; Code 1940, T. 2, §676; Acts 1943, No. 499, p. 468, §3; Acts 1953, No. 873, p. 1169, §4; Acts 1965, 2nd Ex. Sess., No. 43, p. 58, §2; Acts 1969, No. 796, p. 1429, §4.) |
https://law.justia.com/codes/alabama/title-2/chapter-28/section-2-28-12/ | AL | 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 2-28-12 - Applicability of Chapter. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 28 - Entomology, Plant Pathology, Horticulture, Floriculture and Tree Surgery. › Section 2-28-12 - Applicability of Chapter. | Section 2-28-12
Applicability of chapter.
The provisions of this chapter shall apply only to persons who solicit work and to persons engaging in a business or profession regulated under the provisions of this chapter, but in no event shall it be construed so as to apply to any person employed by the owners or others in possession of property to work under their supervision as an employee in grafting, spraying, dusting cotton or other similar work.
(Acts 1939, No. 548, p. 866; Code 1940, T. 2, §677; Acts 1969, No. 796, p. 1429, §5.) |
https://law.justia.com/codes/alabama/title-2/chapter-29/section-2-29-1/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 29 - Sale of Farm Produce by Commission Merchants.›Section 2-29-1 - Definitions. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 29 - Sale of Farm Produce by Commission Merchants. › Section 2-29-1 - Definitions. | Section 2-29-1
Definitions.
For the purposes of this chapter, the following terms shall have the meanings respectively ascribed to them by this section:
(1) COMMISSION MERCHANT. Every person who shall receive, sell or offer for sale on commission within this state any kind of farm products.
(2) FARM PRODUCTS. Except as otherwise provided, such term shall include all agricultural, horticultural, vegetable and fruit products of the soil, meats, marine food products, poultry, eggs, dairy products, wool, hides, feathers, nuts and honey, but shall not apply to seeds sold at retail, nor include timber products, tea, coffee or pelts of fur-bearing animals.
(Ag. Code 1927, §§278, 279; Code 1940, T. 2, §§472, 473.) |
https://law.justia.com/codes/alabama/title-2/chapter-29/section-2-29-2/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 29 - Sale of Farm Produce by Commission Merchants.›Section 2-29-2 - Commission Merchant's Permit Required; Application for Permit; Issuance of Permit;... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 29 - Sale of Farm Produce by Commission Merchants. › Section 2-29-2 - Commission Merchant's Permit Required; Application for Permit; Issuance of Permit; Duration; Permit Fee. | Section 2-29-2
Commission merchant's permit required; application for permit; issuance of permit; duration; permit fee.
No person shall within this state engage in the commission business as a commission merchant without a permit therefor. Every commission merchant shall annually, on or before October 1, file an application with the commissioner for a permit to do a commission business in farm products. Such application shall state the kind or kinds of farm products which the applicant proposes to handle, the full name of the person, firm, exchange, association or corporation, the full name of each member of the firm or the names of all the officers of the exchange, association or corporation and the city, town or village and street number where the particular business is to be conducted. Unless the commissioner refuses the application on one or more of the grounds provided in Section 2-29-5, he shall issue to such applicant, upon the payment of proper fees and the execution and delivery of a bond as provided in Section 2-29-4, a permit entitling the applicant to conduct a commission business at the place named in the application until October 1 next following. The fee for every such permit shall be $10.00.
(Ag. Code 1927, §280; Code 1940, T. 2, §474.) |
https://law.justia.com/codes/alabama/title-2/chapter-29/section-2-29-3/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 29 - Sale of Farm Produce by Commission Merchants.›Section 2-29-3 - Expiration Date of Permits. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 29 - Sale of Farm Produce by Commission Merchants. › Section 2-29-3 - Expiration Date of Permits. | Section 2-29-3
Expiration date of permits.
Every permit issued under the provisions of this chapter shall be deemed to have expired by limitation at midnight of the last day of the period for which such permit was granted in the first instance.
(Ag. Code 1927, §284; Code 1940, T. 2, §478.) |
https://law.justia.com/codes/alabama/title-2/chapter-29/section-2-29-4/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 29 - Sale of Farm Produce by Commission Merchants.›Section 2-29-4 - Bonds of Commission Merchants; Institution of Civil Actions Upon Bonds. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 29 - Sale of Farm Produce by Commission Merchants. › Section 2-29-4 - Bonds of Commission Merchants; Institution of Civil Actions Upon Bonds. | Section 2-29-4
Bonds of commission merchants; institution of civil actions upon bonds.
Before any permit shall be issued, the applicant therefor shall make and execute to the State of Alabama a surety bond in the penal sum of $1,000.00, said bond to be filed in the office of the commissioner. Said bond is intended and shall be so conditioned as to secure the faithful account for and payment to the consignor of the proceeds of all farm products handled or sold by such commission merchants. Every such bond shall cover every transaction (within its scope) occurring at any time after its filing and until 60 days after any new bond shall be filed. If at any time the commissioner is of the opinion that the responsibility of any surety or sureties on any existing bond is or is in danger of becoming impaired for any reason, he shall require the giving of a new bond with good and sufficient surety or sureties. Subject to the foregoing provision, upon issue of a new permit to a commission merchant theretofore licensed, no new bond shall be required, but the old bond theretofore given shall continue in force, unless the sureties on such old bond notify the commissioner in writing before October 1 in any year of dissent from such continuance. In the latter event, a new bond shall be required. Civil actions upon the appropriate bond or bonds may be brought (but only within one year after accrual) directly by the consignor, his representatives or assigns in any court of competent jurisdiction to recover for any loss or damage resulting from any breach or breaches of conditions of such bond or bonds.
(Ag. Code 1927, §281; Code 1940, T. 2, §475.) |
https://law.justia.com/codes/alabama/title-2/chapter-29/section-2-29-5/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 29 - Sale of Farm Produce by Commission Merchants.›Section 2-29-5 - Authorization and Grounds for Denial or Revocation of Permits by Commissioner. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 29 - Sale of Farm Produce by Commission Merchants. › Section 2-29-5 - Authorization and Grounds for Denial or Revocation of Permits by Commissioner. | Section 2-29-5
Authorization and grounds for denial or revocation of permits by commissioner.
The commissioner may refuse to grant or may revoke any permit, as the case may be, upon any one or more of the following grounds:
(1) That a final judgment for the recovery of money has been entered against the applicant or permittee because of any failure to account for or pay over the proceeds of any farm products consigned to such applicant or permittee, which judgment stands unsatisfied after return of execution;
(2) That fraudulent or fictitious charges have been made by the applicant or permittee for the handling, sale or storage of or for any service in connection with the handling, sale or storage of any farm products consigned to the applicant or permittee for sale;
(3) That the applicant or permittee has willfully failed or refused to render an account of sale or to make settlement thereon within the time or in the manner by this chapter required;
(4) That the applicant or permittee, with intent to defraud, has made any material false statement as to the condition, grade, quality or quantity of farm products received for sale on commission;
(5) That the applicant or permittee, with intent to defraud, has made to any consignor any false statement as to the condition of the market for any farm products;
(6) That the permittee was guilty of fraud in the procurement of a permit; or
(7) That the permittee has failed or refused to make a new bond required by the commissioner under the provisions of this chapter.
(Ag. Code 1927, §283; Code 1940, T. 2, §477.) |
https://law.justia.com/codes/alabama/title-2/chapter-29/section-2-29-6/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 29 - Sale of Farm Produce by Commission Merchants.›Section 2-29-6 - Proceedings for Review of Denial or Revocation of Permit by Commissioner. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 29 - Sale of Farm Produce by Commission Merchants. › Section 2-29-6 - Proceedings for Review of Denial or Revocation of Permit by Commissioner. | Section 2-29-6
Proceedings for review of denial or revocation of permit by commissioner.
Any act of the commissioner in refusing to grant or in revoking any permit may be reviewed by the circuit court of the county in which the business affected is or is proposed to be located, upon filing of a complaint in such court, within 10 days after notice to the applicant or permittee of the commissioner's decision. Such complaint shall be entitled in the name of the applicant or permittee as plaintiff against the commissioner as defendant. Such complaint shall set forth the action of the commissioner complained of and request its reversal. It shall be the duty of the commissioner to serve an answer to such complaint within 30 days after being notified by the plaintiff of its filing. The action shall be heard de novo by the court. The judge of the circuit court shall determine from the evidence whether the refusal or revocation of the permit is or is not justified under this chapter and enter his decision accordingly, and such decision, subject to the right of appeal which shall lie as in other civil actions, shall be binding upon the parties. Pending final determination, any permit revoked shall be deemed in full force and effect, unless it sooner ends by expiration of its term.
(Ag. Code 1927, §284; Code 1940, T. 2, §478.) |
https://law.justia.com/codes/alabama/title-2/chapter-29/section-2-29-7/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 29 - Sale of Farm Produce by Commission Merchants.›Section 2-29-7 - Maintenance of Records by Commission Merchants as to Handling, Storage or Sale of F... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 29 - Sale of Farm Produce by Commission Merchants. › Section 2-29-7 - Maintenance of Records by Commission Merchants as to Handling, Storage or Sale of Farm Products. | Section 2-29-7
Maintenance of records by commission merchants as to handling, storage or sale of farm products.
It shall be the duty of every commission merchant upon receipt of any farm products for sale on commission to make and keep a correct record thereof, showing in detail the following with reference to the handling, sale or storage of any such farm products: the name and address of the consignor, the date received, the grade, quantity and condition when received, the amounts sold, the date of each sale, the price for which sold, itemized statement of the expenses connected with or incurred in making sale and to whom sold, including the complete name and address. A copy of such record and account of sale of such farm products, together with remittance in full of the amount realized by such sale, less expenses and commission, shall be mailed to the consignor within 48 hours after the consummation of and in no case shall such remittance be delayed for a longer period than seven days after the date of consummation of the sale of such farm products or any part thereof, unless such longer period shall have previously been agreed upon by contract in writing between the consignor and such commission merchant. It shall also be the duty of every commission merchant to retain a copy of every record of account of sales made as required by this section for a period of one year from the date thereof, which copy shall at all times be available for and open to the inspection of the commissioner. The burden of establishing the accuracy and correctness of any such record or account of sales or copy thereof shall rest upon the commission merchant making such record or account of sales.
(Ag. Code 1927, §282; Code 1940, T. 2, §476.) |
https://law.justia.com/codes/alabama/title-2/chapter-29/section-2-29-8/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 29 - Sale of Farm Produce by Commission Merchants.›Section 2-29-8 - Investigation of Applicants and Complaints Against Commission Merchants by Commissi... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 29 - Sale of Farm Produce by Commission Merchants. › Section 2-29-8 - Investigation of Applicants and Complaints Against Commission Merchants by Commissioner; Conduct of Proceedings as to Revocation of Permits. | Section 2-29-8
Investigation of applicants and complaints against commission merchants by commissioner; conduct of proceedings as to revocation of permits.
The commissioner shall have power:
(1) Before granting a permit to any applicant to investigate the character and standing of such applicant;
(2) Upon the receipt of any verified complaint from any person pecuniarily interested showing or tending reasonably to show any violations of any of the provisions of this chapter, to investigate fully any transaction involving solicitation, receipt, sale or attempted sale of any farm products and, in furtherance of any such investigation, to require the production of and inspect or take copies of that portion of the ledgers, books, accounts, memoranda and any other documents belonging to or under the control of any commission merchant and bearing upon such transaction and, in the course of and in furtherance of such investigation, to require of any commission merchant a sworn statement of all the material facts relating to any such transaction. It shall be the duty of every commission merchant, upon reasonable request of the commissioner, to produce for his inspection memoranda and other documents aforesaid and to make and deliver to the said commissioner upon his request a sworn statement of all the material facts; and
(3) Upon reasonable grounds for believing that any commission merchant has committed some act or is in such a condition as to justify the revocation of his permit under the provisions of this chapter, to cite such commission merchant to appear before the commissioner and show cause why his permit should not be revoked for the reasons specified in such citation. Service of the citation may be personally or by registered or certified mail at least seven days before the hearing, which shall be held in the city or town in which is situated the place of business of the permittee. The commissioner, at such hearing, shall have power to administer oaths to and take the testimony of parties and any witnesses there produced for or against the permittee. Within 10 days after the hearing, the commissioner shall render his decision dismissing the proceedings or revoking the permit. It shall be the duty of the commissioner, immediately on the entry of such decision, to send by registered or certified mail a copy thereof to the permittee at the latter's business address.
(Ag. Code 1927, §285; Code 1940, T. 2, §479.) |
https://law.justia.com/codes/alabama/title-2/chapter-29/section-2-29-9/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 29 - Sale of Farm Produce by Commission Merchants.›Section 2-29-9 - Prohibited Acts. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 29 - Sale of Farm Produce by Commission Merchants. › Section 2-29-9 - Prohibited Acts. | Section 2-29-9
Prohibited acts.
No person shall receive or offer to receive, sell or offer to sell on commission within this state any kind of farm products without a permit, except as permitted by this chapter. No person being a commission merchant in farm products shall knowingly impose any false or fictitious charge for handling or services in connection with farm products or, with intent to defraud, fail to account or make settlement therefor promptly and properly or, with intent to deceive, make any material false statement or statements as to market conditions or enter into any combination to fix the prices of farm products or, with intent to defraud, make any material false statement or report as to the grade, condition, markings, quality or quantity of goods, received or, without a permit, advertise or hold himself out as a commission merchant in farm products or directly or indirectly purchase for his own account goods received for sale on commission without prior written authority from the consignor or fail promptly to notify the consignor of any such purchase on his own account or fail forthwith to enter any such transaction of purchase on the record or account of sales (this clause shall not be construed as prohibiting any commission merchant from taking to account of sales, in order to close his day's business, miscellaneous lots or parcels of farm products remaining unsold, if such commission merchant shall forthwith enter such transaction in his account of sales) or willfully fail or refuse to comply with any provisions of this chapter; and every person violating any of the provisions of this section shall be guilty of a misdemeanor.
(Ag. Code 1927, §286; Code 1940, T. 2, §480.) |
https://law.justia.com/codes/alabama/title-2/chapter-29/section-2-29-10/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 29 - Sale of Farm Produce by Commission Merchants.›Section 2-29-10 - Regulation by Municipalities of Sale, etc., of Farm Products by Farmers or Other P... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 29 - Sale of Farm Produce by Commission Merchants. › Section 2-29-10 - Regulation by Municipalities of Sale, etc., of Farm Products by Farmers or Other Producers Thereof. | Section 2-29-10
Regulation by municipalities of sale, etc., of farm products by farmers or other producers thereof.
It shall be unlawful for any municipality to charge the farmer or others engaged in the production of farm products of whatever nature any license fee for the sale or other disposition of such farm products produced by them at any place, nor shall such municipality prevent the sale of such products by the producer thereof when the said farmer shall have complied with all reasonable regulations for the sale of such products in such municipality.
(Ag. Code 1927, §288; Code 1940, T. 2, §481.) |
https://law.justia.com/codes/alabama/title-2/chapter-29/section-2-29-11/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 29 - Sale of Farm Produce by Commission Merchants.›Section 2-29-11 - Applicability of Provisions of Chapter. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 29 - Sale of Farm Produce by Commission Merchants. › Section 2-29-11 - Applicability of Provisions of Chapter. | Section 2-29-11
Applicability of provisions of chapter.
This chapter shall not apply to the sale of farm products at public auction by an auctioneer acting as the agent of another to whom such farm products shall have been consigned, nor to farm products purchased outright and unconditionally or for cash f.o.b. at point of origin, nor to dealers who buy farm products solely through solicitation by means of circulars or price lists, stating plainly on the face of such literature that they are not commission merchants and do not make a charge against shippers for selling or handling such products and who do not in any fashion solicit farm products on consignment to sell for the account of the shipper.
(Ag. Code 1927, §278; Code 1940, T. 2, §472.) |
https://law.justia.com/codes/alabama/title-2/chapter-30/article-1/section-2-30-1/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 30 - Agricultural Research, Experimental and Extension Work.›Article 1 - Alabama Cooperative Extension System.›Section 2-30-1 - Creation; Operation; Director; 1890 Administrator. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 30 - Agricultural Research, Experimental and Extension Work. › Article 1 - Alabama Cooperative Extension System. › Section 2-30-1 - Creation; Operation; Director; 1890 Administrator. | Section 2-30-1
Creation; operation; director; 1890 administrator.
(a) There shall be a single statewide Alabama Cooperative Extension System operated in connection with Auburn University and A&M University. The system shall be under the administration and supervision of a director, who shall be selected and appointed by the President of Auburn University and the President of Alabama A&M University, with the approval of their respective boards of trustees. The system shall be operated according to the Alabama Cooperative Extension System operational policies and procedures manual which cannot be changed without the consent of both Auburn University and Alabama A&M University. The director shall be an employee of Auburn University and one-half of the salary and benefits paid to the director shall be paid out of any appropriation to the extension system paid to Auburn University and one-half of the salary and benefits paid to the director shall be paid out of any appropriation to the extension system paid to Alabama A&M University.
(b) An 1890 administrator shall be employed by Alabama A&M University and paid from appropriations to the extension system paid to Alabama A&M University. The 1890 administrator shall provide leadership within the system as provided for in the Alabama Cooperative Extension System operational policies and procedures manual. The 1890 administrator shall be selected according to the criteria and procedures stipulated in the Alabama Cooperative Extension System operational policies and procedures manual.
(c) On November 1, 2005, the name of the Alabama Extension Service is changed to the Alabama Cooperative Extension System. All references to the Cooperative Extension Service of Auburn University, Alabama Agricultural Extension Service, or the Alabama Cooperative Extension Service contained in this code are changed to the Alabama Cooperative Extension System. All other laws, rules, regulations, and legal references of any kind to the extension service shall be changed to the Alabama Cooperative Extension System or extension system when this code is next reprinted and, as other laws, rules, regulations, and legal references are appropriate, timely, and economically feasible.
(Code 1940, T. 2, §649, Act 2005-304, 1st Sp. Sess., p. 607, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-30/article-1/section-2-30-2/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 30 - Agricultural Research, Experimental and Extension Work.›Article 1 - Alabama Cooperative Extension System.›Section 2-30-2 - Objects, Purposes and Duties of Extension Service. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 30 - Agricultural Research, Experimental and Extension Work. › Article 1 - Alabama Cooperative Extension System. › Section 2-30-2 - Objects, Purposes and Duties of Extension Service. | Section 2-30-2
Objects, purposes and duties of extension service.
The objects, purposes, and duties of the extension system shall be to aid in diffusing among the people of both urban and rural Alabama useful and practical information on subjects relating to agriculture, forestry and natural resources, family and individual well-being, youth development, community and economic development, urban affairs, and other areas as needed. The extension system shall also aid in securing for expenditure in Alabama the full amounts of federal funds appropriated conditionally to Alabama by the Congress of the United States under an act approved May 8, 1914, and generally known as the Smith-Lever Act, for extension work in agriculture and home economics and other supplementary and related acts for extension work in agriculture and home economics.
(Acts 1935, No. 322, p. 748; Code 1940, T. 2, §650; Act 2005-304, 1st Sp. Sess., p. 607, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-30/article-1/section-2-30-3/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 30 - Agricultural Research, Experimental and Extension Work.›Article 1 - Alabama Cooperative Extension System.›Section 2-30-3 - Appointment, Discharge, and Compensation of Employees. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 30 - Agricultural Research, Experimental and Extension Work. › Article 1 - Alabama Cooperative Extension System. › Section 2-30-3 - Appointment, Discharge, and Compensation of Employees. | Section 2-30-3
Appointment, discharge, and compensation of employees.
The director, consistent with the respective policies and procedures for the appropriate university, may from time to time appoint, discharge, and fix the compensation of all necessary assistants and employees. The assistants and employees, insofar as their salaries or any part thereof is paid by the State of Alabama, shall be paid out of any appropriations to the extension system.
(Code 1940, T. 2, §651; Act 2005-304, 1st Sp. Sess., p. 607, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-30/article-1/section-2-30-4/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 30 - Agricultural Research, Experimental and Extension Work.›Article 1 - Alabama Cooperative Extension System.›Section 2-30-4 - Appropriations. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 30 - Agricultural Research, Experimental and Extension Work. › Article 1 - Alabama Cooperative Extension System. › Section 2-30-4 - Appropriations. | Section 2-30-4
Appropriations.
Any appropriation made for the annual maintenance and operation of the Alabama Cooperative Extension System shall be paid upon requisition of the appropriate fiscal officer of Alabama A&M University or Auburn University, by warrants drawn by the Comptroller upon the Treasurer.
(Acts 1935, No. 323, p. 750; Code 1940, T. 2, §652; Act 2005-304, 1st Sp. Sess., p. 607, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-30/article-2/section-2-30-20/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 30 - Agricultural Research, Experimental and Extension Work.›Article 2 - Establishment, Maintenance, etc., of Forest Research and Educational Programs.›Section 2-30-20 - Establishment, Maintenance, etc., of Forest Research Program; Establishment of For... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 30 - Agricultural Research, Experimental and Extension Work. › Article 2 - Establishment, Maintenance, etc., of Forest Research and Educational Programs. › Section 2-30-20 - Establishment, Maintenance, etc., of Forest Research Program; Establishment of Forestry and Forest Ranger Courses and Expansion of Facilities for Training in Forestry. | Section 2-30-20
Establishment, maintenance, etc., of forest research program; establishment of forestry and forest ranger courses and expansion of facilities for training in forestry.
(a) The Alabama Agricultural Experiment Station of Auburn University shall establish or expand and maintain a forest research program for the state designed to obtain basic and practical information pertaining to greater growth and better quality of timber and more varied and economical uses of forest products. To accomplish these purposes, investigations shall be conducted at the main station at Auburn and at such points throughout the state as may be deemed necessary to determine sound and progressive forest practices for each principal forest type of the state.
(b) The Auburn University shall establish a four-year course in forestry and a forest ranger course, and it shall expand the present facilities for the training in forestry of all agricultural students.
(Acts 1945, No. 294, p. 488, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-30/article-2/section-2-30-21/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 30 - Agricultural Research, Experimental and Extension Work.›Article 2 - Establishment, Maintenance, etc., of Forest Research and Educational Programs.›Section 2-30-21 - Supervision and Control of Research Work. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 30 - Agricultural Research, Experimental and Extension Work. › Article 2 - Establishment, Maintenance, etc., of Forest Research and Educational Programs. › Section 2-30-21 - Supervision and Control of Research Work. | Section 2-30-21
Supervision and control of research work.
All research work supported by the funds provided in this article shall be done under the supervision and control of the Director of the Alabama Agricultural Experiment Station.
(Acts 1945, No. 294, p. 488, §5.) |
https://law.justia.com/codes/alabama/title-2/chapter-30/article-2/section-2-30-22/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 30 - Agricultural Research, Experimental and Extension Work.›Article 2 - Establishment, Maintenance, etc., of Forest Research and Educational Programs.›Section 2-30-22 - Disposition of Revenues From Sale of Timber or Forest Products, Operations of Expe... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 30 - Agricultural Research, Experimental and Extension Work. › Article 2 - Establishment, Maintenance, etc., of Forest Research and Educational Programs. › Section 2-30-22 - Disposition of Revenues From Sale of Timber or Forest Products, Operations of Experimental Forestry Units, Etc. | Section 2-30-22
Disposition of revenues from sale of timber or forest products, operations of experimental forestry units, etc.
Any revenue derived from the sale of timber or forest products or from other proceeds obtained from the operation of experimental forestry units or from the sale of any equipment shall be used for the lines of work authorized by this article.
(Acts 1945, No. 294, p. 488, §6.) |
https://law.justia.com/codes/alabama/title-2/chapter-30/article-2/section-2-30-23/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 30 - Agricultural Research, Experimental and Extension Work.›Article 2 - Establishment, Maintenance, etc., of Forest Research and Educational Programs.›Section 2-30-23 - Appropriation of Funds by Counties and Municipalities; Receipt of Donations From C... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 30 - Agricultural Research, Experimental and Extension Work. › Article 2 - Establishment, Maintenance, etc., of Forest Research and Educational Programs. › Section 2-30-23 - Appropriation of Funds by Counties and Municipalities; Receipt of Donations From Counties, Municipalities, Individuals, Etc. | Section 2-30-23
Appropriation of funds by counties and municipalities; receipt of donations from counties, municipalities, individuals, etc.
(a) County commissions in the several counties of Alabama and municipalities of said state shall have full power and authority to appropriate funds for any of the purposes of this article.
(b) The Board of Trustees of Auburn University is hereby authorized and empowered to receive such donations as are from counties, municipalities, individuals, firms, organizations, corporations and companies for forwarding the purposes of this article.
(Acts 1945, No. 294, p. 488, §7.) |
https://law.justia.com/codes/alabama/title-2/chapter-30/article-2/section-2-30-24/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 30 - Agricultural Research, Experimental and Extension Work.›Article 2 - Establishment, Maintenance, etc., of Forest Research and Educational Programs.›Section 2-30-24 - Authorization and Procedure for Condemnation of Lands for Experimental Work in For... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 30 - Agricultural Research, Experimental and Extension Work. › Article 2 - Establishment, Maintenance, etc., of Forest Research and Educational Programs. › Section 2-30-24 - Authorization and Procedure for Condemnation of Lands for Experimental Work in Forestry. | Section 2-30-24
Authorization and procedure for condemnation of lands for experimental work in forestry.
In the event any lands are approved by the Director of the Alabama Agricultural Experiment Station of Auburn University as suitable for experimental work in forestry and any county, municipality, person, firm, corporation or Auburn University is willing to pay the purchase price of said property that it may be donated to such public use and the person owning the same is unwilling to convey the same to Auburn University at a reasonable purchase price, the Governor may proceed to have the same condemned for such public use in the name of the State of Alabama as provided in Chapter 1 of Title 18 of this Code; provided, that no condemnation process authorized by this section shall be begun until the county, municipality, person, firm, corporation or Auburn University undertaking to pay the purchase price shall have entered into an agreement prepared by the Attorney General to promptly pay all judgments, costs and expenses of such condemnation proceedings and shall have given bond in some bonding company authorized to do business in the State of Alabama to faithfully and promptly execute the said agreement. The agreement for which provision is made in this section shall be filed with the Governor and the bond required shall be filed with and approved by the Governor.
(Acts 1945, No. 294, p. 488, §8.) |
https://law.justia.com/codes/alabama/title-2/chapter-30/article-3/section-2-30-40/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 30 - Agricultural Research, Experimental and Extension Work.›Article 3 - Agricultural Experiment Station System.›Section 2-30-40 - Creation; Operated in Connection With Auburn University; Director. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 30 - Agricultural Research, Experimental and Extension Work. › Article 3 - Agricultural Experiment Station System. › Section 2-30-40 - Creation; Operated in Connection With Auburn University; Director. | Section 2-30-40
Creation; operated in connection with Auburn University; director.
There shall be an Alabama Agricultural Experiment Station System under the charge of and operated in connection with Auburn University, and under the administration and supervision of a director, who shall be appointed by the president, with the approval of the board of trustees thereof, and shall hold office at their pleasure. The salary of the director shall be fixed by the president, with the approval of the board of trustees, and such part thereof as shall be fixed to be paid by the State of Alabama shall be paid out of any appropriation to the experiment station system as other salaries therefrom are paid.
(Code 1940, T. 2, §642.) |
https://law.justia.com/codes/alabama/title-2/chapter-30/article-3/section-2-30-41/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 30 - Agricultural Research, Experimental and Extension Work.›Article 3 - Agricultural Experiment Station System.›Section 2-30-41 - Objects, Purposes and Duties of Agricultural Experiment Station System. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 30 - Agricultural Research, Experimental and Extension Work. › Article 3 - Agricultural Experiment Station System. › Section 2-30-41 - Objects, Purposes and Duties of Agricultural Experiment Station System. | Section 2-30-41
Objects, purposes and duties of Agricultural Experiment Station System.
(a) The objects, purposes and duties of the Alabama Experiment Station System are:
(1) To conduct researches, experiments and investigations bearing upon and relating to the production, marketing, manufacturing, use and distribution of agricultural crops and products;
(2) To conduct researches, experiments and investigations for the production, marketing and curing of all kinds of livestock and livestock products that may be sold from or consumed on the farms of Alabama;
(3) To conduct researches, experiments and investigations for the production, culture and use of pasture plants and for the establishment, care, use and management of pastures;
(4) To conduct researches, experiments and investigations for the testing of all kinds of hay, feed and forage crops, including those that may be used for lawns and other sod crop purposes;
(5) To conduct researches, experiments and investigations for the testing of varieties of crops, including soil adaptation and improvement;
(6) To conduct researches, experiments and investigations for the testing of various fertilizers and fertilizer materials on the various soils and for various crops;
(7) To conduct researches, experiments and investigations for the production, marketing, storage and curing of fruit, nut and vegetable crops;
(8) To conduct researches, experiments and investigations for the study of plant and animal diseases and insect pests;
(9) To conduct researches and experiments dealing with forest production, management and use;
(10) To conduct researches dealing with soil erosion and problems arising from the waste of land due to soil erosion;
(11) To conduct researches to discover new uses of land;
(12) To make provision for the necessary land, buildings, fencing, livestock and other physical equipment needed for the research work provided for in this section;
(13) To conduct researches in game and fish production; provided, however, that any researches in game and fish production shall be in cooperation with or upon the advice of the director, so that there may be complete coordination between the work of the Alabama Agricultural Experiment Station System and that of the Department of Conservation and Natural Resources;
(14) To conduct researches in other similar important agricultural and economic problems, having for their object the development of a more permanent, more profitable and diversified agriculture, as future changing agricultural conditions may demand it; and
(15) To provide for the printing of the necessary bulletins, circulars, etc., in order that the citizens of Alabama may be acquainted with the results of said researches.
(b) All appropriations for the experiment station system and its work shall be devoted to these purposes.
(Acts 1935, No. 322, p. 748; Code 1940, T. 2, §643.) |
https://law.justia.com/codes/alabama/title-2/chapter-30/article-3/section-2-30-42/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 30 - Agricultural Research, Experimental and Extension Work.›Article 3 - Agricultural Experiment Station System.›Section 2-30-42 - Experimental Fields. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 30 - Agricultural Research, Experimental and Extension Work. › Article 3 - Agricultural Experiment Station System. › Section 2-30-42 - Experimental Fields. | Section 2-30-42
Experimental fields.
Auburn University, through its director of the experiment station system, is authorized and required to conduct research work in different parts of the state on farms which shall be designated as experimental fields. The director may also conduct such experiments and researches in cooperation with the farmers throughout the state as he may deem necessary and feasible.
(Acts 1935, No. 322, p. 748; Acts 1936-37, Ex. Sess., No. 17, p. 11; Code 1940, T. 2, §645.) |
https://law.justia.com/codes/alabama/title-2/chapter-30/article-3/section-2-30-43/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 30 - Agricultural Research, Experimental and Extension Work.›Article 3 - Agricultural Experiment Station System.›Section 2-30-43 - Researches and Experiments Under Supervision of Director; Annual Report. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 30 - Agricultural Research, Experimental and Extension Work. › Article 3 - Agricultural Experiment Station System. › Section 2-30-43 - Researches and Experiments Under Supervision of Director; Annual Report. | Section 2-30-43
Researches and experiments under supervision of director; annual report.
All research work and experiments contemplated by the spirit and purpose of this chapter shall be carried out under the supervision of the director of the Alabama Experiment Station System of Auburn University, who shall make a report to the President of Auburn University at the end of each fiscal year.
(Acts 1935, No. 322, p. 748; Code 1940, T. 2, §646.) |
https://law.justia.com/codes/alabama/title-2/chapter-30/article-3/section-2-30-44/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 30 - Agricultural Research, Experimental and Extension Work.›Article 3 - Agricultural Experiment Station System.›Section 2-30-44 - Appointment, Discharge and Compensation of Employees. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 30 - Agricultural Research, Experimental and Extension Work. › Article 3 - Agricultural Experiment Station System. › Section 2-30-44 - Appointment, Discharge and Compensation of Employees. | Section 2-30-44
Appointment, discharge and compensation of employees.
The director, subject to the approval of the President and Board of Trustees of Auburn University, shall have authority from time to time to appoint, discharge and fix the compensation of all necessary assistants and employees.
(Code 1940, T. 2, §647.) |
https://law.justia.com/codes/alabama/title-2/chapter-30/article-4/section-2-30-60/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 30 - Agricultural Research, Experimental and Extension Work.›Article 4 - Central Artificial Insemination Unit.›Section 2-30-60 - Created; Objects and Purposes. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 30 - Agricultural Research, Experimental and Extension Work. › Article 4 - Central Artificial Insemination Unit. › Section 2-30-60 - Created; Objects and Purposes. | Section 2-30-60
Created; objects and purposes.
There is hereby created a central artificial insemination unit to be located at the Alabama Agricultural Experiment Station, Auburn, Alabama.
The objects and purposes of said central artificial insemination unit shall be to increase the milk and butterfat producing capabilities of Alabama dairy cows by means of artificial breeding, to develop improved methods of handling semen and delivering same to cooperating groups of Alabama dairy farmers, to study improvement in Alabama dairy cows resulting from artificial insemination and to print and disseminate the results of such studies and to train technicians to be competent to breed animals artificially.
(Acts 1945, No. 168, p. 284, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-30/article-4/section-2-30-61/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 30 - Agricultural Research, Experimental and Extension Work.›Article 4 - Central Artificial Insemination Unit.›Section 2-30-61 - Disposition of Revenues Derived From Sale, etc., of Semen, Bulls, Etc. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 30 - Agricultural Research, Experimental and Extension Work. › Article 4 - Central Artificial Insemination Unit. › Section 2-30-61 - Disposition of Revenues Derived From Sale, etc., of Semen, Bulls, Etc. | Section 2-30-61
Disposition of revenues derived from sale, etc., of semen, bulls, etc.
Any revenue derived from supplying semen to cooperating associations or from the sale of semen to other dairymen or the sale of bulls or equipment shall be applied to any of the lines of work authorized by this article.
(Acts 1945, No. 168, p. 284, §4.) |
https://law.justia.com/codes/alabama/title-2/chapter-30/article-4/section-2-30-62/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 30 - Agricultural Research, Experimental and Extension Work.›Article 4 - Central Artificial Insemination Unit.›Section 2-30-62 - Supervision of Work Under Chapter. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 30 - Agricultural Research, Experimental and Extension Work. › Article 4 - Central Artificial Insemination Unit. › Section 2-30-62 - Supervision of Work Under Chapter. | Section 2-30-62
Supervision of work under chapter.
The production of semen and other lines of work as proposed by the spirit and purpose of this chapter shall be carried out under the supervision of the Director of the Agricultural Experiment Station of Auburn University.
(Acts 1945, No. 168, p. 284, §5.) |
https://law.justia.com/codes/alabama/title-2/chapter-31/section-2-31-1/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 31 - Grain Dealers.›Section 2-31-1 - Definitions. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 31 - Grain Dealers. › Section 2-31-1 - Definitions. | Section 2-31-1
Definitions.
When used in this article, unless the context otherwise requires, the following terms shall have the following meanings:
(1) PRODUCER. The owner, tenant, or operator of land in this state who has interest in and who receives all or any part of the proceeds from the sale of the grain produced thereon.
(2) PERSON. Any person, firm, association, corporation or partnership.
(3) GRAIN. Corn, wheat, oats, rye, soybeans, barley, grain sorghums, or other commodities commonly referred to as grain.
(4) GRAIN DEALER. Any person owning, controlling or operating a grain elevator, mill, warehouse or other similar structure or a truck or tractor trailer unit, or both, and engaged in the business of buying or receiving grain from producers for resale, for storage, or for milling or processing or any person commonly referred to as a "grain broker" engaged in the business of buying grain for resale or for milling or processing or soliciting the sale, purchase, exchange or transfer of any grain purchased from the producer thereof, who does not own, control or operate a grain elevator, mill, warehouse or other similar structure or truck or tractor trailer unit used in connection with his grain business. A farmer of grain buying grain for his own use as seed or feed or dealers or processors of seed shall not be considered as being engaged in the business of buying grain for resale or for milling or processing.
(5) COMMISSIONER. The Commissioner of Agriculture and Industries of the State of Alabama.
(6) SEPARATE LOCATION. A storage facility separate and apart from other storage facilities owned or controlled by a grain dealer. The storage facility shall be deemed a separate location when the facility is operated or controlled from offices or headquarters different from other storage facilities, even though the grain dealer owns or controls all of the offices or facilities.
(Acts 1981, No. 81-391, p. 611, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-31/section-2-31-2/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 31 - Grain Dealers.›Section 2-31-2 - Applicability of This Article. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 31 - Grain Dealers. › Section 2-31-2 - Applicability of This Article. | Section 2-31-2
Applicability of this article.
The provisions of this article shall not apply to persons who buy for cash; that is, those who pay producers at the time of purchase in United States currency or check or their equivalent. Nor shall it apply to public warehouses required to be licensed and bonded under Sections 8-15-1 and 8-15-7.
(Acts 1981, No. 81-391, p. 611, §2.) |
https://law.justia.com/codes/alabama/title-2/chapter-31/section-2-31-3/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 31 - Grain Dealers.›Section 2-31-3 - License Required; Renewal; Fees. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 31 - Grain Dealers. › Section 2-31-3 - License Required; Renewal; Fees. | Section 2-31-3
License required; renewal; fees.
No person may engage in business as a grain dealer in the State of Alabama without a license therefor issued by the commissioner. Application for a license to engage in business as a grain dealer shall be filed with the commissioner and shall be on a form prescribed and furnished by the commissioner. The application shall set forth the name of the applicant, the principal officers, if the applicant is a corporation or the active members of a partnership, the location of the principal office or place of business of the applicant, the location or locations in this state at which the applicant proposes to engage in business as a grain dealer, the kind of grain which the applicant proposes to handle, the type of business which the applicant proposes to conduct, and additional information as the commissioner by regulation may require.
The application for an initial license may be filed at any time prior to beginning business as a grain dealer. The license shall be renewed annually on or before October 1.
The application for a license to operate as a grain dealer as defined in this article, or a renewal thereof, shall be accompanied by a filing fee determined by the amount of grain storage capacity. The filing fee shall be established by the Board of Agriculture and Industries.
A person with no storage capacity is required to pay a $25.00 filing fee. All license fees collected hereunder shall be deposited into the State Treasury to the credit of the Agricultural Fund.
(Acts 1981, No. 81-391, p. 611, §3; Act 2004-516, p. 996, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-31/section-2-31-4/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 31 - Grain Dealers.›Section 2-31-4 - Surety Bond; Requirements; Waiver of Bond Requirements. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 31 - Grain Dealers. › Section 2-31-4 - Surety Bond; Requirements; Waiver of Bond Requirements. | Section 2-31-4
Surety bond; requirements; waiver of bond requirements.
Every person licensed as a grain dealer shall have filed with the department a surety bond for each separate location signed by the dealer as principal and by a responsible company authorized to execute surety bonds within the State of Alabama. Such bond shall be in the principal amount to the nearest $1,000.00 equal to ten percent of the aggregate dollar amount paid by the dealer to producers for grain purchased from them during the 12 month period ending no more than 30 days prior to the time the dealer files to be licensed under this article. Persons who have been in the business of a grain dealer for less than one year are required to only meet minimum bond requirements their first year. Provided, that in any case the amount of the bond shall not be less than $25,000.00 or more than $100,000.00 for each separate location. Provided further, these bond requirements will be waived upon proof to the commissioner that such person is licensed under the United States Department of Agriculture Warehouse Act.
(Acts 1981, No. 81-391, p. 611, §4; Acts 1983, No. 83-566, p. 868, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-31/section-2-31-5/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 31 - Grain Dealers.›Section 2-31-5 - Bond Payable to State With Commissioner as Trustee; Beneficiary of Bond; Cancellati... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 31 - Grain Dealers. › Section 2-31-5 - Bond Payable to State With Commissioner as Trustee; Beneficiary of Bond; Cancellation; Trust Fund Agreement in Lieu of Bond Requirements. | Section 2-31-5
Bond payable to state with commissioner as trustee; beneficiary of bond; cancellation; trust fund agreement in lieu of bond requirements.
Such bond shall be made payable to the State of Alabama as obligee, with the commissioner as trustee, and shall be conditioned on the grain dealer and his compliance with this article, and shall be for the use and benefit of the producer from whom the grain dealer may purchase grain and who is not paid by such grain dealer, and shall not be cancelled during the period for which the license is issued, except upon at least 60 days notice in writing to the commissioner. In no such event shall the total aggregate liability of surety exceed the face amount of its bond.
In lieu of the above bond requirements a grain dealer may file and maintain a bond equivalent in the form of a trust fund agreement based upon cash, or fully negotiable bonds of the United States government or of the State of Alabama. All other provisions of the above bond requirements shall be applicable to trust fund agreements.
(Acts 1981, No. 81-391, p. 611, §5.) |
https://law.justia.com/codes/alabama/title-2/chapter-31/section-2-31-6/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 31 - Grain Dealers.›Section 2-31-6 - Fire and Extended Coverage Insurance Required; Certificate Filed With Commissioner;... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 31 - Grain Dealers. › Section 2-31-6 - Fire and Extended Coverage Insurance Required; Certificate Filed With Commissioner; Cancellation. | Section 2-31-6
Fire and extended coverage insurance required; certificate filed with commissioner; cancellation.
Before a license shall be issued to the applicant, he shall file with the commissioner a certificate which shall indicate that he has a fire and extended coverage insurance policy in effect and in amount that shall cover the grain of all depositors while in his custody for the full insurance values against loss or damage by fire, lightning, tornado, cyclones, explosions, windstorms, and such other perils as may be required by statute or the commissioner.
The name and address of the operator and location of each person in the insurance policy shall correspond with the same in the application.
Every fire and extended coverage insurance policy so filed shall contain a provision that it may not be cancelled by the principal or insurance company, except on 90 days prior notice in writing, by certified mail, to the commissioner mailed on the same day to the principal. The cancellation shall not affect the liability accrued or which may accrue under such insurance policy before the expiration of the 90 days. The notice shall contain the termination date.
The grain dealer shall immediately notify all depositors of grain when there is a notice of cancellation of his fire and extended coverage insurance policy, and further, the commissioner shall be responsible to assure notice of insurance cancellation is given to all depositors of grain within 30 days from date of notice from the principal or insurance company.
(Acts 1981, No. 81-391, p. 611, §6.) |
https://law.justia.com/codes/alabama/title-2/chapter-31/section-2-31-7/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 31 - Grain Dealers.›Section 2-31-7 - Suspension or Revocation of License. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 31 - Grain Dealers. › Section 2-31-7 - Suspension or Revocation of License. | Section 2-31-7
Suspension or revocation of license.
Failure of a grain dealer to file a bond and insurance as hereinafter required to keep such bond and insurance in force shall be grounds for the suspension or revocation of a license issued under this article.
(Acts 1981, No. 81-391, p. 611, §7.) |
https://law.justia.com/codes/alabama/title-2/chapter-31/section-2-31-8/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 31 - Grain Dealers.›Section 2-31-8 - Action by Commissioner Upon Default. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 31 - Grain Dealers. › Section 2-31-8 - Action by Commissioner Upon Default. | Section 2-31-8
Action by commissioner upon default.
When the commissioner has determined that a grain dealer has defaulted in payment for grain which he has purchased, the commissioner shall determine through appropriate procedures the producers and the amount of defaulted payment and as trustee of the bond shall immediately after such determination to those who should receive the benefits. Should the defaulted amount be less than the principal amount of the bond or bonds then the surety shall be obligated to pay only the amount of the default.
(Acts 1981, No. 81-391, p. 611, §8.) |
https://law.justia.com/codes/alabama/title-2/chapter-31/section-2-31-9/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 31 - Grain Dealers.›Section 2-31-9 - Issuance or Renewal of License by Commissioner; Posting of License and Certificate. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 31 - Grain Dealers. › Section 2-31-9 - Issuance or Renewal of License by Commissioner; Posting of License and Certificate. | Section 2-31-9
Issuance or renewal of license by commissioner; posting of license and certificate.
If the commissioner is satisfied that the applicant is of good business reputation and if the bond filed by the applicant is approved the commissioner shall issue a license to the applicant or shall renew the applicant's license.
Each person issued a license by the commissioner under this section shall post such license in the principal office of the grain dealer in this state. A certificate shall be posted in each location where the licensee engages in the business of buying grain in the State of Alabama. Upon request by the licensee and a payment of a $10.00 fee therefor, the commissioner shall issue to the licensee a certificate that a license has been issued or renewed and a bond filed as required by this article.
(Acts 1981, No. 81-391, p. 611, §9.) |
https://law.justia.com/codes/alabama/title-2/chapter-31/section-2-31-10/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 31 - Grain Dealers.›Section 2-31-10 - Inspection; Examination of Books, Records, etc.; Reports to Be Filed by Grain Deal... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 31 - Grain Dealers. › Section 2-31-10 - Inspection; Examination of Books, Records, etc.; Reports to Be Filed by Grain Dealers. | Section 2-31-10
Inspection; examination of books, records, etc.; reports to be filed by grain dealers.
The commissioner, through his employees, may inspect the premises used by any grain dealer in the conduct of his business at any time and the books, accounts, records, and papers of every such grain dealer shall at all times during business hours be subject to inspection by the department. Each grain dealer may also be required to make such reports of his activities, obligations and transactions as deemed necessary by the commissioner as set forth in the rules and regulations.
(Acts 1981, No. 81-391, p. 611, §10.) |
https://law.justia.com/codes/alabama/title-2/chapter-31/section-2-31-11/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 31 - Grain Dealers.›Section 2-31-11 - Refusal, Suspension or Revocation of License - Written Notice. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 31 - Grain Dealers. › Section 2-31-11 - Refusal, Suspension or Revocation of License - Written Notice. | Section 2-31-11
Refusal, suspension or revocation of license - Written notice.
The commissioner may, upon his own motion or upon the verified complaint in writing of any producer setting forth facts which if proved would constitute grounds for refusal, suspension or revocation of a license under this article, investigate the actions of any applicant or any person or persons applying for, holding or claiming to hold a license, and upon 10 days written notice the commissioner may suspend, revoke, or fail to renew the license of the grain dealer. This notice shall specify the exact grounds depended upon by the commissioner for his action.
(Acts 1981, No. 81-391, p. 611, §11.) |
https://law.justia.com/codes/alabama/title-2/chapter-31/section-2-31-12/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 31 - Grain Dealers.›Section 2-31-12 - Refusal, Suspension or Revocation of License - Contesting; Hearing. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 31 - Grain Dealers. › Section 2-31-12 - Refusal, Suspension or Revocation of License - Contesting; Hearing. | Section 2-31-12
Refusal, suspension or revocation of license - Contesting; hearing.
The grain dealer, after being notified of the commissioner's decision to suspend, revoke, refuse to renew or refuse to initially issue a license may request a hearing before the commissioner concerning his action. Said request for hearing must be in writing and if the action taken by the commissioner is revocation, suspension or failure to renew an existing license, said written request for a hearing, submitted by the grain dealer, if received by the commissioner within 10 days after his notification to the grain dealer, the intended action by the commissioner shall be stayed pending the outcome of the hearing. Failure of the grain dealer to submit written request for a hearing within 10 days after receiving notification of the commissioner's action will, in the discretion of the commissioner, be grounds for not staying the action of the commissioner in suspending, revoking or failing to renew the license.
(Acts 1981, No. 81-391, p. 611, §12.) |
https://law.justia.com/codes/alabama/title-2/chapter-31/section-2-31-13/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 31 - Grain Dealers.›Section 2-31-13 - Refusal, Suspension or Revocation of License - Procedure; Hearings. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 31 - Grain Dealers. › Section 2-31-13 - Refusal, Suspension or Revocation of License - Procedure; Hearings. | Section 2-31-13
Refusal, suspension or revocation of license - Procedure; hearings.
The above hearing shall be formal and shall be held no less than 10 days after notice is given to the grain dealer of the hearing nor more than 30 days after the commissioner has received the request for the hearing.
The commissioner or his designated representative shall preside over the hearing and it shall be the burden of the grain dealer to show that the grounds set out in the commissioner's letter of revocation, suspension or failure to renew would not constitute grounds to support the action taken by the commissioner. In this hearing and all other hearings and matters contemplated under the laws which the commissioner is responsible for regulation, he shall act in a quasi-judicial capacity.
Sworn testimony will be heard and any evidence whether hearsay or not, of probative value will be admissible at the hearing.
Any producer, at the discretion of the commissioner demonstrating a pecuniary interest in the outcome of the hearing may be allowed to intervene as a party to the hearing. Any party to the hearing may either represent himself or be represented by counsel. Formal rules of pleading or evidence shall not be required at the hearing but the guidelines set out for an administrative board hearing by the appellant courts of Alabama shall be followed so long as they do not conflict with the provisions of this article or other laws, the responsibility of the commissioner for enforcement or regulation.
(Acts 1981, No. 81-391, p. 611, §13.) |
https://law.justia.com/codes/alabama/title-2/chapter-31/section-2-31-14/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 31 - Grain Dealers.›Section 2-31-14 - Issuance of Subpoenas; Compensation and Allowances of Witnesses; Administration of... | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 31 - Grain Dealers. › Section 2-31-14 - Issuance of Subpoenas; Compensation and Allowances of Witnesses; Administration of Oaths. | Section 2-31-14
Issuance of subpoenas; compensation and allowances of witnesses; administration of oaths.
The commissioner is authorized to issue subpoenas and to bring before the department any person or persons in the state and to take testimony either orally or by deposition or by exhibit with the same fees and mileage and in the same manner as prescribed by law in judicial proceedings and civil cases in the circuit courts of the state. The commissioner is authorized to issue subpoenas duces tecum on any or all records. The commissioner or his designee may administer oaths to witnesses at any hearing which the department is authorized by law to conduct.
(Acts 1981, No. 81-391, p. 611, §14.) |
https://law.justia.com/codes/alabama/title-2/chapter-31/section-2-31-15/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 31 - Grain Dealers.›Section 2-31-15 - Judicial Review of Ruling of Commissioner; Appeal From Circuit Court. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 31 - Grain Dealers. › Section 2-31-15 - Judicial Review of Ruling of Commissioner; Appeal From Circuit Court. | Section 2-31-15
Judicial review of ruling of commissioner; appeal from circuit court.
Within 10 days after the conclusion of the hearing the commissioner shall notify all parties of his ruling. Said notification shall be in writing. Within 30 days after notification any party may appeal the commissioner's ruling to the Circuit Court of Montgomery County. The appeal shall be heard only on the certified record of the hearing and the commissioner's ruling shall be considered prima facie just and correct and shall not be overturned unless the circuit court finds that the commissioner's action was arbitrary and capricious, not supported by the weight of the evidence or that the commissioner erred to the prejudice of the appellant's substantial rights in his application of the law.
Appeals from action by the circuit court shall be directly to the Alabama Court of Civil Appeals and no security for costs shall be required of the commissioner.
(Acts 1981, No. 81-391, p. 611, §15.) |
https://law.justia.com/codes/alabama/title-2/chapter-31/section-2-31-16/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 31 - Grain Dealers.›Section 2-31-16 - Rules and Regulations. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 31 - Grain Dealers. › Section 2-31-16 - Rules and Regulations. | Section 2-31-16
Rules and regulations.
The commissioner, under the provisions and requirements of Section 2-2-16, is authorized to promulgate such rules and regulations as may be necessary to carry out the intent and purpose of this article.
(Acts 1981, No. 81-391, p. 611, §16.) |
https://law.justia.com/codes/alabama/title-2/chapter-31/section-2-31-17/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 31 - Grain Dealers.›Section 2-31-17 - Penalty. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 31 - Grain Dealers. › Section 2-31-17 - Penalty. | Section 2-31-17
Penalty.
Any person who engages in business as a grain dealer without securing a license or who does not have a valid license or is in violation of this article or the rules and regulations promulgated thereunder or who shall impede, obstruct, hinder or otherwise prevent or attempt to prevent the commissioner or his duly authorized agent in performance of his duty in connection with this article or its rules and regulations or any grain dealer who refuses to permit inspection of his premises, books, accounts or records as provided in this article, besides having his license suspended, revoked or refused to be renewed, may also upon conviction thereof, be guilty of a Class B misdemeanor. In case of a continuing violation or violations, each day and each violation constitute a separate and distinct offense.
(Acts 1981, No. 81-391, p. 611, §17.) |
https://law.justia.com/codes/alabama/title-2/chapter-31/section-2-31-18/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 31 - Grain Dealers.›Section 2-31-18 - Duty of District Attorney. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 31 - Grain Dealers. › Section 2-31-18 - Duty of District Attorney. | Section 2-31-18
Duty of district attorney.
It shall be the duty of each district attorney to whom any violation is reported to cause appropriate proceedings to be instituted and prosecuted.
(Acts 1981, No. 81-391, p. 611, §18.) |
https://law.justia.com/codes/alabama/title-2/chapter-31/section-2-31-19/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 31 - Grain Dealers.›Section 2-31-19 - Injunction. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 31 - Grain Dealers. › Section 2-31-19 - Injunction. | Section 2-31-19
Injunction.
The commissioner may apply for and the circuit court shall grant a temporary or permanent injunction restraining any person from violating or continuing to violate any of the provisions of this article or any rules and regulations promulgated under this article notwithstanding the existence of other remedies at law. Any such injunction is to be issued without bond.
(Acts 1981, No. 81-391, p. 611, §19.) |
https://law.justia.com/codes/alabama/title-2/chapter-32/section-2-32-1/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 32 - Promotion of Ratite Industry.›Section 2-32-1 - Definitions. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 32 - Promotion of Ratite Industry. › Section 2-32-1 - Definitions. | Section 2-32-1
Definitions.
As used in this chapter, the following terms shall have the following meanings:
(1) BOARD. The State Board of Agriculture and Industries.
(2) COMMISSIONER. The Commissioner of Agriculture and Industries.
(3) FEED DISTRIBUTOR. Any person residing in Alabama, or any Alabama corporation, or Alabama legal business entity that sells directly to a ratite producer feed of any sort that is intended for ratite consumption regardless of where the feed is manufactured.
(4) RATITE. One of a variety of flightless birds including an ostrich, emu, rhea, cassowary, or kiwi.
(5) RATITE PRODUCER. Any person residing in Alabama, or any Alabama corporation, or Alabama legal business entity that owns or has a financial investment in ratites located in Alabama.
(Acts 1997, No. 97-638, p. 1163, §1.) |
https://law.justia.com/codes/alabama/title-2/chapter-32/section-2-32-2/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 32 - Promotion of Ratite Industry.›Section 2-32-2 - Purpose. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 32 - Promotion of Ratite Industry. › Section 2-32-2 - Purpose. | Section 2-32-2
Purpose.
It is hereby declared to be in the interest of the public welfare that ratite producers are encouraged to act jointly and in cooperation with ratite industry related businesses and with the commissioner and the board in promoting and stimulating through research, education, advertising, and other methods, the increased and efficient production, distribution, use, and sale of ratites and ratite products. It is further the intent and purpose of this chapter to provide a method and procedure for financing a promotional program for the ratite industry pursuant to powers conferred upon the Legislature by Amendment ____ to the Alabama Constitution of 1901.
(Acts 1997, No. 97-638, p. 1163, §2.) |
https://law.justia.com/codes/alabama/title-2/chapter-32/section-2-32-3/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 32 - Promotion of Ratite Industry.›Section 2-32-3 - Association, Meeting or Activity Not Illegal. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 32 - Promotion of Ratite Industry. › Section 2-32-3 - Association, Meeting or Activity Not Illegal. | Section 2-32-3
Association, meeting or activity not illegal.
No association, meeting, or activity undertaken pursuant to the provisions of this chapter and intended to benefit the Alabama ratite industry shall be deemed or considered illegal or in restraint of trade.
(Acts 1997, No. 97-638, p. 1163, §3.) |
https://law.justia.com/codes/alabama/title-2/chapter-32/section-2-32-4/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 32 - Promotion of Ratite Industry.›Section 2-32-4 - Assessment. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 32 - Promotion of Ratite Industry. › Section 2-32-4 - Assessment. | Section 2-32-4
Assessment.
It is hereby further declared to be in the public interest and highly advantageous to the economy of the state that ratite producers be permitted by referendum, as provided in this chapter, to levy upon themselves an assessment and to provide for the collection of the assessment for the financing of a program for research, education, advertising, and other methods designed to increase or promote the efficient and economical production, distribution, and marketing, as well as the increased use, consumption, and sale of ratites and ratite products.
(Acts 1997, No. 97-638, p. 1163, §4.) |
https://law.justia.com/codes/alabama/title-2/chapter-32/section-2-32-5/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 32 - Promotion of Ratite Industry.›Section 2-32-5 - Nonprofit Association. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 32 - Promotion of Ratite Industry. › Section 2-32-5 - Nonprofit Association. | Section 2-32-5
Nonprofit association.
(a) Any Alabama nonprofit association of ratite producers organized for the promotion and betterment of the ratite industry may apply to the board for certification and approval for the purpose of conducting a referendum among ratite producers of the state, on the question of levying an assessment and collecting, expending, and utilizing the assessment for the purpose or purposes authorized under this chapter and as stated in the referendum. Any nonprofit association approved or certified by the board may execute or carry out a promotional program pursuant to this chapter.
(b) Upon any nonprofit association of ratite producers filing an application with the board, the board shall within 30 days thereafter meet and consider the application. If the board is satisfied that the applicant is fairly representative of the ratite producers of the state, and the board finds and determines that the application is in conformity with the provisions and purposes of this chapter, the board shall certify the association as a duly delegated and authorized association and shall certify that the association may conduct among the ratite producers of the state a referendum for the purpose set forth in its application.
(Acts 1997, No. 97-638, p. 1163, §5.) |
https://law.justia.com/codes/alabama/title-2/chapter-32/section-2-32-6/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 32 - Promotion of Ratite Industry.›Section 2-32-6 - Referendum - Generally; Public Announcement; Expenses; Voting. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 32 - Promotion of Ratite Industry. › Section 2-32-6 - Referendum - Generally; Public Announcement; Expenses; Voting. | Section 2-32-6
Referendum - Generally; public announcement; expenses; voting.
(a) Upon certification by the board, an association may hold and conduct on the part of the Alabama ratite producers a referendum on the question of whether to levy upon themselves an assessment. The referendum shall be conducted on a statewide or area basis as determined by the certified association.
(b) The certified association shall, not less than 30 days before the date of any referendum, publicly announce the date, hours, polling places, and rules for voting in the referendum, the geographic areas covered by the referendum, the amount and basis of the assessment proposed to be collected, the means by which the assessment shall be collected, and the general purposes for which the amount collected shall be expended and applied. The notice shall be published by the certified association in its trade publication and written notice shall be given to each county agent in the geographic area covered by the referendum.
(c) Arrangements for, and the management of, any referendum conducted shall be under the direction of the association certified by the board to conduct the referendum, and the association shall furnish all necessary ballots and arrange for the necessary poll holders. All expenses and costs necessary to conduct a referendum shall be borne by the association.
(d) Any referendum conducted shall be held on a statewide or area basis, as determined by the certified association, pursuant to rules and regulations adopted for the holding of a referendum. All ratite producers in the geographic area covered by the referendum, who shall be subject to any assessments levied, shall be entitled to vote in the referendum. In the referendum, individuals eligible to participate shall vote on the question of whether there shall be levied an assessment for a period of five years in an amount set forth in the call for the referendum. The amount of the assessment levied shall be determined by the certified association.
(Acts 1997, No. 97-638, p. 1163, §6.) |
https://law.justia.com/codes/alabama/title-2/chapter-32/section-2-32-7/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 32 - Promotion of Ratite Industry.›Section 2-32-7 - Referendum - Voting; Effects of Vote. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 32 - Promotion of Ratite Industry. › Section 2-32-7 - Referendum - Voting; Effects of Vote. | Section 2-32-7
Referendum - Voting; effects of vote.
(a) If in any referendum, a majority of the ratite producers of the geographic area in which the referendum is conducted and eligible to participate and voting in the referendum, vote in favor of the levying and collection of the assessment proposed in the referendum, then the assessment shall be levied and collected in the manner provided in this chapter. Following the referendum and within 10 days thereafter, the certified association shall canvass, tabulate, and publicly declare and announce the results of the referendum.
(b) In the event any referendum shall fail to receive the required number of affirmative votes, then the certified association conducting the referendum may call another referendum in the next succeeding year on the question of an assessment and promotional program for a five-year period; provided, that no referendum may be held within a period of 12 months from the date on which the last referendum was held.
(c) In the event a referendum is passed and assessments are levied for the period set forth in the call for the referendum, then the association conducting the referendum may call and conduct during or after the last year of the assessment period another referendum in which the ratite producers may vote on the question of whether the assessment shall be continued or renewed for another designated period of time. Any subsequent referendums authorized in this section shall be subject to all of the requirements of an original referendum conducted under the provisions of this chapter.
(Acts 1997, No. 97-638, p. 1163, §7.) |
https://law.justia.com/codes/alabama/title-2/chapter-32/section-2-32-8/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 32 - Promotion of Ratite Industry.›Section 2-32-8 - Referendum - Levying an Assessment. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 32 - Promotion of Ratite Industry. › Section 2-32-8 - Referendum - Levying an Assessment. | Section 2-32-8
Referendum - Levying an assessment.
In the event a referendum levying an assessment is passed, the commissioner shall within 30 days notify in writing feed distributors that on or after the date designated in the notice, which shall be not less than 30 nor more than 60 days after the mailing of the notice by the commissioner, the amount of the assessment shall be deducted from all feed sales. On or before the tenth day of each calendar month, all assessments so deducted by feed distributors shall be remitted to the commissioner, less three percent of the total assessment deducted, which may be retained by the feed distributor to compensate him or her for the expense of collecting and remitting the assessments. The books and records of all feed distributors shall at all times during regular business hours be open for inspection by the commissioner or his or her duly authorized representatives or agents for the purpose of ascertaining the accuracy of the amounts remitted as required by this section. The commissioner may deduct three percent of all sums remitted to him or her under this section, to defray the expenses incident to collection and administration of this chapter. All amounts deducted by the commissioner shall be paid into the State Treasury to the credit of the Agricultural Fund.
(Acts 1997, No. 97-638, p. 1163, §8.) |
https://law.justia.com/codes/alabama/title-2/chapter-32/section-2-32-9/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 32 - Promotion of Ratite Industry.›Section 2-32-9 - Assessment Moneys Collected - Generally. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 32 - Promotion of Ratite Industry. › Section 2-32-9 - Assessment Moneys Collected - Generally. | Section 2-32-9
Assessment moneys collected - Generally.
The commissioner shall remit to the treasurer of the certified association, on a quarterly basis between the first and fifteenth day of January, April, July, and October of each year, all assessment moneys collected by the commissioner, less an amount not to exceed three percent of the total amount collected, which amount shall be deposited in the Agricultural Fund of the State Treasury. The assessment moneys remitted to the treasurer of the certified association shall be used and expended by the association for a promotional program in the manner provided by this chapter and the rules and regulations of the association.
(Acts 1997, No. 97-638, p. 1163, §9.) |
https://law.justia.com/codes/alabama/title-2/chapter-32/section-2-32-10/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 32 - Promotion of Ratite Industry.›Section 2-32-10 - Assessment Moneys Collected - No Refunds. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 32 - Promotion of Ratite Industry. › Section 2-32-10 - Assessment Moneys Collected - No Refunds. | Section 2-32-10
Assessment moneys collected - No refunds.
There shall be no refunds made to either feed distributors or ratite producers of assessments collected by the commissioner.
(Acts 1997, No. 97-638, p. 1163, §10.) |
https://law.justia.com/codes/alabama/title-2/chapter-32/section-2-32-11/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 32 - Promotion of Ratite Industry.›Section 2-32-11 - Duty of Treasurer Before Money Remitted by Commissioner. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 32 - Promotion of Ratite Industry. › Section 2-32-11 - Duty of Treasurer Before Money Remitted by Commissioner. | Section 2-32-11
Duty of treasurer before money remitted by commissioner.
Before any money is remitted by the commissioner to the treasurer of the certified association, the treasurer shall furnish to the commissioner a bond approved by the commissioner in an amount not less than the estimated annual total amount of the assessments handled by the treasurer. The surety on the bond shall be a corporate surety company duly qualified and licensed to do business in the state, and the bond shall be conditioned upon the faithful handling, proper accounting, and properly authorized expenditure of all funds received and disbursed by the principal named in the bond.
(Acts 1997, No. 97-638, p. 1163, §11.) |
https://law.justia.com/codes/alabama/title-2/chapter-32/section-2-32-12/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 32 - Promotion of Ratite Industry.›Section 2-32-12 - Use of Funds From Assessments. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 32 - Promotion of Ratite Industry. › Section 2-32-12 - Use of Funds From Assessments. | Section 2-32-12
Use of funds from assessments.
The funds derived from any assessments levied upon the sale of ratite feed shall be used and expended by the certified association for the purpose of promoting and stimulating advertising, education, research, production, and sales of ratites and the consumption and use of ratite products. Any funds expended by the certified association not authorized for a promotional program previously approved shall be deemed an unauthorized and illegal expenditure of the funds. Any funds approved for expenditure by a certified association for an approved promotional program for the ratite industry are hereby appropriated for disbursement and expenditure by the certified association to carry out any approved promotional program or programs. It shall not be necessary for the Legislature to make any specific or general appropriation for any disbursements or expenditures nor shall any disbursements or expenditures be subject to the budget and allotment requirements of Article 4, Chapter 4, Title 41, and disbursements and expenditures may not be restricted or subject to any other requirements for general or special appropriations.
(Acts 1997, No. 97-638, p. 1163, §12.) |
https://law.justia.com/codes/alabama/title-2/chapter-32/section-2-32-13/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 32 - Promotion of Ratite Industry.›Section 2-32-13 - Certified Association. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 32 - Promotion of Ratite Industry. › Section 2-32-13 - Certified Association. | Section 2-32-13
Certified association.
A certified association may enter into agreements with like associations, commissions, or other agencies of other states for the purpose of conducting a similar ratite industry promotional program jointly with the associations, commissions, or other agencies in other states, and the certified association may contribute a proportionate share of the cost and expenses necessary for the program.
(Acts 1997, No. 97-638, p. 1163, §13.) |
https://law.justia.com/codes/alabama/title-2/chapter-32/section-2-32-14/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 32 - Promotion of Ratite Industry.›Section 2-32-14 - Certified Association Receiving and Disbursing Funds. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 32 - Promotion of Ratite Industry. › Section 2-32-14 - Certified Association Receiving and Disbursing Funds. | Section 2-32-14
Certified association receiving and disbursing funds.
A certified association receiving and disbursing funds shall, within 60 days following the end of each calendar year, or within a period of 60 days following the close of its fiscal year, cause an audit of its books and accounts to be conducted by a certified public accountant, disclosing receipts, disbursements, expenditures, and other pertinent information, and a copy of the auditor's report shall be forwarded to the board for inspection and review. The Department of Examiners of Public Accounts shall audit, review, and investigate the receipts and disbursements of funds in the same manner that those duties are performed for examination and audits of agencies and departments of the state. Any examination or audit required by this section shall be open to public inspection. Within 90 days following the close of a certified association's fiscal year, if it has received any funds from assessments levied and collected pursuant to this chapter, the association shall publish a verified statement in the publications of the certified association showing the amount received and collected and the amounts spent for each project and item.
(Acts 1997, No. 97-638, p. 1163, §14.) |
https://law.justia.com/codes/alabama/title-2/chapter-32/section-2-32-15/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 32 - Promotion of Ratite Industry.›Section 2-32-15 - Adoption of Rules and Regulations. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 32 - Promotion of Ratite Industry. › Section 2-32-15 - Adoption of Rules and Regulations. | Section 2-32-15
Adoption of rules and regulations.
The board may adopt and promulgate rules and regulations to carry out the intent and purposes of this chapter, including rules and regulations governing the holding of a referendum by a certified association, the collection, deposit, handling, withdrawal, and disbursement of assessments collected, and any other reasonable rules and regulations as may be necessary to effectuate the intent and purposes of this chapter.
(Acts 1997, No. 97-638, p. 1163, §15.) |
https://law.justia.com/codes/alabama/title-2/chapter-32/section-2-32-16/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 32 - Promotion of Ratite Industry.›Section 2-32-16 - Enforcement and Collection of Assessments; Revocation of Certification. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 32 - Promotion of Ratite Industry. › Section 2-32-16 - Enforcement and Collection of Assessments; Revocation of Certification. | Section 2-32-16
Enforcement and collection of assessments; revocation of certification.
The commissioner shall, through the Department of Agriculture and Industries, enforce and collect the assessments levied upon feed sold to ratite producers by feed distributors in the state for ratite consumption and shall enforce the rules and regulations of the board. The board may at any time revoke or cancel the certification of an association if the association is not carrying out its promotional program in accordance with the provisions of this chapter and the rules and regulations promulgated thereunder. Before any certification may be revoked, the certified association shall be given notice and an opportunity to be heard by the board upon the question of whether its certification should be revoked.
(Acts 1997, No. 97-638, p. 1163, §16.) |
https://law.justia.com/codes/alabama/title-2/chapter-32/section-2-32-17/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 2 - Agriculture.›Chapter 32 - Promotion of Ratite Industry.›Section 2-32-17 - Penalties. | 2023 Code of Alabama › Title 2 - Agriculture. › Chapter 32 - Promotion of Ratite Industry. › Section 2-32-17 - Penalties. | Section 2-32-17
Penalties.
Any feed distributor who sells feed in the state that is intended for ratite consumption who willfully fails or refuses to deduct and pay to the commissioner any assessment shall be guilty of a misdemeanor and, upon conviction, shall be fined an amount equal to three times the amount of the assessment the feed distributor failed or refused to collect and remit as required under this chapter. The amount of any fine shall be remitted to the commissioner and shall be transferred by the commissioner to the account of the certified association entitled to the assessment.
(Acts 1997, No. 97-638, p. 1163, §17.) |
https://law.justia.com/codes/alabama/title-3/chapter-1/section-3-1-1/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 3 - Animals.›Chapter 1 - General Provisions.›Section 3-1-1 - Keeping of Dog Known to Kill, etc., Stock Prohibited; Liability of Owner for Injurie... | 2023 Code of Alabama › Title 3 - Animals. › Chapter 1 - General Provisions. › Section 3-1-1 - Keeping of Dog Known to Kill, etc., Stock Prohibited; Liability of Owner for Injuries, etc., Caused by Same; Liability for Killing of Same. | Section 3-1-1
Keeping of dog known to kill, etc., stock prohibited; liability of owner for injuries, etc., caused by same; liability for killing of same.
No person shall keep any dog which has been known to kill or worry sheep or other stock without being set upon the same. Any person knowingly keeping such dog is liable for double the value of all stock killed or injured by such dog, such damages to be recovered by the owner of such stock before any court of competent jurisdiction and no action shall be maintained against anyone for killing such dog.
(Code 1867, §1296; Code 1876, §1601; Code 1886, §1379; Code 1896, §421; Code 1907, §2832; Code 1923, §6072; Code 1940, T. 3, §1.) |
https://law.justia.com/codes/alabama/title-3/chapter-1/section-3-1-2/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 3 - Animals.›Chapter 1 - General Provisions.›Section 3-1-2 - Liability of Owner, etc., for Injuries Caused by Rabid Dog. | 2023 Code of Alabama › Title 3 - Animals. › Chapter 1 - General Provisions. › Section 3-1-2 - Liability of Owner, etc., for Injuries Caused by Rabid Dog. | Section 3-1-2
Liability of owner, etc., for injuries caused by rabid dog.
The owner or person in charge of any dog, who knows that such dog has been bitten by a rabid dog or has knowledge of such facts that if followed up would disclose the facts that such dog has been bitten by or exposed to a rabid dog, if such dog becomes a rabid dog and bites any person, stock, hogs or cattle shall be liable to twice the damages sustained by the person injured, including appropriate medical treatment, such damages to be recovered in any court of competent jurisdiction.
(Acts 1915, No. 477, p. 541; Code 1923, §6073; Code 1940, T. 3, §2.) |
https://law.justia.com/codes/alabama/title-3/chapter-1/section-3-1-3/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 3 - Animals.›Chapter 1 - General Provisions.›Section 3-1-3 - Liability of Owner, etc., Permitting Vicious or Dangerous Animal to Be at Liberty, e... | 2023 Code of Alabama › Title 3 - Animals. › Chapter 1 - General Provisions. › Section 3-1-3 - Liability of Owner, etc., Permitting Vicious or Dangerous Animal to Be at Liberty, etc., for Injuries Caused by Same. | Section 3-1-3
Liability of owner, etc., permitting vicious or dangerous animal to be at liberty, etc., for injuries caused by same.
When any person owns or keeps a vicious or dangerous animal of any kind and, as a result of his careless management of the same or his allowing the same to go at liberty, and another person, without fault on his part, is injured thereby, such owner or keeper shall be liable in damages for such injury.
(Code 1907, §2470; Code 1923, §5678; Code 1940, T. 3, §3.) |
https://law.justia.com/codes/alabama/title-3/chapter-1/section-3-1-4/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 3 - Animals.›Chapter 1 - General Provisions.›Section 3-1-4 - Permitting Dog or Hog Known to Kill, etc., Sheep, Domestic Fowl, etc., to Run at Lar... | 2023 Code of Alabama › Title 3 - Animals. › Chapter 1 - General Provisions. › Section 3-1-4 - Permitting Dog or Hog Known to Kill, etc., Sheep, Domestic Fowl, etc., to Run at Large. | Section 3-1-4
Permitting dog or hog known to kill, etc., sheep, domestic fowl, etc., to run at large.
Any person, who, owning or having in his possession or under his control any dog or hog known to worry or kill sheep, domestic fowls or goats suffers such dog or hog to run at large must, on conviction, be fined not less than $5.00 nor more than $50.00.
(Code 1876, §4405; Code 1886, §4171; Code 1896, §5591; Code 1907, §6236; Code 1923, §3219; Code 1940, T. 3, §4.) |
https://law.justia.com/codes/alabama/title-3/chapter-1/section-3-1-5/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 3 - Animals.›Chapter 1 - General Provisions.›Section 3-1-5 - Permitting Dogs to Run at Large; Applicability of Provisions of Section in Counties... | 2023 Code of Alabama › Title 3 - Animals. › Chapter 1 - General Provisions. › Section 3-1-5 - Permitting Dogs to Run at Large; Applicability of Provisions of Section in Counties and Certain Cities or Towns. | Section 3-1-5
Permitting dogs to run at large; applicability of provisions of section in counties and certain cities or towns.
(a) Every person owning or having in charge any dog or dogs shall at all times confine such dog or dogs to the limits of his own premises or the premises on which such dog or dogs is or are regularly kept. Nothing in this section shall prevent the owner of any dog or dogs or other person or persons having such dog or dogs in his or their charge from allowing such dog or dogs to accompany such owner or other person or persons elsewhere than on the premises on which such dog or dogs is or are regularly kept. Any person violating this section shall be guilty of a misdemeanor and shall be fined not less than $2.00 nor more than $50.00.
(b) This section shall not apply to the running at large of any dog or dogs within the corporate limits of any city or town in this state that requires a license tag to be kept on dogs nor shall this section apply in any county in this state until the same has been adopted by the county commission of such county.
(Acts 1915, No. 185, p. 259; Code 1923, §3221; Code 1940, T. 3, §5.) |
https://law.justia.com/codes/alabama/title-3/chapter-1/section-3-1-5-1/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 3 - Animals.›Chapter 1 - General Provisions.›Section 3-1-5.1 - Agricultural Work Dogs and Hunting Dogs Exempt From Leash or Restraint Laws When H... | 2023 Code of Alabama › Title 3 - Animals. › Chapter 1 - General Provisions. › Section 3-1-5.1 - Agricultural Work Dogs and Hunting Dogs Exempt From Leash or Restraint Laws When Hunting Wild Game. | Section 3-1-5.1
Agricultural work dogs and hunting dogs exempt from leash or restraint laws when hunting wild game.
(a) For the purposes of this section, the following terms shall have the following meanings:
(1) AGRICULTURAL WORK DOG. Any dog that is trained to herd or protect livestock or to otherwise assist in agricultural work and is actually or has been used for such purposes.
(2) HUNTING DOG. Any dog trained to hunt wild game with a handler.
(b) A local law requiring a dog to be kept on a leash or otherwise restrained does not apply to an agricultural work dog at any time while the dog is engaged in agricultural work or a hunting dog at any time while the dog is engaged in hunting wild game.
(Act 2019-486, §1.) |
https://law.justia.com/codes/alabama/title-3/chapter-1/section-3-1-6/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 3 - Animals.›Chapter 1 - General Provisions.›Section 3-1-6 - Liability of Owner, etc., for Injuries to Livestock, etc., Caused by Dog While Off P... | 2023 Code of Alabama › Title 3 - Animals. › Chapter 1 - General Provisions. › Section 3-1-6 - Liability of Owner, etc., for Injuries to Livestock, etc., Caused by Dog While Off Premises of Owner, Etc. | Section 3-1-6
Liability of owner, etc., for injuries to livestock, etc., caused by dog while off premises of owner, etc.
If any dog, not being at the time on the premises of the owner or person having charge thereof, shall kill or injure any livestock, the owner or person having such dog in charge shall be liable for damages sustained by the killing or maiming of any livestock and for the full costs of the action.
(Code 1907, §2471; Code 1923, §5679; Code 1940, T. 3, §6.) |
https://law.justia.com/codes/alabama/title-3/chapter-1/section-3-1-7/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 3 - Animals.›Chapter 1 - General Provisions.›Section 3-1-7 - Refusal to Permit Dog Guide to Accompany Blind Person Into Place of Public Accommoda... | 2023 Code of Alabama › Title 3 - Animals. › Chapter 1 - General Provisions. › Section 3-1-7 - Refusal to Permit Dog Guide to Accompany Blind Person Into Place of Public Accommodation, Etc. | Section 3-1-7
Refusal to permit dog guide to accompany blind person into place of public accommodation, etc.
No owner, lessee, proprietor, manager, superintendent, agent, or employee of any place of public accommodation, amusement or recreation, including, but not limited to, any inn, hotel, restaurant, eating establishment, barbershop, billiard parlor, store, public conveyance, theater, motion-picture house, public educational institution, or elevator shall refuse to permit a guide dog to accompany a blind person entering the place or making use of the accommodations available when the blind person is being led by the guide dog; if the guide dog is wearing a harness; and the blind person presents for inspection credentials issued by an accredited school for training guide dogs or the dog is being trained by a person employed by an accredited school for training guide dogs. Any person who violates this section shall be guilty of a misdemeanor and, upon conviction shall be fined an amount not to exceed fifty dollars ($50).
(Acts 1967, No. 518, p. 1242; Act 99-698, 2nd. Sp. Sess., p. 207, §1.) |
https://law.justia.com/codes/alabama/title-3/chapter-1/section-3-1-8/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 3 - Animals.›Chapter 1 - General Provisions.›Section 3-1-8 - Destruction of Certain Abandoned Animals by Members, etc., of Societies for Preventi... | 2023 Code of Alabama › Title 3 - Animals. › Chapter 1 - General Provisions. › Section 3-1-8 - Destruction of Certain Abandoned Animals by Members, etc., of Societies for Prevention of Cruelty to Animals. | Section 3-1-8
Destruction of certain abandoned animals by members, etc., of societies for prevention of cruelty to animals.
Any agent, officer or member of a duly incorporated society for the prevention of cruelty to animals may lawfully destroy or cause to be destroyed any animal found abandoned and not properly cared for which may appear, in the judgment of two reputable citizens called by him to view the same in his presence, to be superannuated, infirm, glandered, injured or diseased past recovery for any useful purpose.
(Code 1896, §422; Code 1907, §2833; Code 1923, §6074; Code 1940, T. 3, §7.) |
https://law.justia.com/codes/alabama/title-3/chapter-1/section-3-1-10/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 3 - Animals.›Chapter 1 - General Provisions.›Section 3-1-10 - Wanton, Malicious, etc., Destruction, Injury, etc., of Animal or Article or Commodi... | 2023 Code of Alabama › Title 3 - Animals. › Chapter 1 - General Provisions. › Section 3-1-10 - Wanton, Malicious, etc., Destruction, Injury, etc., of Animal or Article or Commodity of Value of Another - Prohibited. | Section 3-1-10
Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another - Prohibited.
Any person, who unlawfully, wantonly or maliciously kills, disables, disfigures, destroys or injures any animal or article or commodity of value which is the property of another must, on conviction, be fined not less than twice the value of the injury or damage to the owner of the property nor more than $1,000.00 and may also be imprisoned in the county jail, or sentenced to hard labor for the county for not more than six months, and so much of the fine as may be necessary to repair the injury or loss shall go to the party injured.
(Code 1852, §§186, 191; Code 1867, §§3733, 3738; Code 1876, §§4408, 4420; Code 1886, §3869; Code 1896, §§5090, 5091; Code 1907, §6230; Code 1923, §3212; Code 1940, T. 3, §9; Acts 1982, No. 82-626, p. 1180.) |
https://law.justia.com/codes/alabama/title-3/chapter-1/section-3-1-11/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 3 - Animals.›Chapter 1 - General Provisions.›Section 3-1-11 - Wanton, Malicious, etc., Destruction, Injury, etc., of Animal or Article or Commodi... | 2023 Code of Alabama › Title 3 - Animals. › Chapter 1 - General Provisions. › Section 3-1-11 - Wanton, Malicious, etc., Destruction, Injury, etc., of Animal or Article or Commodity of Value of Another — Proof of Trespassing by Animal in Mitigation or Justification of Offense; Tender of Compensation. | Section 3-1-11
Wanton, malicious, etc., destruction, injury, etc., of animal or article or commodity of value of another - Proof of trespassing by animal in mitigation or justification of offense; tender of compensation.
Upon the trial, the defendant may prove in mitigation or justification, as the jury may determine, that, at the time of the killing, disabling, disfiguring, destruction or injury, the animal killed, disabled, disfigured, destroyed or injured was trespassing and had within six months previously thereto trespassed upon a growing crop, inclosed by a lawful fence or while such animal was running at large in violation of law. No conviction must be had, if it is shown that, before the commencement of the prosecution, compensation for the injury was made or tendered to the owner.
(Code 1876, §4411; Code 1886, §3871; Code 1896, §5092; Code 1907, §6231; Code 1923, §3213; Code 1940, T. 3, §10.) |
https://law.justia.com/codes/alabama/title-3/chapter-1/section-3-1-11-1/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 3 - Animals.›Chapter 1 - General Provisions.›Section 3-1-11.1 - Killing or Disabling Livestock; Penalty. | 2023 Code of Alabama › Title 3 - Animals. › Chapter 1 - General Provisions. › Section 3-1-11.1 - Killing or Disabling Livestock; Penalty. | Section 3-1-11.1
Killing or disabling livestock; penalty.
(a) Any person, who unlawfully, wantonly, or maliciously kills, disables, disfigures, destroys, or injures the livestock of another while the livestock is on the premises of the owner of the livestock or on the premises of a person having charge thereof shall be guilty of a Class C felony.
(b) In addition to being guilty of a Class C felony, any person who unlawfully, wantonly, or maliciously kills, disables, disfigures, destroys, or injures the livestock of another while the livestock is on the premises of the owner of the livestock, or on the premises of a person having charge thereof, shall be liable for damages sustained by the killing, disabling, disfiguring, or destroying of the livestock in an amount equal to double the value thereof.
(c) For purposes of this section, livestock is defined as equine or equidae, cows, swine, goats, and sheep.
(Acts 1993, No. 93-719, p. 1406, §§1-3; Act 2004-627, p. 1421, §1.) |
https://law.justia.com/codes/alabama/title-3/chapter-1/section-3-1-13/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 3 - Animals.›Chapter 1 - General Provisions.›Section 3-1-13 - Right of Officers, etc., of Humane Societies to Take Charge of and Care for Neglect... | 2023 Code of Alabama › Title 3 - Animals. › Chapter 1 - General Provisions. › Section 3-1-13 - Right of Officers, etc., of Humane Societies to Take Charge of and Care for Neglected or Abused Animals; Written Notice to Owner From Whom Animal Taken; Lien for Expenses for Care and Keeping of Animal. | Section 3-1-13
Right of officers, etc., of humane societies to take charge of and care for neglected or abused animals; written notice to owner from whom animal taken; lien for expenses for care and keeping of animal.
Any duly authorized officer or employee of a recognized humane society shall have the right to take charge of any animal which is sick or disabled due to neglect or is being cruelly treated or abused and to provide care for such animal until it is deemed to be in suitable condition to be returned to its owner or to the person from whose custody such animal was taken.
The officer so taking such animal shall at the time of taking the animal give written notice to the owner or person from whose custody it was taken.
The necessary expenses incurred for the care and keeping of the animal after such notice by the humane society shall be a lien thereon and, if the animal is not reclaimed within 10 days from the giving of such notice, the humane society may sell the animal to satisfy such lien. If the humane society determines that the animal cannot be sold, it may cause the animal to be otherwise disposed of.
(Acts 1961, Ex. Sess., No. 84, p. 2001.) |
https://law.justia.com/codes/alabama/title-3/chapter-1/section-3-1-15/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 3 - Animals.›Chapter 1 - General Provisions.›Section 3-1-15 - Sale, Offer for Sale, Barter, etc., of Baby Rabbits, Chicks, Ducklings, etc., as Pe... | 2023 Code of Alabama › Title 3 - Animals. › Chapter 1 - General Provisions. › Section 3-1-15 - Sale, Offer for Sale, Barter, etc., of Baby Rabbits, Chicks, Ducklings, etc., as Pets or Novelties. | Section 3-1-15
Sale, offer for sale, barter, etc., of baby rabbits, chicks, ducklings, etc., as pets or novelties.
It shall be unlawful for any person, firm or corporation to display, sell, offer for sale, barter or give away any baby rabbits, or baby chicks, ducklings or other fowl, but not including parrots, parakeets and canaries, as pets or novelties, regardless of whether or not such rabbits or fowl are dyed, colored or otherwise artificially treated.
Whoever violates this section is guilty of a misdemeanor and, upon conviction thereof, shall be punished as prescribed by law.
(Acts 1959, No. 104, p. 590.) |
https://law.justia.com/codes/alabama/title-3/chapter-1/section-3-1-16/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 3 - Animals.›Chapter 1 - General Provisions.›Section 3-1-16 - Employment by County Commissions of Persons to Enforce Laws for Prevention of Cruel... | 2023 Code of Alabama › Title 3 - Animals. › Chapter 1 - General Provisions. › Section 3-1-16 - Employment by County Commissions of Persons to Enforce Laws for Prevention of Cruelty to Animals; Compensation, Oath and Powers of Same. | Section 3-1-16
Employment by county commissions of persons to enforce laws for prevention of cruelty to animals; compensation, oath and powers of same.
The county commissions of the respective counties of this state may employ a suitable person or persons who shall be charged specially with the duty of enforcing all laws for the prevention of cruelty to animals, and to fix the compensation of such officer or officers, which shall be paid in the same manner as other salaries of county employees are paid, and such officer or officers, upon taking the oath as required to be taken by deputy sheriffs, shall be vested with all powers now vested by law in deputy sheriffs.
(Acts 1911, No. 127, p. 112; Code 1923, §3217; Code 1940, T. 3, §13.) |
https://law.justia.com/codes/alabama/title-3/chapter-1/section-3-1-17/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 3 - Animals.›Chapter 1 - General Provisions.›Section 3-1-17 - Notification of Owners, etc., of Dairies Upon Discovery of Cows Affected With Tuber... | 2023 Code of Alabama › Title 3 - Animals. › Chapter 1 - General Provisions. › Section 3-1-17 - Notification of Owners, etc., of Dairies Upon Discovery of Cows Affected With Tuberculosis. | Section 3-1-17
Notification of owners, etc., of dairies upon discovery of cows affected with tuberculosis.
Whenever any regular authorized inspector or his assistant of any city or town in this state shall find that any dairy cow or cows in any dairy in the county or in an adjoining county of such city or town used for the production of milk for the inhabitants of any such city or town are affected with tuberculosis, as determined by the tuberculin test of the Department of Agriculture of the United States of America, or are as otherwise shown to be affected with tuberculosis, such authorized inspector of such city or town or his assistant shall immediately notify the owner, proprietor or manager of such dairy, either in person or in writing, of the presence of such animal or animals affected with such tuberculosis.
(Acts 1911, No. 503, p. 566; Code 1923, §4442; Code 1940, T. 3, §14.) |
https://law.justia.com/codes/alabama/title-3/chapter-1/section-3-1-18/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 3 - Animals.›Chapter 1 - General Provisions.›Section 3-1-18 - Removal From Herd and Slaughter or Isolation of Tuberculous Cows Generally; Procedu... | 2023 Code of Alabama › Title 3 - Animals. › Chapter 1 - General Provisions. › Section 3-1-18 - Removal From Herd and Slaughter or Isolation of Tuberculous Cows Generally; Procedure for Isolation, Retesting, Slaughter, etc., of Same; Compensation of Owners for Slaughtered Cows, etc., Determined Not to Have Been Affected by Tuberculosis. | Section 3-1-18
Removal from herd and slaughter or isolation of tuberculous cows generally; procedure for isolation, retesting, slaughter, etc., of same; compensation of owners for slaughtered cows, etc., determined not to have been affected by tuberculosis.
The owner or proprietor or manager of any such dairy, upon being notified by such inspector or his assistant, shall remove or cause to be removed, within 24 hours, said tuberculous cow or cows from his herd to a public abattoir and, under the supervision of such inspector or his assistant, such tuberculous cow or cows must be slaughtered immediately unless such owner, proprietor or manager removes said tuberculous cow or cows from the herd under the supervision of such inspector or his assistant and keeps them isolated therefrom at the expense of the owner for a period of from two to six months, at the expiration of which time said cow or cows shall be retested by said inspector or his assistant and also by some competent veterinarian to be selected by the owner of said cow or cows and, if said inspector or his assistant and the veterinarian so selected by the owner shall fail to agree as to whether said cow or cows are affected with tuberculosis, then said inspector or his assistant, together with the veterinarian selected by the owner, shall call in another competent veterinarian to test said cow or cows. If a majority of such persons should determine that said cow or cows are affected with tuberculosis, the same shall be slaughtered immediately. A postmortem examination on the slaughtered cows shall thereupon be held by the three persons designated in this section, and, if it should be determined by said persons or a majority of them after the holding of such postmortem examination that said cow or cows are not affected with tuberculosis, then the city, town or county employing said inspector who originally pronounced said cows affected with tuberculosis shall immediately pay to the owner of such cow or cows the reasonable value thereof and the reasonable fees of the veterinarian or his assistant called in to aid said inspector or his assistant in making the postmortem examination of said cow or cows.
(Acts 1911, No. 503, p. 566; Code 1923, §§4443-4445; Code 1940, T. 3, §15.) |
https://law.justia.com/codes/alabama/title-3/chapter-1/section-3-1-19/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 3 - Animals.›Chapter 1 - General Provisions.›Section 3-1-19 - Penalties for Violations of Provisions of Sections 3-1-17 and 3-1-18. | 2023 Code of Alabama › Title 3 - Animals. › Chapter 1 - General Provisions. › Section 3-1-19 - Penalties for Violations of Provisions of Sections 3-1-17 and 3-1-18. | Section 3-1-19
Penalties for violations of provisions of Sections 3-1-17 and 3-1-18.
Any person, firm, corporation or association violating the provisions of Sections 3-1-17 and 3-1-18 shall be fined not more than $500.00 and may also be sentenced to imprisonment in the county jail for three months.
(Acts 1911, No. 503, p. 566; Code 1923, §4446; Code 1940, T. 3, §16.) |
https://law.justia.com/codes/alabama/title-3/chapter-1/section-3-1-20/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 3 - Animals.›Chapter 1 - General Provisions.›Section 3-1-20 - Sale or Purchase of Domestic Animals or Fowl Between Sunset and Sunrise. | 2023 Code of Alabama › Title 3 - Animals. › Chapter 1 - General Provisions. › Section 3-1-20 - Sale or Purchase of Domestic Animals or Fowl Between Sunset and Sunrise. | Section 3-1-20
Sale or purchase of domestic animals or fowl between sunset and sunrise.
Repealed by Act 2015-70 effective April 21, 2015.
(Code 1907, §6238; Code 1923, §3229; Code 1940, T. 3, §17.) |
https://law.justia.com/codes/alabama/title-3/chapter-1/section-3-1-21/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 3 - Animals.›Chapter 1 - General Provisions.›Section 3-1-21 - Sale or Exchange of Horse or Mule Affected With Glanders, etc.; Fee of District Att... | 2023 Code of Alabama › Title 3 - Animals. › Chapter 1 - General Provisions. › Section 3-1-21 - Sale or Exchange of Horse or Mule Affected With Glanders, etc.; Fee of District Attorney. | Section 3-1-21
Sale or exchange of horse or mule affected with glanders, etc.; fee of district attorney.
Any person who, by himself or another or as agent for another, shall knowingly sell or exchange any horse or mule subject to the disease or affection known as "choking," or affected with glanders or some other fatal, contagious or infectious disease must, on conviction, be fined not less than $100.00 nor more than $500.00 and may also be sentenced to hard labor for the county for not less than three nor more than six months. One half of the fine shall go to the party injured. For each conviction under this section, the district attorney shall be entitled to a fee of $50.00.
(Code 1886, §3839; Code 1896, §4762; Code 1907, §6239; Code 1923, §3230; Code 1940, T. 3, §18.) |
https://law.justia.com/codes/alabama/title-3/chapter-1/section-3-1-22/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 3 - Animals.›Chapter 1 - General Provisions.›Section 3-1-22 - Sale, etc., of Mare or Jennet Subject to Lien for Services of Stallion or Jack Prio... | 2023 Code of Alabama › Title 3 - Animals. › Chapter 1 - General Provisions. › Section 3-1-22 - Sale, etc., of Mare or Jennet Subject to Lien for Services of Stallion or Jack Prior to Payment of Price Stipulated for Such Service. | Section 3-1-22
Sale, etc., of mare or jennet subject to lien for services of stallion or jack prior to payment of price stipulated for such service.
Any person who, with a knowledge of the lien, sells or otherwise disposes of any mare or jennet before the stipulated price for the service of any stallion or jack, for which a lien is given by law, is paid must, on conviction, be fined not more than $100.00.
(Code 1876, §4356; Code 1886, §3838; Code 1896, §4761; Code 1907, §6240; Code 1923, §3231; Code 1940, T. 3, §19.) |
https://law.justia.com/codes/alabama/title-3/chapter-1/section-3-1-23/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 3 - Animals.›Chapter 1 - General Provisions.›Section 3-1-23 - Burning, Cauterizing, etc., of Teeth of Horse, Mule, etc., for Purpose of Fraudulen... | 2023 Code of Alabama › Title 3 - Animals. › Chapter 1 - General Provisions. › Section 3-1-23 - Burning, Cauterizing, etc., of Teeth of Horse, Mule, etc., for Purpose of Fraudulently Making Horse, etc., Appear Younger - Prohibited. | Section 3-1-23
Burning, cauterizing, etc., of teeth of horse, mule, etc., for purpose of fraudulently making horse, etc., appear younger - Prohibited.
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1935, No. 132, p. 175; Code 1940, T. 3, §20.) |
https://law.justia.com/codes/alabama/title-3/chapter-1/section-3-1-24/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 3 - Animals.›Chapter 1 - General Provisions.›Section 3-1-24 - Burning, Cauterizing, etc., of Teeth of Horse, Mule, etc., for Purpose of Fraudulen... | 2023 Code of Alabama › Title 3 - Animals. › Chapter 1 - General Provisions. › Section 3-1-24 - Burning, Cauterizing, etc., of Teeth of Horse, Mule, etc., for Purpose of Fraudulently Making Horse, etc., Appear Younger - Evidence as to Burning, etc., of Teeth to Be Substantiated by Veterinarian. | Section 3-1-24
Burning, cauterizing, etc., of teeth of horse, mule, etc., for purpose of fraudulently making horse, etc., appear younger - Evidence as to burning, etc., of teeth to be substantiated by veterinarian.
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1935, No. 132, p. 175; Code 1940, T. 3, §21.) |
https://law.justia.com/codes/alabama/title-3/chapter-1/section-3-1-25/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 3 - Animals.›Chapter 1 - General Provisions.›Section 3-1-25 - Burning, Cauterizing, etc., of Teeth of Horse, Mule, etc., for Purpose of Fraudulen... | 2023 Code of Alabama › Title 3 - Animals. › Chapter 1 - General Provisions. › Section 3-1-25 - Burning, Cauterizing, etc., of Teeth of Horse, Mule, etc., for Purpose of Fraudulently Making Horse, etc., Appear Younger - Effect of Possession of Such Horse, Etc. | Section 3-1-25
Burning, cauterizing, etc., of teeth of horse, mule, etc., for purpose of fraudulently making horse, etc., appear younger - Effect of possession of such horse, etc.
Repealed by Act 2015-70 effective April 21, 2015.
(Acts 1935, No. 132, p. 175; Code 1940, T. 3, §22.) |
https://law.justia.com/codes/alabama/title-3/chapter-1/section-3-1-26/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 3 - Animals.›Chapter 1 - General Provisions.›Section 3-1-26 - Burning, Cauterizing, etc., of Teeth of Horse, Mule, etc., for Purpose of Fraudulen... | 2023 Code of Alabama › Title 3 - Animals. › Chapter 1 - General Provisions. › Section 3-1-26 - Burning, Cauterizing, etc., of Teeth of Horse, Mule, etc., for Purpose of Fraudulently Making Horse, etc., Appear Younger — Transportation, etc., of Such Horse Into State. | Section 3-1-26
Burning, cauterizing, etc., of teeth of horse, mule, etc., for purpose of fraudulently making horse, etc., appear younger - Transportation, etc., of such horse into state.
Any person transporting or moving into Alabama, for any purpose whatsoever, any horse, mule or other soliped which has had its teeth burned, cauterized or changed in any manner to make such animal appear younger than it really is shall be guilty of a misdemeanor.
(Acts 1935, No. 132, p. 175; Code 1940, T. 3, §23.) |
https://law.justia.com/codes/alabama/title-3/chapter-1/section-3-1-27/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 3 - Animals.›Chapter 1 - General Provisions.›Section 3-1-27 - Marking, Branding or Altering Mark or Brand of Equine or Equidae, etc., of Another... | 2023 Code of Alabama › Title 3 - Animals. › Chapter 1 - General Provisions. › Section 3-1-27 - Marking, Branding or Altering Mark or Brand of Equine or Equidae, etc., of Another With Intent to Defraud. | Section 3-1-27
Marking, branding or altering mark or brand of equine or equidae, etc., of another with intent to defraud.
Any person who, with intent to defraud, marks or brands any unmarked equine or equidae, cow, hog, sheep, goat, or other domestic animal which is the property of another or alters or defaces the mark or brand of the animal shall, on conviction, be punished as if he or she had stolen it.
(Code 1852, §185; Code 1867, §3732; Code 1876, §4404; Code 1886, §3831; Code 1896, §4749; Code 1907, §6241; Code 1923, §3232; Code 1940, T. 3, §24; Act 2004-627, p. 1421, §1.) |
https://law.justia.com/codes/alabama/title-3/chapter-1/section-3-1-28/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 3 - Animals.›Chapter 1 - General Provisions.›Section 3-1-28 - Burial or Burning of Bodies of Dead Animals Generally; Burning of Hogs Dying From C... | 2023 Code of Alabama › Title 3 - Animals. › Chapter 1 - General Provisions. › Section 3-1-28 - Burial or Burning of Bodies of Dead Animals Generally; Burning of Hogs Dying From Cholera, etc.; Failure to Burn or Bury Dead Animal, Etc. | Section 3-1-28
Burial or burning of bodies of dead animals generally; burning of hogs dying from cholera, etc.; failure to burn or bury dead animal, etc.
All owners or custodians of animals which die or are killed in their possession or custody, other than such as are slaughtered for food, within 24 hours shall cause the bodies of such animals to be burned or buried at least two feet below the surface of the ground. Hogs dying from cholera or any other disease whatsoever shall be burned. No such animal shall be burned or buried sufficiently near a residence or residences as to create a nuisance. Any person violating this section, whether by failure to burn or bury an animal dying or being killed in his possession or by causing the same to be burned in such proximity to a dwelling or in such other way as to become a nuisance shall be guilty of a misdemeanor and, on conviction, shall be fined not more than $50.00.
(Acts 1919, No. 461, p. 702; Code 1923, §3223; Code 1940, T. 3, §60.) |
https://law.justia.com/codes/alabama/title-3/chapter-1/section-3-1-29/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 3 - Animals.›Chapter 1 - General Provisions.›Section 3-1-29 - Activities Relating to Fighting of Dogs Prohibited; Punishment; Violations; Confisc... | 2023 Code of Alabama › Title 3 - Animals. › Chapter 1 - General Provisions. › Section 3-1-29 - Activities Relating to Fighting of Dogs Prohibited; Punishment; Violations; Confiscation; Procedures for Disposition of Animals; Bond for the Care of Seized Dog; Forfeiture. | Section 3-1-29
Activities relating to fighting of dogs prohibited; punishment; violations; confiscation; procedures for disposition of animals; bond for the care of seized dog; forfeiture.
(a) It shall be a Class C felony for any person to do any of the following:
(1) To own, possess, keep, or train any dog with the intent that such dog shall be engaged in an exhibition of fighting with another dog.
(2) For amusement or gain, to cause any dog to fight with another dog, or cause any dogs to injure each other.
(3) To permit any act in violation of subdivisions (1) and (2) of this subsection.
(b) It shall be a Class C felony for any person to be knowingly present, as a spectator, at any place, building, or tenement where preparations are being made for an exhibition of the fighting of dogs, with the intent to be present at such preparations, or to be knowingly present at such exhibition or to knowingly aid or abet another in such exhibition.
(c) Any dog used to fight other dogs in violation of subsection (a) of this section shall be confiscated as contraband by the sheriff or other law enforcement officers and shall not be returned to the owner, trainer, or possessor of the dog. The court shall award the animals to the humane society or other agency handling stray animals. At its discretion, the humane society or other agency handling stray animals shall humanely dispatch or dispose of any confiscated dog.
(d) Any dog confiscated pursuant to subsection (c) by the sheriff or other law enforcement officers shall be taken to the local humane society or other animal welfare agency.
(e) An appointed veterinarian or officer of the humane society or other animal welfare agency may upon delivery or at any time thereafter destroy the animal that is in his or her opinion injured, diseased past recovery, or whose continued existence is inhumane and destruction is necessary to relieve pain or suffering.
(f) After confiscation the humane society or other animal welfare agency may make application to the circuit court for a hearing to determine whether any animal seized pursuant to subsection (c) shall be humanely destroyed due to disease, injury or lack of any useful purpose because of training or viciousness. The court shall set a hearing date not more than 30 days from the filing of the application and shall give notice of the same to the owners of the animals. Upon a finding by the court that the seized animals are diseased, injured, or lack any useful purpose due to training or viciousness, it shall be within the authority of the humane society or other animal welfare agency to humanely destroy such animal. Any animal found by the court not to be diseased, injured, or lacking any useful purpose due to training or viciousness shall be delivered to a court-approved private veterinarian or a private housing facility under the supervision of a veterinarian. Expenses incurred in connection with the housing, care, or upkeep of the dogs by any person, firm, partnership, corporation, or other entity shall be taxed against the owner.
(g) After confiscation, any entity holding a dog confiscated pursuant to this section may make application to the circuit court for issuance of an order requiring the owner or keeper of the dog to post a bond or deposit funds with the clerk of the court to cover the reasonable costs of the seizure, care, keeping, and the possible disposal of the dog. Reasonable costs shall include, but not be limited to, transportation, food, shelter, and care, including veterinary care. The bond or deposited funds shall be ordered posted in 30-day increments until such time as the case that was the cause of the dog being confiscated is resolved. The court shall set a hearing date no more than 10 days from filing of the application and shall give notice of the same to the owner or keeper of the dog.
(1) If, within 72 hours of the conclusion of the hearing, the owner or keeper fails to post the bond or deposit funds with the clerk of the court as ordered by the court, then the dog shall be forfeited by operation of law.
(2) If the owner or keeper presents sufficient evidence for the judge presiding over the hearing to determine that the owner or keeper is indigent, the owner or keeper may be relieved of the requirement to post a bond or deposit funds with the clerk of the court and may be relieved of the forfeiture provision under subdivision (1).
(3) The owner or keeper may choose at any time to surrender the dog to the local animal shelter or other animal housing facility holding the dog. The surrender shall not be considered a presumption of guilt.
(4) At the end of the time for which expenses are covered by the bond or deposit of funds, if the owner or keeper fails to post a new bond or deposit new funds with the clerk of the court, which must be received before the expiration date of the previous bond or deposit of funds, then the dog shall be forfeited by operation of law. The court may correct, alter, or otherwise adjust the bond or funds to be deposited upon a motion made before the expiration date of the previous bond or deposit of funds. No person may file more than one motion seeking an adjustment to the bond or funds to be deposited for each six-month period for which the dog is held under this section.
(5) The entity holding the dog confiscated pursuant to this section shall be entitled to draw on any bond posted or funds deposited to cover the actual costs incurred in the seizure, care, keeping, and the possible disposal of the dog.
(6) Upon resolution of any criminal charges brought against the owner or keeper of the dog confiscated pursuant to this section, the owner or keeper shall be refunded the amount remaining on any bond posted or funds deposited in accordance with this section not expended for the seizure, care, keeping, or disposal of the dog.
(h) If any dog owner is convicted under subsection (a) or (b), the animal or animals shall be awarded to the local humane society or other animal welfare agency.
(i) At any time, if a dog is confiscated pursuant to this section, the state or entity holding the dog may file a petition with the circuit court seeking civil forfeiture of the seized dog.
(1) As part of this petition, the state or entity holding the dog may seek an extension of any bond ordered by the judge under subsection (g), pending resolution of the civil forfeiture petition filed pursuant to this subsection. The bond extension shall be considered in accordance with the procedures set forth in subsection (g). Upon resolution of a civil forfeiture petition filed under this subsection, the owner or keeper shall be refunded the amount remaining on any bond posted or funds deposited in accordance with this subsection not expended for the seizure, care, keeping, or disposal of the dog.
(2) The court shall set a hearing date no more than 20 days from the filing of the petition for civil forfeiture and shall give notice of the hearing to the owner or keeper of the dog.
(3) If the state meets its burden at the forfeiture hearing, the judge shall order the owner or keeper to forfeit ownership of the dog.
(4) If the state fails to meet its burden at this forfeiture hearing, the judge shall order the dog immediately returned to the owner or keeper.
(Acts 1982, No. 82-461, p. 739; Acts 1984, 1st Ex. Sess., No. 84-796, p. 206; Act 2011-542, p. 990, §1.) |
https://law.justia.com/codes/alabama/title-3/chapter-2/article-1/section-3-2-1/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 3 - Animals.›Chapter 2 - Estrays and Animals Running at Large Generally.›Article 1 - General Provisions.›Section 3-2-1 - Taking Up as Estrays of Equine, Equidae, etc., Running at Large About Residences, Et... | 2023 Code of Alabama › Title 3 - Animals. › Chapter 2 - Estrays and Animals Running at Large Generally. › Article 1 - General Provisions. › Section 3-2-1 - Taking Up as Estrays of Equine, Equidae, etc., Running at Large About Residences, Etc. | Section 3-2-1
Taking up as estrays of equine, equidae, etc., running at large about residences, etc.
Any person who finds running at large about his or her residence or premises or the residence or premises of which he or she has charge any equine or equidae, cattle, hog, sheep, or goat, the owner of which is unknown, may take up such animal as an estray to be disposed of as provided in Sections 3-2-2 to 3-2-4, inclusive.
(Acts 1959, No. 258, p. 821, §1; Act 2004-627, p. 1421, §1.) |
https://law.justia.com/codes/alabama/title-3/chapter-2/article-1/section-3-2-2/ | AL | Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 3 - Animals.›Chapter 2 - Estrays and Animals Running at Large Generally.›Article 1 - General Provisions.›Section 3-2-2 - Notification of Department of Agriculture and Industries as to Seizure; Lien of Seiz... | 2023 Code of Alabama › Title 3 - Animals. › Chapter 2 - Estrays and Animals Running at Large Generally. › Article 1 - General Provisions. › Section 3-2-2 - Notification of Department of Agriculture and Industries as to Seizure; Lien of Seizor for Costs of Keeping Animal, Etc. | Section 3-2-2
Notification of Department of Agriculture and Industries as to seizure; lien of seizor for costs of keeping animal, etc.
(a) Within five days after taking up an estray, notice of the seizure of such estray shall be furnished to the Department of Agriculture and Industries, accompanied by a complete description of the animal together with the time and place of seizure and the name and address of the seizor. The animal shall be described in such notice by kind, size, sex, markings, brands, color, stature and age.
(b) The seizor shall have a lien on the animal for the cost of keeping it and for the amount of any reasonable damages he may have suffered as a result of the animal being upon his premises.
(Acts 1959, No. 258, p. 821, §2.) |
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