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https://law.justia.com/codes/alabama/title-8/chapter-15/article-1/section-8-15-16/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 15 - Public Warehouses.›Article 1 - General Provisions.›Section 8-15-16 - When Receipt to Be Endorsed "Stored in the Open".
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 1 - General Provisions. › Section 8-15-16 - When Receipt to Be Endorsed "Stored in the Open".
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Section 8-15-16
When receipt to be endorsed "Stored In The Open".
Whenever any public warehouseman accepts for storage any cotton or other article of value and keeps or stores the same where it is exposed to weather conditions or in any place except within the warehouse, there shall be endorsed on the warehouse receipt given for such cotton or other article the words "Stored In The Open" in such manner as may be prescribed by the rules and regulations promulgated by the State Board of Agriculture and Industries.
(Ag. Code 1927, §404; Acts 1939, No. 443, p. 586; Code 1940, T. 2, §583.)
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https://law.justia.com/codes/alabama/title-8/chapter-15/article-1/section-8-15-17/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 15 - Public Warehouses.›Article 1 - General Provisions.›Section 8-15-17 - Insurance Requirement and Liability of Warehouseman for Articles Not Stored in War...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 1 - General Provisions. › Section 8-15-17 - Insurance Requirement and Liability of Warehouseman for Articles Not Stored in Warehouse.
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Section 8-15-17
Insurance requirement and liability of warehouseman for articles not stored in warehouse.
(a) A public warehouseman who stores cotton or other article in the open or in any place except in the warehouse shall keep the same insured against destruction or injury by fire and shall be responsible and liable for all injury or damage suffered from the weather or any other cause by reason of the cotton or other article being stored in the open or in any other place except in the warehouse.
(b) Such warehouseman shall also have the same responsibility and liability for the cotton or other article as if the same was stored or kept in the warehouse. The warehouseman's bond shall also cover all duties and liabilities of a warehouseman imposed by this section and Section 8-15-16.
(Ag. Code 1927, §405; Acts 1939, No. 443, p. 586; Code 1940, T. 2, §584.)
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https://law.justia.com/codes/alabama/title-8/chapter-15/article-1/section-8-15-18/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 15 - Public Warehouses.›Article 1 - General Provisions.›Section 8-15-18 - Insurance of Stored Cotton and Other Raw Agricultural Commodities.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 1 - General Provisions. › Section 8-15-18 - Insurance of Stored Cotton and Other Raw Agricultural Commodities.
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Section 8-15-18
Insurance of stored cotton and other raw agricultural commodities.
The Commissioner of Agriculture and Industries shall have power to require that all bales of cotton or other raw agricultural commodities, accepted for storage by a public warehouseman, other than cotton moving in transit to a compress to be compressed, shall be insured against destruction, damage by fire, and other hazards, or perils that could be incurred by such warehouseman, unless otherwise instructed in writing by the bailor.
(Ag. Code 1927, §406; Acts 1939, No. 443, p. 586; Code 1940, T. 2, §585; Acts 1981, No. 81-693, p. 1165, §2.)
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https://law.justia.com/codes/alabama/title-8/chapter-15/article-2/section-8-15-30/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 15 - Public Warehouses.›Article 2 - Self-Service Storage Facilities.›Section 8-15-30 - Short Title.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 2 - Self-Service Storage Facilities. › Section 8-15-30 - Short Title.
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Section 8-15-30
Short title.
REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-183 EFFECTIVE OCTOBER 1, 2021. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1981, No. 81-769, p. 1321, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-15/article-2/section-8-15-31/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 15 - Public Warehouses.›Article 2 - Self-Service Storage Facilities.›Section 8-15-31 - Definitions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 2 - Self-Service Storage Facilities. › Section 8-15-31 - Definitions.
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Section 8-15-31
Definitions.
REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-183 EFFECTIVE OCTOBER 1, 2021. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1981, No. 81-769, p. 1321, §2.)
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https://law.justia.com/codes/alabama/title-8/chapter-15/article-2/section-8-15-32/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 15 - Public Warehouses.›Article 2 - Self-Service Storage Facilities.›Section 8-15-32 - Vesting of Care, Control, etc., of Stored Property in Occupant; Determination of R...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 2 - Self-Service Storage Facilities. › Section 8-15-32 - Vesting of Care, Control, etc., of Stored Property in Occupant; Determination of Risk of Loss.
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Section 8-15-32
Vesting of care, control, etc., of stored property in occupant; determination of risk of loss.
REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-183 EFFECTIVE OCTOBER 1, 2021. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1981, No. 81-769, p. 1321, §3.)
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https://law.justia.com/codes/alabama/title-8/chapter-15/article-2/section-8-15-33/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 15 - Public Warehouses.›Article 2 - Self-Service Storage Facilities.›Section 8-15-33 - Lien of Owner, etc., of Self-Service Storage Facility Upon Personal Property Locat...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 2 - Self-Service Storage Facilities. › Section 8-15-33 - Lien of Owner, etc., of Self-Service Storage Facility Upon Personal Property Located at Facility.
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Section 8-15-33
Lien of owner, etc., of self-service storage facility upon personal property located at facility.
REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-183 EFFECTIVE OCTOBER 1, 2021. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1981, No. 81-769, p. 1321, §4.)
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https://law.justia.com/codes/alabama/title-8/chapter-15/article-2/section-8-15-34/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 15 - Public Warehouses.›Article 2 - Self-Service Storage Facilities.›Section 8-15-34 - Satisfaction of Owner's Lien.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 2 - Self-Service Storage Facilities. › Section 8-15-34 - Satisfaction of Owner's Lien.
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Section 8-15-34
Satisfaction of owner's lien.
REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-183 EFFECTIVE OCTOBER 1, 2021. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1981, No. 81-769, p. 1321, §5.)
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https://law.justia.com/codes/alabama/title-8/chapter-15/article-2/section-8-15-35/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 15 - Public Warehouses.›Article 2 - Self-Service Storage Facilities.›Section 8-15-35 - Posting of Notice as to Effect of Failure to Pay Charges.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 2 - Self-Service Storage Facilities. › Section 8-15-35 - Posting of Notice as to Effect of Failure to Pay Charges.
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Section 8-15-35
Posting of notice as to effect of failure to pay charges.
REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-183 EFFECTIVE OCTOBER 1, 2021. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1981, No. 81-769, p. 1321, §6.)
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https://law.justia.com/codes/alabama/title-8/chapter-15/article-2/section-8-15-36/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 15 - Public Warehouses.›Article 2 - Self-Service Storage Facilities.›Section 8-15-36 - Rights Provided by Article as Additional to Other Rights Allowed by Law.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 2 - Self-Service Storage Facilities. › Section 8-15-36 - Rights Provided by Article as Additional to Other Rights Allowed by Law.
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Section 8-15-36
Rights provided by article as additional to other rights allowed by law.
REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-183 EFFECTIVE OCTOBER 1, 2021. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1981, No. 81-769, p. 1321, §7.)
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https://law.justia.com/codes/alabama/title-8/chapter-15/article-2/section-8-15-37/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 15 - Public Warehouses.›Article 2 - Self-Service Storage Facilities.›Section 8-15-37 - Effect of Other Laws Governing Rights of Creditors and Landlords Against Debtors a...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 2 - Self-Service Storage Facilities. › Section 8-15-37 - Effect of Other Laws Governing Rights of Creditors and Landlords Against Debtors and Tenants.
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Section 8-15-37
Effect of other laws governing rights of creditors and landlords against debtors and tenants.
REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-183 EFFECTIVE OCTOBER 1, 2021. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1981, No. 81-769, p. 1321, §8.)
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https://law.justia.com/codes/alabama/title-8/chapter-15/article-2/section-8-15-38/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 15 - Public Warehouses.›Article 2 - Self-Service Storage Facilities.›Section 8-15-38 - Applicability of Article.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 2 - Self-Service Storage Facilities. › Section 8-15-38 - Applicability of Article.
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Section 8-15-38
Applicability of article.
REPEALED IN THE 2021 REGULAR SESSION BY ACT 2021-183 EFFECTIVE OCTOBER 1, 2021. THIS IS NOT IN THE CURRENT CODE SUPPLEMENT.
(Acts 1981, No. 81-769, p. 1321, §9.)
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https://law.justia.com/codes/alabama/title-8/chapter-15/article-2a/section-8-15-40/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 15 - Public Warehouses.›Article 2A - Self-Service Storage Facilities Act.›Section 8-15-40 - Short Title.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 2A - Self-Service Storage Facilities Act. › Section 8-15-40 - Short Title.
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Section 8-15-40
Short title.
This article shall be known and may be cited as the Self-Service Storage Facilities Act.
(Act 2021-183, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-15/article-2a/section-8-15-41/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 15 - Public Warehouses.›Article 2A - Self-Service Storage Facilities Act.›Section 8-15-41 - Definitions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 2A - Self-Service Storage Facilities Act. › Section 8-15-41 - Definitions.
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Section 8-15-41
Definitions.
For the purposes of this article, the following terms shall have the following meanings:
(1) COMMERCIALLY REASONABLE SALE. A sale, conducted pursuant to this article, at the self-service storage facility, another suitable location selected by the operator, or on a publicly accessible website that conducts lien sales or personal property sales.
(2) DEFAULT. The failure by the occupant to perform on time any obligation or duty set forth in a rental agreement or in this article.
(3) ELECTRONIC MAIL. An electronic message or an executable program or computer file that contains an image of a message that is transmitted between two or more computers or electronic terminals and includes electronic messages that are transmitted within or between computer networks.
(4) EMERGENCY. Any occurrence or circumstance at or near a self-service storage facility which requires immediate action to avoid injury to persons or damage to property at or near the self-service storage facility including, but not limited to, a fire.
(5) LAST KNOWN ADDRESS. The postal address or electronic mail address provided by an occupant in a rental agreement or the postal address or electronic mail address provided by the occupant in a subsequent written notice of a change of address.
(6) LATE FEE. Any fee or charge assessed for the failure of an occupant to pay rent when due. The term does not include interest on a debt; expenses incurred in the collection of unpaid rent; expenses incurred for the preservation, sale, or disposition of personal property pursuant to this article; or costs associated with the enforcement of any other remedy provided by law or contract.
(7) LEASED SPACE. The individual storage space at a self-service storage facility which is rented to an occupant pursuant to a rental agreement.
(8) OCCUPANT. A person entitled to the use of leased space at a self-service storage facility under a rental agreement, or his or her successors or assigns.
(9) OPERATOR. The owner, operator, lessor, or sublessor of a self-service storage facility, or an agent of any of the foregoing, or any other person authorized to manage the facility or to receive rent from an occupant under a rental agreement. The term does not include a warehouseman if the warehouseman issues a warehouse receipt, bill of lading, or other document of title for the personal property stored.
(10) PERSONAL PROPERTY. Movable property not affixed to land. The term includes, but is not limited to, goods, wares, merchandise, motor vehicles, watercraft, household items, and furnishings.
(11) PROPERTY WHICH HAS NO COMMERCIAL VALUE. Property offered for sale in a commercially reasonable sale that receives no bid or offer.
(12) RENTAL AGREEMENT. Any written agreement or lease that establishes or modifies the terms, conditions, or rules concerning the use and occupancy of leased space at a self-service storage facility.
(13) SELF-SERVICE STORAGE FACILITY. Any real property used for renting or leasing individual storage spaces in which the occupants customarily store and remove their own personal property on a self-service basis.
(14) VERIFIED MAIL. Any method of mailing offered by the United States Postal Service or private delivery service that provides evidence of the mailing.
(Act 2021-183, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-15/article-2a/section-8-15-42/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 15 - Public Warehouses.›Article 2A - Self-Service Storage Facilities Act.›Section 8-15-42 - Use of Leased Space for Residential Purposes Prohibited.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 2A - Self-Service Storage Facilities Act. › Section 8-15-42 - Use of Leased Space for Residential Purposes Prohibited.
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Section 8-15-42
Use of leased space for residential purposes prohibited.
(a) An operator shall not knowingly permit a leased space at a self-service storage facility to be used for residential purposes.
(b) An occupant shall not use a leased space for residential purposes.
(Act 2021-183, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-15/article-2a/section-8-15-43/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 15 - Public Warehouses.›Article 2A - Self-Service Storage Facilities Act.›Section 8-15-43 - Access for Inspection or Repair of Leased Space.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 2A - Self-Service Storage Facilities Act. › Section 8-15-43 - Access for Inspection or Repair of Leased Space.
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Section 8-15-43
Access for inspection or repair of leased space.
An occupant, upon reasonable request from the operator, shall allow the operator to enter a leased space for the purpose of inspection or repair. If an emergency occurs, an operator may enter a leased space for inspection or repair without notice to or consent from the occupant.
(Act 2021-183, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-15/article-2a/section-8-15-44/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 15 - Public Warehouses.›Article 2A - Self-Service Storage Facilities Act.›Section 8-15-44 - Lien of Operator, etc., of Self-Service Storage Facilty Upon Personal Property Loc...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 2A - Self-Service Storage Facilities Act. › Section 8-15-44 - Lien of Operator, etc., of Self-Service Storage Facilty Upon Personal Property Located at Facility.
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Section 8-15-44
Lien of operator, etc., of self-service storage facilty upon personal property located at facility.
(a) The operator of a self-service storage facility and the heirs, executors, administrators, successors, and assigns of the operator shall have a lien upon all of the personal property of an occupant located at the self-service storage facility for delinquent rent, late fees, labor, or other charges incurred pursuant to a rental agreement and for expenses incurred for preservation, sale, or disposition of the personal property. The lien provided for in this section is superior to any other lien or security interest, except for a tax lien as otherwise provided by law.
(b) The lien described in subsection (a) attaches on the date on which personal property is placed in a leased space.
(c) The rental agreement shall contain a statement, in bold type, advising the occupant of all of the following:
(1) The existence of the lien.
(2) That personal property stored in the leased space may be sold to satisfy the lien if the occupant is in default.
(3) That the occupant must disclose any lienholders with an interest in property that is stored or will be stored in the leased space.
(d) If the rental agreement specifies a limit on the value of personal property that the occupant may store in the leased space, the limit shall be deemed to be the maximum value of the personal property in the leased space of the occupant.
(e) The rental agreement may provide for a reasonable late fee when the occupant is in default. A monthly late fee of twenty dollars ($20) or 20 percent of the monthly rental amount, whichever is greater, shall be considered reasonable and is not a penalty.
(Act 2021-183, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-15/article-2a/section-8-15-45/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 15 - Public Warehouses.›Article 2A - Self-Service Storage Facilities Act.›Section 8-15-45 - Default by Occupant - Denial of Access; Removal and Disposition of Personal Proper...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 2A - Self-Service Storage Facilities Act. › Section 8-15-45 - Default by Occupant - Denial of Access; Removal and Disposition of Personal Property.
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Section 8-15-45
Default by occupant - Denial of access; removal and disposition of personal property.
If the occupant is in default, the operator may deny the occupant access to the leased space at the self-service storage facility. The operator may enter and remove the personal property from the leased space to other suitable storage space pending its sale or other disposition.
(Act 2021-183, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-15/article-2a/section-8-15-46/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 15 - Public Warehouses.›Article 2A - Self-Service Storage Facilities Act.›Section 8-15-46 - Default by Occupant - Enforcement of Lien; Sale of Personal Property.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 2A - Self-Service Storage Facilities Act. › Section 8-15-46 - Default by Occupant - Enforcement of Lien; Sale of Personal Property.
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Section 8-15-46
Default by occupant - Enforcement of lien; sale of personal property.
(a) If an occupant is in default for a period of more than 30 days, the operator may enforce the lien granted in Section 8-15-44 by selling the stored personal property of the occupant. Sale of the personal property of an occupant may be by public or private proceedings. The personal property may be sold as a unit or in parcels, by way of one or more contracts, at any time or place, with bids or offers sealed or open, and on any terms as long as the sale is a commercially reasonable sale. The operator may otherwise dispose of any property which has no commercial value.
(b) Before conducting a sale under this section, the operator shall do all of the following:
(1) At least 20 days before the sale, send notice of default to the occupant and any lienholder identified by the occupant in the rental agreement by verified mail or electronic mail pursuant to subsection (h). The notice of default shall include:
a. A statement that the contents of the leased space are subject to the operator's lien.
b. A statement of the operator's claim, indicating the charges due on the date of the notice, the amount of any additional charges which shall become due before the date of sale, and the date the additional charges shall become due.
c. A demand for payment of the charges due within a specified time, which shall not be less than 10 days after the date of the notice.
d. A statement that unless the claim is paid within the time stated, the contents of the leased space will be sold or otherwise disposed of after a specified time.
e. The name, street address, and telephone number of the operator or a designated agent whom the occupant may contact to respond to the notice.
(2) At least seven days before the sale, an advertisement containing the time, place, and terms of the sale shall be published once in a newspaper of general circulation in the county where the self-service storage facility is located. A single advertisement listing multiple sales in a newspaper of general circulation in the county shall suffice. If no newspaper of general circulation is located in the county, or if the operator determines, based on the previous experience of the operator, that the contents of the leased space have a value of five hundred dollars ($500) or less, then an advertisement in any commercially reasonable manner shall suffice. The manner of advertisement is deemed commercially reasonable if it is likely to attract at least three independent bidders to attend or view the sale in person or online at the time and place advertised.
(c) The operator may buy the personal property of the occupant at any public sale held pursuant to this section.
(d) If the personal property subject to the operator's lien is a vehicle, watercraft, or trailer and rent and other charges remain unpaid for 60 days, the operator may have the vehicle, watercraft, or trailer towed from the self-service storage facility. The operator shall not be liable for any damages to the vehicle, watercraft, or trailer once a licensed and bonded tower takes possession of the property. Removal of any vehicle, watercraft, or trailer from the self-service storage facility shall not release the operator's lien. The sale of a watercraft shall comply with Section 33-5A-4. Any provision of this article to the contrary notwithstanding, unclaimed motor vehicles shall be reported in accordance with Section 32-8-84 and abandoned motor vehicles shall be sold in accordance with Chapter 13 of Title 32.
(e) At any time before a sale is held under this section or before a vehicle, watercraft, or trailer is towed under this section, the occupant may pay the amount necessary to satisfy the lien and redeem the personal property. The operator shall have no liability to any person with respect to personal property redeemed pursuant to this subsection.
(f) In the event of a sale, the operator may satisfy the lien from the proceeds of the sale. The lien rights of secured lienholders are automatically transferred to the remaining proceeds of the sale, if any. If the sale is a commercially reasonable sale, the operator shall not be subject to any liability for a deficiency if the amount realized at the sale does not satisfy any secured lien, but shall hold the balance, if any, for delivery to the occupant or any secured lienholder, upon demand. If the occupant or secured lienholder, if any, does not claim the balance of the proceeds within one year after the date of sale, the balance shall become the property of the operator without further recourse by the occupant or secured lienholder.
(g) A purchaser in good faith of any personal property sold pursuant to this section to satisfy the lien granted in Section 8-15-44 takes the property free and clear of any rights of persons against whom the lien was valid, despite noncompliance by the operator with the requirements of this section. If the requirements of this article are not satisfied, if the sale of the personal property is not in conformity with the notice of sale, or if there is a willful violation of this article, nothing in this section affects the rights and liabilities of the owner, occupant, or any other person.
(h) Notices to the occupant under subdivision (b)(1) shall be sent to the last known address of the occupant by verified mail or electronic mail. Notices sent by verified mail shall be deemed delivered when deposited with the United States Postal Service or private delivery service if they are properly addressed with postage prepaid. Notices sent by electronic mail shall be deemed delivered when an electronic message is sent to the last known address provided by the occupant. If the operator sends notice by electronic mail and receives an automated message stating that the electronic mail cannot be delivered, the operator shall send notice by verified mail to the last known address of the occupant with postage prepaid.
(i) If the operator complies with the requirements of this section, the liability of the operator:
(1) To the occupant, shall be limited to the net proceeds received from the sale of the personal property of the occupant less any proceeds paid to the holders of any lien or security interest of record on the personal property being sold.
(2) To the holders of any lien or security interest of record on the personal property being sold, shall be limited to the net proceeds received from the sale of any personal property covered by the lien or security interest of the holder.
(Act 2021-183, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-15/article-2a/section-8-15-47/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 15 - Public Warehouses.›Article 2A - Self-Service Storage Facilities Act.›Section 8-15-47 - Risk of Loss or Damage to Personal Property.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 2A - Self-Service Storage Facilities Act. › Section 8-15-47 - Risk of Loss or Damage to Personal Property.
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Section 8-15-47
Risk of loss or damage to personal property.
Unless the rental agreement specifically provides otherwise and until a lien sale is conducted under Section 8-15-46, the exclusive care, custody, and control of all personal property stored in a leased space remains vested in the occupant, and the occupant shall bear all risks of loss or damage to that personal property.
(Act 2021-183, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-15/article-2a/section-8-15-48/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 15 - Public Warehouses.›Article 2A - Self-Service Storage Facilities Act.›Section 8-15-48 - Rights Provided by Article as Additional to Other Rights Allowed by Law.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 2A - Self-Service Storage Facilities Act. › Section 8-15-48 - Rights Provided by Article as Additional to Other Rights Allowed by Law.
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Section 8-15-48
Rights provided by article as additional to other rights allowed by law.
This article does not impair the power of the parties to a rental agreement to create rights, duties, or obligations in the rental agreement. The rights provided to an operator by this article are in addition to all other rights provided by law to a creditor against a debtor or to a landlord against a tenant.
(Act 2021-183, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-15/article-2a/section-8-15-49/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 15 - Public Warehouses.›Article 2A - Self-Service Storage Facilities Act.›Section 8-15-49 - Applicability of Article.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 15 - Public Warehouses. › Article 2A - Self-Service Storage Facilities Act. › Section 8-15-49 - Applicability of Article.
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Section 8-15-49
Applicability of article.
This article shall apply to all rental agreements entered into, extended, or renewed after October 1, 2021.
(Act 2021-183, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-16/article-1/section-8-16-1/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 1 - General Provisions.›Section 8-16-1 - Definitions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 1 - General Provisions. › Section 8-16-1 - Definitions.
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Section 8-16-1
Definitions.
For the purposes of this chapter, the following terms shall have the meanings respectively ascribed to them by this section:
(1) REGISTERED SERVICE AGENT. Any individual, agency, firm, company, or corporation that for hire, commission, or other payment of any kind, services, repairs, or reconditions any weighing or measuring devices, and that registers with the Commissioner of Agriculture and Industries.
(2) SELL or SALE. Such terms shall include barter and exchange.
(3) WEIGHTS, MEASURES or WEIGHING OR MEASURING DEVICES. Such terms include all weights, scales, beams, measures of every kind, instruments and mechanical devices for weighing, or measuring, and any appliances and accessories connected with any or all such instruments.
(Ag. Code 1927, §241; Code 1940, T. 2, §600; Act 2013-212, p. 485, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-16/article-1/section-8-16-2/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 1 - General Provisions.›Section 8-16-2 - Standard Measure of Length, Surface, Weight, and Capacity.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 1 - General Provisions. › Section 8-16-2 - Standard Measure of Length, Surface, Weight, and Capacity.
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Section 8-16-2
Standard measure of length, surface, weight, and capacity.
There is but one unit or standard measure of length and surface, one of weight, one of capacity for liquid substances, and one of capacity for dry substances throughout this state, which must be in conformity with the standard measure of length, surface, weight, and capacity established by Congress. Any firm, association, corporation, or person selling, offering, or exposing for sale any commodity by weight or measure which does not correspond with such standard or measure is guilty of a misdemeanor.
(Ag. Code 1927, §228; Code 1940, T. 2, §587.)
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https://law.justia.com/codes/alabama/title-8/chapter-16/article-1/section-8-16-3/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 1 - General Provisions.›Section 8-16-3 - Standards Approved by Congress to Be State Standards.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 1 - General Provisions. › Section 8-16-3 - Standards Approved by Congress to Be State Standards.
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Section 8-16-3
Standards approved by Congress to be state standards.
The standards of weights and measures received from the United States under a resolution of Congress approved June 14, 1836, and such new weights and measures as shall be received from the United States as standard weights and measures in addition thereto or in renewal thereof, and such as shall be procured by the state in conformity therewith and certified by the national bureau of standards shall be the state standards by which all state, county, and municipal standards of weights and measures shall be tried, proved, and sealed.
(Ag. Code 1927, §230; Code 1940, T. 2, §589.)
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https://law.justia.com/codes/alabama/title-8/chapter-16/article-1/section-8-16-4/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 1 - General Provisions.›Section 8-16-4 - Contracts Construed According to Standards Ascertained by Congress.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 1 - General Provisions. › Section 8-16-4 - Contracts Construed According to Standards Ascertained by Congress.
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Section 8-16-4
Contracts construed according to standards ascertained by Congress.
All contracts made within this state for any work to be done or for anything to be sold or delivered must be construed to have been according to the standard of weight and measure ascertained by Congress, unless the parties stipulate to the contrary.
(Ag. Code 1927, §229; Code 1940, T. 2, §588.)
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https://law.justia.com/codes/alabama/title-8/chapter-16/article-1/section-8-16-6/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 1 - General Provisions.›Section 8-16-6 - Duties Generally of Commissioner Respecting Weights and Measures.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 1 - General Provisions. › Section 8-16-6 - Duties Generally of Commissioner Respecting Weights and Measures.
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Section 8-16-6
Duties generally of commissioner respecting weights and measures.
With respect to weights and measures, the Commissioner of Agriculture and Industries shall have the following duties:
(1) To try and prove by the state standards, at least once in five years, all weights, measures, and other apparatus which may belong to any county or city and shall seal such when found to be accurate, stamping on them the letter "A" and the last two figures of the year with seals which he or she shall have and keep for that purpose.
(2) To have and keep a general supervision of the weights, measures, and weighing and measuring devices offered for sale, sold, or in use in the state.
(3) Upon the written request of any citizen, firm, corporation, or educational institution in the state, to test or calibrate weights, measures, weighing, or measuring devices, and instruments or apparatus used as standards in this state.
(4) To assure that at least once annually all scales, weights, and measures used in checking the receipts and disbursements of supplies in every institution for the maintenance of which moneys are appropriated by the Legislature are inspected, and report in writing his or her findings through the supervisory board and to the executive officer of the institution concerned. At the request of such board or executive officer, the Commissioner of Agriculture and Industries shall appoint in writing one or more employees then in the actual service of each institution who shall act as special deputy or deputies, without extra compensation, for the purpose of checking the receipts and disbursements of supplies.
(5) To include a report of the work done by his or her office in his or her general report to the State Board of Agriculture and Industries.
(6) To inspect all standards and apparatus used by the counties and cities at least once in five years and shall keep a record of the same.
(7) At least once in five years, to visit the various cities and counties of the state in order to inspect the work of the local sealers of weights and measures.
(8) To issue from time to time regulations for guidance for city and county sealers, and the regulations shall govern the procedure to be followed by these officers in the discharge of their duties.
(Ag. Code 1927, §232; Code 1940, T. 2, §591; Act 2013-212, p. 485, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-16/article-1/section-8-16-7/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 1 - General Provisions.›Section 8-16-7 - Powers of Commissioner and Local Sealers in Supervising Weights and Measures.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 1 - General Provisions. › Section 8-16-7 - Powers of Commissioner and Local Sealers in Supervising Weights and Measures.
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Section 8-16-7
Powers of commissioner and local sealers in supervising weights and measures.
(a) When not otherwise provided by law, the Commissioner of Agriculture and Industries within the state, the county sealer within the county and the city sealer within the city shall have the power and it shall be their duty to inspect, test, try, and ascertain if they are correct all weights, measures, and weighing or measuring devices kept, offered, or exposed for sale, sold, used, or employed in proving the size, quantity, extent, area, or measurement of quantities, things, produce, or articles for distribution or consumption purchased or offered or submitted for sale, hire, or reward, in computing any charge for services rendered on the basis of weight or measure or in determining weight or measure when a charge is made for such determination.
(b) They shall have the power to, and shall from time to time, weigh or measure and inspect packages or amounts of commodities of whatsoever kind kept for the purpose of sale, offered, or exposed for sale, sold, or in the process of delivery in order to determine whether the same contain the amount represented and whether they are offered for sale or sold in a manner in accordance with the law.
(c) They shall, at least once each year and more often as they may deem necessary, see that all weights, measures, and weighing or measuring devices used are correct.
(d) They, for the purpose above mentioned and in the general performance of their official duties, at any reasonable time, may enter and go into or upon, without formal warrant, any stand, place, building, or premises or stop any vendor, peddler, junk dealer, coal wagon, ice wagon, delivery wagon, or any person whatsoever and require him or her, if necessary, to proceed to some place which the local sealer may specify for the purpose of making the proper test.
(e) The commissioner may perform such testing of weighing or measuring devices through a registered service agent. The commissioner's duty to inspect and test weighing or measuring devices used for commercial transaction is fulfilled by the registered service agent's inspection and test for accuracy.
(f) A registered service agent shall perform the inspection and test of weighing and measuring devices in accordance with the rules promulgated by the Board of Agriculture and Industries. The registered service agent who performs the recalibration or repair may be, but is not required to be, the same registered service agent who performed the inspection. The registered service agent who performs the inspection and test of weighing and measuring devices may be an agent or employee of the owner or an affiliate of the owner of the weighing and measuring devices.
(g) The Department of Agriculture and Industries shall approve a decal and upon approval, the department shall provide a decal to registered service agents. After the device meets all requirements as promulgated by the Board of Agriculture and Industries the registered service agent shall place an approved decal conspicuously on the weighing or measuring device.
(h) The registered service agent shall provide all inspection and test reports of the weighing or measuring devices to the commissioner. The commissioner may adopt a uniform reporting system to be utilized by all registered services.
(i) The commissioner may adopt a system to periodically monitor, inspect, or test such weighing or measuring devices to check the accuracy of the work of the registered service agent.
(j) The power conferred on the commissioner in subsection (d) shall not apply to a registered service agent.
(k) Beginning October 1, 2013, the commissioner may suspend or revoke the certificate of registration of a registered service agent for violating any provisions of this article.
(l) If the certificate of registration of a registered service agent has been suspended or revoked, then the service agent may not register with the department as a service agent for at least one year.
(m) Whenever the Commissioner of Agriculture and Industries or a local sealer of weights and measures finds a violation of the statutes relating to weights and measures, he or she shall cause the violator to be prosecuted.
(n) Notwithstanding the provisions of this section, the testing, inspection, and examination of all weights, measures, and weighing or measuring devices is subject to the oversight authority of the commissioner as set forth hereinabove.
(Ag. Code 1927, §236; Code 1940, T. 2, §595; Act 2013-212, p. 485, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-16/article-1/section-8-16-8/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 1 - General Provisions.›Section 8-16-8 - Weights or Measures Corresponding With Standards to Be Sealed or Marked.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 1 - General Provisions. › Section 8-16-8 - Weights or Measures Corresponding With Standards to Be Sealed or Marked.
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Section 8-16-8
Weights or measures corresponding with standards to be sealed or marked.
Whenever the Commissioner of Agriculture and Industries or a local sealer of weights and measures compares weights, measures or weighing or measuring devices and finds that they correspond, or causes them to correspond, with the standards in his possession, he shall seal or mark such weight, measure or weighing or measuring device with appropriate devices to be approved by the commissioner.
(Ag. Code 1927, §237; Code 1940, T. 2, §596.)
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https://law.justia.com/codes/alabama/title-8/chapter-16/article-1/section-8-16-9/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 1 - General Provisions.›Section 8-16-9 - Condemnation, Repair, etc., of Nonstandard Weights and Measures.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 1 - General Provisions. › Section 8-16-9 - Condemnation, Repair, etc., of Nonstandard Weights and Measures.
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Section 8-16-9
Condemnation, repair, etc., of nonstandard weights and measures.
(a) The Commissioner of Agriculture and Industries or a local sealer of weights and measures shall condemn, seize, and may destroy weights, measures, or weighing or measuring devices which are false, fraudulent, or cannot be made to conform to the legal standards. They shall condemn and mark or tag as "condemned for repairs" such weights, measures, or weighing, or measuring devices which are found incorrect and yet, in their best judgment, may be repaired.
(b) The owners or users of any weights, measures, or weighing or measuring devices which have been condemned for repairs shall have the same repaired and corrected within 10 days, and they may neither use nor dispose of the same in any way, but shall hold the same at the disposal of the Commissioner of Agriculture and Industries or local sealer of weights and measures. Any weights, measures, or weighing or measuring devices which have been condemned for repairs and have not been repaired as required above shall be confiscated by such commissioner or sealer.
(Ag. Code 1927, §238; Code 1940, T. 2, §597.)
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https://law.justia.com/codes/alabama/title-8/chapter-16/article-1/section-8-16-10/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 1 - General Provisions.›Section 8-16-10 - Seizure for Evidence of Incorrect, False, or Unsealed Weight, Measure, Device, Pac...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 1 - General Provisions. › Section 8-16-10 - Seizure for Evidence of Incorrect, False, or Unsealed Weight, Measure, Device, Package, or Commodity.
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Section 8-16-10
Seizure for evidence of incorrect, false, or unsealed weight, measure, device, package, or commodity.
The Commissioner of Agriculture and Industries or any local sealer of weights and measures is authorized and empowered to seize for use as evidence, without formal warrant, any incorrect, false, or unsealed weight, measure, weighing, or measuring device, package, or amount of commodity found to be used, retained, or offered or exposed for sale, or sold in violation of the law.
(Ag. Code 1927, §239; Code 1940, T. 2, §598.)
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https://law.justia.com/codes/alabama/title-8/chapter-16/article-1/section-8-16-11/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 1 - General Provisions.›Section 8-16-11 - Powers of Sheriff Conferred Upon Commissioner and Sealers; Exhibition of Badges; P...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 1 - General Provisions. › Section 8-16-11 - Powers of Sheriff Conferred Upon Commissioner and Sealers; Exhibition of Badges; Power of Arrest.
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Section 8-16-11
Powers of sheriff conferred upon commissioner and sealers; exhibition of badges; power of arrest.
There is conferred upon the Commissioner of Agriculture and Industries and local sealers of weights and measures the same powers in their respective jurisdictions as are possessed by sheriffs of this state for the purpose of carrying out the provisions of this chapter only. In the exercise of their duties they shall exhibit their badges to any person questioning their authority upon demand. They are authorized and empowered to make arrests of any person violating any provisions of this chapter.
(Ag. Code 1927, §240; Code 1940, T. 2, §599.)
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https://law.justia.com/codes/alabama/title-8/chapter-16/article-1/section-8-16-12/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 1 - General Provisions.›Section 8-16-12 - Possession of Altered, etc., Weight, Measure or Device Prima Facie Evidence of Gui...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 1 - General Provisions. › Section 8-16-12 - Possession of Altered, etc., Weight, Measure or Device Prima Facie Evidence of Guilt.
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Section 8-16-12
Possession of altered, etc., weight, measure or device prima facie evidence of guilt.
In all prosecutions for the violation of any laws relating to weights and measures, the possession of a weight, measure or weighing or measuring device which has been altered, changed or in any manner tampered with so that the same shall give a false or wrong weight or measure in either buying or selling any commodity, thing or service shall be prima facie evidence of the guilt of the person having the same in possession.
(Ag. Code 1927, §244; Code 1940, T. 2, §602.)
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https://law.justia.com/codes/alabama/title-8/chapter-16/article-1/section-8-16-13/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 1 - General Provisions.›Section 8-16-13 - Existence of Weights, Measures or Devices in Place of Sale, etc., Presumptive Proo...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 1 - General Provisions. › Section 8-16-13 - Existence of Weights, Measures or Devices in Place of Sale, etc., Presumptive Proof of Use and Ownership.
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Section 8-16-13
Existence of weights, measures or devices in place of sale, etc., presumptive proof of use and ownership.
For the purposes of this article, proof of the existence of weights, measures or weighing or measuring devices in or about any building, enclosure, stand or vehicle in or from which it is shown buying or selling is commonly carried on shall be presumptive proof of their regular use for such purposes and of their ownership by the person so using or possessing them, and such fact shall be deemed to remain established until disproved beyond reasonable doubt.
(Ag. Code 1927, §263; Code 1940, T. 2, §619.)
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https://law.justia.com/codes/alabama/title-8/chapter-16/article-1/section-8-16-15/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 1 - General Provisions.›Section 8-16-15 - Rules and Regulations; Fees.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 1 - General Provisions. › Section 8-16-15 - Rules and Regulations; Fees.
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Section 8-16-15
Rules and regulations; fees.
(a) The Board of Agriculture and Industries shall have the right and power to adopt and promulgate all reasonable and necessary rules and regulations for the better enforcement of the provisions of law relative to weights and measures and the sale of commodities, things, or service by weight or measure, and to establish a fee payable annually by all individuals or entities subject to this section not to exceed one hundred fifty dollars ($150) for reimbursement of expenses incurred in the enforcement of this section which shall be deposited into the Agricultural Fund of the State Treasury. The annual inspection fee for those individuals and entities utilizing measuring devices measuring 30 pounds or less shall be based upon a sliding scale broken into 5 categories based upon the total dollar volume of each individual or entity with the minimum rate not to exceed twenty-five dollars ($25) and the maximum not to exceed one hundred fifty dollars ($150).
(b) The board shall prescribe specifications as to the type of make-up and reasonable variations or tolerances for all weights, measures, and weighing and measuring devices used, offered, exposed for sale, sold, or given away in the state.
(c) Any weight, measure, or weighing or measuring device which does not comply with these specifications or does not conform with the state's standards within such tolerances shall be a false and incorrect weight, measure, or weighing or measuring device.
(d) The board shall prescribe reasonable rules and regulations for the submission of samples and the examination of type and approval or disapproval of all types of weights or measures or weighing or measuring devices used, offered, or exposed for sale or given away in the state.
(Ag. Code 1927, §259; Code 1940, T. 2, §616; Act 2004-516, p. 996, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-16/article-1/section-8-16-16/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 1 - General Provisions.›Section 8-16-16 - Standards for Containers of Farm Products - Duty to Establish.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 1 - General Provisions. › Section 8-16-16 - Standards for Containers of Farm Products - Duty to Establish.
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Section 8-16-16
Standards for containers of farm products - Duty to establish.
It shall be the duty of the State Board of Agriculture and Industries to fix and promulgate official standards for containers of farm products and to change any of them from time to time as may be found necessary.
(Ag. Code 1927, §260; Code 1940, T. 2, §617.)
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https://law.justia.com/codes/alabama/title-8/chapter-16/article-1/section-8-16-17/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 1 - General Provisions.›Section 8-16-17 - Standards for Containers of Farm Products - Adoption of Federal Standards.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 1 - General Provisions. › Section 8-16-17 - Standards for Containers of Farm Products - Adoption of Federal Standards.
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Section 8-16-17
Standards for containers of farm products - Adoption of federal standards.
The State Board of Agriculture and Industries is authorized to fix and promulgate as the official standards for this state, for any container for any agricultural product, the standard for such product which may have been promulgated or announced therefor under the authority of the Congress of the United States. In carrying out the provisions of this section the Commissioner of Agriculture and Industries is authorized to cooperate with the United States government, or any department thereof, in accomplishing the matters and things referred to in this section.
(Ag. Code 1927, §258; Code 1940, T. 2, §615.)
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https://law.justia.com/codes/alabama/title-8/chapter-16/article-1/section-8-16-18/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 1 - General Provisions.›Section 8-16-18 - Penalties for Violation of Chapter.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 1 - General Provisions. › Section 8-16-18 - Penalties for Violation of Chapter.
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Section 8-16-18
Penalties for violation of chapter.
(a) Any person violating any provision of this chapter or the rules and regulations issued hereunder shall be guilty of a misdemeanor and, upon conviction, unless otherwise provided in this chapter, shall be fined not more than $500 and may also be sentenced to hard labor for not more than six months.
(b) In addition to the criminal penalty provided for in subsection (a), the Board of Agriculture and Industries may adopt a schedule of civil fines for violations of this chapter. All fines collected under this chapter shall be deposited into the Agricultural Fund in the State Treasury.
(Ag. Code 1927, §611; Code 1940, T. 2, §12; Act 2013-212, p. 485, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-16/article-2/section-8-16-30/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 2 - Local Sealers.›Section 8-16-30 - Appointment; Qualifications; Keeping of Standards and Apparatus by Cities and Coun...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 2 - Local Sealers. › Section 8-16-30 - Appointment; Qualifications; Keeping of Standards and Apparatus by Cities and Counties.
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Section 8-16-30
Appointment; qualifications; keeping of standards and apparatus by cities and counties.
(a) The county commission of each county and the mayor or other governing body of any city may appoint for their respective county or city one or more sealers of weights and measures; provided, however, that two or more counties may appoint jointly for their counties a sealer, subject to the approval of the Commissioner of Agriculture and Industries; provided further, that any county and any city within the county may jointly appoint a sealer of weights and measures, subject to the approval of the commissioner.
(b) No person shall be appointed as local sealer of weights and measures until he has received a certificate from the Commissioner of Agriculture and Industries showing that such person had the qualifications required by the State Board of Agriculture and Industries.
(c) All such counties or cities appointing a sealer of weights and measures shall keep at all times, at the expense of the county or city, or both, such standards and apparatus of such material and construction as the Commissioner of Agriculture and Industries may direct. All such standards and apparatus, having been tried and accurately proven, shall be sealed and certified to by the commissioner as provided for in this chapter, and shall be then preserved by the county or city sealer as public standards for such county or city.
(Ag. Code 1927, §233; Code 1940, T. 2, §592.)
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https://law.justia.com/codes/alabama/title-8/chapter-16/article-2/section-8-16-31/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 2 - Local Sealers.›Section 8-16-31 - Term of Office; Salary; Removal; Bond.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 2 - Local Sealers. › Section 8-16-31 - Term of Office; Salary; Removal; Bond.
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Section 8-16-31
Term of office; salary; removal; bond.
(a) Local sealers of weights and measures shall hold office for such terms and receive such salaries as the appointing power may prescribe.
(b) The salary shall be paid out of the county or city treasury, as the case may be, and no fee shall be charged by the local sealer or by the county or city for inspecting, testing or sealing of weights, measures or weighing or measuring devices.
(c) Local sealers may be removed at any time by the authority which appointed them for nonfeasance, misfeasance or malfeasance in office.
(d) The local sealer shall forthwith on his appointment give a bond in such penal sum with such surety as is approved by the appointing power for the faithful performance of the duties of his office.
(Ag. Code 1927, §234; Code 1940, T. 2, §593.)
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https://law.justia.com/codes/alabama/title-8/chapter-16/article-2/section-8-16-32/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 2 - Local Sealers.›Section 8-16-32 - Records and Reports.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 2 - Local Sealers. › Section 8-16-32 - Records and Reports.
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Section 8-16-32
Records and reports.
(a) A local sealer of weights and measures shall keep a complete record of all of his official acts and shall make an annual report duly sworn to on October 1 to the Commissioner of Agriculture and Industries on blanks to be furnished by the commissioner, which report shall be included in the commissioner's general report to the State Board of Agriculture and Industries.
(b) Local sealers shall make such reports to the appointing power as may be designated by the appointing power.
(Ag. Code 1927, §235; Code 1940, T. 2, §594.)
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https://law.justia.com/codes/alabama/title-8/chapter-16/article-3/division-1/section-8-16-50/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 3 - Weighmasters.›Division 1 - General Provisions.›Section 8-16-50 - Appointment; Oath; Certificate of Appointment.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 3 - Weighmasters. › Division 1 - General Provisions. › Section 8-16-50 - Appointment; Oath; Certificate of Appointment.
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Section 8-16-50
Appointment; oath; certificate of appointment.
(a) Any person engaged in the business of weighing for hire who shall weigh or measure any commodity, produce or article and issue therefor a weight certificate which shall be accepted as the accurate weight upon which the purchase or sale of such commodity, produce or article is based shall be known as a public weighmaster. All public weighmasters shall be appointed by the Commissioner of Agriculture and Industries.
(b) Persons not engaged in the business of weighing for hire, but to whom the services of a certified weigher are necessary for the proper conduct of any business in which they may be engaged, may, upon application to the commissioner, have one or more of their employees, or some other suitable person, designated by the commissioner to act as weighmaster for such persons.
(c) Each weighmaster shall make oath faithfully to execute his trust as a weighmaster before entering upon his duties.
(d) The Commissioner of Agriculture and Industries shall issue a certificate of such appointment or designation and shall keep a record of the same.
(Ag. Code 1927, §256; Code 1940, T. 2, §621.)
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https://law.justia.com/codes/alabama/title-8/chapter-16/article-3/division-1/section-8-16-51/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 3 - Weighmasters.›Division 1 - General Provisions.›Section 8-16-51 - Rules and Regulations; Fees.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 3 - Weighmasters. › Division 1 - General Provisions. › Section 8-16-51 - Rules and Regulations; Fees.
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Section 8-16-51
Rules and regulations; fees.
(a) The term of appointment for weighmasters shall be for one year.
(b) A fee established by the Board of Agriculture and Industries not to exceed one hundred dollars ($100), which shall accrue to the Agricultural Fund, shall be paid to the Commissioner of Agriculture and Industries by each person appointed or designated as weighmaster.
(c) Provided, however, any weighmaster whose term of appointment has not expired on or after July 30, 1979, shall not be required to pay the increased permit fee during such term.
(Ag. Code 1927, §274; Code 1940, T. 2, §630; Acts 1979, No. 79-612, p. 1083; Act 2004-516, p. 996, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-16/article-3/division-1/section-8-16-52/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 3 - Weighmasters.›Division 1 - General Provisions.›Section 8-16-52 - Bond.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 3 - Weighmasters. › Division 1 - General Provisions. › Section 8-16-52 - Bond.
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Section 8-16-52
Bond.
Repealed by Act 2012-399, §1, effective May 14, 2012.
(Ag. Code 1927, §275; Code 1940, T. 2, §631.)
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https://law.justia.com/codes/alabama/title-8/chapter-16/article-3/division-1/section-8-16-53/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 3 - Weighmasters.›Division 1 - General Provisions.›Section 8-16-53 - Rights and Duties; Compensation Not to Be Paid by State.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 3 - Weighmasters. › Division 1 - General Provisions. › Section 8-16-53 - Rights and Duties; Compensation Not to Be Paid by State.
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Section 8-16-53
Rights and duties; compensation not to be paid by state.
The rights and duties of all weighmasters shall be prescribed by the Commissioner of Agriculture and Industries with the approval of the State Board of Agriculture and Industries. Such weighmasters shall not receive compensation from the state for the duties so performed.
(Ag. Code 1927, §266; Code 1940, T. 2, §622.)
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https://law.justia.com/codes/alabama/title-8/chapter-16/article-3/division-1/section-8-16-54/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 3 - Weighmasters.›Division 1 - General Provisions.›Section 8-16-54 - Seal.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 3 - Weighmasters. › Division 1 - General Provisions. › Section 8-16-54 - Seal.
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Section 8-16-54
Seal.
(a) It shall be the duty of every weighmaster in this state to provide himself with a seal at his own expense which shall have inscribed on the outer margin thereof his name and the word "Alabama," with the words "Public Weigher" inscribed in the center of such seal.
(b) Such seal shall be impressed upon each and every weight certificate issued by such weighmaster, and such seal, when applied to weight certificates, shall be a recognized authority of accuracy.
(Ag. Code 1927, §268; Code 1940, T. 2, §624.)
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https://law.justia.com/codes/alabama/title-8/chapter-16/article-3/division-1/section-8-16-55/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 3 - Weighmasters.›Division 1 - General Provisions.›Section 8-16-55 - Records.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 3 - Weighmasters. › Division 1 - General Provisions. › Section 8-16-55 - Records.
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Section 8-16-55
Records.
All public weighmasters shall keep and preserve correct and accurate records of all public weighings as provided by this article, which records shall be open at all times for inspection by the Commissioner of Agriculture and Industries or his assistants.
(Ag. Code 1927, §269; Code 1940, T. 2, §625.)
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https://law.justia.com/codes/alabama/title-8/chapter-16/article-3/division-1/section-8-16-56/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 3 - Weighmasters.›Division 1 - General Provisions.›Section 8-16-56 - Weight Certificate Form; Certificate Deemed Prima Facie Evidence of Weight.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 3 - Weighmasters. › Division 1 - General Provisions. › Section 8-16-56 - Weight Certificate Form; Certificate Deemed Prima Facie Evidence of Weight.
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Section 8-16-56
Weight certificate form; certificate deemed prima facie evidence of weight.
(a) The Commissioner of Agriculture and Industries shall prescribe the form of weight certificate to be used by all public weighmasters in this state.
(b) Such certificate shall state thereon the kind of commodity, produce or article, the number of units of the same, the date of the receipt of the commodity, produce or article, the owner, agent or consignee, the total weight of the commodity, produce or article, the vessel, railroad, team, truck or other means by which the commodity, produce or article was received, any trade or other mark thereon and such other information as may be necessary to distinguish or identify the commodity, produce or article from a like kind.
(c) No certificate other than the one prescribed in this section shall be used by any public weighmaster in this state, and when so made and properly signed, such certificates shall be a prima facie evidence of such weights.
(Ag. Code 1927, §267; Code 1940, T. 2, §623.)
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https://law.justia.com/codes/alabama/title-8/chapter-16/article-3/division-1/section-8-16-57/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 3 - Weighmasters.›Division 1 - General Provisions.›Section 8-16-57 - Certificates to Contain Accurate Weight.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 3 - Weighmasters. › Division 1 - General Provisions. › Section 8-16-57 - Certificates to Contain Accurate Weight.
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Section 8-16-57
Certificates to contain accurate weight.
All certificates of weights and measures, as provided by this article, shall contain the accurate and correct weight of any and all commodities weighed when issued by the public weighmaster.
(Ag. Code 1927, §270; Code 1940, T. 2, §626.)
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https://law.justia.com/codes/alabama/title-8/chapter-16/article-3/division-1/section-8-16-58/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 3 - Weighmasters.›Division 1 - General Provisions.›Section 8-16-58 - Reweighing of Certified Commodity, Produce or Article.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 3 - Weighmasters. › Division 1 - General Provisions. › Section 8-16-58 - Reweighing of Certified Commodity, Produce or Article.
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Section 8-16-58
Reweighing of certified commodity, produce or article.
When doubt or differences arise as to the correctness of the net or gross weight of any amount or part of any commodity, produce or article for which a certificate of weights and measures has been issued by a public weighmaster, the owner, agent or consignee, upon complaint to the Commissioner of Agriculture and Industries or his assistants, may have such amount or part of the amount of any commodity, produce or article reweighed by the commissioner, his assistants or a public weighmaster designated by him, the services for which reweigh, when performed by the commissioner or his assistants, shall be gratis.
(Ag. Code 1927, §273; Code 1940, T. 2, §629.)
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https://law.justia.com/codes/alabama/title-8/chapter-16/article-3/division-1/section-8-16-59/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 3 - Weighmasters.›Division 1 - General Provisions.›Section 8-16-59 - False Certificates.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 3 - Weighmasters. › Division 1 - General Provisions. › Section 8-16-59 - False Certificates.
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Section 8-16-59
False certificates.
Any weighmaster who shall issue a certificate of weights and measures giving a false weight or measure of any article or commodity weighed or measured by him or his representative to any person shall be guilty of a misdemeanor. In addition thereto, he shall forfeit his certificate as weighmaster, which certificate, when so forfeited, shall be turned over to the Commissioner of Agriculture and Industries.
(Ag. Code 1927, §271; Code 1940, T. 2, §627.)
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https://law.justia.com/codes/alabama/title-8/chapter-16/article-3/division-2/section-8-16-70/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 3 - Weighmasters.›Division 2 - State and Federal Employees.›Section 8-16-70 - Appointment.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 3 - Weighmasters. › Division 2 - State and Federal Employees. › Section 8-16-70 - Appointment.
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Section 8-16-70
Appointment.
(a) The Commissioner of Agriculture and Industries is authorized to designate and appoint any competent employee or agent of the State Department of Agriculture and Industries or United States Department of Agriculture to weigh or supervise the weighing of any agricultural commodities which are to be sold on the basis of weight; and such employees or agents so appointed may be designated or appointed by the commissioner as public weighmasters; provided, that such employees or agents shall comply with all of the provisions of this article required for the appointment of weighmasters.
(b) Weight certificates issued by such employees appointed under this section shall be issued in accordance with the provisions and requirements of this article governing public weighmasters.
(Acts 1956, 2nd Ex. Sess., No. 25, p. 295, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-16/article-3/division-2/section-8-16-71/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 3 - Weighmasters.›Division 2 - State and Federal Employees.›Section 8-16-71 - Fees and Charges for Weighing Agricultural Commodities; Disposition of Collected A...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 3 - Weighmasters. › Division 2 - State and Federal Employees. › Section 8-16-71 - Fees and Charges for Weighing Agricultural Commodities; Disposition of Collected Amounts.
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Section 8-16-71
Fees and charges for weighing agricultural commodities; disposition of collected amounts.
The Commissioner of Agriculture and Industries, with the approval of the State Board of Agriculture and Industries, may fix, assess and collect, or cause to be collected, fees and charges for weighing services furnished by the Department of Agriculture and Industries through services furnished by duly appointed weighmasters as authorized under Section 8-16-70, and all amounts collected therefor shall be deposited into the Shipping Point Inspection Fund of the State Treasury. No amounts collected under this section shall accrue or be paid to the employee or agent of the Department of Agriculture and Industries, as all such amounts are required to be deposited into the State Treasury to the credit of the Shipping Point Inspection Fund.
(Acts 1956, 2nd Ex. Sess., No. 25, p. 295, §2.)
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https://law.justia.com/codes/alabama/title-8/chapter-16/article-3/division-2/section-8-16-72/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 3 - Weighmasters.›Division 2 - State and Federal Employees.›Section 8-16-72 - Rules and Regulations for Weighing Agricultural Commodities.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 3 - Weighmasters. › Division 2 - State and Federal Employees. › Section 8-16-72 - Rules and Regulations for Weighing Agricultural Commodities.
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Section 8-16-72
Rules and regulations for weighing agricultural commodities.
The Commissioner of Agriculture and Industries, with the approval of the State Board of Agriculture and Industries, may adopt and promulgate reasonable rules and regulations to carry out the provisions of this division, to the end that persons, firms, corporations, or associations may be furnished with accurate weighing services by the Department of Agriculture and Industries where such services are required for the sale of agricultural commodities.
(Acts 1956, 2nd Ex. Sess., No. 25, p. 295, §3.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 4 - Miscellaneous Regulations.›Section 8-16-90 - Prohibited Acts Generally.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 4 - Miscellaneous Regulations. › Section 8-16-90 - Prohibited Acts Generally.
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Section 8-16-90
Prohibited acts generally.
Any person who, by himself or his servant or agent, or as the servant or agent of another person, shall offer or expose for sale, sell, use in the buying or selling of any commodity or thing or for hire or reward or in the computation of any charge for services rendered on the basis of weight or measure when a charge is made for such determination, retain in his possession a false weight or measure or weighing or measuring device or any tool or appliance used in connection therewith which has not been sealed by the Commissioner of Agriculture and Industries or by a local sealer of weights and measures within one year, shall dispose of any condemned weight, measure or weighing or measuring device contrary to law, remove any tag placed thereon by the commissioner or a local sealer, who shall sell or offer or expose for sale less than the quantity he represents of any commodity, thing or service, shall take or attempt to take more than the quantity he represents when as the buyer he furnishes the weight, measure or weighing or measuring device by means of which the amount of any commodity, thing or service is determined, who shall keep for the purpose of sale, offer, expose for sale or sell any commodity in a manner contrary to law, who shall violate any provision of this chapter for which a specific penalty has not been provided or who shall sell, offer or expose for sale or use or have in his possession for the purpose of using or selling any device or instrument to be used to, or calculated to, falsify any weight or measure, shall be guilty of a misdemeanor.
(Ag. Code 1927, §243; Code 1940, T. 2, §601.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 4 - Miscellaneous Regulations.›Section 8-16-91 - Net Weight of Commodity Basis for Sales by Weight.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 4 - Miscellaneous Regulations. › Section 8-16-91 - Net Weight of Commodity Basis for Sales by Weight.
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Section 8-16-91
Net weight of commodity basis for sales by weight.
Whenever any commodity, other than bale cotton, is sold on a basis of weight, it shall be unlawful to employ any other weight in such sale than the net weight of the commodity; and all contracts concerning goods sold on a basis of weight shall be understood and construed accordingly. Whenever the "weight" of a commodity is mentioned in this chapter, it shall be understood and construed to mean the net weight of the commodity.
(Ag. Code 1927, §262; Code 1940, T. 2, §618.)
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https://law.justia.com/codes/alabama/title-8/chapter-16/article-4/section-8-16-93/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 4 - Miscellaneous Regulations.›Section 8-16-93 - Net Quantities of Contents of Packages to Be Marked on Outside.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 4 - Miscellaneous Regulations. › Section 8-16-93 - Net Quantities of Contents of Packages to Be Marked on Outside.
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Section 8-16-93
Net quantities of contents of packages to be marked on outside.
(a) It shall be unlawful to keep for the purpose of sale, offer or expose for sale or sell any commodity in package form unless the net quantity of the contents is plainly and conspicuously marked on the outside of the package in terms of weight, measure or numerical count; provided, however, that reasonable variations or tolerances shall be permitted, and that these reasonable variations and tolerances shall be established by rules and regulations made and promulgated by the State Board of Agriculture and Industries; and provided further, that this section shall not be construed to apply to those commodities in package form, the manner of sale of which is specifically regulated by the provisions of other sections of this chapter.
(b) The words "in package form," as used in this section, shall be construed to include a commodity in a package, carton, case, can, box, barrel, bottle, phial or other receptacle or in coverings or wrappings of any kind put up by the manufacturer, or put up prior to the order of the commodity by the vendor, which may be labeled, branded, stenciled or otherwise marked or which may be suitable for labeling, branding, stenciling or marking otherwise, making one complete package of the commodity. The words "in package form" shall be construed to include both the wholesale and the retail package. "Package," as used in this section, does not include any container in which are packed or contained packages of a smaller size of a commodity, but the provisions of this section apply only to the container directly including the commodity.
(Ag. Code 1927, §§255, 256; Code 1940, T. 2, §§612, 613.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 4 - Miscellaneous Regulations.›Section 8-16-94 - Weight per Bushel or Barrel of Certain Commodities Established by Custom of Market...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 4 - Miscellaneous Regulations. › Section 8-16-94 - Weight per Bushel or Barrel of Certain Commodities Established by Custom of Marketplace; Commissioner of Agriculture and Industries Authorized to Promulgate Rules Concerning Weights per Bushel or Barrel.
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Section 8-16-94
Weight per bushel or barrel of certain commodities established by custom of marketplace; Commissioner of Agriculture and Industries authorized to promulgate rules concerning weights per bushel or barrel.
(a) Whenever any commodities shall be sold or delivered and no special written contract or agreement shall be made to the contrary, if sold or authorized to be sold by the bushel or barrel, said bushel or barrel of such commodities shall be the weight per bushel or barrel as is generally recognized and accepted in the marketplace, and the fractional part of the bushel or barrel shall be the corresponding fractional part of the weight per bushel or barrel as is generally recognized and accepted in the marketplace for such commodity.
(b) All such commodities shall be bought or sold by actual weight unless otherwise agreed to in writing between the seller and buyer; provided, however, that any of such commodities may be sold by numerical count; and provided further, that turnips, kale, mustard and spinach salad and other vegetables customarily sold by the bunch may be sold by the bunch.
(c) The Commissioner of Agriculture and Industries, as provided under the provisions of Section 2-2-16, is authorized and empowered to promulgate rules and regulations concerning minimum weights per bushel or barrel or other type container for the sale of commodities, as is needed for the standardization of the sale of such commodities in the marketplace.
(Ag. Code 1927, §246; Code 1940, T. 2, §604; Acts 1980, No. 80-759, p. 1584.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 4 - Miscellaneous Regulations.›Section 8-16-95 - Milk and Cream Bottles and Containers - Capacities; Markings; Bond Required of Man...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 4 - Miscellaneous Regulations. › Section 8-16-95 - Milk and Cream Bottles and Containers - Capacities; Markings; Bond Required of Manufacturers.
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Section 8-16-95
Milk and cream bottles and containers - Capacities; markings; bond required of manufacturers.
(a) Bottles or other containers used for the sale of milk or cream shall be of the capacity of one gallon, three quarts, one-half gallon, one quart, one-third quart, one pint, one-half pint, and one gill.
(b) Each bottle or other container used for the sale of milk or cream shall be clearly and permanently marked with its capacity and with the word "sealed." For purposes of identification, such bottles and other containers shall also have clearly and permanently marked thereon the name, initials or trademark of the manufacturer and the manufacturer's mold designation which identifies the pattern or design of the bottles. The capacity designation and the word "sealed" shall be clearly and permanently marked on the side of the bottle or container.
(c) A bond of $1,000, with surety to be approved by the Commissioner of Agriculture and Industries, together with a complete description of the bottle or container, shall be furnished the commissioner by the manufacturer, conditioned upon their conformance with the requirements of this section and such regulations as may be promulgated by the State Board of Agriculture and Industries for the purposes of this section. A record of the bonds furnished and identification shall be kept in the office of the commissioner.
(Ag. Code 1927, §248; Code 1940, T. 2, §606; Acts 1951, No. 123, p. 352; Acts 1967, No. 431, p. 1100.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 4 - Miscellaneous Regulations.›Section 8-16-96 - Milk and Cream Bottles and Containers - Penalty for Selling or Using Noncomplying...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 4 - Miscellaneous Regulations. › Section 8-16-96 - Milk and Cream Bottles and Containers - Penalty for Selling or Using Noncomplying Containers.
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Section 8-16-96
Milk and cream bottles and containers - Penalty for selling or using noncomplying containers.
(a) Any manufacturer or dealer who sells, or offers to sell, milk or cream bottles or containers to be used in the state that do not comply as to size and marking with the provisions of this article shall suffer a penalty of $500, to be recovered by the Attorney General in an action against the offender's bondsman, to be brought in the name of the state in the Circuit Court of Montgomery County, Alabama.
(b) Any dealer who offers for sale, or who uses for the purpose of selling, milk or cream jars, bottles or containers that do not comply with the requirements of this article as to markings and capacity shall be guilty of offering for sale or using a false or insufficient measure.
(Ag. Code 1927, §249; Acts 1935, No. 13, p. 12; Code 1940, T. 2, §607.)
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https://law.justia.com/codes/alabama/title-8/chapter-16/article-4/section-8-16-97/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 4 - Miscellaneous Regulations.›Section 8-16-97 - Milk and Cream Bottles and Containers - Duties of Sealers.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 4 - Miscellaneous Regulations. › Section 8-16-97 - Milk and Cream Bottles and Containers - Duties of Sealers.
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Section 8-16-97
Milk and cream bottles and containers - Duties of sealers.
Local sealers of weights and measures are not required to seal bottles or containers for milk or cream marked as provided in this article; but they shall have the power to, and shall from time to time, make tests on individual bottles or containers in order to ascertain if the provisions of this article are being complied with, and they shall immediately report violations found to the Commissioner of Agriculture and Industries.
(Ag. Code 1927, §250; Code 1940, T. 2, §608.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 4 - Miscellaneous Regulations.›Section 8-16-98 - Coal, Coke, or Charcoal - Sale by Weight; "Ton" Defined; Restriction on Liquid Sub...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 4 - Miscellaneous Regulations. › Section 8-16-98 - Coal, Coke, or Charcoal - Sale by Weight; "Ton" Defined; Restriction on Liquid Substances in Coal, Coke, or Charcoal.
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Section 8-16-98
Coal, coke, or charcoal - Sale by weight; "ton" defined; restriction on liquid substances in coal, coke, or charcoal.
(a) It shall be unlawful to sell, or offer to sell, any coal, coke, or charcoal in any other manner than by weight. When sold by the ton, 2,000 pounds avoirdupois shall be the weight of the ton.
(b) No coal, charcoal or coke shall be sold at retail which contained, at the time the weight was taken, more water or other liquid substance than is due to natural conditions, weather conditions or causes incident to the mining, cleaning, or handling of the coal, charcoal, or coke, except by and with the consent of the purchaser.
(Ag. Code 1927, §252; Code 1940, T. 2, §610.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 4 - Miscellaneous Regulations.›Section 8-16-99 - Coal, Coke, or Charcoal - Delivery Tickets.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 4 - Miscellaneous Regulations. › Section 8-16-99 - Coal, Coke, or Charcoal - Delivery Tickets.
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Section 8-16-99
Coal, coke, or charcoal - Delivery tickets.
(a) It shall be unlawful for any person to deliver any coal, coke, or charcoal without such delivery being accompanied by a delivery ticket and a duplicate thereof, on each of which shall be marked clearly and distinctly the gross weight of the load expressed in pounds, the tare of the delivery vehicle and the quantity or quantities of coal, coke, or charcoal contained in the vehicle used in such deliveries, the name of the purchaser and the name of the dealer from whom purchased.
(b) Such ticket shall be surrendered to the Commissioner of Agriculture and Industries or local sealer of weights and measures upon his demand for his inspection, and if he desires to retain this ticket he shall return a duplicate ticket. The original or duplicate ticket shall be delivered to the purchaser of the coal, coke, or charcoal, or his agent, at the time of the delivery of the fuel and the other ticket shall be retained by the seller of the fuel.
(Ag. Code 1927, §253; Code 1940, T. 2, §611.)
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https://law.justia.com/codes/alabama/title-8/chapter-16/article-4/section-8-16-100/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 4 - Miscellaneous Regulations.›Section 8-16-100 - Coal, Coke, or Charcoal - Weighing of Coal at Time of Purchase at Request of Purc...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 4 - Miscellaneous Regulations. › Section 8-16-100 - Coal, Coke, or Charcoal - Weighing of Coal at Time of Purchase at Request of Purchaser.
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Section 8-16-100
Coal, coke, or charcoal - Weighing of coal at time of purchase at request of purchaser.
When a dealer or dealers in coal in cities or towns where public sales are kept may be requested by a person or persons buying as much as 500 pounds of coal at any one time to weigh such coal upon the public scales, such dealer or dealers shall do so. The person or persons buying the coal shall pay the fee for weighing the same if such is of proper weight; otherwise, such fee shall be paid by the dealer. Any dealer refusing to weigh or to have weighed such coal as required in this section or to pay such fee for weighing the same as required by this section shall be guilty of a misdemeanor.
(Ag. Code 1927, §251; Code 1940, T. 2, §609.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 4 - Miscellaneous Regulations.›Section 8-16-101 - Fruit, Nuts, Vegetables and Grain to Be Sold by Avoirdupois Weight or Numerical C...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 4 - Miscellaneous Regulations. › Section 8-16-101 - Fruit, Nuts, Vegetables and Grain to Be Sold by Avoirdupois Weight or Numerical Count.
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Section 8-16-101
Fruit, nuts, vegetables and grain to be sold by avoirdupois weight or numerical count.
(a) Except as otherwise provided in this article or when sold in the original standard container, all fruit, nuts, vegetables and grain shall be sold at retail by avoirdupois weight or numerical count.
(b) The words "original standard container," as used in this section, shall mean and include only barrels, boxes, baskets, hampers or similar containers, the dimensions or capacity of which are established by regulations of the State Board of Agriculture and Industries, the contents of which have not been removed or repacked by the retailer and upon which is plainly and conspicuously marked the net quantity of the contents thereof in terms of weight, measure or numerical count.
(c) This section shall not apply to the sale by the bunch of fresh beets, onions, turnips, carrots and other similar vegetables usually and customarily sold by the bunch.
(Ag. Code 1927, §257; Code 1940, T. 2, §614.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 4 - Miscellaneous Regulations.›Section 8-16-102 - Cornmeal and Grits to Be Sold in Five to 200 Pound Packages; Exceptions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 4 - Miscellaneous Regulations. › Section 8-16-102 - Cornmeal and Grits to Be Sold in Five to 200 Pound Packages; Exceptions.
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Section 8-16-102
Cornmeal and grits to be sold in five to 200 pound packages; exceptions.
(a) No person shall sell, offer for sale, expose for sale, have in possession with intent to sell, pack or deliver in this state cornmeal or grits in packages of sizes other than five pounds, 10 pounds, 25 pounds, 50 pounds, 100 pounds and 200 pounds; provided, that any person may weigh and sell from bulk cornmeal or grits any number of pounds desired by a customer on order and provided further, that any person may sell, offer for sale, expose for sale, have in possession with intent to sell, pack or deliver in this state cornmeal or grits in weight packages weighing less than five pounds.
(b) For the purpose of this section, the term "cornmeal" shall be deemed to include all products in the form of meal or grits derived from corn, with or without additional processing, such as bolting, degerming or refining, and all mixtures of same with chemicals and other modifying agents.
(Ag. Code 1927, §§99, 100; Code 1940, T. 2, §§134, 135; Acts 1945, No. 284, p. 471, §§1, 2.)
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https://law.justia.com/codes/alabama/title-8/chapter-16/article-4/section-8-16-103/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 4 - Miscellaneous Regulations.›Section 8-16-103 - Flour to Be Sold in Packages of Five to 200 Pounds; Exceptions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 4 - Miscellaneous Regulations. › Section 8-16-103 - Flour to Be Sold in Packages of Five to 200 Pounds; Exceptions.
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Section 8-16-103
Flour to be sold in packages of five to 200 pounds; exceptions.
(a) No person shall sell, offer for sale, expose for sale, have in possession with intent to sell, pack or deliver in this state flour in packages of sizes other than five pounds, 10 pounds, 25 pounds, 50 pounds, 100 pounds and 200 pounds; provided, that any person may weigh and sell from bulk flour any number of pounds desired by a customer on order; and provided further, that any person may sell, offer for sale, expose for sale, have in possession with intent to sell, pack or deliver in this state flour in weight packages weighing less than five pounds.
(b) The provisions of this section shall not apply to the sale of flour to commercial bakers or blenders or for export in containers of more than 100 pounds.
(c) For the purpose of this section, the term "flour" shall include flours derived from cereals or other vegetable sources and mixtures of the same with or without added chemicals or other modifying agents.
(Ag. Code 1927, §§104, 105; Acts 1935, No. 13, p. 12; Code 1940, T. 2, §§301, 302; Acts 1945, No. 284, p. 471, §§3, 4.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 4 - Miscellaneous Regulations.›Section 8-16-104 - Sale of Ice Regulated.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 4 - Miscellaneous Regulations. › Section 8-16-104 - Sale of Ice Regulated.
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Section 8-16-104
Sale of ice regulated.
(a) It shall be unlawful for any person, firm or corporation to sell ice in any other manner than by weight.
(b) All ice shall be correctly weighed by the seller at the time of delivery to the purchaser. All agents or employees of any person, firm or corporation engaged in the sale and delivery of ice shall be provided with suitable and correct weighing devices to be used for the purpose of correctly weighing each piece of ice delivered.
(c) It shall be unlawful for any such agent or employee to report or make a charge for any quantity of ice in excess of the quantity in pounds, or fraction thereof, actually delivered according to the weight thereof. It shall be unlawful for any person, firm or corporation delivering ice to refuse, on demand, to allow the purchaser to witness the weighing of the same at the time of delivery, or to refuse, on demand, to furnish the purchaser with a weight slip at the time of delivery containing the name of the person, firm or corporation selling the ice, the number of pounds sold and signed by the agent or employee of such person, firm or corporation.
(d) Whoever, being engaged in the business of selling ice at retail and not engaged in the delivery of the same under a contract, refuses to sell from any place or vehicle engaged in the regular distribution of ice at retail a piece of ice at the fair value thereof to any person other than an ice dealer shall, if such person tenders in payment the fair value thereof in the amount of $.05 or any multiple thereof not more than $.50 in legal money of the United States, be guilty of a misdemeanor.
(Ag. Code 1927, §247; Code 1940, T. 2, §605.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 4 - Miscellaneous Regulations.›Section 8-16-105 - Sale of Oil at Retail Regulated.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 4 - Miscellaneous Regulations. › Section 8-16-105 - Sale of Oil at Retail Regulated.
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Section 8-16-105
Sale of oil at retail regulated.
Any person engaged in the business of the sale of oil at retail shall use a standard liquid measure, which measure shall not be a larger capacity than the amount of the purchase by any purchaser; provided, however, that this section shall not prevent the use of a correct liquid-measuring device when so located and disposed as to be clearly visible to and readable by the customer from any position which he may reasonably be expected to assume.
(Ag. Code 1927, §264; Code 1940, T. 2, §620.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 4 - Miscellaneous Regulations.›Section 8-16-106 - Requesting False or Incorrect Weighing or Certificate; Unauthorized Issuance of C...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 4 - Miscellaneous Regulations. › Section 8-16-106 - Requesting False or Incorrect Weighing or Certificate; Unauthorized Issuance of Certificate.
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Section 8-16-106
Requesting false or incorrect weighing or certificate; unauthorized issuance of certificate.
Any person, firm or corporation who shall request a weighmaster to weigh any product, commodity or article falsely or incorrectly or who shall request a false or incorrect certificate of weight or measure and any person issuing a certificate of weights and measures who is not a weighmaster as provided for in this chapter shall be guilty of a misdemeanor.
(Ag. Code 1927, §272; Code 1940, T. 2, §628.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 4 - Miscellaneous Regulations.›Section 8-16-107 - Operating Weighing or Measuring Device Other Than as Intended.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 4 - Miscellaneous Regulations. › Section 8-16-107 - Operating Weighing or Measuring Device Other Than as Intended.
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Section 8-16-107
Operating weighing or measuring device other than as intended.
It shall be unlawful for any person to operate any weighing or measuring device in any other manner than that which would be a regular and intended method of operation by the manufacturer, as is evidenced by the make-up of the device itself as being the proper method of operation.
(Ag. Code 1927, §277; Code 1940, T. 2, §633.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 5 - Registered Commercial Weighing and Measuring Technicians.›Section 8-16-120 - Registration Authorized; Purpose.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 5 - Registered Commercial Weighing and Measuring Technicians. › Section 8-16-120 - Registration Authorized; Purpose.
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Section 8-16-120
Registration authorized; purpose.
For the benefit of users, manufacturers and distributors of commercial weighing and measuring devices used in selling commodities, things or service by weight or measure, the Commissioner of Agriculture and Industries is empowered to register certain persons skilled in repairing, servicing or installing said devices. Service persons or scale mechanics that become registered may remove condemnation tags placed on weighing and measuring devices by the Commissioner of Agriculture and Industries or local sealers, for the purpose of repair. The removal of condemnation tags by registered service persons or scale mechanics for the specific purpose of repairing devices shall not constitute a violation of Section 8-16-90, but the removal of said tags by registered service persons or scale mechanics for purposes other than repair shall constitute a violation of Section 8-16-90.
(Acts 1984, No. 84-256, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 5 - Registered Commercial Weighing and Measuring Technicians.›Section 8-16-121 - Registration Requirements; Fees.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 5 - Registered Commercial Weighing and Measuring Technicians. › Section 8-16-121 - Registration Requirements; Fees.
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Section 8-16-121
Registration requirements; fees.
Only those natural persons who demonstrate to the satisfaction of the Commissioner of Agriculture and Industries their skill in repairing, servicing, or installing, weighing and measuring devices may be registered. The commissioner, under the provisions of Section 2-2-16, may promulgate rules and regulations and establish fees not to exceed one hundred dollars ($100) for the reimbursement of costs and expenses of registration which are reasonable and necessary to include necessary skills, standards, procedures, and equipment which a registrant must meet and follow to accomplish the evident purpose and intent of this law.
(Acts 1984, No. 84-256, p. 421, §2; Act 2004-516, p. 996, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 5 - Registered Commercial Weighing and Measuring Technicians.›Section 8-16-122 - Registration Period; Renewal; Fee; Testing; Identification; Penalty.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 5 - Registered Commercial Weighing and Measuring Technicians. › Section 8-16-122 - Registration Period; Renewal; Fee; Testing; Identification; Penalty.
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Section 8-16-122
Registration period; renewal; fee; testing; identification; penalty.
Registration of service persons and scale mechanics shall be for a period of 12 months, and shall be renewed each year. An annual fee established by the Board of Agriculture and Industries not to exceed one hundred dollars ($100), to be paid into the Agricultural Fund, shall accompany each initial request for registration or each renewal thereof. Application forms for registration or renewal, and testing shall be furnished and administered by the Commissioner of Agriculture and Industries. The commissioner shall also furnish appropriate identification to persons registered as service persons or scale mechanics. Any person removing condemnation tags placed on weighing and measuring devices by the Commissioner of Agriculture and Industries or local sealers, even for purposes of repair, during any time the person's registration may have expired due to failure to renew, shall be considered a violation of Section 8-16-90.
(Acts 1984, No. 84-256, p. 421, §3; Act 2004-516, p. 996, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-16/article-5/section-8-16-123/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 16 - Weights and Measures.›Article 5 - Registered Commercial Weighing and Measuring Technicians.›Section 8-16-123 - Revocation, Suspension, etc., of Registration; Grounds; Notice; Appeal.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 16 - Weights and Measures. › Article 5 - Registered Commercial Weighing and Measuring Technicians. › Section 8-16-123 - Revocation, Suspension, etc., of Registration; Grounds; Notice; Appeal.
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Section 8-16-123
Revocation, suspension, etc., of registration; grounds; notice; appeal.
The commissioner may revoke, suspend or refuse to renew the registration of service persons or scale mechanics if he determines that the person has failed to abide by the rules and regulations promulgated under this law or has removed a condemnation tag, for purpose other than that of repair, or no longer qualifies under the above rules and regulations. The taking of unfair advantage of an owner of a weighing or measuring device or unsatisfactory work in repairing said devices shall also constitute grounds for refusing to register, revocation, suspension or nonrenewal of the registration.
The Commissioner of Agriculture and Industries shall give at least 10-days' written notice by certified mail to the concerned person prior to refusing to register, revocation, suspension or nonrenewal of the registration. The notice shall set out the specific grounds under which the action was taken. The registrant or proposed registrant, after receiving notification as set out above, may request a hearing before the commissioner. This request must be in writing and be received by the commissioner within 10 days after receiving notice of the commissioner's intended action. If the written request for a hearing is received within the 10-day period, the commissioner shall stay his intended action pending the outcome of the hearing. Any adverse ruling at this hearing is appealable to the State Board of Agriculture and Industries provided notice of appeal to the board is given in writing to the commissioner within 10 days after receiving written notice of an adverse ruling. The hearing before the State Board of Agriculture and Industries shall follow the proceedings affecting licensees under the Alabama Administrative Procedures Act (§41-22-1 et seq.).
(Acts 1984, No. 84-256, §4.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 17 - Regulation of Certain Goods and Products.›Article 1 - Brake Fluid.›Section 8-17-1 - Definitions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 1 - Brake Fluid. › Section 8-17-1 - Definitions.
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Section 8-17-1
Definitions.
For the purpose of this article, the following words shall have the meanings respectively ascribed to them by this section:
(1) COMMISSIONER. The Commissioner of Agriculture and Industries.
(2) PERSON. Any individual, partnership, firm, corporation or association.
(3) BRAKE FLUID. Any and all substances, liquids, or preparations used or intended for use as a brake medium or to be added to a brake fluid in the braking system of any motor vehicle for use in hydraulic brakes.
(4) PACKAGE. The immediate container in which the brake fluid is packed for sale but does not include a carton or wrapping containing several packages, nor a tank car or truck.
(Acts 1959, No. 30, p. 433, §1.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 17 - Regulation of Certain Goods and Products.›Article 1 - Brake Fluid.›Section 8-17-2 - Registration and Permit for Sale or Distribution.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 1 - Brake Fluid. › Section 8-17-2 - Registration and Permit for Sale or Distribution.
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Section 8-17-2
Registration and permit for sale or distribution.
(a) Before any brake fluid shall be sold, offered for sale, kept for sale or distributed in the State of Alabama, the manufacturer, packer, or distributor thereof shall register the product with the Commissioner of Agriculture and Industries and obtain a permit authorizing the sale of the product.
(b) Applications for registration and permits upon forms furnished by the Commissioner of Agriculture and Industries shall contain:
(1) Name, address, and location of the applicant's brake fluid manufacturing company, packing or distributing establishment and the address of applicant's sales office, if any, in the State of Alabama.
(2) The brand name of the brake fluid which the applicant proposes to offer for sale or distribution in the State of Alabama.
(3) A copy of the label or brand which will be affixed to or imprinted upon packages in which brake fluid will be sold, offered for sale or distribution.
(4) A copy of the standards or specifications of the brake fluid, together with such other information as may be required by the commissioner which is necessary for the enforcement of the provisions of this article.
(c) Registration of a brake fluid as required hereunder shall be renewable annually on or before January 1 of each year, and the permit authorizing sale thereof shall be renewable annually on or before that date.
(d) The annual registration fee for each brand of brake fluid registered hereunder shall be $10, to be collected by the Commissioner of Agriculture and Industries before the product is registered and the permit is issued authorizing sale thereof.
(e) Amounts collected hereunder as registration fees and any amount levied as a fine under the penalty provisions of this article shall be deposited in the State Treasury to the credit of the Agricultural Fund.
(f) The Commissioner of Agriculture and Industries shall refuse registration of any brake fluid which does not comply with the requirements of this article.
(g) Whenever a person who manufactures, packs, or distributes brake fluid for sale or distribution in the State of Alabama shall have registered his brand of brake fluid and has obtained a permit as required under the provisions of this section, no other person shall be required to register the same brand and obtain a permit for the purpose of selling or offering the same brand of brake fluid for sale, as it is the intent and purpose hereof to require that the requirements of this section shall be complied with only once for the sale of the same brand of brake fluid.
(Acts 1959, No. 30, p. 433, §§2, 9.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 17 - Regulation of Certain Goods and Products.›Article 1 - Brake Fluid.›Section 8-17-3 - When Deemed Adulterated.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 1 - Brake Fluid. › Section 8-17-3 - When Deemed Adulterated.
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Section 8-17-3
When deemed adulterated.
Brake fluid shall be deemed to be adulterated unless it meets the minimum standards for purity and quality as such standards for brake fluid are established by the State Board of Agriculture and Industries under the provisions of this article. Brake fluid shall also be deemed to be adulterated if it contains any substance or preparation which renders it unsuitable for use as a brake fluid or will impair the normal operation of a hydraulic brake system.
(Acts 1959, No. 30, p. 433, §3.)
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 17 - Regulation of Certain Goods and Products.›Article 1 - Brake Fluid.›Section 8-17-4 - When Deemed Misbranded.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 1 - Brake Fluid. › Section 8-17-4 - When Deemed Misbranded.
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Section 8-17-4
When deemed misbranded.
Brake fluid shall be deemed to be misbranded if its labeling is false or misleading in any particular and if in package form it does not bear a label containing the name and address of the manufacturer, packer, seller, or distributor, an accurate statement of the net quantity of the contents in terms of liquid measure and the words "brake fluid" and "heavy duty."
(Acts 1959, No. 30, p. 433, §4.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-1/section-8-17-5/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 17 - Regulation of Certain Goods and Products.›Article 1 - Brake Fluid.›Section 8-17-5 - Sale, etc., Prohibited if Misbranded, Adulterated or Unregistered.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 1 - Brake Fluid. › Section 8-17-5 - Sale, etc., Prohibited if Misbranded, Adulterated or Unregistered.
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Section 8-17-5
Sale, etc., prohibited if misbranded, adulterated or unregistered.
No person shall sell, offer for sale, keep for sale, distribute, or add to the hydraulic brake system of motor vehicles in this state any brake fluid which is misbranded or adulterated; and no person shall sell, offer for sale, keep for sale, or distribute any brake fluid in this state unless the manufacturer, packer or distributor thereof has registered the product and obtained a permit as required under the provisions of this article.
(Acts 1959, No. 30, p. 433, §5.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-1/section-8-17-6/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 17 - Regulation of Certain Goods and Products.›Article 1 - Brake Fluid.›Section 8-17-6 - Promulgation of Rules and Regulations; Product to Meet Standards and Other Requirem...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 1 - Brake Fluid. › Section 8-17-6 - Promulgation of Rules and Regulations; Product to Meet Standards and Other Requirements.
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Section 8-17-6
Promulgation of rules and regulations; product to meet standards and other requirements.
(a) The Commissioner of Agriculture and Industries, with the approval of the State Board of Agriculture and Industries, is authorized to adopt and promulgate by rule or regulation the minimum standards and specifications for brake fluid. Such standards and specifications as adopted under this section shall not be below the minimum standards and specifications established by the Society of Automotive Engineers for heavy-duty type brake fluids No. 70-R-1.
(b) Brake fluid shall not be registered for sale or distribution unless such product meets the standards and other requirements adopted under this section.
(c) The Commissioner of Agriculture and Industries, with the approval of the State Board of Agriculture and Industries, is also authorized to promulgate and adopt reasonable rules and regulations necessary to carry out the evident intent and purpose of this article.
(Acts 1959, No. 30, p. 433, §6.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-1/section-8-17-7/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 17 - Regulation of Certain Goods and Products.›Article 1 - Brake Fluid.›Section 8-17-7 - Suspension From Sale, Seizure and Condemnation for Violations; Sale, etc., Prohibit...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 1 - Brake Fluid. › Section 8-17-7 - Suspension From Sale, Seizure and Condemnation for Violations; Sale, etc., Prohibited After Suspension.
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Section 8-17-7
Suspension from sale, seizure and condemnation for violations; sale, etc., prohibited after suspension.
(a) Any brake fluid sold, offered for sale, kept for sale, or distributed in this state which is in violation of any of the provisions or requirements of this article, or rules and regulations promulgated under it, or which is not registered as required under this article shall be subject to suspension from sale, seizure and condemnation pursuant to the provisions of Article 2, Chapter 2 of Title 2, and shall be subject to all of the provisions of said Article 2.
(b) It shall be unlawful and punishable as a misdemeanor for any person to move, transport, sell or in any other manner dispose of any brake fluid after such brake fluid has been suspended or ordered withheld from sale as authorized under this section without having written authority from the Commissioner of Agriculture and Industries or his duly authorized agents or employees.
(Acts 1959, No. 30, p. 433, §7.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-1/section-8-17-8/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 17 - Regulation of Certain Goods and Products.›Article 1 - Brake Fluid.›Section 8-17-8 - Inspection and Testing.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 1 - Brake Fluid. › Section 8-17-8 - Inspection and Testing.
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Section 8-17-8
Inspection and testing.
The Commissioner of Agriculture and Industries and his agents, representatives or employees are authorized to enter any establishment where brake fluid is being sold, offered for sale or kept for sale to examine and inspect the product to determine whether such brake fluid is in compliance with the provisions of this article. Upon paying, or offering to pay the value of any specimen or sample, they are authorized to take such specimens or samples for analysis, examination and inspection.
(Acts 30, p. 433, §8.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-1/section-8-17-9/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 17 - Regulation of Certain Goods and Products.›Article 1 - Brake Fluid.›Section 8-17-9 - Penalty for Violation of Article.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 1 - Brake Fluid. › Section 8-17-9 - Penalty for Violation of Article.
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Section 8-17-9
Penalty for violation of article.
Any person who shall sell, offer for sale, or distribute any brake fluid in violation of the provisions of this article and any person who sells, offers for sale or distributes any brake fluid not registered and approved for sale as required under this article shall be guilty of a misdemeanor and punished as now prescribed by law for such an offense.
(Acts 1959, No. 30, p. 433, §10.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-2/section-8-17-20/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 17 - Regulation of Certain Goods and Products.›Article 2 - Caustic or Corrosive Substances.›Section 8-17-20 - Definitions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 2 - Caustic or Corrosive Substances. › Section 8-17-20 - Definitions.
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Section 8-17-20
Definitions.
For the purposes of this article, the following terms shall have the meanings respectively ascribed to them by this section:
(1) DANGEROUS CAUSTIC OR CORROSIVE SUBSTANCE.
Each and all of the acids, alkalis, and substances named below:
a. Hydrochloric acid and any preparation containing free or chemically unneutralized hydrochloric acid (HCL) in a concentration of 10 percent or more;
b. Sulphuric acid and any preparation containing free or chemically unneutralized sulphuric acid (H2SO4) in a concentration of 10 percent or more;
c. Nitric acid or any preparation containing free or chemically unneutralized nitric acid (HNO3) in a concentration of five percent or more;
d. Carbolic acid (C6H5OH), otherwise known as phenol, and any preparation containing carbolic acid in a concentration of five percent or more;
e. Oxalic acid or any preparation containing free or chemically unneutralized oxalic acid (H2C2O4) in a concentration of 10 percent or more;
f. Any salt of oxalic acid and any preparation containing any such salt in a concentration of 10 percent or more;
g. Acetic acid or any preparation containing free or chemically unneutralized acetic acid (HC2H3O2) in a concentration of 20 percent or more;
h. Hypochlorous acid, either free or combined, and any preparation containing the same in a concentration so as to yield 10 percent or more by weight of available chlorine, excluding calx chlorinata, bleaching powder, and chloride of lime;
i. Potassium hydroxide and any preparation containing free or chemically unneutralized potassium hydroxide (KOH), including caustic potash and Vienna paste, in a concentration of 10 percent or more;
j. Sodium hydroxide and any preparation containing free or chemically unneutralized sodium hydroxide (NaOH), including caustic soda and lye, in a concentration of 10 percent or more;
k. Silver nitrate, sometimes known as luna caustic, or any preparation containing silver nitrate (AgNO3) in a concentration of five percent or more;
l. Ammonia water and any preparation yielding free or chemically uncombined ammonia (NH3), including ammonium hydroxide and "hartshorn," in a concentration of five percent or more.
(2) MISBRANDED PARCEL, PACKAGE, OR CONTAINER. A retail parcel, package, or container of any dangerous caustic or corrosive substance for household use, not bearing a conspicuous, easily legible label, or sticker containing the name of the article, the name and place of business of the manufacturer, packer, seller, or distributor, the word "Poison," running parallel with the main body of reading matter on said label, or sticker on a clear, plain background of a distinctly contrasting color in uncondensed gothic capital letters, the letters to be not less than 24-point size unless there is on said label or sticker no other type so large, in which event the type shall be not smaller than the largest type on the label or sticker and directions for treatment in case of accidental personal injury by the dangerous caustic or corrosive substance.
(Acts 1927, No. 132, p. 90; Code 1940, T. 2, §51.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-2/section-8-17-21/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 17 - Regulation of Certain Goods and Products.›Article 2 - Caustic or Corrosive Substances.›Section 8-17-21 - Selling, etc., in Misbranded Container, Etc.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 2 - Caustic or Corrosive Substances. › Section 8-17-21 - Selling, etc., in Misbranded Container, Etc.
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Section 8-17-21
Selling, etc., in misbranded container, etc.
No person shall sell, barter or exchange, receive, hold, pack, display, or offer for sale, barter or exchange in the State of Alabama any dangerous caustic or corrosive substance in a misbranded parcel, package, or container, such parcel, package, or container designed for household use; provided, that household products for cleaning and washing purposes, subject to this article and labeled in accordance therewith, may be sold, offered for sale, held for sale, and distributed in this state by any dealer, wholesale, or retail.
(Acts 1927, No. 132, p. 90; Code 1940, T. 2, §52.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-2/section-8-17-22/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 17 - Regulation of Certain Goods and Products.›Article 2 - Caustic or Corrosive Substances.›Section 8-17-22 - Confiscation, etc., of Misbranded Containers, Etc.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 2 - Caustic or Corrosive Substances. › Section 8-17-22 - Confiscation, etc., of Misbranded Containers, Etc.
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Section 8-17-22
Confiscation, etc., of misbranded containers, etc.
Any dangerous caustic or corrosive substance in a misbranded parcel, package, or container suitable for household use that is being sold, bartered or exchanged, held, displayed or offered for sale, barter, or exchange shall be confiscated and disposed of as provided for under Article 2, Chapter 2 of Title 2, and all of the provisions of said Article 2 shall be applicable to substances regulated by this article.
(Acts 1927, No. 132, p. 90; Code 1940, T. 2, §53.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-2/section-8-17-23/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 17 - Regulation of Certain Goods and Products.›Article 2 - Caustic or Corrosive Substances.›Section 8-17-23 - Enforcement of Article; Approval and Registration of Brands and Labels; Rules and...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 2 - Caustic or Corrosive Substances. › Section 8-17-23 - Enforcement of Article; Approval and Registration of Brands and Labels; Rules and Regulations.
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Section 8-17-23
Enforcement of article; approval and registration of brands and labels; rules and regulations.
The Commissioner of Agriculture and Industries shall enforce the provisions of this article as in the case of other provisions of Chapter 1 of Title 20, and may approve and register such brands and labels intended for use under the provisions of this article as may be submitted for that purpose and as may, in his or her judgment, conform to the requirements of this article; provided, that in any prosecution under this article the fact that any brand or label involved in such prosecution has not been submitted to the commissioner for approval or, if submitted, has not been approved by him or her shall be immaterial. In addition, the commissioner may make and adopt rules and regulations pursuant to the Administrative Procedure Act as he or she deems necessary to carry out this article and may establish a filing fee to accompany each application for approval and registration of a brand or label.
(Acts 1927, No. 132, p. 90; Code 1940, T. 2, §54; Act 2004-516, p. 996, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-2/section-8-17-24/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 17 - Regulation of Certain Goods and Products.›Article 2 - Caustic or Corrosive Substances.›Section 8-17-24 - Penalty for Violation of Article.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 2 - Caustic or Corrosive Substances. › Section 8-17-24 - Penalty for Violation of Article.
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Section 8-17-24
Penalty for violation of article.
Any person violating the provisions of this article shall be guilty of a misdemeanor.
(Acts 1927, No. 132, p. 90; Code 1940, T. 2, §55.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-3/section-8-17-40/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 17 - Regulation of Certain Goods and Products.›Article 3 - Linseed Oil.›Section 8-17-40 - Standards for Raw Linseed Oil.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 3 - Linseed Oil. › Section 8-17-40 - Standards for Raw Linseed Oil.
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Section 8-17-40
Standards for raw linseed oil.
No person shall sell or take orders for sale and delivery within the state any raw linseed oil unless the same is wholly obtained from the seeds of the flax plant (linum usitatissimum) and unless the same fulfills all the requirements recognized by the United States pharmacopoeia official at the time of the investigation.
(Ag. Code 1927, §198; Code 1940, T. 2, §442.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-3/section-8-17-41/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 17 - Regulation of Certain Goods and Products.›Article 3 - Linseed Oil.›Section 8-17-41 - Standards for Boiled Linseed Oil.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 3 - Linseed Oil. › Section 8-17-41 - Standards for Boiled Linseed Oil.
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Section 8-17-41
Standards for boiled linseed oil.
No person shall sell or take orders for sale and delivery within this state any boiled linseed oil, or so-called "boiled oil," unless the same has been prepared from pure raw linseed oil and lead and manganese driers and unless the same complies with the standards and requirements prescribed by the State Board of Agriculture and Industries.
(Ag. Code 1927, §200; Code 1940, T. 2, §443.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-3/section-8-17-42/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 17 - Regulation of Certain Goods and Products.›Article 3 - Linseed Oil.›Section 8-17-42 - Labeling of Original, Unbroken Containers.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 3 - Linseed Oil. › Section 8-17-42 - Labeling of Original, Unbroken Containers.
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Section 8-17-42
Labeling of original, unbroken containers.
No person shall sell any linseed or flaxseed oil unless it is exposed for sale or sold under its true name and each original unbroken tank car, tank, barrel, keg, or vessel containing such oil has distinctly and durably marked thereon the true name of such oil as well as the name and place of business of the manufacturer thereof in ordinary bold-faced capital letters not less than 60 points in size the words "Pure Linseed Oil - Raw" or "Pure Linseed Oil - Boiled," as the case may be.
(Ag. Code 1927, §201; Code 1940, T. 2, §444.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-3/section-8-17-43/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 17 - Regulation of Certain Goods and Products.›Article 3 - Linseed Oil.›Section 8-17-43 - Mixture or Substitute to Be Marked and Sold as Such.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 3 - Linseed Oil. › Section 8-17-43 - Mixture or Substitute to Be Marked and Sold as Such.
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Section 8-17-43
Mixture or substitute to be marked and sold as such.
(a) No person shall sell or take orders for sale and delivery within this state any compound or mixture of linseed oil, raw or boiled, with other products, except as provided in this article, or any product which is intended to be used as a substitute for linseed oil (raw or boiled) unless it is exposed for sale and sold under the name "substitute for linseed oil."
(b) If the words "linseed" or "flaxseed" are used other than in the name, the true name of each and every ingredient of such product shall also appear, giving preference of order to the ingredients present in the greater proportion; but all letters used in naming the ingredients shall be of the same size and color, using the style of type as hereinafter specified.
(c) Each tank car, tank, barrel, keg, can, jug, or vessel, both wholesale and retail, and all storage receptacles containing such product, shall be distinctly and durably marked in a conspicuous place using the English language and kind of type as hereinafter specified, giving the name under which it is sold, the names of ingredients when required and the name and place of business of the manufacturer thereon in continuous list with no intervening matter, using ordinary bold-face capital letters not less than 60 points in size, and there shall be such a contrast between the color of the type and the background of the label as to render the same easily and plainly legible.
(Ag. Code 1927, §202; Code 1940, T. 2, §445.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-3/section-8-17-44/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 17 - Regulation of Certain Goods and Products.›Article 3 - Linseed Oil.›Section 8-17-44 - Enforcement of Article; Suspension From Sale, Seizure, etc., of Illegal Products.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 3 - Linseed Oil. › Section 8-17-44 - Enforcement of Article; Suspension From Sale, Seizure, etc., of Illegal Products.
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Section 8-17-44
Enforcement of article; suspension from sale, seizure, etc., of illegal products.
(a) The Commissioner of Agriculture and Industries through the facilities of the State Department of Agriculture and Industries shall enforce the provisions of this article.
(b) The provisions of Article 2, Chapter 2 of Title 2 shall be applicable to linseed oil regulated by this chapter.
(Acts 1977, No. 20, p. 28, §2.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-3/section-8-17-45/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 17 - Regulation of Certain Goods and Products.›Article 3 - Linseed Oil.›Section 8-17-45 - Penalty for Violation of Article.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 3 - Linseed Oil. › Section 8-17-45 - Penalty for Violation of Article.
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Section 8-17-45
Penalty for violation of article.
Any person violating any provision of this article or the standards established hereunder shall be guilty of a misdemeanor and, upon conviction, shall be fined not more than $500, and may also be sentenced to hard labor for not more than six months.
(Ag. Code 1927, §611; Code 1940, T. 2, §12.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-5/division-1/section-8-17-80/
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 17 - Regulation of Certain Goods and Products.›Article 5 - Petroleum Products.›Division 1 - Standards and Inspections Generally.›Section 8-17-80 - Definitions.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 5 - Petroleum Products. › Division 1 - Standards and Inspections Generally. › Section 8-17-80 - Definitions.
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Section 8-17-80
Definitions.
(a) The following words and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
(1) AVIATION GASOLINE. Motor fuel designed for use in the operation of aircraft other than jet aircraft, and sold or used for that purpose.
(2) BIODIESEL FUEL. Any motor fuel or mixture of motor fuels that is derived, in whole or in part, from agricultural products or animal fats, or the wastes of such products or fats, and is advertised as, offered for sale as, suitable for use as, or used as motor fuel in a diesel engine.
(3) BLENDED FUEL. A mixture composed of gasoline or diesel fuel and any other liquid that can be used as a motor fuel in a highway vehicle.
(4) BOARD. The Alabama Board of Agriculture and Industries.
(5) BRAND. The trade name or other designation under which a particular petroleum product is sold, offered for sale, or otherwise identified.
(6) BULK TRANSFER. Any transfer of motor fuel from one location to another by pipeline tender or marine delivery within a bulk transfer/terminal system, including, but not limited to, the following:
a. The movement of motor fuel from a refinery or terminal to a terminal by marine vessel or barge.
b. The movement of motor fuel from a refinery or terminal to a terminal by pipeline.
c. The book or in-tank transfer of motor fuel within a terminal between licensed suppliers prior to the completion of removal across the rack.
d. A two-party exchange between licensed suppliers or between licensed suppliers and permissive suppliers.
(7) BULK TRANSFER/TERMINAL SYSTEM. The motor fuel distribution system consisting of refineries, pipelines, marine vessels, and terminals.
(8) BULK USER. A person who receives into his or her own storage facilities, in transport truck lots, taxable motor fuel for his or her own consumption.
(9) COMMISSIONER. The Alabama Commissioner of Agriculture and Industries.
(10) DEPARTMENT. The Alabama Department of Agriculture and Industries.
(11) DIESEL FUEL. Any liquid that is advertised, offered for sale, or sold for use as or used as a motor fuel in a diesel-powered engine. Diesel fuel includes #1 and #2 fuel oils, kerosene, special fuels, and blended fuels which contain diesel fuel, but shall not include gasoline or aviation fuel.
(12) DYED DIESEL FUEL. Diesel fuel that meets the dyeing and marking requirements of Section 4082, Title 26 of the United States Code.
(13) DYED KEROSENE. Kerosene that meets the dyeing and marking requirements of Section 4082, Title 26 of the United States Code.
(14) GASOHOL. A blended motor fuel composed of gasoline and motor fuel grade alcohol.
(15) GASOLINE. Any product commonly or commercially known as gasoline, regardless of classification, that is advertised, offered for sale, or sold for use as or used as motor fuel in an internal combustion engine, including gasohol and blended fuel which contains gasoline. Gasoline also includes gasoline blendstocks as defined under Section 4081, Title 26 of the United States Code and the regulations promulgated thereunder. Gasoline does not include special fuel or aviation gasoline sold to a licensed aviation fuel purchaser for use in an aircraft motor.
(16) IMPORT. To bring petroleum products into this state for sale, use, or storage by any means of conveyance other than in the fuel supply tank of a motor vehicle. Petroleum products delivered into this state from out-of-state by or for the seller constitutes an import by the seller. Petroleum products delivered into this state from out-of-state by or for the purchaser constitutes an import by the purchaser.
(17) IMPORTER. A person who imports petroleum products into this state.
(18) INSPECTION FEE PERMIT HOLDER. A person to whom the Department of Revenue has issued an inspection fee permit.
(19) K-1 KEROSENE. A petroleum product having an A.P.I. gravity of not less than 40 degrees, at a temperature of 60 degrees Fahrenheit and a minimum flash point of 100 degrees Fahrenheit, and which meets American Society for Testing Materials Standard D-3699 as in effect on January 1, 1999.
(20) KEROSENE. All grades of kerosene, including, but not limited to, the two grades of kerosene, No. 1-K and No. 2-K, commonly known as K-1 kerosene and K-2 kerosene, respectively, described in the American Society for Testing Materials Standard D-3699, in effect on January 1, 1999, and kerosene-type jet fuel described in the American Society for Testing Materials Standard D-1655 and military specifications MIL-t-5624r and MIL-t-83133d (grades jp-5 and jp8) and any grade described as kerosene or kerosene-type jet fuel by the Internal Revenue Code and administrative guidance promulgated thereunder.
(21) LUBRICATING OIL. Those products of petroleum that are commonly used in lubricating or oiling engines and any devices or substitutes for such products of petroleum.
(22) NET GALLONS. The amount of dyed diesel fuel and dyed kerosene measured in gallons when adjusted to a temperature of 60 degrees Fahrenheit and a pressure of fourteen and seven-tenths pounds pressure per square inch.
(23) PERMISSIVE SUPPLIER. An out-of-state supplier that elects, but is not required, to have a supplier's license as required in Section 40-17-332.
(24) PERSON. Any natural person, firm, partnership, association, corporation, receiver, trust, estate, or other entity as well as any other group or combination thereof acting as a unit.
(25) PERSON FIRST SELLING. Any person, as herein defined, who first sells dyed diesel fuel, dyed kerosene, and/or lubricating oil in Alabama on which an inspection fee is imposed by this article. The first seller of dyed diesel fuel, dyed kerosene, and/or lubricating oil must obtain an inspection fee permit by making application to the Department of Revenue.
(26) PETROLEUM PRODUCTS. Gasoline, diesel fuel, and lubricating oil.
(27) RETAILER. A person other than a wholesale distributor that engages in the business of selling or distributing taxable motor fuel to the end user within this state.
(28) REVENUE COMMISSIONER. The Commissioner of the Alabama Department of Revenue.
(29) SPECIAL FUEL. Any gas or liquid, other than gasoline, used or suitable for use as motor fuel in an internal combustion engine or motor to propel any form of vehicle, machine, or mechanical contrivance, and includes products commonly known as natural or casing-head gasoline, biodiesel fuel, and transmix. Special fuel does not include any petroleum product or chemical compound such as alcohol, industrial solvent, or lubricant, unless blended in or sold for use as motor fuel in an internal combustion engine.
(30) STATE. The State of Alabama.
(31) SUPPLIER. A person who is subject to the general taxing jurisdiction of this state and registered under Section 4101 of the Internal Revenue Code for transactions in motor fuel in the bulk transfer/terminal distribution system and who owns motor fuel in the bulk transfer/terminal system, or a person who receives motor fuel in this state pursuant to a two-party exchange. A terminal operator shall not be considered a supplier based solely on the fact that the terminal operator handles motor fuel consigned to it within a terminal.
(32) UNDYED DIESEL FUEL. Diesel fuel that has not been dyed in accordance with the Internal Revenue Service fuel dyeing provisions.
(b) The definitions set forth in this section shall be deemed applicable whether the words defined are herein used in the singular or plural.
(c) Any pronoun or pronouns used herein shall be deemed to include both singular and plural and to cover all genders.
(Acts 1971, No. 1403, p. 2363, §1; Acts 1971, 3rd Ex. Sess., No. 339, p. 4643, §1; Act 2015-54, p. 198, §1; Act 2017-296, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-5/division-1/section-8-17-81/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 17 - Regulation of Certain Goods and Products.›Article 5 - Petroleum Products.›Division 1 - Standards and Inspections Generally.›Section 8-17-81 - Determination and Adoption of Standards and Methods of Tests; Promulgation of Rule...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 5 - Petroleum Products. › Division 1 - Standards and Inspections Generally. › Section 8-17-81 - Determination and Adoption of Standards and Methods of Tests; Promulgation of Rules; Effect of Prior Standards.
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Section 8-17-81
Determination and adoption of standards and methods of tests; promulgation of rules; effect of prior standards.
(a) The Board of Agriculture and Industries shall have the power and duty to:
(1) Determine and adopt standards of minimum specifications for petroleum products, and the various classifications and kinds thereof, as to safety, purity, freedom from objectionable substances, distillation tests, heat-producing qualities, fire tests, and efficiency which are not inconsistent with the specifications for the same products that are published from time to time by the United States Department of Commerce; and
(2) Make changes from time to time in such standards, all as the board may deem necessary to provide for the public safety and to provide that such petroleum products are satisfactory and efficient for the purposes for which they may be sold, offered for sale, stored, or used in the state; provided, that such standards shall not be adopted or altered by the board until after a specified date when any person in interest may appear before the board with reference to such standards.
(b) The Board of Agriculture and Industries shall prescribe the methods of tests to be used in determining whether or not petroleum products are in compliance with such standards as shall be adopted as authorized in this section. Any testing and analysis required to be performed may be performed as provided in Section 2-2-33.
(c) The Board of Agriculture and Industries shall have authority to promulgate rules and regulations necessary to secure the safe handling of petroleum products and other such rules and regulations not inconsistent with the provisions of this division as in the judgment of the board may be necessary to the proper enforcement of this division.
(d) The standards of minimum specifications heretofore promulgated by the Board of Agriculture and Industries pursuant to authorization in either Article 21 of Chapter 1 of Title 2 of the Code of Alabama of 1940, or Division 2 of Article 26 of Chapter 1, shall constitute the standards of minimum specifications applicable under this division until such time as the board shall adopt standards pursuant to the provisions of this division.
(Acts 1971, No. 1403, p. 2363, §5; Act 2015-262, §2.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-5/division-1/section-8-17-82/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 17 - Regulation of Certain Goods and Products.›Article 5 - Petroleum Products.›Division 1 - Standards and Inspections Generally.›Section 8-17-82 - Labeling Requirement.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 5 - Petroleum Products. › Division 1 - Standards and Inspections Generally. › Section 8-17-82 - Labeling Requirement.
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Section 8-17-82
Labeling requirement.
(a) Each person selling, offering for sale, storing or using in the state any petroleum product must label, or cause to be labeled, each tank car, tank, barrel, pump, or other container in which such petroleum product is contained or marketed with the words "guaranteed legal standards" and with an additional word or words denoting the precise character of the petroleum product in the container so labeled. Each word in such label shall be legibly printed in letters not less than one-half inch in height.
(b) An alternate manner for container and other labeling information as required under subsection (a) of this section may be prescribed by the Board of Agriculture and Industries pursuant to rules and regulations which shall be consistent with the evident intent and purposes of this section.
(c) In addition to the requirements of subsections (a) and (b) of this section each person selling, offering for sale, storing or using in the state any petroleum product to be used as a motor fuel containing a minimum of 10 percent blend of ethyl alcohol of a purity of at least 99 percent denatured in conformity with one of the approved methods set forth by the U.S. Department of Treasury Division of Alcohol, Tobacco and Firearms and derived from agricultural or forest products or other renewable resource products commonly known as gasohol must label or cause to be labeled each container, pump, or dispenser from which such petroleum product is sold or dispensed with the word "GASOHOL." Each such container or pump shall be conspicuously, clearly and distinctly labeled on each side which faces the motor vehicle and readily visible in an upright position with the word "GASOHOL" printed in black letters at least three inches in height and one-quarter inch in width on a yellow background. The Board of Agriculture and Industries shall have authority to make and issue rules and regulations relating to the implementation of the provisions of this subsection; provided, however, no alternate method of labeling shall be prescribed by such board for this subsection nor shall the requirements of this subsection be in any manner delayed.
(Acts 1971, No. 1403, p. 2363, §3; Acts 1971, 3rd Ex. Sess., No. 339, p. 4643, §2; Acts 1987, No. 87-277, p. 385, §1.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-5/division-1/section-8-17-83/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 17 - Regulation of Certain Goods and Products.›Article 5 - Petroleum Products.›Division 1 - Standards and Inspections Generally.›Section 8-17-83 - Adulteration or Lowering of Standard Prohibited.
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 5 - Petroleum Products. › Division 1 - Standards and Inspections Generally. › Section 8-17-83 - Adulteration or Lowering of Standard Prohibited.
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Section 8-17-83
Adulteration or lowering of standard prohibited.
It shall be unlawful for any person who has purchased for resale any petroleum product in respect of which an inspection fee has been paid or which has been designated "guaranteed legal standard" to adulterate or in any way lower the standard of the said petroleum product by the addition of any other liquid or substance, including, without limitation to, any other petroleum product, or to sell, offer for sale, store or use any petroleum product so adulterated or lowered in standard.
(Acts 1971, No. 1403, p. 2363, §8.)
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https://law.justia.com/codes/alabama/title-8/chapter-17/article-5/division-1/section-8-17-84/
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AL
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Justia›US Law›US Codes and Statutes›Code of Alabama›2023 Code of Alabama›Title 8 - Commercial Law and Consumer Protection.›Chapter 17 - Regulation of Certain Goods and Products.›Article 5 - Petroleum Products.›Division 1 - Standards and Inspections Generally.›Section 8-17-84 - Records to Be Kept; Preservation and Inspection of Records; Regulations as to Keep...
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2023 Code of Alabama › Title 8 - Commercial Law and Consumer Protection. › Chapter 17 - Regulation of Certain Goods and Products. › Article 5 - Petroleum Products. › Division 1 - Standards and Inspections Generally. › Section 8-17-84 - Records to Be Kept; Preservation and Inspection of Records; Regulations as to Keeping of Records.
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Section 8-17-84
Records to be kept; preservation and inspection of records; regulations as to keeping of records.
(a) Each person required to be licensed under Section 40-17-332(a), (b), or (f) for gasoline, or permitted under Section 8-17-96 for dyed diesel fuel, dyed kerosene, or lubricating oil, and each bulk user and retailer shall keep and maintain all records pertaining to the petroleum products received, produced, manufactured, refined, compounded, used, sold, imported, or delivered, together with delivery tickets, invoices, bills of lading, and other pertinent records and papers required by the Department of Revenue for the reasonable administration of this article, for a period of no less than three years.
(b) All such records shall be preserved for a period of three years and shall at all times during the business hours of the day be subject to inspection by the Revenue Commissioner or his or her agents or representatives.
(c) The Revenue Commissioner may prescribe regulations respecting the keeping of the records required in this section and the forms thereof.
(Acts 1971, No. 1403, p. 2363, §4; Act 2015-54, §1.)
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